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November 10, 1993 Regular Meeting 482 A Regular Meeting of the Frederick County Board of Supervi- sors was held on November 10, 1993, 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; 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 Ewart Wyle of the First Christian Church. ADOPTION OF AGENDA Mr. Riley asked the board to consider pulling tabs I and J. The board concurred. Mr. Riley stated that he had three items for the boards consideration. 1. The purchase of certain property. 2. Battlefield Fund Update. 3. Additional information concerning purchase of copier for the departments of Planning, Inspections and Fire and Rescue. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager the agenda was adopted as amended by the follow- ing 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 Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Office Hours for 1993 Holiday Season - Tab A; 2. Schedule Public Hearing for Planning Commission Items - Tab C; 3. Resolution from Economic Development Commission Re: Industrial Access Road - Tab F; 4. Activity Report - October 16-31, 1993 - Tab Q; 5. Parks and Recreation Commission Report - Tab R; 483 6. Public Works Committee Report - Tab S; Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., 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 Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD AWARD IS PRESENTED TO JOE LIZER FOR NOVEMBER. 1993 Mrs. Beverly Sherwood asked Mr. Joe Lizer to come forward at this time. Mr. & Mrs. Lizer were present to accept the board's award for the month of November, 1993, which was presented to them in appreciation for all Mr. Lizer's many contributions to the youth of Frederick County along with his business the Virginia Farm Market whiCh has been in operation for 16 years. CITIZEN COMMENT Mr. Kenneth Y. Stiles, Stonewall District, referred to an article that appeared in yesterdays edition of the Northern Virqinia DailV that told of a story about Shenandoah County losing a case in the virginia Supreme Court. The supreme Court ruled that Shenandoah County was liable for flood damage to homes from drainage easements. The drainage easements were in a subdivision that was built in the early 1970s. The procedure over the years has been for a developer to dedicate the right- of-way and the easements to the counties and then the county would guarantee those easements and rights-of-way to the state, which meant in many cases the county would retain ownership of the actual right-of-way of secondary roads, particularly in subdivisions and the drainage easements, yet has no control over the standards for drainage that was established. He further stated that he felt this could have a staggering impact on all counties and he suggested that the county attorney along with staff review this law suit and if necessary to petition the Supreme Court to rehear the case. OFFICE HOURS ESTABLISHED FOR 1993 CHRISTIIAS/BEW YEAR HOLIDAY - APPROVED UNDER CONSENT AGENDA 484 At this time it is not known if the Governor will be giving an) additional time off for the holidays, therefore county ofJices will be closed on Friday, December 24 and Friday, De('ember 31. DAVID W. GANSE APPOINTED TO THE BOARD OF BUILDING APPEALS Upon motion made by James L. Longerbeam, seconded by w. HaJrington Smith, Jr., David W. Ganse was appointed to the Board of Building Appeals, said term to commence on November 10, 19"3, and expire on November 10, 1998. The above motion was approved by the following recorded V01 e: 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 TERMS OF MEMBERSHIP ON TRANSPORTATION AND EXTENSION COMMIT- TEES WILL BE FOR FOUR YEARS AND STAGGERED Upon motion made by Robert M. Sager, seconded by James L. Lorgerbeam, the terms of membership on the county transportation an( extension committees will be for four years and will be st,'ggered. 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 W. HARRINGTON SMITH. JR.. REAPPOINTED TO THE COMMUNITY CORRECTIONS RESOURCES BOARD Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, W. Harrington Smith, Jr., was reappointed to the cOlllmunity Corrections Resources Board, said term to commence on December 31, 1993, and 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 Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 485 PLANNING COMMISSION ITEMS SCHEDUT.RIl FOR PUBLIC HF.ARING ON DECEMBER 8. 1993 - APPROVED UNDER CONSENT AGENDA BRENDA DI'F.HT.. GYPSY MOTH COORDINATOR PRESENTS ANNUAL REPORT TO THE BOARD Mrs. Brenda Diehl, gypsy moth coordinator, appeared before the board to present her annual report. She explained to the board how many acres would be included in the program and the total cost for administering this. Upon motion made by Beverly J. Sherwood, seconded by Charles W. Orndoff, Sr., the annual report submitted by Gypsy Moth Coordinator 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 REQUEST FROM SCHOOL SUPERINTENDENT RE: BUDGET ADJUSTMENTS FOR SALARY INCREASES DECEMBER 1. 1993 - APPROVED Mr. Riley presented the following information that had been received from Tom Malcolm, superintendent of Schools: The fOllowing budget adjustment is being requested from the board of supervisors in order that the scheduled increase in salaries may be implemented: Increase Revenue Estimates - Incentive Payment Transfers from Frederick county Bd. of Super. - School Debt Service Funds supplemental Approp. from Fred. Co. Bd. of Super. $116,314 Increase School Operating Fund Appropriations $100,000 $500.000 $716,314 $716,314 The additional amount of $113,145 to fund this salary increase will be absorbed within the 1993-94 School Operating Fund budget, if possible. If sufficient funds cannot be gener- ated through additional state funds (if ADM or sales taxes are greater than projected) or savings in expenditures, then a supplemental appropriation may need to be requested from the board of supervisors sometime this spring. As you know, we are already attempting to absorb the lease-purchase of five additional buses and hiring of five additional drivers at a cost of approximately $88,113 during this fiscal year. Upon motion made by Robert M. Sager, seconded by James L. Longerbeam, the above request 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 486 INDUSTRIAL ACCESS ROAD UNDER CONSENT AGENDA BLUE RIDGE INDUSTRIES - APPROVED WHEREAS, at the regular meeting of the Board of Supervisors fOJ the County of Frederick, Virginia held on the 10th day of No\ember, 1993; it was duly moved and seconded that the follow- inc resolution be adopted: WHEREAS, Blue Ridge Industries, Inc., owns property in the cOlnty of Frederick, constructed a manufacturing facility on the site in 1990, and has entered into a firm contract to expand its fa, i1ities on that property for the purpose of producing plastic pr,ducts; and WHEREAS, the 1990 Blue Ridge facility involved new capital in'estment of $1,594,000 in land, building and manufacturing eqlipment and employment of 75; and the expanded facility is eXI,ected to involve new capital investment in land, building, an' manufacturing equipment of approximately $1,441,000 is eXI'ected to employ an additional 25 persons at this site; and WHEREAS, the expanded operations to commence in late 1993; ant WHEREAS, K.T. Design and Prototype has entered into a cOltract for the construction and purchase of a 2,000 sq. ft. facility to house an expansion of its manufacturing facility; ant WHEREAS, the new capital investment in land, building and equ.ipment is approximately $120,000 and an employment increase of 2 persons is anticipated; and WHEREAS, the properties on which these facilities are lo(ated are adjacent to each other and have no public access to a I 'ublic street or highway and require the construction of a new ro,dway which will connect to state Route 1000 (Arbor ct.); and WHEREAS, the County of Frederick hereby guarantees that the ne(essary right of way for this new roadway and utility reloca- ti(ns or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; NOW, THEREFORE, BE IT RESOLVED THAT: The County of Freder- ic} hereby requests that the Commonwealth Transportation Board pr(vide Industrial Access Road funding to provide an adequate rOc,d to these expanded manufacturing facilities; and BE IT FURTHER RESOLVED THAT: The County Board of Supervi- SOlS hereby agrees that the new roadway so constructed will be adced to and become a part of the road system of the county of Fn'derick Secondary System of Highways. This resolution was approved by the following recorded vot e: 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 NATALIE CATHER MILLER. COMMISSIONER OF THE REVENUE AD- DRESSED BOARD Mrs. Miller stated that she was appearing before the board at this time to bring them up-to-date on the activities of her ofJice since August 2, 1993. She explained the data base in both the personal property and real estate files. She outlined 487 the areas where additional revenue has been received by the county. She stated that one of her goals was to have all taxpayers treated equally and equitability and fairly. She further stated that she was redesigning the personal property form for all items other than vehicles for 1994. She stated that various sections of the business license would be recom- mended for amendment and she was asking the board for their support and consideration for all items requested for change. She addressed the area of reassessment of the county that has been postponed. The reassessment that was planned to save the county $150,000 was a computer generated reassessment. She explained that according to Mr. otho Fraher, consultant hired by the county, a mass real restate appraiser normally appraises between 4 and 6,000 parcels per year. The personnel time that was estimated to be available from the real estate office was approximately one full time position. It was not conceivable that all of the 35,000 plus parcels in Frederick county could even have been looked at, let alone assessed in a proper manner. This reassessment had been planned as a drive by from the very beginning. She feels the landowners of Frederick County deserve much more than a computer generated, or drive by reassessment. She asked how much is a haphazard reassessment actually costing the county in which less than 20% of the parcels would be assessed properly. BATTLEFIELD FUNDING UPDATE Mr. Riley presented this information to the board noting that he has asked Mrs. June Wilmot, economic development direc- tor, and Mr. Bob Watkins, planning director, to provide certain information to the board concerning this. Mr. Watkins explained what funding could be made available to the county for this project. Mr. smith asked if our chances of funding would be better if this request was done jointly with the City of Winchester. Mrs. June wilmot, economic development director, appeared before the board and explained that the board should note the priorities with this project, get the most return on what the 488 co\nty wants and she feels that timing is the main problem at ths point and that the next ninety days should be utilized very calefully. Mr. Dick stated that he was made aware of this on November 4, and that he has talked with Mr. Kern of the City regarding thl ir interest in this matter. Upon motion made by W. Harrington Smith, Jr., seconded by Rolert M. Sager, the county staff is to pursue this and to seek Fer,eral and State funds in conjunction with the City of Wilchester. RESOLUTION APPROVING PURCHASE OF PROPERTY IN AREA OF COUNTY LANDFILL - APPROVED REQUEST TO PURCHASE NEW COPIER FOR USE IN THE DEPARTMENTS OF PLANNING. INSPECTIONS AND FIRE AND RESCUE - APPROVED Upon motion made by W. Harrington smith, Jr., seconded by Rol -ert M. Sager, the board hereby approves the purchase of a new COl,ier to be funded in the following manner: Planning Department Fire & Rescue Department - Public Works - To be funded by the board - $6,592 3,000 1,500 4,073 The above motion was approved by the following recorded VOl e: 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 PUBLIC HEARING: REOUEST FROM NORTHWESTERN WORKSHOP. INC. A NON-PROFIT VIRGINIA ORGANIZATION. TO BE DESIGNATED AS A CHARITABLE AND BENEVOLENT ORGANIZATION WITH THE CONTEXT OF SECTION 6(al 6 OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA - APPROVED Mr. Riley presented this information to the board. There was no public input. Upon motion made by Robert M. Sager, seconded by W. Halrington Smith, Jr., the following resolution was approved as pn.sented: WHEREAS, Northwestern Workshop, Inc., a non-profit organ- iz<\tion, has requested the Board of Supervisors of the County of Frederick, vir9inia, to support its request for the General Assembly to grant a tax exemption pursuant to Article X, S6 (a) (6) of the Constitution of Virginia for certain real property oWlled by said organization in the County of Frederick, and II 489 WHEREAS, on November 10, 1993, a public hearing was held by the Board of Supervisors after being properly advertised; and WHEREAS, the Board of Supervisors examined and considered the provisions of section 30-19.04 (B) of the Code of virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of supervi- sors of the County of Frederick, Virginia, hereby supports legislation, pursuant to Article X, S6 (a) (6) of the Constitu- tion of Virginia, to provide: 1. That they be classified and designated as a charitable and benevolent organization; and 2. That property owned by Northwestern Workshop, Inc. and used by it exclusively for charitable and benevolent purposes on a non-profit basis be determined to be exempt from taxation, state and local, including inheritance taxes. ADOPTED this 10th day of November, 1993. I, John R. Riley, Jr., Clerk of the Board of Supervisors for the County of Frederick, Virginia, hereby certify on this day of , 1993, that the above resolution is a true and exact copy of one and the same adopted by the Board of supervisors of the County of Frederick, Virginia, assembled in regular session on November 10, 1993. 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 AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 1. GENERAL PROVISIONS: ARTICLE II. ADOPTION OF CODE: BY THE ADDITION OF SECTION 1-8. GENERAL PENALTY: CONTINUING VIOLATIONS - APPROVED Upon motion made by W. Harrington smith, Jr., 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 Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 1, GENERAL PROVISIONS; ARTICLE II, ADOPTION OF CODE; BY THE ADDITION OF SECTION 1-8, GENERAL PENALTY; CONTINUING VIOLATIONS. BE IT ORDAINED, that Chapter 1, Article II of the Frederick County Code, is hereby amended by the creation of Section 1-8 to read as follows: S1-8. General Penalty; Continuing violations. A. Whenever in this Code or in any other ordinance of the county an act is prohibited or is made or declared to be unlaw- ful or an offense or misdemeanor, or the doing of any act is 490 rec !ired, or the failure, neglect or refusal to do any act is dec cared to be unlawful or an offense or misdemeanor, where no spEcific penalty is provided therefore, the violation of any such provision of this Code of such ordinance shall be punish- ab.e by a fine not exceeding two thousand five hundred dollars or imprisonment in the county jail not exceeding twelve months, or both such fine and imprisonment, provided, however, that such pelalties shall not exceed those penalties prescribed by the Coce of Virginia for like offenses. B. Each day any violation of this Code or of any other or' inance of the county shall continue shall constitute a seI'arate offense, except where otherwise provided. (For state law as to Authority of Board of Supervisors to Prtscribe Penalties for violation of Ordinance, see Code of vilginia, S15.1-505. As to Penalties for Misdemeanors, see Code of virginia., S18.2-11, 18.2-12. As to Ordinances Generally, sef Chapter 14, Ordinances, of this Code.) The above ordinance amendment 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 AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE IX. ASSESSMENT FOR LAW LIBRARY: SECTION 155-39. ASSESSMENT IMPOSED: TO INCREASE THE FEE ASSESSED FROM $2.00 TO $3.00 ON EACH CIVIL ACTION FILED IN FREDERICK COUNTY - PULLED (NO ADDITIONAL ASSESSMENT IS ALLOWED AT THIS TIME) AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE IVIII. ASSESSMENT FOR COURTHOUSE CONSTRUCTION. RENOVATION AND MAINTENANCE: SECTION 155-129. ASSESSMENT IMPOSED: TO INCREASE THE FEE ASSESSED FROM $2.00 TO $3.00 ON EACH CIVIL. CRIMINAL AND TRAFFIC ACTION FILED IN THE CIRCUIT OR DISTRICT COURTS OF FREDERICK COUNTY - PULLED (NO ADDITIONAL ASSESSMENT IS ALLOWED AT THIS TIME) AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: TO REPEAL ARTICLE XIV. GENERAL BUSINESS LICENSE PROVISIONS: ARTICLE XV. CLASSIFIED BUSINESS AND OCCUPATIONAL LICENSE PROVISIONS: AND ARTICLE XVI. SPECIAL LICENSE PROVISIONS AND REVISE AND READOPT ARTICLES XIV. XV AND XVI. THE AMENDMENT OF THESE ARTICLES WILL REVISE AND READOPT THE COUNTY' S BUSINESS LICENSE TAXATION - TABLED UNTIL NEXT MEETING CABLE TELEVISION ORDINANCE AND FRANCHISE AGREEMENT: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 6L. CABLE TELEVISION: TO REVOKE AND REPEAL THE EXISTING ORDINANCE IN ITS ENTIRETY AND READOPT A REVISED CHAPTER 61. CABLE TELEVISION FRANCHISE ORDINANCE - APPROVED A FRANCHISE AGREEMENT TO BE AWARDED TO ADELPHIA CABLE COMMUNICATIONS EXTENDING THE TERM OF THEIR CABLE TELEVISION FRANCHISE IN THE COUNTY FOR AN ADDITIONAL 15 YEARS - APPROVED Mr. Riley presented this information to the board. Mr. Doug Harold, local attorney, was present to answer any qUE'stions inasmuch as he had prepared this agreement. " I 491 There was no public input. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 61, CABLE TELEVISION; TO REVOKE AND REPEAL THE EXISTING ORDINANCE IN ITS ENTIRETY AND READOPT A REVISED CHAPTER 61, CABLE TELEVISION FRANCHISE ORDINANCE. BE IT ORDAINED, that Chapter 61, Cable Television is hereby revoked and repealed in its entirety and is revised and readopt- ed as Chapter 61, Cable Television Franchise Ordinance, to read according to the attached ordinance (copy on file). Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager the above ordinance amendment 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 Upon motion made by W. Harrington Smith, Jr., seconded by Charles w. orndoff, Sr., the franchise agreement was approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye JamesL. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Planninq Commission Businesss: Public Hearing: Rezoninq ADDlication #003-93 of Woodside Estates to Rezone 28+ Acres from RA (Rural Areas) to RP (Residential Perfor- mance). for Sinqle Familv Detached Houses. This Prooertv is Located west and Ad;acent to Double Church Road (Route 641l. Behind the Jameswav ShoDDinq Center. in the ODeQuon District. and is Identified as PIN 38-A-20 - Tabled for 60 Davs Mr. Kris Tierney, assistant planning director, presented this request to the board noting that the Planning Commission and staff recommended denial of this request. Mr. Bill Tisinger, local attorney, appeared before the board on behalf of Mr. Jim Bowman and Mr. Fred Glaize. He asked the board if this was the time to rezone this property and referenced the county comprehensive plan. He further made reference to the county urban plan and noted that this plan is within this plan, and the property does have water and sewer. Mr. Tisinger did address the area of proffers and what the applicant was prepared to do. 492 Mr. Dick asked whether or not you would be able to turn richt on Route 64!. Mr. Chuck Maddox, engineer with G. W. Clifford Associates, pr,sented slides at this time showing the area in question as we: 1 as views from Route 277 and the adjoining properties. Mr. Kenneth Wymer, owner of adjoining property is opposed to this request as he feels it will only add to the already bad tr,ffic situation that is in this area. Mr. Lawrence Fagg, area resident, feels this could have a dorino effect which concerns him along with the increased trc'ffic that would be dumped out onto Route 277 which is already a ),ad situation. He appreciates the situation that Mrs. Ritenour is in with having to pay real estate taxes on this pn 'perty, and asked if she could be given some sort of tax reo ief, but he too agrees with the planning commission and their relommendation that this be denied. Mr. John Stesel, resident of Route 64l, presented a peti- tic n with l34 signatures opposing this rezoning. He is opposed to this request as he feels the county already has too much de\elopment and all this development has lessen the quality of li1e for those living in the county. Mr. Dick questioned some of the signatures on the petition as they were not all residents of the county. Mr. Herbert Painter, resident of Route 64l has mixed eml,tions as he feels the roads cannot handle the traffic. He is aho concerned that water runoff could possibly cause the pond to overflow and if this is approved what additional problems cOlld come later. Mrs. Peggy Conner, daughter and Mr. Randy Ritenour son of Mr~. Ritenour appeared before the board to explain why their mOl her was making this request and ask the board to please consider all the facts and vote to approve this request. Mrs. Shirley Ritenour appeared before the board and ex- pIc! ined that she purchased this property thirty-f i ve years ago, but. her husband is deoeased and she oan no longer farm. She st,<ted that the last assessment raised her property value to 493 $173,700 and she just cannot afford the taxes any longer, therefore she feels she has no choice other than to sell the property. Mr. John Neff, property owner across from Mrs. Ritenour asked if there are any improvements scheduled at this time for Route 641. Mr. Maddox replied that none are in the form of proffers. Mr. Lynwood Ritter lives south of Mrs. Ritenour stated that he has no problem with this being single family, however he does not want any townhouses or apartments built in this area. Mrs. Loretta Wymer is not in favor of this rezoning feels the county needs to slow down as there is a lot that needs to be considered with regard to this request. Mr. Wayne White, asked about the upgrading of Route 277 as to when this was to take place as it was his understanding that this has been scheduled some time ago. He feels a study needs to be done on this and asked if a connecting road into the Meadows had been considered. Mr. Sager stated that he felt Route 277 needed to be upgraded before this could be done. Mr. Kenneth Y. Stiles, stonewall District, stated that he does not know Mrs. Ritenour and has nothing in this one way or the other, but this is in the urban development plan and the Planning Commission could be sued for some of the things they have said about this. Timing cannot be a consideration in this request. He further stated that impact on roads needs to be addressed before a decision is made. He further explained that if this is denied Mr. Bowman and Glaize will benefit the most, if it is not rezoned then Mrs. Ritenour will be the one that looses. Mrs. Lois White, adjoining property owner, stated that she can see both sides, the pros and cons, referred to the acreage that is already approved for development in this area. Mr. William Conner, III, grandson of Mrs. Ritenour, en- dorsed the rezoning of this property as it is called for in the urban plan. 494 Mr. Sager stated that he lives in this district and is very mu< h concerned about any increase in traffic and he has request- ed traffic count figures. Therefore he would move at this time fo} this request to be tabled for 60 days until this information al(ng with other information is made available. Mr. smith seconded this motion. Mr. Orndoff asked if this was the only property that Mrs. Ritenour owns. Mrs. Ritenour replied yes. Mr. Longerbeam asked if this property had always been in lal,d use. Mr. Ritenour replied yes. RECESS The board recessed at this time for five minutes. AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPl'ER 165. ZONING ORDINANCE. ARTICLE VI: RP RESIDENTIAL PERFORMANCE DISTRICT. THE PROPOSED AMENDMENTS PERTAIN TO THE OVERALL ALLOWABLE GROSS DENSITY FOR MULTIFAMILY HOUSING DEVELOP- MENTS - TABLED Mr. Evan Wyatt, planner II, presented this information to thf board and explained that staff would be working with the Top of Virginia on this. Mr. Sager asked about tract sizes of 10-25, 25-50, etc. wh;' t impact would this have. Mr. Wyatt explained how this would work. Mr. Smith asked about whether or not this would be grand- fa1hered. Mr. Wyatt replied no. If something was master planned and had received approval, his understanding was that the densities the' t had been approved would be vested. Mr. Smith stated that he felt this should be made very clfar. Mr. Kenneth Y. Stiles, Stonewall District, does not feel thjs does any particular damage, however he does disagree with thf intent section of the zoning ordinance 165-58C as it is stited. Master plans containing more than 50% mUlti-family hOl'sing types are allowed only when they adjoin similar uses or are properly separated from different uses, the inclusion of 495 more than 50% multi-family housing types must be stated in the preliminary master plan and requires specific approval of the planning commission and the board of supervisors. He explained that the intent of this section when it was written was to limit the use of multi-family to no more than 50% of a parcel unless the board specifically approved it. He further told the board that they did not have to approve whole parcels and total townhouses. Someone was asleep at the switch. The reason this ordinance was written the way it was written was so that a whole parcel would not develop mUlti-family unless the planning commission and board deemed it was an appropriate use of that parcel. This will certainly clarify the situation and make it easier to deal with. Mr. Longerbeam stated that he probably agreed with Mr. Stiles however, he feels the precedent was clearly set as Brookland Heights had set the tone for that area. He felt the best use of that land was for townhouses. Mr. Chuck Maddox, of G.W. Clifford Associates, stated that as a designer he has a problem with the 10-25 acre size. He feels the issue is density, perhaps more than diversity. Following discussion it was felt this needed more work. Upon motion by James L. Longerbeam, seconded by W. Harrington smith, Jr., this was referred back to staff for additional work with the Top of virginia and the Planning commission. 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 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- TABT.F.Tl Mr. Bob Watkins presented this information to the board noting that these had not been adjusted in eight years, and the planning commission had recommended approval. 496 Mr. Kenneth Y. Stiles, stonewall District, stated that this kelps coming up, and its a lemon. The process used for condi- ti<nal use permits and variances benefits the county and the puJ'lic. To ask someone who wants to put up an off premise sign th,t might cost $20 to pay a $250 fee is an absolute outrage. Thfre is no earthly reason to insist that these cost be born by thl people, when the county is requiring them to go through this precess in order that they might use their own property. Mr. Smith asked Mr. Watkins if there was a mistake on the fel for conditional use permits. Mr. Watkins replied no, that the committee had originally recommended $500. Mr. Longerbeam stated that he hated to play the roll of the de~'ils advocate, but he intended to agree with Mr. stiles with thf exception of minor site plan revision, which I feel is a rei',sonable approach, but I feel the other two are too high. ThErefore, he moved to table this matter at this time, and this be sent back to the planning commission for further study. Mr. Riley suggested that rather then send this back to the ph.nning commission, as he feels they have given this their best shf t, and the board feels it needs to be lowered then perhaps thE' board should go ahead and reduce the amount to a figure they feEl comfortable with. Mr. Watkins stated that he feels Board of Zoning Appeals sh, ,uld be higher than conditional use permits as he feels the valiance process is one of the most abused processes in the cOI,nty. Mr. Sager suggested that Cup's be $l25 and zoning appeals be $75. Mr. Longerbeam withdrew his earlier motion to table. Mr. Sager moved to approve the amounts that he suggested. Mr Smith seconded the motion. The above motion was denied by the following recorded vote: Richard G. Dick - Nay W. Harrington Smith, Jr. - Nay James L. Longerbeam - Nay Beverly J. Sherwood - Nay Robert M. Sager - Aye Charles W. Orndoff, Sr. - Nay 497 Mr. Smith moved to have the amounts set at $l25 for zoning appeals and $l25 for conditional use permits and leave site plans as they currently are. Mr. Sager seconded the motion. Mr. Orndoff stated that he felt the conditional use permits are too high. Mrs. Sherwood explained that she felt the conditional use process is not just for the applicant, but also for the protec- tion of surrounding land owners as well as the county, and for the petitioner to have to endure a large sum of money just to go through the process she feels is unreasonable. It benefits more than just one taxpayer. Mr. Smith stated that there certainly are a lot of counties that disagree with us, mainly Albermarle, Augusta, Clarke, Fauquier, Hanover, Henrico, etc. The above motion was denied by the following recorded vote: Richard G. Dick - Nay W. Harrington smith, Jr. - Aye James L. Longerbeam - Nay Beverly J. Sherwood - Nay Robert M. Sager - Aye Charles W. Orndoff, Sr. - Nay Mr. Longerbeam moved to table this request and send it back to the planning commission for reconsideration. Mr. Sager seconded the motion. 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 PARKINS MILL TREATMENT PLANT EXPANSION - DISCUSSED Mr. wyatt presented this information to the board noting that Mr. Wellington Jones, engineer/director, of the Sanitation Authority was present and would like to address the board. Mr. Wyatt explained that Mr. Jones would like to informally discuss an expansion request for Parkins Mill Wastewater Treat- ment Plant. The authority is currently trying to meet state and local requirements. He has site plans submitted, they are 498 cUJrently under review, the request is to upgrade the existing facility from a quarter of a million gallon per day to 2 mil- lien, and basically because there are public monies involved we feE I it is important for Mr. Jones to address the board. Mr. Jones appeared before the board and explained that the upe rade started back in 1990 and it was proposed at that time thE the plant be upgraded from the half million gallons per day to 2 million gallons per day. Since the project has been started it has evolved that once the Parkins Mill Plant is expanded the twe' lagoons that are currently on stephens Run will be closed. Th:s wastewater will be transferred from stephens Run to the pa}kins Mill Plant for processing there. Expansion will be from an existing capacity of 870,000 gallons a day to 2 million ga Ions a day when the plant is complete. The expansion plans ha'e been submitted to the health department and are currently be:ng reviewed, and he anticipated this review would be complet- ed by the end of December and the bidding will take place during thE winter with construction starting next Spring, and hopefully cOT'pleted by mid 1995. He explained that the project is about on. year behind from where they expected from when the project wa~ first started, that year delay was caused by the State Water Control Board, and not from a local level. The new facility wi~l pretty much mirror the facilities that are there now only they will be larger by a considerable amount and all will be cOI,structed within the existing treatment plant site. The treatment process will be built on the stream side of the plant, th.re have been some questions about the flood plain, and following study of this it was determined that the new facili- tiEs will cause an additional one (1) foot rise in a hundred yeir flood, which is acceptable. The plant has a current buffer zone of 300 feet, and the authority proposed retaining that buffer. Mr. Longerbeam asked if this stream allowed any further expansion. Mr. Jones replied that he believed so. 499 Mr. Longerbeam asked when the water system was scheduled to come on line. Mr. Jones replied in about a month. The plant is scheduled to start up around the loth of December, and will be dedicated on the 17th of December. Mr. smith asked about the water tank. Mr. Jones replied that the contract has been let and the contractor will be starting either in December or January, but he expects to have it built by June. Mr. Jones informed the board that the authority had applied for a Virginia Revolving Loan Fund for wastewater collection facilities along 522 south between Bufflick Heights and the Shenandoah Mobile Home Park. The application was approved and the project has been funded, or at least we have reached the funding list, they are reviewing the authorities finances at this time to see if the authority can go forward with the project. The authority is working hard to get this project in the ground in order that the existing residents along this road can be served. If the authority can go forward with this, they expect to have it designed during the first six months of next year and bid it late next FaIlor winter with construction in 1995. Mr. Orndoff asked if any sewer lines had been found for Brucetown yet. Mr. Jones replied no that he had not. BA'rrLEFIELD TASK FORCE JlISSION STATEMENT INFORMATION FOR BOARDS Mr. Watkins stated that this was being presented for the boards information as follows: The mission of the Frederick county-Winchester Battlefield Taskforce is to produce a strategic plan for a system of battlefields and other historic open space and sites to preserve the heritage of our community, to promote tourism and to provide educational opportunities. The plan should provide for the preservation and use of battlefield sites for educational purposes and to attract visitors from throughout the Nation and the World. It is also the mission of the Task Force to assist in carrying out the plan. ACTIVITY REPORT - OCTOBER 16-31. 1993. APPROVED UNDER CONSENT AGENDA 500 PARKS AND RECREATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA Parks & Recreation Commission met on october 26, 1993. Mer'bers Present were: Robert Roper, Robert Hartman, Charles Saldy, Jimmie Ellington, Carmen Rio, and Timothy Sandy. Submitted for Board Action: 1. Mr. Hockman moved to recommend that 49,200 be released fr<m the Opequon district impact fee fund to purchase player belches and bleachers for the new softball complex at Sherando pal~, seconded by Mr. Sandy, carried unanimously. Submitted for Information OnlY: 1. Mr. Rio moved to waive shelter fees for the Shawnee Girl Sc<'uts the week of June 28, 1993, in exchange for a community selvice project, seconded by Mr. Sandy, carried unanimously. 2. Request for Impact Fee Funds from Round Hill Fire COl'lpany - Mr. Doran informed the fire company that funds are no lor.ger available in the Back Creek District. 3. co-sponsored Youth Group Fee Waiver Request - Mr. Rio mo'ed to endorse fee waiver requests in the amount of $23,287 fOl youth co-sponsored leagues for the 1994-05 season, seconded by Mr. Sandy, carried unanimously. 4. Commission Finance Committee Report - Mr. Hartman moved th?t the staff revise its shelter fee structure imposing a mhimum fee of $25 for the smallest shelter at the parks and $75 fOl the largest shelter, prorating intermediate shelters, selonded by Mr. Rio. Motion carried (5-1) Roper opposed) PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Thursday, November 4, 19'3, at 7:30 a.m. Present were board members Charles W. Ondoff, Sr. and W. Harrington smith, Jr.; committee members Jales T. Wilson, Dudley Rinker and Karen Kober; County Adminis- tntor John R. Riley, Jr. and Director of Public Works, Harvey E. strawsnyder, Jr., P.E. The following items were discussed: ***ITEMS REOUIRING ACTION*** 1. Pronertv Buffer We have been approached by several Clarke County rehidents with an offer of a permanent property buffer in exchange for a commitment from Frederick County, the City of Winchester and Clarke County not to develop land in Clarke County as a sanitary landfill. This offer was submitted to Mr. Bar Mitchell representing Clarke County, who in turn, forwarded it to us for our review. Basically, the property owners will deLicate a permanent buffer which cannot be developed. This bujfer will range from 750 to 900 feet from the Opequon Creek whJch basically represents the property boundary of the current laJ,dfill property. In exchange, the property owners are re- qUf,sting that the above named jurisdictions agree to dedicate a sir\ilar buffer on any existing or future property that we own or wi}l own. Also, they want a stipulation that any land that we own or will own will never be developed as a sanitary landfill. Harrington Smith made a motion to endorse this agree- mert. The motion was seconded by Charles Orndoff and unanimous- ly approved. Copies of the draft documents have been attached fOl the Board's review. Final documents including the 501 appropriate dedication plats will be prepared if the Board endorses the concept of the agreement. 2. Tinnina Fee Increases A tipping fee increase of $4.00 per ton was recommend- ed by the Public Works Director. The attached cost analysis provides a detailed justification for this increase. Dudley Rinker made a motion to recommend the increase with a stipula- tion that a separate enterprise fund be established for the closure and post-closure cost items. Harrington Smith seconded the motion. The vote was unanimously approved. Subject to the Board's approval, the committee recom- mends that the commercial rate increase from $32 to $36 be scheduled for a public hearing on December 8, 1993. 3. Landfill Aareement After reviewing a final draft of the landfill agree- ment and making a few minor modifications, a motion was made by Dudley Rinker and seconded by Karen Kober to approve the agree- ment subject to the inclusion of the modifications. The motion was unanimously approved. The minor modifications have been included in the attached agreement. If the Board approves the agreement, it will be sent to Clarke County and the City of Winchester for their execution. Draft copies have already been sent to these jurisdictions for their review. ***ITEMS NOT REQUIRING ACTION*** 1. New S.P.C.A. Chanaes As a result of our October committee and Board meet- ings, the Public Works Director was tasked with the responsibil- ity of negotiating with the S.P.C.A. to reduce the proposed rates for cats. We are currently paying $3.00 per cat. The S.P.C.A. had proposed $10.00 per cat, effective November 1, 1993. A letter from the Public Works Director dated October 20, 1993, offered to increase the rate from $3.00 to $7.00 per cat effective July 1, 1994, to coincide with the budget cycle. The reply to this letter from the S.P.C.A. is attached. Basically, they have offered to lower their proposed rate from $10.00 to $7.00 until July 1, 1995, when it will increase to $10.00. As a result of this reply, the committee requested that the PUblic Works Director prepare a detailed estimate of the capital and operation and maintenance costs required to accommo- date cats at our shelter. This estimate will be presented at the December committee meeting. 2. Xiscellaneous ReDOrts various reports were submitted to the committee for their information (see Attachments 5, 6, and 7). BOARD COMMENT Mr. Dick stated that November 14-20 is American Education Week and he asked each board member to stop by one of the schools in your district and say "thank you" to the educators. BOARD RETIRED INTO EXECUTIVE SESSION 502 Upon motion made by w. Harrington smith; Jr., seconded by Ch,rles w. Orndoff, Sr., the board retired into executive sef;ion in accordance with the Code of Virainia, 1950, as amfnded, section 2.1-344, Subsection A(l) and (7) to discuss Pelsonnel and Legal Matters. The above motion was approved by the following recorded VOi8: 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. This 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 RECONVENED INTO REGULAR SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by Rot .ert M. Sager, the aboard reconvened into regular session and cel:ified nothing other than what was noted as reason for going in10 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 DEPAR'l'HENT BEAD EVALUATIONS APPROVED Upon motion made by James L. Longerbeam, seconded by W. Halrington Smith, Jr., the evaluations of Darnley Hodge, Joseph Wa'ker, and Robert Watkins were approved by the following re(orded 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 503 UPON MOTION MADE BY 11. BARRDlG'l'ON SKITS, JR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FDR'1'HER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. 4"_"""''''~C~-~fl''~''''''' . ~ 1S0rs