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August 11, 1993 Regular Meeting 3'77 A Regular Meeting of the Frederick County Board of Supervi- sors was held on August 11, 1993, at 7:15 P.M., in the Board of Supervisors' 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. Sageri Beverly J. Sherwood and Charles W. Orndoff, Sr. C1\ ToT, TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend J. William Hough, United Methodist Church. ADOPTION OF AGENDA Mr. Riley stated that he had the following amendments: 1. Resolution for Mobil corporation. 2. Commissioner of the Revenue to address the board. 3. Shawnee land utility Water system update. 4. The request under Law Enforcement and Courts Committee from the Sheriff for mobile radios was to be pulled. Mrs. Sherwood stated that she felt the request from the summit, concerning the Sheriff's Department patrolling the roads within that SUbdivision, should be sent back to committee for further discussion. The board members concurred. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the agenda was adopted 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 Mr. Riley suggested the fOllowing tabs be approved under consent agenda: 1. correspondence and Resolution from John Hood, Winchester and Western Railroad Company, Re: itation of Rail Line - Tab Fi Manager, Rehabil- 2. Negleyland SUbdivision Request - Tab Pi 378 3. Memorandum Re: Laurelwood Drive - Tab Qi 4. Memorandum Re: Historic Plaque Final Design - Tab Ri 5. Memorandum and Resolution Re: virginia Growth strate- gies Act - Tab Si 6. commuting Report - Tab Ui 7. Activity Report - July l-3l, 1993 - Tab Vi 8. Code and Ordinance Committee Report - Tab Yi 9. Law Enforcement and Court Committee Report - Tab Zi 10. Personnel Committee Report - Tab Zli 11. Finance Committee Report - Tab Z2i and l2. Miscellaneous Correspondence - Tab Z3. 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 Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye EMPLOYEE OF THE :MONTH AWARD Mr. Longerbeam asked Mr. Kenneth Lloyd of the county Parks and Recreation Department to come forward at this time. Mr. Lloyd accepted his award and thanked the board for this recognition. CITIZEN COMMENTS Mr. Donald Luttrell, Gainesboro District, appeared before the board, at which time he expressed his displeasure with recent actions of the board chairman, and certain meetings he has held in secret, along with his selection of certain sites for the county administration building. :MINUTES APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Beverly J. Sherwood, the minutes of the regular meeting of July 14, 1993, were approved as submitted by the following recorded vote: RiChard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye 379 :MA'.l-.l'HIDf RITTER. STUDENT REPRESENTATIVE. IS INTRODUCED TO BOARD :ME:MBERS Mr. Dick stated that he would like to introduce to the - board members Matthew Ritter who was selected by his peers to represent them on the school board. Matthew is a rising senior at Sherando High School. Matthew thanked the board for inviting him to the meeting and that he was looking forward to working with the school board as the student representative. JANET CARBAUGH. REAPPOINTED TO THE LORD FAIRFAX EMERGENCY :MEDICAL SERVICES COUNCIL Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., Janet Carbaugh was reappointed to the Lord Fairfax Emergency Medical Services Council for a three year term, said term to expire on June 30, 1996. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BESSIE SOLENBERGER APPOINTED TO HISTORIC RESOURCES ADVISORY BOARD TO FILL UNEXPIRED TERM: OF LORI :MOLDEN Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Bessie Solenberger was appointed to the Histor- ic Resources Advisory Board filling the unexpired term of Lori Molden, said term to expire on September 13, 1996. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye C. ROBERT SOLENBERGER REAPPOINTED TO THE FREDERICK- WINCHESTER SERVICE AUTHORITY Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith., Jr. C. Robert Solenberger was reappointed to the Frederick-Winchester Service Authority for a three year term, said term to expire August 3l, 1996. 380 The above motion was approved by the following recorded ote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye ROBERT N. CARPENTER APPOINTED TO FRRnERICK-WINCHESTER SERVICE AUTHORITY Upon motion made by Charles W. Orndoff, Sr., seconded by ames L. Longerbeam, Robert N. carpenter was appointed to the rederick-Winchester Service Authority to fill the unexpired erm of James H. Diehl, who recently passed away, said term to on August 31, 1993. Mr. Carpenter's term will expire 31, 1996. The above motion was approved by the following recorded Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye WILLIAM H. VANHORSSEN NOMINATED TO SCHOOL BOARD AS REPRE- SENTATIVE FROM BACK CREEK DISTRICT Mr. James Longerbeam introduced to the board members, Mr. illiam H. VanHorssen, his nominee for the school board from Back Creek District. Mr. VanHorssen stood at this time to be recognized. A public hearing on Mr. VanHorssen's nomination will be held at the board meeting on september 8. PRESENTATION OF SERVICE AWARD FROM LORD FAIRFAX PLANNING DISTRICT COMMISSION IS AWARDED TO ED STRAWSNYDER Mr. Tom Christoffel and Mrs. Joyce Shull, representing the Lord Fairfax Planning District Commission, appeared before the board, at which time they presented the commission's service award to Ed Strawsnyder for his participation on the Solid Waste Management Technical Committee, and for his role in providing the technical expertise required for successful implementation of regional solid waste reduction strategies. AMENDMENT TO RESOLUTION - INDUSTRIAL ACCESS ROAD - MOBIL CORPORATION 381 WHEREAS, at the regular meeting of the Board of Supervisors for the county of Frederick, Virginia held on the 11th day of August, 1993, it was duly moved and seconded that the following amendment be added to the Board's resolution dated April 28, 1993 regarding Industrial Access Road funding for Mobil Corpora- - tion: NOW, THEREFORE, BE IT RESOLVED THAT: The Frederick County Board of Supervisors hereby requests that the Commonwealth Transportation Board provided Industrial Access Road funding to provide an adequate road to this property. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the above resolution 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye COMMISSIONER OF THE REVENUE NATALIE CATHER KILLER ADDRESSED BOARD Mrs. Natalie Cather Miller, commissioner of the revenue, appeared before the board and read from a prepared statement, her reply to various comments that had appeared in the press concerning her recent appointment to the office of the Commis- sioner of the Revenue. Mrs. Miller noted her educational achievements as well as her many community affiliations and employment record. She quoted the section from the state code that spells out that the Board of Assessors are responsible for the reassessment and not her office. She further stated that she feels she is fully qualified to run the commissioner's office and plans to do exactly that. BOARD IS APPRAISED OF CENTRAL WATER SYSTEM IN SHAWNEELABD Mr. Riley, by way of a section of deteriorating pipe from a water line taken from the central water line in Shawnee land along with jugs of water samples, pointed out to the board members exactly how bad this water system is. He further stated that this situation has gone on for so many years and the owner, Mr. Don Lamborne, has done little or nothing to correct this problem and he feels the citizens of Shawneeland are entitled to a water system that they can depend on, especially since they do pay for this utility. 382 Mr. Longerbeam stated that his position is that the owner of this water system needs to make this problem right, and be in compliance with the law. Mr. Dick stated that this is not a new problem, and that something has to be done to correct it. Mr. Riley explained that the board could authorize him to get in touch with the state and report back to the board as to what their options are. Mrs. Sherwood asked if the water had been tested. Mr. Dick stated that it was his understanding that the iron is a little high, but otherwise it is okay. Mr. Smith asked if this system is condemned by the state, would the Sanitation Authority then take the system over. Mr. Riley replied that he thought so, but he would have to check on that. He stated that there is fourteen miles of this water line and fifty citizens that are currently using it. Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff; Sr., John Riley was authorized to contact the appropriate state office and arrange a meeting or whatever is deemed necessary in order that this situation might be corrected in a timely manner. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Public Hearing: RESOLUTION FROM WINCHESTER AND WESTERN RAILROAD COMPANY RE: REHABILITATION OF RAIL LINES - 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 $81,000 and the improvement projects are estimated to cost $2,121,744; and WHEREAS, the 1993 General Assembly, through enactment of Chapter 994, Item 525.3, provided funding for the acquisition, lease or improvement of railways within the Rail Industrial Access Program budget; and 383 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 provided by Chapter 994, Item 525.3; 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 $2,202,744 in FREDERICK COUNTY and THE CITY OF WINCHESTER. THE SALE OF COUNTY OWNED PROPERTY LOCATED IN THE SHAWNEE- LAND SANITARY DISTRICT. DESCRIBED AS LOT 29. SECTION 10. LYING AND BEING SITUATE IN THE BACK CREEK MAGISTERIAL DISTRICT. COUNTY OF FREDERICK. STATE 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 James L. Longerbeam, the above public hearing notice is hereby approved to be advertised "For Sale" with the county having the right to refuse all and any bids. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye THE SALE OF COUNTY OWNED PROPERTY LOCATED OFF OF ROUTE 751 (FORMERLY KNOWN AS OLD ROUTE 50). IN GORE. VIRGINIA. BACK CREEK MAGISTERIAL DISTRICT. CONSISTING OF APPROXIMATELY 6.826 ACRES AND OLD SCHOOL BUILDING (FORMERLY KNOWN AS GORE SCHOOL AND DESCRIBED AS PARCELS RAR AND RBW) - APPROVED FOR ADVERTISEMENT Mr. T. G. Adams, Back Creek District, appeared before the board to express his concerns as to whether or not this property should be sold. He felt perhaps the county could utilize this facility as an elementary school, with some renovations of course, or perhaps Parks and Recreation could use it for some of their programs. Because of the septic system, he didn't feel it would be of much use to anyone else. He just wanted to make 384 sure that the county had researched all avenues before fully making up their minds to sell the property. Mr. Kenneth Y. stiles, stonewall District, stated that he felt the board should look at all areas of this property and what it could possibly be used for before selling it. He felt the previous board, of whom he was chairman, made a mistake when they let the school board talk them into closing this school. The people of this area were told at that time that the building would remain open for those living in the area. He felt the board needed to look into possibly opening this building to be used once again as a school. He further stated that due to how the property is zoned and with the current septic system it would not be cost effective for someone other than the county to think about using this property for something else. Mr. Donald Luttrell, Gainesboro District, asked the board if any thought had been given to asking the citizens of Gore what they felt should be done with the property. Mr. Riley explained to the board that the county has the right to refuse all and any bids. Upon motion made by James L. Longerbeam, seconded by w. Harrington Smith, Jr., the county administrator is hereby authorized to proceed with advertising the property known as the Gore School "For Sale" and depending on what interest is shown, if any, the board will proceed from there. Mrs. Sherwood stated that she felt this needs to be revis- ited, to see if possibly there is a use for the property. Mr. Orndoff stated that he had had a lot of calls about this, perhaps some thought needs to be given to maybe opening it up to be used once again as a school. Mr. Dick stated that he had contacted Parks and Recreation as well as the Shenandoah Area Agency on Aging, but they were not interested for various reasons, such as location and after cost figures were studied they felt it would not be cost effec- tive. Following board discussion, it was their consensus that they would proceed with the advertisement to accept bids on this 1_... 385 property, and this would be an indication to them whether or not there is any interest with the general public in purchasing this property. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye REZONING APPLICATION #001-93 OF DODSON BROTHERS EXTERMINA- TION CO. . INC. TO REZONE 2.0581 ACRES FROM RP (RESIDENTIAL PERFORMANCE) TO B-2 (BUSINESS GENERAL). THIS PROPERTY IS LOCATED NORTH AND ADJACENT TO SHAWNEE DRIVE. EAST OF ROUTE 11 (VALLEY PIKE) ROUTE 652 (SHAWNEE DRIVE) INTERSECTION. IN THE SHAWNEE DISTRICT. AND IS IDENTIFIED AS PIN 63-A-112 - APPROVED Mr. Kris Tierney, assistant planning director, presented this information to the board noting that staff and Planning Commission recommended approval. It was noted by Mr. Smith that this was not in Shawnee District as is shown on the information page, but in Back Creek District. Mr. Thomas Clark, adjoining property owner, appeared before the board to say that he was not opposed to this request, but he did have a concern about whether or not any chemicals from this operation might leak into his artesian spring. Mr. Chuck Maddox, engineer with G. W. Clifford Associates, appeared before the board on behalf of this request. He re- fer red Mr. Clarke's question to Mr. Eric Smith, of the Dodson Brothers Home Office in Lynchburg, who was present. Mr. Smith explained that no chemicals are discharged down drains, as this is prohibited by law. He further explained how the chemicals are used and the process that his company uses to make sure that the chemicals are mixed and disposed of in the proper manner. He did note that only a small amount of pesti- cide is kept at the location. Mr. Donald Luttrell, Gainesboro District, asked if this rezoning request was approved would Mr. Clark be guaranteed that this business would not affect his taxes now or in the future. 386 Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the rezoning application #001-93 of Dodson Brothers Extermination Co., Inc. to rezone 2.0581 acres from RP to B-2 was approved by the fOllowing recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CONDITIONAL USE PERMIT 1002-93 OF RYLAND HOMES FOR AN OFF PREMISE BUSINESS SIGN. THIS SIGN WILL BE ON PROPERTY LOCATED ON THE WEST SIDE OF ROUTE 647 (AYLOR ROADl. AT THE INTERSECTION OF WESTMORELAND DRIVE. IN THE OPEOUON DIS- TRICT. AND IDENTIFIED AS PIN 75-A-37 - APPROVED WITH CONDITION Mr. Wayne Miller, zoning administrator, presented this request to the board noting that the Planning commission recom- mended approval with conditions. Mr. Frank Funk, who owns the lot that that adjoins where Ryland Homes wants to put this sign, is opposed to this request as he does not want this sign blocking his view should he decide to build on his lot. Ms. Michelle Busby, representative of Ryland Homes, ap- peared before the board to answer any questions the board might have. Mr. Sager stated that he has spoken to Mr. Funk about his concerns and he asked Ms. Busby if there is not another location suited for this sign, especially if Mr. Funk decides to build on his lot, as he feels this will definitely take away from Mr. Funks property. Ms. Busby stated that her company should be finished in this area within the next year, and the sign would no longer be needed. Mr. Longerbeam stated that he felt the situation would correct itself as the sign has been there for sometime. Mr. Miller explained that the board does have some options available to them on this request. Upon motion made by Robert M. Sager, seconded by James L. Longerbeam, conditional use permit #002-93 of Ryland Homes for an Off Premise Business Sign was approved with the understanding 387 that should Mr. Funk build his house before the sign is moved then the sign will be removed or relocated if need be. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CONDITIONAL USE PERMIT #008-93 OF THOMAS A JANNUZZI FOR A COTTAGE OCCUPATION TO OPERATE AN ADULT CARE FACILITY. THIS PROPERTY IS LOCATED IN THE CEDAR GROVE AREA. OFF ROUTE 715 (LITTLE MOUNTAIN CHURCH ROAD). IN THE GAINESBORO DISTRICT. AND IS IDENTIFIED AS PIN 31-A-11B - APPROVED Mr. Miller presented this request to the board noting that the Planning Commission had recommended denial, however, the staff had recommended approval. Mr. Jannuzzi appeared before the board to explain what he planned to do with this facility and to answer any questions the board might have. He stated that he has lived in the county since 1975 and he feels there is a definite need for a facility of this type and that the county allows anyone to have three elderly persons within their home without any type of permit. He further stated that not all of his neighbors are opposed to this application. Ms. Carol Place, county citizen, appeared before the board to oppose this request. She noted that she was present on behalf of the previous owner, Mrs. Leona Kirk, and read from a prepared statement, wherein Ms. Kirk opposed this request for various reasons. Ms. Place stated that she too was opposed to this request as she did not feel it was the appropriate location for a business such as this, especially with the roads, they were not built to handle emergency vehicles or the increased traffic that would be caused by a facility such as this. Mr. Louis J. McGuiness, adjoining property owner, appeared before the board to oppose this request, and noted those proper- ty owners that were also opposed to this CUP. Mr. Robert Moss, neighbor, opposed this request as he felt access to the property should be a major concern. 388 Mr. Fremont Place, neighbor, explained that it was hard to see the sign that had been placed at this location by the Planning Department, he feels it should have been located in an area where more citizens could have seen it, and he was also concerned about the right-of-way. Mrs. Sherwood stated that she wanted to be sure that everyone understood all areas of this request. Mrs. Sherwood moved for denial of conditional use permit #008-93 of Thomas A. Jannuzzi for a cottage occupation to operate an adult care facility. This motion died for lack of a second. Mr. smith moved to approve and Mr. Orndoff seconded the motion. Mrs. Sherwood stated that having five individuals in an adult care facility will increase the traffic, and she does not feel this is the correct setting for a facility such as this, there will be an impact. Mr. Longerbeam stated that he has visited the site and he feels that it is the ideal setting for such a facility, but he would move for the addition of a one year renewal, and that way the site can be visited and if it is causing problems then the board can address them at that time. Mr. smith seconded this motion. The above motion to amend the earlier motion to include a one year renewal was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Nay Charles W. Orndoff, Sr. - Aye The amended motion to add a one year renewal was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Nay Charles W. Orndoff, Sr. - Aye AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPl'ER 165. ZONING. ARTICLE XX. DEFINITIONS. THE PROPOSED AMENDMENTS PERTAIN TO DEFINITIONS FOR INOPERABLE MOTOR VEHICLES AND MOBILE HOMES - APPROVED 3'89 WHEREAS, An ordinance to amend Chapter 165, zoning, of the Frederick County Code, Article XX, Definitions was referred to the Planning Commission on July 7, 1993; and, WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on July 7, 1993; and, WHEREAS, the Board of supervisors held a public hearing on this ordinance adoption on August 11, 1993; 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 XX, Definitions, is amended as described on the follow- ing attachment. AMENDMENT TO CHAPTER 165, ZONING ORDINANCE, OF THE FREDERICK COUNTY CODE ARTICLE XX. DEFINITIONS Inoperable Motor Vehicles - Any motor vehicle which is not in operating condition, or any vehicle which has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. Mobile Home - A structure, transportable in one (1) or more sections, which in travel mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet and which is built in a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities This ordinance shall be in effect upon its passage. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, and passed by the following recorded vote the above ordinance amendment was approved: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BRIAR WOOD (FORMERLY GREENWOOD ROAD REALTY PARTNERSHIP) KASTER DEVELOPMENT PLAN - APPROVED Mr. Kris Tierney presented this request to the board noting that both staff and Planning Commission recommended approval. Mr. Longerbeam asked about the set back. Mr. H. M. Brooks, representing Orrick cemetery, appeared before the board to express their concerns about how this would 390 effect the water flow from this project. He is asking that this be addressed in the plan, as he has been told by the highway department that they have no control over this. Mr. Bruce Edens, local surveyor, appeared before the board and explained that this development is downstream from Orrick Cemetery, therefore, it will not be effected by this develop- ment. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington smith, Jr., Briarwood Master Development Plan was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye ROAD PLAN - HILLSDALE ESTATES - REFERRED TO TRANSPORTATION COMMITTEE FOR THEIR REVIEW AND RECOMMENDATION Mr. Tierney presented this request to the board. Mr. Smith explained that he was concerned as to how many houses would be effected by this plan. Mr. Chuck Maddox, engineer with G.W. Clifford Associates, explained to the board that various options had been looked at, and by way of slides, explained to the board members what their recommendation was for this project. Mr. Orndoff asked who would be paying for this road. Mr. Maddox replied that there were various options avail- able, proffers, etc. Mr. Orndoff asked about the individual whose home would be taken, if this particular route is approved. Mr. Maddox stated that this would be done through condemna- tion. Mr. Clinton Ritter, local attorney, representing Norman Garrison, appeared before the board on behalf of Mr. Garrison to explain that the road mentioned would go through Mr. Garrison's farm as it is currently planned. He asked that this be tabled until staff can meet with Mr. Garrison and see what can be worked out, for as it currently stands Mr. Garrison would have 391 three acres landlocked. He also asked if there were any other options available. Mr. smith asked Mr. Garrison if he was opposed to the road at this particular location, or that he did not want the road at all. Mr. Sager stated that he felt this should go to the county Transportation Committee for their review and recommendation. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, this request was tabled at this time and forwarded to the county Transportation committee for their review and recommendation. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye HILLSDALE ESTATES MASTER DEVELOPMENT PLAN #003-93 - AP- PROVED Mr. Tierney presented this request to the board. Mr. smith asked about the cul-de-sac on the williams property, and whether or not this could be changed. Mr. Maddox replied that was an oversight, and no land would be taken from Mr. Williams. Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, the Hillsdale Estate Master Development Plan was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. orndoff, Sr. - Aye NEGLEYLAND SUBDIVISION REOUEST - APPROVED UNDER CONSENT AGENDA LAURELWOOD DRIVE MEMORANDUM: - APPROVED UNDER CONSENT AGENDA Fire & Rescue personnel discovered that Laurelwood Drive was assigned to two roads in the Shawnee Magisterial District. It was determined that the road named Laurelwood Drive in the Oakdale crossing subdivision affected the last number of 392 property owners. staff has met with representatives of this development to correct this situation. The representatives of this development have suggested that Laurelwood drive be renamed Fairfield Drive. Fairfield Drive is an available name and has been reserved by staff pending final disposition by the board of supervisors. HISTORIC PLAQUE FINAL DESIGN - APPROVED UNDER CONSENT AGENDA The final design for the historic plaque based on the design contest, first place design was included in the board agenda for their review. VIRGINIA GROWTH STRATEGIES ACT - APPROVED UNDER CONSENT AGENDA VIRGINIA GROWTH STRATEGIES ACT RESOLUTION WHEREAS, the population of Frederick County, Virginia, is growing at a significant rate; and WHEREAS, the Frederick County Board of supervisors is continuing to plan for well managed growth in the community; and WHEREAS , to support the most effective the Frederick County Board of Supervisors wishes prerogatives of the community to determine the means to plan for and manage growth. THEREFORE, BE IT RESOLVED THAT, the Frederick County Board of Supervisors supports the proposals in the drafted Virginia Growth Strategies Act that would provide for improved strategic planning at the statewide level and for improved coordination among state agencies that are involved with growth issues. FURTHER BE IT RESOLVED THAT, the Frederick county Board of supervisors does not support portions of the draft act which would require scrutiny of local planning efforts by state agencies; FURTHER BE IT RESOLVED THAT, the Act needs to provide for improved coordination of planning at the regional level and for improved tools that local governments can use to manage growth. CORRIDOR H ADVISORY COMMITTEE - ROBERT WATKINS APPOINTED TO THIS COMMITTEE Mr. Riley suggested that a planning staff member be ap- pointed to serve on this committee. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Robert Watkins, planning director, was appoint- ed to this committee by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye COMMUTING REPORT - APPROVED UNDER CONSENT AGENDA 393 This report was compiled by Lanny Bise, Planner I, of the Planning Department. Some of the significant findings are as follows: The number of people commuting out of the Frederick Coun- ty/Winchester area increased significantly between 1980 and 1990, especially in terms of commuting to the northern Virginia suburbs. However, the percentage of the total workforce that could be determined to live and work locally did not change signifi- cantly. We continue to provide employment for a steady propor- tion of our worker. At the same time, the number of people commuting into our community to work from other areas has increased significantly. ACTIVITY REPORT AGENDA JULY 1-31. 1993 APPROVED UNDER CONSENT SUPPLEMENTS TO CONSTITUTIONAL OFFICERS REPORT - APPROVED Mr. Riley presented this report to the board. The committee to study Constitutional Officers' supplements met twice to discuss the supplements given to Constitutional Officers. It was not the charge of the committee to discuss supplements to employees of Constitutional Officers. (See Attached) Commonwealth's Attornev Funding Pursuant to the attached report, the committee recommends that a formalized agreement be adopted outlining the duties to be performed by the Commonwealth's Attorney as County Attorney. The committee felt compensation was adequate based upon services received. Sheriff and Treasurer Fundinq The committee discussed at its first meeting the feasi- bility of reducing the supplement given to the Sheriff and Treasurer, (Commissioner of the Revenue, and Clerk of the Circuit Court are not in the county's merit system), as raises from the Commonwealth become available. This process would allow for a gradual phasing out of this portion of local fund- ing. The County Administrator collected additional information on Constitutional Officers' supplements to Constitutional Officers' throughout the Commonwealth (attached). Mr. Riley felt that a compromise could be reached that may benefit all concerned. Recently, the State Compensation Board has considered Treasurer and Commissioner of the Revenue and Sheriff more function of local government rather than a state function. the Board of supervisors knows, funding for Constitutional Office operating budgets by the Compensation Board has declined over the years based upon the previously mentioned philosophy. the of a As Recognizing the independence of the Constitutional Officers "vis a vis" elected by the people accountable only to the people, lines of accountability and cooperation with the Board of supervisors and County Administrator could be strengthened through participation in the county's merit pay plan. Promoting a teamwork concept and having all employees under the same umbrella (personnel policies and pay plan) streamlines the efficiency of local government. 394 with the above mentioned idea in mind the following may merit consideration: COLA supplements would be provided to Constitutional Officers participating in the county's merit system when no raises are forthcoming from the Commonwealth. COLA supplements would not be automatic to a Constitutional -Officer successor. Mr. Longerbeam explained about the meetings that were held for discussion of these supplements and how the committee arrived at their recommendation. Mr. Riley stated that the Clerk of the Circuit Court Office has never been in the system, and further that the Commissioner of the Revenue Office is not currently in the system. Mr. Orndoff stated that he had contacted the Commonwealth Attorney to ask if he could discuss this matter without being in conflict, and the Commonwealth Attorney advised him he could. Mr. Dick stated that he feels it boils down to the princi- pIe of the matter, as these individuals were elected to these offices by the people of Frederick County at a particular salary and he feels that is what they should be paid, nothing more, nothing less. Mr. Longerbeam suggested that we leave the plan as it currently is and that the supplement would no longer be paid following the next election of either one of these two offices. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the Constitutional Officer's, Treasurer and Sheriff supplements paid by the county will remain as they are for the present time, however, if this individual is re- elected in the next election, or whomever their successor might be, their salary from the State Compensation Board is all they will receive and the current supplement that is being paid by the county will cease. The above motion was approved unanimously(6-Q PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff presented this report. The Public Works Committee met on Tuesday, August 3, 1993, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; committee members Karen Kober, Dudley H. Rinker and James T. wilson; and Director of PUblic Works Harvey E. Strawsnyder, Jr., P.E. The following items were discussed: 1. Limitinq Operational Hours of Compactor sites 395 ' Frederick County is continuing to experience illegal dumping at the compactor and container sites throughout the county. To curb this illegal dumping and reduce the cost impact on the citizens of Frederick County, the Public Works Director recommended that the sites be completely fenced and the hours of operation limited to a maximum of 48 hours per week. Each site will be manned by an attendant during the hours of operation. A motion was made by Dudley Rinker and seconded by Harrington smith to limit the hours of operation of the compactor and container sites. The motion was unanimously approved. It should be noted that limiting the hours of operation at each site will be implemented on a gradual basis commencing with the Greenwood Firehall site. Appropriate notices will be posted at each site at least two (2) weeks prior to restricting the hours of operation. A draft of the landfill agreement has been submitted to the City of Winchester for their review and com- ment. We expect a reply on or before August 13, 1993. Any comments will be incorporated and forwarded to our legal staff for their review and comment. Mr. Orndoff noted that he had received a number of calls concerning this, therefore, he would request that it be sent back to committee for further study. The board concurred. ***ITEMS NOT REQUIRING ACTION*** 1. Solid Waste ComDostinq System Frederick County has been approached by the Virginia Bio-Fuels Corporation to consider their patented technique for treating solid waste. Basically, they have designed a system using an aerobic digestion to reduce organic solid waste to compost. They have offered to give representatives from Frede- rick County tours of their facilities in Greene and Dinwiddie Counties. Virginia Bio-Fuels Corporation will be contacted to schedule a time which will be suitable for a majority of the committee. The Director of Public Works will schedule the tour and contact each committee member. 2. Landfill Aqreement UDdate A draft of the landfill agreement has been submitted to the City of Winchester for their review and comment. We expect a reply on or before August l3, 1993. Any comments will be incorporated and forwarded to our legal staff for their review and comment. 3. UDdate on New Landfill ExDansion The construction of the new landfill is ahead of schedule. We have completed construction of the 24 inch clay liner in Cells "A" and "B". The placement of the 60 mil syn- thetic liner has been completed in Cell "A" and is 70 percent complete in Cell "B". The placement of the 18 inch sand layer has commenced in Cell "A". A new 80 mil synthetic liner has been installed in the leachate collection pond to supplement the existing 40 mil synthetic liner. 4. Land Acquisition The committee was presented a tax map delineating the landfill area, Ryland Carper's property and property owned by Peter Paul Riley in Frederick County. The Public Works Director recommended that Frederick County consider purchasing the Riley property located in Frederick County. This property comprises an area of approximately 2.5 acres and would serve as a buffer, 396 plus as a possible access for a discharge pipe from a leachate treatment facility. The committee recommended that we obtain a price from Mr. Riley for the land and present it to the commit- tee at the September meeting. 5. Miscellaneous Reports Various reports were submitted to the committee for their information. CODE (, ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Code and Ordinance Committee met on Wednesday, August 4, 1993, 1:30 P.M. in the Personnel Office Conference Room. Present were W. Harrington Smith, Jr., Chairman of the Commit- tee; Committee members Charles W. Orndoff, Sr., George W. Johnston, III, and patricia F. Scheder. Also present were Board of supervisors Chairman Richard Dick, County Administrator John R. Riley, Jr., Commonwealth's Attorney Lawrence R. Ambrogi, Sheriff Robert T. Williamson, Major Alvin Johnson and county citizen Burrus J. Hook. Committee member Stephen G. Butler was absent. The committee submits the following: Discussion of the County Noise Ordinance Chairman Dick indicated that the Board had recently adopted a barking dog and noise ordinance in order to address complaints of this nature. The Chairman indicated that we cannot adopt laws to address every conceivable situation that may arise and that we have attempted to put laws on the books that can be enforced. Mr. Burrus J. Hook, county resident, addressed the Board with reference to the discharging of firearms adjacent to his new dwelling on State Route 127. He advised that he is thor- oughly frustrated with not being able to prevent people living next to him indiscriminately shooting off their back decks at all hours of the day and night. His solution was to prohibit shooting on any property that fronts on a state maintained road. The committee discussed Mr. Hook's concerns and felt that any law governing these types of occurrences must be consistent and enforceable. Further study will be warranted in order to come up with some type of logical solution to this problem. Chairman Smith appointed George Johnston, Sheriff Williamson and Commonwealth's Attorney Ambrogi to a committee to study and make a recommendation back to the full committee. Treasurer's Request to Update the Tax and Traffic Codes The Treasurer is requesting adopting changes in the county Tax and Traffic codes to reflect changes made in the State Code during the 1993 session of the General Assembly. Changes that will be advertised are as follows: . Exemption of all trailers from local licensing and taxation. . Twenty dollar administrative fee for the issue of warrants on legal documents and twenty-five dollars administrative fee for the issue of judgements. . Seven dollar and fifty cent fee for lost or stolen decal. . Penalty due date for not purchasing county decal 15 days after February 15 or 15 days after the purchase of a vehicle. It 397 · Establish penalty and interest on all taxes as specif- ically identified in the Tax Code. · Adoption of reciprocal agreements between the Towns, City and County for no vehicle decal and non payment of taxes. The committee recommends approval. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Law Enforcement and Courts Committee met on Thursday, August 5, 1993, 3:00 P.M., in the Personnel Office Conference Room. Present were chairman of the committee Beverly J. Sherwood, board member James L. Longerbeam; committee members Larry P. Coverstone, Donald Ratcliff and James L. Hockman. Also present were County Administrator John R. Riley, Jr., Sheriff Robert T. Williamson and Major Alvin Johnson. The committee submits the following: Discussion of Inclusion of the Roads within The Summit for Law Enforcement Purposes (This was referred back to commit- tee for further review and discussion) The committee reviewed the attached request and recommends that the ordinance be advertised for public hearing. Reouest from the Sheriff for Communications Uporade (This was pulled from the agenda under adoption of Agenda) The Sheriff addressed the committee with reference to the attached request for funding. The county administrator advised the committee that he had been attempting to finalize the joint communications agreement with the city as outlined in the 2020 report. To date there has been no response. The committee was concerned that if the communications consolidation plan were implemented, would the purchase be obsolete. The Sheriff advised that this would not be the case. The committee referred this item to the Finance Committee. The Sheriff did indicate that the need for mobile radios was critical and that funding for said radios was needed now. The committee recommends that the radios be purchased with E-911 funds that are currently budgeted. PERSONNEL COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Personnel Committee met on Thursday, August 5, 1993, at 8:30 A.M. in the Personnel Department Conference Room with the following members present: James L. Longerbeam, Beverly J. Sherwood, Robert S. Gordanier, Leonard D. Newcome, John R. Riley, Jr., and Ann Kelican. Colleen Bly was absent. The Committee submits the following report and recommenda- tions to the Board of Supervisors for consideration: Public Works Director Reouest To Transfer a Part-Time Position To a FUll-Time Position: Mr. Harvey strawsnyder, Public Works Director, appeared before the Committee and requested approval to transfer a part-time laborer position to a fulltime position in accordance with the attached memorandum. The Committee recommends approval of this request. Reouest For Reclassification From Captain Fred Hildebrand OF C-F-W Reqional Jail: 398 The Committee reviewed the request from captain Fred Hildebrand to reclassify the Reclassification Supervisor posi- tion of the C-F-W Regional Jail toa Range 19 as set forth in the attached memorandum. The Committee recommends approval of this request. Emplovee Of The Month For September 1993: Mr. Kenneth Lloyd was selected as Employee of the Month for September 1993. The presentation of this award will be made at the appropriate place on the board agenda. FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee met in the Personnel Conference Room on Wednesday, July 21, 1993 at 8:00 a.m. Present were: Commit- tee Chairman Robert M. Sager, Committee members W. Harrington Smith, Jr., John Good, Jr. and Raymond C. Sandy. Also present were John R. Riley, Jr., Cheryl B. Shiffler, Jennifer L. Place and Social Services Director Gwen Mandel. Committee member Kitty Nicholas was absent. The agenda items are as follows: 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $12.000.00. This amount was left out of the FY 93-94 request and is needed for communications equipment. See attached memo. This item has been tabled until the August finance committee meeting. 2. The Treasurer, Director of Information Services and Director of General Reassessment request a General Fund supplemental appropriation in the amount of $28.880.00. This amount is needed for an AS400 computer system upgrade. See attached memo. The committee would like the county to look at the option of purchasing used equipment. If no alternative is found, the committee recommends approval of the purchase. 3. The Handley Library requests a General Fund supplemen- tal appropriation in the amount of $25.000.00. This amount is needed to send the bookmobile out and will be matched proportionately by the City of Winchester. See attached memo. The committee does not recommend approval. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $2.597.89. This money is needed to fund for FY 92-93 promotions that were effective after the FY 93 budgets were submitted. See attached memo. This item has been tabled until the August finance committee meeting. other items: 1. The county has experienced additional revenue as a result of Public Service taxes being collected twice a year. The windfall amounts to $ 443,701.29. The budgeted amount for public service taxes for FY 92-93 is $800,000.00 and we have collected to date for public service taxes $1,160,522.00. This equates to a surplus in revenue in the amount of $360,522.00. 2. After inquiring about insurance coverage for social services on the county's policy, the savings are estimated to be approximately $5,816 over those amounts that are budgeted. Please advise as to whether the supplemental appropriation approved at last month's meeting should be reduced by this amount. The committee recommends reducing last month's supplemen- tal appropriation by $5,816. 399 3. Attached is a proposal from the Town of Middletown suggesting possible revenue sharing. Please review and give the Board of Supervisors direction. See attached memo. This item has been tabled at the present time until County/city negotiations have been resolved. 4. The Finance Committee meeting for the month of Au~ust has been changed to August 25, 1993 at 8:00 a.m. 1n the Personnel Conference Room. If this change causes a conflict in your schedule, please let us know. MISCELLANEOUS CORRESPONDENCE - APPROVED UNDER CONSENT AGENDA BOARD OF SUPERVISORS COMMENTS - THERE WERE NONE BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Sager, seconded by Beverly J. Sherwood, the board retired into executive session in accordance with the Code of Virginia. 1950, as amended, section 2.1-344, Subsection A(l) and (3) to discuss Personnel and Acquisition and Disposition of Real Estate. The above motion was approved by the following recorded vote: RiChard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the board withdrew from executive session. This motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye 400 Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD MAKES STATEMENT CONCERNING CITY I COUNTY N'EGO'l'IATIONS Mr. Longerbeam stated that the city and county have reached impasse on negotiations. He further stated that the county ad decided to take a non extendable purchase agreement for the uilding located at 107 North Kent Street belonging to Court ouse Associates as a future site for county offices. Upon motion made by James L. Longerbeam, seconded by W. arrington Smith, Jr., the county will enter into a non-extend- purchase agreement with Court House Associates as a future for county offices. The above motion was approved by the following recorded Richard G. Dick - Nay W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. orndoff, Sr. - Aye MIKE DIDAWICK TO REMAIN WITH COUNTY FOR NEXT THIRTY TO SIXTY DAYS. WORKING OUT OF THE COUNTY ADMINISTRATOR "S OFFICE Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., Mike Didawick, former employee with the Reassessment Office will remain with the county for the next thirty to sixty days, and will be working out of the county administrator's office. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY CHARLES W. ORNDOFF, SR., THERE BEING NO FUR'l'HER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. 401 -;I"""