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HomeMy WebLinkAboutJanuary 26, 1983 Regular Meeting16 A Regular Meeting of the Frederick County Board of Supervisors was held on January 26, 1983, at 7:00 P.M., in the Board of Supervisor's Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT S. Roger Koontz, Chairman; Will L. Owings, Vice - Chairman; William H. Baker; Rhoda W. Maddox; David L. Smith and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. I NVOCATI ON The invocation was delivered by the Reverend James E. Guthrie of the Burnt Presbyterian Church. ADOPTION OF AGENDA Mr. Stiles asked for time under "New Business" to discuss the formation of Planning Districts Six and Seven as a Service Delivery Area for the Federal Job Training Partnership Act. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, that the agenda be adopted as amended. JAMES GARRETT RECOMMENDED TO CIRCUIT COURT JUDGE FOR APPOINTMENT TO THE BOARD OF ZONING APPEALS - APPROVED Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, that the name of James Garrett be forwarded to Judge Woltz of the Circuit Court for his consideration for appointment to the Board of Zoning Appeals. Mr. Garrett will replace Mr. Christianson. APPOINT ft1EPIT /REAPPOltiTP.1Et4T TO VARIOUS COUNTY COMMITTEES Back Creek District Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does hereby approve the following Committee appointments from Back Creek District for 1983: Animal Care Committee - Dr. Max Mandel Stream Standards Committee - Charles R. Boyd Transportation Safety Commission - Jacques Billmyer Gainesboro District Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does hereby approve the following Committee appointments from Gainesboro District for 1983: Animal Care Committee - Rosemary Wanner Stream Standards Committee - Lee Lizer Transportation Safety Commission - Robert Cather 17 Opequon District Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and (passed unanimously, the Board of Supervisors of the County of Frederick, (Virginia, does hereby approve the following Committee appointments from 10pequon District for 1983: Animal Care Committee - Sandra Brown Stream Standards Committee - Douglas C. Legge Transportation Safety Commission - Neil Stallings Shawnee District Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and (passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does hereby approve the following Committee appointments from I Shawnee District for 1983: Animal Care Committee - Tabled Stream Standards Committee - Ynez Hetland Transportation Safety Commission - Jim Racey Stonewall District Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does hereby approve the following Committee appointments from Stonewall District for 1983: Animal Care Committee - Esther Boyd Stream Standards Committee - Charles E. Boyd Transportation Safety Commission - Tabled Mr. Stiles inquired about the Extension Advisory Committee as well as the Parks and Recreation Commission and requested that the appointments to the Extension Advisory Committee be made by the Board at the next meeting and that the Parks and Recreation By -Laws concerning membership be addressed by the Board. SPOSITION OF SURPLUS PROPERTY DISCUSSED Mr. Stiles stated that the resolution discribes the land as fronting Route 50 and he felt this was not the case. He questioned if this could :reate a problem. It was decided by the Board to wait until the arrival of the Common- wealth's Attorney, Mr. Ambrogi, in order that this might be discussed with him before the Board would vote on this matter. RESOLUTION SUPPORTING THE FORMATION OF PLANNING DISTRICTS SIX AND SEVEN AS A SERVICE DELIVERY AREA FOR THE FEDERAL JOB TRAINING PARTNERSHIP ACT - APPROVED Mr. Koontz stated that this training program would replace the CETA Program. M Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the following resolution was approved: WHEREAS, The Federal Job Training Partnership Act of 1982 authorizes the Governor of each State to designate the Service Delivery Area boundaries in their respective States; and, WHEREAS, The same legislation authorizes the Governor of each State to approve requests from a consortium of local governments with a total population in excess of 200,000 people to be designated as a single Service Delivery Area within the State; and, WHEREAS, The Counties of Augusta, Bath, Clarke, Frederick, Highland, Page, Rockingham, Rockbridge, Shenandoah and Warren; and the Cities of Buena Vista, Harrisonburg, Lexington, Staunton, Waynesboro and Winchester comprise all the jurisdictions of Planning Districts Six and Seven located in the Shenandoah Valley and their combined population exceeds 325,000 people; and, WHEREAS, This area of the Commonwealth shares not only a common geography and heritage, it also shares a predominantly rural charac- teristic, common needs and problems as it relates to economy and jobs, and because the local jurisdictions are contiguous they serve a substantial part of the local labor market area. NOW, THEREFORE BE IT RESOLVED, That the Board of Super- visors for the County of Frederick has passed a resolution to go on record requesting that the Governor designate the consortium of above named local governmental jurisdictions as a Service Delivery Area to be known as Plann- ing Districts Six and Seven under the terms of the Job Training Partnership Act of 1982. BE IT FURTHER RESOLVED, That Frederick County be empowered to request, accept and assume responsibility for funds under the Job Training Partnership Act (PL -97 -300) for all localities designated in the Virginia Planning Districts Six and Seven Service Delivery Area Application. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the County of Frederick, Virginia to be affixed this 26th day of January, 1983, and authorize S. Roger Koontz, Chairman of the Frederick County Board of Supervisors, to enter into a consortium agreement for this area. Signed /s/ S. Roger Koontz Chairman (Name, Title) Frederick County (Jurisdiction) PLANNING COMMISSION BUSINESS ZMAP #009 -82 - GUY J. OATES - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. John Horne presented this request and stated that the Planning Commission had unanimously recommended approval. Mr. John Scully appeared before the Board on behalf of the Petitioner, Mr. Oates. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, that zoning map amendment petition #009 -82 of Guy J. Oates, Route 4, Box 80, Winchester, Virginia, consisting of approximately one acre, now zoned A -2 (Agricultural - General) to be rezoned B -2 (Business- 19 General) be approved. This property is designated as Parcel Plumber 150 on Tax Map Plumber 52 in the Back Creek Magisterial District. CUP #018 -82 - JACOB PUFFENBERGER - GAINESBORO MAGISTERIAL DISTRICT - TABLED Mr. Horne presented this conditional use permit request and stated that the Planning Commission recommended approval with conditions. Mr. Horne further stated that the Staff from the Planning Office had made a mistake when this conditional use permit request was advertised for the Planning Commission meeting as it was advertised for a request for a garage /salvage yard, but this mistake was realized prior to the Planning Commission meeting and the Planning Commission did not consider the salvage yard when this request was discussed at their meeting. Mr. Puffenberger appeared before the Board on behalf of his request. He stated that he had been bringing automobiles to his present residence since 1971, taking what useable parts he could from these vehicles and sell- ing the balance to Zuckerman, Inc. He further stated that he had not been able to get the price this year that he had in the past and therefore had more cars now than he had ever had. He further stated that he hoped the price would get better in order that he might be able to move them. Mr. Puffenberger further stated that at present he has approximately 105 to 110 cars at the site and that this amount varied depending upon the weather. He stated that he usually averaged around 100 cars but during the Summer it usually dropped to about 30 to 40. Mr. James Shumar, Mr. Puffenberger's neighbor, appeared before the Board and stated that he was not appearing before the Board to protest the conditional use permit but to protest an automobile graveyard /junkyard as it is defined in the State and County Code. He further stated that he felt Mr. Puffenberger was a good neighbor but what Mr. Puffenberger has at his loca- tion is a junk graveyard. Mr. Wayne Kerns, P,1r. Puffenberger's neighbor, appeared before the Board and stated that he had some questions that he would like to have answered by the Board and Staff. He further stated that he had proof that the Planning Commission was given false information. fie further stated that the tickets Mr. Puffenberger had presented as his receipts from Zuckerman proved noth- ing, it definitely did not prove that the vehicles came from Mr. Puffen- berger's garage. He stated that he could get these vehicles from anywhere and take them to Zuckerman and get tickets just as if he had brought them 20 from his own property, and further he knew that as far as the written state- ments of proof of business, that 95% of those came from Mr. Puffenberger's relatives and the other 5% from customers. Mr. Kerns further stated that he felt that he had been discriminated against by the County as it cost him approximately $10,000 to get his garage approved by the County before he could have an operating business. Mr. Stiles stated that Mr. Kerns was treated in the manner in which he had stated, but the Staff member responsible for this action was no longer a member of the County Staff. Mr. Stiles further stated that one of the conditions that the Planning Commission had attached to the conditional use permit request was that everything would be pushed back and that the trees that are presently there would be used as a screen. Mr. Kerns stated that the fact that concerns him more than anything is why is Mr. Puffenberger allowed to do this and he was not. Mr. Smith asked Mr. Kerns when he was required to move his automobiles. Mr. Kerns replied 1977 and 1978, and further that he was given 10 days in which to have these vehicles removed from his property. Mr. Horne addressed the meaning of non - conforming use and how it is defined in the County Code and also how it relates to this particular request. Mrs. Maddox stated that it concerned her that the application had appeared in the paper incorrectly and that it did say salvage yard and that this is Mr. Shumar's biggest concern. She stated that her second concern were the receipts. She further stated that the other concern she has is the public garage, the two become so mingled. How many automobiles may sit outside of a garage at one time? The Planning Commission does not address this. Mrs. Maddox stated that she felt before she would be ready to vote on this request, she needed some further questions answered and therefore she would move to table this request until the next Board meeting. Upon motion made by Rhoda W. Maddox, seconded by William H. Baker, that conditional use permit #018 -82 of Jacob Puffenberger, Box 80 -A, Route 696, Whitacre, Virginia, requesting a permit for a public garage for towing service and auto repair be tabled. This property is designated as Parcel Plumber 46 on Tax A1ap Plumber 6 in the Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker and Rhoda W. Maddox. Play - Kenneth Y. Stiles and David L. Smith. 2- Mr. Stiles stated that he would like to suggest that Mr. Kerns meet with the Staff to see if anything could be worked out in his favor. CUP #019 -82 - MICHAEL HOCKMAN - SHAWNEE MAGISTERIAL DISTRICT - WITHDRAWN Mr. Hockman appeared before the Board on behalf of his request. Mr. Smith stated that he had discussed this request with Mr. Hockman and various members of the Planning Commission. Mr. Smith recommended that Mr. Hockman go back to the Planning Commission and seek an amendment to the zoning ordinance to allow rescue transportation as a permitted use in an Agricultural District. Mr. Hockman stated that he would contact the Planning Commission Staff and let them know that he is interested in having the Ordinance amended to add the section that would address his request for a cottage occupation/ - ambulance service. CUP # 020 -82 - JOSEPH C. SMITH - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commis- sion recommended approval with conditions. Mr. Smith appeared before the Board on behalf of his request. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that conditional use permit #020 -82 of Joseph C. Smith, Box 152 B -8, Berryville, Virginia, requesting a permit for an off -site commercial sign approximately 15' x 15' be approved. This property is designated as Parcel Number 51 on Tax Map Number 43 in the Stonewall Magisterial District. DISCUSSION OF PAUL RHI NEHART PROPERTY Mr. Riley read the following memo with reference to the Paul Rhinehart property: TO: John R. Riley, County Administrator FROM: John T. P. Horne, Director SUBJECT: Paul Rhinehart Property DATE: Janury 19, 1983 This memorandum is being written to state this department's recommendation regarding the activities taking place on property owned by Alma B. Rhinehart (Property ID #50000 -A00- 0000 - 0000 - 0058 -0). It is the understanding of this department that the Board of Supervisors has determined that the experi- mental furnace and the existing tires on that property are permitted uses in the A -1 Agricultural Zoning District in the Frederick County Zoning Ordinance. This determination is contingent upon the agreement by Mr. Rhinehart to use the prototype incinerator solely for the processing of agricultural products. If at any time in the future Mr. Rhinehart wishes to use that incincerator or any other equipment on his property for processing 2 of nonagricultural products, that activity will need to take place on property zoned appropriately for that processing activity. The staff would recommend that the Board of Supervisors notify Mr. Rhinehart that he must cease tranpsorting more tires to the above property within 120 days of notification from the Board. If Mr. Rhinehart wishes to store more tires, this must be done on property appropriately zoned for that activity. Mr. Rhinehart does have property which is currently zoned M -2 (Industrial, General) on which the storage of tires are to be used as fuel for manu- facturing is a permitted use. It is also the understanding of this office that Mr. Rhinehart is to agree to comply with any applicable sections of the Virginia Uniform Statewide Building Code during further construction of his processing equipment. The Department of Public Services has contacted the State Office of the Uniform Building Code concerning the isssue of "farm use" under the Code. If Mr. Rhinehart's equipment is classified as "farm use ", the Building Code would have no jurisdiction. The State Office has stated that Section 36 -97 (12) of the Code of Virginia is unclear as to whether Mr. Rhinehart's equipment would fall under the jurisdiction of the Building Code. They have suggested that the Commonwealth's Attorney request an Attorney General's opinion. The staff agrees with this suggestion, if Mr. Ambrogi can not determine from his own reading of the Code whether the Building Code has jurisdiction. If the Board of Supervisors concurs with the content of this memorandum, this office would suggest that the Board include this memorandum in their official record as the official position of the Board of Supervisors on this date. This would tend to clear up any possible confusion in the future as to the position of the Board of Supervisors regarding this matter. When the Building Code issue is resolved, the staff will advise the Board through another official memorandum. If you have any questions, please do not hesitate to contact me. Mr. Rhinehart appeared before the Board and stated that he was not aware that his Counsel was ill until this afternoon, and inasmuch as Counsel was present to represent the other parties involved, he would like to request that his Counsel also be in attendance. Mr. Ambrogi stated if Mr. Rhinehart's Counsel was sick, no one had any control over this, and the same issue would have to be rediscussed at another meeting. The Board discussed the time limits that needed to be observed when this matter would once again be discussed by all of the parties involved at the Board meeting on February 9th. ANIMAL CARE COMMITTEE REPORT Mr. David Smith presented the following report: The Animal Care Committee met January 18th at 7 p.m. and reports the following: A. The need for increased emphasis on the immunization of both cats and dogs against rabies was discussed. B. The Committee has set March 19th from 2 p.m. - 4 p.m. as the time for an Animal Care Committee sponsored Rabies Clinic for both cats and dogs. Details will be promulgated by the media as soon as they are firm. 23 Mrs. Esther Boyd appeared before the Board and stated that all but one Veternarian had agreed to participate in this program and there would be a charge of $5 per animal. Mr. Stiles stated that he felt this was critical enough that the County should set aside enough money to advertise this program. Mrs. Maddox stated that it concerned her that it was not going to be held in a centralized location. The Board requested that Mr. Riley work very closely with Civic Clubs along with Mr. Harriman and Mr. Whitacre in order that this project might be accomplished. Mr. Koontz asked if it had been discussed about citizens being able to give their own cats shots. P:9rs. Boyd stated yes, that this had been discussed. Upon motion made by David L. Smith, seconded by Will L. Owings and passed unanimously, the Animal Care Committee sponsored Rabies Clinic be approved. LAW ENFORCEMENT AND COURTS COMMI REPO Mrs. Rhoda Maddox, Chairman, presented the following report: The Law Enforcement and Courts Committee met on Tuesday, January 18, 1983. Those in attendance were Rhoda Maddox, Chairman; Larry Coverstone; Larry Ambrogi, Commonwealth's Attorney; Glenn Williamson and Roscoe Bruce, Sheriff. The Committee makes the following report and recommendations: CDI Resolution There was no action taken on this resolution. The Committee wants to review the original agreement establishing the CDI Program to review the intent of the Community Diversion Incentive Program. Once this agreement has been reviewed, the Committee expects to take action on the resolution. There was no action taken by the Board. Discussion of Breakouts at the Jail - Consideration of Superintendent Position A brief discussion was held to determine the feasibility of implement- ing a true Regional Jail concept. It was requested of Sheriff Bruce that figures be provided on possible savings in implementing a Regional Jail system. The position of Superintendent of Jails was discussed and it was determined on a preliminary review that the Superintendent's position would 24 have to be appointed by a Regional Jail Board. It was decided to obtain further information in order to make a presentation to the Regional Jail Board. There was no action taken. Discussion of Drug Detection Tests It was determined upon discussing this matter with the Commonwealth's Attorney's Office that there has been no recognition or approval for use given by the Commonwealth on a Drug Detection Machine. Due to the informa- tion provided by the Commonwealth's Attorney, no action was taken. There was no action taken by the Board. Discussion of Joint Jail Agreement A draft of the Joint Jail Agreement was reviewed by the Committee and discussed. The Finance Department has been requested to furnish figures for the operation of the Jail showing expenses incurred by all users. Several points in the Agreement are being reviewed by the Commonwealth's Attorney's Office for clarification. The Agreement will be considered at the next Committee meeting. There was no action taken. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS ONS Mr. William Baker, Chairman, presented the following report and recommendations: The Finance Committee met on January 20, 1983 with all members present. Budget Adjustment Requests - School Board Dr. Walker and School Board staff personnel presented a list of requests for budget adjustments in the amount of $138,168.00. The amend- ments were requested due to increases in Federal and State funds expected to be received over the amounts originally budgeted. The aforementioned funds are allocated for specific school programs, require no additional local funds and are recommended for approval. Dr. Walker agreed to notify the Finance Committee, in the future, as additional State and Federal funds become available. (See copy of request attached.) Below is a list of the budget items under consideration: Budget Item Chapter I Career Education Improving vocational guidance Amount to be Received $313,866.00 3,500.00 2,088.00 Previously Budgeted $215,461.00 0.00 0.00 Amount to Am end Budget $ +98,405.00 + 3,500.00 + 2,088.00 25 Preschool Incen- tive 2,169.00 0.00 + 2,169.00 VI -B Carryover funds 6,000.00 0.00 + 6,000.00 VI -B Flow- through regular funds 138,985.00 112,979.00 +26,006.00 Total additional amount to be appropriated $138,168.00 Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above request was approved. Mr. Stiles stated he would like to have the additional figures made part of the record. The following figures deal with the amount of Federal funds that Frederick County has received over the last several years, with the adjustment mentioned above, the total for 1982 -83 will be $854,810.00 in Federal funds coming to Frederick County: (1981, 1982) the actual amount received was $785,641.45; (1980, 1981) $759,321.12; (1979, 1980) $778,018. 89. He further stated that the obvious reason for making this part of the record is that the next time someone starts crying the blues of how the Administration is cutting our School system by taking all the money away from it, the records will show that in 1982 and 83 we will receive approxi- mately $65,000 more in Federal money than we have in the past four years. Cost Allocation Plan Proposal The Committee reviewed a proposal from Robinson, Farmer, Cox Associates to conduct a cost allocation plan for Frederick County. It was noted by the Committee that funds recovered are Federal funds applied for through the Welfare Department. The above firm prepared the plan last year at a cost of $1,500.00 with additional funds received by the County in the amount of $8,302.00. It is recommended that the County engage the firm of Robinson, Farmer, Cox Associates to conduct a cost allocation plan for the fiscal year 1981 -82 at a cost not to exceed $1,500.00. (See copy of proposal attached). Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Taxing of Meals and Lodging Resolution The Committee reviewed the resolution presented by the Accomack County Board of Supervisors requesting support of proposed legislation in the General Assembly regarding taxation on meals and lodging. It was noted by the Committee that the maximum rate proposed is 2 percent, and that seven counties have authority to levy said taxes as a result of special legislation. .26 It is felt by the Committee that authority be given one county should be available to all counties in the State and recommend that the Board of Supervisors support the resolution. (See copy of resolution and memo from Finance Director attached.) Upon motion made by William H. Baker and seconded by Will L. Owings, the above recommendation was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and David L. Smith. Nay - Kenneth Y. Stiles. Rescue Squad Resolution The Committee discussed the resolution proposed by the County of Charlotte Board of Supervisors concerning legislation enabling local govern- ments to have the option of determining what restrictions should be placed on volunteer rescue squad personnel as a prerequisite to membership in a local rescue squad unit. The Committee recommends that the Board of Super- visors take no action on the request. (See information and memo from County Administrator attached.) Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above recommendation for no action was approved. Transfer Request The Committee reviewed a request for overtime pay and an appropriation transfer request from the Finance Director requesting that $600.00 be transferred from Account Clerk II position to Extra Help /Overtime. The Committee noted that this request is a result of a recent resignation and overtime pay would be necessary to maintain the work schedule in the Finance Department. The Committee recommends approval of the $600.00 appropriation transfer and refers the request for overtime pay to the Personnel Committee. (See copy of request attached.) Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Finance Department Quarterly Report The Committee noted the quarterly report of the Finance Department. A copy is attached for the Board's review. There was no action taken. Budget Deliberation The Committee reviewed alternatives available to balance the 1983 -84 budget. After discussing the several options at great length the Committee 27 requested some additional information from the County Administrator and agreed to meet again next week to finalize a recommendation to the Board. There was no action taken. Joint Judicial Center Maintenance The County Administrator presented an estimate of maintenance costs on the Joint Judicial Center for the fiscal year 83 -84. See copy of Memorandum from the Public Services Director detailing estimated costs. There was no action taken. Mr. Koontz stated that the Department Heads had each submitted a quarterly report and he requested that each Board Member take time to review these and thanked the Department Heads for their time in preparing these reports. DISPOSITION OF SURPLUS PROPERTY - APPROVED Mr. Riley stated that Mr. Ambrogi was now present and the disposition of surplus property that was brought up earlier could be discussed at this time. Mr. Ambrogi stated that there was no problem with the wording in the descriptive part as this is the way the Deed refers to where the property is located. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, that the following resolution be approved: BE IT RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, herewith accepts the conveyance of that certain tract or parcel of land fronting on the Northern Highway Boundary Line of the Northwestern Grade - U.S. Route 50, just West of the City of Winchester, in Gainesboro Magisterial District, Frederick County, Virginia, containing 40.00 Acres, from the County School Board of Frederick County, Virginia, pursuant to resolution adopted January 17, 1983, and authorizes S. Roger Koontz, Chairman, to attest such acceptance by executing the deed of conveyance on behalf of the Board of Supervisors of the County of Frederick, Virginia, for that purpose. Mr. Stiles stated that this action is long, long overdue and he would like to commend the School Board for moving to resolve what has been a very sore spot to a lot of people in Frederick County for a long time. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. J airma oard of ervi s C r Boar of