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HomeMy WebLinkAboutJune 08, 1994 Regular Meeting 649 A Regular Meeting of the Frederick county Board of supervi- sors was held on June 8, 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 The invocation was delivered by Reverend Michael S. B. Robbins of the Braddock street united Methodist Church. ADOPTION OF AGENDA Mr. Riley requested to add the Code and Ordinance Committee Report. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, 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 the consent agenda: 1. Request from School Finance Director Re: Budget Adjustment Request, 1993-94 - Tab C; 2. Resolution from the Winchester and Western Railroad Company Re: Rail Preservation Application - Tab D; 3. Road Resolution - Wakeland Manor - Tab K; 4. Code and Ordinance Committee Report - Number 5 under Other Items Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the consent agenda 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 650 CITIZEN COMMENTS Mr. Roger Koontz, resident of Gainesboro District, appeared before the board stating that he was representing a group of county citizens that are opposed to the county offices being moved out of the City of Winchester. He asked that certain information that had been requested by his group be made avail- able in order that the group might get this information out to the citizens of the county as soon as possible. MINUTES - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the regular meeting of May 11, 1994, were 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 GEORGE LUDWIG. THELMA RATLIFF. MICHAEL STEERE APPOINTED TO SANITARY DISTRICT ADVISORY COMMITTEE Upon motion made by James L. Longerbeam, seconded by w. Harrington Smith, Jr., George Ludwig, Thelma Ratliff, and Michael steere were appointed to serve on the Sanitary District Advisory Committee, for a three year term, said term to commence July 1, 1994 and expire on June 30, 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 RICHARD C. SHICKLE APPOINTED TO COUNTY PLANNING COMMISSION TO FILL UNEXPIRED TERM OF TODD SHENK Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, Richard C. Shickle was appointed to fill the unexpired term of Todd Shenk on the county planning commission as a representative from Gainesboro District, said term to commence on June 30, 1994 and expire on February 8, 1997. The above motion was approved by the following recorded vote: L 651- 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 THOMAS F. PRICE APPOINTED TO LORD FAIRFAX MEDICAL SERVICE COUNCIL Upon motion made by W. Harrington smith, Jr., seconded by Charles w. Orndoff, Sr., Thomas F. Price was appointed to the Lord Fairfax Emergency Medical Services Council for a three year term, said term to commence on June 30, 1994 and expire on June 30, 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 SCHOOL FINANCE DIRECTOR BUDGET ADJUSTMENT REQUEST - 1993-94 APPROVED UNDER CONSENT AGENDA The following budget adjustment is requested to record VPSA bonds sold for the final phase of the Frederick County Middle School renovation: INCREASE REVENUE ESTIMATES: 61.4104.0010 VPSA Bond Proceeds $990,000.00 INCREASE APPROPRIATIONS: 61.6600.9.9.00.3170.00.00 Contracted Activities $990,000.00 These bonds have been approved by the board of supervisors and the proceeds deposited with the State designated investment firm on 5/5/94. A contract has been signed with L. White & Co., Inc. of Fredericksburg, Va. in the amount of $986,700.00 for this project, which includes additional window replacements, air conditioning and related electrical requirements. RESOLUTION FROM THE WINCHESTER AND WESTERN RAILROAD COMPANY RE: - RAIL PRESERVATION APPLICATION - APPROVED UNDER CONSENT AGENDA WHEREAS, the WINCHESTER & WESTERN RR desires to file an application with the VIRGINIA DEPARTMENT OF TRANSPORTATION for safety and improvement projects; and WHEREAS, the identified safety projects are estimated to cost $71,000 and the improvement projects are estimated to cost $2,186,982; and WHEREAS, the 1994 General Assembly has approved funding for the acquisition, lease or improvement of railways within the Rail Industrial Access Program budget; and 652 WHEREAS, the WINCHESTER & WESTERN RR is an important element of the WINCHESTER/FREDERICK COUNTY transportation system; and WHEREAS, the WINCHESTER & WESTERN RR is instrumental in the economic development of the WINCHESTER/FREDERICK COUNTY area, and provides relief to the highway system by transporting freight, and provides an alternate means of transporting commod- ities; and WHEREAS, FREDERICK COUNTY supports the project and the retention of rail service; and WHEREAS, the COMMONWEALTH TRANSPORTATION BOARD has estab- lished procedures for all allocation and distribution of the funds approved by the 1994 General Assembly. NOW, THEREFORE, BE IT RESOLVED that FREDERICK COUNTY does hereby request the VIRGINIA DEPARTMENT OF TRANSPORTATION to give priority consideration to the projects proposed by the WINCHESTER & WESTERN RR totaling $2,257,982 in FREDERICK COUNTY and THE CITY OF WINCHESTER. Public Hearinq: IN ACCORDANCE WITH SECTION 22.1-29.1 OF THE CODE OF VIRGIN- IA. 1950. AS AMENDED. THE FREDERICK COUNTY BOARD OF SUPER- VISORS WILL HOLD A PUBLIC HEARING TO CONSIDER THE NOMINA- TION TO THE FREDERICK COUNTY SCHOOL BOARD FROM SHAWNEE MAGISTERIAL DISTRICT Mr. Harrington Smith, Jr., introduced his nomination to the School Board, Mr. Don Edwards of 107 Shockey Circle. Mr. Smith asked Mr. Edwards his opinion of the Christ- mas/Easter Holiday issue that had been so controversial recently with the School Board. Mr. Edwards replied that he disagreed with the School Board decision then, and he still disagrees with it, as he felt they should be called Christmas and Easter Holidays. Mr. Smith asked Mr. Edwards what he felt his qualifications were to serve on the School Board. Mr. Edwards replied that he was a member of the Shawnee Ruritan Club and the club has been very active in raising monies for various playground equipment as well as other items for the schools. Mr. Dick asked Mr. Edwards his opinion of the county budget and how it relates to the school system. Mr. Edwards replied that he had not followed it that closely, therefore he would rather not comment on it. Mr. Dick asked Mr. Edwards if he were prepared to run for the School Board in the next election. 653 Mr. Edwards replied that he was not prepared to answer that question at this time as he felt he would have to wait and see how things go. Mr. Dick asked Mr. Edwards what his thoughts were on teachers salaries. Mr. Edwards replied that he thought it was necessary to pay good wages in order to obtain and keep good teachers. Mr. Dick asked Mr. Edwards about the salaries of the school administrators. Mr. Edwards replied that he was not that familiar with what the administrators are paid, therefore he couldn't really comment on it. Mr. Dick asked Mr. Edwards what he felt was the biggest thing facing the School Board at this time. Mr. Edwards replied that he felt the schools needed to get the job done, for the least amount of money they could. Mr. Ellington stated that the issue of Mr. Edwards not having children had been raised and he asked Mr. Edwards about this. Mr. Edwards explained that it was he and his wife's deci- sion not to have children. Mr. Longerbeam asked Mr. Edwards if he felt he was quali- fied and felt comfortable with his qualifications to be a good board member. Mr. Edwards replied yes. The following citizens appeared before the board with regard to this nomination. Patricia Grimes, Shawnee District, to oppose the nomination of Don Edwards and asked that the Board reconsider this nomina- tion and reelect Nancy Walsh to the School Board. Barbara VanOsten, Back Creek District, endorsed Nancy Walsh stating that she had served on the School Board for eight years and she knew she was eager to continue this service. Marlene Cross, Opequon District, endorsed Nancy Walsh as she did not feel Don Edwards will have the necessary time to be 654 as effective as Mrs. Walsh. She further noted Mrs. Walsh's accomplishments on the local level as well as the state. Reverend Gordon Shenkle, Shawnee District, Coalition for public Education, referred to trend in todays education as compared to the culture this nation was founded on. Shelia Almond, opequon District, endorsed Nancy Walsh as she had worked with Nancy for six years and felt she should remain on the School Board. Wally Kuchyt, Gainesboro District, endorsed Nancy walsh, stating that he felt the Board needed to reappoint Mrs. Walsh and do what was best for Frederick County. Carol Shobe, Shawnee District, stated that she was disap- pointed in how Mr. smith had handled this appointment and she was present to endorse Nancy Walsh. Patricia Lightner, Back Creek District, felt if something is not broken then it shouldn't be fixed, and she felt this fit Nancy Walsh and her seat on the School Board and asked the Board to reappoint Nancy Walsh. Paul Kilmeyer, Shawnee District, stated that he felt Nancy represents all the people of her district and that she should be reappointed. Karen Hammond, Shawnee District, stated that she did not agree with what the children are being taught, children need to know who their creator is and this is not taught in the schools and felt this is part of the teachers responsibilities, as well as the School Board. She is endorsing Don Edwards for the Shawnee seat on the School Board. Nancy Walsh, outlined to the Board all of her achievements since being appointed to the School Board, not only on the local level, but also the state. She stated her views as far as the things she felt were important as a School Board member and that she wanted very much to continue her service on the School Board. Mr. Dick informed Mrs. Walsh that her allotted time of three minutes were up, and if she would be seated until the other speakers had addressed the Board. 655 Pat Gouchenour, Shawnee District, endorsed Nancy Walsh and asked the Board to please return her to the School Board. Kenneth Y. stiles, stonewall District, stated that he was present to endorse Don Edwards and the fact that Mr. Edwards does not have children should not be an issue. He also referred to a letter that had appeared in the newspaper wherein it stated that Mr. Edwards had a full time job therefore he would not have the needed time to devote to being a School Board member, is that to say if you work full time you can not serve on the School Board, he is in total disagreement with this. He also addressed the area of the School Board budget and the fact that when he was chairman he was always blamed for a lot of the problems that were encountered during that time, he is no longer on the board, but the problems with the budget are still there. Nancy Walsh returned to the podium to finish her speech at this time. Mr. Smith addressed some of the questions that had been asked of Mr. Edwards at this meeting, noting his disapproval of some. He further addressed the Christmas/Easter issue and the way the local School Board elected to handle it, which he totally disagreed with. He spoke of his years on the county finance committee and all the arguing that had taken place with reference to the School Board and their budget requests, and he was tired of it and felt a change is definitely needed. IN ACCORDANCE WITH SECTION 22.1-29.1 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE FREDERICK COUNTY BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO CONSIDER THE NOMINATION TO THE FREDERICK COUNTY SCHOOL BOARD FROM BACK CREEK MAGISTERIAL DISTRICT Mr. Lawrence K. Van Hoose, nominee from Back Creek District, appeared before the board at this time. Mr. smith stated that he had read Mr. Van Hoose's resume and he was impressed with it. Mr. Dick asked Mr. Van Hoose about the school budget and if he had any thoughts on it. Mr. Van Hoose replied that not being that familiar with the budget he did not feel he could really comment on it at this 656 time, however he felt the School Board should be looking at the zero base and build from ground up. Mr. Dick asked Mr. Van Hoose about his thoughts on running in an election for the School Board seat. Mr. Van Hoose replied that he would have to wait and see how he felt about it when that time arrived. Mr. Dick asked Mr. Van Hoose about the area of teachers salaries. Mr. Van Hoose replied that people are your greatest assets, and he feels this definitely needs to be considered when dis- cussing salaries, while at the same time still operating within your budget. Mr. Dick asked Mr. Van Hoose his thoughts on salaries of the school administration. Mr. Van Hoose replied that he didn't really know that much about the salaries, that he would need to look into this before making any comment. Mr. Dick asked Mr. Van Hoose his thoughts on collective bargaining as it relates to teachers. Mr. Van Hoose is opposed to this. Mr. Dick asked Mr. Van Hoose how much time he had to give to this appointment. Mr. Van Hoose replied as much as is required. Mr. Longerbeam stated that he felt Mr. Van Hoose had the exact expertise that is needed for this appointment. Mr. Ellington stated that he has known Mr. Van Hoose for many years and felt he is very qualified for the seat. Planninq Commission Business: Public Hearing: 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 MAGISTERIAL DISTRICT. AND IS IDENTIFIED AS PIN 53-A-71 - TABLED UNTIL AUGUST 10. 1994 BOARD MEETING \ I 657 Mr. Kris Tierney, assistant planning director, presented this request noting that staff had recommended denial and the planning commission had recommended approval with proffers. Mr. smith asked about the screening that was planned. Mr. Tierney replied that the ordinance specifies certain heights, depending on the location, etc., and in this situation it calls for heights of at least six feet. Mr. Sager asked if the site plan and environmental impact study had been received. Mr. Tierney replied no, not at this time. Mr. Ellington asked what the county would be assured of. Mr. Tierney replied that you could only be assured of the proffers. Mr. Orndoff asked if this rezoning was approved, and Virginia Department of Highways (VDOT) elected for some reason not to move their operation to the site, could someone else move there. Mr. Tierney replied yes. Mr. Delmar Robinson, one of the owners of the property, appeared before the board and explained that he had explained to the Planning Commission if for some reason VDOT did not move to the site, he would then request that the property be returned to its current zoning. He further stated that he felt VDOT had been a good neighbor in the city and they would continue to be a good neighbor in the county. He explained that the evergreens that would be used for screening would be at least 18 to 20 feet tall. Mr. Bill Bushman, resident engineer with VDOT, appeared before the board and explained that funds were approved by the General Assembly two years ago for VDOT to move to a larger site. He further explained that the seven acres at the site in the city is just too small and that, along with many other reasons, is why they need to move. Mr. Bushman addressed the two acres of wetlands and how this would fit into the overall picture. 658 Mr. Sager asked Mr. Bushman how long he thought it would take for the environmental impact study to be returned from VDOT. Mr. Bushman explained that he felt it should be forthcoming within the next 40 days. Mr. Longerbeam asked when the funds would be available for the construction of the buildings that are included in the plan. Mr. Bushman replied that he felt this was probably three years away. Mr. Longerbeam asked if additional information, more than what was provided on the map, was available. Mr. Bushman explained that he could not answer that, as he did not have the authority to say that could be done. He further explained that no site plan work could be done until VDOT knows a site has been approved. Mr. Longerbeam asked about the site that had been discussed on Route II North. Mr. Bushman explained that was never approved. Mr. Longerbeam asked if there would be underground tanks. Mr. Bushman replied yes they have already been approved. Mr. Bushman explained the area of herbicides and pesticides and the storage and disposal of same. Mr. Ellington asked Mr. Bushman to explain VDOT's policy on the storage of salt. Mr. Bushman did so. Mr. Sager asked about the residue pond. Mr. Bushman explained that this goes into 10,000 gallon tanks and is then pumped out and hauled away. Mr. Dick addressed the area of the two acres of wetland, as well as the five acres that is planned for immediate use, leaving eleven acres that will be unused. He asked Mr. Bushman about future expansion and if he felt the time would come when they would utilize the entire site. Mr. Bushman replied that where they currently are they cannot utilize the space as well as they would like to. Mr. Dick asked about the planned screening by VDOT. \ 659 Mr. Bushman explained that he didn't feel everything would be hidden to the point that a person wouldn't be able to tell that VDOT was not there. Mr. Longerbeam stated that with the environmental impact study scheduled to be completed hopefully within forty days, he asked if this could be tabled, and during this time all of those involved could visit the site and the Board could move on from there. He asked if this public hearing could be cancelled. Mr. Dick replied no. This has been advertised and the board would listen to the public. Mr. Orndoff asked if the county felt this site would pass the environmental study. Mr. Bushman replied that yes he felt it would. Mr. Orndoff stated that he felt the land across Route 50 would be a better location. Mr. stevens, area resident, appeared before the board stating that perhaps he could address some of the Board con- cerns, and he felt the residents of the area that were present at this meeting would consider the recommendation that this request be tabled. Mr. Longerbeam asked if this would mean the board would have to have two public hearings on this request. Mr. Riley explained that the board could listen to the citizens tonight and then move to table this public hearing to the actual site in question. Mr. Ambrogi further explained that you would just recess the public hearing until a later date. Mr. Longerbeam asked that the area of environmental issues not be discussed further at this meeting as he felt it was necessary to have the actual report in hand before further discussion took place. Mr. John stevens, Gainesboro District, once again appeared before the Board noting that he was present to speak on behalf of the 75 citizens that had signed the petition opposing this rezoning. Mr. Stevens pointed out that the map, as presented by VDOT, of the area in question does not address drainfields or 66()J storage tanks or the three lanes for traffic. He also referred to the Route 11 site and the fact that the Environmental Protec- tion Agency has not signed off on this site. He also felt this rezoning will have a severe affect on the homes and residents if this is approved. Sally Plumly, Gainesboro District, opposed to this rezon- ing, stated that she felt VDOT had been vague about specific areas of this request. Mr. Bushman explained that this will not be a consolidated area, it will be the same as the other VDOT barracks within this area. Mr. smith stated that he felt the citizens were concerned about the increase of traffic on Route 803. Helen Hodges, Gainesboro District, felt the Board is setting a precedent, this is not included in the county's comprehensive plan, and the Board needed to listen to the residents of Round Hill and this should be denied. Tim Hodges, Gainesboro District, stated that he felt that if VDOT is allowed to relocate to this site, that water and sewer will be next which will only open this area to further development. Mr. Delmar Robinson, explained that he felt there are certain facts that have been overlooked such as where does Round Hill Community begin and where does it end. He explained that there is some screening already in place, and he addressed the salvage yards that the Robinsons have to look at from the location of there property, and that this location is 1.2 miles from the Round Hill Community Center. Joan Lewis, resident of the city of Winchester, however she owns property in the county and her mother lives in Round Hill, stated that she is totally opposed to this rezoning. Jack Ball, Gainesboro District, living on Route 803, stated that he felt VDOT belongs in an industrial location, not on Route 803. Lennie Mather, resident of Frederick County, stated she is opposed to VDOT going to this location as she felt if this is 661 approved the county will lose control of future development in the area. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this rezoning request is tabled for 60 days and the public hearing will be continued at the August 10 Board meeting. 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 AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING. ARTICLE X. BUSINESS AND INDUSTRIAL ZONING DISTRICT. SECTION 165-82B. B2 (BUSINESS GENERAL DISTRICT). AND ARTICLE IV. SUPPLEMENTARY USE REGULATIONS. SECTION 165-48.3. TO ALLOW ELECTRICAL AND PLUMBING SUPPLY BUSINESS- ES IN THE BUSINESS GENERAL DISTRICT - APPROVED Mr. Evan Wyatt, planner I, presented this information to the board. There was no public comment. Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington, the following ordinance amendment 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 AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165, ZONING WHEREAS, An ordinance to amend Chapter 165, Zoning, of the Frederick County Code, Article X, Business & Industrial Zoning Districts, section 165-82B (B2, Business General District) and Article IV, Supplementary Use Regulations, Section 165-48.3, was referred to the Planning Commission on June 1, 1994; and, WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on June 1, 1994; and, WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on June 8, 1994; and WHEREAS, the Frederick county Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of supervisors as follows: That Chapter 165 of the Frederick County Code, Zoning, Article X, Business and Industrial Districts, and Article IV, 662, Supplementary Use Regulations is amended as described on the following attachment. This ordinance shall be in effect upon its passage. Passed this 8th day of June, 1994. AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING. ARTICLE VI. RESIDENTIAL PERFORMANCE DISTRICT. SECTION 165-59. PERMITTED USES. SECTION 165-63. OPEN SPACE REQUIREMENTS. AND ARTICLE XX. DEFINITIONS. TO ALLOW PUBLIC LIBRARIES IN THE RESIDENTIAL PERFORMANCE DISTRICT - AP- PROVED Mr. Evan Wyatt, presented this request to the board. Mr. Longerbeam asked if this needed to be limited just to the Handley Library. Mr. Orndoff stated that he had some concerns with just Handley Library being named. Mr. Bob watkins, planning director, discussed with the board his thoughts on just using public libraries rather than Handley Library. Trish Ridgeway, director, Handley Library, explained to the board that they did not want this worded so that it would permit land to be given to libraries and schools by contractors, if they did not want it. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the following ordinance amendment 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 WHEREAS, An ordinance to amend Chapter 165, Zoning, of the Frederick County Code, Article VI, Residential Performance District, Sections 165-59, Permitted Uses, and 165-63, Open Space Requirements, and Article XX, Definitions, was referred to the Planning commission on June 1, 1994; and, WHEREAS, the Planning commission held a public hearing on this ordinance adoption on June 1, 1994; and, WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on June 8, 1994; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: 663 I That Chapter 165 of the Frederick County Code, zoning, Article VI, Residential Performance District and Article XX, Definitions is amended as described on the following attachment. This ordinance shall be in effect upon its passage. Passed this 8th day of June, 1994. BILL BUSHMAN. RESIDENT ENGINEER. VIRGINIA DEPARTMENT OF TRANSPORTATION TO ADDRESS THE BOARD RE: PROPOSED IMPROVE- MENTS TO I-Bl/ll NORTH/ROUTE 37 INTERCHANGE AREA Mr. Bill Bushman addressed the board and by way of slides explained what VDOT was proposing as far as changes on 1-81/11 North/Route 37 Interchange Area. Mr. Dick asked how many trucks, per day, traveled this route due to the location of Crown, Cork and Seal. Mr. Bushman replied approximately 40-50 per day. Mr. Don Besley, president, Cives Steel, addressed the board noting that he has been with cives steel at this location for twenty-one years. He further explained that he felt there were approximately 1,000 shipments, by truck, per year from this location. He felt the realignment of Route F-733 is a good idea, but felt he would need more time to study the other options. He further explained that he did have some concerns about his trucks that are a 120 ft. long being able to maneuver as they should. He requested to see some form of a scale as to what is proposed before signing off on the proposal. PRESENTATION AND DISCUSSION OF PROPOSED IMPROVEMENTS TO THE WINCHESTER REGIONAL AIRPORT Mr. Evan Wyatt introduced Mr. Michael D. Kane, P.E., of Delta Associates, who presented the plan describing improvements to the Winchester Regional Airport. These improvements reflect- ed a portion of the Phase I planning outlined in the Winchester Regional Airport 2012 Master Development Plan. Mr. Smith asked if this would mean the airport would be closed for some time this summer. Mr. Kane replied yes for twenty-one days between september and October. Mr. Dick stated that he was not happy with what had been done up to this point with the road and felt it is ridiculous. Mr. Kane stated that the road standards are set by VDOT. MASTER DEVELOPMENT PLAN - LAKEFRONT APARTMENTS - DENIED 664 Mr. Evan wyatt, planner II, presented this information to the board noting that the staff and planning commission recom- mended approval. Mr. Smith asked if the developer had taken care of the areas as outlined by the county. Mr. wyatt replied his office is working on that. Mr. Smith moved to deny this request, Mr. Sager seconded. Mr. Longerbeam asked what about units of eight rather than twelve. Mr. Ellington asked if the board was talking apartments not townhouses. Mr. Chuck Maddox, of G.W. Clifford Associates, explained that these will be condos that will be for sale. Mr. Smith referred to the remarks that had been submitted by the Fire Marshall in the report that was submitted along with this request. The above motion was denied by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Nay Robert M. Sager - Aye Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Nay ROAD RESOLUTION - WAKELAND MANOR - 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 Requirements of the Virginia Department of Transportation, and 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 FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virgin- ia Department of Transportation. CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA 865 The Code and Ordinance Committee met on Monday June 6 . , , 1994, 4:00 P.M. ln the Personnel Office Conference Room. Present were Chairman of the Committee Jimmie K. Ellington, Robert M. Sager, Patricia F. Scheder and Stephen G. Butler. Also present were Commonwealth's Attorney Lawrence R. Arnbrogi; commissioner of the Revenue Natalie Cather Miller; Treasurer C. william Orndoff, Jr.; Sheriff Robert T. Williamson and County Administrator John R. Riley, Jr. Committee member Susan French was absent. The committee submits the following: ACTION ITEMS Discussion of Amendment to the state Uniform Traffic Code (Chapter 158 Vehicles and Traffic of the Frederick County Code) The county attorney presented the attached code amendment for consideration by the committee. The amendment provides for automatic inclusion in the Frederick County Code on any provi- sion enacted into law by the General Assembly on matters related to vehicles and traffic. The committee members present recom- mended that the amendment be advertised for pUblic hearing. Discussion of County Decal Filinq Deadlines The treasurer presented the attached proposal and code amendment for consideration by the committee. Currently, the Frederick county Code requires that county decals be purchased within 15 days of vehicle purchase. This 15 day time period now appears to be too short and numerous decal purchases are missing the deadline. It is now felt that a 30 day provision which compliments DMV's 30 day tag provision would make more sense. The committee recommends that the amendment be advertised for public hearing. Discussion of Chanqe of Filinq Date for Machinerv and Tools from Februarv 15 to March 15 The commissioner of the revenue presented this request. This would enable taxpayers to file the Business License Appli- cation and the Tangible Personal Property Return for items used regularly in a trade or business on the same date. The commit- tee reviewed this request and recommends same for advertisement for public hearing. Discussion of Proration of Personal Prooerty Taxes on Boats The commissioner of the revenue presented the attached memorandum on the proration of personal property on boats. The committee felt there was no reason not to prorate personal property taxes on boats and recommends same for advertisement for public hearing. NON ACTION ITEMS Discussion of Binqo Ordinance The committee further discussed this issue and tabled same in order to give the county attorney time to further research this matter. The committee also directed the county administra- tor to research how other Virginia localities administer this law. The committee did feel that the commissioner should continue to accept applications. Discussion of Personal Property Filinq Exemotions for Taxoayers That Have No Chanqes The commissioner of the revenue is requesting new local legislation that would allow a taxpayer with no changes in personal property ownership over the previous year to be exempt from reporting same (i.e. no changes, no personal property form 666 filed with the commissioner). This change would avoid late filing fee charges that are currently assessed if a taxpayer . fails to file even though they have had no changes. The commlt- tee would like to wait a year to see how this legislation is utilized by other localities. Request by the Commissioner of the Revenue for Special Tax Classification for Handicapped Equipped Vehicles The commissioner of the revenue presented suggestion for consideration by the committee. discussed same but took no action. the attached The committee ReQUest by the Commissioner of the Revenue for Tax Relief for the Elderly for Personal Property Tax The commissioner of the revenue presented this request to the committee. The committee felt that with no backup docu- mentation it would be premature to take any action. The commit- tee took no action. commissioner of the Revenue Seeks Guidance on Meals Tax - Prepared - Non-Prepared Meals The commissioner of the revenue requested guidance on meals tax legislation with reference to enforcement of tax on meals that are prepared on premises (made to order sandwiches) vs. pre-packageable foods which are not subject to the tax. The commonwealth's attorney will provide a written clarification to the commissioner of the revenue. TRAFFIC LIGHT - ROUTE 7 - SHEETZ/REGENCY LAKE - DISCUSSED Mr. Riley explained that the county had been corresponding with the new owners of Regency Lakes concerning their participa- tion in the cost of a traffic light being erected at the inter- section of Route 7 West and the entrance into Regency Lakes and the new Sheetz store. Their initial response was that yes they would share half of the cost, but the county had not received any payment as of this date. Mr. Longerbeam asked the board members for their input on this matter. It was the consensus of the board, that unless this payment is forthcoming very soon, there will be no further permits issued until payment is received. BOARD OF SUPERVISORS COMMENTS Mr. Dick referred to the panel that Gerald Smith had spoken on, with regard to the county offices, and he wanted to be sure that everyone knew that this panel would be selected by Mr. Smith and his committee. There was no executive session as noted on agenda sheet. '\ \\ 667 UPON MOTION MADE BY ROBERT M. SAGER, SECONDED BY CHARLES W. ORNDOFF, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING _:~_._~Y ADJOURNED. .~ /' ~{,