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March 11, 1987 Regular Meeting13MI A Regular Meeting of the Frederick County Board of Supervisors was held on March 11, 1987, 7 :15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mali, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice- Chairman; Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William Orndoff, Jr. Mr. Stiles was a few minutes late in arriving. CALL TO ORDER Mr. Owings, Vice - 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 stated that he had received a letter from Dr. Walker regard- ing the Budget that he would like to bring to the Board's attention. Mr. Owings stated that he had an item under "County Officials ". Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the Agenda was adopted as amended. UPDATE ON GYPSY MOTH MEETINGS Mrs. Jennifer Bean, Gypsy Moth Coordinator, appeared before the Board to bring them up to date on what was planned during the next few months with regard to spraying in the County for the Gypsy Moth. She stated that a total of 16,388 acres in Back Creek, Shawnee and Gainesboro Districts would be sprayed and that 6,000 letters had been mailed to these property owners telling them about the proposed spraying. She further stated that this spraying was scheduled for the second week in May. Mrs. Maddox stated that she would like to thank Mrs. Bean for all her efforts on behalf of this project. REQUEST FROM FREDERICK - WINCHE SERVICE AUTHORITY FOR Mr. Riley presented this request and stated that this Subcommittee of the Board and City Council Members would review the Intermunicipal Agree- ment and the Concurrent Resolution, at which time Mr. Stiles appointed him- self, Mr. Throckmorton and Mr. Riley to serve on this Subcommittee. MR. WILL OWINGS ANNOUNCED THAT HE WILL NOT BE A CANDIDATE Mr. Owings stated that it had been a pleasure to represent the citi- zens of Frederick County for the past twelve (12) years. He further stated that a lot had happened during these twelve (12) years but that he would 161 not be a candidate for reelection in November. He touched on the highlights of these twelve (12) years while noting that there would always be projects to be completed but felt now was the time for him to give someone else a chance to represent the people of Opequon District. He stated that he would still be around to do whatever he could to help the citizens of the County. Mr. Stiles stated that he felt that he was speaking for all the Board Members when he says that Mr. Owings will be greatly missed. He further stated that Mr. Owings was serving on the Board when he was elected and that he will always remember Mr. Owings' friendship and his willingness to help whenever he was called upon. PLANNING COMMISSION BUSINESS SUBDIVISION REQUEST OF C. DOUGLAS AND FERN L. ADAMS - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval for this one (1) lot zoned M -1 (industrial Limited) located in the Shawnee Magisterial District. No one appeared in opposition to this request. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the subdivision request of C. Douglas and Fern L. Adams was approved. PUBLIC HEARING REZONING APPLICATION #001 -87 OF CRAIG D. AND SERI K. KERN - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Planning Com- mission recommended approval. Mr. and Mrs. Kern appeared before the Board at this time on behalf of their request. Mr. David McFarland, adjoining property owner, appeared before the Board to oppose this request and stated that when the conditional use per- mit was approved a few years ago for the Kerns to operate a kennel, it was stated at that time that trees would be planted as a screening and this was never done. He further stated that there was a problem with the dogs bark- ing during the night and that this had gone on from the time the kennel was opened. Mr. McFarland stated that he did object to the used car lot and sales as he was the adjoining property owner and did not wish to have this type of business adjoining him. 162 Mr. Stiles stated that before this type of operation could operate Mr. and Mrs. Kerns would have to submit a site plan for the Board's approval. Mr. McFarland requested that he be notified when this site plan was presented to the Board. Mr. Mike McCabe, resident living next door, appeared before the Board to oppose this request and stated that this type of business would depreci- ate his property. He further stated that his Uncle, Frank Tavenner, was also opposed to this request but he was unable to attend this meeting. Mr. Kern appeared before the Board and stated that a six (6) foot stockade fence had been erected around the kennel and as far as the dogs barking after the kennels opened, any dog that barked anywhere in the area, some of the neighbors felt it was a dog being housed in their kennel. Upon motion made by Rhoda W. Maddox, seconded by Thomas'B. Throck- morton and passed unanimously, rezoning application number 001 -87 of Craig D. and Seri K. Kern, P. O. Box 3196, Winchester, Virginia to rezone 5.0 acres from A -2 (Agricultural General) to B -3 (Industrial Transition) was approved. This property is located between Route 522 North and Route 679 at Albin, next parcel North of the Frederick County School Bus Maintenance Shop and Identified as Parcel 176 B & C on Tax Map 42 in the Gainesboro Magisterial District. ICATION #004 -87 OF KIM HENRY - STONEWALL It was noted that the rezoning application request of Kim Henry was tabled by the Planning Commission. ICATION #005 -87 OF SHEN -V The rezoning application request of Shen - Valley Lime Corporation and James Bowman was withdrawn. APPLICATION #007 -87 OF THOMAS C. BAKER - SHAWNEE Mr. Watkins presented this request and stated that the Planning Com- mission recommended approval. Mr. Baker appeared before the Board on behalf of his request. No one appeared in opposition to this request. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, rezoning application number 007 -87 of Thomas C. Baker, P. O. Box 3243, Winchester, Virginia, to rezone 4.31 acres from B -2 (Business General) to B -3 (industrial Transition) was approved. 163 This property is Lot 1, Windy Hill Subdivision, 676 Windy Hill Drive, located off of Route 522 South and identified as Parcel 4F on Tax Map 64 in the Shawnee Magisterial District. ATION #008 -87 OF Mr. Watkins presented this request and stated that the Planning Com- mission recommended approval. Mr. McCormack appeared before the Board and stated that he planned to build a home on this site. No one appeared in opposition to this request. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, rezoning application number 008 -87 of Leonard J. and Dorothy A. McCormack, c/o Benjamin M. Butler, 11 South Cameron Street, Winchester, Virginia, to rezone 5.0 acres from M -1 (Light Industrial) to A -2 (Agricultural General) was approved. This property is located on Route 11 North approximately 2 miles North of Clearbrook, Virginia and identified as Parcel 0101B on Tax Map 33 in the Stonewall Magisterial District. NDITIONAL USE PERMIT #003 -87 OF MILFORD S. AND BETHEL L. Mr. Watkins presented this request and stated that the Planning Com- mission recommended denial. Mr. Mathison appeared before the Board on behalf of this request and stated that the neighbors next door had no problem with this request there- fore he could not understand why the citizens down the road would have any complaints. Mrs. Richard Nicholson appeared before the Board to oppose this re- quest and stated that there had been a terrible mess of junk at this loca- tion for some time but as of this past Saturday everything had been cleaned up. She further stated that the building in question was a nice building but she was very opposed to having all this junk so close to her residence, that she had to look at it everyday. Mrs. Ralph Beaver, area resident of thirty seven (37) years, appeared before the Board to oppose this request and stated that she did not feel the neighborhood needed another garage. Mrs. Jacob Moreland, area resident adjoining this property, appeared before the Board to oppose this request and stated that it was nothing but 164 a junk area. She had pictures which she shared with the Board to show just how bad the area in question was. Mr. Jacob Moreland appeared before the Board and stated that he had no objection to someone , having a business but felt that no one should be allowed to keep all this junk, especially in a residential area. Mr. Mathison appeared before the Board in rebuttal of some of the remarks made by area residents. Mrs. Maddox asked for the definition of a cottage occupation. Mr. Watkins read this as it is stated in the County Code. Mrs. Maddox stated that this definition does not coincide with this request. Mr. Stiles asked about these two parcels in question being put to- gether. He stated that he felt the Board could provide better protection for the neighbors by approving this and setting certain conditions which could be monitored. Mrs. Moreland stated that this was zoned agricultural, how could commercial be allowed. Mr. Stiles replied that some commercial is allowed in agricultural zoning. Mr. Throckmorton asked if it were possible to table this until a meet- ing could be arranged with the neighbors to discuss these conditions. Mr. Stiles stated that the Board could wait on their decision until this property is made into one parcel. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, conditional use permit number 003 -87 of Milford S. and Bethel L. Mathison, Route 1, Box 178, Winchester, Virginia, for a cottage occupation /plaza sweepers was tabled until a plat is made available showing these two (2) plats as one (1). This property is located on Route 645, 2nd structure on South side of Route 645, East of Route 522 South intersection and identified as Parcel 70 on Tax Map 64 B in the Shawnee Magisterial District. USE PERMIT WRAY D. AND DAR Mr. Watkins presented this request and stated that the Planning Com- mission recommended approval with conditions. Mrs. Kimmel appeared before the Board on behalf of this request. No one appeared in opposition. 165 Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, conditional use permit number 004 -87 of Wray D. and Darlene T. Kimmel, HC 1, Box 255, Cross Junction, Virginia for a boarding kennel was approved. This property is located on Route 522 North, approxi- mately 14 miles of Winchester City limits and identified as Parcel 44 -B on Tax Map 11 in the Gainesboro Magisterial District. DITIONAL USE PERMIT #005 -87 OF DENNY DERFLINGER - VESBORO MAGISTERIAL DISTRICT - TABLED It was noted that the conditional use permit request of Denny Derflinger was tabled by the Planning Commission. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on March 4, 1987, at 11:00 A.M., in the Conference Room in the County Administrator's Office. Present were Bill Orndoff, Will Owings, Wayne Miller and John Riley. Keith Tubandt was absent. The following items were discussed: Engineering Proposals The Committee reviewed engineering proposals for Landfill development from L. E. Joyce and Foundation Engineering. A recommendation and request for transfer of funds from unretained earnings will be forthcoming at the Board meeting. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, Foundation Engineering was awarded the con- tract in the amount of eighty nine thousand dollars ($89,000) and the County Administrator is to execute the contract. Third Party R.F.P. Proposals The Committee discussed the option of retaining a third party inspec- tion service to conduct electrical and other building and plumbing inspec- tions (attached). It was felt that retaining a third party to conduct inspections for the County per a written contract may help alleviate delays in inspections during peak seasons of construction. It is recommended that the Committee advertise for request for proposals and that a contract be negotiated for a one year period. Request for appropriation to fund a pro- fessional services line item will be forthcoming. 166 Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the above recommendation was approved. Design Review Specialist Position The Committee discussed the attached request from the Deputy Director of Planning and recommends that the position be filled with an Inspector If position. (Design Review Specialist: $16,104 - 22,768; Inspector Il: $19,589 - 27,562; position currently funded $19,011) Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Clerk Typist III The Committee discussed the position of Clerk Typist III. for the Permit Center and recommends approval per Personnel Committee report. This is to be voted on under the Personnel Committee Report. Maintenance Code Adoption Mr. Norman Crump with the Department of Housing and Community Develop- ment discussed with the Committee provisions of the new Building Mainten- ance Code. The State adopted Code allows localities to adopt an ordinance to enforce the Code. The Code does not require a precode building to be brought up to current Code standards. It does provide for enforcement on a written complaint basis only those items that affect health, safety, and welfare issues. It appears it would address many fire code related items along with serious structural defects in existing buildings. In conclu- sion, the Committee recommends that the attached ordinance be advertised for public hearing. It was the consensus of the Board to table the above item. Items Not Requiring Action The Committee reviewed the following: 1. BFI requst to operate the Landfill. 2. Approved a charge account for Cornwell Electrical Company. 3. Received information on dog facts and landfill operation. 4. Permit review process. CODE AND ORDINANCE COMMITTEE REPORT Mr. Throckmorton, Chairman of the Code and Ordinance Committee, presented the following report: The Code and Ordinance Committee met on Monday, March 2, 1987, 8 :30 A.M., Conference Room in the County Administrator's Office. Present were Thomas B. Throckmorton, Chairman of the Committee; C. William Orndoff, '7 6 Jr.; Stephen G. Butler and John R. Riley, Jr., County Administrator. Mrs. Robin H. Eddy was absent. The Committee submits the following: Discussion of Real Estate Tax Relief for the Elderly and Handicapped be included in the existing tax relief for the elderly ordinance. It is further recommended that The Committee reviewed the attached information and recommends that provisions for tax relief for the handicapped be included in the existing tax relief for the elderly ordinance. It is further recommended that limits be amended to sixteen thousand (16,000) and four thousand (4,000) respectively. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Mr. Riley is to check into having certain information put on the tax tickets. Discussion of Fire Alarm Ordinance The Committee reviewed and discussed the attached and forwards same to the Law Enforcement and Courts Committee with no recommendation. There was no action taken. Discussion of Shawneeland Road Ordinance The Committee reviewed the attached and recommends advertisement for public hearing. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. INFORMATION SERVICES COMMITTEE REPORT Mrs. Maddox, Chairman of the Information Services Committee, presented the following report: The Information Services Committee met on Thursday, March 5, 1987, at 11:00 A.M. Present were Robert M. Rhodes; Rhoda W. Maddox; John R. Riley; Charles B. Tyson; William O. Bauserman and James L. Beukema. The Committee submits the following: Request from Farmers and Merchants National Bank and Moun Vernon Realty to Supply Them with Real Estate Data The Committee maintained its position not to furnish this data thru Data Processing. Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. ROAD NAMING COMMITTEE REPORT 168 Mr. Steve Gyurisin, Deputy Director of Planning and Development, pre- sented the following report: The Frederick County Road Naming Committee has been meeting on a monthly basis for the past few months. The Committee has reviewed the County House Numbering Plan; has acted on a specific request to name Route 522 South to the "Patsy Cline Memorial Highway "; and has begun the arduous task of naming County roads. Status The status of road naming is as follows: 1. All primary roads such as 50, 522, 7, etc. have been named. 2. Some unnamed secondary roads have been tentatively named. 3. All secondary roads outside of subdivisions, such as Frederick - towne, have been identified. The Committee will begin reviewing these road names and making recommendations. 4. A large scale map has been produced showing current State road names. Recommendations The Committee recommends that the Board of Supervisors consider and support the following items to complete the road naming project for the County: 1. That all roads be named, including all non -state roads. 2. That a base map and index system be budgeted for and prepared showing all street and road names. 3. That a pocket -size map be budgeted for and prepared for general distribution to the citizens of the County. 4. That approximately $10,000 be budgeted for initial mapping and printing work. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, this is to be advertised for bid. 5. That street signs be budgeted for through Virginia Department of Highways and Transportation allocations, installed and maintained. 6. That agreements be made with jurisdictions, such as Winchester, Stephens City, and Middletown, to prevent duplication of street and road names. 7. That codes be adopted that assure proper road naming and recorda- tion of roads and streets. M0 r 8. That a system be set up by the staff to assure proper street and road naming and means to keep maps and files up to date. Again, the Committee recommends that the Board of Supervisors support these recommendations. PERSONNEL COMMITTEE REPORT Mr. Throckmorton, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on Tuesday, March 3, 1987, with all members present and submits the following report and recommendations to the Board of Supervisors for consideration: Position Downgrade - Division of Court Services The Committee reviewed the attached request from the Division of Court Services for a position downgrade and recommends approval of same. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Request from County Administrator for Additional Clerical Position The Committee reviewed the attached request from the County Admini- strator for an additional Clerk Typist III position in the Permit Center and recommends approval of same. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Review of Applications for Assistant County Administrator Position The Committee reviewed the applications for the Assistant County Administrator position and requested that interviews be scheduled for the week of March 9th. There was no action taken. Discussion of FY 87 -88 Salary Increases The Committee discussed the proposed FY 1987 -88 salary increases, i.e. $400 accross- the -board COLA for all employees and 3% average merit. The County Administrator requested the Committee to consider retaining the 6% average merit and adjusting the salary scales by 2% for 1987 -88. He advised that this proposal would cost the same as the first proposal, would directly support the merit system, and would help us remain competi- tive in the job market. The Committee recommends approval of the proposal for FY 87 -88 salary increases as presented by the County Administrator. It was the consensus of the Board to table this item. 270 FINANCE COMMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Tuesday, March 3, 1987. All members were present. The following items require Board action: Social Services - Appropriation Request Social Services is requesting a general fund appropriation of $2,300 for the subsidized adoption program. No new local money is needed. Budgeted local money for the current year can be reallocated to satisfy the 200 local match. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Division of Court Services - Appropriation Request Division of Court Services is requesting a supplemental appropriation of $15,000 for food supplies in the work release program. No local fund- ing is required. The $15,000 is to come from work release fees collected above fees budgeted. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request for Reserve From Fund Balance As discussed during the budget worksession, the following funds need to be reserved from Fund Balance during FY 87 for various planned pro- jects. Airport Authority 177 Jail Construction 1 Penny's Renovation 1 The Committee recommends approval. These funds will also be budgeted for FY 88. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. The following items are for information only: I. The Finance Committee has instructed Parks and Recreation to cancel the caving trip program based on concerns our insurance company has expressed. Due to the fact that a maximum of 12 individuals can partici- pate in the program the Finance Committee felt the program wasn't worth the insurance risk it would create. 2. Mr. Ken Wiegand, Manager of the Winchester Regional Airport pre- sented an update on the status of the Airport funding. A total of $677,225 171 is being requested from Frederick County to fund their five year plan. This amount is being reserved from Fund Balance. Attached is a copy of the Airport's 1987 -88 budget and the five year plan that was presented. 3. Attached is a donation request from Charlotte Collins of the Shen- andoah Valley Youth Orchestra. This request will be added to the donation list for FY 89 budget deliberations. 4. Attached is information relating to tax exemptions for the handi- capped. You have seen most of this information previously. The Code and Ordinance Committee is currently working on amendments to the Code to enact this tax exemption. Finance is researching the effect on the exemption matrix if the total combined income for exemption is increased from 3,000 to 4,000 and 12,000 to 16,000. This information will be presented as soon as possible. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT W ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. Chairman, Board Su e r Cle , Board of upery ors