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HomeMy WebLinkAboutMay 23, 1984 Regular Meetingmm A Regular Meeting of the Frederick County Board of Supervisors was held on May 23, 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 Conrad Christianson of the Bethel Lutheran Church. ADOPTION OF AGENDA Mr. Stiles stated that he had 3 letters of correspondence under "County Officials" and a letter of request from the James Wood High School Concert Choir that would be discussed at the end of the meeting. The request for the Airport access road will be done under "Public Hearing." Mr. Riley stated that the update received on 522 North, tentative allocations, would come under discussion of the Highway Department Six Year Plan. It was noted that rezoning request number 003 -84 of Thomas and Barbara Conrad scheduled under "Planning Commission Business, Public Hearings" for this meeting had been withdrawn. Upon motion made by David L. Smith, seconded by C. William Orndoff, Jr. and passed unanimously, the agenda was adopted as amended. APPROVAL OF MINUTES Mr. Smith requested that Page 4 of the minutes of the regular meeting of April 11, 1984 be reviewed with reference to his remark on the survey of Teachers' salaries in neighboring Counties. Upon motion made by David L. Smith, seconded by C. William Orndoff, Jr. and passed unanimously, the minutes of the regular meetings of April 11 and April 25, 1984 were approved as submitted. HENRY BRUMBACK APPOINTED TO SERVE UNEXPIRED TERM OF RICHARD HARDISON ON THE BOARD OF S OCIAL SERVICES - APPROVED Upon motion made by Robert M. Rhodes, seconded by David L. Smith and passed unanimously, Henry Brumback was appointed to fill the unexpired term i� of Richard Hardison on the Social Services Board, said term to commence on May 23, 1984 and terminate on June 30, 1986. CHARLE HOTT NOMINATED AS SCHOOL BOARD REPRESENTATIVE FROM TRICT Mr. Orndoff stated that he would like to thank all of the citizens that had served on the Committee to select a candidate from Stonewall District for the School Board as he knew they had given a lot of their time. He further stated that he would like to place the name of R. Charles Hott in nomination for the School Board seat from Stonewall District and that this nomination would be voted on by the Board at their regular meeting on June 27th. ROBERT GAINES NOMINATED AS SCHOOL BOARD REPRESENTATIVE FROM BACK CREEK DISTRICT Mr. Rhodes stated that he would like to also thank his Committee for all their efforts on this appointment and that he knew a lot of time was spent by the Committee inasmuch as they had interviewed five candidates and at this time he would like to place the name of Robert Gaines in nomination for the position on the School Board from Back Creek District. Mr. Smith asked Mr. Gaines how he felt about collective bargaining for Teachers. Mr. Gaines stated that he saw no point in collective bargaining for the Teachers. Mr. Stiles requested that resolutions be prepared by the County Administrator's Office for Mr. Richard Hardison and Mrs. Barbara Black in order that they may be presented to them by the Board at their meeting of June 27. WILLIAM BAKER ADDRESSED BOARD TO REQUEST RESOLUTION FOR BARBARA BLACK FOR HER SERVICES TO THE COUNTY WHILE SERVING ON THE SCHOOL BOARD Mr. William Baker appeared before the Board to request that a resolu- tion be prepared and presented to Mrs. Black for her services to the County while serving as a member of the School Board. The Board concurred with Mr. Baker's request. TREASURER APPEARED BEFORE BOARD TO REQUEST EXTENSION ON DUE DATE FOR PAYMENT OF REAL ESTATE TAXES - APPROVED Mrs. Keckley, Treasurer, appeared before the Board and requested that she be granted an extension by the Board for payment of Real Estate Taxes currently due by June 5, 1984, and if the extension is granted, would move the date to June 15. a Mr. Owings asked if this ten days would be sufficient. Mrs. Keckley stated she had no other choice because of the Auditors. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the due date for Real Estate Tax payment currently due on June 5, 1984 was extended until June 15, 1984. Mr. Stiles requested that the Treasurer, Finance Department staff and the Finance Committee get together for a meeting in order to discuss the problems that had been incurred with the first billing of the twice a year tax collection in order that these problems would not reoccur. Mr. Riley requested that the press be notified of this and that an add be run in order that all citizens would be notified of this extension. TREASURER TO REPORT BACK TO BOARD ON STATUS OF OF BAD CHECKS THAT HA VE BEEN RECEIVED WITHIN HEF _ECTION ICE The Board discussed with Mrs. Keckley the various problems that currently exist in trying to collect bad checks that had been received by her office for payment of various items and requested that she report back to the Board at their meeting on June 27 the status of this matter and what legal steps have been taken in order to collect the County's money. REQUEST FROM SHERIFF'S DEPARTMENT FOR FUNDING FROM THE COMPENSATION BOARD - APPROVED Mr. Riley stated that the Sheriff is requesting that the Board of Supervisors make a request on behalf of the Sheriff's Department to the Compensation Board to reconsider their Department's budget for 1984 -85. Upon motion made by Will L. Owings, seconded by David L. Smith and passed unanimously, that a letter be sent from the Chairman of the Board on behalf of the Board of Supervisors requesting that the Compensation Board reconsider the Sheriffs budget for 1984 -85. CORRESPONDENCE RECEIVED FROM CITY MANAGER RE: AIRPORT RENTAL PROPERTY Mr. Stiles reviewed with the Board the following letter received from City Manager, Wendell Seldon, regarding rental property at the Winchester Airport: May 15, 1984 Mr. Kenneth Y. Stiles Chairman, Frederick County Board of Supervisors Route 1, Box 276 Clearbrook, VA 22624 Dear Ken: 41� I was requested by the Finance Committee of Council (Wilkins, Robinson, Kern) to respond to comments attributed to you by the enclosed Star article regarding rent for hangar space at the Airport. Obviously, I am not aware where this information came from, but I can assure you that the rental for all Airport hangar space goes to the Airport Fund which the Regional Airport Commission administers. This includes: *Not Hangars Those noted with an asterisk ( *) are not actually hangar rental, but are included in both Airport budgets. The variances in revenue are based upon the actual rental received and the Commission's best estimates for the coming year. You will note the rental estimate for 1983 -84 was $31,920 and the estimate for 1984 -85 is $25,440 and not $18,000 as indicated in the article. In addition, the City has supplemented both budgets with a $15,000 contribution each year, the same as Frederick County. If you desire additional information regarding the above, please advise. With best regards, I am Sincerely, /s/ Wendell Wendell L. Seldon City Manager WLS /brs cc: Mr. John L. Wiltshire, Sr., Chairman, Regional Airport Commission Finance Committee Transportation Committee CORRESPONDENCE ON DEDICATION CEREMONIES FOR NEW FREDERICK - WINCHESTER JUDICIAL CENTER AND REQUEST FOR OLD COUNTY COURTROOM TO BE USED AS LOCATION FOR VARIOUS HEARINGS REFERRED TO COMMITTEE ON LAW ENFORCEMENT AND COURTS PUBLIC HEARING AN ORDINANCE TO REGULATE THE IMPORTATION OF AND DISPOSAL OF DISEASED FOWL PURSUANT TO SECTIONS 15.1 -504 AND 15.1 -510 OF THE CODE OF VIRGINIA, 1950. AS AMENDED - Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the following Ordinance was approved: WHEREAS, the spread of the Avian influenza in the Common- 83 -84 84 -85 T- Hangars $ 8,400 $ 7,200 Tie -Downs $10,080 $ 6,000 *Paint Shop $ 2,400 $ 2,400 O'Sullivan $ 2,400 $ 2,400 Valley Protein $ 300 $ 300 *Richards & Long $ 1,500 $ 1,500 Hangar (Main) $ 3,240 $ 3,240 Hangar (Corporate) $ 3,600 $ -0- *Rental (Eagle) $ -0- $ 2,400 $31,920 $25,440 *Not Hangars Those noted with an asterisk ( *) are not actually hangar rental, but are included in both Airport budgets. The variances in revenue are based upon the actual rental received and the Commission's best estimates for the coming year. You will note the rental estimate for 1983 -84 was $31,920 and the estimate for 1984 -85 is $25,440 and not $18,000 as indicated in the article. In addition, the City has supplemented both budgets with a $15,000 contribution each year, the same as Frederick County. If you desire additional information regarding the above, please advise. With best regards, I am Sincerely, /s/ Wendell Wendell L. Seldon City Manager WLS /brs cc: Mr. John L. Wiltshire, Sr., Chairman, Regional Airport Commission Finance Committee Transportation Committee CORRESPONDENCE ON DEDICATION CEREMONIES FOR NEW FREDERICK - WINCHESTER JUDICIAL CENTER AND REQUEST FOR OLD COUNTY COURTROOM TO BE USED AS LOCATION FOR VARIOUS HEARINGS REFERRED TO COMMITTEE ON LAW ENFORCEMENT AND COURTS PUBLIC HEARING AN ORDINANCE TO REGULATE THE IMPORTATION OF AND DISPOSAL OF DISEASED FOWL PURSUANT TO SECTIONS 15.1 -504 AND 15.1 -510 OF THE CODE OF VIRGINIA, 1950. AS AMENDED - Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the following Ordinance was approved: WHEREAS, the spread of the Avian influenza in the Common- 418 wealth of Virginia requires that certain regulations be imposed to promote the health, safety and general welfare of the inhabitants of Frederick County; and WHEREAS, Avian influenza is a very contagious and serious poultry disease affecting the health of Virginia poultry and the welfare of those whose income depends in whole or in part on maintaining a viable poultry industry; and WHEREAS, there has been no identified cases of Avian influenza in Frederick County to date. NOW, THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Frederick County, Virginia, that pursuant to Sections 15.1 -504 and 15.1 -510 of the Code of Virginia, 1950 as amended, that the importation and disposal of diseased fowl shall comply with the following regulations: I. Importation of Diseased Fowl and Carcases of Diseased Fowl Prohibited It shall be unlawful for any person, firm or corporation to knowingly import into Frederick County any diseased fowl or carcasses of diseased fowl; nor shall such diseased fowl or carcasses of diseased fowl be knowingly hauled or transported into or through Frederick County without being properly permitted by the Department of Health and /or the Virginia Department of Agriculture and Consumer Services with the concurrence of the Frederick County Board of Supervisors. II. Disposal of Diseased Fowl Off Site Prohibited It shall be unlawful for any person, firm or corporation to knowingly deposit, dump, bury or dispose of diseased fowl or carcasses of diseased fowl on property located within Frederick County unless the property is the site where said fowls were ordinarily maintained and kept at the time the disease was detected. Nothing herein shall be deemed to require said on -site disposal of such fowl and carcasses where a determination is made by the Virginia Department of Health and /or the Virginia Department of Agriculture and Consumer Services that on -site disposal would increase the risk of spread of contagious diseases among persons, animals or fowl or would be hazardous to III. This ordinance shall take effect immediately upon adoption. IV. Any violation of this Ordinance would constitute a misdemeanor as provided in the Frederick County Code. Adopted this 23rd day of May, 1984. Frederick County Board of Supervisors M ATTEST: /s/ Kenneth Y. Stiles Kenneth Y. Stiles, Chairman /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk AIRPORT ACCESS ROAD PROJECT APPROVED CONTINGENT UPON CITY OF WINCHESTER APPROVAL Mr. Horne presented this request and stated that Mr. Bushman of the Highway Department had contacted their Department concerning the need for additional funding for the reconstruction of Route 728 to provide access to the Winchester Municipal Airport. He stated that the Board of Supervisors authorized the use of Airport access funds from the Highway Department approximately two years ago. At that time, it was estimated that the entire project could be funded from the Airport access funds. Mr. Horne stated that Mr. Bushman has now informed the County that additional funding will be necessary to construct this roadway to the industrial grade pavement surface which the Highway Department feels is necessary. Approximately $82,000 in additional funds are necessary and Mr. Bushman has received assurances from the City of Winchester that they would be willing to share these costs on an equal basis with the County, therefore, an additional $41,000 would need to be transferred from the secondary road construction funds to this project. Mr. Horne further stated to the Board that they had received in their agenda the final secondary road allocations for the County and will see that the allocation is significantly above the anticipated allocation. He stated that Mr. Bushman stated that with this additional funding, the transfer of this $41,000 would not affect the timing of any major projects. He further stated that this material was presented to the Transportation Committee on May 21 and the Committee recommended that the Board authorize the transfer of these funds. Upon motion made by David L. Smith, seconded by Robert M. Rhodes and passed unanimously, the request for the Airport Aceess Road Project be approved with the understanding that the City agrees to pay half of this cost. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS ADOPTION OF SECONDARY ROAD IMPROVEMENT PROJECT PRIORITIES Z ur rKCUCK i%-r% l.uu1V1 T, yIKU11V1/1 - t%rrmuy cu Recommended Six Year Major Project Road Improvement Plan Mr. Steve Gyurisin presented this and stated that the Transportation Committee had recommended the following Six Year Secondary Road Improvement Plan for Major Road Projects and Non Hardsurface Road Projects. Mr. Bob Clark appeared before the Board and stated that he had lived on Woodchuck Lane on Route 654 for fifteen years and that ten years ago $35,000 had been earmarked for the widening of this road and of this date nothing had been done. This will be discussed under the Recommended Six Year New Hardsurface Road Improvement Plan. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, to approve the RECOMMENDED SIX 420 YEAR MAJOR PROJECT ROAD IMPROVEMENT PLAN: Rank Route From To 1. 654 522 677 2. 642 Bridge & Approaches Opequon Creek 3. 672 749 667 4. 628 622 638 5. 672 661 1 -81 6. 628 638 631 7. 661* 672 663 8. 628 631 732 9. 656 ** 657 659(incl. intersect.) 10. 621 * ** 622 Approx. .6 mi. S622 incl. "S" turn Notes *Route 661, Welltown Pike, (Project #7 above) replaced former Project #7, Route 672 from Route 661 to Route 739. The Committee recommended that minor improvements be made on Route 672 from Route 661 to Route 739 on poor curves since this project was dropped from the major project list. * *Route 656, Greenwood Road, is to include the intersection of Route 656 and Route 659, Valley Mill Road. Strengthening Route 659 with an application of plant mix was recommended near the intersection. ** *Route 621 is to include drainage improvements South of Route 622 and realignment of "S" turn. - -The Committee recommended that VDH &T study Route 608 and forward improve- ment recommendations for Route 608 for the 1986 Plan Update. Six Year New Hardsurface Road Improvement Plan It was noted that the route Mr. Clark referred to, Route 654, is ranked number 21. It was also noted that the delay in this project was caused by the failure of a property owner to give the necessary right -of -way in order for this project to be done. Mr. Rhodes noted that number 17 was in Back Creek District and not Opequon District as listed. Mr. Orndoff questioned numbers 5, 10 and 15 and where they ranked on the list. Mr. Horne stated that the traffic count is considered when determining the rank of these improvements. Mr. John Toney appeared before the Board and requested that improve- ments be made on Route 629 in order that a School Bus might be able to pick up his children inasmuch as he is building a new home on this road. Mrs. Maddox stated that she had just received word before tonight's meeting that the right -of -way needed for number 9 had been obtained. Mr. Stiles stated that the Transportation Committee and Planning Commission were adament that this road be improved as soon as possible. Upon motion made by Rhoda W. Maddox and seconded by Robert M. Rhodes that Route 671 be moved from number 9 to number 1 in order that the work might proceed as soon as possible. The above motion was denied by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes and Rhoda W. Maddox. Nay - Will L. Owings, David L. Smith and C. William Orndoff, Jr. Upon motion made by Robert M. Rhodes and seconded by Rhoda W. Maddox that Route 671 be moved from number 9 to number 2 in order that the work might proceed as soon as possible. 851 620 end The above motion was denied by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes and Rhoda W. Maddox. Nay - Will L. Owings, David L. Smith and C. William Orndoff, Jr. This request for change in rank will be considered next March by the Transportation Committee. Mr. Rhodes requested that Route 654 be addressed and moved up on the list. Mr. Rhodes also requested that another traffic count be conducted on Route 629. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously that Route 629 be added as number 22 on this list from Route 631 to Route 625. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, to approve the RECOMMENDED SIX YEAR NEW HARDSURFACE ROAD IMPROVEMENT PLAN AND BRIDGE AND OTHER SECONDARY ROAD PROJECT RECOMMENDATIONS: Rank Route From To 1. 728 758 end 2. 673 739 739E 3. 851 620 end 4. 655 719 O pequon Creek 5. 669 11 671 6. 680 .5 mi. N50 .8 mi. N50 7. 619 622 608 8. 638 759 725 9. 671 740 681 10. 666 664 761 422 11. 629 622 608 12. 696 522 694 13. 676 671 677 14. 636 640 641 15. 668 11 671 16. 661 660 659 17. 649 648 625 18. 635 634 627 19. 636 641 641N 20. 809 817 end 21. 654 .5 mi. S803 1.5 mi. S803 The Committee recognized that Routes 624, 660 and 694 listed on the current plan are in progress and should be completed before this list of projects is started. Bridge and Other Secondary Road Project Recommendations 1. Bridge improvements were recommended by the Committee to be left up to the discretion of the Virginia Department of Highways and Transporta- tion. 2. The Committee recommended that the Virginia Department of Highways and Transportation study the drainage problem on Route 764 (Lee Avenue) North of the Winchester City Limits and recommended that minor improve- ments be made if possible. 3. The Committee recommended that the Virginia Department of Highways and Transportation study Route 608 and advise the Committee regarding road _. improvements for Route 608 for the 1986 Plan Update process. 4. The Committee recommended that minor improvements be made to improve poor curves on Route 672 between Routes 661 and 739. REZONING #003 -84 - THOMAS AND BARBARA CONRAD - OPEQUON MAGISTERIAL DISTRICT - WITHDRAWN The rezoning request #003 -84 of Thomas and Barbara Conrad, Bon Air Homes, Stephens City, Virginia, to rezone 10.312 acres from A -2 (Agricul- tural- General) to B -2 (Business - General) was withdrawn. This property is identified on Tax Map 85 as Parcel Numbers 62, 66 and 67 in the Opequon Magisterial District. ROAD NAME REQUEST - ROUTE 728 TO BE CHANGED - APPROVED Mr. Horne stated that the property owners who currently own property along Route 728 in the County are requesting that this road be officially renamed "Victory Lane ". Upon motion made by David L. Smith, seconded by Robert M. Rhodes and passed unanimously, that Route 728 be officially renamed "Victory Lane ". CODE AND ORDINANCE COMMITTEE REPORT Mr. Robert Rhodes, Chairman of the Code and Ordinance Committee, presented the following report: The Code and Ordinance Committee met on Monday, May 7, 1984, at 11:30 A.M., with all members present. The Committee submits the following report: Discussion of Carrying Loaded Weapons in Vehicle The Committee discussed this issue and came to the same conclusion as the Law Enforcement and Courts Committee. The enforcement aspect again presented the most concern to Committee Members. The Committee took no action on this request. There was no action taken. Discussion of Ordinance Dealing with the Regulation and Importation of and Disposal of Diseased Fowls The Committee reviewed the proposed Ordinance and recommends approval of same. This was done earlier in the meeting under "Public Hearing ". JAMES WOOD HIGH SCHOOL CONCERT CHOIR TO VISIT WINCHESTER, ENGLAND Mr. Stiles stated that he had received a letter from Ms. Susan Chewning stating that the James Wood High School Concert Choir was going to Winchester, England on June 14 and she would like to know if the Board would be interested in sending a gift to England with the choir. The Board requested that Mr. Riley handle this request. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. n Z) - d-1 - �C_ h irman, Boar f Supervisors erk, Board of upervisors