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HomeMy WebLinkAboutJanuary 12, 1994 Regular Meeting 527 A Regular Meeting of the Frederick county Board of Supervi- sors was held on January 12, 1994, 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick county Courthouse, Loudoun street Mall, Winchester, Virginia. PRESENT: RiChard G. Dick, Chairmanj 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, and welcomed Mr. Jimmie Ellington as the new board member, representing Gainesboro District. INVOCATION The invocation was delivered by Reverend Ewart Wyle, of the First Christian Church. ADOPTION OF AGENDA Mr. Riley requested the following amendments to the agenda: 1. Legislative request under county officials. 2. Resolution re: - Disney America Proposal. 3. Request to Amend the Virginia Association of Counties By-Laws. 4. Resolution to Allow Disposal of Sludge From Parkins Mill Wastewater Treatment Plant at the Frederick County Landfill. Upon motion made by Robert M. Sager, 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 CONSENT AGENDA Mr. Riley suggested the following tabs be approved under the consent agenda: 1. Memorandum - Schedule Public Hearing for Planning commission Items - Tab Dj 2. Resolution Re: Local Alcohol Safety Action Program - Tab F; 3. Memorandum Re: Waiver for Shared Private Driveway width - Tab Nj 528 4. Memorandum Re: virginia Growth strategies Act - Tab 0; 5. Alternate Wastewater Treatment study Final Report and Recommendations of the Technical Advisory Committee - Tab Pi 6. Memorandum Re: Interim Battlefield Action Plan - Tab Qi 7. Memorandum Re: Highway Funding Legislation - Tab Ri 8. Activity Report - December 1-31, 1993 - Tab Ti 9. Code and Ordinance Committee Report - Tab U. 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 COMMENT Mr. Donnie Gladden, resident of Gainesboro District, appeared before the board to express his displeasure with the po~icies of the County Parks and Recreation and their handling of Little League. Mr. Gladden explained in detail as to why he wa~ asking the board to look into his allegations. APPROVAL OF MINUTES Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the regular meeting of November 10, 1993, 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 DECEMBER 8. 1993 Mr. Dick asked that on page 20 of the December 8, 1993, minutes it be spelled out in Mrs. Sherwood's motion that the -- taxes owed by Mr. Bayliss would be paid in full in conjunction with having this matter finalized. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the regular meeting of December 529 8, 1993, were 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 ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 1994 Election of Vice-Chairman Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, W. Harrington Smith, Jr., was appointed to serve as Vice Chairman of the Board of Supervisors for 1994 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 Selection of Time and Place of Meeting Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the second and fourth Wednesdays of each month, 7:15 P.M. in the Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia as the time and meeting place for the Frederick County Board of Supervisors for 1994. The above motion was passed 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 Adoption of Rules of Order Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., Robert's Rules of Order was adopted as the Rules of Order for the Board of Supervisors for 1994. 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 53Q Al:lpointment of Parliamentarian Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, John R. Riley, Jr., was appointed as the Parliamentarian for the Board of Supervisors for 1994. The above motion was passed 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 Aopointments to Various Boards. Commissions and Committees Chairman of the Board of Supervisors, Richard Dick, pre- sented these following appointments: Each board member will alternate serving as the board liaison on the school board meetings (each board member will be selving at four (4) meetings). Richard G. Dick: Board of Education. W. HarrinQton Smith. Jr.: Chairman of the Finance Commit- tefj Public Works Committeej Sanitation AuthoritYj Community Corrections Resources Boardj and Board of Education. Robert M. Saqer: Chairman of the Law Enforcement and Courts COfimitteej Social Services Boardj Transportation Safety commit- te.; Planning commission; Handley Library; Code & Ordinance Conmittee and Board of Education. James L. Lonqerbeam: Chairman of Personnel Committee; Finance Committee; Law Enforcement and courts committee; Fred- wine. Service Authority; Airport Commission (Authority) Indus- trJal Development Authority; Fire and Rescue Association; and Board of Education. Jimmie K. EllinQton: Personnel Committee; Chairman, Code ano Ordinance committee; Gypsy Moth Committee; Information services committee; Parks and Recreation commission; Fire & Rescue Association; and Board of Education. Charles W. Orndoff. Sr.: Chairman of the Public Works committee; A.S.C.; Agricultural District Advisory; Extension Advisory Board; and Board of Education. Reaooointment/Aooointment of Citizens to various County Boards. commissions and committees: The following committee appointments were made: Code and Ordinance Stephen G. Butler Patricia F. Scheder Susan French Finance Committee John P. Good, Jr. Kitty H.Nichols Henry Beuttner Law Enforcement and Courts Committee Larry P. Coverstone Donald Ratcliff James L. Hockman l 531 Personnel Committee Tonie Wallace Lt. Col. Robert S. Gordanier Leonard D. Newcome Public Works committee Dudley H. Rinker James T. Wilson Karen Kober Extension Advisory Committee Carolyn L. Marker - Back Creek District Diana Heishman - Shawnee District Janet Stiles - Stonewall District Harold G. Nichols - Opequon District TransDortation Committee James M. Racey, II - Shawnee District Franklin D. Taylor - Stonewall District Robert P. Mowery - Opequon District GVDsv Moth Committee Gary Oates - Stonewall District Dr. Robert Horsburgh - Shawnee District W. HARRINGTON SMITH. JR.. REAPPOINTED TO WINCHESTER- FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., W. Harrington smith, Jr., was reappointed to the Winchester-Frederick County Economic Development Commission for a three year term, said term to expire on January 3l, 1997. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Abstained James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BILLY EYLES APPOINTED TO PARKS AND RECREATION COMMISSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Billy Eyles was appointed as member-at-large to the Parks and Recreation Commission to fill the unexpired term of Jimmie Ellington. This term will expire on January 13, 1996. 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 JIMMIE K. ELLINGTON APPOINTED TO LORD FAIRFAX PLANNING DISTRICT COMMISSION TO FILL UNEXPIFF.n TERM OF BEVERLY J. SHERWOOD W. HARRINGTON SMITH. JR.. REAPPOINTED TO THE LORD FAIRFAX PLANNING DISTRICT COMMISSION 532 Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., W. Harrington Smith, Jr., was reappointed to the LOld Fairfax Planning District Commission, said term to expire on December 31, 1997. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Abstained James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye SCHEDULE PUBLIC HEARING FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA February 9, 1994 is the date scheduled for the 1994-95 CaI,ital Improvement Plan to be heard by the board. DAVID ZIEGLER. EXECUTIVE DIRECTOR. NORTHWESTERN COMMUNITY SERVICES. ADDRESSED THE BOARD Mr. David Ziegler appeared before the board and outlined thE" budget for Northwestern Services for the next year. He further explained the cuts that were being proposed by the state ano how their local budget would be affected by these cuts. Mr. Smith asked how this would affect the local agency. Mr. Ziegler replied approximately $40,000. RESOLUTION - RE LOCAL ALCOHOL SAFETY ACTION PROGRAM - APPROVED UNDER CONSENT AGENDA WHEREAS, the Commonwealth of Virginia in the interest of hiClhway safety has provided for probation, education, and reha- bijitation of persons charged with a violation of Section 18.2-266 of the Code of Virginia, and, WHEREAS, Section 18.2-271.1 of the code of Virginia author- iZ8s any county, city, town or cities or any combination thereof to establish and if established, to operate alcohol safety action programs, or driver alcohol treatment and rehabilitation prpgrams or driver alcohol education programs in connection with hiqhway safety, and, WHEREAS, a Policy Board having been duly established consisting of a representative appointed by each participating jurisdictions and other members selected by the Policy Board representing law enforcement, bar, and private citizens: THEREFORE, BE IT RESOLVED BY THE FREDERICK COUNTY BOARD OF SUPERVISORS, this l2th day of January, 1994, that it reaffirms th8 establishment of the Old Dominion Alcohol safety Action Program to provide probation, education, and rehabilitation of those persons charged with violation of Section 18.2-266 of the Code of Virginia and referred from the Courts of this jurisdic- tion and other jurisdictions. RESOLUTION REOUESTING TO AMEND THE VIRGINIA ASSOCIATION OF COUNTIES BY-LAWS - APPROVED 1_ 533 WHEREAS, most Virginia political subdivisions have long since adopted elections laws which elect office holders by specific districts in lieu of being "at-large" representatives; and WHEREAS, the Virginia Association of Counties elects its regional representatives by votes cast by all member counties regardless of the region in which they are located; and WHEREAS, there are large urban counties which have more votes than entire regions in other parts of the Commonwealth; and WHEREAS, this procedure has the potential to enable a single county to cancel the unanimous decision of a particular region to be represented by its own choice; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors offers an amendment, in accordance with Article XVII, to the By-laws of the Virginia Association of Counties to rectify this inequity; BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors offers the following language to replace Article IX, Section 2, of the By-laws of the Virginia Association of Coun- ties to read: Section 2. Composition and Election. The Board of Directors shall consist of the president, The President-Elect, the First Vice-President, the Second Vice-president, the Secretary-Treasurer, the Immediate Past President, the three next most recent Virginia Association of Counties past- presidents who currently hold office as elected Virginia county supervisors, and twenty-two members elected on a "one person - one vote" basis from the member counties located within the reqion that Board of Directors member will represent. The Board of Directors shall desig- nate one member of the board who is not an officer to represent the Association on the Board of Directors of the National Association of Counties. (The suggested change has been under- lined) BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors urges other member counties of the Virginia Associa- tion of Counties to pass a similar resolution to ensure that local regions are represented by their preferred candidate as opposed to an individual elected by the membership at large. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., 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 RESOLUTION - DISNEY AMERICA PROPOSAL APPROVED WHEREAS, at the regular meeting of the Board of supervisors for the County of Frederick, Virginia, held on the 12th day of January, 1994, it was duly moved and seconded that the following resolution be adopted: 534 WHEREAS, the Disney America proposal appears to underscore the importance of our historical resources from the pre-Colonial era, through George Washington, through the civil War, to the present; WHEREAS, the proposal could serve the role of bringing visitors to see "the real thing," particularly relating to the civil War Battlefields of the Valley, hence, increase our tourism activity; WHEREAS, Winchester-Frederick County is a logical location for support services for the proposed project; WHEREAS, the project will likely provide employment oppor- tUllities for Winchester-Frederick county residents; WHEREAS, the state of Virginia should link its commitment to support the project based on return of investment; THEREFORE, BE IT RESOLVED, that the Board of Supervisors supports the development of Disney America and urges the coun- ty's state representatives to positively consider approval of thE' project based on the return of investment to the state and itF; localities. Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., the Disney America Resolution was ap- proved 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 REOUESTS SENT TO STATE LEGISIATORS TO ASK THEIR ASSISTANCE IN DEFEATING PROPOSALS THAT WILL COME BEFORE THEM DURING THE 1994 SESSION RE: ELIMINATION OF STATE FUNDING FOR CONSTITUTIONAL OFFICERS AND THEIR EMPLOYEES' FRINGE BENE- FITS AND THE REOUIREMENT BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO IMPOSE A TEN DOLLAR ($10) TIPPING FEE AT ALL IANDFILLS FOR USE BY DEQ AND THE SHIFTING OF STATE HIGHWAY FUNDS AWAY FROM RURAL LOCALITIES TO URBAN COMMUNITIES - APPROVED Upon motion made by Robert M. Sager, seconded by W. HaJrington Smith, Jr., the above requests were approved as presented by Mr. Riley 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 RESOLUTION TO ALLOW DISPOSAL OF SLUDGE FROM THE PARKINS MILL WASTEWATER TREATMENT PlANT AT THE FREDERICK COUNTY IANDFILL - APPROVED UNDER CONSENT AGENDA WHEREAS, the FrederiCk County Sanitation Authority has a need to dispose of sludge from the Parkins Mill Wastewater Treatment Plant in a permitted landfill; and, WHEREAS, Frederick County operates a sanitary landfill under Permit Number 529 that is permitted to accept non-hazard- ous sludge. 535 NOW, THEREFORE, BE IT RESOLVED, Upon motion duly made by W. Harrington Smith, Jr., seconded by Robert M. Sager, and passed by the following recorded votes permission is hereby granted to the Frederick County Sanitation Authority to dispose of sludge originating from the Parkins Mill Wastewater Treatment Plant in or on the Frederick County Landfill: 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 Pub1ic Hearina: SANITATION AUTHORITY EASEMENT REQUEST - WRIGHT'S RUN PUMP STATION - APPROVED WHEREAS, the Frederick County Sanitation Authority has requested that the County of Frederick, Virginia grant and convey to it a perpetual easement, ten (10) feet in width, upon the land of the County, commonly known as Sherando Park, adja- cent to the existing twenty (20) foot easement of the Frederick County Sanitation Authority to Wright's Run Pump Station, for the public purpose of installing, laying, and maintaining a sewer line to meet the public need; and, WHEREAS, a public hearing was duly advertised and held before the Board of Supervisors on January 12, 1994, at its regularly scheduled meeting; and, Upon motion duly made by , seconded by , and on the votes as hereafter recorded, IT IS HEREBY RESOLVED, that the County of Frederick, Virginia, shall, and hereby does, grant and convey unto the Frederick County Sanitation Authority a perpetual easement for a sewer line, as aforesaid, and does hereby authorize to execute a deed of easement therefore, reserving to the County the use of such property, otherwise and requiring that the Sanitation Authority restore the surface of the land whenever disturbed. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the above resolution as requested by the Sanitation Authority is 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 AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 7. ELECTIONS: ARTICLE II. ELECTION PRECINCTS: TO AMEND SECTION 7-7. PRECINCTS AND RESPECTIVE POLLING PLACES ENUMERATED: PARAGRAPH E. STONEWALL MAGISTERIAL DISTRICT: TO CHANGE THE POLLING PLACE OF THE NEFFSTOWN PRECINCT. - APPROVED BE IT ORDAINED, that Chapter 7, Article II, Section 7-7 (E) of the Frederick County Code, is hereby amended to change the polling place of the Neffstown Precinct to read as follows: S7-7. Precincts and Respective Polling P1aces 536 Enumerated. E. stonewall Magisterial District. Neffstown Precinct Regency Lakes Community Center Upon motion made by Charles W. orndoff, Sr., seconded by W. Harrington Smith, Jr., the above was passed by the Frederick County Board of Supervisors at their meeting of January 12, 1994, 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 Plannina Commission Business: Public Hearinq: CONDITIONAL USE PERMIT #010-93 OF WHITE PROPERTIES FOR AN OFF PREMISE BUSINESS SIGN. THE SIGN WILL BE SITUATED ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSEC- TION OF FAIRFAX PIKE (ROUTE 227) AND STICKLEY DRIVE (ROUTE 1085). IN THE OPEQUON DISTRICT. AND IDENTIFIED AS PIN 85-A-148B. - APPROVED Mr. Wayne Miller, zoning administrator, presented this information to the board noting that staff and Planning Commis- sian had recommended approval with conditions. Mr. White was present on behalf of his request. Upon motion made by Robert M. Sager, seconded by James L. Longerbeam, CUP #010-93 of White Properties for an off premise business sign 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 #003-93 OF WOODSIDE ESTATES TO REZONE 28+ ACRES FROM RA (RURAL AREAS) TO RP (RESIDENTIAL PERFOR- MANCE). FOR SINGLE FAMILY DETACHED HOUSES. THIS PROPERTY IS LOCATED WEST AND ADJACENT TO DOUBLE CHURCH ROAD (ROUTE 641). BEHIND THE JAMESWAY SHOPPING CENTER. IN THE OPEOUON DISTRICT. AND IS IDENTIFIED AS PIN 38-A-20. (THIS WAS TABLED FROM THE NOVEMBER 10. 1993 MEETING) - APPROVED Mr. Kris Tierney, assistant planning director, presented this information to the board, noting that nothing has changed since this was presented to the board in November, 1993. Mr. Dick stated that if anyone present had something to say that was new or different from what was said at the meeting in 537 November he would allow them to address the board, otherwise the board would move to take action on this request. Mr. Rex Roby of the Valley Bible Church stated that he felt this plan has been reworked and that it is a good plan, and further that the church feels it should be approved. Mr. John Stesel, neighbor, referred to figures from a soil survey of this property showing this soil is better suited for agricultural purposes and not development. He also addressed the area of the additional traffic that would be caused by this development. Mrs. Betty Stesel, neighbor, feels this property should remain agricultural as there is already too much development in this area. Mr. Fagg, neighbor, stated that timing and additional traffic is the two reasons the planning commission denied this request He further stated that there is twice as much growth in this area as compared to the whole state. Ms. Loretta Wymer, area resident, noted the amount of homes that are already in this area as well as the driveways and entrances on the Double Churches Road and this rezoning would only add to these already over crowded conditions. Ms. Lynn Shawn, resident of Double Churches Road, moved here from Montgomery County, Maryland. She is very much opposed to this rezoning and read from a prepared statement a listing of her many concerns. Mr. Dick stated that this would be the end of any further input from citizens. Mr. smith stated that he has visited the site and studied all of the information provided, as well as the input from the area citizens, and based on all of this he would move at this time for approval of this request. Mr. Longerbeam seconded this motion. Mr. Sager stated that he had requested that this be tabled at the meeting in November. He further explained that he was very concerned about routes 641, 647, and 277 and how this rezoning would affect the already heavy traffic on these routes. 538 Mr. Longerbeam asked if this was the last major rezoning that could be requested in this area. Mr. Watkins replied no, there is one more. Mr. Sager stated that there were still a lot of people gOIng over the posted 45 miles per hour speed limit on the Double Churches Road. The above motion was approved by the following recorded v01e: 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 REZONING APPLICATION #004-93 OF GARY HUNT. HUNTS CYCLE SHACK. TO REZONE 1.05 ACRES FROM RA (Rural Areas) TO B2 (BUSINESS GENERAL) FOR THE SALES AND SERVICE OF MOTOR CYCLES AND THE SALE OF USED MOTOR VEHICLES. THIS PROPERTY IS LOCATED EIGHT MILES WEST OF WINCHESTER ON NORTHWESTERN PIKE (ROUTE SOW). IN THE BACK CREEK DISTRICT. AND IS IDENTIFIED AS PIN 28-A-133 - APPROVED Mr. Kris Tierney, presented this request to the board noting that the Planning commission recommended approval. Mr. Jess Richardson, local attorney, appeared before the bObrd on behalf of the petitioner. There was no public input. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the rezoning application of Gary Hunt, Hunts Cycle Shack 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 1994 COMPREHENSIVE POLICY PLAN - APPROVED Mr. Kris Tierney presented this plan to the board and explained that the population, housing, and employment figures have been updated to reflect the most recent data. He further explained that the entire document has had relatively minor edltorial changes made throughout and other areas of change are as follows: 1. The history section has been updated; 2. Information has been added on corridor study efforts; 539 3. Information has been added on the Wastewater Treatment study for Rural Community Centers; 4. Updated information has been added on our revised Rural Areas (RA) regulations; 5. A statement has been added to the Transportation section regarding rail corridors; 6. The information on emergency services has been updated; 7. An updated statement on the County offices has been added to the Capital Facilities section; 8. Information on the County's Impact Model has been updated. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the 1994 Comprehensive Plan 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 AN AMENDMENT TO THE FREDERICK COUNTY DEVELOPMENT REVIEW FEE SCHEDULE. THIS AMENDMENT PERTAINS TO THE ADJUSTMENT OF APPLICATION FEES FOR CONDITIONAL USE PERMITS. VARIANCES AND APPEALS. AND THE ESTABLISHMENT OF A REVIEW FEE FOR MINOR SITE PLAN REVISIONS - APPROVED Mr. Miller presented this request to the board. There was no public input. Mr. Sager moved for the approval, Mr. Smith seconded the motion. Mr. Ellington stated that he felt the $250 for Board of Zoning Appeals was too high as it is a 400% increase and that is too much. 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 End of Public Hearings: MEMORANDUM RE: WAIVER FOR SHARED PRIVATE DRIVEWAY WIDTH - APPROVED UNDER CONSENT AGENDA Mrs. Hazel V. Rehbock owns a plat that is being proposed for a division of a 76.36 acre tract of Rural Area (RA) zoned land located off Cedar Grove Road (Route 654). Mrs. Rehbock desires to do a minor rural subdivision and establish a 5.335 acre lot to permit Mrs. Irene Cockerham to build a home there. 540 The proposed subdivision meets all the requirements of the zoning and subdivision ordinances with the exception of Article V, section 144-31,C.(3) of the subdivision ordinance. This section requires a 50' shared private drive to service the int.ernal lot. Relief from this requirement requires Planning Commission recommendation and Board of Supervisor ruling. VIRGINIA GROWTH STRATEGIES ACT AGENDA APPROVED UNDER CONSENT Last summer the planning department reviewed with the board the proposed Virginia Growth strategies Act, which is intended to provide a new framework for planning and growth management in Virginia. After staff recommendations, the Planning commission and Board of Supervisors passed resolutions which state the following: That Frederick County supports legislation that would provide for improved strategic planning at the statewide level and improved coordination among state agencies. That Frederick County does not support scrutiny of local planning by state agencies. That measures are needed to improve regional coordination and to provide better local tools for growth management. A new version of the Act has been prepared for introduction in~o this session of the General Assembly. The fOllowing changes have been made: Local planning review and recognition procedures have been removed. The legiSlation endorsed by the Commission on PopUlation Growth and Development on September 29, 1993 requires that a Virginia Growth Strategies Plan be prepared and adopted and that the activities of state agencies be required to conform with this plan. ALTERNATE WASTEWATER TREATMENT STUDY - FINAL REPORT AND RECOMMENDATIONS OF THE TECHNICAL ADVISORY COMMITTEE APPROVED UNDER CONSENT AGENDA MEMORANDUM RE: INTERIM BATTLEFIELD ACTION PLAN - APPROVED UNDER CONSENT AGENDA The Interim Battlefield Action Plan was prepared and recommended by the Frederick County - Winchester Battlefield task force. This plan was endorsed by the Planning Commission at their meeting of January 5, 1994. HIGHWAY FUNDING LEGISLATION TO BE CONSIDERED IN GENERAL ASSEMBLY - APPROVED UNDER CONSENT AGENDA Legislation will be considered in the General Assembly whJch will substantially change the formulas by which road construction funding is distributed throughout the state. The change in the unpaved road eligibility will be particu- larly dramatic. It will reduce our funding in this area by over half. A number of unpaved roads that have been scheduled for years to be paved in our secondary road improvement plan will have to be removed. The impacts of the changes in the primary and major secon- dary improvement fundinq will be more subtle. An attached analysis suggests that the major secondary improvement funding will continue to grow despite the change. However, it appears to staff that the funding in both these categories will 541 necessarily grow less rapidly than they would have without the change. It is clear that this bill represents an attempt to shift funding from the smaller municipalities to the larger metropoli- tan areas. It will have a substantially negative impact on the smaller but rapidly growing areas like Frederick County. An additional analysis projects that the staunton District current- ly has one of the lowest ratios of funding to revenue for highway projects. We get much less than we give. The proposed changes will undoubtedly make this situation worse. It is the opinion of the staff that an analysis by VDOT is needed of the impact that the legislation will have on rates of growth in road improvement funding. The staff would recommend that Frederick County oppose this bill. PROPOSED 1994-95 CAPITAL IMPROVEMENTS PLAN SCHEDULED FOR PUBLIC HEARING ON FEBRUARY 9. 1994. ACTIVITY REPORT CONSENT AGENDA DECEMBER 1-31. 1993. APPROVED UNDER CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Code and Ordinance Committee met on Monday, December 13, 1993, 4:00 P.M. in the Personnel Office Conference Room. Present were Chairman of the Committee W. Harrington Smith, Jr.; Committee members Charles W. Orndoff, Sr., George W. Johnston, III and Patricia F. Scheder. Also present were Board of Super- visors Chairman Richard G. Dick; Commonwealth's Attorney Law- rence R. Ambrogi; Commissioner of the Revenue Natalie Cather Miller and County Administrator John R. Riley, Jr. Committee member Steve Butler was absent. The committee submits the following: Discussion of Creation of SeDarate Classes of Prooerty for SeDarate Tax Rates The Commissioner of the Revenue advised the committee that separate rates need to be incorporated in the Frederick County Code for separate classes of property. previously the Board had implemented these rates by policy only. It is therefore recom- mended that the following be advertised for public hearing: Airplanes - .425 per $100 of assessed value Antique vehicles classified as 25 years or older - not to be taxed. Discussion to Amend the Frederick County Code Meals Tax Penalty and Interest Section The Commissioner of the Revenue has indicated that there is some ambiguity as to the penalty and interest section of the meals tax ordinance. The committee requested that the proposed wording be presented to the committee at its next meeting. Discussion of Valuation of Trucks (Tractor Trailer Vehicles) for Taxinq Purposes The Commissioner of the Revenue advised the committee that she has received concerns expressed by truckers that the county personal property tax rate for tractor and trailers is excessive and that they are contemplating garaging their vehicles in adjacent states. The committee requested that the commissioner provide them with background information at their next meeting that details total number of vehicles currently taxed, total number of vehicles not taxed and a recommended course of action as to what would remedy said concerns. 542 BOARD COMMENTS There were no board comments. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board retired into executive session accordance with the Code of Virginia. 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 Robert M. Sager, seconded by Charles W. Orndoff, Sr., 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 REGUI.oAR SESSION Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the board reconvened into regular session and certified that nothing other than what was noted as renson for going into executive session was discussed. The above motion was approved by the following recorded vot.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 1: i I, LETTER OF INTENT TO BE SENT TO FARMERS AND MERCHANTS NATIONAL BANK - RE: GRIM PROPERTY Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, a letter of intent will be sent to Farmers and Merchants National Bank, Winchester, Virginia, wherein the 543 County of Frederick and the City of Winchester will together jointly, and equally offer an option on the Grim Farm Property located in Kernstown. 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 UPON MOTION HADE BY CHARLES W. ORNDOFF, SR., SECONDED BY W. HARRINGTON SMITH, JR., THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. CHAIRKAH RECOHVEHES MEETING ROBERT M. SAGER APPOINTED TO LORD FAIRFAX PLANNING DISTRICT IN PLACE OF JIMMIE K. ELLINGTON Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., Robert M. Sager was appointed to the Lord Fairfax Planning District in place of Jimmie Ellington as Mr. Sager is the board member appointed to serve on the county Planning Commission. ~_.,_"'JCC'_C;='c.,~-==-- ~ <-t.. : k, 'Board of ~isors