Loading...
August 10, 1994 Regular Meeting 025 A Regular Meeting of the Frederick County Board of Supervi- sors was held on August 10, 1994, 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 In absence of a minister the chairman asked that everyone observe a moment of silence. ADOPTION OF AGENDA Mr. Riley requested an addition under county officials dealing with Gore School. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, 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 PRESENTATION OF AWARD - POSTPONED UNTIL S.ta"'rJSffBER BOARD MEETING AS RECIPIENT WAS OUT OF TOWN CONSENT AGENDA Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Request and Resolution from Virginia Department of Transportation Re: Road Abandonment Route 522 - Tab C; 2. Road Resolution - Prince Frederick Drive - Tab L; 3. Memorandum Re: Appointment to Battlefield Taskforce - Tab M; 4. Memorandum Re: 1995-96 Frederick county Secondary Road Improvement Plan - Tab N; 5. Activity Report - July 1-15. 1994 - Tab 0; 6. Transportation Committee Report - Tab P; 7. Parks and Recreation Commission Report - Tab Q; 8. Code and Ordinance Committee Report - Tab R. 026 Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the consent agenda was approved by the follow- ing recorded vote: Richard G. Dick - Aye (abstained from voting on Tab L) W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye MINUTES Upon motion made by Robert M. Sager, seconded by Jimmie K. Ellington, the minutes of the special meeting of June 21, 1994 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 Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes of the regular meeting of July 13, 1994, 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 Upon motion made by Jimmie K. Ellington, seconded by Charles W. Orndoff, Sr., the minutes of the special meeting of July 20, 1994, 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 Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the special meeting of July 22, 1994, 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 JOHN R. RILEY. JR. AND ROBERT WATKINS REAPPOINTED TO LORD FAIRFAX PLANNING DISTRICT COMMISSION 027 Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., John R. Riley, Jr., countyadministra- tor, and Robert Watkins, planning director, were reappointed to the Lord Fairfax Planning District Commission for a two year term, said term to terminate on September 30, 1996. 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 ABANDONMENT OF SECTION OF ROAD NEAR THE WEST VIRGINIA STATE LINE - APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia Department of Transportation has constructed from 3.53 miles south of the West Virginia state Line to the West Virginia state Line on new alignment under project #6522-034-109, C502, RW202. WHEREAS, the project sketch attached and incorporated herein as a part of this resolution defines adjustments required in Secondary System of Highways as a result of construction, and WHEREAS, the new road serves the same citizens as served by the portion of old road identified in project sketch to be abandoned with portions no longer serving a public need, and NOW, THEREFORE BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add Links D to E and F to G to the Secondary System of State Highways pertinent to section 33.1-229 of the Code of Virginia for which section this Board hereby guarantees the right-of-way to be clear and unre- stricted, including any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board hereby abandons Links A to B, B to C and H to I from the Secondary System of State Highways pertinent to section 33.1-155 of the Code of Virginia, and BE IT FINALLY RESOLVED, this Board orders that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. CITY-COUNTY NEGOTIATIONS DISCUSSED Mr. Riley discussed the proposed resolution with the board. Mr. Dick noted that he thought the cost was to be $6.2 million, but this resolution says $6.5 million. He further noted that he would like to have a cap on the total dollar amount to be spent as part of the final motion. Mr. Orndoff asked if the $6,000,000 from O'Sullivan includ- ed fixtures or was that separate. 028 Mr. Longerbeam explained that the total was to be $6.5 million for everything. Mr. Sager stated that he had some concerns. Mr. Longerbeam moved for approval of the resolution and Mr. Sager seconded for discussion purposes. Mr. Sager stated that parking for citizens is a big concern as he felt citizens need to be able to get in and out of town more quickly than they are able to now. Mr. Dick stated that he did address traffic during the discussions held recently. Mr. Longerbeam explained that based on the discussions held recently between the city and county officials, he felt the city will move quickly on the areas that need to be addressed such as the flow of traffic. Mr. Sager stated that he felt the $6.5 million should be locked in. Mr. Smith explained that he felt the furnishings should be included in this figure and the total should not exceed $6.5 million. Mr. Orndoff stated that it concerned him about where the citizens of the county would park, as he didn't feel this plan would free up any additional parking for them, and he also questioned the fact that parking would be made available to county employees on the roofs of the two parking garages when all discussions he was a part of definitely said, that no county employees would be asked to park on the roofs. Mr. Dick stated that parking has always been a problem, and it is a concern. He further stated that this has been addressed and that a drive-in window service has been discussed for the Treasurer's Office. He stated that the county did ask for free parking for the employees and some will receive parking, under roof if they are currently parking there, while new employees would park on the roof. Mr. Orndoff stated that he felt some things are premature and asked about the heating and air conditioning system at the Court House Associates Building, as he understands there will be 029 cost involved in having this repaired. He further stated that if the school administration does not come downtown, will we need all the space that is in the Court House Associates Build- ing. Mr. Longerbeam explained that it would cost half the amount to renovate the present school administration office space back into an elementary school as it would to build a new elementary school that would house 550 students. Mr. Orndoff felt that more time is needed to address this area of the total plan before the board actually votes on this proposal. He does not feel students in the stonewall District should be bused to the old Kline School. Mr. Dick stated that he knew the renovation of the old Kline school would not answer Stonewall School problems, however this is the top priority on the school board list of construc- tion projects. Mr. Orndoff asked if the board of supervisors could make the school board administration move if they elected not to. Mr. Dick replied that the board of supervisors does the funding. Mr. Longerbeam stated that he felt Mr. Malcolm would be in agreement to moving their offices downtown. Mr. Riley explained that the same rule applied here as does with the constitutional officers. Mr. Sager stated that he had hoped for a permanent morato- rium on annexation, however this did not happen as part of the final agreement with the City of Winchester, but he would hope that the word annexation would not be heard again during the next twelve years. Mr. Dick stated that the Commission on Local Government would have the final word after the General Assembly meets in special session in september. Mr. Ellington addressed his concerns about the interest rate and explained why he had elected to vote against this issue as he felt a referendum should have been held. 030 Mr. Dick stated that over the years quite a lot of money had been spent on the building of various schools within the county without any referendums being held. The board moved at this time to endorse the eight points as spelled out in a letter dated August 4, 1994 from city council- ors Harry smith and Jerry Partlow, as well as the follow up letter dated August 4, 1994 from City Manager, Ed Daley as follows: August 4, 1994 Honorable Richard G. Dick Chairman Frederick County Board of Supervisors 9 Court Square Winchester, virginia 22601 Honorable James L. Longerbeam supervisor Back Creek District, county of Frederick 9 Court Square Winchester, Virginia 22601 Dear Gentlemen: We are pleased to respond to your letter of July 26, 1994. Thank you for your assistance and patience throughout this process. It is the City's intent to complete a formal agreement with the County within our desired time frame. The specific items we have agreed to are as follows: (1) The City will not exercise annexation prior to January I, 2006. file a notice to annex prior to that its current rights of Specifically, it will not time. (2) The county shall keep its administrative offices in downtown Winchester during the term of the city's forbearance of its annexation rights, as set out in paragraph I i.e., until January I, 2006; reserving therefrom the right to locate such satellite facilities wheresoever it deems necessary to best serve its citizens. (3) The building at 107 North Kent Street is owned by Courthouse Associates Limited partnership. That group must approve a price and the release of further liability concerning all matters at issue in the pending suit of Courthouse Associ- ates Limited Partnership v. Frederick county, virginia, Chancery No. C94-175, Circuit Court of Frederick County, and the dismiss- al of with prejudice of such suit. The building will be purchased by the Industrial Develop- ment Authority (IDA) on or before september 30, 1994, with interim financing until IDA bonds are obtained. All costs will be part of the project. The total cost of the "County Office Project" shall include the purchase cost of the Courthouse Associates building, demoli- tion of County property commonly known as 9 Court Square and the former J.C. Penney's site and construction of the new 68,000 square foot building on that site. All financing costs incurred by the City and the the project shall be part of the total project costs. shall not include any additional charges. IDA for The city 031 (4) The County shall request special legislation from the Commonwealth of Virginia authorizing the use of a build- er/developer for this project. The City shall prepare a suit- able Request For Proposals for advertisement for interested builder/developers. The City will consult with the County on the selection of a builder/developer. The City will accept the County's recommendations as allowed by law. (5) The IDA shall finance the acquisition of the "County Office Project" with IDA bonds. (6) The City agrees to facilitate the approval process for the demolition and removal of County owned buildings commonly known as 9 Court Square and the former J.C. Penney's site. The builder/developer would be responsible for this demolition and removal as part of the construction project. (7) The City shall provide a total of 185 parking spaces for use by the County for its employees. 125 spaces will be on the roofs of the Court Square and Braddock Street Autoparks. 60 will be provided on the other floors of same. The Parking Authority will allocate spaces on the other floors after the roof spaces are filled. (8) This agreement is contingent upon the demolition and removal of the aforesaid buildings at 9 Court Square and the former J.C. Penney's site and the construction of the new 68,000 square foot building thereon being in compliance with all ordinances, including zoning, laws, or statutes applicable thereto. Please let us know if we can be of further assistance. We sincerely appreciate your efforts. Sincerely, Harry S. Smith City Councilor Jerry B. Partlow City Councilor cc: City Council Edwin C. Daley John R. Riley, Jr. Mark K. Flynn August 4, 1994 Mr. John R. Riley, Jr. County Administrator Post Office Box 601 Winchester, Virginia 22604 Dear John: As a follow-up to our review of the City letter to Freder- ick County concerning the new offices, I am confirming the following: (1) County employees currently parking in covered spaces in the autoparks will be allowed to continue this practice as part of the 60 covered spaces. Other employees starting to park in the garages will be assigned to the roof spaces until the 125 are taken. Once the roof spaces are taken, the Parking Authori- ty will assign and reassign employees to covered and roof spaces according to county wishes. (2) The County IDA and McGuire, Woods, Battle and Boothe will be used to finance the deal. 032 (3) I have asked Courthouse Associates to jointly file with the County for an extension to the response time in the suit until after Courthouse Associates' part of this deal is completed. The partnership and the City have agreed to a sale price of $2,500,000 and a closing date of september 30, 1994. The sale is contingent upon dismissal with prejudice of the suit. The schedules are flexible and subject to change as necessary. Please let me know what else we need to do. Sincerely yours, Ed Daley City Manager The board further endorsed the purchase of Courthouse Associates Limited partnership Building located at 107 North Kent Street, and the construction of a new office building to be located at 9 Court Square, with the total cost of this, includ- ing furnishings, not to exceed $6.5 million. Mr. Dick stated that he had asked Mr. Ambrogi if it was okay for him to vote on this issue, and Mr. Ambrogi had replied yes. 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 - Nay Charles W. Orndoff, Sr. - Nay Mr. Orndoff stated that he voted against this as he felt the county offices should be moved to the county. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., to approve the following: RESOLUTION ON COUNTY ADMINISTRATIVE OFFICES WHEREAS, the Frederick County Administrative Offices are not economically feasible to be repaired; and WHEREAS, it is necessary to immediately start a rebuilding program that will effectively meet its citizens needs and the requirements of the Americans with Disabilities Act; and WHEREAS, compliance deadlines require substantial comple- tion by January 26, 1995. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the Code of Virginia, 1950, as amended, Section 11-42.2:1, the Frederick County Board of Supervisors does hereby request that special legislation be enacted by the Virginia General Assembly, meeting in special session, to allow the County of Frederick to utilize 033 the design build procedure for construction.of its administra- tion building; and BE IT ~UKrHKR RESOLVED, that this legislation be effective upon passage by the Virginia General Assembly. The above resolution 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 GORE SCHOOL DISCUSSED Mr. Riley explained to the board that he had received a proposal for purchase of the Gore School, however in order for the interested party to be able to do what they would like to, the property would have to be rezoned. He further stated that this would constitute spot zoning. Mr. Sager stated that he felt the board needed to proceed with this. Mr. Longerbeam explained that he had talked with the fire company and they were not interested as they had their own facilities. Mr. Bob Watkins, planning director, addressed the area of rezoning and noted that this would be stretching the rules on rezoning. Mr. Riley stated that he did not feel it would be worth the $50,000 that had been offered for the property to get into all this as far as rezoning is concerned. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, that this be sent back to the planning staff for further study and recommendation. 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. Longerbeam moved to modify the motion to include the notification of the potential bidder of what the board has done. Mr. Sager seconded. 034 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 Hearina: REOUEST FROM THE WAYSIDE FOUNDATION FOR THE ARTS. INC. (ALSO KNOWN AS WAYSIDE THEATRE). A NON-PROFIT VIRGINIA ORGANIZATION. TO BE DESIGNATED AS A CHARITABLE AND BENEVO- T.F.IIT ORGANIZATION WITHIN THE CONTEXT OF SECTION 6 (a) 6 OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA - APPROVED Mr. Christopher Owens, Director, was present on behalf of Wayside Foundation for the Arts. There was no public input. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., to approve the request from Wayside Foundation for the Arts and the following resolution: REQUEST BY THE WAYSIDE FOUNDATION FOR THE ARTS, INC. FOR EXEMPTION FROM TAXATION PURSUANT TO ARTICLE X, SECTION 6 (A) 6 OF THE CONSTITUTION OF VIRGINIA WHEREAS, Wayside Foundation for the Arts, Inc., also known as wayside Theatre, 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 August 10, 1994, a public hearing was held by the Board of supervisors after being properly advertised; and WHEREAS, the property at 7853 Main Street, Middletown, Virginia, has an assessed value of $323,000.00 and was taxed in 1993 for $1,776.50 in county real estate taxes. 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: 1. That they be classified and designated as a charitable and benevolent organization; and 2. That property owned by the wayside Foundation for the Arts, 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. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the above request from Wayside Foundation for the I 035 Arts and the following resolution 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 REOUEST OF THE WINCHESTER-FREDERICK COUNTY JAYCEES. PURSU- ANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVJU,s: SECTION 86-3 (C) PERMIT REQUIRED: APPLICATION: ISSUANCE OR DENIAL. FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON AUGUST 27. 1994. WESTVIEW BUSINESS PARK (ROUTE 50 EAST) - APPROVED Mr. Riley presented this request to the board. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the above festival permit for the Winchester-Frederick County Jaycees was 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 Planning Commission Business: Public Hearinq: REZONING APPLICATION #003-94 OF C. L. ROBINSON. CORPORA- TION. TO REZONE 16 ACRES FROM RA (RURAL AREAS) TO B3 (INDUSTRIAL TRANSITION) FOR THE DISTRICT OFFICE OF THE WINCHESTER DIVISION OF THE VIRGINIA DEPARTMENT OF TRANSPOR- TATION. THIS PROPERTY IS LOCATED ON ROUTE 50 WEST (NORTH- WESTERN PIKE) AT THE INTERSECTION WITH ROUTE 803 (ROUND HILL ROAD). IN THE BACK CREEK DISTRICT. AND IS IDENTIFIED AS PIN 53-A-71. (CONTINUED FROM JULY 13. 1994 MEETING.) TABLED Mr. Kris Tierney, assistant planning director, appeared before the board and noted that this was a continuation of a previous public hearing held by the board as well as an actual site meeting at the proposed location attended by board members and staff. He addressed the area of proffers and also explained to the board that the environmental impact study had not been received by the planning staff. Mr. Dick stated that the board would need to review the impact study before taking an action on this request, and asked how long before this would be available. Mr. Tierney replied that it was expected any day. 036 Mr. Ellington had some questions concerning what the planned buildings would look like. Mr. Jerry Copp, representing Virginia Department of Trans- portation, appeared before the board and explained the various steps that were required of their department before this land could be purchased. Mr. Copp further explained, by way of a drawing, exactly what was planned by VDOT for this site. He stated that this would not be a district office, it would be an extension of the Edinburg Office. Mr. Smith asked about the storage of the various equipment and vehicles. Mr. Dick asked about the type of screening that was planned for the facility as well as what was being planned for the additional acreage that is part of the overall plan. James L. Longerbeam moved and W. Harrington Smith, Jr., seconded that this rezoning application #003-94 of C. L. Robin- son, Corp., be tabled and the public hearing continued until such time as the environmental impact study is available. Mr. Copp stated that the impact study was received by the planning department this date. REZONING APPLICATION #004-94 OF BROWN LOVETT. JR.. TO REZONE 59.71 ACRES FROM RA (RURAL AREAS) TO MI (Liaht INDUSTRIAL) FOR MANUFACTURING USES. THIS PROPERTY IS LOCATED ON MARTINSBURG PIKE. OPPOSITE THE INTERSECTION WITH STEPHENSON ROAD. IN THE STONEWALL DISTRICT. AND IS IDENTI- FIED AS PIN 44-A-75. TABLED Mr. Orndoff noted that he would be abstaining from any and all discussion, as well as voting on this issue, as he is an adjoining property owner. Mr. Tierney presented this rezoning application to the board noting that planning staff, as well as the planning commission, had recommended denial of this request. Mr. Chuck Maddox, of G. W. Clifford Associates, appeared before the board at which time a slide presentation of the area was presented. Mr. Dick asked if a deceleration lane was planned and also about what type of screening was planned for the wet area. 037 Mr. Maddox explained that there was no deceleration lane planned and outlined what would be used for screening in addi- tion to what was already there. Mr. Longerbeam asked what was planned for this property down the road. Mr. Maddox replied that has not been decided at this time. The following citizens appeared before the board opposing the rezoning request: O.L. Payne, adjoining property owner, noting that he had a petition with 683 names opposing this request. Mr. Payne also noted the close proximity of the stonewall School, the Clearbrook Parks and Recreation site, as well as the Frederick County Fair Grounds, to this land in question. Richard Demorest, representing Emmanuel Methodist Church, is opposed to the proffers that were offered and is very con- cerned about the environmental impact to this area should this be approved. Jolene Orndoff, adjoining property owner, noting that this rezoning is premature and that it is not included in the county comprehensive plan and is very concerned about what it could do to the wells and springs in the area as far as contamination is concerned. Maurice Conner. Jr. is opposed to this and concerned about the increase in traffic and the close proximity of the school, parks and fair ground. Shirley H. wilson, concerned about the flooding that occurs in this area as she has seen the land in question under water during heavy rains. Loretta Shuster, concerned about the increase in traffic and all the problems that would be caused if this is approved. Glen Wilder opposed to this request. Does not understand how they could accomplish what they say they would in 5 years. Mr. Longerbeam moved to table this request for an addition- al 30 days. Mr. Sager seconded the motion. 038 The above motion to table for 30 days 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. - Abstained REZONING APPLICATION 1005-94 OF BURGER BUSTERS TO REZONE .84 OF AN ACRE FROM M1 (LIGHT INDUSTRIAL) TO B2 (BUSINESS GENERAL) FOR A RESTAURANT WITH DRIVE-THRU. THIS PROPERTY IS LOCATED ON THE WEST SIDE OF WELLTOWN ROAD. 200' NORTH OF THE INTERSECTION OF WELLTOWN ROAD AND MARTINSBURG PIKE. IN THE GAINESBORO DISTRICT. AND IS IDENTIFIED AS PIN 43-2-A - APPROVED Mr. Tierney presented this information to the board. There was no public input. Mr. Lee Garvin, representing Burger Buster appeared before the board to answer any questions they might have. Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, rezoning application #005-94 of Burger Busters 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 CONDITIONAL USE PERMIT 1003-94 OF EVERETT S. RIGGS FOR AUTOMOBILE REPAIR. WITHOUT BODY REPAIR. TO BE CONDUCTED IN AN ATTACHED GARAGE. THIS PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF HITES ROAD AND COUGH.!. ROAD. IN THE OPEOUON DISTRICT. AND IS IDENTIFIED AS PIN 84-A-18 - APPROVED Mr. Wayne Miller, zoning administrator, presented this information to the board noting that it was recommended for approval with conditions as noted. Mr. Riggs was present on behalf of his request. Upon motion made by Robert M. Sager, seconded by Jimmie K. Ellington, conditional use permit #003-94 of Everett S. Riggs was approved as presented, with conditions, by the 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 CONDITIONAL USE PERMIT 1004-94 OF GREG L. COVERSTONE FOR A GARAGR FOR MINOR MOTORCYCLE SERVICING WITHOUT BODY REPAIR. 039 THIS PROPERTY IS LOCATED ON MILLWOOD PIKE. AT THE INTERSEC- TION OF SULPHUR SPRINGS ROAD. IN THE SHAWNEE DISTRICT. AND IS IDENTIFIED AS PIN 64-A-182 - APPROVED Mr. Dick noted that he would be abstaining from any and all discussion concerning this request as he is an adjoining proper- ty owner. Mr. Wayne Miller presented this request to the board noting that staff and planning commission had recommended approval with conditions. Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, conditional use permit #004-94 of Greg L. Coverstone was approved, as presented with conditions, by the following recorded vote: Richard G. Dick - Abstained 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 MASTER DEVELOPMENT PLAN - FIELDSTONE HEIGHTS - APPROVED Mr. Evan Wyatt, planner II, presented this request to the board. Upon motion made by Charles W. Orndoff, Sr., seconded by Jimmie K. Ellington, the master development plan of Fieldstone Heights 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 ROAD RESOLUTION - PRINCE FREDERICK DRIVE - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form SR-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County, and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Trans- portation have entered into an agreement on June 9, 1993 for comprehensive stormwater detention which applies to this request for addition, 040 NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets de- scribed on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virgin- ia, and the Department's Subdivision street Reauirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FUKrttKK RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virgin- ia Department of Transportation. (NOTE) As noted under the consent agenda Mr. Dick abstained from voting on this resolution. CHARLES ALTON APPOINTED TO BATTLEFIELD TASK FORCE - APPROVED UNDER CONSENT AGENDA MEMORANDUM RE: 1995-1996 FREDERICK COUNTY SECONDARY ROAD IMPROVEMENT PLAN - APPROVED UNDER CONSENT AGENDA The Frederick County Transportation Committee will be holding a public hearing on the above reference plan on Tuesday, September 6, 1994. Staff has not received any project requests that will require the update of the Incidental Construction section of this plan. All projects that are currently in this section of the plan will be funded by the end of the 1995-1996 fiscal year. Therefore, it would be appropriate to add new projects to this section during this year's update. Incidental construction is defined as minor construction projects that cost between $25,000 and $100,000. Examples involve drainage improvements, site distance improvements, spot widening, replacing overflow pipes with box culverts, and the application of cold mix on existing road surfaces. VDOT deter- mines if a proposed project qualifies for Incidental Construc- tion based on the overall scope of the improvement. Included with this memorandum is a copy of the Incidental Construction section of the 1994-1995 Secondary Road Improvement Plan. ROAD IMPROVEMENT PROJECTS FUNDED UNDER 1993 - 1994 SECONDARY ROAD CONSTRUCTION BUDGET MAJOR ROAD IMPROVEMENT PROJECTS: Rt. 661 (Welltown Road) from Rt. 672 (Hiatt Road) to Rt. 663 (Payne Road) HARDSURFACE ROAD IMPROVEMENT PROJECTS: Rt. 734 (North Sleepy Creek Road) from U.S. Rt. 522 North (North Frederick Pike) to 1.5 miles south of u.S. Rt. 522 North Rt. 699 (New Hope Road) from 0.5 miles to 0.7 miles south of Rt. 694 (Dick Ridge Road) INCIDENTAL CONSTRUCTION: Rt. 659 (Burnt Factory Road) - bridge over Red Bud Run Rt. 622 (Cedar Creek Grade) - apply cold mix between Rt. 37 and Rt. 620 (Miller Road) Rt. 681 (Hunting Ridge Road) - install overflow pipe at Brush Creek Rt. 648 (Passage Road) - spot widen, improve visibility 041 Rt. 681 (Hunting Ridge Road) - spot widen and tree removal Rt. 604 (Gravel Springs Road) - relocate curve and intersection with Rt. 714 (Creek Lane) NOTE: Funding for the realignment of the intersection of Rt. 656 (Greenwood Road) and Rt. 657 (senseny Road) has been allocated. Advertisement for construction will occur after sufficient right-of-way has been secured. ACTIVITY REPORT - JULY 1-15. 1994 - APPROVED UNDER CONSENT AGENDA TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Frederick County Transportation Committee conducted a meeting on August 1, 1994. The main topic of discussion in- volved the proposed Bicvcle Plan for the City of Winchester and Frederick Countv. Representatives of the Winchester/Frederick County Bicycle Committee made the presentation and addressed comments and concerns of the Transportation Committee. The Transportation Committee recommended that the proposed Bicycle Plan should be referenced in the next update of the Comprehen- sive Plan. The committee also recommended that VDOT should begin designing and constructing bicycle facilities during the road improvement process. This would include roads that are referenced in the Bicycle Plan, as well as new roads that traverse and connect residential subdivisions. The Transportation Committee also agreed to conduct a public hearing on september 6, 1994 for the update of the Frederick County secondary Road Improvement Plan. PARKS AND RECREATION COMMISSION - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on June 2l, 1994. Members present were: Robert Roper, Charles sandy, Cheryl Swartz, Timothy Hockman, Robert Hartman, Carmen Rio, William Eyles. Submitted for Information Only: The Commission unanimously endorsed a request from the SPCA for a possible joint venture agreement for a Labor Day event. Revised Policy - Cosponsored Groups - Mr. Hartman moved to adopt the changes as reflected in the revised policy, seconded by Mr. sandy, carried unanimously (7-0) Revised Policy - Reduced Rates in Recreation Proaram - Mr. sandy moved to adopt the policy change, seconded by Mr. Hockman, carried unanimously (7-0). Reauest from Diane Melbv. Back Creek Resident - Ms. Melby asked the Commission to reconsider its policy of allowing some students to have two sessions of swimming lessons while others receive no lessons. Mr. Rio moved that the staff change the policy to accommodate as many people as possible in each swim- ming program for the remainder of this year, seconded by Mr. Hartman, motion failed (1 to 5, Mr. Roper abstained). Mr. Hartman moved that the third session of swimming lessons be made up of people progressing from previous classes, then filled from waiting list people, and finally open to the public, seconded by Mr. Eyles. The motion carried 5 to I, (Mr. Roper abstained). CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA ~~ i' 042 The Code and Ordinance Committee met on Monday, August 1, 1994, 4:00 P.M. in the Personnel Office Conference Room. Present were chairman of the committee Jimmie K. Ellington; committee members Robert M. Sager, Patricia F. Scheder, Stephen G. Butler and Susan L. French. Also present were Commonwealth's Attorney Lawrence R. Ambrogi; Commissioner of the Revenue Natalie Cather Miller; Treasurer C. william Orndoff, Jr.; Executive Secretary Carol T. Bayliss and Thelma Ratliff, resi- dent of Shawneeland. County Administrator John R. Riley, Jr. was absent as he was out of town. Sheriff Robert T. Williamson was not in attendance as it was not necessary that he be at this meeting. The committee submits the following: Discussion of Binqo Ordinance Following discussion by the committee members it was unanimously recommended that the state code would prevail with regard to all bingo and raffle permits and that the annual permit fee should be waived. It was also recommended that the Commissioner of the Revenue be charged with administering the applications, etc. Discussion of Sale of Shawnee-Land Lots Following discussion the committee unanimously recommended this matter be referred to the Finance Committee for further study and recommendation back to the Board of Supervisors. CITIZEN COMMENTS Mr. Donald W. Luttrell, Gainesboro District, appeared before the board and asked what the board plans to do when the new county complex exceeds $6.5 million. He further noted that he felt it was a mistake to move the school administration offices from their present location on Amherst Street to the new proposed county offices downtown. BOARD OF SUPERVISORS COMMENTS Mr. Orndoff asked why he was left out and not included in the recent press conference that was held recently to announce that the county offices would remain downtown. He further stated that even though the board members were not in attendance at the news conference he would have appreciated being made aware of the announcement before hearing about it on the radio. Mr. Dick explained how and why he and Jim Longerbeam had chosen to handle the press conference the way they did. Mr. Orndoff stated that he felt he should be included in all decisions made by the board of supervisors. Mr. Dick told Mr. Orndoff that he had called press confer- ences for 11:00 P.M. and he hadn't been made aware of it. 043 Mr. Longerbeam stated he would accept some of-the respon- sibility for Mr. Orndoff not knowing of the press conference. That once the decision had been reached concerning the city and the press conference called he never thought about being sure all the board members knew about the press conference. Mr. Dick stated that he would at this time like to thank board member Bob Sager and also previous board member Beverly Sherwood for all their efforts on behalf of this project, as they served on the original committee that was charged with working out the original agreements. He further stated that he is happy that an agreement has finally been reached between the city and the county and he felt a cap on this entire project is very important. UPON MOTION HADE BY W. HARRINGTON SKITH, JR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FDRTIIER BUSINESS TO COKE BEFORE THIS BOARD, THIS KEETING IS HEREBY ADJOURNED. ,~~-- .. -~,,,,,'-'<'~ ~--~ . ~* Cle, d of Su isors