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May 25, 1994 Regular Meeting 636 A Regular Meeting of the Frederick County Board of Supervi- sors was held on May 25, 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, Mr. Dick delivered the invoca- tion. ADOPTION OF AGENDA Mr. Riley requested that Tab G be tabled until the board meeting of June 8, 1994, as Mr. Bushman was scheduled to be at that meeting for a public hearing item, and has requested to address this subject at that time. Mr. Riley further requested that the public hearing to consider the nomination to the Frederick County School Board from Shawnee Magisterial District be rescheduled for the June 8, 1994 board meeting as Mr. Don Edwards had an appointment out of town, on this date, that could not be cancelled. A request from the Frederick-Winchester Regional Adult Detention Center to transfer $10,000.00 will be added to the Finance Committee Report. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., 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. Ellington requested that the Code & Ordinance Committee Report - Tab L be pulled, due to the fact that none of the citizen members were present at the last meeting. The board concurred. , l 637 Mr. Riley suggested the following tabs be approved under consent agenda: l. Proclamation Re: All-America Community Volunteer Recognition Week - Tab Ci 2. Resolution Requesting Senator Charles Robb to Co-Spon- sor S.993 in the Senate of the United states - Tab Di 3. Memorandum to Schedule a Public Hearing for planning Commission Items - Tab Ei 4. Memorandum RE: Discussion Regarding Request from virginia Department of Transportation to Hook Up Two Lots to sewer on 522 South - Tab Hi 5. Resolution in support of Funding for Preston Place II Housing Development. (Tabled from May ll, 1994 Meet- ing) - Tab Ii 6. Resolution Re: Route 642 - Tab Ji 7. Finance committee Report - Tab Mi Mr. smith requested that number 4 of the Finance Committee Report be pulled. (The County Administrator requests a General Fund supplemental Appropriation in the amount of $2,913. This amount is needed to install machinery for a credit card payment system at the Joint Judicial Center. Additional local funds are needed. The committee recommends approval.) Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., the consent agenda was approved as noted above by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Mr. John Stevens of Round Hill appeared before the board noting that he would like to present a petition wherein citizens of the Round Hill area are opposing the relocation of virginia Department of Highways barracks to Round Hill. He explained that this area, in the comprehensive plan of the county, is slated as residential and they do not feel this should be allowed or approved by the board. He further explained that the county planning commission had originally recommended denial, however once the proffers were offered the commission changed ... 638 their decision. He asked that the board members seriously consider this request. MINUTES Mr. smith noted that on page 1 under adoption of agenda number 2 should read route 642 and not 643. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes of the regular meeting of April 27, 1994, 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 KITTY ZUCKERMAN AND JUDY BOGNER. CHAMBER OF COMMERCE. ADDRESSED THE BOARD Ms. Kitty Zuckerman and Ms. Judy Bogner of the local chamber of commerce appeared before the board and presented information with regard to tourism in the area. They explained what their office had done to promote tourism and also outlined the increase in revenue over the past three years in the areas of lodging and food for the county. JUDITH A. SWIGER REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., Judith A. Swiger was reappointed to the Historic Resources Advisory Board as a Member-At-Large for a four year term, said term to commence May 25, 1994, and terminate on May 25, 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 B. BLAIR WEBBER REAPPOINTED TO THE BOARD OF BUILDING APPEALS Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff, Sr., B. Blair Webber was reappointed to the Board of Building Appeals for a five year term, said term to commence June 26, 1994 and terminate on June 26, 1999. 639 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 T. VICKERS APPOINTED TO BOARD OF BUILDING APPEALS Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, James T. Vickers was appointed to the Board of Building Appeals for a five year term, said term to commence on June 26, 1994, and terminate on June 26, 1999. 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 MARY K. ARMSTRONG REAPPOINTED TO THE HISTORIC RESOURCES ADVISORY BOARD Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., Mary K. Armstrong was reappointed to the Historic Resources Advisory Board for a four year term, said term to commence on July 12, 1994, and terminate on July 12, 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 LARRY VANHOOSE NOMINATED TO SCHOOL BOARD FROM BACK CREEK DISTRICT Mr. Longerbeam nominated Mr. Larry VanHoose at this time for the Back Creek School Board seat. Mr. VanHoose, if ap- pointed, will be fulfilling the unexpired term of William H. VanHorssen who has resigned due to the fact that he is being transferred out of the county with his job. There will be a public hearing on this nomination at the board meeting of June 8. 640 PROCLAMATION RE: ALL-AMERICA COMMUNITY VOLUNTEER RECOGNI- TION WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, volunteers throughout the community devote their time, energy, and ideas to civic and charitable organizations, WHEREAS, volunteers are so vitally important in today's society; helping others less fortunate and aiding organizations, asking nothing in return, WHEREAS, without these special people, civic, and charita- ble organizations would not exist, WHEREAS, people with special needs would not be helped, and we would not be recognized today as an All-America Community, NOW, THEREFORE, BE IT RESOLVED, the County of Frederick proclaims the week of June 6, 1994, through June 12, 1994, All-America Community Volunteer Recognition Week. RESOLUTION REQUESTING SENATOR CHARLES ROBB TO CO-SPONSOR S.993 IN THE SENATE OF THE UNITED STATES - APPROVED UNDER CONSENT AGENDA WHEREAS, S. 993 has been introduced in the Senate of the united states by The Honorable Dirk Kempthorne of Idaho; and WHEREAS, Senator Kempthorne's S. 993 will require the federal government to pay for the mandates that they impose on state and local governments and establish a fiscal note process so that when Congress votes on various measures affecting state and local governments, the members of Congress are aware of the fiscal impact; and WHEREAS, S. 993 is the most significant and far-reaching unfunded mandates legislation ever introduced in the Congress of the Unites states; and WHEREAS, as of May 1, 1994, Senator Kempthorne's bill had received 54 out of 100 Senate co-sponsors; and WHEREAS, Senator John Warner of Virginia has already displayed his commitment to this issue by signing on to S. 993; and WHEREAS, although Senator Charles Robb has communicated his concern about unfunded mandates and has indicated that he "fully endorses the concept of identifying and restricting unfunded federal mandates," to date he has declined to co-sponsor S. 993; and WHEREAS, a recent NACo survey estimated that a minimum of 12 percent of local budgets support unfunded federal mandates; and WHEREAS, unfunded federal mandates regularly force local tax increases and/or service cutbacks, restrict the rights of state and local voters and officials to determine their own priorities, and allow the Congress to avoid direct responsibili- ty for increasing taxes; and WHEREAS, the Constitution of the United States guarantees a federal, state and local partnership and unfunded federal mandates undermine the responsibility of the state and local level; and WHEREAS, S. 993 is endorsed by the National Association of Counties, the United States Congress of Mayors, the National League of Cities, the National School Boards Association, the National Governors Association, the Council of state Govern- ments, and the National Conference of State Legislatures; and 641 WHEREAS, reduction and elimination of unfunded mandates is the number one priority of the Virginia Association of Counties; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervi- sors of Frederick County implores Senator Charles Robb to demonstrate his concern about unfunded mandates to the local governments of the commonwealth of Virginia by immediate co- sponsorship of S. 993. MEMORANDUM: TO SCHEDULE A PUBLIC HEARING FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA The planning commission staff recommended June 8, 1994 as the date the two amendments to the county code Chapter 16S, zoning Article VI, and Article X will be presented to the board. PLANNING COMMISSION BUSINESS: Public Hearinq: CONDITIONAL USE PERMIT #001-94 OF GOD'S GLORY LAND. C/O THOMAS G. ADAMS. FOR A CHURCH RETREAT. THIS PROPERTY IS LOCATED ON THE NORTHWEST SIDE OF ROUTE 704 BACK CREEK ROAD. 3.3 MILES SOUTHWEST OF GORE. IN THE BACK CREEK DISTRICT. AND IS IDENTIFIED AS PIN'S 37-A-45. 37-A-46. 37-A-46A. AND 37-A-46B - APPROVED Mr. Wayne Miller, zoning administrator, presented this request to the board, noting that staff and planning commission recommended approval with conditions. Mr. Dick asked what constitutes a permanent resident. Mr. Miller replied one that lives there full time - year round. Mr. Dick explained that it was the "guest" that he had a question about, not the staff. Mr. Miller stated that he had suggested IS days, but he was open to suggestions. Mr. Sager stated that it was his understanding that four parcels would be put into one. Mr. Miller replied that was correct. Mr. Sager stated that he had some concerns about the wastewater treatment plant and the twelve sites that are desig- nated for trailers, and those trailers that sites are not available for, and he has discussed this concern with Mr. Adams. Mr. orndoff stated that he had some concerns about the package sewer plant. 64,2 Mr. Watkins explained that the county wants to avoid community water and sewer service plants, as the county does not want to set a precedent with this request. Mr. Longerbeam asked about the permanent resident status. Mr. Miller explained this as it relates to the county code. Mr. T. G. Adams appeared before the board at this time and introduced his wife and sister-in-law, Ms. Fox, along with Mr. Barnie willis who will be assisting him with this project. Mr. Adams presented pictures to the board members for their review of the property in question stating that he felt a retreat such as he is proposing is needed in the county and community. He explained that as far as the disposal of sewer is concerned, he plans to use the same type of system that is currently being used at Indian Hollow School. Mr. smith asked about the barn and stables. Mr. Adams replied they are already there. Mr. Longerbeam stated that he felt water, sewer, and roads should be in operation before anything else is done, and asked Mr. Adams what he thought this would cost. Mr. Adams replied that he felt it would cost 1 million dollars to get this off the ground, and he does have firm commitments on this cost figure. Mr. smith asked how long the visitors would be staying. Mr. Adams replied it was hard to say, 2, 5, and maybe 10 days. Mr. Smith asked Mr. Adams how many days would he be com- fortable with. Mr. Dick asked Mr. Adams if he would be comfortable with a 30 day limit. Mr. Sager felt this needed to be defined - 30 days per year or at anyone time. There was no public input. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., Conditional Use Permit #001-94 of God's Glory Land, c/o Thomas G. Adams for a Church Retreat was 643 approved as amended that would set a maximum of 30 days that anyone can stay per visit. Mr. Sager explained that he does not want to see the time limit abused and if it is, this will be revisited by the board at the time of the complaint. 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 REOUEST FROM VIRGINIA DEPARTMENT OF TRANSPORTATION TO HOOK UP TWO LOTS TO SEWER ON 522 SOUTH - APPROVED UNDER CONSENT AGENDA This request comes as a result of planned improvements to Route 522 South. The widening will take the drainfield of one of the residences and will require the removal of the other dwelling. Suitable replacement drainfield sites do not exist on either parcel. In an effort to minimize the cost incurred, VDOT is requesting that the County permit the two parcels to hook into the existing sewer line which runs through the area. This would allow for the continued use of the existing dwelling on one tract, and for construction of a new dwelling (or relocation of the existing dwelling) on a different portion of the second tract. If this is not permitted, VDOT will be forced to pur- chase both tracts in their entirety. A sewer line currently runs down Route 522 from the Parkins Mill Plant to the Armel School. This line actually runs through parcel 93A, then crosses Route 522 and runs down the wests ide of Route 522. A map showing the location of the two parcels, numbers 93 and 93A was attached for the boards information. The dark line running through the map represents the location of the Sewer and Water Service area, which lie outside of the service area. Typically, County policy would prohibit the extension of central sewer outside of the Sewer and Water Service Area. Since the parcels abut the Sewer and Water Service Area, and VDOT estimates that allowing the hook up would save them approximately $200,000, and the request comes as a result of rather unique circumstances, the staff recommendation to the Planning commission was for approval of the request. The Planning Commissions recommendation was unanimous in favor of the request, with the condition that the hook-ups were limited to one single family dwelling on each of the two par- cels. RESOLUTION IN SUPPORT OF FUNDING FOR PRESTON PLACE II HOUSING DEVELOPMENT - APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia Housing Development Authority is considering the financing of a multi-family residential housing development know as Preston Place IIi and WHEREAS, the proposed development will consist of approxi- mately 72 units of housing to be financed under Virginia Housing Development Authority's Conventional MUlti-Family Loan Program, and situated on approximately 5+ acres on the north side of Bufflick Road just east of U.S. Route 522, in the County of Frederick, across from Preston Place I Apartments. ,~_.- 644 NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors for the County of Frederick, Virginia, does hereby approve the proposed multi-family residential housing development known as Preston Place II. RESOLUTION - ROUTE 642 - RIGHT-OF-WAY ACQUISITION - AP- PROVED UNDER CONSENT AGENDA WHEREAS, The Frederick County Board of SuperYisors voted unanimously to participate in the Virginia Department of Trans- portation's Revenue Sharing Program on April 12, 1989, for the purpose of improving the alignment of Route 642 and thereby improving the traffic circulation in and around the area of Route 642i and, WHEREAS, A portion of the acreage needed for the realign- ment must be acquired from the Frederick Woods Development located at the southeast corner of the intersection of Routes 642 and 647i and, WHEREAS, Frederick Woods Associates Limited Partnership, the owners of the Frederick Woods Development, have agreed to convey the required acreage to Frederick County, NOW, THEREFORE, BE IT RESOLVED, that the Frederick county Board of Supervisors does hereby authorize John R. Riley, Jr., Frederick County Administrator, to sign on the County's behalf, the relevant legal documents which will transfer said acreage to Frederick County. ACTIVITY REPORT - MAY 1-15. 1994 - APPROVED UNDER CONSENT AGENDA CODE AND ORDINANCE COMMITTEE REPORT - SENT BACK TO COMMIT- TEE At the request of Mr. Ellington this report was sent back to committee due to the fact that the citizen members were not present at the last meeting. FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee met in the Personnel Conference Room on Wednesday, May 18, 1994 at 8:00 a.m. Present were: Commit- tee Chairman W. Harrington Smith, Jr.i Committee members James L. Longerbeam, John P. Good, Jr., Kitty Nicholas and Henry Buettner. Also present were John R. Riley, Jr., Cheryl B. Shiffler, Jennifer L. Place and C. William Orndoff, Jr. The agenda items are as follows: 1. The Airport Authority reauests a budaet transfer in the amount of $22.589 from its Capital Budaet to its Operatina Budaet. No additional total local funds are needed. See attached memo. The committee recommends approval. 2. The Revenue" $25.732. Airport Authority reauests a reduction in Budaet "Other in the Airport Operatina Budaet in the amount of See attached memo. The committee recommends approval. 3. The Airport Authority reauests a net reduction in the Airport Capital Fund in the amount of $1.170.500. The net local share savings that would be recognized, if the above referenced transfer in the amount of $22,589 is approved, equals $25,911. See attached memo. The committee recommends approval. 4. The County Administrator r~quests q G~OEi:t:al.Fund supp~em~u- tal appropriation in the amount of $2.913. This amount is needed to install machinery for a credit card payment system at the Joint Judicial Center. Additional local funds are needed. 645 See attached memo. The committee recommends approval. (THIS WAS PULLED UNDER THE ADOPTION OF THE AGENDA) 5. The Director of Public Works reauests a Landfill Fund supplemental appropriation in the amount of $3.989.87. This amount represents a reimbursement for the County's Plastic Pesticide container Recycling Program. This amount is requested to be placed in line item 12-4205-1005-000-000 Extra Help/Over- time. No additional local funds are necessary. See attached memo. The committee recommends approval. 6. The Director of PUblic Works requests a General Fund supplemental appropriation in the amount of $16.000. This amount is needed so the Inspections Department can purchase a new four-wheel drive to replace a 1986 pickup with 150,000 miles. Additional local funds are needed. See attached memo. The committee recommends approval. 7. The Law Library committee reauests a General Fund supple- mental appropriation in the amount of $15.747. This amount represents Law Library fees that were collected by Frederick County but were not expended. This involves additional local funds of $15,747 that are not currently budgeted. Law Library fees are collected on chancery and lawsuits. See attached memo. The committee recommends approval. ** FOR INFORMATION ONLY ** 1. Attached is a list of tax revenues for the three industries that are located south of Middletown. 2. The Finance Committee would like to commend Serena Manuel, Harry smith, Jim L. Longerbeam and Tony Barone on their efforts and dedication in reducing the Airport operating Budget. The Clarke-Frederick-Winchester Regional Adult Detention Center is requesting a transfer of $10,000.00 from vacant personnel service line items of their budget (Fund 11) to ADP Equipment ($7,041), Furniture and Fixtures ($2,698) and travel ($261). Invoices will be submitted to the compensation Board for reimbursement prior to June 15, 1994. BOARD OF SUPERVISORS COMMENTS Mr. Longerbeam noted that he has had a number of county citizens complaining about the NADA pricing of vehicles and the increase in their personal property bills. He feels this is being handled correctly by the office of the Commissioner of the Revenue and just wants to be sure that the public is kept informed of why and how this is being processed. Mr. Orndoff stated that he has also had a number of calls about the same thing. Mr. Sager stated that a number of citizens had spoken to him with regard to the reassessment, feeling it should have been conducted this year. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by w. Harrington Smith, Jr., seconded by James L. Longerbeam, the board retired into executive session in 646 " - 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 W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. the board withdrew from executive session. 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 RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. 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 JAMES L. LONGERBEAM, SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY RECESSED UNTIL JUNE 26, 1994, AT 8 A.M. IN THE OLD FREDER~URTHOUSE. , llerk. \ I