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October 11, 1995 Regular Meeting 387 A Regular Meeting of the Frederick County Board of Supervi- sors was held on October ll, 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 Bonnie Mullen, Chaplain, winchester Medical Center. ADOPTION OF AGENDA Upon motion made by Jimmie K. Ellington, seconded by W. Harrington Smith, Jr., the agenda was adopted as presented. 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 CONSENT AGENDA Mr. Riley suggested the following tabs be approved under consent agenda: 1. Cancellation of Second Board Meetings for November and December, 1995 - Tab C; 2. Schedule Public Hearing Date for Planning commission Items - Tab D; 3. Dr. Raymond Fish - Appeal of Family Division Lot Subdivision Requirement - Tab F; 4. Request from C. W. Orndoff, Jr., Treasurer, to Publish 1994 Delinquent Real Estate Taxes and Approval of Abatement of Taxes - Tab G; 5. Request to Validate Parking During Construction - H; 6. Request to Appropriate Additional State Revenue for Schools - Tab J; 7. J.I.C., Ltd. Master Development Plan - Tab R; s. Expansion of James Wood and Sherando Hi9h Schools - Tab Si 388 9. Asbury Terrace Subdivision Road Resolution - Tab T; 10. Top of virginia Development corporation Appeal to the Board Concerning Section 10 and 11 of Fredericktowne Estates - Tab U; 11. Parks and Recreation Commission - Tab W. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the consent agenda was approved as noted above by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. orndoff, Sr. - Aye DELeO PLAZA PRESENTED BUSINESS AWARD FOR OCTOBER. 1995 Mr. Dick presented the board business award for the month of October to Delco Plaza. Mrs. Pat Brasher, manager, was present to accept the award on behalf of Delco Plaza. GARY LEE OWENS PRESENTED EMPLOYEE OF THE MONTH AWARD FOR AUGUST. 1995 Mr. Ellington presented the employee of the month award for August, 1995 to Gary Lee Owens, deputy with the county Sheriff's Department. CITIZEN COMMENTS No one appeared before the board at this time. MINUTES Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr. the minutes of the regular meeting of September 13, 1995 were approved as submitted 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 SECOND BOARD MEETINGS OF NOVEMBER AND DECEMBER CANCF.T.T.F.n - APPROVED UNDER CONSENT AGENDA Due to the Thanksgiving and Christmas Holidays the second board meeting of November and December will be cancelled. 389 NOVEMBER 8. 1995 SCllEDUT.F.n AS PUBLIC HEARING DATE FOR REZONING APPLICATION #001-95 OF WAYNE R. RIDGEWAY PER PLANNING DEPARTMENT - APPROVED UNDER CONSENT AGENDA DR. RAYMOND FISH APPEAL OF PLANNING COMMISSION FAMILY DIVI- sIoN LOT SUBDIVISION REQUIREMENT - APPROVED UNDER CONSENT AGENDA COMMITTEE APPOINTMENTS: MARGARET LAMASTER APPOINTED TO SHAWNEELAND SANITARY DIS- TRICT ADVISORY COMMITTEE TO FILL UNEXPIRED TERM OF MICHAEL R. STEERE Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, Margaret LaMaster was appointed to fill the unexpired term of Michael R. Steere who has resigned. Ms. LaMaster's term will commence on October II, 1995 and expire on June 30, 1997. 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 APPOINTMENTS MADE TO CIVIL WAR MUSEUM COMMITTEE The following appointments were made to the newly formed civil war museum committee: Opequon - Linden Fravel - Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr. Linden Fravel was appointed to the civil War Museum Committee 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 Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Back Creek - Marjorie Copenhaver - Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., Marjorie Copenhaver was appointed to the civil War Museum Committee from Back Creek District. The above motion was approved by the following recorded vote: 390 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 Gainesboro - David Reichert - Upon motion made by Jimmie K. Ellington, seconded by W. Harrington smith, Jr., David Reichert was appointed to the civil War Museum Committee from Back Creek District. 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 Shawnee - Garland Miller, Jr. - Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Garland Miller, Jr., was appointed to the civil War Museum Committee from Shawnee District. 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 Stonewa11 - To be acted upon at next board meeting. Mr. Dick nominated the following citizens to serve at large: Peter Mowitt Becky Ebert Harry Ridgeway Upon motion made by Robert M. Sager the above three names were moved for approval, James L. Longerbeam seconded. 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 391 Mr. Dick asked the board members to review the memorandum that had been provided to them at this meeting concerning the creation of the civil war museum committee and to please make additions or deletions as they deemed necessary. CIVIL WAR JroSEUM COMMI'I"l'EE The role of the Civil War Museum Committee will be as follows: To collect information on the old Frederick County Court- house as to the following: * Feasibility to function as a museum, * Accessibility to the facility, * security, and * Renovation cost to achieve this objective. Once research has been completed and input received from the public, said committee shall share their findings and recommendations with the Frederick County Board of supervisors. Mr. Orndoff stated that he would like to see the museum have more than just civil war materials, did not feel it should be limited to just that. Mr. Longerbeam asked that a start up budget as well as an operational budget be submitted as soon as possible. TREASURER. C. WILLIAM ORNDOFF. JR.. REOUEST APPROVAL TO PUBLISH 1994 DELINQUENT REAL ESTATE TAXES - LIST OF ABATE- MENT OF TAXES ALSO APPROVED UNDER CONSENT AGENDA (A FULL REPORT CONTAINING ALL THIS INFORMATION IS ON FILE IN THE OFFICE OF THE COUNTY ADMINISTRATOR) TREASURER. C. WILLIAM ORNDOFF. JR.. REOUEST BOARD TO CONSIDER VALIDATING PARKING TICKETS DURING CONSTRUCTION OF NEW COUNTY ADMINISTRATION BUILDING - APPROVED UNDER CONSENT AGENDA This validation will be for one hour parking while conduct- ing county business at 107 North Kent street. DEPARTMENTAL FUNDING REOUESTS - APPROVED IN PART Mr. Riley explained that several requests have been pending since the closure of the budget process for FY95-96 and he was requesting at this time that they be approved. Economic Development Commission - $30,544.00 Lord Fairfax Community Collegee $6,244.00 (figure that appeared in agenda). Mr. Riley noted this was an error and the figure should in fact read $2,000. Lord Fairfax Bealth District - $10,000.00 Parks and Recreation - $49,500.00 392 Mr. Orndoff stated that it was his understanding that there were to be no supplemental appropriations and the county is into this year's budget by three and half months and already there are requests for supplemental appropria- tions. Mr. Ellington stated that as the board liaison on the Parks and Recreation Board he is familiar with the requests for the playground equipment at Clearbrook Park and he fully supports this part of their request. Mr. Sager stated he is familiar with the Lord Fairfax Health District and he endorses their request along with the request of Economic Development and Parks and Recreation. Mr. Dick asked if everyone was up to date on their pay- ments, has the city paid their share of the EDC budget. He further inquired about whether this had been discussed by the joint finance committee. Mr. Riley explained that this figure was inadvertently put in, this should not have been in this request. Mr. Orndoff asked if these were the only departments that received below level funding. Mr. Riley replied only EDC. Mr. Orndoff asked if this had gone to the County Finance Committee. Mr. Riley replied no. Mr. Dick stated that he feels Frederick County needs to fund their share of Lord Fairfax community College, as he feels this is embarrassing since the majority of the students attending the college are from Frederick County. Mr. Sager moved to approve the above requests as corrected. Mr. smith seconded this motion. Mr. Longerbeam stated that he would like to offer an amendment to these requests. He feels the amount approved for EDC should be $20,000 from the county with $10,544 coming from the city, whatever 393 the established formula is. He further amends the amount requested by Parks and Recreation to only approve the $24,500 for the playground equipment, not the computer equipment. Mr. Ellington seconded these amendments. The above motion amending the amounts for EDC and Parks and Recreation 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 original motion approving the remaining two requests of Lord Fairfax Community College in the correct amount of $2,000 and Lord Fairfax Health District of $10,000 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 Mr. Longerbeam noted that all computers used within the county offices should be compatible and the different depart- ments should not be out buying their own. Mr. Riley stated that he would refer this to the Informa- tion Services Director. R. THOMAS lIALCOLM. SUPERINTENDENT OF SCHOOLS. REOUESTS APPROPRIATION OF ADDITIONAL STATE REVENUES FOR SCHOOLS - APPROVED UNDER CONSENT AGENDA This budget adjustment requested by the school board is necessary for them to employ staff and secure goods and services related to a greater than anticipated student population. The amount requested is $387,897.00. PUBLIC HEARINGS: PUBLIC HEARING - THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.1-227.8 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. ON THE RESOLUTION ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE RBONDSR) OF THE COUNTY IN THE ESTIMATED MAXIMUM AMOUNT OF $3.700.000.00 TO FINANCE CERTAIN CAPITAL PROJECTS FOR SCHOOL PURPOSES - APPROVED Mr. Riley presented this information to the board. There was no pUblic comment. 394 Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the VPSA bonding as requested above was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Nay Charles W. orndoff, Sr. - Aye PUBLIC HEARING - REQUEST FROM SHENANDOAH VALLEY COMMUNITY RESIDENCES. INC.. A NON-PROFIT VIRGINIA ORGANIZATION. TO BE DESIGNATED AS A CHARITABLE AND BENEVOLENT ORGANIZATION WITH THE CONTEXT OF SECTION 6(a} (6) OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA APPROVED Mr. Riley presented this information to the board. Mr. Joel Friedman, director, was present on behalf of this request. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington the resolution request of Shenandoah Valley community Residences, Inc. for tax exempt status was approved as follows: WHEREAS, Shenandoah Valley Community Residences, Inc., a non-profit organization, has requested the Board of Super- visors of the county of Frederick, Virginia, to support its request for the General Assembly to grant a tax exemption pursuant to Article X, S6 (a) (6) of the Constitution of Virginia for certain real property owned by said organization in the County of Frederick, and WHEREAS, on October 11, 1995, a public hearing was held by the Board of Supervisors after being properly advertised; and WHEREAS, the property at 305 Ridge Road, Winchester, Virginia, 22601, has an assessed value of $98,500.00 and was taxed in 1995 for $541.75 in county real estate taxes; and WHEREAS, personal property, a 1993 Dodge Passenger Van, a 1989 Plymouth station Wagon and a 1988 Ford 2 Door Sedan, has an assessed value of $ 20,275.00 and would be taxed in 1995 for $861.69 in personal property taxes; and WHEREAS, the Board of supervisors examined and consider- ed the provisions of section 30-19.04 (B) of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the county of Frederick, Virginia, hereby supports legislation, pursuant to Article X, S6 (a) (6) of the Constitution of Virginia, to provide: 1. That they be classified and designated as a charitable and benevolent organization; and 395 2. That property owned by Shenandoah Valley Community Residences, Inc., and used by it exclusively for charitable and benevolent purposes on a non-profit basis be determined to be exempt from taxation, state and local, including inheritance taxes. ADOPTED this 11th day of October, 1995. I, John R. Riley, Jr., Clerk of the Board of Supervisors for the County of Frederick, Virginia, hereby certify on this 11th day of October, 1995, that the above resolution is a true and exact copy of one and the same adopted by the Board of Supervisors of the County of Frederick, Virginia, assembled in regular session on October 11, 1995. 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 PUBLIC HEARING - REQUEST FROM SPECIAL LOVE. INC.. A NON- PROFIT VIRGINIA ORGANIZATION. TO BE DESIGNATED AS A CHARI- TABLE AND BENEVOLENT ORGANIZATION WITHIN THE CONTEXT OF SECTION 6(a) (6) OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA - APPROVED Mr. Riley presented this information to the board. There was no public input. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the resolution request of Special Love, Inc., for tax exempt status was approved as follows: WHEREAS, Special Love, Inc., a non-profit organization, has requested the Board of Supervisors of the county of Frederick, Virginia, to support its request for the General Assembly to grant a tax exemption pursuant to Article X, S6 (a) (6) of the Constitution of Virginia for certain real property owned by said organization in the County of Frederick, and WHEREAS, on October 11, 1995, a public hearing was held by the Board of Supervisors after being properly advertised; and WHEREAS, the property at 102 Country Club Circle, WinChester, Virginia, 22602, has an assessed value of $141,500.00 and was taxed in 1994 for $778.25 in county real estate taxes; and WHEREAS, personal property, a 1993 Buick station Wagon obtained in 1995 has an assessed value of $9,475.00 and would be taxed in 1995 for $402.69 in personal property taxes; and WHEREAS, the Board of Supervisors examined and considered the provisions of Section 30-19.04 (B) of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervi- sors of the County of Frederick, Virginia, hereby supports legislation, pursuant to Article X, S6 (a) (6) of the Constitu- tion of Virginia, to provide: 396 1. That they be classified and designated as a charitable and benevolent organization; and 2. That property owned by Special Love, Inc., and used by it exclusively for charitable and benevolent purposes on a non-profit basis be determined to be exempt from taxation, state and local, including inheritance taxes. ADOPTED this 11th day of October, 1995. I, John R. Riley, Jr., Clerk of the Board of Supervisors or the County of Frederick, virginia, hereby certify on this 11th day of October, 1995, that the above resolution is a true and exact copy of one and the same adopted by the Board of Supervisors of the County of Frederick, Virginia, assembled in regular session on October 11, 1995. 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 PLANNING COMMISSION BUSINESS: PUBLIC HEARINGS: PUBLIC HEARING - CONDITIONAL USE PERMIT 1008-95 OF CHARLES W. GOFF FOR GUN AND SMALL ENGINE REPAIR. THIS PROPERTY IS LOCATED AT 10998 NORTH FREDERICK PIKE. IN THE GAINESBORO DISTRICT AND IS IDENTIFIED WITH PIN 03-A-101 - APPROVED Mr. Wayne Miller, zoning administrator, presented this request to the board noting that 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., the above conditional use permit #008-95 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 PUBLIC HEARING - CONDITIONAL USE PERMIT 1009-95 OF VITO AND CARRIE ANGELONE FOR A DOG KENNEL. THIS PROPERTY IS LOCATED AT 376 GOUGH ROAD. IN THE BACK CREEK DISTRICT AND IS IDENTIFIED WITH PIN 60-A-39 - APPROVED Mr. Miller, zoning administrator, presented this request to the board, noting that staff and planning 397 commission recommended approval with conditions. There was no public input. Upon motion made by James L. Longerbeam, seconded by w. Harrington Smith, Jr., conditional use permit #009-95 was approved as submitted. 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 PUBLIC HEARING - REZONING APPLICATION 1003-95 OF PROFE- SSIONAL MOBILE HOME BROKERS TO REZONE 2.1514 ACRES FROM B-2 (BUSINESS GENERAL) TO B-3 (INDUSTRIAL TRANSITION). THIS PROPERTY IS LOCATED ON BERRYVILLE PIKE (ROUTE 7) EAST OF REGENCY LAKES DRIVE IN THE STONEWALL MAGISTERIAL DISTRICT AND IS IDENTIFIED WITH PIN 55-A-34 - APPROVED Mr. Kris Tierney, deputy planning director, presented this request to the board noting that the planning commission recom- mended approval with proffers. There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by Jimmie K. Ellington, rezoning application #003-95 was approved as presented. 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 PUBLIC HEARING - REZONING APPLICATION 1004-95 OF FLYING J. INC. TO REZONE 3.65 ACRES FROM RA (RURAL AREAS TO B3 (INDUSTRIAL TRANSITION). THIS PROPERTY IS LOCATED AT THE INTERSECTION OF INTERSTATE 81 AND REST CHURCH ROAD (ROUTE 669). AND IS IDENTIFIED AS PINS 33A-A-1.2.3.6.7. & 10 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Tierney, deputy planning director, presented this request to the board noting that the planning commission recom- mended approval. Mr. Orndoff inquired about the bridge on Route 81 and whether or not any type of construction was scheduled to help ,98 alleviate the site problems. Mr. Tierney replied not at this stage, this would be done at the site plan level. Mr. Orndoff stated that this concerned him, as he feels it is dangerous. Mr. Orndoff stated that he does not feel the proffers are as much as they should be for the fire company. Mr. Ellington asked about how the sewage would be dealt with. Mr. Tierney explained that it was his understanding that a septic system would be installed on five acres, and this would have to be approved by the health department. Mr. craig Call, attorney at law, representing Flying J. Inc., appeared before the board and by way of a slide presentation and video explained what Flying J. Inc. had done in other parts of the united states and why they would like to locate in Frederick County. He further stated that there are two other locations presently in virginia, those being Caroline and wythe Counties. He explained that a packaged treatment plant is used for treatment of sewage. Mr. Sager stated that the county is very much interested in tourism and asked if Flying J. Inc. would have any area within their facility that could be used to promote tourism for this area. Mr. Call - replied yes, there would be no problem with this. Mr. Henry Buettner, one of the individuals offering this property for sale, appeared before the board noting that this property was rezoned in 1990 and he feels this would be a good business to come to the county for many reasons. Mr. Doug Cochran, resident of Stonewall District, living west of this site, appeared before the board to express his concerns about the amount of water that would be needed for an operation of this size and what the long term 399 effects might be on his well, especially after having experience the type of dry summer we just had. Mr. Buettner referred to Duncan Run and the fact that there has always been water there, he did not feel this would be a problem. Mr. Ellington explained that Mr. Cochrans's concerns were legitimate and he too was concerned about how the citizens in close proximity to this site could be affected by the high water usage of such a business. Mr. Cochran stated that he lives approximately 500 yards from the proposed site. Upon motion made by Charles W. orndoff, Sr., seconded by W. Harrington Smith, Jr., rezoning application #004-95 of Flying J., Inc. was approved. 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 Mr. Dick stated that from all that he knows of Flying J., Inc. it has been very good. End of Public Hearings. OTHER PIJ\NNING ITEMS: J. I. C.. LTD. MASTER DEVELOPMENT PLAN - APPROVED UNDER CONSENT AGENDA This property is located on Arbor Court adjacent to Blue Ridge Industries in Shawnee Magisterial District, and the proposed use is metal works and fabrication. SCHOOL EXPANSION FOR JAMES WOOD AND SHERANDO HIGH SCHOOLS - APPROVED UNDER CONSENT AGENDA These are preliminary development plans for the proposed expansion of James Wood High School and Sherando High School. The proposed improvements will allow each high school to in- crease its capacity from 1,250 students to 1,500 students. James Wood High School will be increased by an additional lS,OOO 400 square feet to provide for additional classroom and cafeteria space, while Sherando High School will be increased by 15,000 square feet for additional classroom space only. ASBURY TERRACE SUBDIVISION ROAD RESOLUTION - APPROVED UNDER CONSENT AGENDA PLANNING COMMISSION DECISION REGARDING FREDERICK'l'OWNE SECTIONS 10 AND 11 APPEALED TO BOARD - APPROVED UNDER CONSENT AGENDA At their regular meeting on October 4, 1995, the planning commission considered the subdivision application of the Top of Virginia Development corporation for Section 10 and 11 of Fredericktowne Estates. The Commission approved the application as presented but with the stipulation that these sections be constructed using the current subdivision ordinance design requirements. Basically, this means that the remaining portions of this development will require curb, gutter and sidewalk construction. Section 1 through 9 of this development were constructed using roadside ditch. The applicant desires to continue the roadside ditch construction and has requested an appeal of the planning commission decision. The board is empowered by Section 144-5 of the Subdivision Ordinance to grant variances or exceptions to the ordinance following a recommendation from the planning commission. Obviously, the planning commission is recommending that curb, gutter and sidewalks be required for the remainder of this development. TOM CHRISTOFFEL AND ROB KINSLEY WERE SCHEDULED TO ADDRESS THE BOARD RE: REGIONAL ECONOMIC AND COMMUNITY DEVELOPMENT PLANNING GRANT - WERE NOT PRESENT End of Planning commission Business. PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation commission met on September 20, 1995. Members present were: Charles Sandy, Charles Chapman, Timothy Hockman, Cheryl Swartz, Robert Hartman, Robert Roper, and Jimmie Ellington. Submitted for Board Information Only: 401 1994-95 Year-End Update Mr. Roper moved that the Department request $24,500 from the year-end balance to match donations from the Rotary and Kiwanis Clubs for the purchase of playground equipment at Clearbrook Park, seconded by Mr. Hartman, carried unanimously (6-0). Mr. Roper moved that the Department request $25,000 from year-end funds to upgrade computer equipment, seconded by Mr. Hockman, carried unanimously (6-0). CIP Recommendation Mr. Roper moved to accept the 1996-97 CIP list, seconded by Mr. Chapman, carried unanimously (6-0). Fees and charges Mr. Hartman moved to accept the revised fees and charges policy for FY 1996-97, seconded by Mr. Chapman, carried unani- mously (6-0). BOARD OF SUPERVISORS COMMENTS There were no comments by board members at this time. UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY ROBERT X. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. j 1 , .' '1 t ( \ ehf'i~n, Board or ~' Supervisors ) ; J