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HomeMy WebLinkAboutOctober 24, 1990 Regular Meeting• 9 A Regular Meeting of the Frederick County Board of Super- visors was held on October 24, 1990, at 7:15 P.M., in the Board of Supervisors' 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 and asked that everyone observe a moment of silence in absence of a Minister. ADOPTION OF AGENDA Mr. Stiles requested approval of a proclamation for National Education Week. Mr. Riley stated that he had a request from the Virginia Department of Transportation. Mr. Smith stated that he would like to discuss stormwater drainage. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Agenda was adopted as amend- ed. APPROVAL OF MINUTES Mr. Rinker stated that in the minutes of September 12, 1990, Page 12, fifth paragraph, the word "work" should be "word ". Mr. Crosen stated that on Page 9, under the request from Tri- County O.I.C., it should be noted that Frederick County will participate in funding even if the Regional Jail Board decides not to. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the minutes of the Regular Meeting of September 12, 1990 were approved as amended. Mr. Crosen stated that in the minutes of September 26, 1990, Page 8, fourth paragraph, that he did not second the motion for approval. Mr. Stiles stated that he believed Mr. Rhodes seconded the motion. 97 Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the minutes of the Regular Meeting of September 26, 1990 were approved as amended. PRESENTATION OF CERTIFICATES FOR EMIRGENCY MEDICAL SERVICES STAFF AND COUNTY EXTENSION HQPEKKAKERS - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, certificates for the following County Extension Homemakers and 4 -H members were approved: Martha Durst Margaret Douglas Susan Carden Elwanda Luttrell Aneta Hahn Kim Toney Amy Gibson Lori Orndorff J. R. Marker Clay Wimlierley Jim Leurs Brandie McDonald Todd Stiles Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, certificates for the following Emergency Medical Services staff were approved: 11 Wanda Tederick Gary DuBrueler SUSAN S. CLAYTOR REAPPOINTED TO THE HANDLEY REGIONAL LIBRARY BOARD Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, Susan S. Claytor was reappointed to the Handley Regional Library Board as a represen- tative from Frederick County for a four year term, said term to expire November 30, 1994. JACK EINSTEIN APPOINTED TO THE BOARD OF ASSESSORS TO FILL THE VACANCY CREATED BY THE RESIGNATION OF BOB HOWARD Upon motion made by Roger L. Crosen, seconded by Charles W. Orndoff, Sr. and passed unanimously, Jack Einstein was appointed to serve on the Board of Assessors to fill the vacancy created by the resignation of Bob Howard. • • � • • ' �• �.1� ail • 'I' M: :'1' � :• • Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, Todd A. Connor was reappointed to the Chapter 10 Board as a representative from •• Frederick County for a three year term, said term to commence January 1, 1991 and expire on December 31, 1993. PRO CLAMATION PROCLAIMING NATIONAL EDUCATION WEEK - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the following proclamation was approved: WHEREAS, America's public schools serve all of the children of all of the people; and WHEREAS, the strength of a community is measured by the schools it keeps; and WHEREAS, the schools of the 1990s need broad citizen support to meet the diverse needs of today's families and to help each student achieve his or her potential; and WHEREAS, educational excellence is built on the involvement of the entire community, including parents, business leaders, elected officials, public service personnel, and senior citizens, NOW, THEREFORE, I. Kenneth Y. Stiles serving as Chairman of the Frederick County Board of Supervisors do hereby proclaim American Education Week, November 11 -17, 1990. All citizens are urged to observe this week with appropri- ate activities and to renew their commitment to the education of every child. Signed this 19th day of October, 1990. REQUEST FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR TRANSFER OF FUNDS - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the request from the Virginia Department of Transportation for a transfer of funds in the amount of $248,543.67 was approved for the Secondary System. LETTER OF THANKS TO THE BOARD RECEIVED FROM CHAIRMAN OF THE YOUTH COMMITTEE, TEEN CENTER Mr. Riley, County Administrator, read a letter at this time from Mrs. Shelda Longerbeam, Chairman of the Youth Committee for the Teen Center, thanking the Board for all their support. REQUEST FROM THE COUNTY OF ALB124ARLE TO ENDORSE RESOLUTION OPPOSING THE PLEDGE BOND REFERENDUM - APPROVED Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board of Supervisors do hereby endorse the Albemarle County Board of Supervisors' resolution in their effort to oppose the Pledge Bond Referendum. PUBLIC HEARING 99 AN AMENDMENT TO THE n=ERICK COUNTY CODS CH AP 'PER 20, WATER AND SEWERS; ARTICLE II SEPTIC TANK GENERAL Y To AMEND SECTION 2 -1 -2. DISPOSITION OF SLUDGE, ETC., REMOVED UPON CLEANING - APPROVED Mr. Donald Merritt, of Merritt Sanitation, appeared before the Board and asked that the County look into and take measures to prevent haulers from West Virginia coming into Frederick County to pump sludge and then return to West Virginia to dump. He explained this is being done and these same haulers are charging a lesser amount and if this is allowed to continue, the haulers in Frederick County will be put out of business. The Board instructed Mr. Riley to notify the Health Depart- meet that this is not allowed and should be stopped immediately. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 20, WATER AND SEWERS; ARTICLE II, SEPTIC TANKS GENERALLY; TO AMEND SECTION 2 -1 -2 DISPOSITION OF SLUDGE, ETC., REMOVED UPON CLEANING; TO READ AS FOLLOWS: 2 -1 -2 Any person who cleans any septic tank shall dispose of the sludge and materials removed from such septic tank by depositing such sludge and material in the Opequon Water Reclamation Facility. SALE OF SHAWNEELAND LOTS - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the sale of the following Shawneeland lots was approved: LOT NO. PLAT SECTION 2 UNK K 3 1 16 8 UNK N 16 UNK 3 16 UNK K 32 1 16 40 UNK S 41 UNK S 52 3 13 53 3 13 61 UNK B 97 6 11 109 5 22 261 11 5 293 26 23 367 23 23 SALE OF THE COUNTY'S OPTION ON LAND KNOWN AS THE KURTZ PARCEL AND MORE SPECIFICALLY. IDENTIFIED IN THE JOINT RESOLUTION OF THE CITY OF WINCHESTER AND COUNTY OF FREDERICK EXECUTED FEBRUARY 20. 1980 - APPROVED 100 Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve advertising "For Sale" the County's option on land known as the Kurtz parcel. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen and Charles W. Orndoff, Sr. Nay - W. Harrington Smith, Jr. End of Public Hearings. PLANNING COMMISSION BUSINESS PUBLIC HEARING REVISED CONDITIONAL USE PERMIT APPLICATION #001 -86 OF MARK AND CHERYL ANDERSON - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Watkins, Director of Planning and Development, present- ed this revised conditional use permit request and stated that the Planning Commission recommended approval with conditions. Mr. Orndoff asked why condition number two was necessary if all dogs are kept inside at all times. Mr. Thomas A. Schultz, Jr., Attorney, addressed the Board at this time on behalf of Mr. and Mrs. Anderson and explained that the premises will be improved and fully enclosed, and they were in full agreement with all the conditions with the excep- tion of number five, and they are requesting that the 25% be increased to 50 %. Mr. Rinker asked about the soundproofing of the roof and runs. Mrs. Anderson explained her plans for insulating these areas. Mr. Crosen asked Mrs. Anderson her alternate plans for increasing the number of dogs that would be housed at the kennel. Mrs. Anderson replied that she could not give a firm answer at this time. Mrs. Tina Bragg, the Anderson's closest neighbors, appeared before the Board to oppose this request for the following reasons: A 1. Increase in traffic noise. 2. Depreciation of property surrounding kennel. 3. Who would be responsible for maintenance of road? 4. Neighbors have to live with barking dogs every day. Mrs. Bragg asked the Board to deny this request. Mr. Esten Rudolph, III appeared before the Board and asked that this request be denied as more dogs will make more noise. Mr. Crosen stated that he felt the reason for a conditional use permit was to establish a limit, that being the case, where was this limit going to end for this particular conditional use permit. Mr. Watkins explained to the Board that they needed to set a limit concerning the expansion or say "no" expansion would be allowed. Mr. Crosen stated that no expansion unless it comes back to the Board. Mr. Orndoff explained that the road is not suitable for any additional traffic, therefore he felt no expansion should be allowed until the conditional use permit comes back to the Board. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, to amend condition number five to state that no expansion will be allowed until this conditional use permit is brought back to the Board for their review. Upon motion made by Charles W. Orndoff, Sr. and seconded by W. Harrington Smith, Jr. to approve conditional use permit number 001 -86 of Mark and Cheryl Anderson, P. 0. Box 220, Stephenson, Virginia, for the expansion of the existing kennel per the site plan submitted with number five amended as noted. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Roger L. Crosen and Dudley H. Rinker. End of Planning Commission public hearings. PRELIMINARY MASTER DEVELOPMENT PLAN - VALLEY FERTILIZER AND CHEMICAL COMPANY - APPROVED 102 Mr. Watkins presented this master development plan request and stated that the Planning Commission recommended approval. Mr. David Bushman appeared before the Board on behalf of the Petitioner. Mr. Al Shirley, area resident, appeared before the Board and explained there is already a drainage problem in this area and if another building is erected it will only add to this problem. Mr. Stiles asked Mr. Bushman to see that the area of stormwater be addressed when the final development plan is submitted. Mr. Shirley also expressed his concern about the current traffic situation on Route 11 North and asked if this was being considered. Mr. Stiles replied yes, but this land has already been rezoned. Mr. Shirley asked the Board about fertilizer on his proper- ty and possible contamination caused by runoff. Mr. Stiles explained to Mr. Shirley that his recourse was with Valley Fertilizer. Mr. Rinker stated at this time, due to a possible conflict of interest, he would not be participating in the discussion or vote on this preliminary master development plan. Upon motion made by Charles W. Orndoff, Sr. and seconded by W. Harrington Smith, Jr., to approve the preliminary master development plan of Valley Fertilizer with two conditions as follows: 1. Final master development plan to address area of stormwater. 2. Identify all lots with residue before any site plans or master development plans are approved. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Abstaining - Mr. Dudley H. Rinker. Mr. Shirley asked if borings could be done earlier. Mr. Stiles replied at site plan stage. 103 FIRE AND RESCUE ASSOCIATION REPORT Mr. Crosen, Board liaison on the Fire and Rescue Associa- tion, presented the following report and stated that it was for information only: The Fire and Rescue Association met on Monday, October 15, 1990 at 7:30 P.M., at the Round Hill Volunteer Fire Company facility. All companies were represented with the exception of Round Hill and Timberidge. Also present were Board Member Roger L. Crosen; Director Thomas W. Owens; Fire Marshal Douglas A. Kiracofe and Mr. Frank Spurr. The following items were discussed, however none require Board action at this time: Career Firefighters Director Owens advised that five new career Firefighters would report for duty on Tuesday, October 16, 1990. They will be assigned to the following locations: - Tim Welsh and Bill Bowmaster, Greenwood V.F.D. - Dennis Lineburg and Jeff Mongold, Round Hill V.F.D. - Ty Cather, Gainesboro V.F.D. A sixth person is expected to be on board by November 1st. This person will be assigned to the Stephens City Station. The two Firefighters assigned to Middletown will remain there. Owens explained that the logic behind this deployment was based on medical service delivery. This provides a two person crew at stations that have ambulance transport capability and one person at stations providing first responder service only. Should the relocation of Timberidge Rescue to Gainesboro become a reality, one of the career people assigned to Round Hill will be trans- ferred to Gainesboro to complete the two person crew needed for the ambulance. We are still waiting to hear from the County Attorney on whether the career people can continue as volunteer under the Fair Labor Standards Act. Director Owens thanked Chiefs Weller, Shiley, Whitacre and Association President Silva for their assistance with the hiring process. Red Ribbon Week 104 Director Owens explained the Red Ribbon Week Drug Awareness Program. He informed the representatives that a memo of expla- nation and a supply of red ribbons had been sent to each company president. All companies were encouraged to support this worthwhile effort to discourage drug us. Financial Report Forms The financial report forms for 1990 were distributed to each company represented. For those companies not represented, their financial forms were mailed to them. EMS License Director Owens informed the Association that with the addition of the career personnel, the State EMS representative has recommended that the County Fire and Rescue Department become a licensed EMS Agency. Owens advised that the Board of Supervisors had approved this action and the application is being filed. Commendation Director Owens stated that the previous week had several significant incidents. Two major fires and a hazardous materi- als incident have kept our units very busy. He commended the professional approach, cooperation and teamwork displayed by all units and personnel operating at these incidents. Draft Service Agreement Director Owens reminded all companies that comments on the service agreement are due to him by October 22, 1990. Fire and Rescue Department Logo Design Director Owens stated that he would like to open up a design competition for an organizational logo for the County. This would be open to all members of the service. A memo containing guidelines will be forthcoming. Fire and Rescue Association Records The Association asked the Director if it would be possible to obtain file space in his office for the Associations' Records. He stated that at this time he had no extra room in the office for additional records storage. He advised that the County Administrator's Office is pursuing several options to 105 provide more office space for the department. He stated he would be happy to provide record storage space once more room is available. Incident Command System A discussion was held on the need to develop a more formal incident command system for use in Frederick County. It was suggested that this system be developed jointly with the City so we may have one command system for both jurisdictions. A committee was appointed to work with the Director to develop a formal incident command system. BOARD MEMBER W HARRINGTON SMITH JR. ADDRESSED THE BOARD RE: DAMAGE FROM STOR4WATER Mr. Smith stated that he had toured various locations within his district, as well as other districts, and something had to be done in the area of stormwater management. He ex- plained that due to the heavy rains in the County within the last two weeks, which really brought this problem to the sur- face, the area of stormwater management really needed to be discussed and a decision made as a lot of County citizens realized a lot of damage to their property as a result of stormwater. Mr. Stiles stated that the County is working on this and progress is being made, however, it will be slow. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. j Cler Board of Supe visors