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February 27, 1991 Regular MeetingA Regular Meeting of the Frederick County Board of Supervi- sors was held on February 27, 1991, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes, (Vice- Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr.; and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Thomas Berlin. ADOPTION OF AGENDA Mr. Rhodes asked for time to address the Board. Mr. Smith requested to amend the agenda to discuss a request from the Commonwealth's Attorney's Office. Mr. Riley asked the Board members to please review the correspondence handed out regarding revenue sharing but that no action was needed. Upon motion made by Robert M. Rhodes, seconded by W. 11 - -- Harrington Smith, Jr., and unanimously approved the agenda was adopted as amended. CONSENT AGENDA The following items were approved under the Consent Agenda: 1. Tab B - Resolution for the American Red Cross, 2. Tab C - Resolution Supporting Mental Retardation Month, 3. Tab K - Subdivision Application for John G. Huber and Winnifred A. Crew, 4. Tab L - Memorandum from Deputy Planning Director Kris Tierney dated February 22, 1991, regarding Winchester's Area Transportation Plan, and 5. Tab M - Public Works Committee Report. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes, and passed unanimously, the items referenced above were approved under the "Consent Agenda." APPROVAL OF MINUTES .� Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker, and passed unanimously, the minutes of January 9, 1991, were approved as amended: On page 6, last paragraph, the paragraph should read as follows: "...passed unanimously, to participate in the Loudoun County Juvenile Detention Facility based on a per diem rate and requested further consideration of participating in the con- struction of two cells. Further arrangements were discussed as to the trading of inmates based upon each jurisdictions over- crowding." Upon motion made by Roger L. Crosen, seconded by Charles W. Orndoff, Sr., and passed unanimously, the minutes of January 28, 1991, were approved as submitted. RESOLUTION FOR THE AMERICAN RED CROSS - APPROVED Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes, and passed unanimously, the following resolution was approved under the "Consent Agenda ": WHEREAS, the ability of the American Red Cross to touch millions of lives is based on millions of gifts to - the Red Cross, and WHEREAS, every year the Red Cross is there when natural disasters, including fires, strike over 50,000 American families, and WHEREAS, the Red Cross collects over 6 million units of blood each year - half the nation's blood supply, and WHEREAS, over 7 million Americans seek instruction in first aid, CPR and water safety - preventing the loss of an untold number of lives, and WHEREAS, Americans serving in the armed forces need information, referral services and emergency communications at military installations around the world, and WHEREAS, in this community, locally, 300 volunteers donated 17,000 hours of service, assisted fifteen families with temporary lodging, collected almost 4,000 units of blood, conducted 226 public safety classes and handled 93 emergency communications, BE IT THEREFORE RESOLVED, that the Board of Supervi- sors for the County of Frederick, Virginia, recognizes the great support and many contributions of the American Red Cross to this community and to the nation. RESOLUTION FOR THE ASSOCIATION FOR RETARDED CITIZENS - APPROVED Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes, and passed unanimously, the following resolution was approved for The Association for Retarded Citizens: 190 MENTAL RETARDATION MONTH PRO WHEREAS, mental retardation is a condition which today affects more than six million American children and adults and their families; AND WHEREAS, the most effective weapons for allevia- tion of the serious problems associated with mental retar- dation are public knowledge and understanding; AND WHEREAS, the potential for citizens with mental retardation to function more independently and productively must be encouraged; AND WHEREA members through Association for promoting vital campaigns under Mayor Helm, Frei County Chairman 9, during the month of March, 160,000 1,300 state and local chapters of the Retarded Citizens of the United States are employment, educational and fund raising private sector initiatives, Winchester ierick County Chairman Stiles, and Clarke Hardesty do hereby proclaim March 1990 as MENTAL RETARDATION MONTH in this area, and urge that the full support to efforts toward retardation to live productive potential. Mayor Elizabeth G. Helm L/ Chairman Kenneth Y. Stiles Chairman John D. Hardesty citizens of this area give enabling people with mental lives and achieve their RESOLUTION FOR THE VIRGINIA'S COMMONWEALTH TRANSPORTATION BOARD TO GRANT INDU-S ACCESS ROAD FUNDS FOR CONSTRUC- TION OF A PARK CENTER DRIVE FOR KRAFT GENERAL FOODS, INC - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker, and passed unanimously, the following resolu- tion was approved: WHEREAS, Kraft General Foods, Inc. is purchasing property located in the County of Frederick and has entered into firm contract to construct its facilities on that property for the purpose of producing food product; and WHEREAS, this new facility is expected to involve a new private capital investment in land, building, and manufacturing equipment of approximately $15 million and Kraft General Foods, Inc. is expected to employ 200 persons at this facility; and WHEREAS, manufacturing operations are expected to begin at this new facility on or about December 1991; and WHEREAS, the property on which this facility will be located has no access to a public street or highway and requires the construction of a new roadway which would connect to Martinsburg Pike (route 11); and WHEREAS, the County of Frederick hereby guarantees that the necessary right of way for this new roadway and utility relocations or adjustments, if necessary, will be 191 provided at no cost to the Virginia Department of Transpor- tation: NOW, THEREFORE, BE IT RESOLVED THAT: The Frederick County Board of Supervisors hereby requests that the Commonwealth Transportation Board provide Industrial Access Road funding to provide an adequate road to this new manufacturing facility; and BE IT FURTHER RESOLVED THAT: The Frederick County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the Secondary System of Highways. A COPY TESTE: LL Kenneth Y. Stiles, Chairman The following statements were made by Board members regard- ing this resolution: Mr. Crosen commended Chairman Stiles, John Riley, the Economic Development Commission, and anyone else involved for their efforts on this project. Mr. Stiles stated that Frederick County competed with other states for the location of the Kraft General Foods' site. A thorough study of the various sites was made by Kraft and we should be very pleased Frederick County was selected for their new facility. He announced the groundbreaking ceremony will take place on Monday at 10:30 a.m. He also introduced and welcomed Mrs. June Wilmot, the new Economic Development Commission Director for Winchester and Frederick. PRELIMINARY REDISTRICTING PLAN Planning Director Robert W. Watkins presented to the Board a schedule for the County's redistricting plan. He suggested that a public hearing should be held at the Board's April 10th meeting. He urged the Board of Supervisors to expedite this redistricting plan since the changes will have to be made before the next election. 11 Mr. Stiles requested the Board to be prepared at the Board meeting on March 14th with suggestions for public meeting dates and a course of action. JIM ROBINSON APPOINTED TO PARKS AND RECREATION BOARD - APPROVED 192 Mr. Rhodes addressed the Board and advised that Mr. Court Smith, member of the Parks and Recreation Commission, had resigned. He requested a letter of commendation be sent to him and nominated Mr. Jim Robinson to replace him. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, Mr. Robinson's appointment to the Parks and Recreation Board was approved. PAT PERRY RESIGNED FROM PARKS AND RECREATION BOARD Mr. Rinker addressed the Board and advised that Ms. Perry resigned from the Parks and Recreation Commission and the Board would need to appoint someone to replace her. He requested the vacancy be advertised and a letter of commendation sent to Ms. Perry. SUPPLEMENTAL APPROPRIATION OF $9,600 FOR COMMONWEALTH'S ATTORNEY'S OFFICE - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker, and passed unanimously, a supplemental appro- priation in the amount of $9,600 was approved for the Common- wealth's Attorney's office to fund extra help and overtime. AEROBIC SYSTEMS Mr. Stiles presented correspondence from Mr. Donald J. Alexander with the Commonwealth of Virginia Department of Health regarding policy changes for VPDES permits. Mr. Tod Stone with the Stone Company located in Roanoke, Virginia, appeared before the Board and introduced his son, Jeff. Mr. Stone explained the latest technology regarding aerobic systems since Frederick County is one of the biggest users of this system. Mr. Riley explained that applications for aerobic systems were transferred to the Health Department and nothing would be processed until June 1991. However, Mr. Riley checked with the State Water Control Board and, until June, they will authorize the Health Department to issue permits for applicants who have met all the requirements. ADOPTION OF THE ORDINANCE TO VACATE A PORTION OF THE FREDERICK HEIGHTS SUBDIVISION. MORE SPECIFICALLY THE UNUSED EXTENSION OF MILAN DRIVE LYING BETWEEN THE NORTHERN 193 EDGE OF THE RIDGE ROAD RIGHT -OF -WAY AND THE NORTHERN PERIMETER OF THE SUBDIVISION, CONSISTING OF AN AREA APPROX- IMATELY 50' X 150' OR .1722 ACRES, AS DEPICTED IN A PLAT DATED NOVEMBER 4. 1964, BY RICHARD U. GOODE AND RECORDED IN THE FREDERICK COUNTY CLERK'S OFFICE IN DEED BOOK 307, PAGE 18 - TABLED Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes, and passed unanimously, the adoption of this ordinance was tabled until March 13, 1991. Mr. Riley stated everyone was not fully informed about this and it would take a couple of weeks to do so. Mr. David Posinie appeared before the Board representing Mr. Hillyard. He stated they were anxious to expedite this resolution as soon as possible because it has put their property in limbo due to the purchase of this piece of land. Mr. Stiles indicated some items would need to be cleared up that were not anticipated and would be resolved by the next Board meeting. ROBERT C. RICHARD TO PURCHASE FROM FREDERICK COUNTY VIRGIN- IA A 7.962 ACRE PARCEL LOCATED WEST OF VIRGINIA ROUTE 618 IN BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY VIRGINIA, AND IS BOUNDED ON THE NORTH BY J. CRESWELL, EAST BY R. C. RICHARD, SOUTH BY R. M. DICK AND ON THE WEST BY R. WILLIAMS - APPROVED Mr. Riley presented this request and stated Mr. Williams checked the property out today and he was satisfied. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr., and passed unanimously, this request was approved. No one addressed the Board regarding same. Ms. Courtney Bragg addressed the Board and relayed she was ecstatic that everything was okay and approved. She also stated that she felt her assessment was fair. REQUEST TO APPROVE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE PROCEDURES - REFERRED TO COUNCIL Ms. Karen Cober, Vice Chairman of the Sanitary District Advisory Committee, appeared before the Board. She expressed two points she felt needed to be addressed. First, she indicat- ed several key points were made at the July 11, 1990, Board meeting in which she understood the Advisory Committee is not a Homeowners or Lot Owners Association where absentee owners have the right to participate in all matters just because they owned property in the Sanitary District. The Committee should be 194 appointed like all other Committees of the Board. She felt the process of balloting and elections was not necessary. Second, Ms. Cober stated she felt the Board of Supervisors was the governing body of the Sanitary District. Option II was submit- ted to the Board so they could review different options avail- able for their approval. Andy Geisler, Shawneeland Property Owner - Mr. Geisler stated he felt all members who pay the sanitary fees should be involved in all elections or procedures dealing with Shawneeland. He also felt the County had the right to make the decision as to whether or not out -of -state Shawneeland property owners had the right to vote on Sanitary District issues. Mr. Stiles replied that in Virginia, by law and which is known as the Dillon rule, if it is not specifically spelled out in the State Code, the County does not have the right to do it. William Green - Shawneeland Resident - Mr. Green stated he felt the guidelines were sufficient and covered most of what was discussed in his meeting with Chairman Stiles and Mr. Rhodes and recommended approval as submitted. Mr. Rhodes explained, by law, the Advisory Committee is an Advisory Committee of the Board of Supervisors and, by law, the Advisory Committee serves at the pleasure of the Board of Supervisors. He indicated there are certain things stated in the law as to who can vote on certain issues but not this situation in particular. The situation is cloudy and he sug- gested the guidelines not be approved until legal opinion could be obtained. He also reiterated that even if an election was held, these people would still have to be appointed by the Board. He agreed that any Shawneeland property owner should have rights just as any Shawneeland resident but wanted to make sure the process was legal. Chairman Stiles agreed a legal opinion should be obtained regarding out -of -state Shawneeland property owners participating in the Sanitary District elections. Lee Dolan - Shawneeland Resident - Mr. Dolan stated he felt all Shawneeland property owners should vote for the candidates 195 and the top three should be appointed if approved by the Board. He added it wasn't too much for any Shawneeland property owner to have some say so regarding actions taken in Shawneeland, otherwise, he didn't want his lot. He felt the majority wanted it this way. Hazel Janisch - Shawneeland Resident - Ms. Janisch ex- pressed her concern regarding the time they had to get the ballots out. She asked the Board not to table this request. Mary Still - Shawneeland Resident - Ms. Still stated she had been a resident of Shawneeland for six years and during that time has seen a lot of improvements made since the Sanitary District was formed. She thanked Billy Jones for all his hard work. Ms. Still felt any Shawneeland owner should be able to vote since they pay the $160 a year for unimproved lots and $220 a year for improved lots. Mr. Stiles stated that no one disagreed with her but the Board just needed legal review. Katrina Sine - Shawneeland Resident - Ms. Sine asked the Board if what they were saying is Option 2 was not an option since the majority wanted Option 1 (Option 1 - election process, Option II - appointment only). She also stated Option II was definitely a minority report. Mr. Stiles replied he did not have a problem with Option 1 if legal council stated Option 1 is a legal process. Gary Kober - Appointed to Advisory Committee - Mr. Kober stated the advisory committee took it upon themselves to elimi- nate Option II. Most people wanted elections instead of ap- pointments. Dick Vile - Shawneeland Resident - Mr. Vile stated that most people wanted the election process verses appointment. Thomas Groot - Appointed to Advisory Committee - Mr. Groot felt the Shawneeland residents should be able to vote. Gene Janisch - Shawneeland Property Owner - Mr. Janisch stated he felt the Board should go with what the majority wanted in Shawneeland. 196 William Greene - Mr. Greene appeared before the Board again and asked how will the committee become representatives to the Board of Supervisors as property owners. He felt the property owners should represent Shawneeland not Frederick County. Katrina Sine - Ms. Sine appeared before the Board again and stated she felt the procedures were fair in that all their meetings are open and they are properly posted at the mail boxes. She felt there should not be a committee. Mr. Stiles stated the Sanitary District Advisory Committee was not the answer to all the problems in Shawneeland but the Board thought it was the only vehicle that existed by which they could begin to make progress with the problems in Shawneeland. Significant progress has been made and it was critically impor- tant that a procedure be established where the majority agreed. If procedures are outlined, the problems could be worked out. He felt significant progress had been made with the Options that were presented but felt legal review was needed before the Board could vote. Mr. Crosen felt the legal authority for the Advisory Committee rested with the Board of Supervisors but also agreed the Board needed to get input from someone who works closely with issues such as these so the decisions made by the Board could be reliable and credible. He added he liked the guide- lines proposed and he would like to see elections take place in Shawneeland and the final decision would rest with the Board of Supervisors. He asked the Commonwealth's Attorney's office to provide a broad review of this process. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr., and passed unanimously, the Shawneeland procedures and guidelines would be presented to legal council for review and brought back to the March 13th Board meeting for approval. REQUEST TO CONTINUE PARTICIPATION IN THE BRADDOCK HOUSE PROJECT - TERMINATED Mr. Riley presented to the Board correspondence from City Manager Edwin C. Daley regarding the cost to continue participa- tion in the Braddock House project. The State is willing to 197 participate at $57 per diem but will not guarantee this amount and will not firmly respond in writing until new by -laws and procedures are proposed by the City and adopted. Clarke County is rewriting their by -laws stating they will not pay anything in the future. Mr. Riley suggested the Board discontinue the project and terminate same effective April 1, 1991. Upon motion made by Charles W. Orndoff, seconded by Dudley H. Rinker, and passed unanimously, the Board will terminate participation in the Braddock House project effective April 1, 1991. PLANNING COMMISSION BUSINESS Public Hearing Conditional Use Permit 1020 -90 of Vickie L. Patterson, Route 1. Box 137 -M. Clearbrook. Virginia. for a Cottage Industry /Artist Studio. This Property is Located in the Orchardale Subdivison Off Route 670 and is Identified as Parcel 84 -0 on Tax May 23(3) in the Stonewall Magisterial District - APPROVED Mr. Watkins presented this Conditional Use Permit request for Ms. Patterson. No one was heard in opposition of this request. Upon motion made by Charles W. Orndoff, seconded by Robert M. Rhodes, and passed unanimously, Conditional Use Permit 1020 -90 was approved. Other Planning Items Subdivision Application for John G. Huber and Winnifred A. Crew - APPROVED Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes, and passed unanimously, this subdivision application was approved under the "Consent Agenda." Winchester Area Transportation Plan - APPROVED Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes, and passed unanimously, the Winchester Area Transporta- tion Plan as submitted by Deputy Planning Director Kris C. Tierney was approved under the "Consent Agenda." PUBLIC WORKS COPMTTEE REPORT - APPROVED UNDER "CONSENT AGENDA" The Public Works Committee met on Tuesday, February 19, 1991, at 7:30 a.m. Present were Board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; Committee member • • so Chester A. Renner; County Administrator John R. Riley, Jr.; and Assistant County Administrator Stephen F. Owen. The following items were discussed: Items Recruirina Action Request for SuDiplemental Appropriations and Transfers The Committee recommends approval of the attached request for transfers and supplemental appropriations (see Attachment 1) . Recycling A proposal from BFI to add newspaper to the recycling program was discussed and approved. Albin, Clearbrook, Middletown Scales, and Greenwood will be the sites. Plastic overflow boxes were also recently added to seven of the eight recycling sites. A transfer of $6,000 from landfill's reserve for contingency line item 12- 4204 - 5806 -00 to line item 12- 4204 - 3010 -00 is requested. Items Not Requiring Action Landfill Household Debris Charges The Committee took no action on the possibility of charging residents, rather than the County, for large loads of "house- hold" trash brought to the landfill. General Services The Committee discussed letting the new Director of Engi- neering and General Services proceed with managing all or most of the County's general services functions. Other Information Items Landfill Tonnage Report (see Attachment 2), Recycling Report (see Attachment 3), and Animal Shelter Report (see Attachment 4). UPON NOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. Q-- -7 � L Cle t, oar of Supe isors