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HomeMy WebLinkAboutSeptember 13, 1995 Regular Meeting 367 A regular meeting of the Frederick county Board of supervi- sors was held on September 13, 1995, at 7:15 p.m., in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Chairman Richard G. Dick; Vice-Chairman W. Harrington Smith, Jr.; 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 the Reverend Dr. Steven Hundley of the First United Methodist Church. ADOPTION OF AGENDA county Administrator John Riley requested the following amendments to the agenda: 1. Memorandum from County Administrator John Riley Re: Request for Board to Ratify Open Burning Ban (Item Number 9 Under county Officials); and 2. Resolution to Authorize county Administrator to Execute Health Department Pump and Haul Permits (Item Number 10 Under County Officials). Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., 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 presented the following items to be approved under the consent agenda: 1. Tab C: proclamation Proclaiming September 30, 1995, as Baseball Day; 2. Tab E: Memorandum Re: Schedule Public Hearing Date for Planning commission Items; 3. Tab F: correspondence from Government Finance Officers Association Re: certificate of Achievement for Excel- lence in Financial Reporting; 4. Tab H: Memorandum Re: Amendment to Handley Library Agreement; 68 5. Tab I: Resolution Re: Authorizing an Application to the virginia Public School Authority Re: Fall 1995 VPSA Bond Sale; 6. Tab M: Subdivision Application of Maxwell T. Mandel, DVM; 7. Tab N: Memorandum Re: Appeal of Family Division Lot Subdivision Requirement; 8. Tab 0: Memorandum Re: Road Name Relocation and New Road Name; 9. Tab P: Road Resolution - Albin Village; 10. Tab Q: Personnel Committee Report; 11. Tab R: Finance Committee Report; and 12. Item #9 Under county Officials: Memorandum from county Administrator John Riley Re: Request for Board to Ratify Open Burning Ban. Supervisor Orndoff requested Tab R - Finance Committee Report, not be included under the Consent Agenda as he had some questions regarding this report. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the above listed items except for Tab R - Finance committee Report, were approved under the Consent Agenda 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 PATRICK A. GRDI NAMED EMPLOYEE OF THE MONTH FOR JULY. 1995 Supervisor Sager presented this award to Deputy Patrick A. Grim acknowledging him as the Employee of the Month for July 1995. Mr. Grim is employed by the Frederick County Sheriff's department and was selected due to his outstanding performance on his investigative techniques, extreme dedica- tion to his job, positive attitude, cooperative spirit, and job knowledge. CITIZEN COMMENTS No one spoke at this time. MINUTES OF AUGUST 9. 1995 APPROVED AS AMENDED On page 24, fifth line in paragraph one, Supervisor 369 Longerbeam asked that the sentence be amended to read as fol- lows: "...salaryadjustment, in lieu of a merit increase next year, 50% this..." On page 18, paragraph 6 (first paragraph after Yote) , Supervisor smith asked that the paragraph be stricken and amended to read as follows: "Mr. Smith could not understand why the county approves decks for townhouses and not individual homes." Upon motion made by Jimmie K. Ellington, seconded by Charles W. Orndoff, Sr., the minutes of the regular meeting of August 9, 1995, were 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 PROCLAMATIOH PROCLAIMIHG S.KP'l'.t:!IBER 30. 1995. AS BASEBALL DAY - APPROVED UNDER THE COHSEHT AGENDA WHEREAS, the baseball team of Shenandoah University is a vital part of the COllege'S sports opportunities provided to its students; WHEREAS, Shenandoah University promotes baseball as truly the "All American Game;" WHEREAS, baseball provides good health and sportsmanship at all levels; WHEREAS, special events and clinics will take place on September 30, 1995, at Shenandoah university to help raise funds needed to support its baseball team; WHEREAS, Shenandoah University seeks Frederick County's support in its effort to help provide funding of its baseball team; HOW, THEREFORE, BE IT RESOLVED, that the Board of supervi- sors of the County of Frederick, virginia, does hereby proclaim Saturday, September 30, 1995, as Baseball Day, and encourages all of its constituents to participate in the fund raising events planned on this date. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this item was approved under the consent agenda 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 370 COMMITTEE APPOINTMENTS VERNON E. JIARSTF.f.ToER. JR.. APPOINTED TO SOCIAL SERVICES BOARD AS GAINESBORO DISTRICT REPRESENTATIVE TO FILL UNEXPIRED TERM OF TOM CHAPLIN Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, Vernon E. Marsteller, Jr., was appointed to the social Services Board, Gainesboro District Representative, to fill unexpired term of Tom Chaplin who resigned, said term to expire June 30, 1997. The above motion was passed 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 RICHARD G. DICK ADDRESSES BOARD RE: APPOINTMENTS TO PANEL TO STUDY FEASIBILITY OF A CIVIL WAR MUSEUM Chairman Dick addressed the board regarding the board's tour of Mr. Harry Ridgeway's residence to view his civil war artifacts. The board is interested in possibly making the Old County Courthouse into a museum once the new county office building addition is completed. The chairman has asked that the board be prepared at their next meeting to appoint members to serve on a panel that will pursue the feasibility and requirements to achieve this undertaking. The chairman asked that a member from each district serve on this panel along with two or three at-large members. PUBLIC HEARING SET FOR OCTOBER 11. 1995 - REZONING APPLICATION #003-95 OF PROFESSIONAL MOBILE HOKE BROKERS - APPROVED UNDER CONSENT AGENDA Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this item was approved under the consent agenda 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 CERTIFICA'fE OF ACHIEVEMENT AWARDED TO FRRnERICK COUNTY PINANCE DEPARTMENT - APPROVED UNDER CONSENT AGENDA 371 A Certificate of Achievement for Excellence in Financial Reporting was awarded to the county's finance department. This achievement is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this item was approved under the consent agenda 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 TREASURER C. WILLIAM ORNDOFF. JR. ADDRESSED BOARD RE: UPDATE ON DELINOUENT TAXES Treasurer C. William Orndoff appeared before the board to present the Annual Report on Delinquent Taxes. This report lists persons delinquent in real estate taxes, personal proper- ty, sanitary district fees, and street light fees as of June 30, 1995. The treasurer asked that if it is the desire of the board to publish in a local newspaper the delinquent real estate tax listing as of June 30, 1994, and as done in previous years, the board would need to take action to approve same. In addition, the treasurer reported that the most recent code changes by the General Assembly allows local governments to abate tax bills of less than $5.00 and bills on which the balance due is less than $5.00. Frederick County's combined total of these two items is $353.46 for 123 accounts. The majority of this amount reflects incorrect amounts written on checks for payment of taxes. The treasurer asked that if it is the board's desire to abate these tax bills, the board would need to take action to approve same. Chairman Dick acknowledged receipt of the above information and asked that these two action items be placed on the agenda for the next board meeting in October. 372 AMENDMENT TO HANDLEY LIBRARY AGREEMENT APPROVED BY FREDERICK COUNTY BOARD OF SUPERVISORS JULY 24. 1995 - APPROVED UNDER CONSENT AGENDA The Clarke County Board of Supervisors requested the amendment of the paragraph of Section 9 of the Handley Library Agreement approved by the Frederick county Board of Supervisors on July 24, 1995, dealing with annual contribution of each jurisdiction to the budget deficit to read as follows: "Each jurisdiction shall contribute for the following fiscal year ~~/~~~~~t/;~~~~/t~/lt~/p;t~;~t~w;/~1/t~t~~ ~lt~~~~tl~~/tl~;~/t~;/~~~w;t/~;11~lt/~ppt~Y;~/~1/t~; j~tt~~I~tl~~~ a proportionate share of the appropriated portion of the budget approved by the jurisdictions that is in the same proportion as its proportionate share of total circulation." Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this item was approved under the consent agenda 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 #007-95 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY - APPROVED UNDER CONSENT AGENDA WHEREAS, the Frederick county School Board and the Board of Supervisors ("Board") of the county of Frederick, Virginia ("county") have determined that it is advisable to contract a debt and issue general obligation bonds of the county in an amount not to exceed $3,700,000.00 to finance certain capital improvements for public school purposes ("Bonds") and to sell the Bonds to the Virginia Public School Authority ("VPSA")i NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPER- VISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The County Administrator is authorized and direct- ed to submit an application to the VPSA in order to sell the Bonds to the VPSA at the Fall 1995 VPSA bond sale. 2. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring, constructing and equipping the capital improvements for school purposes from the proceeds of its debt or other financings. The maximum amount of debt of other financing expected to be issued for such improvements is $3,700,000.00. 3. This resolution shall take effective immediately. 373 Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this item was approved under the consent agenda 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 SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE RECOMMEN- DATIONS FOR ACCEPTING DONATED LOTS FROM PROPERTY OWNERS - APPROVED AS AMENDED Mr. Riley presented a report submitted by Shawnee land Sanitary District Advisory Committee Chairman George H. Ludwig regarding the committee's recommendations for the county to accept donated lots from Shawnee land property owners. Accep- tance would be based on lots which are of little value to the property owner and other conditions set forth as described in the committee's report and is filed in the county adminis- trator's office. Mr. Riley and County Attorney Lawrence Ambrogi reviewed the committee's recommendation and requested the following amend- ments to same as the committee has no authority in these mat- ters: 1. Page 2, Paragraph 6: The J~yt_~t1/~~~ttt;; Sanitarv District Manaqer reserves the right to reject any offers of gift lots. Acceptance of any gift of three or more lots from anyone donor must be explicitly approved by the J~yl~~t1/~~~ltt;; Board of Supervi- sors or dulY authorized aqent (sanitarv district manaqer) . 2. Page 2, Paragraph 8: As soon as a transfer has been completed the ~~~~t1 Sanitary District will send a letter of acknowledgement and thanks to the donor. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the Shawnee land Sanitary District Adviso- ry Committee's recommendations for the acceptance of donated lots from property owners was approved as amended by the follow- ing 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 374 REQUEST FOR BOARD TO RATIFY COUNTY ADMINISTRATOR' S EMERGENCY BAN ON OPEN AIR BURNING ORDERED ON SEPTEMBER 10. 1995. AND TO ALLOW THE COUNTY ADMINISTRATOR TO IMPLEMENT OR REMOVE BAN ON A DAY TO DAY BASIS - APPROVED UNDER CONSENT AGENDA The county administrator, on September 10, 1995, ordered a ban on both private and commercial open air burning within Frederick county under the emergency provi- sions of Chapter 45, Article II, Section 45-10E of the Code of Frederick county, Virginia. This section of the code requires the board to ratify the emergency order at the next meeting following such action. This ban was necessary due to the lack of rain and sudden increase in field and woods fires both in the county and surrounding region. The county administrator also requested the ability to implement or remove the burning ban on a day to day basis as needed until such time as wet weather is experienced. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this item was approved under the consent agenda 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 #008-95 TO APPROVE THE COUNTY ADMINISTRATOR' S EXECUTION OF PUMP AND HAUL PERMITS AND REVISED PUMP AND HAUL AGREEMENT - APPROVED Mr. Riley presented Environmental Health Specialist Senior Doug Dailey'S request for board approval of a revised pump and haul agreement to eliminate the requirement for separate pump and haul contracts between Frederick County, the State Health Commissioner, and individual property owners who want pump and haul systems. This agreement is on file in the county administrator's office. In addition, approval was needed by the board to allow the county admini- strator's execution of the pump and haul permits when submitted. 375 Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the following resolution and agreement attached thereto, was approved: WHEREAS, the Frederick County Board of Supervisors author- izes the County Administrator to execute pump and haul permits between the Commonwealth of Virginia, state Department of Health and the County of Frederick; and to take whatever measures necessary to obligate third parties, either through contractual agreements or bonding for said pump and haul facilities. The above motion was passed 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 PUBLIC HEARING ITEMS PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 54. BUILDING MAINTENANCE: SECTION 54-1. STANDARDS ADOPTED: ENFORCEMENT. THIS AMENDMENT WILL ALLOW FOR THE ENFORCEMENT OF THE VIRGINIA STATEWIDE BUILDING CODE. NOT ONLY FOR COMMERCIAL AND INDUSTRIAL BUILDINGS. BUT ON A TENANT COMPLAINT BASIS FOR RESIDENTIAL BUILDINGS. THIS PROPOSED AMENDMENT WILL REFLECT CHANGE IN STATE LAW WHICH WENT INTO EFFECT JULY 1. 1995 - APPROVED A public hearing was held to receive comments on the following proposed Frederick County Code amendment: BE IT ORDAINED, that Chapter 54, Section 54-1, is hereby amended to read as follows: S 54-1. Standards adopted; enforcement. The Board of Supervisors for the County of FrederiCk, Virginia, Departments of Planning and Building, is hereby designated to act as the enforcing agency for the enforcement of Volume II, the Building Maintenance Code, of the Virginia Uniform Statewide Building Code for Commercial and Industrial Buildings, and on a tenant complaint basis for residential buildings, duly adopted by the Virginia Board of Housing and Community Development under the authority of S36-98 and 36-103 of the Code of Virginia. The Chief Building Official shall be the enforcing official for the enforcement of the above regula- tions. Enforcement shall be according to the terms of this chapter. No one spoke in favor of or opposing this ordinance amend- '" ment. Supervisor Longerbeam stated he opposed approving this ordinance amendment as he disagrees with the enforcement that applies to residential buildings. Supervisor Smith was reluctant to approve this code amend- ment but since this is a state unfunded mandate he felt the 376 county had no choice in the matter. He asked the county administrator to contact Jim Campbell of the Virginia Association of Counties (VACO) and ask what position, if any, VACo took on this matter. The county administrator was also instructed to send a letter to the Department of Housing expressing Frederick County's disapproval of this ordinance amendment and its intention to repeal same. Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., the above code amendment was approved by the following recorded vote: Richard G. Dick - Nay W. Harrington Smith, Jr. - Aye James L. Longerbeam - Nay Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - ORDINANCE TO AMEND THE FFRnERICK COUNTY CODE. CHAPTER 144. SUBDIVISION OF LAND: ARTICLE V. DESIGN STANDARDS" AND CHAPTER 165 ZONING" ARTICLE IV SUPPLEMEN TARY USE REGULATIONS. TO CREATE NEW DESIGN STANDARDS FOR MINOR COLLECTOR ROADS - APPROVED Director of Planning and Development Robert Watkins pre- sented the following two ordinance amendments to the board. The Planning Commission recommended approval in their meeting of september 6, 1995. WHEREAS, An ordinance to amend Chapter 144, Subdivision Of Land, of the Frederick County Code, Article V, Design Standards, Section 144-17, Streets, was referred to the Planning Commission on September 6, 1995; and WHEREAS. the Planning commission held a public hearing on this ordinance adoption on September 6, 1995; and WHEREAS. the Board of Supervisors held a public hearing on this ordinance adoption on September 13, 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 practice; BOW. THEREFORE BE IT ORDAINED by the Frederick County Board of supervisors that Chapter 144 of the Frederick county Code, subdivision Of Land, Article V, Design standards, Section 144-17, streets, is amended as described on the following attachment: 37.T AMENDMENTS TO CHAPTER 144 - SUBDIVISION OF LAND 144-17B (1) Residential streets shall be laid out to discourage through traffic. New residential lots shall not have direct vehicle access to roads defined as major collector or arterial by the Frederick County Comprehensive Plan or by the Virginia Depart- ment of Transportation. 144-17K(2) Minor collector. A "minor collector" shall be a street within a subdivision that collects traffic from local streets and dis- tributes it to the major collector and arterial system. These streets provide land access service and traffic circulation within residential, commercial, and industrial areas and may be required to serve as access to adjoining properties or to connect with streets in adjoining subdivisions. Minor collec- tors shall have a projected average daily traffic count at full build out from 401 to 3,000 average daily trips or be streets designated as minor collectors by the Frederick County Compre- hensive Plan. Minor collectors shall be constructed to the VDOT Urban Design Standards. (a) Minimum right-of-way shall be as required by VDOT. 144-17K(3) Major collector. A "major collector" shall be a street that collects traffic from local streets and minor collectors and distributes it to the arterial system. These streets provide links to higher classified routes and serve as important intra- county travel corridors. Major collectors shall have a project- ed average daily traffic count at full build out from 3,001 to 6,000 average daily trips or be streets designated as major collectors by the Frederick County Comprehensive Plan. (a) Minimum right-of-way shall be 80 feet. 144-17K(4) Minor arterial. A "minor arterial" shall be a street designed to provide for either primary or secondary through traffic movement between major secondary roads, collectors, arterials or other major thoroughfares. Minor arterials interconnect and supplement the principal arterial system with a greater emphasis on land access and a lower level of traffic mobility. The minor arterial shall have a projected average daily traffic count at full build out from 6,001 to 8000 average daily trips or be street designated as a minor collector by the Comprehensive Plan and shall be constructed to the following standards in accor- dance with projected traffic: (a) Minimum right-of-way shall be 90 feet. This ordinance shall be in effect upon its passage. WHEREAS, An ordinance to amend Chapter 165, Zoning, of the Frederick County Code, Article IV, Supplementary Use Regula- tions, section 165-29, Motor Vehicle Access, and section 165-37 Buffer and Screening Requirements, was referred to the Planning commission on September 6, 1995; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on september 6, 1995; and 318, WHEREAS, the Board of supervisors held a public hearing on this ordinance adoption on september 13, 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; HOW, THEREFORE BE IT ORDAIHED by the Frederick County Board of supervisors that Chapter 165 of the Frederick county Code, zoning, Article IV, Supplementary Use Regula- tions, section 165-29, Motor Vehicle Access, and section 165-37 Buffer and screening Requirements, is amended as described on the following attachment: AMENDMENTS TO CHAPTER 165 - ZONING ORDINANCE 165-29(6) The minimum spacing for access on minor collector roads shall be 70 feet between driveways and between driveways and intersections. The minimum spacing for business or indus- trial entrances and road intersections on major collector roads shall be 150 feet. 165-37E(1) All residential structures shall be separated from arterial or major collector roads, as designated by VDOT or the Frederick County Comprehensive Plan by the following road efficiency buffers: Road Type Distance Buffer Required Interstate/arterial/ Inactive Active Total limited access (minimum feet) (maximum) (feet) Full 50 50 100 Reduced 40 40 80 Major Collector Inactive Active Total (minimum feet) (maximum) (feet) Full 40 40 80 Reduced 25 25 50 This ordinance shall be in effect upon its passage. No one spoke in favor of or opposing the above ordinance amendments. supervisor Longerbeam asked whether or not subdivision plans already approved would be vested under the new require- ments. Mr. Watkins explained that subdivision plans already approved would be vested under the old requirements; however, master development plans would be vested under the new re quirements as they do not designate how roads are to be designed. 379 Supervisor Sager expressed some concern with the extension of existing roads under one designation and the possibility of the extension being classified under a new designation. Mr. Watkins explained that the ordinance allows the ability to waive requirements for planned roads which are an extension of an existing road in an existing development. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above ordinance amendments to amend the Frederick county Code were 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 End of Public Hearings. SUBDIVISIOH APPLICATIOH 1008-95 FOR MAXWELL T. HAHDEL. DVM - PROPERTY LOCATED ON S.E. CORNER OF FAIRFAX PIKE (ROUTE 2771 AND HIGHLANDER ROAD (ROUTE 10201 IN STEPHENS CITY. VIRGINIA - APPROVED UlIDER CONSENT AGENDA The Planning Commission, in their meeting of September 6, 1995, approved this application as submitted with the following requirements: 1. Review agency comments be complied with, including a written joint use agreement for the shared entrance, and 2. The sides of the structures adjacent to the new property line be evaluated and upgraded, if required by the building official. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this item was approved under the consent agenda 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 REOUEST FROM DR. RAYMOND FISH FOR EXEMPTION OF REOUIREMENTS FOR FAMILY DIVISION LOT SUBDIVISION - APPROVED UlIDER CONSENT AGENDA A request from Dr. Raymond Fish was presented to the board asking for a hardship exemption from the 250 foot minimum 380 requirement at the front setback line for the creation of family division lots in the Rural Area District. The appeal is based on the inability of Dr. Fish to create five family division lots along Apple pie Ridge Road (Route 739) and meet said requirement. The Planning commission unanimously recommended approval of the 5 family division lots based on the following stipulations: 1. only one entrance off of Apple pie Ridge road (route 739) to serve the 5 lots, and 2. The plats and deeds for said lots must include the restriction that no additional entrances will ever be allowed to service same. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this item was approved under the consent agenda 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 TO MOVE ROAD NAME -SPINNING WHEEL I.J\NE- FROM PRESENT LOCATION OFF ROUTE 608. WARDENSVILLE GRADE. TO A NEW LANE LOCATED OFF ROUTE 50. ROUND HILL. AND RENAME THE -OLD SPINNING WHEEL LANE- TO -DELMAS TRAIL- - APPROVED UNDER CONSENT AGENDA The Road Naming Committee received a request from Benchmark Communications to relocate road name "Spinning Wheel Lane" to the QI02 location off of Route 50 and to rename the former Spinning Wheel Lane to "Delmas Trail." Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this item was approved under the consent agenda 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 TO INCORPORATE ALBIN DRIVE. COOPWORTH COURT. ROMNEY PLACE. SHEPHERDS COURT. SUFFOLK CIRCLE. AND VILLAGE LANE (ALBIN VILLAGE SECTION II SUBDIVISIONl IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION' S (VDOTl SECONDARY SYSTEM OF STATE HIGHWAYS - APPROVED UNDER CONSENT AGENDA A resolution was presented to the board which is the 381 final action necessary to incorporate the above referenced roads in the Albin village section II Subdivision to the secondary road system as detailed in VDOT's Form SR-5(A) attached to this resolution and filed in the county administrator's office. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this item was approved under the consent agenda 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 COMMITTEE REPORTS PERSONNEL COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Personnel Committee met on Wednesday, September 6, 1995, at 8:30 a.m. in the County Administration Building, Fourth Floor Conference Room. Present at the meeting were James L. Longerbeam, chairman; Jimmie Ellington; Robert Gordanier; Leonard Newcome; John R. Riley, Jr.; and Ann Kelican. Toni Wallace was absent. Request from the Planning and Development Director to Fill Vacant Planner I Position - Approved Mr. Bob Watkins, planning director, appeared before the committee and requested approval to fill a vacant planner I position in his department. The committee unanimously recom- mends approval of this request (attachment is filed in the County Administrator's Office). Request from the Regional Jail to Create a Civilian Inmate Records Supervisor position - Approved The committee reviewed a request from the Regional Jail to create a civilian inmate records supervisor at a range 14. This is not an additional position but a restructure of the current staff to better utilize their skills. The committee recommends approval of this request (attachment is filed in the County Administrator's Office). Request from the Reqional Airport Authoritv for Salarv Adiustment for Executive Director - Approved The committee reviewed a request from the regional jail to create a civilian inmate records supervisor at a range 14. This is not an additional position but a restructure of the current staff to better utilize their skills. The committee recommends approval of this request (attachment is filed in the County Administrator's Office). Request from the Commissioner of Revenue for Restructure and New Hire - Approved The committee reviewed the attached request from Ellen Murphy, commissioner of the revenue, for restructure of person- nel in her department. The restructure proposes the reclassifi- cation of three (3) current positions and the addition of a clerk I position. Funds currently budgeted for the vacant 382 accountant position in this department would be utilized to fund this request and no additional county funds are needed. The committee recommends approval of this request (attachment is filed in the County Administrator's Office). Employee of the Month for July 1995 This award was presented at the beginning of the meeting. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the Personnel Committee Report, as submitted above, was approved under the consent agenda 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 FINANCE COMMITTEE REPORT - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Finance Committee Report Items 1-24 were approved as submitted with discussion on items #2 and #24: The Finance Committee met in the County Administration conference area at 107 North Kent Street on Wednesday, August 16, 1995 at 8:00 a.m. Present were: Committee Chairman W. Harrington Smith, Jr.; Committee members 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., Harvey E. Strawsnyder, Jr., James E. Boyd, and Tom Sullivan. Committee member James L. Longerbeam was absent. The following agenda items were presented to the board for approval: The Personnel Director Requests a General Fund Supple- mental Appropriation in the Amount of $2.500 - Denied This amount represents a carry-forward and is needed to pay the administrative fee for the County's Section 125 Plan. See attached memo, p. 1-4. The committee does not recommend approval. The Countv Administrator Requests a Administration Buildinq Fund Supplemental Appropriation in the Amount of $50.000 - Approved This amount represents anticipated invoices to be received during the current fiscal year. This amount is re- quested to be taken from the Administration Building re- serves. See attached memo, p. 5. The committee recommends approval. 383 Supervisor Orndoff questioned the need for this appropria- tion. Mr. Riley explained that this money was needed to pay for unanticipated expenses, if any, related to IDA bonding, etc. for the new county office building; however, all unexpended funds will be returned to the administration building reserves. The Clerk of the circuit Court Reauests a General Fund Supplemental Appropriation in the Amount of $6.013.07 - Approved This amount represents unspent grant money that needs to be appropriated. No additional local funds are needed. See attached memo, p. 6. The committee recommends approval. The Reaional Jail Reauests a Reaional Jail Supplemental Appropriation in the Amount of $29.428.74 - Approved This reserves. approval. additional position requires funding from the jail See attached memo, p. 7. The committee recommends The Department of Plannina and Development Reauests a General Fund Supplemental Appropriation in the Amount of $12.357.50 - Approved This amount is being reimbursed by VDOT and needs to be appropriated. No additional local funds are needed. See attached memo, p. 8. The committee recommends approval. The Director of Public Works Reauests a General Fund Supplemental Appropriation in the Amount of $15.000 - Approved This amount represents a carry-forward and is needed to continue road improvements. See attached memo, p. 9-10. The committee recommends approval. The Director of Public Works Reauests a General Fund Supplemental Appropriation in the Amount of $50.000 - Approved This amount represents a carry-forward of which $26,700 is needed to cover costs related to the new building and $23,300 is needed to cover costs associated with storm water drainage. See attached memo, p. 9-10. The committee recommends approval. The Director of Public Works Reauests a General Fund Supplemental Appropriation in the Amount of $100.000 - Approved This amount represents a carry-forward and is needed to cover costs associated with fencing the existing compactor sites and completing the Shawnee land compactor site. See attached memo, p. 9-10. The committee recommends approval. The Director of Public Works Reauests a General Fund Supplemental Appropriation in the Amount of $36.500 - Approved This amount represents a carry-forward to cover the cost of the new cat house addition and freezer at the Animal Shelter. See attached memo, p. 9-10. The committee recommends approval. The Director of Public Works Reauests a Landfill Supplemen- tal Appropriation in the Amount of S150.000 - Approved 384 This amount represents a carry-forward and is needed for the design of the new construction debris landfill. See attached memo, p. 9-10. The committee recommends approval. The Director of public Works Reauests a General Fund SUDDlemental ApproDriation in the Amount of $7.482 - Approved This amount is needed to do unanticipated repairs to the Old Frederick County Courthouse. Additional local funds are necessary. See attached memo, p. 11-12. The committee recommends approval. The Sheriff Reauests a General Fund SUDDlementa+ ApproDriation in the Amount of $1.182.09 - ADDroved This amount represents a carry-forward of funds re- ceived for the DARE program during the previous year but not expended. See attached memo, p. 13. The committee recom- mends approval. The Sheriff Requests a General Fund SUDDlemental ADDroDriation in the Amount of $25.302.95 - Approved This amount represents a carry-forward of funds for the Crime Analysis Grant. See attached memo, p. 14. The committee recommends approval. The Sheriff Reauests a General Fund SupDlemental ADDropriation in the Amount of $11.196 - ApDroved This amount represents grant funds that need to be appropriated. No additional local funds are needed. See attached memo, p. 14. The committee recommends approval. The Parks and Recreation Director is Requestina Budaet Transfers in the Amount of $32.000 - ApDroved When the County made budget cuts, the amounts were not deducted in the proper categories. No additional local funds are needed. See attached memo, p. 15-16. The commit- tee recommends approval. The InsDections DeDartment Reauests a General Fund SUDplemental Appropriation in the Amount of $481.32 Denied This amount represents insurance reimbursements re- ceived during the current year for repairs made during the previous year. It is requested that this amount be placed in 4-010-3401-3004-000-002 Repairs and Maintenance - Vehicle. No additional local funds are needed. See attached copies, p. 17-18. The committee does not recommend approval. The Director of Public Works Reauests a Landfill SUDDlemental ADDroDriation in the Amount of $1.232.60 - Denied This represents an insurance reimbursement received during the current year for repairs made during the previous year. It is requested that this amount be placed in 4-012-4204-3004-000-001 Repair and Maintenance - Equipment. No additional local funds are needed. See attached copy, p. 19. The committee does not recommend approval. The Sheriff Reauests a General Fund SUDDlemental Appropriation i~ the ~~9unt of $7.000 - Denied 3851 This represents an insurance reimbursement received during the current year for repairs made during the previous year. It is requested that this amount be placed in 4-010-3102-3004-000- 002 Repair and Maintenance - Vehicle. No additional local funds are needed. See attached copy, p. 20. The committee does not recommend approval. The Director of Parks and Recreation Requests a General Fund supplemental Appropriation in the Amount of $2.609.95 - Denied This represents insurance reimbursements received during the current year for property stolen and replaced during the prior year. It is requested that $2,019.95 be placed in 4-010-7110-7007-000-000 ADP Equipment and $590.00 be placed in 4-010-7109-7003-000-000 Communications Equipment. No additional local funds are needed. See attached memo, p. 21-22. The committee does not recommend approval. The Director of Court Services Requests a Division of Court Services Budqet Transfer in the Amount of $143.252 - Approved This transfer is needed to eliminate the Diversionary Program and create a new department: Old Dominion Community Corrections. No additional local funds are needed. The commit- tee recommends approval. The School Finance Director Requests a School Fund Supple- mental Appropriation in the Amount of $2.321.099.43 - Approved Of this amount, $999,713.97 for school operating/textbook and the remaining $1,321,385.46 is for school construction. These amounts represent outstanding purchase orders on June 30, 1995. See attached list, p. 23-42. The committee recommends approval. Supervisor Orndoff questioned this appropriation. School Superintendent Torn Malcolm appeared before the board and ex- plained that this appropriation was needed to carry forward funds for on-going capital construction projects and purchase orders issued in FY 94-95 but not paid in FY 94-95 because items were not received until FY 95-96 or have not been received to date. The procurement act does not allow the payment of invoic- es until services/merchandise has been completed/received. This action is taken by all county departments in which items ordered under a purchase order have not been received in the year the purchase orders are issued. The Finance Director Requests a General Fund Supplemental Appropriation in the Amount of $170.203.84. a Reqional Jail Supplemental Appropriation in the Amount of $2.800.00. a Landfill Supplemental Appropriation in the Amount of $859.435.69. and a Shawnee land Supplemental Appropriation in the Amount of $31.297.00 - Approved These amounts represent outstanding purchase orders on June 30, 1995. See attached list, p. 43-61. The committee recom- 386 mends approval. The Finance Director Requests a General Fund Supple- mental Appropriation in the Amount of $468 - Approved This amount represents Smelser funds received in FY 95 that need to be remitted to the trust fund. No additional local funds are needed. The committee recommends approval. The following item was submitted for the board's information only: Attached is an acknowledgement and thank you from First Night Winchester for the $500 donation given by Frederick County for FY 1995-96. 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 End of Committee Reports COMMISSION ON LOCAL GOVERNMENT Supervisor smith addressed the board regarding the commission on Local Government's tour, presentation, and public hearing held on September 11, 1995. He felt the city and county were very well received. UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY ROBERT M. SAGER, AND PASSED UNANIMOUSLY, THE BOARD OF SUPERVISORS ADJOURNED AS THERE WAS NO FURTHER BUSINESS TO DISCUSS. -I l --- .(:' Cler