Loading...
August 09, 1995 Regular Meeting 48 A Regular Meeting of the Fred~rick County Board of \"1 t\) supervisors was held on August 9, 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; Jimmie K. Ellington; and Charles W. Orndoff, Sr. ABSENT: Robert M. Sager due to vacation. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Doug Ibach of the Presbyterian Parish of the Valleys. ADOPTION OF AGENDA Mr. Riley requested that the Public Works Committee Report be added to the agenda. Upon motion made by W. Harrington smith, Jr., seconded by Jimmie K. Ellington 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs be approved under consent agenda: 1. Request for Supplemental Appropriation Re: Cops Fast Grant - Tab D; 2. Request for Transfer of Funds for Ladder Truck Project - Tab E; 3. Resolution Re: Installment Due on the Option Agreement/Grim Farm - Tab G; 4. Resolution Re: Use of Inmates from the White Post Correctional Unit for Various County Projects - Tab H; 5. Resolution Establishing the Old Dominion community criminal Justice Program and Creation of Board - Tab I; L \ 349 6. Resolution Re: Reduction of Speed Limit on Valley Mill Road - Tab J; 7. Public Works Committee Report - Amended Agenda Mr. Orndoff requested that Tab E be pulled as he had some questions. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Lynn Chapman, Stonewall District, resident of Maloy Drive appeared before the Board to express his concerns over the recent flooding in his area during the heavy rains. He ex- plained to the Board that this is not a new problem as he has had various board members along with Mr. Riley and staff to look at the problem he and his neighbors experience each time there are more than just your normal rain shower. He feels the problem has only been made worse since the construction began at the site of the new subdivision on the south side of Senseny Road across from Mr. Glass's Plaza. He asked the Board to please correct this problem as expeditiously as possible before more damage is done to the homes on Maloy Drive. Mr. Dick explained to Mr. Chapman that he was aware of the water problems that have taken place within the past few weeks on Maloy Drive and that this matter would be referred to the Public Works Committee for their review and recommendation. Scott Burns, Shawnee District, Maloy Drive, has lived at this location for five years. He feels this is an old problem that should have been taken care of and now that the new subdi- vision is going in just above their street it is only making the problem worse. He asked the Board to please take whatever steps necessary to remedy the problem. 350 Tim? , stonewall District, basically endorsed what the former speakers conveyed to the Board that being there is just too much water running off other property onto the residents of Maloy Drive. Roger Swartz, Maloy Drive, endorsed what the previous home owners had said, further noting that he felt the holding pond was built too small from the very beginning and that this definitely needed to be enlarged. lIINUTES Mr. Orndoff noted that on page 5 of the minutes of the special meeting of July 24, 1995, it stated that his vote was Aye when in fact it should read he voted Nay. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington smith, Jr., the minutes of the Regular Meeting of June 14, 1995; Special Meeting of June 19, 1995; Regular Meeting of July 12, 1995; and Special Meeting of July 24, 1995 were approved as amended and noted above. 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye ROBERT S. HODGSON REAPPOINTED TO BOARD OF BUIlDING APPEALS Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., Robert S. Hodgson was reappoint ed to the Board of Building appeals for a five year term. This term commences on August 12, 1995 and ends on August 12, 2000. 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 - Absent Jimmie K. Ellington - Aye Charles w. Orndoff, Sr. - Aye 351 RICK WINFREE APPOINTED TO LOCAL EMERGENCY PLANNING COMKIT- TEE CLEPC) AS KRAFT FOODS REPRESENTATIVE Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., Rick Winfree was appointed to the Local Emergency Planning Committee (LEPC) as the representative from Kraft Foods. 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye COUNTY ADlIINISTRATOR. JOHN R. RILEY. JR.. APPOINTED TO COMKONITY CRIlIINAL JUSTICE BOARD Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., John R. Riley, Jr., was appointed to the Community criminal Justice Board. 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye COUNTY ADlIINISTRATOR. JOHN R. RILEY. JR.. REAPPOINTED TO REGIONAL JAIL BOARD Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, John R. Riley, Jr., was reappointed to the Regional Jail Board. This term begins on October 13, 1995 and ends on October 13, 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye 352 THOMAS MOORE LAWSON. ATTORNEY ADDRESSED THE BOARD RE: CLAIM OF WESLEY I. AND DAWN PRICE Mr. Thomas Lawson, local attorney, appeared before the Board on behalf of Dawn and Wesley Price of Frederick county. Mr. Lawson explained to the Board that when Mr. & Mrs. Price's house was built a backwater valve should have been installed, however this was not done and because of this their entire basement was flooded with sewage to the point they still are not able to live in their house. He further noted that this house was inspected by the county inspections department however at no time was there any mention of a backwater valve being installed, therefore, he is a this time requesting payment from the county for damages on behalf of Mr. and Mrs. Price. Mr. Smith stated that he felt there were too many unan- swered questions, therefore he would move for denial of this request. Mr. Longerbeam seconded the motion. Mr. Dick explained that he felt this is something that needs to be sent to the county Sanitation Authority, more than the board of supervisors as they are the ones that need to address this claim. The above motion to deny this claim was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye REQUEST FOR SUPPLEMENTAL APPROPRIATION RE: COPS FAST GRANT - APPROVED UNDER CONSENT AGENDA The Sheriff requests a General fund Supplemental Appropriation in the amount of $29,783. This amount is needed to fund a deputy in the Sheriff's department. The position was approved by the Personnel Committee and Board of Supervisors in March 1995, but no funds were appropriated. The additional local dollars needed for this deputy is 353 $8,594. The amount of the grant is $21,189. The grant is for a three year period. REQUEST FOR TRANSFER OF FUNDS FOR LADDER TRUCK PROJECT - APPROVED Mr. Orndoff asked how much has been spent to date on the ladder truck. He further asked for the total amount of funds currently in the 911 budget. Tom Owens, director of fire and rescue, appeared before the board at which time he gave a breakdown of what was in last years budget, as well as this years budget for the purchase of the ladder truck, along with the funds that would be needed in order to complete the acquisition of tools, equipment and vehicle service work on the truck. Upon motion made by Jimmie K. Ellington, seconded by W. Harrington smith, Jr., the following authorization was approved: $10,000 to the Vehicle Repair and Maintenance line item (10-3505-3004-002) $15,000 to the Machinery and Equipment Line item (10-3505-7001-000) 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye APPROVAL GIVEN FOR PURCHASE OF FUEL TANK AT ROBERT E. AYLOR MIDDLE SCHOOL Mr. Riley presented this request to the Board noting that it had been tabled from the meeting of July 12. Tom Sullivan, administrative assistant, with the school board appeared before the Board and he explained that there are currently twenty-seven school buses with their entire route responsibilities in the southern part of the county, and that other school vehicles use this pump as well. Mr. smith asked how many gallons of fuel are used from this site. 354 Mr. Sullivan replied that approximately 4500 gallons were used last year. Mr. Sullivan further explained that the cost involved for installing the tank and pumps would be $5,000. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above request for the installation of a fuel tank and pumps in the amount of $5,000 at Aylor School was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION RE: INSTALLMENT DUE ON TIlE OPTION AGREEMENT/- GRIM FARM - APPROVED UNDER CONSENT AGENDA Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, the Board of supervisors does hereby approve a supplemental appropriation in the amount of $125,000.00 for payment of the installment due under the Option Agreement for the Grim Farm. 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#OOl-95) APPROVING USE OF INMATES FROM TIlE WHITE POST CORRECTIONAL UNIT FOR VARIOUS COUNTY PROJECTS - APPROVED UNDER CONSENT AGENDA WHEREAS, the County of Frederick, Virginia, wishes to use inmates from the White Post Correctional Unit to perform work for various projects within Frederick county; and WHEREAS, this request has been approved by the Office of the Governor in accordance with provisions of Section 53.1-59 of the Code of Virqinia, with conditions; and WHEREAS, in accordance with said conditions, work will be performed under the supervision of a correctional officer from the White Post Correctional Unit's Work Center and an employee of the county who will supervise the work; WHEREAS, work is contingent upon the availability of stat! and an adequate number of inmates. 355 NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervi- sors for the county of Frederick, Virginia, does hereby approve the use of inmates from the White Post Correctional unit for various county projects and forwards a true and exact copy of resolution to the White Post Correctional unit. RESOLVED, this 9th day of August, 1995. RESOLUTION (#002-95) ESTABLISHING THE OLD DOMINION COMMUNI- TY CRIMINAL JUSTICE PROGRAM AND CREATION OF BOARD - AP- PROVED UNDER CONSENT AGENDA WHEREAS, the Virginia General Assembly has adopted legiSla- tion entitled the Comprehensive Community Corrections Act for Local Responsible Offenders (Section 53.1-180 et. seq. of the Code of Virginia) and the Pretrial Services Act (Section 19.2-152.2 et. seq. of the Code of Virginia) both of which are effective July 1, 1995; and WHEREAS, the Blue Ridge community Diversion Incentive Program has served the County of Frederick since 1981 and provided the judicial system with sentencing alternatives for certain misdemeanants and persons convicted of non-violent felonies; and WHEREAS, Sections 53.1-183 and 19.2-152.5 of the Code of Virginia require that each county and city participating in Community Corrections Programs and Pretrial Services Program establish a Community criminal Justice Board; and, in the case of Multi-jurisdictional efforts that each jurisdiction mutually agree upon the appointments to said board; and WHEREAS, the establishment of a multi-jurisdictional Community Criminal Justice Board will result in reduction in administrative costs to each locality, enhanced funding priori- ties, an increase in grant dollars, promote efficiency in offender supervision and provide for a comprehensive regional offender database. NOW THEREFORE, BE IT RESOLVED by the Board of supervisors of the County of Frederick: 1. That the County of Frederick concurrently with the Counties of Clarke, Warren, Shenandoah and Page; and, the City of Winchester shall implement the comprehensive community Corrections Act for Local Responsible Offenders and the Pretrial Services Act as provided herein. 2. That the Blue Ridge Community Diversion Incentive Program and the Old Dominion Alcohol Safety action Program be responsible for the implementation of the cited legislative directives and that the said Blue Ridge Community Diversion Incentive Program be renamed the Old Dominion Alcohol Safety Action Program and Community Corrections; and 3. That it hereby establishes the Old Dominion A.S.A.P. and Community criminal Justice Board (the Board); said Board to be composed of members appointed previously to the Old Dominion A.S.A.P. Policy Board consisting of: a. The Chief Judge and Judges of the General District Courts. b. The Chief Judge and Judge of the Juvenile and Domestic Relations General District Courts. c. A Judge of the Circuit Court. d. A Commonwealth's Attorney. 356 e. A Sheriff or superintendent of a Regional Jail. f. An attorney who is experienced in criminal matters. g. The Executive Director of the Northwestern Community Services. h. The Chief of Police of the City of Winchester or his designee. i. A citizen appointed by each participating locali- ty. j. The Chief Magistrate or a magistrate designated by the Chief Magistrate. 4. That the Division of Court Services, Old Dominion A.S.A.P. and community Corrections Programs shall have the powers and duties prescribed by the Comprehensive Community Corrections Act for Local Responsible Offenders and the Pretrial Services Act. The County of Frederick shall act as the administrative and fiscal agent for the Old Dominion A.S.A.P. and Community Corrections Programs. 5. That this resolution shall be effective provided the Counties of Clarke, Warren, Shenandoah and Page; and, the City of Winchester adopt a similar resolution. RESOLUTION (1003-95) REOUESTING REDUCTION OF SPEED LIMIT ON VALLEY MILL ROAD - APPROVED UNDER CONSENT AGENDA WHEREAS, it has been brought to the Board of Super- visors' attention that the current speed limit on Valley Mill Road presents a hazard to residents of the Fieldstone SUbdivision, the Asbury Terrace Subdivision, as well as other area residents; and WHEREAS, the recent fatality upon this road underscores the need to lower the speed limit. NOW, THEREFORE, BE IT RESOLVED, that the Board of supervisors for the County of Frederick, Virginia, does hereby reguest that the Virginia Department of Transporta- tion lower the speed limit on Valley Mill Road from 45mph to 35mph. RESOLVED, this 9th day of August, 1995. Public Hearinq: PUBLIC HEARING - REQUEST OF THE WINCHESTER-FREDERICK COUNTY JAYCEES. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C PERMIT REOUIRED: APPLICATION: ISSUANCE OR DENIAL. FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON AUGUST 26. 1995. WESTVIEW BUSINESS PARK (ROUTE 50 EAST) - APPROVED Brad Stillwell, representative of the local Jaycees, appeared before the Board to answer any guest ions they might have with regard to this permit. There was no public input. 357 Upon motion made by W. Harrington Smith, Jr. seconded by Charles W. Orndoff, Sr., the outdoor festival permit for the Jaycees 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - RECEIVE PUBLIC COMMENT ON THOSE TWO (2) CERTAIN PROPOSED RESOLUTIONS TO BE CONSIDERED AND ACTED THEREON BY THE BOARD. THE SUBSTANCE OF WHICH ARE AS FOLLOWS: 1) TO CONSENT TO THE CONSOLIDATION OF THOSE THREE ( 3) CERTAIN LOTS LOCATED IN THE CITY OF WINCHESTER. VIRGINIA. COMMONLY KNOWN AS 1107 NORTH KENT STREET. 1125 NORTH KENT STREET. 1118 NORTH CAMERON STREET. IN WHICH THE COUNTY HOLDS AN INTEREST. INTO ONE (1) LOT: AND 2) TO VACATE A CERTAIN EASEMENT AND GRANT A CERTAIN EASEMENT OVER THE SAKE AFORESAID LOTS AS LISTED IN 1) HEREOF. IN WHICH THE COUNTY HOLDS AN INTEREST - APPROVED Mr. Riley presented this information to the Board and explained why it was necessary to be acted upon by the Board at this time. There was no public input. Following a duly advertised public hearing held on August 9, 1995, and upon motion duly made by W. Harrington smith, Jr., seconded by James L. Longerbeam, and upon the votes as hereafter recorded, it is hereby RESOLVED that the County of Frederick, Virginia, joins in and consents to that certain Consolidation of Lands, by and between the Industrial Development Authority, of the County of FrederiCk, Virginia, and the City of Winchester, Virginia, consolidating those certain lots or parcels of real estate, known as 107 North Kent Street, 125 North Kent Street, and 118 North Cameron Street, all located in the City of Winchester, Virginia, into one (1) lot or parcel of real estate, and John R. Riley, Jr., County Administrator, is hereby author- ized and directed to execute the aforesaid Deed of Consolidation on behalf of the County of Frederick, Virginia. PASSED this 9th day of August, 1995, by the following recorded vote: 358 Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Following a duly advertised public hearing held on August 9, 1995, and upon motion duly made by W. Harrington smith, Jr., seconded by James L. Longerbeam, and upon the votes as hereafter recorded, it is hereby RESOLVED that the County of Frederick, Virginia, joins in and consents to that certain Deed of Easement and Vacation of Easement, by and between the Industrial Development Authority of the County of Frederick, virginia, stewart Bell, Jr., J. Thomas Kremer, Trustee, and Omni properties, a copy of which is attached hereto and incorporated herein by this reference, and John R. Riley, Jr., County Administrator, is hereby authorized and directed to execute same on behalf of the County of Frederick, Virginia. PASSED this 9th day of August, 1995, by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye There was no public input. Planninq commission Business Public Hearinq: PUBLIC HEARING - CONDITIONAL USE PERMIT #006-95 OF BRUCE E. WELCH FOR A VETERINARY HOSPITAL. THIS PROPERTY IS LOCATED AT 689 AYLOR ROAD (ROUTE 647l. IN THE OPEOUON DISTRICT AND IDENTIFIED WITH PIN 75-A-38 APPROVED Wayne Miller, zoning administrator, presented this request to the Board noting that staff and Planning Commis- sion recommended approval with conditions. He further noted that a letter had been received from Rev. John E. Lock of 133 Buckingham Drive, wherein he endorsed this request. 359 Mr. Ellington asked about #9 of the staff recommendations. Mr. Miller replied that was an error on part of staff and should have been removed. william DeHaven of 230 Fredericktowne Drive appeared before the Board to endorse this request. Beverly Neff, is not a county resident, however she is a client of Dr. Welsh's and she was present to endorse this re- quest. Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the above conditional use permit #006-95 was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT 1007-95 OF MATT E. PLASTERS FOR AUTOMOBILE REPAIR {INTERIOR HEADLINER REPLAC- EMENT SERVICE} WITHOUT BODY REPAIR. THIS PROPERTY IS LOCATED AT 783 MARPLE ROAD {ROUTE 654}. IN THE GAINESBORO DISTRICT AND IS IDENTIFIED WITH PIN 41-A-169G - APPROVED Wayne Miller presented this request to the Board noting that the staff and planning commission recommended approval with conditions. There was no public input. Upon motion made by Jimmie K. Ellington, seconded by Charles W. Orndoff, Sr., conditional use permit #007-95 of Matt E. Plasters was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY USE REGULA- TIONS: SECTION 165-23F. EXTENSIONS INTO SETBACK YARDS. TO ALLOW DECKS AND STORAGE BUILDINGS THAT ARE ATTACHED TO TOWNHOUSES AND WEAK-LINK TOWNHOUSES TO EXTEND INTO THE REOUIRED PERIMETER BOUNDARY SETBACK AND THE REOUIRED ACTIVE DISTANCE BUFFER AREA - APPROVED Evan Wyatt, planner I, presented this amendment to the Board. There was no public input. 360 Mr. Longerbeam stated that he would be abstaining from voting on this request due to his association with the developer. Upon motion made by Jimmie K. Ellington, seconded by w. Harrington Smith, Jr., the following amendment to chapter 165 was approved as presented: WHEREAS, An ordinance to amend Chapter 165, Zoning, of the Frederick County Code, Article IV, Supplementary Use Regulations, section 165-23, Setback Requirements, was referred to the Planning Commission on August 2, 1995; and WHEREAS, the Planning commission held a public hearing on this ordinance adoption on August 2, 1995; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on August 9, 1995; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE BE IT ORDAINED by the Frederick County Board of supervisors that Chapter 165 of the Frederick County Code, zoning, Article IV, Supplementary Use Regula- tions, section 165-23, Setback Requirements, is amended as described on the following attachment: 165-23F Extensions Into Setback Yards (5) Decks which are attached to townhouses and weak-link townhouses may be constructed to the full width of the dwelling unit and may extend fifteen feet into a perimeter setback area or the active portion of a required buffer area, provided that the decks are not enclosed or covered and the deck floor is not construct- ed higher than the finished floor elevation of the primary entrance to the dwelling unit. (6) Storage sheds which are attached to townhouses and weak-link townhouses that can only be accessed through an outer entrance and do not exceed one-fourth the width of the dwelling unit may extend ten feet into a perimeter setback area or the active portion of a required buffer area. This ordinance shall be in effect upon its passage. Passed this 9th day of August, 1995 by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Abstained Robert M. Sager - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Mr. Smith could not understand why the county approves deCK5 for townhouse5 and not individual homes. 361 Mr. Bob Watkins, planning director, explained to Mr. Smith that the planning department would be looking into his concerns. End of Public Hearings and Planning Commission Items. TRANSPORTATIOB COMMITTEE REPORT Mr. wyatt presented this committee report to the Board for their information. The Transportation Committee met on August 1, 1995, and the following items were discussed: 1) The Transportation Committee considered a request from June Wilmot, Executive Director of Economic Development, for future improvements to the transportation system in the Kernstown area. Mrs. Wilmot has been working with Frederick County to identify potential new industrial sites that can provide rail access. The sites in the Kernstown area are located along Shady Elm Road (Route 651) beside the Winchester-Frederick County IDC development, and can only access Valley Pike using Apple valley Road (Route 652). The Transportation Committee endorsed Mrs. Wilmot's three step proposal to improve the transportation infrastructure within the area. This proposal is as follows: a) Work with VDOT to create a left and right turn lane on Apple Valley Road at the intersection with Valley Pike. Improvements will also include the installation of conduits to allow for future signalization when conditions are favorable. b) Plan for a new road that will connect Shady Elm Road with Valley Pike. This road will be located north of the historic Bartonsville area, and is envisioned to be constructed through developer contributions and available industrial access funds. c) Improve access to Shady Elm Road through the creation of a new access interchange with Route 37. 2) The Transportation Committee discussed the proposed long range improvements as indicated on Alternative 5.0 of the Winchester Area Transportation Study (WATS). Committee members felt that it was premature to make a recommendation regarding these long range improvements until the Commonwealth Transporta- tion Board approved the Route 37 Eastern By-pass; however, several comments were made that are described on the following page: a) New interchanges need to be provided on Interstate 81 that will connect with the proposed Macedonia Church Road (Route 642) extension and with Battaile Drive in the City of Winchester. b) The Route 37/Valley pike interchange should not be removed until the improvements associated with the relocation of Shady Elm Road (Route 651) are complete and functional. Consideration should be given to the needs of the existing commercial uses along Valley Pike that currently utilize this interchange to access Route 37 and Interstate 81. 362 c) Careful evaluation needs to be performed prior to the elimination of the Aylor Road (Route 647) intersection with Fairfax Pike. Rerouting local traffic behind the Aylor Middle School by way of Double Church Road (Route 641) may be appropriate, provided that the existing and future commercial properties that are visible from Interstate 81 can be served by the proposed single point urban interchange (SPUI) concept. d) Eliminating the Well town Road (Route 661) intersection with Martinsburg Pike should only be executed if the proposed realignment of Well town Road does not require local residential traffic to traverse the Stonewall Industrial Park. e) An interchange should be required that will provide access from the proposed Warrior Drive to the proposed Route 37 Eastern By-pass. The construction of this inter- change could be accomplished through proffers made when zoning changes are requested for properties within this area. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, August 8, 1995, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members Dudley Rinker, Karen Kober, and Jim Wilson; County Administrator, John R. Riley, Jr.; Landfill Manager Steve Frye; Director of Public Works, Harvey E. Strawsnyder, Jr., P.E.; and Building Official John Trenary. The following items were discussed and required action by the board: Bid Approval For Addition to the Animal Shelter Bids for the addition to the animal shelter were presented by the director of public works with a recommenda- tion to accept the low bid submitted by Jennings Construction in the amount of $32,424.97. Funding for this project has been included as a carry forward request from FY94/95 revenue. A motion was made by W. Harrington Smith, Jr. and seconded by Jim Wilson to accept the bid and approve the carry forward request submitted by Browning-Ferris Inc. in the amount of $34,026.36. This project would also be funded using carry forward revenue from the FY94/95 budget. A motion was made by Dudley Rinker and seconded by W. Harrington Smith, Jr. to accept the low bid and approved the request for carry forward funds. The motion was unanimously approved (see Attachment 2). New Walk-In Freezer for the Animal Shelter A request has been made by the Manager of the Animal Shelter to purchase a walk-in freezer to store the euthanized animals until they can be properly disposed of. The existing chest type freezer is not suitable for this purpose because of the difficulties associated with removing the animals and the fact that it does not adequately freeze the contents. 363 Three quotes were solicited for this purpose. Of these, it appears that the bid from Harwill Food Service Equipment Compa- ny, in the amount of $3,500 plus freight, is the most economi- cal. Therefore, a motion was made by W. Harrington Smith, Jr. and seconded by DUdley Rinker, to approve the purchase of a walk-in freezer at a price not to exceed $4,000 with the funds derived from FY94/95 carry forward revenue. The following items were presented to the board for their information only: Summary of Household Hazardous Waste Collection Dav The household hazardous waste collection day held on July 29, 1995, at the James Wood Middle School served 360 vehicles and generated 121 barrels of waste at a total cost of $33,900. The 360 vehicles included 166 from the City of Winchester, 184 from Frederick County, and 10 from Clarke county. A majority of the waste was paint. A second event has been tentatively planned for September 30, 1995, at Aylor Middle School. We also plan to explore the possibility of providing a household hazardous waste disposal site at the landfill and sponsoring a monthly event. Tenant/Landlord Complaint Inspection House Bill number 2109 which requires local building departments to enforce section 105 of Volume II of the Virginia Uniform Statewide Building Code became mandatory on July 1, 1995. In summary, this bill will require our building depart- ment to address complaints from tenants residing in residential buildings. This is basically an unfunded mandate. The enclosed memorandum from the Building Official, John Trenary, describes the required mandate in detail. The de- scribed changes will be submitted to the Code and Ordinance Committee for their review and adoption (see Attachment 4). Review of Proposed Carry Forwards The attached memorandum dated August 4, 1995, summarizes the carry forward requests from the Public Works Department. A motion was made by Jim Wilson and seconded by Dudley Rinker to endorse these requests and forward them to the Finance Department for their review. This motion was unanimously approved (see Attachment 5). Middle Road Dumpster site An alternative dumpster site has still not been located to replace the existing site on Middle Road. A site located on the Fruit Research property was opposed by the residents of the adjacent subdivision. Consequently, it was decided to explore a potential site off of Route 625 on property previously utilized for power transformers. A site on the west side of Stephens City is also a possible alternative provided the property can be purchased or leased. Cost OVerrun for the Joint Judicial Center (FY94/95) We recently received the final expenditure summary for the Joint Judicial Center for FY94/95. This summary indicated a total cost overrun of $77,155 of which the county will be responsible for one-half. This overrun contributed to a budget shortfall in Fund 10-4304. This overrun will be deferred to the Joint Finance Committee for further discussion (see Attachment 6) . 364 Miscellaneous ReDOrts a. Animal Shelter Report (see Attachment 7); b. Recycling Report (see Attachment 8); c. Tonnage Report (see Attachment 9). BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the Board retired into executive session in accordance with the Code of Virqinia, 1950, as amended, Section 2.1-344, Subsection A(1) and (7) to Discuss Personnel and Legal Matters. The above motion was approved by the following recorded vote: BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the Board withdrew from executive session. 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the Board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discuss- ed. 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye DEPARTMENT HEAD EVALUATIONS AND SALARY INCREASES APPROVED 365 Mr. Longerbeam stated that under the department head salary adjustment proposal he would move that the Board accept the department head salary adjustment proposal, with the exception of those individuals making beyond the established merit, and in this particular case, there are three individuals that would be affected by this. Therefore, they would receive 50% of the in- crease, salary adjustment, in lieu of a merit increase next year, 50% this year and 50% next year and that their new salary be established at the rate that is shown on the adjustment. Mr. smith seconded this motion. Mr. Ellington stated that his understanding was that this increase would be received over a two year period. Mr. Longerbeam stated that is correct. 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye HEALTH INSURANCE FOR RETIRING FULLTIME EMPLOYEES HIRED ~ JULY 1. 1995 - APPROVED AFTER -<R Mr. Longerbeam explained that the County Personnel Commit- tee, had on several occasions, discussed the retiree health insurance benefits. Basically the committee is recommending that all employees employed after July 1, 1995 and who retire from County service under full VRS benefits, ie., 55 years of age and 30 years of continuous service, will receive 100% of their health insurance premiums until the age of 65. He or she will then become eligible for medicare and the County will pick up a 100% of the supplemental insurance benefits. Mr. Longerbeam moved for approval. Mr. Smith seconded the motion. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye 366 Robert M. Sager - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye COUNTY ADMINISTRATOR. JOHN R. RILEY. JR.. SALARY ADJUSTMENT APPROVED Mr. Longerbeam stated that the Board had arrived at a salary adjustment for Mr. Riley, and they would be discussing this withhim later as he didn't think the Board routinely voted on the county administrator's salary. Mr. Riley explained that he felt at some point, in open session, the Board needed to approve the certification of merit or something. Mr. Dick stated that they had sort of, we did the merit and where there were salary adjustments, we made them. We said there were three, maybe we should have said four. Mr. Longerbeam replied, Mr. Riley would be number 4. Mr. Ellington stated that he did not agree with that, as he didn't feel it was the intent of the Board for Mr. Riley's increase to be over a two year period. Mr. Dick replied that is correct. Mr. Longerbeam agreed. Mr. Longerbeam moved that Mr. Riley's new salary be set at $85,000 per year. Mr. Smith seconded the motion. 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 - Absent Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY W. HARRINGTON S.MITH, JR., SECONDED BY JAMES L. LONGERBEAM, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED.