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December 16, 1987 Regular Meeting391 A Regular Meeting of the Frederick County Board of Super- visors was held on December 16, 1987, 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. CALL TO ORDER The Chairman called the meeting to order. INVOCATION In the absence of a scheduled Minister, Reverend Tangeman who was present, delivered the invocation. ADOPTION OF AGENDA Mr. Owings and Mrs. Maddox requested time after "Committee Reports ". Mr. Riley stated that he had a transfer request that needed Board action. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the minutes of the Regular Meeting of October 14, 1987 were approved as submitted. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the Regular Meeting of October 28, 1987 were approved as sub- mitted. SHENANDOAH COLLEGE SCHOLARSHIP COMMITTEE REPORT Mr. Carl Fryling, Chairman of the Shenandoah College Scholarship Committee, appeared before the Board and explained who had served on this Committee and what was included in this final report. Mr. Stiles asked if any Board members had questions at this time. There were none. Mr. Stiles further stated that the Commonwealth's Attorney will be reviewing this report and that a public hearing will be 392 scheduled in February. He thanked each Committee member for their time and effort spent on this Committee. PRESENTATION OF CERTIFICATES Mr. Riley read the Certificates of Appreciation for Board members Will L. Owings, Rhoda W. Maddox and C. William Orndoff, Jr. Mr. Stiles presented these certificates on behalf of the Board and the County and thanked each one for all their many contributions to the County. SUSAN H. HORTON APPOINTED TO THE CHAPTER 10 BOARD Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, Susan H. Horton wa: appointed to the Chapter 10 Board as a representative from Frederick County, said term to commence December 16, 1987 and expire December 31, 1990. SHAWNEELAND SANITARY DISTRICT BUDGET - APPROVED AS AMENDED Mr. Riley presented the Sanitary District budget and st that approximately $140,000 had been received through the Sani- tary District billing. Mr. Rhodes stated that the budget had been reviewed using the $140,000. He further stated that the liability of the road: seemed to be be the major concern of the property owners. Upon motion made by Robert M. Rhodes, seconded by Will L. Owings and passed unanimously, $85,965 is to be earmarked for road maintenance in Shawneeland. Mr. Owings asked if the Advisory Committee was in agreement with these latest figures. Mr. Rhodes replied that he was not sure that they had seen the latest figures. Mr. Stiles stated that this was not a public hearing but he would receive input from anyone wishing to address the Board. There was no public input. Upon motion made by Robert M. Rhodes, seconded by C. William Ornodff, Jr. and passed unanimously, to adopt the budge as amended and appropriate $140,000 as the budget figure. 393 Mr. Rhodes stated that HALOAS needed to be reimbursed for their expenditures. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, for HALOAS to be reimbursed $50,000 for costs incurred on behalf of the Sanitary District. This amount is to be paid back to the County in two and one half years with interest. The interest rate will be set on an annual basis at this time of year for this two and one half year period. The Deed is to be delivered to Mr. Ambrogi. The Board discussed waiving the interest and penalty on the sanitary tax bills and decided this would be waived until December 5, 1988. Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throckmorton and passed unanimously, the Board authorized the Sanitary District to accept any lots that are donated from any residents wishing to donate them to the Sanitary District. RESOLUTION FROM THE ASSOCIATION OF RETARDED CITIZENS - APPROVED Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the following resolution was approved: WHEREAS, The Association for Retarded Citizens of Winchester /Frederick County is aware of the lack of appropriate community based housing for citizens with mental retardation. As a member of the Coalition for the Mentally Disabled, we support the request for a major funding initiation beginning FY 1989; and WHEREAS, in the Winchester City, Frederick County and Clarke County area there are only two licensed residences for adults with mental retardation and the need for additional hous- ing exists; and WHEREAS, studies of cost effectiveness show that it is more economical to serve this group of people in a noninstitu- tionalized setting; and WHEREAS, the State supports the concept of deinstitutionalization to promote a lifestyle of community through civic and church groups, organizations, and family. NOW, THEREFORE, BE IT RESOLVED, that the Association for Retarded Citizens of Winchester /Frederick County urges the Governor and General Assembly to consider funding of services for the mentally disabled among the top priorities for the 1988 -1990 biennium. REQUEST FROM NORTHWESTERN COMMUNITY SERVICES TO RELOCATE OFFICES - APPROVED Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the Northwestern Community Services Board was authorized to transfer their current real estate and relocate their offices. JOINT PUBLIC HEARING WITH THE PLANNING COMMISSION TO CONSIDER THE ORDINANCE AMENDMENT OF CHAPTER 21, ARTICLE V AND CHAPTER 18 OF THE FREDERICK COUNTY CODE The following Planning Commission members were present: Frank Brumback, James W. Golladay, Jr., Carl M. McDonald, George L. Romine, Marjorie H. Copenhaver, Col. A. Lynn Myers (Ret.), Manuel C. DeHaven and S. Blaine Wilson. Mr. Watkins, Planning and Development Director, appeared before the Board and Planning Commission to explain these ordi- nance amendments to Chapter 21, Zoning, which would amend Article V, Residential Performance District and Chapter 18, Sec- tion 3 -7 -8, to require the provision of underground utilities in certain developments. He stated that these amendments are in- tended to provide general improvements to the residential per- formance district regulations. Mr. Watkins further stated that he felt the biggest change is in the ceiling on density as there' currently is none. He pointed out the following changes that were proposed: Garden Apartments - only 10 apartments per acre Buffer and screening would be improved 100 foot buffer with landscaping required Easement to be established and filled with vegetation, 3 plants per linear foot If certain requirements are met, then factor points will be earned. Mr. Watkins discussed the Statement of Intent under Article) V, Residential Performance District, and the amendments to this section. The area of underground utilities was discussed and it was the general consensus that this was a good improvement. Mr. Jim Golladay questioned the open space requirement in subdivisions of certain square footage and whether this needed to be looked into further. 395 Mr. Stiles stated that it is currently 15,000 and the Board and Planning Commission could look at this area again next year. Mr. Golladay replied that that was fine with him. Mr. Ron Ward, local builder and realtor, appeared before the Board and stated that in his discussions with the builders concerning these amendments, he felt that for the most part the builders were in agreement with them. At this time the Board recessed and the Planning Commission discussed these amendements. Mr. Stiles reconvened the meeting at which time he request- ed that Frank Brumback, Chairman, inform the Board of the Planning Commission's recommendations concerning these ordinance amendments. Mr. Brumback asked Mr. Watkins to conduct this part of the meeting. Mr. Watkins presented the following for Board approval: Upon motion made by George Romine, seconded by James Golladay to approve the residential performance amendments with the deletion of language concerning the 15,000 square foot lots in the single family traditional rural housing type and with the addition of the proposed clarifying language. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, to approve the amendments to the Frederick County Code, Chapter 21, Zoning, to amend Article V, Residential Performance District. Text amend- ments are to the following sections: Statement of In tent Section 5 -2 -7, delete "as defined" Section 5 -3 -5 Wetlands Insert "except that" following the word "allowewe — � ff '_. Section 5 -3 -7 Steep Slopes Insert the word "additional" before "small areas ". Section 5 -3 -8 Woodlands Insert the word "additional" before "small areas ". Section 5 -6 -2.1 Minimum Lot Size Delete "15,000 sq. ft. with public sewer and water ". Section 5 -6- 2.2.1, Delete "45' with public sewer and water." Section 5 -6 -2.2.3 Rear Delete "35' with public sewer and water ". 396 Section 5- 6 -2.3, "Minimum lot width ", to insert "maximum" before "depth ratio - 1 to 3 ". Did not add Section 3 -8 "Underground Utilites ". Added the following amendments: 5 -1 -6 It is the intent of this article to allow a mixture of housing types on land within an approved master development plan. Master plans containing more than 50% multi - family housing types are allowed only where they adjoin similar uses or are properly separated from different uses The inclusion of more than 50% multi - family housing types must be stated in the preliminary master development plan and requires specific approval of the Planning Commission and the Board of Supervisors. 5 -1 -8 Streets shall be provided in new developments to continue existing and planned street patterns and in conformance with the County thoroughfare plan, where appropriate. Adverse impacts on existing developments shall be minimized, and where possible, the use of existing streets which serve limited residential areas as through streets for new development shall be avoided. Streets in proposed developments intended to be developed in the future shall be clearly designated and rights -of -way designated to take into account future development, as indicated in the Comprehensive Plan. 5 -8 -1.1 Bonus factors are transferable within a master development plan. The intent to apply for bonus factors shall be stated on the preliminary master development plan, but may be amended at the request of the applicant by the Planning Commission at the time of Final Master Development Plan of Final Subdivision approval. (A copy of the ordinance amendments, as presented to the Board of Supervisors, is on file in the Office of the County Administrator.) Mr. Stiles thanked everyone for the hours of work that had gone into this and stated that he felt it was a major improve- ment. REZONING APPLICATION #036 -87 - RONALD A. AND TENOUCEE FEATHERS - GAINESBORO MAGISTERIAL DISTRICT - DENIED Mr. Watkins presented this request and stated that the Plan ning Commission recommended denial. He stated that a number of letters, as well as a petition, had been submitted opposing this application. Mr. Eugene Gunter, Attorney, appeared before the Board on behalf of Mr. Feathers. He Stated that this lot would be used as a used car lot with a 150 x 150 chainlink fence and a buffer of trees. He further stated that the Highway Department had no 397 problems with this request and there were businesses in the area that were similiar to this type of business. Reverend Conrad Christianson, Pastor of the Bethel Lutheran Church, appeared before the Board to oppose this request on be- half of his congregation and stated that one of their major con- cerns is the water problems that would be caused by the run -off. Mr. Stiles stated that if this is rezoned Mr. Feathers would have to submit a site plan where this would be addressed and that this project could not cause the water run -off to be any worse than it currently is. The following citizens appeared before the Board concerning this request: Ms. Barbara Kidwell, area resident, opposed this request as she felt this is not the area for a business of this type as it is zoned residential. Mr. Donald Kidwell, area resident, opposed this rezoning as he was concerned about water problems. Reverend Cletus Palmer, Pastor of the Faith Revival Center, opposed this request as he felt it would cause traffic problems. Mr. Stiles referred to the map that Mr. Gunter had present- ed to the Board and stated that all of the area that was shown as being zoned business was not business. Mr. Watkins stated that was correct. Upon motion made by Rhoda W. Maddox and seconded by Will L. Owings to deny rezoning request number 036 -87 of Ronald A. and TeNoucee Feathers, Route 1, Box 243 -A, Clearbrook, Virginia, to rezone 2.047 acres from A -2 (Agricultural General) to B -2 (Business General) for an auto sales lot. This property is lo- cated at Route 522 North and Route 789 at Albin, in the Gaines- boro Magisterial District. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Rhoda W. Maddox and C. William Orndoff, Jr. Nay - Robert M. Rhodes and Thomas B. Throckmorton. The Board recessed at this time. AN ORDINANCE TO PROVIDE FOR THE ION OF A PUBLIC NORTHEASTERN BOUNDARY LINE OF LOT 31 IN MERRIMANS ESTATES AND EXTENDING IN A NORTHERLY DIRECTION TO ITS INTERSECTION • WITH AMHERST STREET (WESTSIDE STATION) - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the vacation of a public right -of -way known as Wayland Drive, beginning at the Northeastern boundary line of lot 31 in Merrimans Estates and extending in a Northerly direction to its intersection with Amherst Street was approved with water to be provided from the City of Winchester. CLEARBROOK AND SHERANDO PARKS MASTER PLANS - APPROVED Mr. Robert Fetter, Chairman of the Parks and Recreation Commission, appeared before the Board to introduce the Planners from Resource Planners, Inc. of Richmond, Virginia. The development plans for Clearbrook Park were explained and the Board basically agreed with these plans. Upon motion made by C. William Orndoff, Jr., seconded by Rhoda W. Maddox and passed unanimously, the development plans for this project were approved and this will be done as funds become available. The development plans for Sherando Park were explained. Mrs. Maddox stated that she had been supportive of Parks and Recreation but she felt Sherando Park was too big and these plans were trying to fill it up and that it definitely should not be expanded to the North side of Route 277. Mr. Stiles stated that he basically agreed with Mrs. Maddox and that the land located on the North side of Route 277 could be used as a location for a high school in the near future. Upon motion made by Will L. Owings, and seconded by Robert M. Rhodes, the development plans for this project were approved and this will be done as funds become available. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Thomas B. Throckmorton and C. William Orndoff, Jr. Nay - Rhoda W. Maddox. USE OF SAND FILTERS IN CLEARBROOK AND SHERANDO PARKS - APPROVED IN PART 399 Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the use of sand filters in Clearbrook Park was approved. Mr. Stiles stated that this would not be needed at Sherando Park as Wright's Run would take care of this. PRELIMINARY MASTER DEVELOPMENT PLAN - NEW DOMINION - APPROVED Mr. Watkins presented this request and stated that the Planning Commission recommended approval. Mr. Walter Pugh, owner, appeared before the Board on behalf of this request. Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, the preliminary master development plan of New Dominion was approved. ROAD RESOLUTIONS FOR OPEQUON ESTATES AND THE VILLAGE AT LAKESIDE - APPROVED Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the following 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: Mountain View Drive, Opequon Estates, Section II, 867.83 feet from Riverdale Circle West to the dead end or cul -de -sac as described in Deed Book 349, Page 135, dated October 12, 1976. AND BE IT FURTHER RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 60 feet as described in the above Deed Book and reference page numbers with necessary easements for cuts, fills and drainage. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the following was approved: BE IT RESOLVED, that the Virginia Department of Transportation 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: Butternut Drive, The Village at Lakeside, Section I, 346' (.07 of a mile ) from Aspin Drive (Route 1080) to Hackberry Drive, from .01 mile South of Butternut Drive to Clearwater Court, as described in Deed Book 583, Page 280, Dated October 2, 1984. 400 Hackberry Drive, The Village at Lakeside, Section I, 355' (.07 of a mile) from Butternut Drive to Clearwater Court as described in Deed Book 583, Page 280, Dated October 2, 1984. Hackberry Drive, The Village at Lakeside, Section I, 600' (.11 of a mile) from Clearwater Court to Honeycreek Circle as described in Deed Book 583, Page 280, Dated October 2, 1984. Clearwater Court, The Village at Lakeside, Section I, 485' (.09 of a mile) from Hackberry Drive to dead -end as described in Deed Book 583, Page 280, Dated October 2, 1984. Honeycreek Circle, The Village at Lakeside, Section I, 380' (.07 of a mile) from Hackberry Drive to dead -end as described in Deed Book 583, Page 280, Dated October 2, 1984. Hackberry Drive, The Village at Lakeside, Section I, 315' (.06 of a mile) from Honeycreek Circle to Somerset Drive as described in Deed Book 583, Page 280, Dated October 2, 1984. AND BE IT FURTHER 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 reference page numbers with necessary easements for cuts, fills and drainage. COMMITTEE REPORTS FIRE AND RESCUE COMMITTEE REPORT Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented the following report and stated that it was for information only and no action was necessary: The Fire and Rescue Committee met on Monday, November 16, 1987, at 7:30 P.M., in the Round Hill Volunteer Fire Company facility. All Companies were present. Also in attendance were Board member C. William Orndoff, Jr.; Emergency Services Coordi- nator Homer H. Sanders; and Assistant County Administrator Stephen F. Owen. The following items were discussed, however, none require Board action: Emergency Services Coordinator's Report Homer Sanders reported on the following items: a. Bomb Squad Assistance - is available from Fort Belvoir, the State Police and perhaps Fairfax County; b. Hospital Inspection - the Magnetic Resonance Imaging (MRI) system at the hospital is well equipped for fire protec- tion, but should be approached only with assistance from the technician; C. Forestry Service Heavy Equipment - is available to the Companies through a written agreement; 401- d. School System Disaster Planning - is underway with the assistance of Dr. Walker's office; e. Airport Tour - with Ken Wiegand was taken this period to discuss plane crash response; and f. Incident Guide - is being prepared to aid the Companies in their incident responses. E911 System Perry Silva reported on his trip to Wisconsin with Lynn Miller and C &P Officials to see a CALLS System working in a rural area and noted that it will likely be a very good alterna- tive to E911. Emergency Operations Plan Steve Owen reported that the State has approved the County's EOP. A tentative date of January 25, 1988 was discuss- ed for putting the EOP through a table top exercise. SARA Title III Steve Owen reported on the Federal mandates required of local governments under Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). A list of City and County representatives to the newly formed joint Local Emergency Planning Committee was read. Capon Bridge, West Virginia The Capon Bridge Fire Chief discussed Hampshire County's new fire company numbering system. CODE AND ORDINANCE COMMTTEE REPORT Mr. Throckmorton, Chairman of the Code and Ordinance Committee, presented the following report: The Code and Ordinance Committee met on Tuesday, December 1, 1987, at 8:30 a.m., in the County Administrator's Office. Present were Board members Thomas B. Throckmorton and C. William Orndoff, Jr.; citizen member Stephen G. Butler; County Admini- strator John R. Riley, Jr.; Assistant County Administrator Stephen F. Owen; and County staff members Roy Jennings and Jane Simms. Citizen member Robin H. Eddy was absent. The only item of business was a discussion about the feasi- bility of implementing a supplemental tax billing for new land 402 improvements, pursuant to Section 58.1- 3292 -3293 of the Code of Virginia. The Committee discussed staffing needs and asked that this program be implemented by early February. It was the consensus of the Board that no additional staff be added. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, pre- sented the following report: The Public Works Committee met on Wednesday, December 2, 1987, in the Personnel Conference Room. Present were Board members C. William Orndoff, Jr. and Will L. Owings; Committee members Col. (Ret.) W. Wayne Miller and Keith A. Tubandt; Count Administrator John R. Riley, Jr; and Assistant County Admini- strator Stephen F. Owen. The following items were discussed: Items Requiring Action Landfill Appraisal The Committee reviewed an appraisal letter prepared by Ron Berg of Dominion Appraisers relative to several parcels of land near the landfill. The Committee instructed staff to offer four property owners the appraised value for their parcels of 2.97, 5.88, 3.79 and 18.00 acres and to report back at the December 16th Board meeting on their responses. This matter should be discussed in Executive Session as allowed for land acquisition matters. It was the consensus of the Board to discuss this matter in Executive Session. Sludge Disposal Request The Committee recommends Board approval of a request from the Department of Corrections to accept small amounts of sludge at the landfill from the Camp 7 sewage treatment plant. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the above was approved. Abandon Easement Request The Committee reviewed correspondence from Mr. and Mrs. George M. Holben and the Department of Transportation relative 403 to the Holben's request that an easement on their property near Burnt Factory be abandoned by the Department. The easement is for Route 664, which crosses the Opequon Creek into Clarke County by a ford. The Committee recommends that the Board of Supervisors agree to allow the Department of Transportation to abandon this easement if Clarke County will agree to same. Mr. Riley is to discuss this with the Clarke County Admini- strator. Pagers for County Administrator, Assistant County Administrator, and Emergency Services Coordinator The Committee recommends Board approval of a supplemental appropriation in the amount of $1,250 to the appropriate line item from contingency to purchase three pager units and chargers. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the above was approved. Landfill Project Contract Amendment The Committee recommends Board approval of a contract amend- ment with Foundation Engineering of Virginia and G. W. Clifford and Associates to include a landfill boundary survey and a supplemental appropriation to the appropriate line item from landfill reserve in the amount of $7,000. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the above was approved. Media Representative to Local Emergency Planning Committee The Committee recommends that the Board appoint Charlotte Eller as one of two media representatives on the Local Emergency Planning Committee, as the State has advised that another media representative is required. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the above was approved. Items Not Requiring Action Kennel Bi 404 The one bid received for the construction of a new kennel facility was reviewed by the Committee. Staff was instructed attempt to negotiate a lower scope of work and cost and to rebi the project if necessary. Greenwood Fire Company Compactor The Committee was informed about recent discussions betwee staff and Greenwood Fire Company relative to site preparation for a new compactor. Staff was directed to write Greenwood a letter advising of their concerns. Route 50 West The Committee referred to the Road Naming Committee a re- quest from the Winchester- Frederick County Historical Society rename Route 50 West the "Willa Cather Memorial Highway ". Wheatlands NPDES The Committee briefly discussed a NPDES permit application from the developers of Wheatlands. HVAC System for Old Courthouse The Committee was advised that the coal furnace system in the Old Courthouse has been malfunctioning recently. Staff was advised to investigate the cost of converting to gas. Landfill Monthly Tonnage Report See Attachment 6. Animal Control Monthly Report See Attachment 7. LORD FAIRFAX HEALTH DISTRICT ADVISORY BOARD This was presented for the Board's information. SANITATION AUTHORITY REPORT This was presented for the Board's information. TRANSPORTATION COMMITTEE REPORT Mr. Gyurisin, Deputy Director of Planning and Development, presented the following report: The Frederick County Transportation Committee met on Monday evening, November 30, 1987, and discussed the following items: 1. Industrial Access Request (Route 728) - Winchester working Corporation. 405 2. Recreational Access Request (Sherando Park) - Frederick County Parks and Recreation Department. 3. Road Right -of -Way Vacation Request - Westside Station Development. 4. Route 614 (Back Creek District) Speed Limit. 5. Primary Road Improvement Projects and Future Road Improvement Planning. Transportation Committee Recommendations The Frederick County Transportation Committee recommended approval of the following items: 1. Industrial Access Request for Winchester Woodworking Corporation. WHEREAS, the Transportation Committee for the County of Frederick, Virginia wishes to improve access to the Winchester Woodworking, Inc. site, zoned and planned for industrial uses; and, WHEREAS, said planned facility is operating and is lo- cated in the County of Frederick, Virginia; and, NOW, THEREFORE, BE IT RESOLVED, that the Transportation Committee does hereby recommend to the Board of Supervisors of the County of Frederick, Virginia that they support industrial access funding from the Virginia Department of Transportation to extend the planned industrial access (from Route 728 to the Glaize Truss Manufacturing site) to the rear of the Winchester Woodworking, Inc. site for improved freight traffic access. BE IT FURTHER RESOLVED, that the Transportation Committee recommends that the Frederick County Board of Super- visors guarantee the right -of -way for the proposed improvement for industrial access funds. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the above was approved. 2. Recreation Access Request for Sherando Park - Approval of the attached resolution. WHEREAS, the Frederick County Board of Supervisors wishes to improve access to the planned recreational facilities located in southwestern portion of Sherando Park; and, WHEREAS, said facilities are located in the Opequon Magisterial District in the County of Frederick; and WHEREAS, the proposed access road may be constucted in sections based on the development of the planned recreational facilities located in the southwestern portion of Sherando Park; WHEREAS, the Frederick County Board of Supervisors acknowledges that pursuant to the provisions of Section 33.1 -223, as amended, this road shall be designated a "Virginia Byway" and recommends the State Highway and Transportation Board, in cooperation with the Director of Conservation and 406 Historic Resources, take the appropriate action to implement this designation; WHEREAS, the Frederick County Board of Supervisors agrees, in keeping with the intent of Section 33.1 -63, to use its good office to reasonably protect the aesthetic or cultural value of this road; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request recreational access funds from the Department of Conservation and Historic Resources and the Virginia Department of Transportation for the planned access to the southwestern portion of Sherando Park in phases as facilities are developed and guarantees the right -of- way for said proposed improvements. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the above was approved. 3. Request to Vacate Shenandoah Pools Right -of -Way for the Westside Station Development - Approval of vacation recommended.1 This was acted on earlier in the meeting. 4. Route 614 Speeding Problems - Recommend that VDOT be requested to lower the speed limit to 45 mph and post. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the above was approved. EXCESS AIRPORT AND INDUSTRIAL ACCESS PROJECT - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the request of the Virginia Department of Highways and Transportation to support the necessary financing in excess of the available funding for the Airport and Industrial Access Projects #0645 - 034 -211, C501 and 0645 - 034 -212, C501 was approved. PERSONNEL COMMITTEE REPORT Mr. Throckmorton, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on December 8, 1987, with the following members present: Thomas B. Throckmorton, Will L. Owings, James L. Longerbeam, John R. Riley, Jr., Stephen F. Ower and Ann K. Kelican. Mr. Clarence L. Hunter was absent. The Committee submits the following report and recommendations to the Board of Supervisors for consideration. Attachments are under separate cover. est for Reclassification /Information Services rtment The Committee reviewed the attached request for reclassifi- cation from the Information Services Director and recommends approval of same. Should this request be approved, no addi- tional County funds are required. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above was approved. Request for Clerk Typist I Position in Personnel Office The Committee reviewed the attached request for a Clerk Typist I position in the Personnel Office and recommends approval of same. Funds in the amount of $12,950 ($10,350 salary and $2,600 fringes) would be transferred from operating contingencies to the appropriate line item. Upon motion made by Thomas B. Throckmorton, and seconded by Will L. Owings, to approve the above request. The above motion was passed by the following recorded vote: Aye - Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox, Thomas B. Throckmorton and C. William Orndoff, Jr. Nay - Kenneth Y. Stiles. Review of Department Head Evaluation The Committee reviewed the evaluations of the Director of Planning and Development, the Code Enforcement Director and the Personnel Director and recommends approval as submitted. This is to be done in Executive Session. Letter from Governor's Office Letter from Governor's Office re: additional sanitarian positions for Frederick County. (For information only) FINANCE COMMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: The Finance Committee met on December 1, 1987. All members except for Richard Shickle were present. The following items require Board action: Request from School Finance Director for School O eratin Fund Supplemental Appropriation in the Amoun of 51.234 The School Finance Director is requesting a school operat- ing fund supplemental appropriation in the amount of $51,234 to s fund additional teacher positions. The Committee recommends approval. No local funding is required. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above was approved. est from School Finance Director for Two School atinq Fund Appropriation Transfers in the Amount of The School Finance Director is requesting two school operat ing fund appropriation transfers in the amount of $200.00 and $11,312.00. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above was approved. Fire Program Funds Fire program funds in the amount of $31,419.05 have been received this year. Only $27,000 was anticipated and appropri- ated. The Committee recommends an additional appropriation of $4,419.05 be approved and $3,141.90 be reimbursed to each of the fire companies. No local funds are required. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above was approved. The following is for information only: 1. Attached is a letter from the Airport Authority Executive Director. RHODA W. MADDOX, RETIRING BOARD MEMBER, DELIVERED STATEMENT Mrs. Rhoda W. Maddox, retiring Board Member, read the following statement: As I am sure you are all all aware, it is with very mixed emotions that I leave the Frederick County Board of Supervisors. I would say to each of you, Mr. Chairman, Billy, Tom, Will Robbie, John, and to the others who served on the Board since 1980, I have enjoyed our association and I feel that our basic philosophies have been the same - -to carry out the immediate legislative and budgetary needs that provide for the well being of our constituents and to plan to the best of our abilities fo the long range economic, educational and sociological quality o life for Frederick County. This Board has faced some tough issues. Many votes have been difficult and unpopular to some. I have voted alone or in the minority many times but I stand by my votes and feel they were made in the best interest of Gainesboro District and - Frederick County. It has been an honor and a privilege to represent the residents of Gainesboro District. I have enjoyed their support and encouragement through these years. Gainesboro District has 499 many needs and many interests. Its geography includes rural areas as well as the more urbanized area adjacent to the Winchester City limits. We've had some major highway and secondary road needs. Up to 100 miles of roads in Gainesboro District are unpaved. Some of the residences are on roads so remote that the school system does not offer bus transportation by the student's homes. Many of these road problems are being addressed and remedied. We have seen the improvement to Routes 654, 696 and 671. Route 522 North will soon be a safer road. Other secondary roads are on the 6 year improvement plan. It has been an honor to serve on the major committees of Law Enforcement, Information Services and Code and Engineering. There have been many other challenging committee assignments through the years. I have especially enjoyed those which involve cooperation with Winchester and other jurisdictions in developing regional services- -the Joint Judicial Center, Handley Library, the Wastewater Treatment Plant, the Court Services Advisory Board and the Regional Jail. Having a good working relationship with the Frederick County Government Departments and Constitutional Officers has been the key to successful planning and projects and to communication with constituents. The citizens of Frederick County benefit more than they may ever know by having the expertise, dedication, and committment of the Department Heads and their staff. One of the significant qualities of our Board is that we work by the committee system and we involve citizens on those committees. I take this opportunity to express publicly and on the record my sincere appreciation to all those whom I have asked to serve and have appointed to committees. Their suggestions, counsel, dedication and committment of time have been very important in the work of this Board. I appreciate all their work and thank them very much for serving their County. I would like to take this opportunity to express to you my continued concern regarding several projects and issues that are before the Board both now and from time to time: 1. I'm concerned that the Regional Jail Board is not making the best long range decision for the placement of the jail. Reasons being given are the expenses of transportation but that is furnished by State funds - and lack of utilities but that will have to be addressed probably in the near future. I am truly sorry that the other jurisdictions, particularly Warren County, decided not to participate in the construction of the Regional Jail. I firmly believe that long range planning would indicate a future need for the facility to serve more than Winchester, Frederick and Clarke. Placing the jail in a central location now would alleviate future problems. Also, placing a jail in downtown restricts expansion and self contained work programs and removes a significant area of land from which the city could realize real estate and business taxes. Placing the jail in an existing industrial park flies in the face of our County and State comittment to aggressive economic development. 2. I wish we were not building 2 swimming pools at the same time. I'm not saying that I am against two pools. I honestly do not know if we need two pools, one pool, or no pool. I do know that the study that said we needed two pools counted the same population in the consideration of both locations and discounted the fact that Winchester has two pools. The major disadvantage of constructing two pools at the same time is that they will both begin to wear out and have increased maintenance expenses at the same time. The reason I supported one pool at Clearbrook is that it would probably be less expensive to construct at this time. The utilities needs I mentioned above will have an impact on the cost of construction of the pool at Sherando. As a matter of record, the citizens that I polled in Gainesboro District were evenly split as to whether we needed F one pool or no pool, much less two pools. Many said the exact location if there were to be a pool did not really matter as Route 37 provides approximately the same access to both areas of the County but most did favor Clearbrook. My personal feeling is that we should build a pool that would allow year round utilization. 3. I would ask the new Board to continue our policy of no wholesaleing real estate listings. Although we recognize the listings would be convenient for our local realtors, the potential for misuse of such lists far outweighs the benefits o releasing the information. As we all know, real estate information is available to the public and will continue to be SO. It is when requests come in from individuals in other States for the entire listing of Frederick County real estate holdings that a red flag goes up indicating that the informatio could be used in ways that would not be in the best interest of the residents of Frederick County. Even though the information is available to the public, it discloses personal information concerning the property owner, and I believe it is our duty and obligation to protect our citizens regarding their financial holdings. 4. About the Residential Performance Zoning: I think our Board really felt we were adopting a good document when we approved the Residential Performance Policy. Since that time we have seen the need to modify it and I am glad the Board will be strengthening the plan, even though it has taken a significant amount of time to get to that point. Perhaps I should have been more vocal, even though I have expressed many times my concern that developers serve on the committee designing and recommend- ing residential performance zoning policy. The input of developers is no doubt helpful, but I feel it would have a more parochial influence had the developers been retired developers rather than ones who appear before us to utilize the residential performance zoning. The perception of self interest is often more damaging than an observed conflict of interest. 5. I hope the Board will consider construction of an ampitheatre on the natural slope of the East lawn of James Wood Ridge Campus. Such a facility would provide for a dignified graduation ceremony, concerts, drama productions, and many varied community activities including Apple Blossom Celebrities' performances. 6. I am disappointed that the request did not come in for this December meeting for naming Route 50 West from the West Virginia line to the Winchester City limits in memory of Willa Cather. I feel this would be a very appropriate recognition of an outstanding author whose birthplace and early childhoold home are situated on Route 50 and are recognized only be Landmark Commission plaques. Tourists and residents traveling by way of Route 50 West may not notice the road side markers, but they would see our County and State recognition of Willa Cather by having that portion of highway named the Willa Cather Memorial Highway. I was disappointed to hear that her writings are not better known to area residents -- one of her books was set here in Frederick County. Perhaps the Commission for the 250th Anniversary of Frederick County will be able to stimulate some interest in this author's work. Please continue the forward thinking that has been a bench- mark of this Board. Continue the cooperation with Winchester and nearby jurisdictions on regional projects that will benefit the citizens of the entire area. I would be honored to continue my service to Frederick County in the future and hope that you will call on me to work on various committees or projects. /s/ Rhoda Whitacre Maddox December, 1987 iii WILL L. OWINGS, RETIRING BOARD MEMBER, ADDRESSED THE BOARD Mr. Owings, retiring Board Member from Opequon District, stated that he had served the citizens of Frederick County for twelve years to the best of his ability. He thanked his fellow Board members, the County staff and the citizens of Frederick County. He further stated that he had enjoyed these twelve years and he will miss it and that he will be available to do what he can for Frederick County and the new Board members. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A, (1) to discuss Personnel. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the Board recon- vened into Regular Session. EVALUATIONS OF DEPARTMENT DIRECTORS - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the evaluation of Court Services Director, Joseph Walker; Personnel Director, Ann K. Kelican and Code Enforcmenet Director, Kenneth Coffelt were approved. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, $2,500 is to be reserved for contingency for the County Administrator's Office. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WA ORDERED THAT THE OARD OF SU SORS ADJOURN. h irman, d 70 Supervisors Clerk, Board of Supervisors