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HomeMy WebLinkAboutApril 10, 1996 Regular Meeting 546 A Regular Meeting of the Frederick County Board of Supervisors was held on April 10, 1996, at 7:15 p.m., in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Chairman James L. Longerbeam; W. Harrington Smith, Jr.; Richard C. Shickle; Robert M. Sager; Margaret B. Douglas; and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Ruth Crum Stotler of The Church of the Good Shepherd. ADOPTION OF AGENDA Mr. Riley requested that numbers I and 2 under County Officials be pulled as both individuals had a scheduling conflict and will reschedule at a later date. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, the agenda was adopted as amended by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Closing of County Offices for Apple Blossom Festival - Tab C; 2. Proclamation Re: Multiple Sclerosis Awareness Month - Tab D; 3. Proclamation Re: KOVAR Tootsie Roll Weekend - Tab E; 4. Proclamation Re: Youth Appreciation Day - Tab F; 5. Memorandum Re: Upcoming Shawnee-Land Sanitary District Advisory Committee Appointments - Tab H; 6. Virginia Employment Commissions Plan of Service for 1996 for Service Delivery Area IV - Tab K; 7. Subdivision Application - Premier Place - Tab Q; 8. Transportation Committee Report - Tab R; 9. Parks and Recreation Commission Report - Tab S; 10. Code and Ordinance Committee Report - Tab T; 11. Public Works Committee Report - Tab U; 12. Departmental Annual Work Programs - Tab V; Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the above tabs were approved under the consent agenda by the following recorded vote: 547 James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Mr. Roger Koontz, Gainesboro District, asked the Board to reconsider their earlier action herein they stated the Frederick County School Board Administrative Offices would be moving om their present location to the new county administrative building downtown. He has felt from he beginning this would be a mistake and his feelings have not changed. Paul Anderson, Back Creek District, appeared before the Board to address the salaries of oard members. He feels this is definitely something that needs to be looked into as he feels the . ority of the citizens do not realize how much time board members spend being a board member d how little they are compensated. MINUTES OF FEBRUARY 28. 1996 - APPROVED AS AMENDED Mr. Shickle requested that on page 8 the following sentence be amended: Mr. Shickle questioned the access road. Should read: Mr. Shickle asked if the access road would be built in the initial state. Mr. Wyatt answered yes." Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, the minutes fthe regular meeting of February 28, 1996 were approved as amended by the following recorded ote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye MINUTES OF MARCH 13. 1996 - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the inutes of the regular meeting of March 13, 1996 were approved as submitted by the following ecorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye GARY DE OMS. EXTENSION AGENT. TO INTRODUCE MRS. DORIS TRANT. EXTENSION AGENT. FAMILY AND CONSUMER SCIENCES - PULLED DUE TO CONFLICT IN SCHEDULING JAMES D. CAMPBELL. EXECUTIVE DIRECTOR. VIRGINIA ASSOCIATION OF COUNTIES TO ADDRESS THE BOARD RE: V ACO ACTIVITIES - PULLED 548 DUE TO CONFLICT IN SCHEDULING CLOSING OF COUNTY OFFICES FOR APPLE BLOSSOM FESTIVAL - APPROVED UNDER CONSENT AGENDA All county offices will close on Friday, May 3, 1996 in observance of the annual Apple Blossom Festival. PROCLAMATION RECOGNIZING AND COMMEMORATING THE FIFTIETH YEAR OF THE INCORPORATION OF THE NATIONAL MULTIPLE SCLEROSIS SOCIETY AND HONORING ITS FOUNDER. SYLVIA LAWRY- APPROVED UNDER CONSENT AGENDA WHEREAS, multiple sclerosis (MS) is the most common disabling neurological disease of young adults in this country, affecting one-third ofa million nationwide, and more than 1600 in Western Virginia alone; WHEREAS, the National MS Society has provided more than $189 million for biomedical research and fellowship grants in the past fifty years; WHEREAS, the Blue Ridge Chapter of the National MS Society provides a wide range of client services in the areas of health, knowledge and independence throughout Western Virginia; and WHEREAS, research advances have now brought us closer than ever to finding a cause and a means of preventing MS and arresting its progress; NOW, THEREFORE, BE IT RESOLVED, that we pause in our deliberations to recognize and commemorate the month of May, 1996, as Multiple Sclerosis Awareness Month in honor of Sylvia Lawry and the achievements of the national MS Society in helping individuals living with MS, and to encourage the National MS Society in the pursuit of its mission of advancing the cure, prevention and treatment of MS, and improving the lives of those affected by this devastating disease; and be it FURTHER RESOLVED, that a copy of this resolution, suitably engrossed, be transmitted to the Blue Ridge Chapter of the National MS Society. PROCLAMATION - KOVAR TOOTSIE ROLL WEEKEND - APPROVED UNDER CONSENT AGENDA WHEREAS, some of our most valued citizens, our retarded brothers and sisters, are in need of help from their fellow citizens; and WHEREAS, the 10,000 Knights of Columbus in Virginia, in their charitable and patriotic role as sponsors ofKOV AR (The Knights of Virginia Assistance for the Retarded) have donated more than $4,500,000 since 1972 for allocation to 100 ongoing organizations effectively assisting the retarded; and WHEREAS, the efforts of the Knights of Columbus have resulted in more than $140,000 in grants to local organizations, including Northwestern Workshop, Grafton School, the Association for Retarded Citizens of Winchester /Frederick County, and Shenandoah Community Residences; and WHEREAS, in last years Tootsie Roll Weekend, Virginia Knights and their families raised over $400,000 and set their 1996 goal at $445,000; NOW, THEREFORE, BE IT RESOLVED, that, as Chairman of the Frederick County Board of Supervisors, I do proclaim April 18 - April 21, 1996 as KOVAR TOOTS IE ROLL WEEKEND in Frederick County and urge all citizens of the county to support this worthy cause. ADOPTED this 10th day of April, 1996. PROCLAMATION - YOUTH APPRECIATION DAY - APPROVED UNDER CONSENT AGENDA WHEREAS, April 13, 1996, has been designated by the Optimist Club of Winchester as Youth Appreciation Day; and 549 d WHEREAS, the development of our youth of today will build the leadership of tomorrow; WHEREAS, the vast majority of our youth provide services to the betterment of our ommunity through participation and leadership in a variety of school, community and religious ctivities; and WHEREAS, the Optimist Club of Winchester is bringing these achievements and deeds to he attention of others; and WHEREAS, Youth Appreciation Day provides us with an excellent opportunity to recognize hese dedicated youths and thank them for their endeavors; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of upervisors proclaims Saturday, April 13, 1996 as Optimist Youth Appreciation Day in Frederick ounty, Virginia, and calls this observance to the attention of all our citizens; and BE IT FURTHER RESOLVED, that by this action, the Frederick County Board of upervisors publicly expresses its confidence in the ability oftoday's youth as they assume responsible oles in the future of humankind. ADOPTED this 10th day of April, 1996. KATIE WISECARVER APPOINTED TO LORD FAIRFAX HEALTH DISTRICT SERVICES ADVISORY BOARD Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., Katie lsecarver was appointed to the Lord Fairfax Health District Services Advisory Board for a four year erm. This term will commence on April 10, 1996 and terminate on April 10, 2000. KATHY NERANGIS. REAPPOINTED TO THE LORD FAIRFAX COMMUNITY COLLEGE BOARD Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Kathy erangis was reappointed to the Lord Fairfax Community College Board for a four year term. This erm will commence on July 1, 1996 and end on June 30, 2000. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye ALEX M. THOMPSON REAPPOINTED TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Alex M. ompson was reappointed to the Winchester Regional Airport Authority for a four year term. This erm will commence on July 1, 1996 and terminate on June 30,2000. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye REOVE~T FOR APPROVAL OF NAMES TO BE PLACED ON THE 550 SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE BALLOT FOR UPCOMING VACANCIES - APPROVED UNDER CONSENT AGENDA The following names were submitted for review by the Board: Jeanne Buchmoyer Anna Campbell Larry H. DeHaven Dennis White TRISH STILES NOMINA TED TO STONEWALL DISTRICT SCHOOL BOARD SEAT TO FILL UNEXPIRED TERM OF CHARLES HOTT Mr. Orndoff explained that the seat on the school board from Stonewall District will expire on June 30, 1996, and given the fact that school board seats are now elected rather than appointed by the board of supervisors, he needs to nominate someone to fill this seat until December 31, 1997 when his term will expire on the board of supervisors. He further explained that he has given this a lot of thought and has spoken with Charles Hott the current member as to whether or not he plans on seeking reelection in November 1997 and he has indicated he does not. Based on this fact he placed the name of Mrs. Trish Stiles in nomination for this seat on the school board. This nomination will have a public hearing at the first board meeting in May and the vote will take place at the next regularly scheduled board meeting. FISCAL YEAR 1996-1997 BUDGET RESOLUTION - APPROVED WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 27, 1996, in accordance with Title 15.1, Chapter 4, Section 15.1- 162, of the Code of Virginia, 1950 as amended. THEREFORE BE IT FURTHER RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 1996-97 fiscal year as advertised in The Winchester Star on March 15, 1996, as amended be hereby approved in the amount of $115,029,790. WHEREAS, the difference in the proposed budget and approved budget represents $252,023 additional state funds for the School Operating Fund. BE IT FURTHER RESOLVED, that the County of Frederick budget for the 1996-97 fiscal year be adopted as follows: General Operating Fund: General and Financial Admin Judicial Administration Public Safety Public Works Health/W elfare Education - Community College Parks, Recreation & Cultural Community Development Non-Departmental Expenses Regional Jail Fund Landfill Fund Division of Court Services Fund Shawneeland Sanitary District Fund School Operating Fund: Instruction Administration, Attendance & Health Pupil Transportation Operation and Maintenance Facilities Debt and Fund Transfers $ 2,855,862 74,390 5,796,436 2,294,858 2,459,861 34,160 ,606,141 ,305,290 923,500 4,359,085 4,094,400 739,043 371,481 40,540,022 2,566,621 3,187,619 5,367,964 25,100 493,944 551 Airport Operating Fund Airport Capital Outlay Larrick & Sides Trust Funds Redbud Run Elementary School Fund Senseny Road Elementary School Cap. Proj. Fund School Admin. Renovation Cap. Proj. Fund High School Expansion Cap. Proj. Fund New Stonewall Elementary School Cap. Proj. Fund SchoolCaf~eriaFund School Debt Service Fund School Textbook Fund Unemployment Compensation Fund 776,511 961,000 415 1,000,000 3,000,000 100,000 1,300,000 6,900,000 3,022,017 16,363,279 890,791 20,000 BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rate for the 1996 assessment year at a rate of .60~ to be applied to real estate, the rate of$4.25 to be applied to personal property, $2.25 applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Fire and Rescue Department, the rate of .425 to be applied to airplanes and zero tax to be applied to antique vehicles, the Business and Professional Occupational License rates are as follows: retail .20~ per $100 of gross receipts, professional services .58~ per $100 of gross receipts, personal and business .36~ per $100 of gross receipts, wholesale .05~ per $100 of purchases and the rate of$2.oo on declining values to be applied to machinery and tools. BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, health insurance fund and unemployment compensation fund equal to the total cash balance on hand at July 1, 1996, plus the otal amount of receipts for the fiscal year 1996-97. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the above udget resolution was approved as presented. Mr. Sager stated that he would like for the record to show that should any additional revenues ecome available he would request that the funding for two additional deputies within the Sheriffs epartment be considered at that time. Mr. Shickle stated that he would endorse Mr. Sager's suggestion. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION REGARDING INDUSTRIAL ACCESS ROAD. KOHL'S DISTRIBUTION CENTER - APPROVED WHEREAS, at the regular meeting of the Board of Supervisors for the County of Frederick, irginia, held on the 10th day of April, 1996, it was duly moved and seconded that the following esolution be adopted: WHEREAS, Kohl's has entered into a contractual agreement to purchase 59 acres of the Airport Business Center located in the County of Frederick and will soon enter a firm contract to construct a new distribution center (335,000 sq. Ft. expandable to 450,000 sq. ft.) To serve the Mid Atlantic region; and WHEREAS, this property is expected to be the site of new private capital investment in land, uilding ($10,000,000), and machinery and equipment ($10,000,000) and is expected to employ 300 persons initially to be doubled within a four-year period; and 552 WHEREAS, this distribution center will serve their estimated 20 new stores in Virginia employing a total of2,800 persons; and . WHEREAS, the property on which this facility will be located as no access to a public str~ or highway and requires the construction of a new roadway which would connect to Airport Road (State Route 645); and . WHEREAS, the County of Frederick hereby guarantees that the necessary right of way for this improvement and utility relocations or adjustments, if necessary, will be provided at no cost to the Industrial Access Fund use; NOW, THEREFORE, BE IT RESOLVED, that the County of Frederick hereby requests that the Commonwealth Transportation Board provide Industrial Access Road funding to provide an adequate road to this new distribution facility. This resolution was approved by the following recorded votes: REOUEST FOR SUPPLEMENTAL APPROPRIATION TO MATCH GOVERNORS OPPORTUNITY FUND FOR KOHL'S DEPARTMENT STORE DISTRIBUTION CENTER - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., to appropriate $350,000 from unreserved fund balance in order to match funds provided from the Governor's 'Opportunity Fund. These funds will be used by Kohl's Department Store to construct a 350,000 square foot distribution center in the Airport Business Park. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye VIRGINIA EMPLOYMENT COMMISSION'S PLAN OF SERVICE FOR 1996 FOR SERVICE DELIVERY AREA IV - APPROVED UNDER CONSENT AGENDA PUBLIC HEARING ITEMS: RESOLUTION - DEED OF CORRECTION FOR MIDDLETOWN SCHOOL PROPERTY When the Middletown School property was transferred in 1984 from the Frederick County School Board to the Frederick County Board of Supervisors, it appears "Parcel 3" containing 0.326 acres was not included. The following action is necessary in order that this might be corrected. BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby authorizes its Chairman, James L. Longerbeam, to execute on behalf of this Board, that certain Deed of Correction, b~een the County of Frederick, Virginia, Henrypyhenart and Co., Inc., a Vrrginia Cooperation, and Braddock Partnership, which said,DeedofCorrectionconverts that certain deed dated April 21, 1987, by and between the Comity of Frederick, Grantor, and Henry Oyhenart & Co., Inc, Grantee, and recorded in the Clerks Office of~ Circuit Court of Frederick County, Virginia, in Deed Book 645, Page 105, by incl.udlng'therein a reference to a Resolution of the County School Board of Frederick County duly adopted on March 16, 1987 and recorded in the aforesaid Clerks Office in Deed Book 641, Page 827. RESOLVED, this 10th day of April, 1996. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above 553 eed of Correction was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye AN ORDINANCE TO READOPT A VOLUNTARY SETTLEMENT AGREEMENT AND TO AUTHORIZE THE FILING OF A PETITION IN THE CIRCUIT COURT OF FREDERICK COUNTY FOR AN ORDER ESTABLISHING THE RIGHTS OF THE CITY AND COUNTY AS SET FORTH UNDER THE TERMS OF SAID AGREEMENT. PURSUANT TO SECTION 15.1-1167.1 OF THE CODE OF VIRGINIA (1950). AS AMENDED - APPROVED Mr. Riley presented this information to the Board. Mr. Shickle asked if this information had been presented to the Board before, and if so, was e wording the same as it is in this document. Mr. Riley replied yes. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the ordinance readopt a voluntary settlement agreement by the County of Frederick and the City of Winchester as approved as follows: Mr. Smith asked if the record would show that this document was approved on April 10, 1996 t 7:45 P.M. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye WHEREAS, on December 15, 1994, the City of Winchester (City) and the County of rederick (County) entered into a Voluntary Settlement Agreement (the Voluntary Settlement), as uthorized by Section 15.1-1167.1 of the Code of Virginia (1950), as amended; WHEREAS, the December 15, 1994, Voluntary Settlement Agreement included and uperseded the provisions of the September 14, 1994, Voluntary Settlement Agreement; WHEREAS, on July 13, 1995, the City and the County presented the Voluntary Settlement greement to the Commission on Local Government, which conducted a hearing as required by law d which issued its findings and recommendations in a report dated January, 1996; WHEREAS, the Commission found that the Voluntary Settlement Agreement would reserve and promote the viability of the City and the County and therefore is in the best interest of he Commonwealth; WHEREAS, Section 15.1-1167.1 of the Code of Virginia, (1950), as amended, requires the ity and the County, subsequent to the Commissions review, to approve the Voluntary Settlement greement or a modified version thereof, by an ordinance passed by a recorded vote of a majority f the members of each governing body after a duly advertised public hearing; and WHEREAS, the City and the County now propose to readopt and reaffirm the Voluntary ettlement Agreement which provides for a waiver of City annexation rights from February 20, 1980, tit January 1, 2006, for a waiver of County immunity rights from February 20, 1980, until January , 2006, and for the retention and construction of certain County offices at locations within the City, d for other terms and conditions; 554 NOW, THEREFORE, be it ordained by the Board of Supervisors of the County of Frederick, Virginia, that: 1) The Board of Supervisors by this Ordinance approves and adopts the Voluntary Settlement Agreement, a copy of which is attached hereto, and hereby authorized and directs its Chairman to execute the Voluntary Settlement Agreement on behalf of the County. 2) The Board of Supervisors hereby authorizes the County Administrator and its special legal counsel, C. Richard Cranwell, Esquire, to petition the Circuit Court of Frederick County for an order, pursuant to Section 15.1-1167.1 of the Code of Virginia (1950), as amended, affirming and validating the Voluntary Settlement Agreement and establishing the rights of each locality as set forth under the terms of the Voluntary Settlement Agreement. 3) The County Administrator shall take all other actions as may be needed to obtain the necessary court approval of the Voluntary Settlement Agreement. 4) This Ordinance shall be in full force and effect on the date of its adoption. Approved this 10th day of April, 1996. PLANNING COMMISSION BUSINESS: PUBLIC HEARING: PUBLIC HEARING - CONDITIONAL USE PERMIT #001-96 OF HOWARD A. POHN FOR A COTTAGE OCCUPATION BLACKSMITH SHOP IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Wayne Miller, zoning administrator, presented this request to the Board, noting that staff and planning commission recommended approval with conditions. The was no public input. Upon motion made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., conditional use permit #001-96 of Howard A. & Sheila A. Pohn was approved with conditions as noted. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shiclde - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - ESTABLISHMENT OF A VESTED RIGHTS POLICY STATEMENT FOR FREDERICK COUNTY - APPROVED Mr. Evan Wyatt, planner II, presented this information to the board. There was no public input. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the following resolution was approved. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shiclde - Aye I ; f 'l.ll 555 Charles W. Orndoff, Sr. - Aye WHEREAS, residential, commercial and industrial development within Frederick County Virginia, is continuing at a significant rate; and, , WHEREAS, the Frederick County Board of Supervisors continues to develop policies to address the management of growth in the community; and, WHEREAS, the Frederick County Board of Supervisors believes that the establishment of a Vested Rights Policy Statement will provide a valuable planning tool for County Officials and property developers within Frederick County; and, WHEREAS, the Frederick County Board of Supervisors believes that the establishment of a Vested Rights Policy Statement will initiate a technique for consistent decision making regarding development and design issues. THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors endorses the adoption ofa Vested Rights Policy Statement for Frederick County, Virginia. VESTED RIGHTS POLICY STATEMENT FOR FREDERICK COUNTY, VA The information set forth in this document is intended to define the requirements of the Code of Frederick Coun1y that maintain a vested right when provided on a legally approved development plan, or a legally approved and recorded plat. It is envisioned that these requirements be vested perpetually unless future legislative actions at the State or Federal levels mandate otherwise. 1) a) Master Development Plans: Overall land use plans shall be vested when depicted on an approved master development plan. b) Proposed residential densities, the type of residential dwelling, the number of residential dwellings within various development phases, and commercial or industrial floor to area ratios (FAR) shall be vested if the appropriate terminology and numeric information is clearly depicted on an approved master development plan. Proposed widths for required buffers shall be vested if the appropriate terminology and numeric information is clearly depicted on an approved master development plan. However, requirements for screening shall be required as mandated by the current ordinance. Percentages or acreage of required common open space and recreational areas shall be vested if the appropriate terminology and numeric information is clearly depicted on an approved master development plan. The number of recreational areas designated on an approved master development plan shall be vested. However, required recreational amenities and installation specifications shall be mandated by current ordinance requirements. Subdivision Design Plans: The use of each parcel and the number of lots in each use shall be vested when depicted on an approved subdivision plan. The location and acreage of each parcel ofland dedicated for common open space or for public use shall be vested if the appropriate terminology and numeric information is clearly depicted on the approved subdivision design plan. The location and width of all road right-of-ways provided on an approved subdivision plan shall be vested provided that the road classification and numeric information is clearly depicted. c) d) e) 2) a) b) c) 3) a) Subdivision Plats: The location of setback lines shall be vested if the appropriate terminology and numeric information is clearly depicted on a subdivision plat that is legally approved and recorded. b)The location and design of proposed buffers and screening shall be vested if the 556 c) d) e) appropriate terminology and numeric information is clearly depicted on a subdivision plat that is legally approved and recorded. The location and acreage of each parcel of land dedicated for common open space or for public use shall be vested ifit is consistent with the approved subdivision plan, and if the appropriate terminology and numeric information is clearly depicted on a subdivision plat that is legally approved and recorded. The location and width of all road right-of-ways shall be vested if the information is consistent with the approved subdivision plan, and if the appropriate road classification and numeric information is clearly depicted on a subdivision plat that is legally approved and recorded. 4) a) The allowable density which results from future subdivisions of a parent tract shall be vested if the appropnate terminology and numeric information is clearly depicted on a subdivision plat that is legally approved and recorded. Site Development Plans: All requirements provided on an approved site development plan shall be valid for five years from the official approval date of the plan. The requirements provided on an approved site development plan shall only be vested if building permits have been issued prior to the date of site plan expiration. b) Site plans shall be allowed to be approved for phased development. In the event that outstanding phases are not developed when the expiration date of a site development plan is realized, all requirements associated with the individual phases shall only be vested if building permits have been issued for the individual phases by Frederick County. Site development plans that have been submitted for review but have not received official approval from Frederick County shall not be vested from new design requirements or from new performance standards. End of Public Hearin2 Items c) MASTER DEVELOPMENT PLAN - PRESTON PLACE. PHASE TWO (TABLED FROM BOARD OF SUPERVISORS MEETING OF MARCH 13. 1996) - TABLED UNTIL PLAN OF ACTION IS SUBMITTED BY OWNERS OF PRESTON PLACE Mr. Evan Wyatt presented this request to the Board noting that this revised master development plan is proposed to once again change the housing type from townhouses to garden apartments. He further noted that the planning commission had discussed this proposal with the applicant during an informal discussion and indicated that this change was consistent with previous development patterns. Mr. Longerbeam asked who was present, on behalf of Preston Place, that could answer questions that were raised at the last board meeting concerning the many calls to this location by the county sheriff's department. Mr. Gary Rooney appeared before the Board on behalf of the owner, stating that he was presently out of the country. Mr. Longerbeam asked Mr. Rooney ifhe felt he was in a position to answer the question concerning the calls. Mr. Rooney replied yes he felt he was, and at this time proceeded to address the list of calls that had been presented to the board members. Mr. Longerbeam asked Mr. Rooney ifthere is a plan in place to address these calls. 557 Mr. Rooney replied that he felt these were just routine calls, nothing out of the ordinary. Mr. Smith stated that he felt 459 calls within a fourteen month period, with none of these - being for civil papers, and over 700 calls from the time Preston Place has been in operation, was excessive. Ms. Tara Hollerin, district manager, for Boston Financial Property Management, appeared before the Board and stated that she did not really feel, given the fact that you are talking about 120 to 180 apartments, that these calls were excessive. Mr. Smith compared the 800 or so homes in the Lakeside area and there have been no where near these many calls to the sheriff's department. The board discussed with Ms. Hollerin the nature of the calls. She stated that past due rent notices were submitted by Sheriff's Department by Preston Place and in turn served on the tenants by the Sheriff's Department. Ms. Hollerin told the Board the fence in question around the property would be completed. Mr. Sager asked Ms. Hollerin if she was aware of a stabbing that was supposed to have taken place at Preston Place last week. Ms. Hollerin replied no she was not. Mr. Smith explained that he is not happy with what has been happening at this location for many reasons, but especially with regard to all the calls to the sheriff's department. He further explained that he plans to make a motion that this request be denied as he feels the plan should remain townhouses only, as was the plan in the begining. Mrs. Douglas noted that on the sheriff's department report it shows that calls were received for asthma and chest pain and she was curious as to why these calls would go to the sheriff's department. Ms. Hollerin stated that is a call that is generated by the residents. Mr. Shickle asked how management handled loud music calls. Ms. Hollerin explained that after three complaints during a twenty-one day period and the tenants are out. Mr. Shickle asked Ms. Hollerin about the change in housing whether she felt it would make the situation worse. Ms. Hollerin replied no she did not feel things would be worse. Mr. Longerbeam stated that he has been doing some figuring while others were speaking, and he estimates it cost approximately $15,000 per year, this is not including any fringe benefits, etc. for the calls that are being made just to Preston Place. He feels until such time as a plan is submitted by Preston Place wherein they spell out how they plan to maintain better control, and 558 show how a cut back can be made on all these calls to the sheriff's department, this request will remain tabled. He feels this is an internal responsibility of Preston Place therefore making it the responsibility of Ms. Hollerin and Boston Financial. Mr. Shickle stated that he agrees with Mr. Longerbeam for this way it gives management, as well as the residents, a chance to make improvements at Preston Place, but ifit is denied as Mr. Smith has suggested then no improvements will be made which he feels is not the way this should be handled. Mr. Shickle moved to table this request and Mr. Sager seconded, and in doing so he stated that he was not sure the Board got what they had previously asked for. He explained that the Board had asked for a plan that would outline solutions to the problems that have existed and continue to exist at Preston Place and he does not feel that was presented to the Board. Mr. Longerbeam explained to Ms. Hollerin that this plan should come from their corporate headquarters outlining a security plan, policing plan etc. Master Development Plan - Preston Place, Phase Two is hereby tabled until the plans as discussed above by the board members and Ms. Hollerin is forthcoming. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye SUBDIVISION APPLICATION #002-96. PROPERTY In NUMBER 64-A-IOA. FOR PREMIER PLACE LOCATED IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED UNDER CONSENT AGENDA End of Planninl! Commission Business COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Frederick County Transportation Committee considered a request from the residents of Westmoreland Drive within the FredericktownelFredericktowne Estates subdivision to implement the Virginia Department of Transportations No Through Truck Traffic Policy. The Virginia Department of Transportation requires the local governing body to endorse this policy before they will begin the process. The Transportation Committee did not believe that this was the appropriate course of action for several reasons and recommended denial of the request. The Transportation Committee recommended that representatives from the Virginia Department of Transportation work with the citizens along Westmoreland Drive to create a series off our way stops at strategic intersections and determine methods to draw attention to areas of poor visibility created by the grade of the road. The Transportation Committee .also recommended that the citizens of Westmoreland Drive petition the State Police Department for assistance in neighborhood patrols and that the citizens work with the Sheriffs Department to determine ways to educate neighbors that use excessive speed. The citizens that attended the meeting agreed that the majority of the violators were neighbors and that they realized that the No Through Truck Traffic Policy was a long shot. However, they also felt that it was the most effective way to begin a dialogue with the Virginia Department of Transportation, the enforcement community and the county. The citizens attending the meeting appeared to be receptive to the ideas that were recommended by the Transportation 559 Committee. No further requests were considered by the Transportation Committee. PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on March 19, 1996. Members present were: Robert Roper, Charles Sandy, Timothy Hockman, Steven Spitzer, Robert Hartman, Jane Vickers, and Margaret Douglas. The following item was submitted for the boards information only: Bluemont Concert Series Mr. Sandy moved that the staffwrite a letter to the Bluemont Concert Services explaining the commission can no longer support their activity due to budget constraints, and to contact the department in the future for possible support, seconded by Mr. Hockman, carried unanimously. CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Code and Ordinance Committee met on Monday, April I, 1996, 8:30AM., in the Conference Area of the County Administrators Office, 107 North Kent Street, Third Floor, Wmchester, Vlfginia. Present were Chairman of the Committee Richard C. Shickle, and committee members Robert M. Sager and Stephen G.Butler. Also present were Sheriff Robert T. Williamson, Major Alvin Johnson, Commissioner of the Revenue Ellen E. Murphy, County Attorney Lawrence R Ambrogi, and County Administrator John R. Riley, Jr. Committee members Patricia F. Scheder and Michael L. Bryan were absent. The following items were submitted for the boards information only: Discussion of Pro Dosed County Code Chanl!e for Junk Dealers and Pawn Brokers The Sheriff presented the attached change to the Code and Ordinance Committee with reference to pawn brokers. The committee discussed said change with the county attorney and directed that he review and prepare a final draft for consideration by the committee at its next meeting. Discussion of Noise Ordinance and Barkinl! DOl! Ordinance The chairman of the committee questioned the validity and effectiveness of the current noise and barking dog ordinance. Law enforcement personnel indicated that the current form and limited coverage (only certain zoned subdivisions) make the code extremely difficult to interpret and enforce. The committee directed that both ordinances be presented at the next meeting for discussion. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, March 26, 1996, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members James T. Vickers, Trrn Wilson, Thomas Offutt and Karen Kober; County Administrator, John R. Riley, Jr., and Director of Public Works, Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and required board action: Nil!ht DeDositorv in Treasurer's New Office The Frederick County Treasurer, Mr. C. William Orndoff, Jr., requested that a night depository box (letter drop) be added to the new building space to be occupied by the Treasurers office. The attached plans provided by the LeFebure Company delineates the proposed night drop box. The Shockeys Company has provided a quote of $2,340 to install this unit during construction of the new office building. W. Harrington Smith, Jr. made a motion to approve this request. The motion was seconded by Jim Wilson and unanimously approved by the committee. (See attachment 1) AcceDtance of Tire Shred 560 The February 22, 1996 committee meeting incorrectly identified the Planning Districts from which tire shred will be accepted. The approved districts shall be 6 and 7 rather than 7 and 9. A motion was made by W. Harrington Smith, Jr. and seconded by Jim Wilson to approve this correction. The motion was unanimously approved. The following items were submitted for the boards information only: Status of Construction Demolition Debris (CDm Landfill The Director of Public Works reported that the Part A application for the new CDD landfill has been approved by the Department of Environmental Quality (D.E.Q.). The Part B design has been initiated with a target completion date of July 1, 1996. The director indicated that we plan to commence rough grading on or about August 1, 1996. In addition, he is optimistic that a final permit will be received from DEQ on or about January 1, 1997. UDdate on Sand Contract for Cell D. New Landfill The contract for supplying the leachate collection sand was awarded to Atlantic State Materials of Virginia, Inc. on March 1, 1996. To date, they have delivered approximately 8,500 tons. The sand is being hauled from the Fredericksburg area at a cost of $13.10 per ton. This rate represents a slight increase over the $12.45 per ton unit rate contracted in 1994. Miscellaneous ReDorts a. Animal Shelter Report (see Attachment 2); b. Recycling Report (see Attachment 3); and c. Tonnage Report (see Attachment 4). DEPARTMENTAL ANNUAL WORK PROGRAMS - APPROVED UNDER CONSENT AGENDA BOARD OF SUPERVISORS COMMENTS No board member spoke at this time. EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Board retired into executive session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection (A), (3) and (7) to discuss Acquisition and Disposition of Real Estate and Legal Issues. Mr. Riley requested that Subsection 1 and 5 be added - Personnel and Discussion of a Industrial Prospect. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Board withdrew from executive session. The above motion was approved by the following recorded vote: 561 James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sa~er - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. ~ i .-/