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HomeMy WebLinkAboutFebruary 22, 1995 Regular Meeting 209 A Regular Meeting of the Frederick County Board of supervi- sors was held on February 22, 1995, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Richard G. Dick, Chairman; W. Harrington Smith, Jr., Vice-Chairman; James L. Longerbeam; Robert M. Sager; Jimmie K. Ellington; and Charles W. orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Conrad J. Christianson of the Bethel Lutheran Church. ADOPTION OF AGENDA Mr. Dick stated that he had an item under "county Offi- cials". Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the agenda was adopted as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs be approved under the consent agenda: 1. Road Resolutions - Aviation Drive, Battleview Subdivi- sion: (1). Muse Drive, Johnston Drive, Forrest Drive, and McNeil Place. - Tab D; 2. Transportation Committee Report - Tab E; 3. Public Works Committee Report - Tab F; 4. Code and Ordinance Committee Report - Tab G. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the consent agenda was approved as noted above by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye 210 Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Mr. Dick Crane, representing the optimist Club, appeared before the Board to request that the Board declare April 1, 1995, as Youth Appreciation Day. This will be brought back to the Board at the next meeting with all of the pertinent information. MEETING TO BE HELD IN THE NEAR FU'l'URE WITH OFFICIALS FROM THE STATE AS WELL AS SOCIAL SERVICES TO RECEIVE INPUT FROM COUNTY CITIZENS REGARDING THE CIRCUMSTANCES SURROUNDING THE DEATH OF VALERIE SMELSER Mr. Dick stated that there had been a lot in the press concerning the circumstances surrounding the death of Valerie Smelser. He explained that a public meeting will be held in the near future wherein representatives from the county social services board, county administration and Delegate Brinkley'S Office will be present to explain certain details of this tragedy. He further stated that he thought there would be another group that would be holding a similar meeting in the near future also, which would give county citizens a chance to participate and make their feelings known. COMMITTEE APPOINTMENTS - NONE PUBLIC HEARING: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 118. NOISE: TO DELETE AND REPEAL CHAPTER 118 AND READOPT A NEW CHAPTER 118. NOISE - REFERRED BACK TO CODE AND ORDINANCE COMMITTEE Mr. Riley presented this ordinance amendment to the Board. Mr. Orndoff asked if trail rides would come under this ordinance. He has been asked this question by a county citizen that had participated in a trail ride and because music was being provided by a band, some neighbors felt it was too loud as well as the hour being too late and the Sheriff's Department was called. Sheriff Bob Williamson appearea before the Boara notinq 211 that the question of "noise" had been around for a long time. What might be noise to one person doesn't necessarily mean it is noise to another, therefore there is no answer to this ordinance that will make everyone happy. He discussed with the Board the word "unreasonable" as he has some real concerns with this term, and gave some examples of the various calls that his office receives with regard to the noise ordinance. Mr. Ambrogi, County Attorney, explained that this is a very difficult area, due to interpretation, and sometimes this is not defined until it goes before the judge. The following citizens appeared before the Board with reference to this ordinance: Walter S. Armel. Gainesboro District, asked about the wind blowing of leaves back and forth across a street. Alicia Carter Menefee. Gainesboro, felt that the state of Virginia is protecting gun clubs in as much as they are exempt from this ordinance, thus her reason for being at the meeting to discuss the unnecessary noise she felt the Winchester Gun Club generates from their location. Ronnie Wilkins, Shawnee District, felt the ordinance is too vague, referred to shooting matches and car racing as they both have hours they extend past 10 P.M., felt this needed to be looked into further. Les McKee. Gainesboro, has participated in trail rides for almost twenty years, and the citizens of Opequon III knew this when they started construction of their subdivision. Jeffrev Shell, stated that he felt everyone needed to be made aware of what is going to be in this ordinance. Ann Smith. Back Creek District, felt wording needed to be changed. She asked if the Sheriff would explain how the proce- dure works from the time his office receives a call concerning a complaint about noise. Dick Crane. Shawnee District, felt there needed to be less government, plus he felt this ordinance, as written, is too 212 vague and that the Sheriff had better things to do with his staff than answer noise complaints. Doua Cochran. stonewall District, felt this amendment request was brought about at this time because of the gun club and in his opinion less government is better government. Bob williamson. Back Creek District citizen, stated that as a citizen of the county at this point and not the Sheriff he felt everything said at this meeting is realistic and they are complaints. Jack Roberts. Shawnee District, felt 10 P.M. is a reasonable time, perhaps it could be extended for the weekends. Charles Llovd, lives approximately one mile from the location of the gun club and he disagreed with what had been said as far as the firing of guns at all hours of the night as this just does not happen. Mrs. Menefee stated that she was very comfortable with guns, but she definitely felt something needed to be done to curb the noise that comes from the site of the Winchester Gun Club, as well as the hours needed to be adjusted, especially on weekends and in the evening. Lee Collins, past president of the gun club, felt the question of not being allowed to fire guns on Sunday is ridiculous for if that would be implemented, it would bankrupt the club. He is not in agreement with some of the statements that Ms. Menefee has made about the gun club. Mr. Ellington stated that he felt if the noise coming from any site occurs on a continuing basis, and interferes with the neighborhood, then it should not be allowed. He further felt this ordinance needed to be reworded. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the amendment to the Noise Ordinance is referred back to the Code and Ordinance Committee for further study and recommendation back to the Board of supervisors. 213 The above motion was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Nay AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 158. VEHICLES AND TRAFFIC: ARTICLE III. COUNTY VEHICLE LICENSES: TO AMEND THE CODE BY THE ADDITION OF SECTION 158-9.1 FEES: EXEMPTIONS - APPROVED Mr. Sager noted that he would abstain from any discussion or vote on this amendment inasmuch as he is a veteran. There was no public input. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 158. VEHICLES AND TRAFFIC: ARTICLE III. COUNTY VEHICLE LICENSES: TO AMEND THE CODE BY THE ADDITION OF SECTION 158-9.1. FEES: EXEMPTIONS. THIS ORDINANCE AMENDMENT WILL ALLOW FOR THE EXEMPTION OF PURCHASING A COUNTY LICENSE (DECAL) FOR ONE MOTOR VEHICLE OWNED AND USED BY ANY DIS- ABLED VETERAN. BE IT ORDAINED, that Chapter 158, Vehicles and Traffic; Article III, County Vehicle Licenses; is hereby amended by the addition of Section 158-9.1, Fees; Exemptions to read as fol- lows: S 158-9.1 Fees; Exemptions. In accordance with the Code of Virginia, 1950, as amended, Section 46.2-755, Limitation on Imposition on Motor Vehi- cles, License Taxes and Fees; no county license fee shall be imposed for anyone motor vehicle owned and used person- ally by any veteran who holds a current state motor vehicle registration card establishing that he has received a disabled veteran's exemption from the Division of Motor Vehicles and has been issued a disabled veteran's motor vehicle license plate as prescribed in the Code of Virgin- ia, 1950, as amended, Section 46.2-739. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the above ordinance amendment was ap- proved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Abstained Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS: ROAD RESOLUTIONS: AVIATION DRIVE. BATTLEVIEW SUBDIVISION: MUSE DRIVE. JOHNSTON DRIVE. FORREST DRIVE. MCNEIL PLACE - APPROVED UNDER CONSENT AGENDA TRANSPORTATION COMMITTEE - APJ?~OVED UNDER CONSENT AGENDA 214 The Frederick County Transportation Committee conducted a meeting of February 14, 1995. During that meeting, the committee reviewed the proposed 1995 Primary Road Improvement Plan for Frederick County. This plan will be considered by the Board as a public hearing item during their regular meeting of March 8, 1995. The final version of this plan will be presented to the Commonwealth Transportation Board during the 1995 Preallocation Hearing to be held at the Augusta county Government Center on March 21, 1995. The committee also discussed potential projects that may qualify for 402 Funds. This is a Federal Program which is designed to provide "seed program monies" for the creation of educational programs, the training of safety personnel, and the purchase of various emergency services equipment. Mr. Robert Sager informed the committee that he was aware of an interest in this program by both the towns of Stephens City and Middletown. The committee stated that they would endorse each town's grant proposal, and instructed staff to assist the towns with the grant application process if necessary. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, February 8, 1995, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members Karen Kober, Dudley Rinker and Jim Wilson; Director of Public Works, Harvey E. Strawsnyder, Jr., P.E., and Landfill Manager, Steve Frye. The following items were discussed and required the board's action: Brush Grindina The result of the brush grinding RFP were presented by steve Frye, Landfill Manager, with a selection recommenda- tion. After a brief discussion, a motion was made by Dudley Rinker and seconded by Jim Wilson to approve the proposal submitted by S.W. Rodgers to grind our stockpiled brush. The motion was unanimously approved (see Attachment 1). TiDDina Fees for Sewaae Sludae A request was made by Steve Frye to consider reducing the tipping fees charged for sludge delivered from the Opequon Wastewater Treatment Plant. Steve explained that the sludge can be used on a daily basis to cover the working face of the trash. Also, he indicated that a portion of the sludge could be blended with our compost. He further indicated that the sludge with its 12 plus PH could be lightly applied to the closed out areas of the landfill in lieu of lime. Because of these potential uses, a recommen- dation was made by Steve Frye to reduce the tipping fee from $27.00 to $18.00 per ton. This recommendation was followed by a motion from Dudley Rinker to reduce the tipping fee charged for sludge disposal from $27.00 to $18.00 per ton. The motion was seconded by Jim Wilson and unanimously approved by the committee. Lot 99A ADDle Ridae/Lot 12 Sensenv Glen As a result of our January l~~5 committee meetinq, the Director of Public Works, was tasked with the responsibility 215 of contacting the developer of Senseny Glen and the builder associated with Lot 99A to request their assistance in resolving the drainage problem on Lot 99A. Consequently, letters were sent to Bowman and Glaize, and Washington Homes, Inc. requesting their financial assistance. The low bid presented in January was submitted by H & W Construction in the amount of $11,500. This amount was high- lighted in our January 12, correspondence to Bowman and Glaize and Washington Homes, Inc. To date, we have received a letter on behalf of Bowman and Glaize deClining our request to share in the costs of the drainage improvement project. No answer has been received from Washington Homes Inc., who has been less than responsive in returning our telephone calls. After discussing this issue, it was the general consensus of the committee that Frederick County should not set a prece- dent of correcting drainage problems without the involvement of the builder and/or developer that were responsible for the problem. Consequently, a motion was made by Jim Wilson to do nothing concerning the drainage improvement associated with Lot 99A, Apple Ridge Subdivision until such time that either the builder or developer or both are willing to contribute to resolving the problem. This motion was seconded by Dudley Rinker and unanimously approved by the committee. The following items were discussed and were submitted for the board's information only: Chanae Orders A memorandum prepared by Jim Doran, Director of Parks and Recreation, was presented to the committee requesting that a sliding scale rather than a blanket ten percent figure be adopted for change orders. The ten percent maximum limit had been previously adopted by the board. After reviewing this request, a motion was made by Dudley Rinker to uphold the previous ten percent authorization and reject the request for a sliding scale. This motion was seconded by W. Harrington smith, Jr. and unanimously approved by the committee. Design/Build RFP Draft copies of the design-build RFP for the new county office building were presented to each committee member for their review and comments. Any comments should be provided to Public Works on or before February 14, 1995. street Sian UDdate A contract has been awarded to McGrane Fence Co., Inc. for the street sign maintenance contract. They are currently in the process of ordering vandal proof hardware and new signs to replace the reported vandalized signs. To date, we have received reports of approximately 200 missing signs. Miscellaneous ReDOrts a. Animal Shelter Report (see Attachment 2); b. Recycling Report (see Attachment 3); and c. Tonnage Report (see Attachment 4). CODE AND ORDINANCE COMMI'rl'EE REPORT - APPROVED UNDER CONSENT AGENDA The Code and Ordinance Committee met on Monday, February 13, 1995, 4:00 P.M. in the Conference Room of 107 North Kent Street. Present were chairman of the committee Jimmie K. Ellington, committee members Robert M. Sager, Susan French, and 216 Patricia Scheder. Also present were Commonwealth's Attorney Lawrence R. Ambrogi, Sheriff Robert T. Williamson, President of the Fire and Rescue Association Perry Silva, Director of Fire and Rescue Services Tom Owens, Peter Mowitt and County Administrator John R. Riley, Jr. Committee member Stephen G. Butler was absent. The committee submits the following: Item Requiring Action Discussion of the Towns of Berrvville and Bovce and the County of Clarke Participating in the Cross- Jurisdictional Enforcement of Local Motor Vehicle Licensinq The committee reviewed and discussed the attached draft agreement and recommends that said draft be advertised for public hearing. Mr. Riley will inquire as to why Stephens City did not sign the agreement on delinquent payment. Discussion of Itinerant Merchants Licensinq Fee for Communitv Sanctioned Events The Commissioner of the Revenue presented her concerns with the application of Itinerant Merchants Licensing Fee to vendors that are selling their goods in conjunction with a community sanctioned event (i.e. Apple Blossom, Belle Grove Days, North-South Skirmish). The committee recommended that the code be drafted and advertised for public hearing that would exempt Itinerant Merchants from the current tax if they are participating in said event. Personal Propertv Taxes for Volunteer Fire and Rescue Personnel The committee reviewed the proposed amendment to correct the Frederick County Code authorizing tax relief for volunteer Firefighters and recommends that said ordinance be advertised for public hearing. The committee also recommends that the appropriate tax rate be advertised with the Frederick County FY 95-96 budget public hearing. BOARD OF SUPERVISORS COMMENTS Mr. Ellington stated that he had attended the county social Services Board meeting this date and it was announced at that time that Frederick County did not make any errors with reference to the Valerie Smelser case. UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY ROBERT K. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. ,,"~-_....,-.,~ sors