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April 28, 1993 Regular Meeting 292 A Regular Meeting of the Frederick County Board of Supervi- 1'1'\3 28)';t 7:15 P.M., in the Board of Super- sors was held on April visor'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; Beverly J. Sherwood and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Anthony A. Wadsworth, of the West Frederick Hill united Methodist Church. AGENDA ADOPTED AS AMENDED Mr. Riley explained that he had a request from the sheriff for approval of transfer of funds, no new money involved. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the agenda was approved as amended by the following recorded vote: . Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA - APPROVED Mr. Riley suggested the following items for approval under the consent agenda: 1. Adoption of Annual Work Programs - #2 under County Officials. 2. Memorandum Re: House Number Reminder - Tab D. 3. Resolution Re: Industrial Access Road - Mobil Corpora- tion - Tab E. 4. Road Resolution - Huntington Meadows - Tab J. 5. Activity Report - April 1-15, 1993 - Tab M. 6. Finance Committee Report - Tab N. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above tabs were approved under the consent agenda by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye 293 Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye JOHN FOREMAN NAMED EMPLOYEE OF THE MONTH FOR MAY 1993 Mr. Sager asked John Foreman, detox coordinator in the Division of Court services, to come forward at this time to receive his resolution for being named employee of the month for May 1993. Mr. Foreman was present to accept his award and thanked those responsible for his selection. STEPHEN OWEN PRESENTED CERTIFICATE OF APPRECIATION FROM BOARD OF SUPERVISORS Mr. Dick asked Stephen Owen, assistant county administra- tor, to come forward at this time. Mr. Dick presented Mr. Owen with a certificate of appreciation from the entire board for his six years of service to Frederick County. Mr. Owen thanked the board for the certificate along with all the expressions of well wishes he had been received during the last few weeks, not only from the board members, but also the county staff. MINUTES OF REGULAR MEETING OF MARCH 10. 1993. - APPROVED AS AMENDED Mr. Orndoff stated that on page 10 the very first sentence should read "Mr. Watkins replied he thought in the sixties or seventies." Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the minutes of March 10, 1993, were approved as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye KIM GORE APPOINTED TO GYPSY MOTH COMMITTEE FROM OPEOUON DISTRICT Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Kim Gore was appointed to the Gypsy Moth Committee from Opequon District for a four year term, said term to commence on April 28, 1993, and terminate on April 28, 1997. 294 The above motion was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye RONAlD BOWERS APPOINTED TO BOARD OF ASSESSORS FROM OPEOUON DISTRICT Upon motion made by Robert M. Sager, seconded by W. Harrington Smith Jr., Ronald Bowers was appointed to the Board of Assessors from Opequon District. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye AREND NYDAM APPOINTED TO BOARD OF ASSESSORS FROM GAINESBORO DISTRICT Upon motion made by Beverly J. Sherwood, seconded by Charles W. Orndoff Sr., Arend Nydam was appointed to the Board of Assessors from Gainesboro District. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye GEORGE ROMINE TO SERVE AS MEMBER AT LARGE ON PLANNING COMMISSION. DUE TO HIM NOW RESIDING AT WESTMINSTER CANTERBURY INSTEAD OF SHAWNEE DISTRICT Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, George Romine was appointed as member at large on the Planning Commission due to the fact that he is no longer a resident of Shawnee District, but resides at Westminster Canterbury. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye 295 James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye ROBERT A. MORRIS APPOINTED TO PLANNING COMMISSION FROM SHAWNEE DISTRICT Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Robert A. Morris was appointed to the Planning commission from Shawnee District for a four year term, said term to commence on April 28, 1993, and terminate on April 28, 1997. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD MEMBER ROBERT M. SAGER TO SERVE ON SHENANDOAH VALLEY INDEPENDENT LIVING COUNCIL AS COUNTY REPRESENTATIVE Upon motion made by Charles W. Orndoff, Sr., seconded by James L. Longerbeam, Robert M. Sager will serve on the Shenandoah valley Independent Living Council as a county repre- sentative. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Abstained Charles W. Orndoff, Sr. - Aye HOUSE NUMBER REMINDER IN FORM OF PUBLIC NOTICE AND PUBLIC SERVICE ANNOUNCEMENT - APPROVED UNDER CONSENT AGENDA RESOLUTION REGARDING INDUSTRIAL ACCESS ROAD - MOBIL CORPO- RATION- APPROVED UNDER CONSENT AGENDA WHEREAS, at the regular meeting of the Board of Supervisors for the county of Frederick, Virginia, held on the 28th day of April, 1993, it was duly moved and seconded that the following resolution be adopted: WHEREAS, Mobil corporation has entered into a five-year lease/purchase agreement regarding property currently owned by Henkel-Harris corporation and otherwise known as 158 capitol Lane (ll acres and l02,OOO sq. ft. of improvements); and WHEREAS, this property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which provide substantial employment; and WHEREAS, the product to be manufactured at this location has a direct impact on the reduction of wastes entering public and private landfills in the region; and 296. WHEREAS, the existing public road network does not provide for adequate access to this property and it is deemed necessary that improvements be made to Shawnee Road (state Route 652); and WHEREAS, the county of Frederick hereby guarantees that the necessary right of way for this improvement and utility reloca- tions or adjustments, if necessary, will be provided at no cost to the Industrial Access Fund (and intends to use Secondary Road Funds for these purposes, if necessary); and NOW THEREFORE, BE IT RESOLVED THAT: The County of Frederick hereby agrees to provide a surety or bond, acceptable and payable to the Virginia Department of Transportation, in the full amount of the cost of the improvements to the road; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on the site described above within five years of the Commonwealth Transportation Board's allocation of funds pursuant to this request. RESOLUTION APPROVING DETENTION PONDS - BASS HOOVER ELEMEN- TARY SCHOOL - APPROVED Mr. Riley presented this information to the board noting that it was a draft received from the school board, and it pertains to the construction and operation of two detention ponds on the Bass Hoover Elementary School site, which are designed to provide relief for drainage problems which exist in the Greenbrier Subdivision. Mr. Dick asked if this would be fenced, as this did concern him. Following discussion and comparison of the Lake at Lake- side, as well as Sherando, it was the consensus of the board that fencing was not necessary. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the following resolution was approved. The Frederick County Board of Supervisors agrees to indem- nify, defend and hold harmless the School Board of Frederick County, its officers, employees and all its agents from any and all claims of any nature whatsoever related to the creation, operation and maintenance of two detention ponds on the grounds of the Bass Hoover Elementary School now and forever as identi- fied in the attached plat. It is further agreed that if at some future time the two detention ponds located on the Bass Hoover Elementary School site are no longer required to provide relief for drainage problems which exist in the Greenbrier SUbdivision; the Freder- ick County Board of Supervisors will, at its sole expense, return the land described in the attached plat to as near to its original condition as practical. The above resolution was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye , \ 291 Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING: AN ORDIHAHCE TO AMEHD THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION; BY THE ADDITION OF ARTICLE XX, ASSESSMEHTS FOR STREETLIGHTS BE IT ORDAINED, that Chapter 155 of the Frederick County Code, is hereby amended by the addition of Article XX, Assess- ments for Streetlights to read as follows: S155-135. Assessments for streetlights. A. Pursuant to S15.1-360.1 of the Code of Virqinia, 1950, as amended, a fee is hereby assessed against all parcels of real estate serviced by streetlights provided by Frederick county, which fee shall be in the amount of the actual cost incurred by Frederick County to procure, develop, and maintain such service, plus an administrative fee not to exceed 10% of such actual cost as a reserve. B. In the event that the benefits of any such street- lighting inure to the benefit of identifiable neigh- borhoods or discrete properties in approximately equivalent amounts as determined by the Commissioner, the fee assessable against individual lots or parcels of real estate shall be determined by dividing the total actual cost for such service to such neigh- borhood or discrete properties, plus the aforemen- tioned administrative percentage reserve, by the number of benefitted properties. C. The fee hereby assessed shall accrue from the date of passage of this Ordinance and shall be billed by and payable to the Treasurer at the same time or times as for real estate taxation, as provided in Section 155-2 of this Code, and there shall be added to any such fee a penalty of ten percent (10%) of such fee for all such fees not paid when due as provided in section 155-4, and interest shall be due and payable on all delinquent fees and all penalties thereon from the first day following the day such fees are due at the rate of ten percent (10%) per annum. D. There shall be a lien against any such property assessed with such fee for any unpaid fee, penalty and interest, which lien shall be on a parity with liens for unpaid local taxes, and this lien shall be admin- istered and enforced in the same manner as provided in Chapter 39 of Title 58.1 of the Code of Virqinia. RESOLUTION ESTABLISHING FEE FOR STREETLIGHTS - APPROVED WHEREAS, the Frederick county Board of Supervisors, in regular session on April 28, 1993, approved an ordinance to amend the Frederick county Code, Chapter 155, Taxation, by the addition of Article XX, Assessments for Streetlights, pursuant to S15.1-360.1 of the Code of Virqinia, 1950, as amended; WHEREAS, the Board of Supervisors must set a fee for streetlights as determined by the actual cost for such service to such neighborhood or discrete properties, plus the aforemen- tioned administrative percentage reserve, by the number of benefitted properties; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors, in regular session on April 28, 1993, duly moved and seconded, approved a set fee of $20 per billing for 298 streetlighting services as herein described in S155-135 of the Frederick County Code. There was no public input. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above ordinance and resolution was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Planninq Commission Business: PUblic Hearinq: CONDITIONAL USE PERMIT #003-93 OF JOSEPH C. SMITH FOR THE EXPANSION OF AN EXISTING HOME FOR ADULTS. THIS PROPERTY IS LOCATED ONE MILE EAST OF WINCHESTER ON THE NORTH SIDE OF ROUTE 7. IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Wayne Miller, zoning administrator, presented this to the board noting that the staff and Planning Commission recom- mended approval with conditions. Mrs. Signor, Mr. Smith's daughter, appeared before the board and stated that eight residents are being planned for in the beginning. There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, CUP #003-93 of Joseph C. Smith was approved as presented with conditions as noted. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CONDITIONAL USE PERMIT #004-93 OF CHARLES AND BETTYE VIOLETTE FOR A COTTAGE OCCUPATION - AN AUDIO AND VIDEO STUDIO. THIS PROPERTY IS LOCATED 1 and 1\2 MILES OFF OF ROUTE 50 WEST ON ROUTE 259. IN BACK CREEK DISTRICT - APPROVED Mr. Miller presented this request to the board noting that staff and Planning Commission recommended approval with condi- tions. - I 299 Mr. Scott Peasley, Mr. violette's son-in-law, appeared before the board on behalf of this request. There was no public input. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the above CUP #004-93 of Charles and Bettye violette was approved with conditions as noted by the following recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye ROAD RESOLUTION - HUNTINGTON MEADOWS - 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 WHEREAS, the county and the Virginia Department of Trans- portation have entered into an agreement on November 12, 1992 for stormwater detention in Huntington Meadows Subdivision which applies to this addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets des- cribed on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Vir- ginia, and the Department's Subdivision Street Requirements, 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 Vir- ginia Department of Transportation. HISTORIC PLAQUE DESIGN CONTEST DISCUSSED BY BOARD Mr. Ron Lilly presented the finalist in the historic plaque design contest to the board and asked that they decide on the winner. Mr. Dick stated that he wanted the Historic Resources Committee to make the final recommendation, that would in turn be forwarded to the board. The board agreed with this recommendation. WARREN HOFSTRA ADDRESSED BOARD RE - PROPOSAL FOR CEDAR CREEK BATTLEFIELD STUDY - APPROVED ------~ 300 Dr. Warren Hofstra, associate professor of History at Shenandoah University, appeared before the board to present a proposal for an archaeological survey of the Cedar Creek Batt field area. He explained to the board that he was requesting their endorsement of this project in order to improve the proposal's chances of funding from the National Park Service. further explained that there would not be any cost to the cou for this study. Upon motion made by W. Harrington smith, Jr. , seconded b James L. Longerbeam, the board endorsed Dr. Hofstra's proposa for an archaeological survey of the Cedar Creek Battlefield study as requested by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye ACTIVITY REPORT - APRIL 1-15. 1993. - APPROVED UNDER CONSENT AGENDA FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee met on Wednesday, April 2l, 1993, 8:00 a.m. The following members were present: Robert M. Sage Chairman, W. Harrington Smith, Jr. , John Good, Jr. , Natalie Cather Miller and Raymond C. Sandy. Staff members John R. Riley, Jr. , Cheryl B. Shiffler, and Jennifer L. Place. The agenda items are as follows: The Director of General Reassessments is requestinq a General Fund supplemental appropriation in the amount of $17.234.00 for a modem. the remaininq DMV charaes and monthlv charaes for phone and postaae. These amounts could be funded from an amount that DMV has notified us that the County will receiving for mobile home registration taxes that they failed pay. This amount is $35,496.56. The committee recommends th $15,526. be approved for the purchase of a modem and delinque DMV charges. The committee did not recommend the approval of $1,708 for monthly postage and telephone charges. The Sheriff is requestina a General Fund supplemental appropriation in the amount of $l.294.44. This amount repre- sents the Countv's share in a drug seizure case. No additiona local funds are needed. The committee recommends approval. The Sheriff is requestinq a General Fund supplemental appropriation in the amount of $100.00. This amount represen a donation to the D.A.R.E. proqram. No additional local fund are needed. The committee recommends approval. The Sheriff is reauestinq a General Fund sup~lemental appropriation in the amount of $1. 364.56. This amount repre- sents the countv's share in a forfeited asset sharinq proqram The Sheriff's share . $722.42 and the Commonwealth Attorney' 1S share is $642.l4. No additional local funds are needed. The committee recommends approval. - - le- He nty Y 1 at r, be to at nt 1 ts s s 301 The Director of Court Services is requestinq a Court services supplemental appropriation in the amount of $1.500.00 to be appropriated to line item 13-2109-5413 (Other Operatinq Supplies). This money is grant program proceeds and requires no additional local funds. The committee recommends approval. The Director of Parks and Recreation is requesting that options be presented to the Finance Committee for the pur- chase/option of a bus. The amount appropriated for FY 93-94 is $7.500.00. The committee recommends that the additional money needed for the lease of the bus be transferred from another budget and not be a General Fund supplemental appropriation. Attached is a copv of the proposed budqet for the Joint Judicial Center for FY 93-94. The citv of Winchester is esti- matinq the countv's share to be $129.400. We have budqeted $145.000. Thev are requestinq that we consider capital requests for $107.000. To fund the capital request we would need a General Fund supplemental appropriation in the amount of $53.500.00. The committee recommends that this be tabled until the Board of supervisors tours the Joint Judicial Center on April 29, 1993. Request from Sheriff Bob Williamson to transfer funds in the amount of $21.150 to line item 3102-7000 for the purchase of computer equipment. no additional funds are needed. This request was part of the amended agenda and was approved under the consent agenda. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Beverly J. Sherwood, seconded by W. Harrington Smith, Jr., the board retired into executive session in accordance with the Code of Virqinia, 1950, as amended, section 2.1-344, Subsection A (3) and (7) to discuss acquisition and disposition of real estate and legal matters. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Beverly J. Sherwood, seconded by Robert M. Sager, the board withdrew from executive session. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Beverly J. Sherwood, seconded by Robert M. Sager, the board reconvened into regular session and 302 certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD MEMBER JAMES L. LONGERBEAM MAKES STATEMENT ON BEHALF OF BOARD CONCERNING COUNTY' S INTENTIONS OF BUILDING OFFICE IN DOWNTOWN AREA Mr. Longerbeam read the following statement: We as a board agree, in concept, with the latest proposal made by the City of Winchester, that being the City of winchester has agreed to extend the annexation moratorium until the year 2005, in return Frederick County would build the office building downtown. It would be the intent of Frederick County to build an office building downtown to accommodate the office needs for a minimum of a 20 year period. At this point we need to refine our cost figures and provide these numbers to the county residents. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the above statement was approved by the board on the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY JAMES L. LONGERBEAM, SECONDED BY W. HARRINGTON SMITH, JR., THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. --- Clerk,