Loading...
HomeMy WebLinkAboutOctober 26, 1994 Regular Meeting 108 A Regular Meeting of the Frederick County Board of s ,pervisors was held on October 26, 1994, at 7:15 P.M., in the B.ard of Supervisor's Meeting Room, Frederick County C 'urthouse, Loudoun Street Mall, winchester, Virginia. PRESENT: Richard G. Dick, Chairman; W. Harrington Smith, J:'., Vice-Chairman; James L. Longerbeam; Robert M. Sager; B"verly J. Sherwood and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend John A. RObinson, J 0, of Highland Memorial Presbyterian Church. ADOPTION OF AGENDA Mr. Riley requested the addition of a resolution setting a p!blic hearing date to sell property. Upon motion made by Robert M. Sager, seconded by W. H rrington smith, Jr., the agenda was adopted as amended by the f llowing 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 t'le consent agenda: 1. Subdivision Application #007-94 of Harry Stimpson Tab G. Upon motion made by W. Harrington smith, Jr., seconded by Jimmie K. Ellington the consent agenda was approved by the fallowing 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 AWARD FOR MONTH OF OCTOBER. 1994 IS AWARDED TO STEVE GARDINER AND BARRY LEE 109 Mr. Sager presented the board award for the month of October, 1994, to Steve Gardiner and Barry Lee. Both gentlemen were present to accept their award. CITIZEN COMMENTS No one spoke under citizen comments. FRED L. GLAIZE. III REAPPOINTED TO THE INDUSTRIAL DEVELOP- MENT AUTHORITY Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, Fred L. Glaize, III, was reappointed to the county Industrial Development Authority. This term will commence on November 10, 1994, and terminate on November 10, 1998. 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 RICHARD E. WILLIAMS REAPPOINTED TO THE INDUSTRIAL DEVELOP- MENT AUTHORITY Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., Richard E. williams was reappointed to the Industrial Development Authority. This term will commence on November 10, 1994, and terminate on November 10, 1998. 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 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF FREDERICK AND THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED This Memorandum of Understanding is between Frederick County, Virginia (the "county") and the Industrial Development Authority of the county of Frederick, Virginia (the "Authority") and is dated this day of October, 1994. RECITALS A. On September 30, 1994, the Authority acquired certain property from Courthouse Associates limited partnership in anticipation of a subsequent lease of that property to the county. The purchase price for that property was provided by the county. 110 B. The County has requested the Authority to acquire ("" ,.-tain other property, currently owned by F&M Bank - ~ nchester, which is also expected to be leased to the county. C. The County has also requested that the Authority issue i s lease revenue bonds to finance the acquisition of the r operty described above, and the construction, renovation and € uipping of that property for use of an office complex by the c mty. D. The County and the Authority desire to set forth their rl cual understandings regarding the property described above and i~ bond financing related thereto, as follows: UNDERSTANDINGS 1. The Authority agrees to accept title to the F&M Bank - W nchester property described above as and when requested by the C ,mty. 2. The purchase price and all expenses relating to the a1uisition of such property are to be provided by the County at n expense to the Authority. 3. The Authority will have no responsibility or liability f r any matter related to the ownership or operation of any of t e property described above, including without limitation any .,ponsibility for maintenance or repair of such property or u der any lease now or hereafter in effect with respect to any f rtion of such property; it being understood that the county s ~ll be responsible for all such matters. 4. The County agrees to provide all insurance, including lbility insurance and property insurance, for the property o scribed above, and further agrees to cause the Authority to be n med as an additional insured with respect to all such policies o insurance. 5. All rent or other payments received by the Authority ~h respect to the property described above shall be remitted t the county as and when received, except for rent received by t ',0 Authority from the County itself under the lease or leases t be entered into in connection with the bond financing, which r nt shall be applied as described in the bond documentation. 6. In order to provide funds to reimburse the County for t e purchase price of the property described above and to p ovide other funds for the construction, renovation and equip- p ng of the County office complex, the Authority agrees to issue t. e bonds described above in such amounts and pursuant to such t, rms and documentation as may be agreed upon by the County and j-, Authority, as a llowed by law. 7. The Authority hereby approves the engagement of Wheat F cst Butcher Singer as the underwriter for the bond issue in a cordance with the terms described in the engagement letter f i)m Wheat First Butcher Singer to the Authority dated October 1994, and authorizes any officer of the Authority to execute 3 ch letter. 8. In the event the bond financing is abandoned by the C lnty, the Authority agrees to convey the property described a ove to the County or its designee, provided that all costs and e', penses in connection with such conveyances are paid by the C unty. The forgoing Memorandum of Understanding is hereby executed Pl the County Administrator of the County and the Chairman of t' 2 Authority as of the date first above written. FREDERICK COUNTY, VIRGINIA \ ,. 111 County Administrator INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA Chairman Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff, Sr., the above Memorandum of Understanding 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 JUNE WILMOT. ECONOMIC DEVELOPMENT DIRECTOR. ADDRESSED THE BOARD RE: PRESENTATION ON COMPUTER INFORMATION LINK June Wilmot appeared before the board at which time she presented a video on computer information links and explained how her office had been involved with this over the last two years. She noted to the board members that EDC was inviting the board to do as much as they liked with this project and at this time handed out a brochure and asked the board to review it, and if they had any questions to please give her a call. RESOLUTION APPROVING PUBLIC HEARING ON THE PROPOSAL THAT THE COUNTY CONVEY CERTAIN PROPERTY TO FARMERS AND MERCHANTS NATIONAL BANK - APPROVED On motion of W. Harrington Smith, Jr., duly seconded by Robert M. Sager, and on the votes hereafter recorded, it is hereby RESOLVED that a public hearing shall be duly advertised and held before this Board on the proposal that the County sell and convey its real property commonly known as the Penney's lot and 9 Court Square property, including the parking lot to the west of City Hall and Rouss Avenue, excepting therefrom the old Frederick County Courthouse, to the F&M Bank - Winchester. 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 112 Charles W. Orndoff, Sr. - Aye Public Hearinq: REQUEST THAT THE SHAWNEE-LAND SANITARY DISTRICT. VIRGINIA. GRANT OF RIGHT-oF WAY TO GEORGE M. AND THELMA J. RATLIFF. FOR A PERPETUAL 20' TREATED SEPTIC EFFLUENT EASEMENT ACROSS PROPERTY KNOWN AND OWNED BY THE SHAWNEE-LAND SANITARY DISTRICT - REFERRED TO COMMITTEE Mr. Riley presented this request to the Board. There was no public input. Mr. Longerbeam stated that he felt the Shawnee land Sanitary D ;trict should review and vote on this before the Board takes il ',' further action. Mr. Smith concurred with this recommendation. Mr. Riley explained that it was an oversight that this had n been forwarded to them in the beginning. The above request was forwarded to committee for their rriew and recommendation back to the Board. Planninq Commission Business: Public Hearinq: CONDITIONAL USE PERMIT #006-94 OF C.J. FUNK FOR A COTTAGE OCCUPATION FOR A FABRICATION SHOP. LOCATED IN THE GAINESBORO DISTRICT AND IS IDENTIFIED AS PIN #22-A-50B. THE DIRECTIONS TO THIS PROPERTY ARE AS FOLLOWS: ROUTE 522 NORTH TO APPLE PIE RIDGE ROAD (ROUTE 739). TURN RIGHT AT GREEN SPRING ROAD (ROUTE 671). TO SECOND ENTRANCE ON RIGHT - APPROVED Mr. Robert Watkins, planning director, presented this 1 juest to the board noting that staff and Planning Commission h d recommended approval with conditions. There was no public input. Upon motion made by Jimmie K. Ellington, seconded by C' arles W. Orndoff, Sr., conditional use permit #006-94 was c oroved 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 #007-94 OF ANITA P. FARMER FOR A GOLF COURSE. LOCATED IN THE SHAWNEE DISTRICT AND IS IDENTI- FIED AS PIN #76-A-138. THE DIRECTIONS TO THIS PROPERTY ARE AS FOLLOWS: MILLWOOD PIKE (ROUTE 50 EAST). TURN RIGHT ON P~IN:S MlLL,RO~,IROY1~ 611.l"",PROCEED 1.0 MILES. PROP~TY IS ON ~E RIGHT - APPROVED 113 Mr. watkins, planning director, presented this request to the board noting that staff recommended approval with condi- tions. Mr. Chuck Maddox, of G.W. Clifford Associates, appeared before the board on behalf of the petitioner and explained what the petitioner planned to do. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington, conditional use permit #007-94 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 #008-93 OF DONALD E. COOK FOR A GARAGE FOR AUTOMOBILE REPAIR WITHOUT BODY REPAIR. LOCATED IN THE STONEWALL DISTRICT AND IS IDENTIFIED AS PIN #44 -A-62. THIS PROPERTY IS LOCATED AT 2712 MARTINSBURG PIKE - APPROVED Mr. Robert Watkins, planning director, presented this information to the Board noting that the staff recommended approval with conditions. There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, conditional use permit #008-93 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 SUBDIVISION APPLICATION #007-94 OF HARRY STIMPSON - AP- PROVED UNDER CONSENT AGENDA MASTER DEVELOPMENT PLAN #006-94 OF SILVER DEVELOPMENT COMPANIES - PRESTON PLACE - DENIED AS PRESENTED - APPROVED AS AMENDED Mr. Kris Tierney, assistant planning director, presented this information to the board noting that the request was for 156 units and the present county ordinance does not allow this. Mr. Bob Mitchell, local attorney, appeared before the board on behalf of Silver Development Companies and outlined what had transpired with this development since the beginning. 114 The board members discussed with Mr. Mitchell the previous o :J.inance amendments and how Silver Development was affected by t :s and basically felt that they would be setting a precedent i they approved this request. Upon motion made by W. Harrington smith, Jr., seconded by R bert M. Sager, to deny Master Development Plan #006-94 of SIver Development Companies - Preston Place as presented. !! 4ever they did approve 117 units on 22 acres with the under- S lnding that this cannot be exceeded. The above motion was approved by the following recorded v "e: 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 OF SUPERVISORS COMMENTS Mr. Dick stated that yesterday the staff made an announce- IT ~t that the Price Club would be locating in Frederick county the near future, and he felt this was very good news and w' uld be a big boost to the local economy. UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY ill HARRINGTON SMITH, JR., THERE BEING NO FURTHER BUSINESS TO C.lME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. ":.~