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HomeMy WebLinkAboutMay 09, 1984 Regular Meetinga� A Regular Meeting of the Frederick County Board of Supervisors was held on May 9, 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 Mochel Hendrix of the Burnt Factory United Methodist Church. ADOPTION OF AGENDA Mr. Orndoff stated that the rezoning request of Doug and Alice Russell scheduled on tonight's agenda had been withdrawn and that a letter from their Attorney, Mr. McClure, requesting this withdrawal had been received in the Office of Planning and Development. Mrs. Maddox stated that she had an item under the Law Enforcement and Courts Committee Report. Upon motion made by C. William Orndoff, Jr., seconded by David L. Smith and passed unanimously, the Agenda was adopted as amended. COUNTY OFFICIALS COUNTY AD MINISTRATOR REPORTS ON VAPA AWARD RECEIVED BY COUNT) Mr. Riley stated that the County had received the VAPA Award in Norfolk on April 29. He stated that at that time four awards were presented and of these four awards two of them had been prepared by consultants with the other two being done in -house as was the County of Frederick's. He further stated that he felt this was a big achievement on the part of the County and especially within the Department of Planning and Development. Mr. Stiles stated that he would like to congratulate Mr. Horne and Mr. Gyurisin of the Planning Department as well as Mr. Riley on behalf of the Board for this outstanding accomplishment. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS CUP #002 -84 - RAYMOND R. LECKLITER, SR. - BACK CREEK MA GISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commis- sion had given their approval with conditions. /I Mr. Leckliter appeared before the Board on behalf of his request. Mr. Rhodes asked Mr. Leckliter if he was currently living on the site. Mr. Leckliter stated that he was not currently living there full time but that he would be once the kennel was open. The Board discussed this and it was their general feeling that Mr. Leckliter should reside at the site and that this should be a condition of the conditional use permit. No one appeared in opposition to this request. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, that the conditions of the conditional use permit of Raymond R. Leckliter, Sr. be amended to add condition number 3 which would state that the holder of this permit would reside at the kennel. Upon motion made by Robert M. Rhodes, seconded by David L. Smith and passd unanimously, conditional use permit number 002 -84 of Raymond R. Leckliter, Sr., Box 60M, Mt. Falls Route, Winchester, Virginia for a Kennel was approved. This property is identified on Tax Map 59(A) as Parcel Number 6 -D in the Back Creek Magisterial District. CUP #001 -84 - RICHARD RAYMOND DONAVAN - OPEQUON MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request stating that this request had been tabled from an earlier meeting. He further stated that in discussing the conditions of this conditional use permit with Mr. Donavan and representa- tives of the Inspections Department it was felt Mr. Donavan was willing to take the necessary steps to comply with the conditions that had been established for this permit. Mr. Donavan appeared before the Board and requested that he be granted ninety (90) days in order to meet the conditions that had been established by the Staff, Planning Commission and this Board for this conditional use permit. No one appeared in opposition to this request. Upon motion made by Will L. Owings, seconded by David L. Smith and passed unanimously, conditional use permit number 001 -84 of Richard Raymond Donavan, Route 1, Box 573, Middletown, Virginia, for a Public Garage and Body Shop was approved with the addition of condition number four which states that a time period of ninety days be given for the completion of certain items in order to bring this permit into compliance, and if not f 0 4� completed, at least that progress is being made, if not, this permit will be cancelled. This property is designated as Parcel Number 82(A) on Tax Map Number 84 in the Opequon Magisterial District. REZONING REQUEST #004 -84 - KIMBERLY G. HENRY - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request stating that the Planning Commission had recommended approval although it was not unanimous. Mr. Henry and his partner Mr. Bob Aitcheson appeared before the Board on behalf of their request and explained to the Board what type of buildings they were planning on constructing. Mrs. Maddox asked if the buildings proposed would be any higher in heighth than those across the street on Williamson Drive. Mr. Henry stated that he was not sure but by looking at those on Williamson Drive he would say no. Mr. Harano Childs appeared before the Board stating that he lived on the road near this proposed construction and that he would rather see single family housing constructed there rather than the apartments that are proposed for a number of reasons, but mainly because of the depreciation to their homes if apartments are built so close to them. Mr. Moses Thompson appeared before the Board opposing this request because of the increased amount of traffic this type of housing would create as well as the depreciation of his home that would come about if these apartments are built. Upon motion made by David L. Smith, seconded by Robert M. Rhodes, that rezoning request number 004 -84 of Kimberly G. Henry to rezone 3.694 acres from B -1 (Business- Limited) to RP (Residential Performance) be denied. The above motion was denied by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and C. William Orndoff, Jr. Nay - David L. Smith. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr., to approve the rezoning request number #004 -84 of Kimberly G. Henry, Route 7, Box 126, Winchester, Virginia, to rezone 3.694 Acres from B -1 (Business- Limited) to RP (Residential Performance). This property is identified on Tax Map Number 54 as Parcel 127C in the Shawnee Magisterial District. 400 The above resolution was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and C. William Orndoff, Jr. Nay - David L. Smith. Mrs. Maddox stated that with everything that was allowed in the County Code in B -1 that there are a number of other structures that could be built on this property that would be more damaging than the apartments that are proposed and that she hoped the citizens that were here at tonight's meeting, as well as the other neighbors, realized this. Mr. Stiles stated that there would be three more public meetings at which time the neighbors would have an opportunity to voice their feelings before the applicants will be submitting their preliminary plan for this development. REZONING REQUEST #005 -84 - DOUGLAS E. RUSSELL - STONEWALL MAGISTERIAL DIST RICT - WITHDRAWN This rezoning request was withdrawn and a letter from the applicant's Attorney, Mr. McClure, requesting the withdrawal had been received in the Office of Planning and Development. REZONING REQUEST #003 -84 - THOMAS AND BARBARA CONRAD - OPEQUON MAGISTERIAL DISTRICT - TABLED This rezoning request was tabled until the May 23, 1984 Board Meeting. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 5, SECTION 5 -5, DIMENSIONAL REQUIREMENTS, PARAGRAPH 5 -5 -11.1 - APPROVED Upon motion made by C. William Orndoff, Jr., seconded by David L. Smith and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 5, SECTION 5 -5, DIMENSIONAL REQUIREMENTS, PARAGRAPH 5 -5 -11.1 BY DELETING THE FOLLOWING: Average Apartment Size Efficiency 500 square feet 1 Bedroom 655 square feet 2 Bedroom 950 square feet 3+ Bedrooms 1,330 square feet FIRE AND RESCUE COMMITTEE REPORT David Smith presented the following report: The Fire and Rescue Committee met on April 23, 1984, at 7:30 P.M., in the Clearbrook Fire Company facility. The following companies were represented: Stephens City, Greenwood, Roundhill, Middletown, Clearbrook, Gainesboro, Star Tannery, North Mountain, and Reynolds Store. Also present were Bill Orndoff (Stonewall Supervisor) and John Riley. David Smith was absent. A0 7 The following items were discussed: A. The red tag proposal was discussed and the Committee was advised that the Board had referred it to the Public Works Committee for further study. The Public Works Committee will address it at their May 2 meeting. There was no action taken. B. The Airport Authority would be pleased to have the Walters Foam Crash truck housed at the airfield. There is not structure large enough to house the piece at present. There has been an Airport Ad Hoc Committee appointed to look into providing a facility. There was no action taken. C. The fire fighters were briefed on the proposal to divide the EMS funding among the companies participating in the First Responders program. There was no action taken. D. Perry Silva has obtained 100 air bottles and foam equipment from Fairfax County and has distributed the items throughout our County. There was no action taken. E. The next Fire and Rescue meeting is scheduled for 7:30 P.M., at Gore (Co. 14) on May 29, 1984. PUBLIC WORKS COMMITTEE Bill Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on May 2, 1984, at 11:30 A.M., with all members present. Also present were John Riley and Bob Harriman. The Committee makes the following report: A. The Committee toured the Joint - Judicial Center and examined the "shelled" courtroom on the second floor. Mr. Bill Thomas from Shockey's was present and he was asked to submit some figures to the Public Services Director on the costs for completing the room to include walls, ceilings, floor covering, and sound system. Furniture was not included in the request. There was no action taken. B. The red tag system was discussed and by consensus it was decided that the Inspections Department continue to participate, as feasible, in checking serious post -fire situations as reported by the old system of post cards (Damage Alert Cards). There was no action taken. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT 403 Robert Rhodes, Chairman of the Law Enforcement and Courts Committee, presented the following report: The Law Enforcement and Courts Committee met on Tuesday, May 1, 1984, at 11:30 A.M. All members were present except Robert Rhodes. Also present were Commonwealth's Attorney, Larry Ambrogi and Sheriff, Roscoe Bruce. The Committee submits the following report and recommendations: Discussion of Carrying Loaded Weapons in Vehicles The Committee reviewed the attached request from the Izaak Walton League. The Committee felt that overall enforcement of this Ordinance would be a problem and that those who were determined to road hunt would continue to do same with or without the proposed Ordinance being in effect. The Committee did not take action on this request. There was no action taken. Discussion of Permitting the Animal Control Officer to Assist the Game Warden During Hunting Season The Committee reviewed the request from Supervisor Smith to allow Animal Control Officer, Harold Whitacre, to assist the Game Warden during hunting season. The Committee recommends approval of this request provided that it is understood that animal control business is the first priority. It is also understood that the County vehicle and gas may be used in assist- ing the Game Warden. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the above recommendation was approved. Mrs. Maddox stated that she had read in the paper that the Division of Court Services would be withdrawing from the system and that the County would no longer be the fiscal agent and that she would just like to say that as of this date this had not be done. The Board discussed this situation and Mr. Stiles requested that this proposal from the Division of Court Services go to the Law Enforcement and Courts Committee for their study and recommendation to the Board before being presented to any other jurisdictions. The Board requested that Mr. Riley write to Shenandoah County informing them of the Board's feelings concerning the separation of the Division of Court Services from the County and that a final decision of the Board regarding this would be forthcoming. PERSONNEL COMMITTEE REPORT David Smith, Chairman of the Personnel Committee, presented the follow- ing report: The Personnel Committee met on Tuesday, May 1, 1984, at 5:00 P.M., with Will L. Owings; James Longerbeam; Clarence Hunter; Sheriff Roscoe Bruce; Administrative Assistant, John Liggett and John Riley, County Administrator present. David Smith was absent. The Committee submits the following report and recommendations: Discussion of Automated Data Technician The Committee reviewed the Sheriff's request and has decided not to make a recommendation to the Board until a final decision has been made by the Compensation Board. There was no action taken. Discussion of Creating a Secretary III Position The Committee reviewed the proposal from the County Administrator to create a Secretary III position at a range 16. This would create a logical transition step between Secretary II and Office Manager. The Committee recommends approval. Upon motion made by David L. Smith and seconded by Will L. Owings that the above recommendation be approved. Mrs. Maddox stated that she felt this should go to the Finance Committee for their input and recommendation first. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the above was referred to the Finance Committee for their review and recommendation. Discussion of Additional Compensation of Lieutenant's Position in Sheriffs Department The Committee discussed the possible inconsistencies in compensation between Sergeant and Lieutenant in the Sheriff's Department. The Committee requested that the County Administrator review this and report back to the Committee at its next meeting. There was no action taken. Discussion of Amending Personnel Policies Relative to Six Months Probation The Committee reviewed a proposal from the County Administrator which would allow compensation for an employee who performed satisfactorily for the first six months of employment or promotion. It was realized that an employee should not be penalized if performance has been satisfactory. The Committee recommends that the personnel policies be amended to allow for compensation of an employee after the first six months of employment or promotion provided the employee has achieved a satisfactory evaluation. 410 The Board discussed this at length and felt that the word "compensa- tion" in the sixth line should be changed to read "merit increase ". Upon motion made by David L. Smith, seconded by Will L. Owings and passed unanimously, the above was approved. Discussion of Filling Programmer I Position in Information Services Department The County Administrator requested that an existing vacant position in the Information Services Department be filled. The Committee recommends approval. Upon motion made by David L. Smith, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Discussion of Board of Building Appeals Appointment The Committee has referred this request back to the Board. It was felt that the entire Board should make the decision on this matter. Mr. Smith stated that Mr. Sisler had contacted him and was no longer interested in serving on this Board, so at this time Mr. Arnold Ryan was the only candidate for this appointment. Upon motion made by David L. Smith, seconded by C. William Orndoff, Jr. and passed unanimously, Mr. Arnold Ryan was appointed to fill the unexpired term of Mr. Fred Showalter on the Board of Building Appeals. FINANCE COMMITTEE REPORT Will Owings, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Tuesday, May 1, 1984 with Mr. Owings, Mr. Shickle and Mrs. Luttrell present. Also attending were the County Admini- strator, Finance Director, Budget Analyst, and the Superintendent of Recrea- tion. Request for Budget Adjustment Request for budget adjustment from the Sheriffs Department for funding of intoximeters in the amount of $720. This requires no additional local funding. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Request for Budget Adjustment Request for budget adjustment of carry forward encumbrances FY 1982 -83 to be authorized for expenditure in FY 1983 -84 in the amount of $35,683.42 for the General Fund, $220.64 for the Northwest Regional Jail, $53,649.60 411 for Landfill, $914.73 for Central Stores, and $1,614.13 for the Division of Court Services. These are purchase orders obtained in one year but merchandise is received and paid for in the subsequent year. This procedure has been used by the County for several years, however, the auditor had advised that these expenditures need specific Board approval. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Request for Budget Adjustment Request for budget adjustment by the Parks and Recreation Department for an additional $6,500 to be appropriated in their Trips and Excursions line item. No additional local funds are required. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request for Funds Request for funds from the Federal Emergency Management Agency. The Committee recommends this request not be approved. It is the position of the Committee that Frederick County should support local programs. There was no action taken. The following items do not require Board action: 1. The Committee reviewed the Handley Library Contract and will make a recommendation for revision at a later time. There was no action taken. 2. The Committee reviewed the proposed Airport Budget for fiscal year 84 -85. There was no action taken. Mr. Stiles asked as to where the rent goes on certain pieces of property at the Airport and stated that this needed clarification for if the rent was going to the City then the County needed to reassess their position on this at budget time. 3. The Committee reviewed the Resolution adopted by the Frederick County School Board on the plans for Outdoor Facilities for James Wood High School. The Board discussed this at length and felt that before this project goes any further that the Board needed to know (l) where they are going, (2) 41.2 how it is being planned for them to get there and (3) who is going to be paying for this project. Mr. Horne stated that the CIP Committee had not seen plans for any of this project. The Board requested that Mr. Riley write to Dr. Walker and request that definite plans be received by the County Administration as soon as possible in order that the Board might be knowledgable of exactly where they stand at this point and what is planned for the future concerning this particular project. 4. The FICA recovery program has generated additional revenues of $3,001.19 for Frederick County. There was no action taken. JOINT JUDICIAL COMMITTEE REPORT Rhoda Maddox presented the following report: The Joint Judicial Committee met on Tuesday, May 1, 1984, at 3:00 P.M., in the City Council Chambers. All members were present except Robert Rhodes and George Whitacre. The Committee submits the following report: Discussion of Eliminating Parking in Front of Judicial Center The Committee reviewed proposal to eliminate the parking lot in front of the Joint Judicial Center on Cameron Street. As you will recall, this matter was to be considered after the Center had been open for one year. It is now the feeling of the Committee that request for proposals should be considered to determine the cost of implementing this phase of the project. There was no action taken. Joint Judicial Center Project The Committee was updated on the project and informed that we are within the approved budget. Anticipated occupancy may be near mid Summer, 1984. There was no action taken. Mrs. Maddox stated that the landscaping behind the Kurtz building will not be done at this time. Mr. Stiles stated that there were some items concerning this project that needed to be discussed. Mrs. Maddox stated that before the City could proceed with any changes in the landscaping of this project that the County would have to be contacted because of the original agreement between the City and County. Mr. Stiles asked if each Board Member had received correspondence from Mrs. Margaret Starliper, Chairman of the Board of Zoning Appeals. All Board Members indicated that they had received this correspondence. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. Chairman, Boa i of Supervisors