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November 08, 1995 Regular Meeting 4 11 A Regular Meeting of the Frederick County Board of Super- visors was held on November 8, 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. ABSENT: John R. Riley, Jr., county administrator, was not present at the start of the meeting. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Paul King of the Winchester Church of God. ADOPTION OF AGENDA Mr. Orndoff asked that the Public Works Committee Report from the meeting held this a.m. be added to the agenda. Mr. Smith requested an executive session under 2.1-344 subsection (A)3 for discussion of acquisition and disposition of real estate. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the agenda was adopted as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Smith suggested the following tabs be approved under consent agenda: 1. county Office Hours for Christmas/New Year's Holiday - Tab C; 2. Schedule Public Hearing Date for Planning Commission Items - Tab D; 3. Appropriation of Bond Payment - Tab F; 412 4. Resolution to Restore Fair Share State Aid for Public Schools - Tab G; 5. Battlefield Network Plan - Tab K; 6. Public Works Committee Report. Mr. Ellington requested that Tab G not be approved under the consent agenda. 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 CITIZEN COMMENTS Jim Wilson, county resident, appeared before the board as a county businessman to express his displeasure with the county planning department. He referred to a request of his that had been presented to the planning commission and he feels the decision they rendered was not done properly. He feels very strongly in his opposition to the way his request was handled. He further feels small businesses are getting jerked around by staff and this should not be happening in county government. He also expressed his displeasure with regard to a remark made by board member Robert M. Sager concerning a building that he currently owns. MINUTES Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the regular meeting of October 25, 1995 were 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 413 COUNTY HISTORIC PLAQUE PRESENTED TO MARTHA C. CLEVENGER Mr. Orndoff, Sr., presented a county historic plaque to Martha C. Clevenger owner of "cleridge" located in stonewall District. BOARD SETS OFFICE HOURS FOR CHRISTMAS/HEW YEAR'S HOLIDAY - APPROVED UNDER CONSENT AGENDA The following schedule will be observed by county offices for the Thanksgiving/Christmas/New Year's Holiday: THANKSGIVING County offices will be closed on Thursday, November 23 and Friday, November 24. All county offices are to close at noon on Wednesday, November 22 as well. CHRISTMAS/NEW YEAR'S County offices will be closed on Christmas Day (December 25) and New Year's Day (January 1). county offices will close at noon Friday (December 22) and be closed all day on Tuesday, (December 26) as well. In addition, employees may take one additional day of holiday leave on Wednesday (December 27), Thursday (December 28), Friday, (December 29) or Tuesday (January 2). Department heads may coordinate this additional day of holiday leave so that offices are adequately staffed and service to the public is not disrupt- ed. PUBLIC HEARING DATE SCHEDULED FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA December 13, 1995 established as pUblic hearing date for Interstate Area (I.A.) overlay District: Consideration of an amendment to the Frederick County Zoning Map. JUDITH A. MORRIS APPOINTED TO COUNTY SOCIAL SERVICES BOARD TO FILL UNEXPIRED TERM OF BARBARA C. CLAYTON Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Judith A. Morris was appointed to the County Social Services Board, from Shawnee District, to fill the unexpired term of Barbara C. Clayton who resigned. This term will begin on November 8, 1995 and expire on June 30, 414 1998. MARGARET B. DOUGLAS APPOINTED TO DOWNTOWN DEVELOPMENT BOARD Mr. Dick stated that he would, at this time, like to appoint Margaret B. Douglas, who was recently elected to the board of supervisors from Back Creek District to the Downtown Development Board. He realizes that she does not officially take office until January 1, 1996, however if the board has no objections with this appointment he would like to have this appointment approved. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., Margaret B. Douglas was appointed tb the Downtown Development 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 - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye APPROPRIATION OF BOND PAYMENT - APPROVED UNDER CONSENT AGENDA The December debt service payment for the County Administration building is due this month. These funds are available in the Administration Building Fund but need to be appropriated. Therefore, the Finance Director is requesting an Administration Building Fund Supplemental Appropriation in the amount of $439,718.87. RESOLUTION TO RESTORE FAIR SHARE STATE AID FOR PUBLIC SCHOOLS - NOT APPROVED - TO BE REDRAFTED The resolution presented to the board was drafted by the Clarke County Board of Supervisors and forwarded to this board requesting that they endorse same. Mr. Ellington explained that some of the language in this resolution concerned him, therefore he is not in favor of endorsing this resolution as presented. 415 Mr. Dick has a problem with the fact that they are in favor of funding education, and if this is the case then they should be doing more in the area of economic development, and in doing so they would learn to help themselves. Mr. Longerbeam feels some of the rhetoric is a little too much and he too feels as Mr. Dick does about the area of econom- ic development. Mr. Sager stated that he also does not agree with the wording. Mr. Riley came in at this time. Mr. Longerbeam stated that he feels this resolution needs to go back to Clarke County. Mr. Smith stated that the VACo meeting is Saturday - would there be enough time to have this rewritten. Following further board discussion it was the consensus of the board that Mr. Riley would rewrite the resolution as there will be adequate time to get VACo's endorsement before the General Assembly convenes in January. COUNTY ADMINISTRATOR UPDATES BOARD ON ROUTE 37 PROJECT Mr. Riley explained to the board members that staff has met on several occasions with Virginia Department of Transportation staff and consulted with various Commonwealth Transportation Board members relative to the status of Route 37. They have come to the conclusion that if the money the county advanced for pre-design and EIS to the Virginia Department of Transportation can be returned, the county will reinvest same in final design. The county will be reimbursed as segments are approved in the six Year Plan. The county will work with the Virginia Depart- ment of Transportation when hardship issues arise with reference to property acquisitions when right-of-way has been finalized. The county staff will still take the lead in the project and work with the various consultants on the project. Mr. Longerbeam asked what would be the earliest date the county could sit down with VDOT to discuss this further. .16 Mr. Riley replied, hopefully early January. Mr. Dick asked Mr. Riley if he really felt it could be done that early. Mr. Riley replied yes. Mr. Sager asked if there would still be time for some changes to be made. Mr. Riley replied yes. Upon motion made by Robert M. Sager, seconded by Jimmie K. Ellington, the following letter will be sent to VDOT concerning Route 37. Jack Hodge, Chief Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, virginia 23219 Dear Mr. Hodge: The Frederick County Board of Supervisors, at their meeting on November 8, 1995, has agreed to the following: 1. Frederick County will reinvest the $1 million it has already spent in the development of design plans upon reimbursement from VDOT for a reduced width corridor within whatever termini it deems appropriate. 2. Frederick County will continue to act as the contract- ing part with VDOT providing appropriate staff support and assistance in administering consultant activities. 3. Frederick County will identify potential hardship cases for early right of way acquisition by Frederick County with VDOT's assistance on prioritization. 4. Reimbursement of funds expended will be scheduled as portions of the project appear in the Department's six Year Improvement Program. We look forward to working with you to develop a specific agreement to implement this outline. Sincerely, John R. Riley, Jr., County Administrator 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 417 PUBLIC HEARING - CONDITIONAL USE PERMIT #010-95 OF JOSEPH EDMISTON FOR A DOG KENNEL. THIS PROPERTY IS LOCATED AT 295 HOLLOW ROAD AND IS IDENTIFIED WITH PIN 26-4-2-50 IN THE BACK CREEK DISTRICT. (TABLED FROM: OCTOBER 25. 1995 MEETING) - DENIED Wayne Miller, zoning administrator, presented this request to the board noting that staff and the planning commission recommended approval with conditions. He further explained that the board could limit the number of dogs that would be permitted at the site and to the best of his knowledge there are approxi- mately thirty dogs at the location at this time. Mr. Joe Edmiston appeared before the board at this time wherein he explained that he currently has approximately forty dogs, and most of these are smaller dogs. He has approximately twelve acres and because of this acreage he is requesting the board not to restrict him in the number of dogs he may have at one time. He further explained that the closest neighbor is approximately a quarter of a mile away. Mr. Longerbeam moved for approval. Mr. Ellington seconded. Mr. Smith referred to a letter from Ms. Pennington, as well as comments from the county animal control officer, that were included as information in the agenda. He feels that even though the location has changed he is still concerned as to whether or not these same infractions might occur with respect to the treatment of the dogs. Mr. Dick stated that these comments reflect what took place at the previous location. Mr. Miller explained that the comments referring to a previous location should not have any bearing on this request, and if the board deemed necessary the animal control officer could be asked to check this site periodic ally. Mr. Longerbeam stated that he would like to add some 418 additional conditions to those offered by the planning department. 1. This permit would be issued for 120 days, and at the end of that time a review of the site and permit would take place. 2. During this 120 days the amount of dogs at the site will not exceed forty. Mr. Sager asked if there were no way to check on compliance other than by complaint. Mr. Miller replied that is correct. Mr. Orndoff stated that in the past, other kennels have not had to do this, so why is the county making this request any different. Mr. Longerbeam replied because of all the complaints and concerns that were received at the previous location, he feels this is necessary. Mr. Ellington stated that it was his understanding that this site would be revisited at the end of the 120 day period. Mr. Longerbeam stated that was correct. Mr. Edmiston stated that the statements as noted by Mr. Smith were completely untrue. Mr. Smith referred to a letter from Esther Boyd, wherein she refers to dogs being kept in the garage. The above motion to add two additional conditions to this conditional use permit was denied by the following recorded vote: Richard G. Dick - Nay w. Harrington Smith, Jr. - Nay James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Nay Mr. Ellington moved to approve this conditional use permit, without additional conditions as requested by Mr. Longerbeam. Mr. Orndoff seconded the motion. The above motion was denied by the following recorded vote: Richard G. Dick - Nay W. Harrington Smith, Jr. - Nay James L. Longerbeam - Nay Robert M. Sager - Aye 419 Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - REZONING APPLICATION 1001-95 OF WAYJJE R. RIDGEWAY TO REZONE 2.047 ACRES FROM RA (RURAL AREA) TO B3 (INDUSTRIAL TRANSITION). THIS PROPERTY IS. LOCATED ON US ROUTE 522 JUST SOUTH OF THE INTERSECTION OF BRYARLY ROAD (ROUTE 789). AND IS IDENTIFIED AS PIN 42-A-249 IN THE GAINESBORO DISTRICT - DENIED Mr. Kris Tierney, assistant planning director, presented this request to the board, noting that the planning commission recommended denial. The following citizens appeared before the board to address this request. Sharon Robertson, area resident living across the highway from the property in question, appeared before the board stating that she does not want to see a truck rental business in this area. She has no problem with the small equipment sales, however she is concerned about the extra traffic that this type of business could generate. Sharon Lineweaver, area resident, is opposed to this request as she does not feel it would be good for the neighbor- hood and asked that all those present opposing this requ~~t to please stand. Ronald Lineweaver, area resident, is opposed to this request as he feels it would not benefit the neighborhood. The community is a good one and he wants it to remain that way. Robert Hester, area resident living next door to the property in question he is opposed to this request as he feels a truck rental business in this area would not be good for the community. Sharon Stine, realtor for this property along residing in the area, addressed the hours of operation for the truck rental as well as the store, and explained that she felt the business would be a good neighbor. Raymond Edwards, resident living across the road from the lot in question, explained that should this property b~ rezoned for this business and for some reason it did not 420 work out, his concern was what other type of business could locate at this site in the future. Conrad Christianson, representing the Bethel Church which is located close to the area in question, expressed concern about the parsonage and how the minister living there would be exposed to the operation of the U-Haul with trucks entering and exiting all hours of the night. The congregation of the church is asking that the board deny this request. Mr. Ellington asked how the vote of the church was han- dIed. Mr. Christianson replied it was the vote of the minister and church council. Joe Lizer, local businessman, stated that he felt the hardware store would be an asset, but not the U-Haul Truck- ing, therefore he is requesting that the board deny this request. Wayne Ridgeway appeared before the board at this time and explained why he was making this request. Mr. Longerbeam asked Mr. Ridgeway if he felt the U-Haul trucking was absolutely necessary. Mr. Ridgeway explained that he has this type of business at another location, and yes he would like to have it here. He further explained that he had planned to build a log type building at this site to house the hardware store. Jimmie K. Ellington moved to deny this request and Mr. Orndoff seconded. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Nay James L. Longerbeam - Nay Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles w. Orndoff, Sr. - Aye PUBLIC HEARING - 1996-1997 FREDERICK COUNTY SECONDARY RO IMPROVEMENT PLAN - APPROVED 421 Mr. Evan Wyatt, planner II, presented this plan to the board. Mr. Smith asked if Route 636 was completed. Mr. Wyatt replied no. Mr. smith further inquired as to why work had been done on both ends of this route, however there was a section in the middle that was not finished and he did not understand why this small section was left undone. Mr. Bushman, engineer with the highway department, ex- plained that some times this is the way the work is planned. Mr. Longerbeam asked about the status of Route 642. Mr. Bushman explained that the pre plan meeting was held this past week. No one appeared before the board to address this plan. Upon motion made by Jimmie K. Ellington, seconded by W. Harrington Smith, Jr., the 1996-1997 Frederick County Secondary Road Improvement Plan was approved as presented. (A complete copy of this plan is on file in the office of the county admin- istrator as well as the planning department). 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 PUBLIC HEARINGS BATTLEFIELD NETWORK PLAN - APPROVED UNDER CONSENT AGENDA The Frederick County-winchester Battlefield Task Force has completed a strategic plan for battlefields in the area. The plan is intended to provide a flexible blue print for the creation of a battlefield park system in the area. It is understood that the strategies may have to be modified over time. The staff would like to request that the Board agree to a public hearing on this plan at their December 13 meeting. 422 The Planning Commission has recommended adoption unanimously. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on wednesday, November 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 Administra- tor, John R. Riley, Jr., Landfill Manager, steve Frye, and Director of Public Works, Harvey E. strawsnyder, Jr., P.E. The following items were discussed: *** Items Requirinq Action *** Reauest from Service Authoritv Reqardinq Sludqe Tipping Fee We received a request from the Frederick-Winchester Service Authority to maintain the sludge tipping fee at a rate of $18.00 per ton for a period of three (3) years. They also would like an agreement which gives them the right to extend the rate for an additional three (3) years and the right to withdraw from the contract if land application of sludge becomes more environmentally and economically feas- ible. A motion was made by W. Harrington smith, Jr. and seconded by Dudley Rinker to maintain the tipping fee for sludge at a rate of $18.00 per ton for a period of three (3) years assuming that the current Department of Environmental Quality (D.E.Q.) regulations continue to allow the landfill to utilize the sludge for daily cover and composting. The motion was unanimously approved. (See attachment 1) Acceptance of Tires from Other Localities We have received requests from Warren and Page Counties to take their tires for shredding. They will assume the responsibility for the costs associated with the shredding operation. The Frederick County Landfill will, in turn, become the end user of the tire chips. As an end user, we are entitled to a reimbursement of up to $30.00 per ton for any costs that we would incur handling the tires or tire chips. D.E.Q. has indicated that we can utilize tire chips in our leachate collection layer and as daily cover. The use as a leachate collection material would result in a substan- tial savings. We are estimating that the two (2) jurisdictions would generate approximately 25,000 tires combined per year. A motion was made by Dudley Rinker and seconded by W. Harrington Smith, Jr. to accept the tires from Warren and Page Counties provided D.E.Q. continues to approve the tire chips as a daily cover and/or leachate collection material. This motion was unanimously approved. W. Harrington Smith, Jr. added that this issue should be revisited on a yearly basis. Hours of Operation at the county compactor sites We are currently in the process of fencing the Double Toll Gate, Middletown Scales and Shawnee land compactor 423 sites. The Board of Supervisors had previously approved a dawn to dusk operating scheme. The Director of Public Works requested that the dawn to dusk time frame be defined in terms of hours of operation. After discussing this issue, John Riley, Jr. recommended the following time schedule: from April 1 to October 31 - 7:00 a.m. to 8:30 p.m., from November 1 to March 31 - 7:00 a.m. to 6:00 p.m. A motion was made by W. Harrington Smith, Jr. and seconded by Karen Kober to adopt the above hours of operation and post them when the sites are fenced. The motion was unanimously approved. *** Items Not Requiring Action *** Reauest for Additional Caretaker position at the Animal Shelter The construction of the new addition to house cats is currently in progress with an estimated completion date of January 1, 1996. This addition to the animal shelter was previously included in the FY94/95 budget and carried over into the FY95/96 budget. In addition to the new cat house, we had requested an additional full time caretaker position. This position was eliminated from the FY94/95 and FY95/96 budgets with the under- standing that it would be created when the addition was completed. A motion was made by W. Harrington smith, Jr. and seconded by Jim Wilson to create an additional full time caretaker position. The motion was unanimously approved. Uodate on New Leachate Treatment Facility The new leachate treatment facility is nearing completion. Everything has been completed except setting the pump in the new pump station and installing the aerators in the polishing pond. It is anticipated that the treatment process will be operational on or before January 1, 1996. Chanqes in Fees at the Esther BoYd Animal Shelter The animal shelter manager is requesting changes to the existing fee schedule. A copy of the proposed changes are attached. These new fees will be implemented during the upcoming budget process for FY96/97 (See attachment 2) Uodate on New ComDactor site at Shawnee land We have commenced construction of the new compactor site at Shawnee land to replace the existing dumpster site. To date, we have completed the rough grading, installed retaining walls and slab, set new power pole, and ordered the new compactor. The site development will also include fencing, full and partial screening, appropriate signage and recycling containers. It is anticipated that the site will be operational on or about December 18, 1995. Miscellaneous ReDorts a. Animal Shelter Report (see Attachment 3); b. Recycling Report (see Attachment 4); and c. Tonnage Report (see Attachment 5) 424 BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the board retired into executive session in accordance with the Code of Virqinia, 1950, as amended, section 2.1-344, Subsection A(3) to Discuss Acquisition and Disposition of Real Estate. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington, the board withdrew from executive session. This motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W.Iiarrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD OF SUPERVISORS COMMENTS There were no comments by board members at this time. '- 425 UPON JlOTION JlADE BY ROBERT JI. SAGER, SECONDED BY JIMMIE K. ELLINGTON, THERE BEING NO FURTHER BUSINESS TO COKE BEFORE THIS BOARD, THIS JlEETING IS HEREBY ADJOURNED. C1erk, 1 /l /' A /L1<V< ~/ --- Board of Supetvisors I I J