January 09, 1990 Joint Meeting With City Council481
A Joint meeting of the Frederick County Board of Supervisors
and the Council for the City of Winchester was held on January
9, 1990, at 7:30 P.M., in the City Council Chambers, Rouss City
Hall, Winchester, Virginia.
PRESENT: Kenneth Y. Stiles, Chairman; Dudley H. Rinker;
Roger L. Crosen; W. Harrington Smith, Jr. and Charles W.
Orndoff, Sr. Robert M. Rhodes, Vice - Chairman was absent.
City Council Members: William Mote, President; Betty
Burkholder; Gary Chrisman; Carolyn Griffin; Philip Groves;
Richard Kern; Elizabeth Minor; Jerry Partlow; Jack Phillips;
John Scully, IV; B. Tucker White, Jr.; Fred Young and Elizabeth
G. Helm, Mayor.
CALL TO ORDER
President William Mote called the meeting to order at which
time he recognized Mayor Elizabeth Helm and Chairman Kenneth
Stiles.
CHAIRMAN KENNETH Y. STILES ADDRESSED THE BOARD OF
SUPERVISORS AND THE CITY COUNCIL
Mr. Stiles reviewed the various projects and accomplish-
ments of the County during this past year and outlined what he
and the Board would like to see accomplished during the next
year.
In closing he explained that the goal to maintain reason-
able housing for the citizens of this area is the most important
thing and that he is not ready to give up on this very important
goal.
MAYOR ELIZABETH G. H E L M ADDRESSED THE BOARD OF
Mayor Helm addressed the Board of Supervisors and the City
Council and gave a recap of what had transpired in the City dur-
ing the past year and what she would like to see accomplished in
the City during 1990.
There was no public comment.
At this time President Mote recessed the meeting in order
that the County Board members might reconvene their meeting at
the County Courthouse.
CHAIRMAN STILES RECONVENED THE MEETING IN THE COUNTY
COURTHOUSE
48
Mr. Stiles reconvened the meeting and stated that all
public hearings and master development plans would be heard at
the regular scheduled meeting of January 10, 1990, 7:15 P.M.
as these items had been advertised for that date.
CONSENT AGENDA
Upon motion made by Roger L. Crosen, seconded by Charles W.
Orndoff, Sr. and passed unanimously, the following Tabs were
approved and did not need additional discussion or action:
Tab D - Consideration of Resolution from the County of
Alleghany.
Tab K - Road Resolution - Stonewall Industrial Park.
Tab L - Parks and Recreation Commission Report.
Tab M - Fire and Rescue Committee Report.
Tab N - Public Works Committee Report.
APPROVAL OF MINUTES
Mr. Crosen stated that in the minutes of the Regular Meet-
ing of November 8, 1989, Page 3, the last paragraph, the last
line should read "Ebenezer Church Road ".
Mr. Rinker noted the following corrections:
Page 13, sixth paragraph, should read "Clearbrook Park" and
not "Sherando Park "; Page 14, first paragraph should read
"location for this company somewhere else in Frederick County ";
Page 16, seventh paragraph should read "Mr. John Taylor "; Page
18, Rezoning Application of Roundball Associates should read
"Back Creek District" and not "Opequon "; Page 19, second para-
graph, same and Page 20, eighth paragraph should read
"...entrances but not major access from Ridgefield ".
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Orndoff, Sr. and passed unanimously, the minutes of the
Regular Meeting of November 8, 1989 were approved as amended.
COMMITTEE APPOINTMENTS TABLED UNTIL THE NEXT MEETING
APPOINTMENT OF COMMITTEE TO WORK WITH THE CITY OF
WINCHESTER ON RECOMMENDATIONS FROM THE 2020 TASKFORCE
ON PUBLIC SAFETY - TABLED
Following Board discussion this was tabled for the time
being, however, Mr. Crosen volunteered to serve on the Steering
Committee as a representative of the Board.
4So
RESOLUTION FROM THE COUNTY OF ALLEGHANY - APPROVED
UNDER CONSENT AGENDA
WHEREAS, solid waste management issues are becoming
environmental, political and financial crises in many of
Virginia localities; and
WHEREAS, State and local governments cooperation is
essential in addressing these issues and solving solid waste
problems; and
WHEREAS, the Board of Supervisors of the County of
Frederick, Virginia feel members of the General Assembly need to
take certain actions in support of this cooperative effort;
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of the County of Frederick, Virginia does hereby
request the General Assembly to take the following actions in
the interest on cost effective and environmentally effective
solid waste programs:
(1) To establish standards that prevent or strongly
discourage any existing privately owned landfills from importing
large quantities of waste (e.g., despite strong local
objections, the Kim -Stan landfill in Alleghany County is being
allowed by the State to accept 60 to 75 loads of trash a day
from New Jersey, New York and Pennsylvania);
(2) To adopt more reasonable single liner design standards
for landfills after 1992, as endorsed by both VACO and VML,
unless local drinking water supplies and ground water conditions
require double liners;
(3) To adopt a bottle bill similar to Senate Bill No. 466
(1989) as endorsed by VACO;
(4) To establish a program to promote recycling firms and
markets within reach of Virginia localities to accept goods such
as paper, glass and plastic for which recycling outlets are
often unavailable at present;
BE IT RESOLVED, that the Board of Supervisors of the
County of Frederick, Virginia hereby instructs its Clerk to send
a copy of this resolution to its representatives in the General
Assembly seeking their support for the adoption of these
measures.
POLICE MUTUAL AID AGREEMENT BETW STEPHENS CITY
Mr. Orndoff expressed some concern with this as it
pertained to equipment, etc.
Mr. Crosen had a question on number 4, a, b, and c.
Mr. Smith stated that he felt the word "Reserve" should be
used instead of the word "Auxiliary" on Page 3, paragraph 4, a.
Upon motion made by Dudley H. Rinker and seconded by W.
Harrington Smith, Jr., to approve the following resolution:
The above motion was approved by the following recorded
vote: Aye - Kenneth Y. Stiles, Dudley H. Rinker, Roger L.
Crosen and W. Harrington Smith, Jr. Nay - Charles W. Orndoff,
Sr.
. 1 ,
THIS AGREEMENT made and dated this day of
, 1990, by and between the BOARD OF SUPERVISORS
OF FREDERICK COUNTY, VIRGINIA acting for and on behalf of the
COUNTY OF FREDERICK, VIRGINIA, hereinafter referred to as
"County "; and the COUNCIL OF THE TOWN OF STEPHENS CITY,
VIRGINIA, acting for and on behalf of the TOWN OF STEPHENS
CITY, VIRGINIA, a political subdivision of the Commonwealth of
Virginia, hereinafter referred to as "Town ".
WITNESSETH:
WHEREAS, the Town, as an incorporated town, is an
integral part of the County of Frederick, Virginia, and as such
is subject to the jurisdiction of the Sheriff's Department of
Frederick County, Virginia; and
and
WHEREAS, the Town has a duly constituted police force;
WHEREAS, periodically a Deputy Sheriff of Frederick
County, Virginia requests either in person, by radio or through
central dispatch, the assistance of the Stephens City Town
Police in response to a call in Frederick County, Virginia
outside the territorial limits of the Town; and
WHEREAS, periodically a Deputy Sheriff of Frederick
County, Virginia advises the Stephens City Town Police either in
person, by radio or through central dispatch, that he is
indisposed and unable to answer a call in Frederick County,
Virginia, outside the territorial limits of the Town for which
reason he requests the assistance of the Stephens City Town
Police and furnishing such police services; and
WHEREAS, §15.1 -159.7 of the Code of Virginia, 1950 as
amended, provides that the governing bodies of counties and
towns whose boundaries are contiguous may enter into mutual aid
agreements for their mutual protection by the use of their
police forces, their equipment and materials all for their
mutual protection, defense and maintenance of peace and good
order; and
WHEREAS, §15.1 -131.3 of the Code of Virginia, 1950, as
amended, provides that the governing body of any county and town
may enter into a reciprocal agreement for cooperation in the
furnishing of police services; and
WHEREAS, it is the desire of the parties hereto to
cooperate each with the other in furnishing of their police
services for their mutual protection, defense and the
maintenance of peace and good order.
NOW, THEREFORE, in consideration of the premises, the
mutual promises and obligations hereinafter set forth and the
mutual benefits to accrue to the parties hereby and pursuant to
§15.1 -159.7 and §15.1 -131.3 of the Code of Virginia, 1950, as
amended, the parties hereto agree as follows:
1. The Town agrees to authorize, furnish and make
available, members of its police department, their equipment and
materials, to respond to calls for law enforcement services and
assistance in Frederick County, Virginia, outside the
territorial limits of the town as requested by the Sheriff
and /or Deputy Sheriffs of Frederick County, Virginia.
2. The County hereby reaffirms the responsibility of the
Frederick County Sheriff's Department to furnish and make
available members of their Department, their equipment and
materials to assist the Stephens City Town Police Force as
requested by the Chief of Police and /or the respective members
of the Stephens City Town Police Force, which assistance shall
be in addition to and not in lieu of any responsibilities within
485
the Town of Stephens City, Virginia currently required by law of
the Frederick County Sheriff's Department.
3. When acting pursuant hereto, all Policemen, Auxiliary
Policemen, Deputy Sheriffs, Law Enforcement Officials and Agents
of the cooperating departments shall have the same powers,
rights, benefits, privileges and immunities in both
jurisdictions, respectively, including the authority to make
arrests in the two jurisdictions.
4. If as a result of a request for assistance made of the
Town by the County:
(a) Any Town Police Officer or Reserve Police Officer
is injured, the County agrees to be responsible for any and all
workers compensation and medical care to such injured Officer;
(b) Any equipment or material is lost or damaged the
County agrees to reimburse Town therefore; and
(c) Any claim or demand is made against the Town or
the Officer, County agrees to indemnify and hold Town harmless
therefrom including the cost of a defense.
5. If as a result of a request for assistance is made of
the County by the Town in addition to any responsibilities
within the Town required by law:
(a) Any Sheriff or Deputy Sheriff or Law Enforcement
official or agent of the County is injured, the Town agrees to
be responsible for any and all workers compensation and medical
care to such Officer;
(b) Any equipment or material is lost or damaged, Town
agrees to reimburse County therefore; and
(c) Any claim or demand is made against the County or
the Officer, the Town agrees to indemnify and hold County
harmless therefrom including the cost of a defense.
6. This agreement may be reviewed and /or terminated by
either the Council of the Town of Stephens City or the Board of
Supervisors of Frederick County upon thirty (30) days written
notice to the other.
WITNESS the following signatures and seals:
BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA
By /s/ Kenneth Y. Stiles
Chairman
TOWN OF STEPHENS CITY
By /s/ Kenneth E. Cook
Chairman
Attest:
/s/ John R. Riley, Jr.
Attest:
/s/ Joyce J. Blevins
Clerk, Town of Stephens City
APPROVAL GIVEN BY THE BOARD TO ADVERTISE PARCEL OF
LAND RIDGE ROAD MILAM DRIVE "FOR SALE"
Upon motion made by W. Harrington Smith seconded by Roger L. Crosen, and passed
unanimously the Board hereby approves the advertisement of a certain parcel of
land approximately 7500 sq. feet in Frederick Heights Subdivision, off Ridge Rd.
Shawnee Magisterial District "For Sale"
40
Mr. Stiles explained where this was located and why it was
being sold. He further explained the County had taken similar
action on two other parcels during the last two years.
PLANNING COMMISSION BUSINESS
MASTER DEVELOPMENT PLAN - HUNTINGTON MEADOWS - CHAIRMAN
ei.....— e.r— - - ---
Mr. Stiles explained that he would not be in attendance for
the entire meeting on January 10, 1990 and he wanted to express
his opinion with regard to this master development plan. He
stated that he felt this development would help the current
traffic problems on Berryville Avenue.
ROAD RESOLUTION - STONEWALL INDUSTRIAL PARR - APPROVED
UNDER CONSENT AGENDA
BE IT RESOLVED, that the Virginia Department of
Transportation is hereby requested to add the following roads to
the Secondary System of Frederick County, pursuant to Section
33.1 -229 of the Code of Virginia, 1950, as amended.
Tyson Drive, (80' row( Stonewall Industrial Park
From: intersection of Route 861
To: 1830' (0.35 miles) West of
intersection with 861, as described in
Deed Book 733, Page 518 and on a plat
recorded in Deed Book 733, Page 519,
recorded December 13, 1989.
Total Length of Addition: 1830' or 0.35
mile.
AND BE IT FURTHER RESOLVED, that the Board does
guarantee the Commonwealth of Virginia an unrestricted right -
of -way of 80 feet as described in the above Deed Book and page
numbers with necessary easements for cuts, fills and drainage.
COMMITTEE REPORTS
PARRS AND RECREATION COMMISSION - APPROVED UNDER
CONSENT AGENDA
The Parks and Recreation Commission met on December 19,
1989. Members present were: Robert Roper, Donald Wilson,
Carmen Rio, Carole Ambrogi, Courtland Smith, Dudley Rinker.
The following action was taken:
st from Stephens City Boy Scouts to Hold 1
r Camporee at Sherando Park
Mr. Wilson moved to approve the request for the camporee to
be held February 16 -18, 1990, seconded by Mr. Smith, carried
unanimously (5 -0).
National Youth Sports Coaches Association Program
Mr. Wilson moved the Department take the necessary action
to become an official chapter for NYSCA, seconded by Mr. Smith,
carried unanimously (5 -0(.
um
FIRE AN D RESCUE COMMITTEE REPORT - APPROVED
The Fire and Rescue Committee met on Monday, December 18,
1989, at 7:30 P.M., in the Round Hill Volunteer Fire Company
facility. All companies were present. Also present were Board
member Roger L. Crosen, Emergency Services Coordinator Homer H.
Sanders and Fire Marshal Paul N. Stinnett.
The following items were discussed, however none require
Board..action at this time:
Emergency Services Coordinator's Report
Homer Sanders reported on his monthly activities which in-
cluded the following items:
(1) Attended LEPC (training exercise will be held on
February 17 and 18), Contingency Plan, and
coordination of central dispatch meetings. He also
reported that a follow -up exercise regarding hazardous
materials release will be held in June.
(2) Worked complaints regarding tire storage (problems
resglved) and,hazardous materials spills.
Fire Marshal's Report
Paul Stinnett repor .ed,,that. during the month, of December he
performed 44 inspections, five underground tank inspections, six
fire protection systems test, four investigations, two arrests
and issued five burning permits.
NFPA 150.0
The NFPA 1500 committee met during the month of December
and a report will be distributed at the next committee meeting.
PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT
AGENDA
The Public Works Committee met on Thursday, December 28,
1989, at 7:30 A.M. Present were Board members Charles W.
Orndoff, Sr. and W. Harrington Smith, Jr.; Committee members
Keith A. Tubandt and Chester A. Renner; County Administrator
488
John R. Riley, Jr.; and Assistant County Administrator Stephen
F. Owen.
The following items were discussed:
Information Only
The Committee reviewed all of the public works related
budgets, including: Buildings and Grounds, Emergency Services,
Refuse Collection, Refuse Disposal (Landfill), Animal Shelter,
Litter Control, Road Administration, Streetlights and General
Public Works Administration. Finance Committee changes were
noted and the Public Works Committee had no further changes.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by Dudley H. Rinker, seconded by W.
Harrington Smith, Jr. and passed unanimously, the Board retired
into Executive Session in accordance with Virginia Code, 1950,
as amended, Section 2.1 -344, Subsection A (1) to discuss
Personnel matters.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by Dudley H. Rinker, seconded by W.
Harrington Smith, Jr. and passed unanimously, the Board
of Supervisors withdrew from Executive Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the Board of Supervisors
reconvened into Regular Session. '
MERIT EVALUATION OF ROBERT W. WATKINS, PLANNING AND
DEVELOPMENT DIRECTOR - APPROVED AS SUBMITTED
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS, RDERED THAT T BOARD OF SUPERVISORS ADJOURN.
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C air an, Boar' f Supervisors Clerk' rEl Vdf Super isors