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April 26, 1995 Regular Meeting 273 A Regular Meeting of the Frederick County Board of Supervi- sors was held on April 26, 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; (was not present at start of meeting) 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 Kathleen Monge of the Burnt Factory Methodist Church. ADOPTION OF AGENDA Mr. Riley requested approval of a resolution (Kronenberger) as well as a brief executive session for discussion of a legal matter. Upon motion made by Robert M. Sager, seconded by Jimmie K. Ellington, the agenda was adopted as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Absent 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. REACT Month Proclamation - Tab Ci 2. Municipal Clerks Week Proclamation - Tab D; 3. Schedule Public Hearing for Planning commission Items - Tab Ei 4. Virginia Employment Commission 1995 Job Service Plan of Service for Service Delivery Area IV - Tab Fi 5. Approval of Resolution for Jack Kronenberger Item Number 8i 6. Deletion of a Road Name - Tab M; 7. Community Meeting - Round Hill Memorandum - Tab 0; 274 8. Finance Committee Report - Tab P; 9. Departmental Annual Work Programs - Tab Q. Upon motion made by Robert M. Sager, seconded by Jimmie K. Ellington, the consent agenda was approved as noted above by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Absent James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye SHENANDOAH GAS RECEIVES BOARD BUSINESS AWARD FOR APRIL. 1995 Mr. Ellington asked that Mr. Ken Beherens, district manager, for Shenandoah Gas to come forward at this time to receive the Board Business Award for April, 1995. CITIZEN COMMENTS No one appeared under citizen comments. MINUTES Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the regular meeting of March 28, 1995 were approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Absent James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye WILLIE DEMBECK APPOINTED TO LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL TO FILL UNEXPIRED TERM OF TOM PRICE Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, Willie Dembeck was appointed to the Lord Fairfax Emergency Medical Services Council to fill the unexpired term of Tom Price. This term will expire on June 30, 1997. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Absent James L. Longerbeam - Aye Robert M. Sager - Aye 275 Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye REACT MONTH PROCLAMATION - APPROVED UNDER CONSENT AGENDA WHEREAS, through REACT (Radio Emergency Associated Communi- cations Teams) over 8,000 members participate as volunteers to provide highway safety and emergency communications using their own two-way radios in their communitiesi and WHEREAS, Virginia REACT members have given over 112,439 man-hours monitoring citizens Band Radio emergency channel 9 and General Mobile Radio Service and handled over 16,604 calls for emergency and traveler's assistance during 1994. WHEREAS, WINCHESTER REACT TEAM, which has provided over 5,790 man-hours responding to emergency calls and 1653 man-hours supporting local organizations in their civic endeavors includ- ing the Apple Blossom festivities, Frederick County Fair, Round Hill Firefighters activities and the reenactments at Long Branch and Cedar Creek during 1994. WHEREAS, WINCHESTER REACT TEAM'S cumulative efforts, result in the saving of many lives annually, through the greater speed with which medical aid arrives at an accident scene, and better communications in time of natural disasters and inclement weatheri and the educational program to instruct the public in the proper use of Citizens Band Radio channel 9 in Obtaining emergency assistance. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of supervisors does hereby designate the month of May, 1995 as National REACT Month in Frederick County, Virginia during which all citizens shall take notice and be aware of the significant contribution winchester REACT Team makes to the welfare of our local community, as time to honor and recognize Winchester REACT Team and its members. PROCLAIMED this 26th day of April, 1995. MUNICIPAL CLERKS WEEK PROCLAMATION - APPROVED UNDER CONSENT AGENDA PROCLAMATION MUNICIPAL CLERKS WEEK MAY 7 THROUGH MAY 13, 1995 WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants, and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, The Municipal Clerk has pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community. WHEREAS, The Municipal Clerk continually strives to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, 276 workshops and the annual meetings of their state, province, county and international professional organizations. WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Richard G. DiCk, Chairman of the Frederick county Board of supervisors, do recognize the week of May 7 through May 13, 1995, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Carol T. Bayliss, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. DATED this 28th day of April, 1995. RESOLUTION HONORING JACK KRONENBERGER APPROVED UNDER CONSENT AGENDA RESOLUTION OF APPRECIATION WHEREAS, John Kronenberger has announced his retirement as the Executive Director of the Shenandoah Apple Blossom Festival as of May 15, 1995; and WHEREAS, Frederick County recognizes the excellent and dedicated service that John Kronenberger has rendered to the Shenandoah Apple Blossom Festival; and WHEREAS, he has demonstrated his ability to meet new challenges earning him the admiration and respect of his friends; and NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of supervisors expresses its appreciation to John Kronenberger for his many years of dedicated service and contributions to the Shenandoah Apple Blossom Festivals, and be it further RESOLVED, that the Frederick County Board of Super- visors extend to John Kronenberger its best wishes for many years of happiness during his retirement. PASSED, this 28th day of April, 1995. PUBLIC HEARING SCHEDULED FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA An amendment to Chapter 165, Zoning Ordinance, Article VI, RP Residential Performance District, Section 165-60, Conditional Uses, to permit veterinary offices, Clinics, or hospitals. Renewal of the 1995 Southern Frederick Agricultural and Forestal District. The items will be scheduled for a public hearing for May 24, 1995. 1995 JOB SERVICE PLAN OF SERVICE FOR SERVICE DELIVERY AREA IV FROM THE VIRGINIA EMPLOYMENT COMMISSION - APPROVED UNDER CONSENT AGENDA A Copy of this Service Plan is on file in the Office of the County Administrator. PROPOSAL ACCEPTED FOR 1997 GENERAL REASSESSMENT Mr. Riley presented the background information from the 277 two firms that had submitted proposals for the 1997 general reassessment, and in doing so explained that he and Commissioner of the Revenue, Ellen Murphy had conducted the interviews and are recommending that Blue Ridge Appraisal Company be awarded the bid. Mr. Sager moved for approval of the proposal, and Mr. Orndoff seconded the motion. Mr. Dick explained that he had requested that this be readvertised due to the fact that only two companies submitted proposals, in addition to the fact that the last reassessment was done by Blue Ridge Appraisal Company and not everyone was pleased with their work. Mr. Longerbeam stated that he felt everyone was aware of the problems that existed during the last reassessment, but he has a great deal of confidence in the present board of assessors and that everyone will be on top of this reassessment. Mrs. Murphy, commissioner of the revenue, addressed the Board noting that she was aware of the problems during the last reassessment, however she feels confident with this firm. She further noted that they have a new field supervisor that comes highly recommended and the fact that Blue Ridge has the same type of computers as the county will help to speed the process. Mr. Dick explained that he did not want anyone to think that he was in favor of hiring the higher bidder as that was not the case. Mr. Harrington Smith came in at this time. Mr. Longerbeam asked how much higher was this bid than the last reassessment. Mr. Riley replied about 50 cents per parcel. The above motion was approved by the following recorded vote: Richard G. Dick - Nay w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye 278 JOE HEADLEY NOMINATED TO FREDERICK COUNTY SCHOOL BOARD FROM GAINESBORO DISTRICT TO SERVE FROM JULY 1. 1995 TO DECEMBER 31. 1995 - Mr. Ellington nominated Joe Headley to the Frederick County School Board from Gainesboro District. This term will be from July 1, 1995 until December 31, 1995. There were no other nominations. Mr. Headley appeared before the Board and explained that he had served for eight years and basically felt it was time to give someone else a chance. Planninq commission Business: Public Hearinq: CONDITIONAL USE PERMIT 1003-95 OF RAYMOND BAILEY FOR AN AUTOMOTIVE REPAIR WITHOUT BODY SHOP . THIS PROPERTY IS LOCATED AT 302 POORHOUSE ROAD AND IS IDENTIFIED WITH PIN 52-A-71 IN THE GAINESBORO DISTRICT - APPROVED Mr. Wayne Miller, zoning administrator, presented this information to the Board on behalf of the petitioner, noting that the staff and Planning commission recommended approval with conditions. Mr. Ellington asked about a condition that deals with the screening of this site. Mr. Miller explained that this had not been requested, however this could be made part of the conditions. Mr. Raymond Bailey appeared before the Board at this time on behalf of his request. Mr. Ellington inquired as to how many doors he planned for the structure. Mr. Bailey replied three - 10 foot doors, and this would be a steel structure. Mr. Dick asked Mr. Bailey if he would agree to the use of screening. Mr. Bailey replied that he would like to use natural vegetation if his request is approved. Mr. Glen Richmond, adjoining property owner addressed the Board and explained that he felt the Planning Commission basically ignored the petition of the neighbors that were 279 opposed to this request. He further stated that he felt the operating hours of 7 to 7 six days a week is too much and that the neighbors comments and concerns have basically been ignored. Valerie Cote, area resident, addressed the Board to oppose this request as she feels this type of operation in this area is inappropriate and it would constitute spot zoning and further she feels the narrow condition of the Poorhouse Road needs to be considered as this permit would create additional traffic problems. Mr. Miller explained to the Board and citizens that Mr. Bailey already has the right to erect this building as a result of the current zoning of this property and all he needs from the county is a building permit. Mr. Dick asked Mr. Bailey if he would be in agreement to changing the hours of operation. Mr. Sager asked Mr. Bailey what hours he would feel com- fortable with. Mr. Bailey stated that he would be willing to receive customers from 8 A.M. until 5 P.M. at which time he would close the building but would like to remain at the site until 7 P.M. Mr. Ellington stated that he feels this is too close to the road and the fact that the neighbors feel this is not an appro- priate site for this type of business therefore, he would move to deny. There was no second to the above motion. Mr. Longerbeam moved to approve this request and Mr. Orndoff seconded. Mr. Sager stated that he hoped the citizens understood that all the Board is approving is the conditional use permit, nothing else. Mr. Ellington stated that this is a nice looking piece of property and he hopes once the garage is built that it will remain that way. 80 Mr. Longerbeam stated that he feels there should be no more than 5 cars at this location at a time and that it be properly screened and this is to be part of the motion and conditions. 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 - Nay Charles W. Orndoff, Sr. - Aye ORDINANCE AMENDMENTS: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE V. RA RURAL AREAS DISTRICT: SECTION 165-51. CONDITIONAL USES. THE PROPOSED AMENDMENT WILL ELIMINATE SPECIFIC AGRICULTURAL USES AS REQUIRED BY THE 1995 RIGHT TO FARM LEGISLATION - APPROVED Mr. Evan Wyatt, planner II, presented this ordinance amendment to the Board. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington, the above ordinance amendment 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. - Aye AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE X. BUSINESS AND INDUSTRIAL ZONING DISTRICTS: SECTION 165-82. DISTRICT USE REGULA- TIONS. THE PROPOSED AMENDMENT WILL ALLOW ART DEALERS. ART SUPPLIES AND ART FRAMING AS A PERMITTED USE IN THE B1 NEIGHBORHOOD BUSINESS DISTRICT - APPROVED Mr. Wyatt presented this ordinance amendment request to the Board. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above ordinance amendment was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye 281 Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye MASTER DEVELOPMENT PLAN OF VALLEY MILL ESTATES - APPROVED Mr. Kris Tierney, assistant planning director, presented this request to the Board stating that it was for twenty-two single family detached homes on sixteen acres. He further stated that staff and Planning Commission has recommended approval. Mr. Orndoff moved to approve and Mr. Sager seconded the motion. Mr. Sager stated that he has a problem with all the differ- ent sets of rules that are being applied to these various master development plans. Mr. smith stated that he agrees. Mr. Sager stated that he feels the rules need to be the same for all development. Mr. Longerbeam feels this is VDOT's call. 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. - Aye REQUEST OF LINWOOD RITTER FOR A SEWER EXTENSION - DENIED Mr. Tierney presented the request of Mr. Linwood Ritter for authorization to extend sewer to his MH-1 (Mobile Home) property located on Route 636. He explained that the Planning commission had met with Mr. Ritter and in turn passed the request to the Comprehensive Plans and Programs Committee for a recommendation. The Committee discussed the request at their meeting of December 12, 1994. The Committee recommended against permitting the extension. Mr. Tierney further explained that in order to permit the request, either the Sewer and Water Service Area or the Urban Development Area would have to be extended to encom- pass the Ritter property, and the committee felt that to do so 282 would set a precedent that would open the door to numerous requests for similarly situated properties to request sewer extensions. There have been additional meetings with various agencies and Mr. Ritter however, the recommendation from the Planning commission remains the same. Mr. Dick asked if this property has been fully develop- ed. Mr. Tierney replied there would be a total of thirty mobile homes when completed. Mr. Ritter appeared before the Board on behalf of his request noting that he presently has seventeen connections. Mr. Wyatt, planner II, explained there would be avail- able space for twenty three additional trailers which would be in addition to the seventeen he already has. Mr. Sager stated that it was his understanding that the only thing that Mr. Ritter was requesting was to install an additional holding pond that would generate 5,000 gallons per day, and his main concern was getting rid of this septic pond that is so close to the park, and he wondered if there was a compromise that could be agreed upon therefore he moved to have this tabled until further discussions could be held. There was no second to this motion. Mr. Smith asked if the Sanitation Authority has been contacted with regard to this, and if so, what was there comments. Mr. Tierney replied yes, and that Mr. Jones, director, has no problems with it. Mr. Longerbeam explained that he was opposed to this as he felt it would in fact be setting a precedent as he explained when the Fulton request was brought before the Board therefore he would move for this request to be denied. Mr. smith seconded the motion. The above motion was approved by the following recorded vote: 283 Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Nay Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Aye HISTORIC PLAQUES PRESENTED TO COUNTY PROPERTY OWNERS Mr. Eric Lawrence, planner I, appeared before the Board and explained that the Historic Resources Advisory Board which was created as a means of furthering historic preservation, has worked over the past two years towards developing a program that recognizes historic properties and therefore would like to present the following county property owners their historic plaques: Old Frederick County Courthouse Springdale st. Thomas Episcopal Church Monte Vista Sunrise Springdale Flour Mill Hopewell Friends Meeting House Poor House Belle Grove DELETION OF A ROAD NAME - APPROVED UNDER CONSENT AGENDA Mr. Mark LeMaster, mapping and graphics manager, submitted a report noting that the Road Naming Committee had met and re- viewed a citizen request to remove a road name, Fiddlers Bow Lane, from the County Road Name System, and the committee recommends that the Board approve the removal of the road name. INFORMAL DISCUSSION REGARDING PROPOSED INTERSTATE AREA OVERLAY DISTRICT Mr. Evan Wyatt, planner I, appeared before the Board to present a draft overlay district proposal which allows for taller commercial business signs with a greater square footage within the proximity of the eight interstate interchange areas. In order to insure that negative impacts are held to a minimum, staff has drafted a proposed ordinance that addresses the specific needs of the commercial uses within each interchange 284 area, while protecting other properties whose primary use is residential. The Planning Commission feels that the overall concept of this plan is appropriate and agrees with the comments provided by the Development Review and Regulations Subcommittee (DRRS). Mr. Ellington stated that he feels retail should be ad- dressed, and he is opposed to the limiting of one free standing sign. Mr. Longerbeam agrees with the concept, but does not want to see a lot of exceptions and feels that some escape clauses are needed. Mr. Dick noted that on page 5, on exit signs, he feels an extra 100 feet is needed, should be 300 feet rather than 200 feet. These comments by Board Members will be considered when this plan is reworked and forwarded back to the Board to be finalized. COMMUNITY MEETING SCHEDULED IN ROUND HILL - APPROVED UNDER CONSENT AGENDA Board members are invited to attend a meeting at the Round Hill Fire Hall on Monday, May 8, 1995, at 7:30 P.M. The purpose of the meeting will be to solicit input from community residents and land owners concerning the future of Round Hill. FINANCE COMMITTEE - APPROVED UNDER CONSENT AGENDA The Finance Committee met in the First Floor Conference Room at 107 North Kent street on April 19, 1995 at 8:00 a.m. Present were: Committee Chairman W. Harrington Smith, Jr.; Committee members James L. Longerbeam, John P. Good, Jr., Kitty NiCholas, and Henry Buettner. Also present were John R. Riley, Jr., Cheryl B. Shiffler, Jennifer L. Place, Richard G. Dick, and June Wilmot. The agenda items are as follows: The Commissioner of the Revenue Reauests a Budqet Transfer in the Amount of $3.545 This amount is needed to cover unforeseen overtime expenses due to the resignation of an employee. No addi- tional local funds are needed. See attached memo, p. 1. The committee recommends approval. The Director of Fire and Rescue Reauests a General Fund Supplemental Appropriation in the Amount of $5.347.50 This amount represents grant money that was received but not budgeted. It is to be used as matching funds for the Frederick County Volunteer Fire and Rescue Association's 285 EMS grants. memo, p. 2. No additional local funds are needed. The committee recommends approval. See attached The Director of Planninq and Development Requests a Historical Markers Fund Supplemental Appropriation in the Amount of $900 This amount is needed to purchase historical plaques. This money was previously set aside for this project, therefore, no additional local funds are needed. See attached memo, p. 3. The committee recommends approval. The Director of Social Services Requests a General Fund Supplemental Appropriation in the Amount of $28.659.58 This is to appropriate monies received for the Smelser children. No additional local funds are needed. The committee recommends approval. June wilmot will be Present to Discuss her 1994 Annual Report and to Review EDC's FY 1995-96 Budqet See attached handouts, p. 4-20. No action was taken on this item, however, it was referred to the Joint Finance Commit- tee for further study. The following was submitted for the board's information only: At the March 15, 1995 meeting, Northwestern Workshop and the Shenandoah valley Discovery Museum gave presentations regarding financial commitment from Frederick County for FY 1995-96. Northwestern Workshop requested that funds cut from their 1995-96 budget request be restored. Shenandoah Valley Discovery Museum submitted a new request for 1995-96 funding. No action was taken on these requests. These agencies will be on the donation request list for FY 1996-97. DEPARTMENTAL ANNUAL WORK PROGRAMS - APPROVED UNDER CONSENT AGENDA BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Jimmie K. Ellington, seconded by W. Harrington Smith, Jr., the Board retired into executive session in accordance with the Code of Virqinia, 1950, as amended, Section 2.1-344, Subsection A(7) to discuss Legal Matters. 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. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the Board withdrew from executive session. This motion was approved by the following recorded vote: 286 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 BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., 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: 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 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.