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February 08, 1984 Regular Meeting327 A Regular Meeting of the Frederick County Board of Supervisors was held on February 8, 1984, at 7:15 P.M., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Kenneth Y. Stiles, Chairman; Will L. Owings, Vice - Chairman; Robert M. Rhodes; Rhoda W. Maddox; David L. Smith and C. William Orndoff, Jr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend George Riggins of the Braddock Street Methodist Church. ADOPTION OF AGENDA Mr. Smith requested time under "Planning Commission Business ". Mr. Riley requested time under "County Officials" for a presentation by Mr. John Fanning, Director of the Northwestern Community Services, for their annual report. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, t Jr. and passed unanimously, the agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by Will L. Owings, seconded by David L. Smith and passed unanimously, the minutes of the Regular Meeting of December 14, 1983, were approved as submitted. COUNTY OFFICIALS PROCLAMATION FOR BIG BROTHERS /BIG WEEK - APPROVED ;TERS APPRECIATION Upon motion made by Rhoda W. Maddox seconded by David L. Smith and passed unanimously, the following resolution was approved: WHEREAS, there are a large number of girls and boys in our community who suffer from a lack of adequate adult time and attention, whether because of death, divorce, or other causes, and WHEREAS, this deprivation can cause serious problems for the children and for the community, and WHEREAS, there is a dire need for service that can give such children the individual support, help and counseling of a stable, adult friend, and WHEREAS, Big Brothers /Big Sisters work is dedicated to this aim with their unique one -to -one concept of friendship, THEREFORE, DO I Kenneth Y. Stiles, Chairman of the Frederick County Board of Supervisors, hereby proclaim February 12 -18, 1984 as Big Brothers /Big Sisters Appreciation Week and furthermore, do call upon the citizens of Frederick County to support the Big Brothers /Big Sisters Movement. 328 /s/ Kenneth Y. Stiles Kenneth Y. Stiles, Chairman /s/ Will L. Owings Will L. Owings, Vice - Chairman /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ Rhoda W. Maddox Rhoda W. Maddox /s/ David L. Smith David L. Smith /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. APPOINTMENT TO PARKS AND RECREATION COMMISSION FROM GAINESBORO DISTRICT AND MEMBE -AT -LARGE - APPROVED Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, Robert K. Fetter was appointed to the Parks and Recrea- tion Commission as the representative from Gainesboro District. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, Patricia Perry was appointed to the Parks and Recreation Commission as a Member -at- Large. Mr. Stiles requested that the other applications received for this particular Commission be kept on file for future reference. APPOINTMENT OF CITIZEN MEMBER TO THE PUBLIC WORKS COMMITTEE BY BOARD CHAIRMAN - TABLED UNTIL FURTHER NOTICE The appointment of a citizen member to the Public Works Committee was tabled until further notice. APPOINTMENTS /REAPPOINTMENTS TO VARIOUS COMMITTEES AND COMMISSIONS FROM SHAWNEE DISTRICT - APP ROVED Upon motion made by David L. Smith, seconded by Will L. Owings and passed unanimously, the following appointments /reappointments were made from Shawnee District: Transportation Committee - Jim Racey Animal Care Committee - Gary Van Meter Stream Standards Committee - Ynez Hetland Parks and Recreation Commission - Carole Ambrogi Extension Advisory Committee - Gwen Lunsford JOHN FANNING, DIRECTOR OF NORTHWESTERN COMMUNITY SERVICES, PRESENTATION OF ANNUAL REPORT Mr. John Fanning, Director of Northwestern Community Services, appeared before the Board to present their annual report. Mr. Fanning presented each Board Member with a folder containing a copy of the report and stated that at this time he would just address the Budget, realizing that there was too much for the Board to digest in such a short time, but if after they had time to review the contents, if they had any questions, not to hesitate to contact him. 329 Mr. Stiles referred to an article that had appeared in the paper recently with reference to irregularities within the accounting of the Council on Alcoholism and asked Mr. Fanning if he could shed any light on this situation, and further if he knew at this point whether or not these irregularities had been corrected. Mr. Fanning stated that the funds in question were not Chapter 10 funds nor were any County funds involved, and to the best of his knowledge, the irregularities had been corrected. Mr. Stiles stated that it was his understanding that when there was misuse of public funds, that there were laws that addressed this. Mr. Fanning stated that the Northwestern Community Services Board did not feel that it was up to them to pursue this matter. Mr. Stiles thanked Mr. Fanning for all that Northwestern Community Services had done on behalf of the County and for his presentation at tonight's meeting. PLANNING COMMISSION BUSINESS PUBLIC HEARING REZONING APPLICATION #020 -83 - THOMAS C. ACRES FROM B -1 (BUSINESS- LIMITED) TO B -2 (BUSINE& GENERAL) - SHAWNEE MAGISTERIAL DISTRICT - DEN Mr. Horne presented this request and stated that the Planning Commis- sion recommended denial. Mr. Tom Glass appeared before the Board on behalf of his request and stated that he would like to refer to his letter presented to the Board at their last meeting on January 24th wherein he listed the various businesses that he either promised and /or guaranteed that he would not allow to be constructed at this site. Mr. Smith asked Mr. Glass that if this rezoning was granted, did he have any intentions of constructing a tavern on this property. Mr. Glass stated that this was news to him, and no that was not his intention. Mrs. Lennie Mather, area resident, appeared before the Board in opposi- tion to this rezoning stating that she was concerned what the County Code stated could be built on this property if this rezoning is approved, and further if the Board chose to rezone this property she felt they should have a definite plan before them as to exactly what would be constructed on the site in question. She further stated that she had a letter that she would like to present to the Board from a County resident that owned property GLASS - FOR 2.4 adjoining the property, but was unable to be present tonight due to ill health. Mr. Stiles read the letter and it was the consensus of the Board that this be made part of the record. 1/25/84 To the Frederick County Board of Supervisors: I, Clarence Shiley, oppose the rezoning of the 2.4 acre parcel of land next to my property. I don't believe Senseny Road needs the added traffic that a B -2 zoning might create. I also don't believe we need the possibil- ity of a hotel /motel, public or private clubs, poolrooms or a nightclub in this residential area. Sincerely, /s/ Clarence Shiley Clarence Shiley Rt. 6, Box 334 Winchester, VA 22601 CS /lpm Mr. Rhodes stated that he felt that the County definitely needed to look at B -1 and B -2 zoning. He stated that it seemed like there was a very fine line between a few items that are in B -2, that very well are compatable in B -1, and then we have items at the extreme end that are not compatible. He further stated that he would like to make a recommendation to have Mr. Horne, as he finishes up with his Agricultural zoning, go back and look at these very carefully, because he thought there were B -2 uses of this property that very well were compatible with everything in B -1 in the County. Mr. Rhodes further stated that the staff may need to go through all their commercial zoning and check this over again. Mr. Horne stated that this sounded like a very good idea and that this is exactly what the staff is proposing to do. Mr. Stiles stated that the Board did appreciate the letter received from Mr. Glass and he felt that Mr. Glass would abide by what was stated in the letter, but in the event that he chose to do otherwise, the Board could not enforce what had been stated in the letter. Mr. Smith stated that he was very concerned about the intended use of the space as were others in the area and that this would be a lot simpler if everyone involved knew exactly what was planned for this area, but in lieu of the fact that time did not permit for this to be done he would move for approval of this rezoning request. Upon motion made by David L. Smith and seconded by Will L. Owings, that rezoning request #020 -83 of Thomas C. Glass for 2.4 acres from B -1 331 (Business- Limited) to B -2 (Business - General), in the Shawnee Magisterial District, be approved. The above resolution was denied by the following recorded vote: Nay - Robert M. Rhodes, Rhoda W. Maddox, C. William Orndoff, Jr. and Kenneth Y. Stiles. Aye - David L. Smith and Will L. Owings. SECTION OF LAKESIDE DRIVE, FROM ITS INTERSECTION WITH OAKRIDGE DRIVE TO ITS TERMINUS, A DISTANCE OF APPROX- IMATELY 425 FEET, TO BE TAKEN INTO THE SECONDARY SYSTEM - APPROVED Upon motion made by David L. Smith, seconded by C. William Orndoff, Jr. and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Virginia Department of Highways and Transportation is hereby requested to add a section of Lakeside Drive from its intersection with Oakridge Drive to its terminus, a distance of approxi- mately 425 feet, to the Secondary System of Frederick County pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended. AND FURTHER BE IT RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 60 feet with necessary easements for cuts, fills and drainage; recorded in Deed Book 393, Page 655, dated July 28, 1972, and that the Board does hereby agree to guarantee the performance of this road for a period of one year from the date at which it is accepted into the Secondary System. TRANSPORTATION COMMITTEE REPORT Mr. Steve Gyurisin presented the following Committee report: The Transportation Committee recently met to make recommendations on a request to allow 28' double bottom (twin) trailers, 102" wide trailers, and 48' trailers to use Route 11 South from the Southern Winchester City Limits (Kernstown) to Route 37. The request would allow a number of industries and carriers to utilize the above mentioned trailers from Route 37 to their facilities, in addition to serving the Industrial Park Area in the Southern part of Winchester. The Virginia Department of Highways and Transportation has final approval for the designation of all roads for use by these trailers, but has agreed recently to review any local comments or recommendations. The Transportation Committee recommended to allow Route 11 South from Kernstown to Route 37 to be designated for 96 ", 28' double bottom trailers (twin trailers). The Committee recommended to deny that portion of Route 11 South to be designated for the wider 102" trailers or 48' trailers, until the travel lanes of Route 11 South are enlarged or made wider than the existing width of less than 10' and until the intersection of Route 11 and Shawnee Drive is improved to accommodate a larger turning width for the larger trailers. 332 The Frederick County Planning Commission met on February 1 and moved to approve the recommendation of the Transportation Committee and to forward it to the Board of Supervisors. The vote on this action was as follows: Yes: Messrs. Stiles, Golladay, McDonald, Myers, Brumback, Kirk, No: Messrs. Romine and DeHaven. Mrs. Copenhaver was absent. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the recommendation of the Planning Commission and Transportation Committee, as it deals with trailers on certain highways within the County, was approved. PUBLIC WORKS COMMITTEE Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on February 1, 1984, at 11:30 A.M., with all members present. Also present were John Riley, John Dennison and Bob Harriman. The Committee makes the following report: A. The Committee met jointly with the Code and Ordinance Committee to agree on each Committee's responsibilities. B. It was established that the first Wednesday of each month at 11:30 A.M. be designated as the regular meeting time. C. The Committee discussed the proposal to establish a County -wide Fire Code. It was concluded that the procedures utilized under the Virginia Uniform Statewide Building Code are sufficent for the present and that some- time in the future the subject might be reconsidered. No action was taken by the Board on any items of this report. ANIMAL CARE COMMITTEE REPORT The following report was presented as information to the Board: The Animal Care Committee met on January 30, 1984, at 7:30 P.M. Committee representatives attending were Esther Boyd, Dr. Max Mandel, Dorothy Vargo and Gary VanMeter. Also present were Bob Harriman and Animal Control Officer, Harold Whitacre. The Committee re- elected Esther Boyd as Chairman. Discussions centered around future Committee activity and goal setting. JUDICIAL CENTER COMMITTEE REPORT Mrs. Maddox presented the following report: The Executive Committee met on February 1, 1984 with all members present. 333 Furnishings for Judicial Center The Committee was advised that the bids had been received for the furnishings of the Joint Judicial Center. Based upon low bids received, the cost for furnishings is approximately $234,000. The bids will be awarded and a April 15, 1984 delivery date specified. HOK was instructed to provide costs for plantings, blinds, electrostating and signage. Mr. Stiles asked where the funds were coming from to pay for the items such as plants, blinds, electrostating and signage. Mrs. Maddox stated that there had been a savings on the cost of the furniture. Mr. Stiles stated that he felt these items should have been included in the original bid. Communications Proposals The Committee was advised that AT &T was the low bidder for the telephone communication equipment in the amount of $44,000. There will be further discussion on whether lease /purchase or straight purchase of the system is the most cost effective. Mr. Stiles asked where the funds were coming from to pay for this equipment. Mr. Riley stated that he felt this too would come from the funds remaining within the furniture budget. Discussion - Brick Inlay of Concrete Sidewalks The Contractor has advised the Owner that we are rapidly approaching the point when a final decision must be made on the type of sidewalk. The amount of the change order is $25,184, one -half of which would come from the County. There is approximately $100,000 remaining in the 5 percent contingency line item. You will recall that the City has already approved this item. (The Executive Committee recommends approval of this expense.) Mr. Owings and Mr. Smith both stated that it was their feeling that the Board had voted on this request earlier and they did not know why it was being presented again, and that they had not changed their mind from when they voted against this request some four months ago. Mr. Stiles stated that he could not support this until the County knows the bottom line of spending on this project, as he had no intention of spending one more penny than what had been approved up to this point. Mrs. Maddox stated that it was not for the entire section that was originally requested for bricking, it was just one small area. 334 Upon motion made by Rhoda W. Maddox and seconded by David L. Smith, above recommendation was denied by the following recorded vote: Nay - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, David L. Smith and C. William Orndoff, Jr., Aye - Rhoda W. Maddox. FIRE AND RESCUE COMMITTEE REPORT Mr. Smith presented the following Committee report: The Fire and Rescue Committee met on January 23, 1984, at 7:30 P.M., in the Reynolds Store Fire Company facility. The following Companies were represented: Stephens City, Middletown, Greenwood, Clearbrook, Gainesboro, Round Hill, Star Tannery and Reynolds Store. Also present were John Riley, Bob Harriman and Winchester Fire Chief, Lynn Miller. The following items were discussed: A. The Mutual Aid Agreement with the City was accepted by the County Board of Supervisors at the January 11th meeting. Chief Miller reported that the City Council had some legal questions, but he did not feel as though there would be any problem. There was no action taken. B. The questions of adopting a County Fire Code was brought up and the Committee was advised that the subject would be discussed at the next meet- ing of the Public Works Committee. There was no action taken. C. A representative of the Insurance Services Office of Richmond, Virginia will be in Frederick County to visit Clearbrook, Greenwood and Star Tannery the week of February 13th to inspect their facilities, equipment, training records, etc. There was no action taken. D. The District of Columbia Department of Corrections was contacted concerning the reproduction of the County Seal. Evidently there was a mix- up on the art work. New art work was sent January 25. The completed decals should be available about the first week in March. There was no action taken. E. The Committee agreed to continue to rotate the monthly meeting from I — fire station to fire station. There was no action taken. F. The firefighters asked if the active members of the Fire Companies (i.e., those with State Fire Company license plates) could receive their County stickers free. It was pointed out by the firefighters that the 33 5 I members of the Virginia National Guard had purchased their State tags at half -price and were issued County stickers at half - price. It was the consensus of the Board that this be referred to the Finance Committee for their review and recommendation. G. The Committee stated that the County firefighters would be present- ing their budget request for FY85 of $150,000 for the Fire Companies and $10,000 for the Rescue Squad. This is an increase of $4,000 per Company per year. There was no action taken. H. It was agreed to conduct a critique of the response to the tire fire. The critique will be led by Homer Sanders. It will be held at Round Hill on Februry 5th at 2:00 P.M. All Companies are encouraged to send a knowledgeable representative. Mr. Stiles requested that a copy of this be forwarded to each Board Member. I. Chief Lynn Miller briefed the Committee on a proposal to obtain a hazardous response vehicle, equip it and train people to man it. Chief Miller stated that there was private industry interest and that other localities had also shown some interest. The 81 corridor is a main route for the shipment of hazardous material. Chief Miller requested that the idea /concept be discussed. There was no action taken. CODE AND ORDINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Code and Ordinance Committee, presented the following report: The Code and Ordinance Committee met on February 1, 1984, with the Public Works Committee. Discussion of Responsibility as County Committee The Committee discussed their respective areas of responsibility and determined same. Public Works will concentrate on the following: 1. Landfill 2. Building and Equipment Maintenance 3. Inspections 4. Plans 5. Enforcement Code and Ordinance primarily will concentrate on text changes in the County Code and will be meeting the first Monday of each month at 11:30 A.M. in the County Administrator's Office. Committee Reports 333 The Committee recommended that the reading of Committee Reports at Board Meetings cease, effective immediately. If there are specific recommendations which need Board action, those recommendations will be read. Naturally, if a Board Member has a question about the contents of any report, the floor would be open for discussion. Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Public Hearing Procedure Effective immediately staff reports on public hearing matters will not be read in their entirety at Board Meetings unless so decided by the Chairman. A brief synopsis of the report shall be presented orally with the staff recommendations along with those of the Commission or Committee. Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. An Ordinance to Allow Minors 16 Years of Age and Older to Participate Fully in the Activities of a Volunteer Fire The County Administrator advised the Committee that the Commonwealth's Attorney has indicated that the attached resolution, approved the 11th of August, 1982, is not sufficient. An Ordinance must be passed in order for this to be put into effect. The Committee recommends that the ordinance be advertised for public hearing. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. County Code The County Administration advised the Committee that the recodification of the County Code had been completed. The Commonwealth's Attorney's Office is currently reviewing the Code for form and legal context. It should be noted that quotes for recodification on the open market for this 423 page document were $45 per page. There was no action taken. Discussion with Citizen on Her Concern with Weeds and Over- grown Lots in the County The Committee met with Mrs. Lennie Mather to review her complaint of weeds and overgrown lots. The Committee informed Mrs. Mather that Chapter 14, Section 14 -12 and 14 -15 were sufficient to address her complaint. 337 There was no action taken. BUDGET WORKSESSIONS SCHEDULED Mr. Riley stated that the following dates had been scheduled for budget worksessions : February 14, 1984 - County Finance Committee and School Board Finance Committee February 15, 1984 - Full Board and Finance Committee February 21, 1984 - Full Board and School Board to finalize School Budget Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above dates were set as Board Meeting dates for work on the budget. Mrs. Maddox stated that she would be out of town on the 21st. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISQQ -RS ADJOURN. Cha rman, Baia { d of Supervisors CI rk, Board of Superviso