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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 576 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. r e'7 ' 85 Chairman, Boa of Supervisors Cl rk, oard o upery sors