HomeMy WebLinkAboutJune 30, 1988 Regular Meeting575
A Regular Meeting of the Frederick County Board of Super-
visors was held on June 30, 1988, at 7 :15 P.M., in the Board of
Supervisor's Meeting Room, Frederick County Courthouse, Loudoun
Street Mall, Winchester, Virginia.
PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes,
Vice- Chairman; Dudley H. Rinker; Roger L. Crosen; L. A. Putnam
and Charles W. Orndoff, Sr.
CALL TO ORDER
The Chairman called the meeting to order and asked that
everyone observe a moment of silence in absence of a Minister.
ADOPTION OF AGENDA
Mr. Riley advised that he had several budget items that
were being requested for carry forward for next year and the
Board would need to make a decision on future rental of the
Court Services building. He announced that he had received a
memorandum from the Health Department outlining changes in their
fee schedule which he would like for the Board to review and
make a recommendation.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the Agenda was adopted as amend-
ed.
APPROVAL OF MINUTES
Mr. Crosen stated that in the minutes of the regular meet-
ing of April 13, Page 5, under the Clerk's request for funds,
the amount should read "$14,000" instead of "$4,000 ".
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the minutes of the regular meet-
ing of April 13, 1988 were approved as amended.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the minutes of the special meet-
ing of May 5, 1988 were approved as submitted.
The minutes of the regular meeting of May 11, 1988 are to
be held until the meeting of July 13, 1988 as the tape needs to
be checked for clarification on three items.
Mr. Crosen stated that in the minutes of the regular meet-
ing of May 25, 1988, on Page 12, next to the last paragraph, the
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name should be "Newlin" instead of "Jenkins" and "Shewlin"
should be spelled "Schulen ".
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the minutes of the regular meet-
ing of May 25, 1988 were approved as amended.
Mr. Rinker asked Mr. Riley if the minutes from one meeting
could be prepared and submitted to the Board by the following
meeting.
Mr. Riley explained that with all the office is charged
with doing and the many areas in which the staff has to cover,
he did not feel this would be possible but he would check into
it.
ROBERT F. GAINES, JR. REAPPOINTED TO THE SCHOOL
BOARD FROM BACK CREEK DISTRICT
Upon motion made by Robert M. Rhodes, seconded by Dudley H.I
Rinker and passed unanimously, Robert F. Gaines, Jr. was re-
appointed to the School Board as a representative from Back
Creek District, said term to commence July 1, 1988 and expire or
June 30, 1992.
CHARLES HOW REAPPOINTED TO THE SCHOOL BOARD FROM
STONEWALL DISTRICT
Upon motion made by Charles W. Orndoff, Sr., seconded by L.
A. Putnam and passed unanimously, Charles Hott was reappointed
to the School Board as a representative from Stonewall District,
said term to commence July 1, 1988 and expire on June 30, 1992.
JOHN R. RILEY, JR. APPOINTED TO SERVE ON THE VASAP
POLICY BOARD
Upon motion made by Roger L. Crosen, seconded by L. A.
Putnam and passed unanimously, John R. Riley, Jr. was appointed
to serve on the VASAP Policy Board.
DISCUSSION OF LEASE EXTENSION FOR COURT SERVICES
BUILDING
Mr. Stiles asked if the Board felt it was necessary to go
into Executive Session at this time for the purpose of
discussing the future lease of the Court Services building.
Mr. Riley replied that he felt all the details had been
worked out and that the Board had been provided with all the
57 r'
pertinent information, therefore an Executive Session would not
be necessary.
REQUEST FROM PARKS AND RECREATION COMMISSION TO CHANGE
BY -LAWS - APPROVED
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the By -Laws of the Parks and
Recreation Commission were changed to read as follows:
Section 7.
Planning
Duties
and Responsibilities
C.
Schedule
public
hearings
as needed.
FINANCE DEPARTMENT - BUDGET ADJUSTMENTS - APPROVED
The following budget adjustments were presented:
Request from School Board Finance Director for a Supple-
mental Appropriation in the D. J. Howard Project Construc-
tion Fund and Additional Transfers from the General Fund
in the Amount of $76,226.00 - Approved
The School Finance Director is requesting a supplemental
appropriation in the D. J. Howard Project Construction Fund and
additional transfers from the General Fund in the amount of
$76,226.00. These funds were budgeted in 1988 -1989, however the
project has been completed sooner than expected. See attached
memo.
Upon motion made by Robert M. Rhodes, seconded by L. A.
Putnam and passed unanimously, the above was approved.
quest from the Commonwealth's Atto
crease in Pettv Cash - Approved
Request for an increase in petty cash in the Commonwealth's
Attorney's Office of $500.00.
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the above was approved.
Request for Approval of General Fund Appropriation
Transfers in the Amount of 4,000 in the Sheriff's Budget -
Approved
Request for approval of General Fund appropriation trans-
fens in the amount of $4,000 in the Sheriff's budget. Funds are
needed to cover the cost of plumbing repairs at the jail.
Upon motion made by L. A. Putnam, seconded by Robert M.
Rhodes and passed unanimously, the above was approved.
's Office for an
Request from Inspections for a 1988 -1989 General Fund
Supplemental Appropriation in the Amount of $24,000
*6
Upon motion made by Robert M. Rhodes, seconded by Roger L.
Crosen and passed unanimously, the above request was approved.
This money is carry over of funds from 1987 -1988 to be used for
furniture and equipment for the process of reorganizing the
Inspections Department.
Request from School Finance Director for a FY 1987 -1988
Supplemental Appropriation in the Amount of 283 - Approvec
The School Finance Director is requesting a FY 1987 -1988
supplemental appropriation in the amount of $283 for the Gifted
and Talented Education Program. No local funds are needed.
Upon motion made by L. A. Putnam, seconded by Robert M.
Rhodes and passed unanimously, the above was approved.
Request from Assistant County Administrator for
Supplemental Appropriation in the Amount of $13,837.75
for the Animal Shelter Project - Approved
Upon motion made by Charles W. Orndoff, Sr. and seconded bl
L. A. Putnam, a supplemental appropriation in the amount of
$13,837.75 to complete the animal shelter was approved. Of this
amount, $6,837.75 was approved in FY 1987 -1988 and needs to be
carried forward and $7,000 is new money being requested to cover
the cost of a security fence and shelter equipment.
Rental Increase on Court Services Building - Approved
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the rental increase on the Court
Services building from $5,000 per month to $6,000 per month was
approved.
HEALTH DEPARTMENT INSPECTION FEE - DISCUSSED
Mr. Riley advised the Board that the local Health Depart-
ment had informed him this date that the local Health Department
would be charging a $50 fee for all septic and drainfield
requests effective July 1, 1988 and in the next several months a
$25 well inspection fee will be in place.
It was the consensus of the Board that citizens not be
charged twice for the same service and further, those that would
be charged that a refund be issued for the local fee retroactive
to July 1, 1988.
P,
PUBLIC HEARING
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
7, ELECTIONS, ARTICLE II, S E C TION 2-2-5, BACK CREEK
5,
Upon motion made by Charles W. Orndoff, Sr., seconded by L.
A. Putnam and passed unanimously, the Frederick County Code,
Chapter 7, Elections, Article II, Section 2 -2 -5, the polling
place for the Kernstown Precinct, was changed from the Stone -
brook Swim & Racquet Club to the Commonwealth of Virginia's
Department of Motor Vehicles, located on Route 11 South,
Kernstown.
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
AN ORDINANCE TO AMEND THE
COUNTY CODE, CHAPTER
PROVIDE A HOUSING TYPE WITM A MINIMUM LUT bIZZ Ur iZ),uvV
SQUARE FEET WITH NO REQUIRED OPEN SPACE - APPROVED
Mr. Watkins, Planning and Development Director, presented
this request.
Upon motion made by L. A. Putnam, seconded by Dudley H.
Rinker and passed unanimously, the following ordinance amendment
was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING, TO AMEND ARTICLE I, AMENDMENTS TO CHAPTER TO
READ AS FOLLOWS:
5 -4 OPEN SPACE REQUIREMENTS
5 -4 -1 The following open space and recreation requirements
shall be met by uses in this district.
5 -4 -2 A minimum percentage of the gross area of any
proposed development shall be designated as common
open space. This open space shall be for purposes
of environmental protection and for the common use
of residents of the development. Developments which
contain any of the following housing types shall
provide open space as specified below:
Minimum Required
Minimum Required Open Space Allowed
Open Space with Bonus Factors
Developments containing
only single family
detached rural tradi-
tional or single family
family detached tradi-
tional housing. 0% --
Developments containing
only single family
detached urban housing. 15% 0%
ME
Developments containing
only single family detached
cluster or a mixture of single
family detached cluster
and urban traditional
housing. 258 158
All other developments. 308 208
5 -6 DIMENSIONAL REQUIREMENTS
5 -6 -1 The following dimensional requirements shall be met
by uses in this district. The Administrator shall
make the final determination as to the
classification of housing types.
5 -6 -1.1 Unless otherwise specified, all housing types shall
be served by public sewer and water.
5 -6 -2 SF DETACHED - RURAL TRADITIONAL - Single family
residence on an individual lot with private yards o
all four sides, without public sewer and water.
5 -6 -2.1
Minimum
Lot Size -
100,000 square feet.
5 -6 -2.2
Minimum
Yards:
5 -6 -2.2.1
Setback
from road
right -of -way - 60'
5 -6 -2.2.2
Side -
15'
5 -6 -2.2.3
Rear -
50' without
public sewer and water
5 -6 -2.3
Minimum
lot width
to maximum depth ratio - 1 to 3
5 -6 -2.4
Minimum
Off - Street
Parking - 2 spaces /unit
5 -6 -2.5
Maximum
Building Height
- Principle 35'; Accessory
20'
5 -6 -3 SF DETACHED TRADITIONAL - Large lot single family
residence with private yards on all four sides
without required common open space.
5 -6 -3.1 Minimum Lot Area - 15,000 square feet
5 -6 -3.2 Minimum Yards:
5 -6 -3.2.1 Setback from road right -of -way - 35'
5 -6 -3.2.2 Side - 10'
5 -6 -3.2.3 Rear 25'
5 -6 -3.3 Minimum Lot Width at Setback - 80'
5 -6 -3.4 Minimum Off - Street Parking - 2 Spaces /Unit
5 -6 -3.5 Maximum Building Height - Principle 35 Accessory
20'
5 -6 -4 SF DETACHED - URBAN - Single family residence on
an individual lot with private yards on all four
sides.
5 -6 -4.1 Minimum Lot Area - 12,000 feet
PRELIMINARY MASTER DEVELOPMENT PLAN - STAR FORT ESTATES -
TABLED
SUBDIVISION REQUEST - LENOIR CITY COMPANY OF VIRGINIA -
APPROVED
Mr. Watkins presented this request and stated that the Plan-
ning Commission recommended approval.
Upon motion made by Charles W. Orndoff, Sr., seconded by
L. A. Putnam and passed unanimously, the subdivision request of
Lenoir City Company of Virginia was approved.
ROAD RESOLUTIONS - WAKELAND MANOR, SECTIONS F and F1
AND GLENDOBBIN HILLS, SECTION III - APPROVED
Upon motion made by L. A. Putnam, seconded by Roger L.
Crosen and passed unanimously, the following resolution on
Wakeland Manor was approved:
BE IT RESOLVED, that the Virginia Department of Trans-
portation is hereby requested to add the following roads to the
Secondary System of Frederick County pursuant to Section
33.1 -229 of the Code of Virginia, 1950, as amended:
Laurel Drive, Wakeland Manor, Section F and Section F1; 380
feet (0.07 miles from Wakeland Drive to East of centerline of
Brandylion Drive) as described in Deed Book 638, Page 674 (F)
and Deed Book 641, Page 401 (F1), respectively.
Craig Drive, Wakeland Manor, Section F and F1; 383 feet
(0.07 miles from Wakeland Drive to centerline of Brandylion
Drive) as described in Deed Book 638, Page 674 (Section F and
Deed Book 641, Page 401 (Section F1), respectively.
Brandylion Drive, Wakeland Manor, Section F1; 1,291 feet
(0.24 miles from Laurel Drive to 50 feet East of the intersec-
tion of Tyler Court) as described in Deed Book 641, Page 401.
AND FURTHER BE IT RESOLVED, that the Board does guaran-
tee the Commonwealth of Virginia an unrestricted right -of -way of
50 feet as described in the above deed book and referenced page
numbers with necessary easements for cuts, fills and drainage.
Upon motion made by Charles W. Orndoff, Sr., seconded by L.
A. Putnam and passed unanimously, the following road resolution
on Glendobbin Hills was approved:
BE IT RESOLVED, that the Virginia Department of
Transportation is hereby requested to add the following road to
the Secondary System of Frederick County pursuant to Section
33.1 -229 of the Code of Virginia, 1950, as amended:
Glendobbin Road, Glendobbin Hills, Section III; 1,475 feet
(.28 miles) from Route 673, to the dead -end, as described in
Deed Book 639, Page 176, dated January 30, 1987.
AND FURTHER BE IT RESOLVED, that the Board does
guarantee the Commonwealth of Virginia an unrestricted
right -of -way of 50 feet as described in the above deed book and
referenced page numbers with necessary easements for cuts, fills
and drainage.
COMMITTEE REPORTS
FIRE AND RESCUE COMMITTEE REPORT
Mr. Steve Owen, Assistant County Administrator, presented
the following report:
The Fire and Rescue Committee met on Monday, June 20, 1988
at 7:30 P.M., in the Round Hill Volunteer Fire Company facility.
All companies were represented except Company 17. Also present
were Stephen F. Owen, Assistant County Administrator; Homer H.
Sanders, Emergency Services Coordinator; and Douglas A. Kiracof
of the Building Inspections Department.
The following items were discussed:
Items Requiring Action
Burning Hours Amendment to County Code - Approved
Two thirds of the companies represented reported that thei
individual companies had voted to recommend that the Board of
Supervisors amend Section 1 -1 -1 of Chapter 10 of the County Cod
with regard to open burning hours during the period of May 16 t
the last day of February each year. The recommended amendment
is attached.
Upon motion made by Roger L. Crosen, seconded by L. A.
Putnam and passed unanimously, the above was approved.
This will need to be advertised for public hearing.
Items Not Requiring Action
Emergency Services Coordinator's Report
Homer Sanders reported that he had recently: taken a
Hazardous Material Level I course as a refresher, worked a tar
truck spill at Gore, attended a meeting with City and Red Cross
personnel to assess disaster shelter facilities, attended a
Damage Assessment seminar, held two paid personnel subcommittee
meetings to discuss daily duties, participated in a critique at
Company 18 of their handling of a fertilizer truck spill, toured
Snow Hill, Maryland's E911 facility, and drafted a personnel
decontamination policy in conjunction with Winchester Medical
Center.
Incident Guide
Final copies of the Incident Guide prepared by Mr. Sanders
were distributed to each company.
CALLS (E911) System
Steve Owen and Homer Sanders reported on recent discussions
with C &P regarding implementing the CALLS (E911) system.
583
Fire Code and Plan Review
Steve Owen advised that hydrant placement is determined by
County Code and amending the Code is recommended if the com-
panies are unsatisfied. He also advised that the Planning
Department will be sending fire companies copies of final plans
to resolve the lack of feedback problem on plan reviews. The
Fire Code was then put on the floor for discussion but no
comments were offered.
New Fire Companies - Recommendations
The Committee voted unanimously to go on record with formal
recommendations to the Board of Supervisors when new volunteer
fire companies are proposed.
PERSONNEL COMMITTEE REPORT
Mr. Putnam, Chairman of the Personnel Committee, presented
the following report:
The Personnel Committee met on Tuesday, June 21, 1988, with
the following members present: Steve Putnam, Roger Crosen,
Clarence Hunter, John Riley and Ann Kelican. James Longerbeam
was absent. The Committee submits the following report and
recommendations to the Board of Supervisors for consideration:
Merit Evaluation System - Denied
After review by the Personnel Committee and a poll of
County employees, the Committee recommends that the merit system
be amended, effective July 1, 1988, to re- establish six month
merit evaluations.
Mr. Stiles expressed his views on why he is vehemently
opposed to twice a year evaluations.
The Board discussed at length their views on the pros and
cons of twice a year evaluations as opposed to once a year and
what effect twice a year evaluations have on the total dollar
spent on salaries.
Upon motion made by L. A. Putnam and seconded by Dudley H.
Rinker to approve the above recommendation.
The above motion was denied by the following recorded vote:
Aye - L. A. Putnam. Nay - Kenneth Y. Stiles, Robert M. Rhodes,
Dudley H. Rinker, Roger L. Crosen and Charles W. Orndoff, Sr.
584
Additional Position in Sheriff's Department - Approved
The Committee recommends approval of an additional positi
in the Frederick County Sheriff's Department (Salary and Fringe
$22,101), effective June 1, 1988, with the stipulation that saic
position be funded from the Sheriff's current budget.
Upon motion made by L. A. Putnam, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
Commonwealth's Attorney Request for Position Upgrade -
ReTerred to Personnel Committee
The Commonwealth's Attorney has requested a position up-
grade of the Clerk Typist III position (Range 8/$12,618 - $17,767)
to a Secretary II position (Range 9/$13,253 - $18,665). This
request was received after the Personnel Committee meeting and
is being forwarded to the Board of Supervisors without Commit
recommendation.
This was referred to the Personnel Committee.
OUTDOOR FESTIVAL PERMIT REQUEST OF GREGORY CROUSE TO BE
HEARD AT BOARD MEETING ON JULY 13,
Mr. Riley explained to the Board that due to the way the
County Code read this could not be heard at tonight's meeting
but that it will be heard at the Board meeting on July 13, 1988.!
He noted that time would not allow it to be heard as a public
hearing item but that a Public Notice would be in the local
newspaper in order that the public would be made aware of it
being presented at the meeting on the 13th.
Mr. Crosen expressed to the Board that he did have a few
residents complain to him about the previous party.
Mr. Stiles stated that he had attended the previous party
with the Sheriff and during the time they were there, in his
opinion, he felt everything was handled very well.
FFA AWARD PRESENTED TO THE COUNTY
Mr. Crosen announced that he had attended the State FFA
Convention in Blacksburg this week and he would like to present
an award to the County for being a "Gold Sponsor" for 1988 from
the FFA Foundation, Inc.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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Chairman, Boa of Supervisors Cl rk, oard o upery sors