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HomeMy WebLinkAboutMarch 27, 1985 Regular Meeting55 A Regular Meeting of the Frederick County Board of ,Supervisors was held on March 27, 1985, at 7:15 P.M., in the Board of Supervisor's Meeting Room, 9 Court Square, Winchester, VA 22601. PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice - Chairman; Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William Orndoff, Jr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Blake Bowers of the Christian Fellowship Church. ADOPTION OF AGENDA Mr. Riley stated that the Budget Public Hearing was inadvertently left off the Board's Agenda sheet but that it had been duly advertised for tonight's meeting. Mr. Stiles stated that an Executive Session would be held at the end of the meeting to discuss Legal and possibly Personnel matters, and there is correspondence dealing with the IMT Court case to be placed under "Old Business ". Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the Agenda was adopted as amended. APPROVAL OF MINUTES Mr. Orndoff noted that on Page 11 of the February 13 meeting, the last paragraph should read, "William Orndoff abstained ", instead of "Thomas B. Throckmorton". It was noted that Page 1 of the February 19 meeting under School Board staff should read, "Robert Cleaver ". Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the minutes of the Regular Meeting of February 13, 1985 were approved as amended. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the minutes of the Special Meeting of February 19, 1985 were approved as amended. Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff, Jr. and passed unanimously, the minutes of the Regular Meeting of February 27, 1985 were approved. 56' JAMES GOLLADAY, JR. REAPPOINTED TO THE PLANNING COMMISSION FROM OPEQUON DISTRICT - APPROVED Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, James Golladay, Jr. was reappointed to the Planning Commission from Opequon District, said term to commence on April 7, 1985 and terminate on April 7, 1989. BOARD ENDORSES PRIVATE INDUSTRY COUNCIL TITLE IIA PLAN Mr. Ben Vorhies, Executive Director of the Shenandoah Valley Private Industry Council, appeared before the Board to answer any questions they might have. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the Private Industry Council Title IIA Plan was approved as presented. PUBLIC HEARING - 1985 -1986 BUDGET Mr. Stiles stated that the 1985 -86 Budget for $36,434.692 was being presented for Public Hearing tonight and the Board would open the floor for any comments at this time. There was no public comment. Mr. Stiles noted that the Board would be voting on this Budget at their Regular Meeting on April 10, 1985. The Board will vote on the total Budget for $36,434,692 with Real Estate being set at 58 cents, Personal Property at $4.35, Machinery and Tools at $4.35 and Merchants Capital at $4.00. PLANNING COMMISSION BUSINESS PUBLIC HEARING CUP #003 -85 - ZULFIQAR AHMED - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request stating that the Planning Commission unanimously recommended approval with conditions. Mr. Ahmed appeared before the Board to answer any questions the Board might have. There was no opposition to this request. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the conditional use permit number 003 -85 of Zulfiqar Ahmed, 8371 Brockham Drive, Alexandria, Virginia for an Outdoor Recreation Facility /Miniature Golf Course on Route 11 South was approved. This property is identified on Tax Map 75 as Parcel Number 2 in the Back Creek Magisterial District. OTHER PLANNING ITEMS 5' SUBDIVISION REQUEST - GLENMONT VILLAGE - APPROVED Mr. Horne presented this request stating that the Planning Commission unanimously recommended approval, as submitted, with no additional fire hydrants. Mr. Ron Ward, one of the Owners, appeared before the Board to answer any questions the Board might have. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the Subdivision request, Glenmont Village, was approved. ROAD RESOLUTION - ROUTE 654 - APPROVED Mr. Horne presented the following road resolution: WHEREAS, Secondary Route 654 from Route 522 to 500 feet North of Route 677, a distance of 1.93 miles, has been altered and new road has been constructed which new road serves the same citizens as the road so altered. NOW, THEREFORE, BE IT RESOLVED, That Secondary Route being the same, is abandoned as a public road shown as Sections #1 and #5 and as project 0654 - 034 -164, C501, C502 on the attached sketch dated January 31, 1985 and shaded in blue of the aforementioned sketch. A total distance of 0.54 miles being the same, hereby, is abandoned as a public road pertinent to Section 33.1 -155 of the 1950 Code of Virginia, as amended. AND BE IT FURTHER RESOLVED, The section shaded in red on the attached sketch be officially added to the Secondary System of the Secondary Highway, i.e., Section #2 of project 0654 - 034 -164, C501, C502 on the attached sketch dated January 31, 1985, a total distance of 0.64 miles pertinent to Section 33.1 -229 of the Code of Virginia of 1950, as amended. AND FURTHER, That the section of new connection, Section #3 shown in brown of the aforementioned sketch, a total distance of 0.01 miles, to be added to the Secondary System of the State Highway pertinent to Section 33.1 -229 of the Code of Virginia of 1950, as amended. AND FURTHER, That the Section of old location of Secondary Route 654 shown in orange and Section 44 on the aforementioned sketch, a total distance of 0.10 miles, will remain in the Secondary System of the State Highway and be renumbered in accordance with the policy set forth by the State Highway Commission. Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff, Jr. and passed unanimously, the above road resolution was approved. TRANSPORTATION COMMITTEE REPORT Mr. Steve Gyurisin presented the following report: The Frederick County Transportation Committee met on March 7, 1985 to discuss a number of related items and have forwarded the following recommen- dations to the Planning Commission and Board of Supervisors. Present at the meeting were Don Taylor, Chairman; Malcolm Brumback; James Racey; Elmer Lauck; Mr. Jacques E. Billmyer; William H. Bushman, Virginia Department of Highways and Transportation Advisory; Jeffrey Kessler, Virginia Department of Highways and Transportation Advisory; Jerry Cobb, Virginia Department of W Highways and Transportation Advisory; John T. P. Horne, Advisory and Stephen M. Gyurisin, Advisory. Primary Road Plan Recommendations The Committee unanimously recommended that the following projects be placed on the Virginia Department of Highways and Transportation Six Year Road Improvement Program for interstate, primary and urban systems for Frederick County. A preallocation hearing is scheduled in Stanton for April 11, 1985 at 10:00 A.M. The following recommended projects are listed in order of priority with the first being the highest priority project. The Committee recommends that this list of projects be reviewed and recommended to the Board of Supervisors and presented at the Highway Department's pre - allocation hearing. A. Continuation of the Route 522 North project to four -lane the remaining section of this road from Cross Junction to the West Virginia line. Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, for this to be the top priority request of the County for the Highway projects. B. Begin implementation of the County's Transportation Section of the Comprehensive Plan by studying key intersections as outlined in that plan. The priorities should be placed on the 1 -81, 37 and Route 11 North inter- section and the 1 -81 and 50 East intersection. C. Widening, strengthening and improving Route 11 North and South from the Winchester City line to Route 37 with priority being placed on improve- ment of railroad crossings. Route 11 South should be considered within the first phase of these improvements. D. The reestablishment of a previous primary project, Route 522 South, four - laning of this road from Route 50 East to approximately Route 277. Upon motion made by C. William Orndoff, Jr., seconded by Rhoda W. Maddox and passed unanimously, items B, C and D were approved. The Committee discussed the following items: 1. Problems and suggested improvements for the intersection of Route 37, 1 -81, 11 North and 661. 2. Recommended placement of a sign to warn drivers of turning vehicles at the intersection of Caroline Avenue and Route 647. 3. Discuss the road closing status of Route 664 ford. 59 4. Reviewed the Highway Department's proposals for improvements to the Stine Industrial Park entrance at the intersection of Route 11 North. The Committee set a public meeting date of March 25, 1985 at 7:00 P.M. in the Board of Supervisor's Meeting Room to hear public comments on the update of projects that are listed on the County's Six Year Secondary Road Improvement Plan. At this time, projects can be moved or rearranged in order of priority. The Committee will forward a recommendation for this plan to the Planning Commission and Board of Supervisors following the March 25 meeting. At their meeting of March 20, 1985, the Planning Commission unanimously approved the Transportation Committee's Primary Road Plan Recommendations. REVISED COST FOR SEWER EXTENSION HOSPITAL PROJECT - APPROVED MERRIMANS LANE - Mr. Stiles explained how this overrun happened and stated that he was satisfied that it is a legitimate bill but that he was not happy with the way it was handled. Upon motion made by Will L. Owings and seconded by Robert M. Rhodes, to pay the amount billed to the County of $14,091.65 for the sewer extension cost of running sewer lines to Merrimans Lane for the hospital project. The above was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and Thomas B. Throckmorton. Nay - C. William Orndoff, Jr. CIRCUIT COURT ORDER - IMT PROPERTIES - DISCUSSED Mr. Stiles stated that an Order had been entered by the Circuit Court of Frederick County that Frederick County pay IMT Properties, Inc. the sum of $100,798.16. This amount is to pay the difference of the taxes paid on assessed values in 1978, 1979 and 1980 and taxes paid on the reassessed values in 1981. Mr. Throckmorton stated that it was his understanding that there could be additional suits and the County might have to pay more money concerning this matter, depending upon the findings of the Court. Mr. Ambrogi stated that was correct. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, to pay $100,798.16 to IMT Properties, Inc. as ordered by the Circuit Court of Frederick County. FIRE AND RESCUE COMMITTEE REPORT FFCM LO-11A Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented the following report stating that it was for the Board's information and no action was necessary: The Fire and Rescue Committee met on March 18, 1985, at 7:30 P.M., in the Round Hill Fire Company facility. All Fire Companies were represented. Also present were Robbie Rhodes (Back Creek), Bill Orndoff, (Stonewall) and Bob Harriman. I. Items Requiring Board Action None. II. Items Not Requiring Board Action A. The Committee recommended unanimously to ask the County to adopt an Ordinance to recognize the volunteer Fire Companies and Rescue Squad in accordance with Section 15. -1 -136.2 of the Code of Virginia of 1950, as amended. After investigating, it was determined that this provision is included in the County Code (attached). It is recommended that the Board authorize the County Administrator to issue a letter to each Company in order to meet the requirements of lending institutions (attached). B. Numerous items were discussed and the Committee was advised of their present status. C. The next meeting will be held April 15th, 7:30 P.M., at the Round Hill (Co. 15) facility. DEPARTMENTAL ANNUAL 1985 -1986 WORK PROGRAMS Mr. Stiles requested that the Board Members review the Departmental Work Programs in their Agenda and they will be voted on at the Board Meeting on April 10, 1985. 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) and (6) to discuss Personnel and Legal matters. Mr. Stiles stated that the Finance Director, Barbara Ratcliff; Charles Stansfield, Assistant Commonwealth's Attorney and Randy Jones of Robinson, Farmer and Cox Associates may be called into Executive Session. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff, Jr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION 61 Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff, Jr. and passed unanimously, the Board reconvened into Regular Session. BOARD TAKES POSITION IN RELATION TO THE DIVISION OF COURT SERVICES Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, that the Board of Supervisors request the Administrative Board of the Division of Court Services to authorize the State Police to investigate the Division of Court Services. Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff, Jr. and passed unanimously, Frederick County will notify Court Services Administration that they plan to withdraw from the Administrative Board by June 30, 1985. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, Frederick County will offer the services of the County pursuant to a Management Contract for the last quarter in fiscal year 1984 -85. John Riley and Barbara Ratcliff will review and approve necessary paper work on behalf of the County. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the Board intends to operate Court Services as a County Department effective July 1, 1985. Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throck- motton and passed unanimously, the Board authorized an appropriation of up to $50,000 on a loan to be transferred by the County Administrator to the Division of Court Services upon execution of the Management Contract to meet existing operating expenses. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT AS ORDERE ,p THAT HE BOARD OF SUPER VI S ADJOURN. r a man, Board f 8 C k, Board of Su visors