July 30, 1987 Special Meeting27?
A Special Meeting of the Frederick County Roard of Supervisors was
held on July 30, 1987, 10 :30 A.M., in the Roard of Supervisor's Meeting
Room, Frederick County Courthouse, Lnudoun Street Mall, Winchester,
Virginia.
PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice - chairman;
Robert M. Rhodes; Thomas R. Throckmorton and C. William Orndoff, Jr.
Absent - Rhoda W. Maddox.
PRESENT FROM EPA Harold Yates, Public Affairs Specialist; Toni
Rebalon, FPA Project Manager; Kevin Mayberry, Corp. of Fngineers, Project
Manager; Rruce Mackey, Hart Associates, Project Manager; James P. Miller,
Project Officer in charge.
Also present were Mr. Paul Rhinehart, owner of the Tire Fire Site and
Mr. Ren rutton from Congressman Slaughter's office.
CALL TO OR PER
The Chairman called the meeting to order and asked that everyone
observe a moment of silence.
Mr. Yates appeared before the Roard and stated that EPA would be hesi-
tant to give a date at this time for the completion of their project at the
Rhinehart property.
Mr. Rruce Mackey, Project Manager, Hart Associates, appeared before
the Roard and by way of slides and a map explained to the Roard what his
company had accomplished during Phase I and what they planned to accomplish
during Phase 11. He stated that they did not find anything that would
cause a major impact on the water supply that eventually empties into the
Potomac River. He further stated that all wells that were dug immediately
following fires would he checked during Phase 11.
Mr. Rhinehart stated that Mr. Yates had visited the site on Wednesday
and they had walked throughout the area at which time they noticed that
frogs were hack in the ponds and that the seepage is now running clear
where before it was black.
Mr. James Miller staters that because of what happened to some of the
area streams because of the runoff from the fire they needed to know if any
of this was still in the streams as well as the seepage from the slopes.
Mr. Miller further staters that the seepage was not noticed in the very
beginning.
Mr. Rhodes questioned when this seepage was first noticed.
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Mr. Mackey stated that they should he out of the field by the end of
October with the final report finished by the end of January or February.
Mr. Stiles asked Mr. Miller if based on what he knows up to this
point, if he would say that any action would he necessary.
Mr. Miller replied "no but in my 28 years as an engineer I have
learned that mother nature is smarter than I am".
Mr. Stiles asked if a problem does exist as a result of the final
report then whose obligation would it he to correct the problem.
Mr. Yates replied that the superfund would pay for what needed to he
done and the law states that the responsible party would reimburse FPA.
Mr. Stiles asked what the remedial cost would be, including Phase 11.
Mr. Yates replied approximately 5400,000.
Mr. Rual Anderson, County resident, appeared before the Roard and
stated that he did not feel that FPA was justified in spending this kind of
money and that this project does not need to he pursued.
Mr. Yates replied that this is the law and that FPA is locked in more
or less and they have to proceed.
Mr. Rhodes asked when was the site last tested for the seepage.
Mr. Mackey replied in September of 1986.
Mr. Stiles stated that the information just presented to them was a
year old. He further stated to all the FPA 'Officials, as well as Mr.
Mackey and Mr. Miller, that "you have spent S40n,o00 of taxpayers' money
and you haven't been to the site in one year ".
Mr. Rhodes stated that he felt this was very poor coordination with
all agencies and a complete waste of public funds.
Mr. Mike Iloland, Riology Teacher, James Wood High School, asked about
project precedence.
Mr. Rhinehart stated that he would he "mead and in my grave before a
final decision is rendered on this matter. I'm sick and tired of the whole
matter ".
Mr. Putton, representative from Congressman Slaughter's office, re-
cluested that a copy of the full report be sent to Mr. Rhinehart and the
County Administrator's office.
BOARD OF EO11ALIZATInN TO BE PAID $75 PER DAY
Ilpon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, to pay members of the Roard of Fqualization $75 per
day.
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PARKWOOD CIRCLE IN PARKWOOD MANOR TO BE TAKEN INTO THE
ccrnunA0V cvcTFRA OF T14F VIRGINIA hFPARTIIAFNT OF HIGHWAYS
Upon motion made by Thomas R. Throckmorton, seconded by Robert AA.
Rhodes and passed unanimously, the following resolution was approved:
BE IT RESOLVED, That the Virginia I'lepartment of
Transportation is hereby requested to add the following road to the
Secondary System of Frederick County, pursuant to Section 33.1 -229 of the
rode of Virginia, 1950, as amended.
Parkwood circle, Parkwood Manor, 522 feet (.10 tenths of a mile) from
Route 657 (Senseny Road) North to dead end or cul- de-sac as descrihed in
Ned Rook 625, Page 780, and Deed Rook 639, Page 639, dater) August 29,
1985.
AND BE IT FURTHER RESOLVED. That the Roard does
guarantee the commonwealth of Virginia an unrestricted right- of-way of 50
feet as described in the above deer) hook and reference page numbers with
necessary easements for cuts, fills and drainage.
APPROVAL OF RESOLUTIONS ON BUFFLIC_K ROAD (WINCHESTER
Upon motion made by Thomas R. Throckmorton, seconded by r. William
Orndoff, Jr. and passed unanimously, the following three resolutions were
approved:
WHEREAS, the Roard of Supervisors of the County of
Frederick, Virginia wishes to improve access to the Winchester Regional
Airport and surrounding industrially zoned land; and,
WHEREAS, said facility is located in the County of
Frederick, Virginia; and,
WHEREAS, the Southern access must be upgraded to
improve regional industrial location access; facilitate traffic loop
patterns around the regional facility; improve and encourage compatible
airport growth patterns; enhance access for industrial users; remove mixed
residential and airport traffic; and promote and facilitate industrial
access;
NOW, THEREFORE, BE IT RESOLVED, That the Roard of
Supervisors of the County of Frederick, Virginia does hereby request
industrial access funding from the Virginia Pepartment of Transportation
provided that land, rightrof -ways, easements, etc. he acnuired by the
Airport Commission consistent with their fiscal plans and in accordance
with §33.1 -221 of the rode of Virginia, 195e, as amended.
RE IT FURTHER RESOLVED, That the Roard of
Supervisors of the County of Frederick, Virginia does hereby guarantee the
right-of-way and adjustment of utilities for the proposed improvement for
industrial access funds he provided at no expense to the Industrial Access
Fund.
WHEREAS, the Roard of Supervisors of the County of
Frederick, Virginia wishes to improve access to the Winchester Regional Airport
accordance with Section 33.1 -221 of the Code of Virginia for access roads to
publicly owned airports; and,
WHEREAS, said facility is located in the County of
Frederick, Virginia; and,
WHEREAS the Southern access must he upgraded to improve
regional location access; facilitate traffic loop patterns around the regional
facility; improve and encourage compatible airport growth patterns; enhance use
industrial users located in the Southern portion of the Winchester - Frederick
County region; remove mixed residential and airport traffic; promote and
274
facilitate airport access from all areas within the region; and complete the pla
for total facility access from Route 50 and Route 522;
NOW, THEREFORE, BE IT RESOLVED. that the Roard of
Supervisors of the County of Frederick, Virginia does hereby request funding
the Virginia hepartment of Transportation for airport access provided that tarn
right - of - ways, easements, etc., he acquired by the Airport Commission consist
with their fiscal plans.
BE IT FURTHER RESOLVED, That the Roard of Super-
visors of the County of Frederick, Virginia does hereby guarantee the right -of
and the adjustment of utilities for the proposed improvement for airport access
funds he provided at no expense to the Airport Access Fund.
The Frederick County Transportation Committee recommends support of
placing the Rufflick Road/ Winchester Airport Industrial Access Road
Improvement Project on the 1988 -89 Six Year Secondary Road Improvement
Major Project List. The project will incorporate Industrial, Airport, and
Secondary Road funds for the proposed new access road connecting with Route
.522 South and for proposed improvements to the existing Rufflick Road. The
Transportation Committee further recommends that the existing connection of
Rufflick Road and Route 522 South he realigned to Improve site distance;
and that upon the construction of the new airport/ industrial access road,
Rufflick Road he improver] with a cul- de-sac or a limited residential access
land to provide improved safety and residential traffic separation from
airport and industrial uses and that the replaced portion of the existing
Rufflick Road right -of -way he abandoned when necessary and made part of the
Winchester Airport.
The Frederick County Transportation Committee recommends support of
this project with a combination of Airport and Industrial Access Funds, as
well as considering Secondary Road Improvement Funds during the 198849
Road Improvement Planning process.
NOW, THEREFORE, BE IT RESOLVED, That the, Roard of Super-
visors of the County of Frederick, Virginia, does hereby endorse the
foregoing recommendation.
MEMORANDUM OF UNDERSTANDING - FREDERICK -WINCH
SERVICE AUTHORITY - APPROVED
Mr. Stiles presented this memorandum.
Upon motion made by Robert �A. Rhodes, seconded by Thomas R.
Throckmorton and passed unanimously, the following memorandum of
understanding was approved:
(A) Membership on the Authority will he the prerogative of the
respective governing holies.
(R) Contractual relationship with the FWSA for operation of the
Wastewater Treatment Plants will he as follows:
(1) City will contact with FiNSA to run Operyuon Wastewater
Treatment Plant.
(2) Fred -Winc Service Authority will contract with the Frederick
County Sanitation Authority to run Stephens Run and Lakeside
Wastewater Treatment Plant.
(3) If the Frederick County Sanitation Authority does not wish
to contract; Fred -Wine Service Authority will employ plant
operator for Stephens Run and Lakeside Wastewater Treatment
Plants.
(4) City is willing to run cost /benefit figures to consider
economic feasibility of contractual relationship vs.
Fred -Winc Service Authority operating Wastewater Treatment
Plant after one year of operation of the Regional Wastewater
Treatment Plant.
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(5) rity agrees that all portions of Regional Wastewater
Treatment plant are to he accessihie to all parties in the
wastewater treatment service area (lahs, vehicles and
ertuipment).
�Ar. Orndoff rerauested that the rntinty Administrator check into what
the hold ijp is on the traffic light on Route 11 Morth.
UPON MOTION P1ILY AAADF, SErONDFD AND PASSED IINANIMOIISLY,
"nRrP%ERFP AT THE OARD OF SIIPFRV ISORS ADJOURN. upervisors r erk, Roard of Su ervisors