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HomeMy WebLinkAboutOctober 13, 1999 Regular Meeting 338 A Regular Meeting of the Frederick County Board of Supervisors was held on October 13, 1999, at 7: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman James L. Longerbeam; Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; and Margaret B. Douglas. ABSENT Richard C. Shickle as he was out of town. CALL TO ORDER Chairman Longerbeam called the meeting to order. INVOCATION The invocation was delivered by Reverend Kevin E. Wilson of the Methodist Episcopal Church. ADOPTION OF AGENDA County Administrator Riley explained that the board would need to ratify the Resolution for Declaration of Local Emergency enacted on October 1, due to the rock slide on Route 704 in Back Creek District. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the agenda was adopted as amended by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Absent W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA County Administrator Riley suggested the following tabs for approval under the consent agenda: 1. Cancellation of Board Meetings during 1999 Holiday Season - Tab B. 2. Resolution Declaring November 8, 1999 as Community and Regional Planning Day- TabC; 3. Road Resolutions: (a) Starfort Subdivision, Section II, (b) Hill Valley Subdivision, Section 1-4, ( c) Chapel Hill Subdivision, Section I. - Tab I; Board of Supervisors Meeting of 10/13/99 Minute Book Number 26 339 4. Parks and Recreation Commission Report - Tab J. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the consent agenda, as noted above, was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Absent W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Tom Stephenson, resident of Stonewall District, appeared before the board to thank them and the Virginia Department of Transportation for their assistance in expediting the repair and widening of Route 323 and Interstate 81, in addition to the widening of the bridge at this interchange; however, the citizens have not changed their opinion about not wanting an additional truck stop in this area. He further advised the board of a public hearing scheduled for October 26, at the Stonewall Elementary School for further discussion of the "Mr. Fuel" permit. This public hearing is being conducted by EP A. COMMITTEE APPOINTMENTS There were no committee appointments at this time. CANCELLATION OF BOARD MEETINGS DURING 1999 HOLIDAY SEASON - APPROVED UNDER CONSENT AGENDA The second board meetings for the month of November (24) and December (22) were canceled. RESOLUTION (#002-99) DECLARING NOVEMBER 8. 1999 AS COMMUNITY AND REGIONAL PLANNING DAY - APPROVED UNDER CONSENT AGENDA WHEREAS, November 8,1999 is the 50th Anniversary of WORLD TOWN PLANNING DAY; and WHEREAS, November 8 of each year has been celebrated as World Town Planning Day in many countries since its inception in 1949; and WHEREAS, The American Institute of Certified Planners (AICP) acting for the 11,000 members of the planning profession in America, a component of the 30,000 members American Planning Association, endorses World Town Planning Day as an opportunity to highlight the contributions, sound planning makes to the quality of our settlements and environment and to celebrate American accomplishments in making collective decisions concerning our cities and regions that bring quality and meaning to our lives; and WHEREAS, the celebration of World Town Planning Day gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the Board of Supervisors Meeting of 10/13/99 Miuute Book Number 26 340 County of Frederick; and WHEREAS, We recognize the many valuable contributions made by professional community and regional planners of the County of Frederick and extend our heartfelt thanks for the continued commitment to public service; NOW, THEREFORE, BE IT RESOLVED, that, November 8, 1999 is hereby designated as COMMUNITY AND REGIONAL PLANNING DAY in the County of Frederick in conjunction with the worldwide celebration of WORLD TOWN PLANNING DAY. Adopted this 13th Day of October 1999. REOUEST FROM DIVISION OF COURT SERVICES DIRECTOR FOR EXPENDITURE OF EXCESS REVENUE - APPROVED County Administrator Riley presented this request to the board advising that this expenditure is reserve funding for the purchase of 43 A1co-Sensor III units for distribution to the 18 law enforcement agencies within Old Dominion's service area. He further explained this expenditure of up to $17,000 has been approved by the Old Dominion ASAP Policy Board. The fact that the county finance committee is not scheduled to meet until November 17 is why this request is being brought directly to the board at this time. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the request ofthe Division of Court Services was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Absent W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#015-99) FOR DECLARATION OF LOCAL EMERGENCY - APPROVED WHEREAS, the Board of Supervisors of FREDERICK does hereby find that: 1. Due to a rock slide in the 1400 block ofRt. 704 Back Creek Road, the Citizens South ofthis rock slide were cut-off from emergency services. This rock slide also necessitated an emergency access road; 2. Due to the rock slide, a condition of extreme peril of life and property necessitates the proclamation of the existence of an emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED that an emergency now exists in the Gore area of said County of Frederick; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said emergency the powers, functions, and duties of the Director of Emergency Services and the Emergency Service organization of the County of Frederick shall be those prescribed by state law and the ordinances, resolutions, and approved plans of the County of Frederick in order to mitigate the effects of said emergency. Board of Supervisors Meeting of 10/13/99 Minute Book Number 26 341 Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff the above resolution was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, JI. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, SI. - Aye PUBLIC HEARINGS PUBLIC HEARING - SALE OF CERTAIN LOTS IN THE SHAWNEELAND SANITARY DISTRICT. THE BOARD OF SUPERVISORS WILL RECEIVE PUBLIC COMMENT ON THE SALE OF COUNTY OWNED PROPERTY LOCATED IN THE SHA WNEELAND SANITARY DISTRICT LYING AND BEING SITUATE IN THE BACK CREEK MAGISTERIAL DISTRICT. COUNTY OF FREDERICK. STATE OF VIRGINIA - APPROVED County Administrator Riley presented this request to the board explaining that this would be handled through the sealed bid process. There was no public input. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the above request approving the sale of the following lots was approved by the following recorded vote: The sale of county owned property located in the ShawneeLand Sanitary District, described as: Section Lot Section Lot Section Lot A 91 13 52 16 48 23 8 23 299 BB N 13 53 17 7 23 166 23 300 5 95 16 3 19 81 23 167 23 301 8 8 16 4 23 4 23 168 23 302 9 23 16 47 23 5 23 287 23 303 23 304 lying and being situate in the Back Creek Magisterial District, County of Frederick, State of Virginia. James L. Longerbeam - Aye Richard C. Shickle - Absent W. Harrington Smith, JI. - Aye Margaret B. Douglas - Aye Board of Supervisors Meeting of 10/13/99 Minute Book Number 26 34..2 ", ,I Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - 1999 CAPITAL FACILITIES FISCAL IMPACT MODEL UPDATE - APPROVED AS AMENDED Assistant Planning Director Evan Wyatt, again, presented this plan to the board explaining that the Capital Facilities Impact Model projects the gross potential costs ofthe facilities that would be needed to support a new development using various formulas and economic information. Credit is given for the projected revenues that would be generated by the development. Potential revenues are subtracted from the projected gross costs resulting in an actual projected net fiscal impact ofthe development on the county. Fiscal impact to facilities and services is currently calculated at 50% of the total impact for Public Schools and Parks and Recreation, and 100% of the total impact for all other modules within the model. The board of supervisors conditioned approval ofthe Capital Facilities Impact Model on an annual review in July of each year to determine an appropriate increase in the calculated percentage for Public Schools and Parks and Recreation impacts. Mr. Wyatt went on to explain that the scenario which demonstrated the greatest increase on a per lot basis was the comparison of a rezoning application which proposed only single family dwelling units. The 1999 Model Update would increase the per lot cost by $451.00 if applied at 50% for Public Schools and Parks and Recreation. It was recommended to the board of supervisors by staff that their update be presented to the board of supervisors in October of each calendar year. Robert Pownall, resident of Shawnee District, appeared before the board stating that he felt the 5% per lot increase needs to be higher. He feels it is just a matter oftime before the county will have no choice but to raise real estate taxes. He hopes the upcoming session of the General Assembly will address the area of increased growth within the state and enact laws that will help to slow growth. Discussion followed by board members as to what time of year this increase should be implemented and what the amount should be. Chairman Longerbeam felt the figures should be updated in October of each year, but not put into effect until the following July. Planning Director Kris Tierney emphasized the importance of using current data, and ifthe Board of Supervisors Meeting of 10/13/99 Minute Book Number 26 343 implementation of this plan is delayed the data will be a year old, which means we would not be working with current data. Mr. Tierney further explained to the board the importance of making a decision on this plan as soon as possible and not delaying it any further. There was no public input. Supervisor Smith moved to approve the plan with January 1 being the effective date. Supervisor Sager seconded the motion. Discussion continued about when and how much the increase would be; therefore, Supervisor Smith withdrew his motion and Supervisor Sager withdrew his second. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Capital Facilities Impact Model Update was approved with the increase per lot cost by 45% rather than 50%, with the effective date being January 1, 2000; however the builders will not see any increase until January 1,2001. The above amended motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Absent W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye OTHER PLANNING ITEMS RESOLUTION (#014-99) TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SUPPORTING A NEW MEDIAN CROSSING ON THE MILL WOOD PIKE (ROUTE 50 EAST) CORRIDOR - APPROVED Assistant Planning Director Evan Wyatt presented this resolution to the board. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the following resolution was approved: WHEREAS, the Frederick County Board of Supervisors approved a Master Development Plan for the Oakdale III, Raven Pointe, Raven Oaks, and Ravenwing developments on July 14, 1999; and, WHEREAS, the approved Master Development Plan incorporates the development of approximately two-thirds of a major collector road system, which will ultimately connect Millwood Pike (Route 50 East) with Senseny Road (Route 657) and the development of a median crossing on Millwood Pike; and, WHEREAS, the development ofthis major collector road system is an integral component of the Winchester Area Transportation Study (W ATS), and the Frederick County Comprehensive Policy Plan's Eastern Road Plan; and, WHEREAS, the development of a median crossing at the intersection ofthe major collector Board of Supervisors Meeting of 10/13/99 Minute Book Number 26 3.44 road system and Millwood Pike is necessary to facilitate safe and efficient traffic movement throughout this portion of the transportation network within Frederick County; NOW, THEREFORE, BE IT ORDAINED on this 13th day of October 1999, that the Frederick County Board of Supervisors does hereby support the development of a new median crossing on Millwood Pike which facilitates safe and efficient traffic movement for the major collector road system depicted on the Virginia Department of Transportation and Frederick County comprehensive transportation improvement plans. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Absent W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye NORTHEASTERN LAND USE STUDY DISCUSSION Assistant Planning Director Evan Wyatt presented this plan to the board, and in doing so explained that the Comprehensive Plans and Programs Subcommittee (CPPS) recommended a boundary area for the referenced land use study and a process to accomplish this project. He further advised that the CPPS requests that the board advise staff of revisions to this information, or if the board concurs with the study area boundary and process. A nine-step process for the Northeast Land Use Study was provided to the board. Supervisor Sager inquired as to whether the Sanitation Authority should be part of these discussions. Mr. Wyatt stated that he felt that was a good idea. Chairman Longerbeam advised that he felt the presentation was excellent and right on target. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT The Parks and Recreation Commission met on September 21, 1999. Members present were: Charles Sandy, Joyce Duvall, Cheryl Swartz, Paul Spain, Robert Hartman, Jane Vickers and Margaret Douglas. Submitted for Board Information Only: 1. Election of Vice Chairman - Mrs. Vickers nominated Mr. Hartman as Vice Chairman (to fill unexpired term created by Steve Spitzer's resignation), seconded by Mr. Spain, carried unanimously. 2. Committee Auuointments - Mr. Sandy announced the following appointments: CIP Committee - Paul Spain Public Relations Committee - Joyce - Duvall Chairman, Public Relations Committee - Jane Vickers Board of Supervisors Meeting of 10/13/99 Minute Book Number 26 345 Executive Committee - Robert Hartman BOARD OF SUPERVISORS COMMENTS Supervisor Orndoff explained, as the representative from Stonewall District, he had requested approximately $400,000 to be used for an engineering study ofthe bridge in the area of Rest Church Road and Interstate 81, and these funds were a part of the funds that were originally earmarked by the Virginia Department of Transportation and Frederick County for the extension of Jubal Early Drive. When the City of Winchester elected not to extend Jubal Early Drive he felt this would be an appropriate use ofthe funds. He further explained that during his twelve-year tenure on the board this is the first time he has requested specific funds for his district, and that he will not take a back seat to what the county transportation committee has recommended. Chairman Longerbeam stated that he agrees with Supervisor Orndoff. Chairman Longerbeam asked where the county is with the Land Use Study of Farm Land. He feels that a study should also include the numbers on proffers and the conditions the board applies to residential lots that have water and sewer is needed. He feels that it is getting pretty close to where you can do one as cheap as you can do the other, and this is a concern. If in fact this is what is happening, then it needs to be changed. County Administrator Riley explained this study was on track following the planning commission retreat last winter; however, the Northeastern Land Use Study took its place, and when it is completed the Farm Land Study will be back on schedule. Chairman Longerbeam feels the study should be done sooner rather than later. Planning Director Tierney advised this would be done after the first of the year. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (Time: 8:05 P.M.) /' / Y , James L. Lon erbeam Chairman, Board of Supervisors Joh,n.)l: Riley, Jr. Clerk, Board of Supervisors Board of Supervisors Meeting of t 0/13/99 Minute Book Number 26 346 Minutes Prepared By: ~;;;I{:~~;;~SS .:/;, '- r 1- (".~ Deputy Clerk, Board of Supervisors Board of Supervisors Meeting of 10/13/99 Minute Book Number 26