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HomeMy WebLinkAboutNovember 9, 1994 Regular Meeting 115 A Regular Meeting of the Frederick County Board of Supervi- 1'l!1 9,~at 7:15 P.M., in the Board of sors was held on November 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 Reverend Michael RObbins, of the Braddock Street united Methodist Church. ADOPTION OF AGENDA Mr. Riley requested the following items be added to the agenda: 1. Emergency Ban on Open Air Burning. 2. Request for approval of Easement of Property located in Shawnee land to George M. and Thelma J. Ratliff. Mr. Longerbeam stated that an executive session was not necessary at this time. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the agenda was approved as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs be approved under consent agenda: 1. Schedule Public Hearing for Planning Commission Items - Tab B; 2. Subdivision Application - #010-94 - Negley - Tab J; 3. Road Resolutions: (a) Baker Lane Industrial Park, (b) Third Battle Subdivision - Tab K. 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: 116 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 Mr. Toni Koogan appeared before the board to bring them up to date on the Corridor H Alternatives, and asked the board to pa~ticipate in Corridor H. DEBORAH OVERSTREET APPOINTED TO CHAPTER 10 BOARD Upon motion made by Charles W. Orndoff, Sr., seconded by J~mes L. Longerbeam, Deborah Overstreet was appointed to the Chapter 10 Board as a representative from Frederick county for a three year term, said term to commence on January 1, 1995, and terminated on December 3l, 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 JAMES L. LONGERBEAM REAPPOINTED TO THE FREDERICK-WINCHESTER SERVICE AUTHORITY Upon motion made by W. Harrington Smith, Jr., seconded by jimmie K. Ellington, James L. Longerbeam was reappointed to the Frederick-winchester Service Authority for a three year term. His new term will expire on January 7, 1998. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Abstained Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING DATE OF DECEMBER 14. 1994 SCHEDULED FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA REQUEST FROM THE COUNTY CLERK TO CLOSE HIS OFFICE ON NOVEMBER 23RD AT NOON IN OBSERVANCE OF THANKSGIVING - AND DECEMBER 23RD AND DECEMBER 26. 1994 FOR THE CHRISTMAS HOLIDAYS - THESE ARE THE DATES BEING OBSERVED BY ALL STATE OFFICES - APPROVED 11 7 Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the County Clerk's Office will be closed for the Thanksgiving and Christmas Holidays as noted above. 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 GYPSY MOTH COORDINATOR BRENDA S. DIEHL ADDRESSED THE BOARD RE: PROPOSAL FOR GYPSY MOTH INTERVENTION IN THE SPRING OF 1995 Mrs. Diehl appeared before the Board and explained what had transpired during the past year with reference to the gypsy moth program and what her plans were for the coming year based on the egg masses that had been located throughout the county. BID FOR FORMER PENNY'S BUILDING DEMOLITION - REJECTED - TO BE REBID Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the consensus of the Board was that the bids received for the demolition of the J.C. Penney's Building, low bid of $148,985 from Valley Construction, Inc., were too high and this project needed to be rebid. 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 EMERGENCY BAN ON OPEN AIR BURNING - APPROVED Mr. Tom Owens, director of county fire and rescue, appeared before the board, and explained that as of this date the State Forester has said, no outdoor burning, thus his reason for requesting the approval of the emergency ban on open air burning due to extreme dry conditions. Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff, Sr., the emergency ban on open air burning in Frederick County is hereby approved by the following recorded vote: 118 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 Planninq commission Business: PUblic Hearinq: 1995-1996 SECONDARY ROAD IMPROVEMENT PLAN - APPROVED The Frederick County Transportation Committee and the Frederick County Planning Commission held public hearings in September and October, 1994 to consider the above referenced rOdd plan. During these meetings, the committee and commission considered citizen requests for new hardsurfacing additions, as weLl as petitions to request that higher priorities be given to road segments that are currently on the plan. The Transportation Committee and Planning Commission recommended that the 1995-1996 Secondary Road Improvement Plan be amended to place the requested hardsurface improvements at the end of the priority list, and that the existing priorities re.nain in their current order. Since the public meetings staff has received a request from Mr. Eddie Rush, a resident of Woodside Road, regarding the io~lusion of this road segment as a new hardsurface addition. 'lh is particular segment of road meets the minimum traffic reIuirementsj therefore, staff recommends that it be included during the update of this year's plan. Mr. Kris Tierney, assistant planning director, appeared before the board and explained the letter received from Bill Bushman, resident engineer with VDOT, wherein he explains that the Route 642 project is $1,091,475.00 short of what is required to fund the construction, and, more importantly, get the project advertised. A 70% funded balance in the project account is reluired before a project can be placed in line for advertise- rrent. The current estimate for construction of the project is $2.,769,216.00. Mr. Bushman further noted in his correspondence that in o~der to use other Secondary Construction funds) as stipulated in the Board's original resolution setting up this project, it is necessary for the project to be placed in the Secondary I/IIprovement Program (the six Year Plan). It currently is not Snown in the six Year Plan's financial schedule, due to the Re~enue Sharing funding aspect. For these reasons, Mr. Bushman recommended that the Board of supervisors place this project in the plan which they are to consider at this meeting as priority number one (#1) of the 119 Major Project category. Once this is done VDOT can administra- tively transfer sufficient funds ($1,000,000.00) from other projects, e.g., Route 656, Greenwood Road, to ensure the Route 642 project is advertised for construction in the 1995 construc- tion season (probably January 1995). It is imperative that the Board of Supervisors do this at this time or the Route 642 project cannot be advertised this winter. Mr. Longerbeam asked why the county was short of funds. Mr. Bushman stated that as he understood it these funds were reserved for highway projects such as Route 66 and 15. Mr. Smith stated that it was his understanding that this would delay the Greenwood project about six months. Mr. Bushman replied that including design, etc., he would estimate anywhere from 15 to 24 months. Mr. Sager stated that the citizens in the area of Route 647 have waited for years for their project to be number one as they remained in the number 4 slot for years, and now he noticed that this project had been moved to the number 6 slot and he did not understand this. Mr. Bushman stated that he understood where Mr. Sager is coming from, however he did feel that when Route 642 is improved this will also serve to help out with Route 647. Mr. Sager replied that he did not agree with that, and did not agree with this being moved down the ranks. Mr. smith stated that the Route 642 project has been going on for so long, and the time has more than passed for this project to be getting off dead center. Mr. Longerbeam asked if the county was not due some design money from this project. Mr. Riley explained about revenue plans and how they work as far as VDOT is concerned. Mr. Dick was concerned as to why the county was being asked to front this money. Mr. Bushman explained that VDOT thought they were grand- fathered, but found out they were not. 120 Mr. Sager stated that he was totally against Route 647 tatng moved down the ranks. Roberta Kiczales resident of Route 692, 3/4 of a mile, explained that this route has been pushed around for twenty years as far as any repairs are concerned and she felt this is unrair. Aaron Knightman, resident of Route 692, cannot understand wny the work on this road cannot be done. He is tired of being b~~ped around on the waiting list. Mr. Watkins stated that he was not aware of the list being changed, felt it had been that way since he had been working for t"", county. Mr. Knightman stated that was not true. Mr. Bushman explained that the county is dealing with two separate funds with this road. $450,000 is given each year for new hard surface projects, which doesn't go far, as this only takes care of about one mile of road. Hauns Knightman, resident of this area for thirty years disagreed with how the funds are being administered for road projects. Eddy Rush, resident of Route 671, felt that he will be dead and gone before anything is done to this road, he has waited for a tong time and nothing ever gets done. Upon motion made by W. Harrington Smith, Jr., seconded by ;:Tames L. Longerbeam, the Secondary Road Improvement Plan was approved as presented. (A copy of this entire plan is on file in the office of the county administrator as well as the plan- n.ng 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 - Nay Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye $208.000 MATCHING FUNDS APPROfRIATED FOR ROUTE 642 PROJECT 121 Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington, to appropriate $208,000 in matching funds for the Route 642 project. 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 REZONING APPLICATION 1003-94 OF C. L. ROBINSON. CORP.. 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 TRANSPORTATION - APPROVED Mr. Orndoff stated that he would be abstaining from any and all discussion with regard to this rezoning application due to possible property conflict. Mr. Kris Tierney, assistant planning director, brought the board up to date on this application as it has been pending for quite some time. He explained what the environmental impact study revealed and what studies would be needed in the future before this could be signed off on. Mr. Butch RObinson, one of the owners of the property appeared before the board stating that Mr. Tierney had basically presented the same information that he would have conveyed to the Board. John Stevens, area resident, appeared before the board stating that he had areas of concern with this request and referred to the petition that had been signed by 75 area citi- zens that were opposed to this project. He further stated that VDOT has made some changes to the original plans, and he still has concerns about the septic field and the amount of employees that would actually be working at this location. He further stated that he feels $400,000 for just the purchase of this land is too high, and the neighbors are concerned about the winter months and the noise that will be created by VDOT vehicles going in and out all hours of the night. He asked that the Board deny this rezoning request. 122 Mr. Bill Berghaus, resident of Stonebrook, stated to the board that this land was too expensive. Mr. Hamilton, resident of Senseny Road, has been employed by C. L. Robinson for thirty-two years, stated that the Robinson are very good people to work for and feels this would be a good location for the Transportation Department. Denny Perry of Perry Engineering, endorses VDOT moving their operation to this location. Mr. William Bushman, resident engineer with the Department of Transportation explained that thirty people are currently assigned to this barracks and will probably increase to forty in the future. Mr. Dick asked what was planned for the screening of the property. Mr. Sager asked what recourse would residents in the area nave if they are not happy with the screening. Mr. Bushman explained that they would work with them on tl-\ts. Mr. Longerbeam moved for approval of this rezoning request. He stated that he has visited the site and agonized over this decision for some time. He further stated that the Planning Commission has approved the request, a favorable Environmental I~pact Report has been received, and he did not feel a person should be denied the use of their land, therefore he was recom- mending approval. Mr. Smith seconded the motion stating that he agreed with everything Mr. Longerbeam said, and he felt there are a lot worse neighbors than VDOT. Mr. Dick stated that he wanted something finalized on the screening. Mr. Watkins explained that the planning department would aSk VDOT for specific plans on exactly what they plan to do in the area of screening. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye 123 James L. Longerbeam - Aye Robert M. Sager - Nay Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Abstained REZONING APPLICATION 1004-94 OF BROWN LOVETT. JR.. TO REZONE 59.71 ACRES FROM RA (RURAL AREAS) TO M1 (LIGHT 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. - DENIED Mr. Orndoff explained that due to the fact his property adjoins this property he would be abstaining from any and all discussion and vote on this rezoning application. Mr. Kris Tierney, assistant planning director, presented this request to the board. Mr. Chuck Maddox, of G.W. Clifford Associates, appeared before the board on behalf of the petitioner. Dick Demorest, representing Emmanuel Church located in this area, appeared before the board to oppose this request. Joline Orndoff, area resident, asked the board to deny this request. Loretta Shuster, area resident, is opposed to this rezoning and as noted at an earlier meeting felt this would be to close to Stonewall school as well as the Clearbrook Parks and Recrea- tion. Mr. Sager moved for denial as recommended by the Planning commission. Mr. Smith seconded the motion. Mr. Longerbeam explained that he would vote to deny as there was not a specific use that has been spelled out, and when and if this changes, then he felt the Board could look at this application at that time. 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. - Abstained REQUEST FROM GEORGE AND THELMA RATLIFF FOR A RIGHT-OF-WAY AGREEMENT - APPROVED George and Thelma Ratliff have requested the approval of a right-of-way agreement to install a septic system for a dual 24 family residence. The health department will not approve any co~struction permits for this septic system until the county approves the right-of-way agreement for the portion of property belonging to the Sanitary District. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the right-of-way agreement 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 -(was not in the room when vote was taken) Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye ARTHUR H. FULTON REOUEST FOR PERMISSION TO EXTEND SEWER - APPROVED Mr. Kris Tierney presented this request to the board noting that Mr. Fulton is asking permission to extend sewer to his property at the southeast corner of the intersection of Ro~te 636 and 277. The board discussed with Mr. Tierney and Mr. Maddox of G. W. Clifford Associates, exactly where this line would be loCated and who would be bearing these expenses. Following board discussion it was the general consensus that the request be granted to extend a four-inch sewer line to M~. Fulton's 14 acre parcel located at the southeast corner of th~ intersection of Routes 277 and 636. The request was approved with the stipulation that the extension parallel along the south side of Route 277 rather than run directly across the park property as originally requested, and that Mr. Fulton bear the cost of the extension, and that the homeowners along Route 636, in the immediate vicinity be allowed to tie into this line at their expense. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request of Arthur H. Fulton for permission to extend sewer was approved with certain conditions as spelled out, 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 '. 125 SUBDIVISION APPLICATION 1010-94 NEGLEY - APPROVED UNDER CONSENT AGENDA ROAD RESOLUTIONS FOR BAKER LANE INDUSTRIAL PARK AND THIRD BATTLE SUBDIVISION - APPROVED UNDER CONSENT AGENDA BOARD OF SUPERVISORS COMMENTS There were no comments by the Board. UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY ROBERT K. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. C1e