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May 24, 1995 Regular Meeting 02 A Regular Meeting of the Frederick County Board of Supervisors was held on May 24, 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 Glenn Grant of the Burnt Presbyterian Church. ADOPTION OF AGENDA Mr. Riley suggested the following item be added to the agenda: 1. Request from Commissioner of the Revenue for transfer of funds. 2. Board Member W. Harrington Smith, Jr., asked for time in order that he might recognize a local boy scout troop that was present at tonight's meeting. 3. Board Member James L. Longerbeam requested that the Personnel Committee Report be tabled. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, 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 consent agenda: 1. Resolution Approving Lease-Purchase of six Buses for Frederick County Schools - Tab D; 2. Finance Committee Report with exception of Number 5 - Tab M; 3. Resolution from Commissioner of the Revenue for transfer of funds in the amount of $4500 to be used for purchase of additional furniture. 303 Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., 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 Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION FROM COMMISSIONER OF THE REVENUE FOR TRANSFER OF FUNDS IN THE AMOUNT OF $4500 TO BE USED FOR PURCHASE OF ADDITIONAL FURNITURE - APPROVED UNDER CONSENT AGENDA SCOUT MASTER AND BOY SCOUTS FROM ST. PAULS ON THE HILL EPISCOPAL CHURCH RECOGNIZED BY THE BOARD CITIZEN COMMENTS No one appeared before the Board at this time. MINUTES Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the regular meeting of April 12, 1995, were approved as presented 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 COUNTY HISTORIC PLAOUE PRESENTED TO CHARLES AND JOLENE ORNDOFF. SR. Mr. and Mrs. Orndoff were present to accept their award for their home Kenilworth. KITTY ZUCKERMAN WITH CHAMBER OF COMMERCE TO ADDRESS THE BOARD Ms. Zuckerman was not present at this time. DUDLEY RINKER APPOINTED TO AGRICULTURAL DISTRICT ADVISORY COMMITTEE Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., Dudley Rinker was appointed to the Agri- cultural District Advisory Committee as a representative from Opequon District. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye 304 Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye DON ARNOLD APPOINTED TO BOARD OF BUILDING APPEALS Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff, Sr., Don Arnold was appointed to the Board of Building Appeals, filling the unexpired term of Blair Webber who resigned; said term to expire June 26, 1999. 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 LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL - TABLED Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, the above appointment was tabled. ALEX M. THOMPSON. CHARLES L. WILMOT. JR.. APPOINTED TO WINCHESTER REGIONAL AIRPORT AUTHORITY The following nominations were submitted for appoin- tment to the airport authority: James L. Longerbeam - W. Harrington Smith, Jr. - Charles W. Orndoff, Sr. - Robert M. Sager - Charles Wilmot, Jr. Alex Thompson J. Patrick Russell Robert E. KinSley, Jr. The vote was as follows: J. Patrick Russell - Charles W. Orndoff, Sr. Charles Wilmot, Jr. Robert M. Sager James L. Longerbeam W. Harrington smith, Jr. Jimmie K. Ellington Richard G. Dick Robert E. KinSley, Jr. James L. Longerbeam W. Harrington smith, Jr. Jimmie K. Ellington Richard G. Dick Robert M. Sager Alex Thompson - Mr. Thompson's term will commence July 1, 1995 and expire June 30, 1996. Mr. wilmot's term will commence July 1, 1995 and expire June 30, 1998. Each will be eligible to serve a full four year term thereafter. 305 Mr. Sager questioned the tabling of the appointment to the Lord Fairfax Medical Services Council as he had submitted a name in plenty of time for board consideration. Mr. Dick explained this appointment has been tabled until the next meeting. REQUEST FROM SCHOOL BOARD TO LEASE-PURCHASE SIX BUSES IN THE AMOUNT OF $296.982 APPROVED UNDER CONSENT AGENDA Planninq Commission Business: Public Hearing: CONDITIONAL USE PERMIT 1004-95 OF ROGER L. GARDNER FOR AN AUTOMOTIVE REPAIR SHOP WITHOUT BODY REPAIR. THIS PROPERTY IS LOCATED AT 472 BLOOMERY PIKE (ROUTE 127) AND IS IDENTI- FIED WITH PIN 11-A-24E 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. Mr. Gardner appeared before the Board on behalf of his request. There was no public input. Upon motion made by Jimmie K. Ellington, seconded by Charles W. Orndoff, Sr., the above conditional use permit of Mr. Roger L. Gardner 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 RENEWAL OF THE 1995 SOUTHERN FREDERICK AGRICULTURAL AND FORESTAL DISTRICT. THE RENEWAL OF THE SOUTHERN FREDERICK AGRICULTURAL AND FORESTAL DISTRICT WILL PRESERVE APPROXI- MATELY 14.500 ACRES OF PROPERTY WITHIN THE BACK CREEK MAGISTERIAL DISTRICT AND THE OPEOUON MAGISTERIAL DISTRICT - APPROVED Mr. Evan Wyatt, planner II, presented this information to the Board noting that the South Frederick Agricultural and Forestal District is scheduled for renewal this Spring. This will be the third renewal for this district which was estab- lished in 1980. During the 15 year existence of this district, significant agricultural properties have continued to request to remain in the district. The proposed district exceeds 15,000 306 acres. The 1990 renewal contained approximately 13,500 acres. Mr. Wyatt further noted that the 76 acre tract owned by Charles Brown is currently within the district and is proposed to be renewed. Staff asks that the Board of supervisors consider this item for final resolution. Upon motion made by Robert M. Sager, seconded by James L. Longerbeam, the 1995 Southern Frederick Agricultural and Forestal District Renewal was approved as presented 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 VI. RP RESIDENTIAL PERFORMANCE DISTRICT: SECTION 165-60. CONDITIONAL USES. TO PERMIT VETERINARY OFFICES. CLINICS OR HOSPITALS - APPROVED- AS AMENDED Mr. wyatt presented this request to the Board noting that staff and Planning Commission recommended approval. There was no public input. Following Board discussion it was their consensus that the word "veterinarian" should precede before the words - offices, clinics and hospitals. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the above ordinance amendment was approved 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 REVISED MASTER DEVELOPMENT PLAN OF REGENCY LAKES - (TABLED FROM MAY 10. 1995 BOARD MEETING) - APPROVED Mr. wyatt presented this request to the Board noting that Frederick County has determined that a master development plan would be desirable for Regency Lakes Estates due to the different housing types that would be permitted under the RP and MH1 zoning classifications, as 307 well as the overall scale of the project. The original master development plan for this project was approved by the Planning Department on July 8, 1986. This master development plan called for the development of 72 single family detached lots on 52 acres that was zoned RP, and 598 mobile home units on l5l acres. This created an overall gross density of l.38 units per acre in the RP section, and 3.96 units per acre in the MH1 section. He further explained that notable improvements required under the original master development plan included the creation of a loop road around the lakes, the construction of a dam to support this road, the provision of a 60 foot right-of-way that would connect the loop road to the Winchester Mall property located to the south, the establishment of a substantial recrea- tional area, and the provision of buffers along the northern, southern, and western property lines. To date, Regency Lakes Drive has been constructed to serve all developed sections, the dam is in place, and all recreational amenities have been provided including a club house, a swimming pool, tennis courts, and ballfields. The proposed master development plan has been revised to realign and relocate proposed roadways, and to redesign one of the buffers that was required on the original plan. Mr. Orndoff asked about the 40 foot right-of-way along the western property boundary of Regency Lakes Estates. Mr. Wyatt explained and in doing so referred to Caleb Heights and what was stated in 1991. Mr. smith asked if this was etched in stone. Mr. Riley replied it is the law. Mr. Ellington asked about the roads and whether or not they are in the secondary system. Mr. Orndoff asked about what would happen if Caleb Heights was not developed. Mr. Chuck Maddox, of G.W. Clifford Associates appeared before the Board at this time to explain about the right-of-way noting that this agreement would be private. 308 Upon motion made by Charles W. Orndoff, Sr., seconded by w. Harrington smith, Jr., the Revised Master Development Plan of Regency Lakes 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 REVISED MASTER DEVELOPMENT PLAN OF COVENTRY COURTS - APPROVED Mr. Kris Tierney, assistant planning director, presented this request to the Board noting that the Planning commission recommended approval contingent upon the following: 1. The applicant will supply information which satisfactorily demonstrates the location, and the amount of disturbance to, environmental features, and that the amount of the disturbance does not exceed permitted limits, and; 2. Bonding will need to be provided at 50% lot build out to guarantee the completion of the bridge/cros- sover on Farmington Boulevard, indicated as Phase IV. Mr. Smith stated that it was his understanding that there would be 34 lots instead of 38. Mr. Tierney replied that was correct. Mr. Longerbeam explained that he would not be entering into any discussion or vote on this request. Mr. smith asked about the status of the current work being done on Greenwood Road by VDOT. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Revised Master Development Plan of Coventry Courts was approved with conditions as noted by the Planning Commission. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Abstained Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye 309 REQUEST FOR EXEMPTION FROM SUBDIVISION ORDINANCE REOUIRE- MENTS 144-17. L AND 144-18. A FOR CURBS. GUTTERS AND SIDEWALKS - TABLED Mr. Kris Tierney, assistant planning director, presented this request to the board noting that the request of Mrs. Longerbeam is for a variance or exemption from sUbdivision requirements as provided for under Section 144-5 of the Subdivi- sion Ordinance. This section states in part that, "Variations in or exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual situa- tions or when strict adherence to the general regulations would result in substantial injustice or hardship." The staff's recommendation to the Planning commission was that this matter involved neither an unusual situation or a substantial injustice or hardship, therefore the staff and Planning Commission recom- mended denial. Mr. Longerbeam noted at this time that he would not be participating in any discussion or vote on this request. Mr. Chuck Maddox, of G. W. Clifford Associates, appeared before the Board to explain why this request was being made. Mr. Sager asked what happens in the future when someone else is in a like position. Mr. Watkins explained that this is somewhat of a unique situation, however he did note that staff and Planning commis- sion did agree that the sidewalks should stay. He further noted that the Planning Commission had not seen the latest plan wherein bike paths etc. are shown. Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, this plan is to be sent back to the Planning Commis- sion and once they have seen the revised plans at their meeting of June 7, their comments are to be forwarded to the Board for their meeting of June 14, 1995. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye 310 James L. Longerbeam - Abstained Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye INFORMAL DISCUSSION REGARDING REDBUD RUN ELEMENTARY SCHOOL AND FUTURE DEVELOPMENT PLANS Mr. Tom Malcolm, superintendent of schools, appeared before the Board at which time he explained what was planned for the site off of Redbud Road, consisting of approximately 128 acres of which 25 would be the actual elementary school site. Mr. Dick inquired about the road, shown in the current plans that takes you to the actual school site, for his understanding is this road is similar to the one built for Ridge Campus, and if this is the case he is totally opposed to it. Mr. Malcolm explained this can be changed and would be done in the final phase of the project. Mr. Sager expressed his concerns with Redbud Road as it currently is with all the curves etc., feels it is very dangerous. Mr. Ellington feels the entrance road needs to be built correctly from the very beginning of the project. Mr. Ellington further asked Mr. Malcolm if he agrees with the three items recommended by the planning staff with reference to HRAB and the Redbud Run Elementary School Project. Mr. Dick and Mr. Longerbeam disagree with the three recommendations of the planning staff, they do not feel it is appropriate or necessary for HRAB to do anything at this site, Mr. Longerbeam feels it is totally inappropriate. PERSONNEL COMMITTEE REPORT - TABLED The Personnel Committee met on May 2, 1995. The following members were present: James L. Longerbeam, Chairman, Jimmie Ellington, Robert Gordanier, Leonard Newcome, John R. Riley, Larry Ambrogi, and Ann Kelican. Ms. Tonie Wallace was absent. The Committee submits the following report and reco- mmendations to the Board of Supervisors for consideration: 311 Implementation of Department Head Salarv Survey The Committee reviewed the attached memorandum from the County Administrator requesting implementation of the department head salary survey in one phase, effective July 1, 1995. The Committee recommends approval of said request. Retiree Health Insurance Benefit The Committee reviewed several options, prepared by the County Administrator, regarding amendment of the County's retiree health insurance benefits policy. The Committee recommends that the policy be amended as follows: Individuals employed on or after July 1, 1995, and who retire from County service under full VRS benefits, i.e. 55 years of age and 30 years of continuous service, will receive 100% of their health insurance premium until age 65, when he/she becomes eligible for medicare, at which time the County will provide 100% supplemental insurance benefits. Note: This amendment grandfathers all employees currently on the County payroll under the existing policy and would become effective for any new employees hired on or after July 1, 1995. FINANCE COMMITTEE REPORT WITH EXCEPTION OF #5 APPROVED UNDER CONSENT AGENDA The Finance Committee met on the 3rd Floor Conference Room at 107 North Kent street on May 18, 1995. 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, C. William Orndoff, Jr., Ellen E. Murphy, R. Thomas Malcolm, James E. Boyd, and Tom Sullivan. The agenda items are as follows: The School Board Requests a School Board Supplemental Appropriation in the Amount of $499.155 These are additional FY 1995-96 state funds that will be received and need to be appropriated to be spent. See attached memo, p. 1-3. The committee recommends approval. The School Board is Requestinq that the Balance of Remain- inq Bond Funds be Spent on Capital Pro;ects Needed Page 5 is a list of projects that they are recommending. See attached memo, p. 4-5. This item has been tabled for sixty days. The School Board Finance Director Requests a Supplemental Appropriation to Record and Appropriate Bond Proceeds in the Amount of $5.000.000 These funds are for the new elementary school and the high school expansion projects. See attached memo, p. 6. The committee recommends approval. The School Board Finance Director Requests a School Board Supplemental Appropriation in the Amount of $270.451 These funds will be received by the school and remitted to Dowell J. Howard Vocational School. No additional local funds are needed. See attached memo, p. 7. The committee recommends approval. 312 The School Board Finance Director Reauests a Capital Pro;ect Supplemental Appropriation to Appropriate Funds in the Amount of $74.163 to Settle Account with Tiber Construction and to Pay Leaal Expenses Associated with the Lawsuit See attached memo, p. 8-9. Committee member John Good has requested further information, therefore, this item has been tabled. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request as presented 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 The Reqional Jail Reauests Reaional Jail Fund Budqet Transfers in the Amount of $25.309 This amount is requested to be transferred to several Ii e items to cover various expenses. These transfers are contingent upon compensation Board approval. No additional local funds are needed. See attached memo, p. 10-11. The committee recommends approval. The Finance Committee has recommended the approval of RObinson, Farmer, Cox Associates as the County auditors for the next three year contract term. The following item was submitted for the board's information only. The county Commissioner of the Revenue attended the meeting to discuss the impact of Senate Bill 898. See attached memo, p. 12-18. BOARD OF SUPERVISORS COMMENTS There were no comments made at this time. UPON MOTION MADE BY JAMES L. LONGERBEAM, SECONDED BY W. HARRINGTON SMITH, JR., THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. ~~--- ~ _c~"o ~",c,,'n,".=~"o-r~~~~~~'"- -~. Board ,"'- isors