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HomeMy WebLinkAboutSeptember 28, 1983 Special Meeting243 A Special Meeting of the Frederick County Board of Supervisors was held on September 28, 1983, at 11:00 A.M., in the Board of Supervisor's Meeting Room, 9 Court Square, Winchester, Virginia for the purpose of conducting interviews for Finance Director. PRESENT S. Roger Koontz, Chairman; Will L. Owings; Rhoda W. Maddox and David L. Smith. Absent - William H. Baker and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Rhoda W. Maddox, seconded by Will L. Owings and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code (1950) Section 2.1 -344, Subsection A (1) to discuss Personnel matters. BOAR WITHDREW FROM EXECUTIVE SESSION Upon motion made by Rhoda W. Maddox, seconded by David L. Smith and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Rhoda W. Maddox, seconded by David L. Smith and passed unanimously, the Board reconvened into Regular Session. The Board recessed until 7:00 P.M. A Regular Meeting of the Frederick County Board of Supervisors was held on September 28, 1983, at 7:00 P.M., in the Board of Supervisor's Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT S. Roger Koontz, Chairman; Will L. Owings, Vice - Chairman; William H. Baker; Rhoda W. Maddox; David L. Smith and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order and asked that everyone observe a moment of silence. ADOPTION OF AGENDA Mr. Baker requested an Executive Session at the end of the meeting for a Personnel matter. He further requested that item number 2 under "Old Business ", "Public Hearing ", be moved to item number 1 under "Old Business" inasmuch as there were a number of County citizens present at this evening's meeting for discussion of this ordinance. Mr. Stiles requested time at the end of the meeting in order that the Board might discuss an item that had been sent to them under "Correspond- ence" in the Agenda. 249 Mr. Riley stated that he had a Memorandum of Understanding with reference to the sewer extension for the Winchester Memorial Hospital Project that he would like for the Board to review. Mr. Smith requested that Mr. Riley bring the Board up -to -date on the brick pavement that is currently being proposed for the Judicial Center. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the Agenda was adopted as amended. MR. HARMON G. BYRD, SR. AND MR. PAUL PARKER APPOINTED TO SHENANDOAH AREA AGENCY ON AGING - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, Mr. Harmon G. Byrd, Sr. was appointed to the Shenandoah Area Agency on Aging to replace Mrs. Margaret Rowe, whose term will expire the end of October, said term to expire September 30, 1986, and further that Mr. Paul Parker was appointed to fill the unexpired term of Dr. Muriel Brown, said term to expire on September 30, 1984. CAROLYN BEARD APPOINTED TO CHAPTER 10 BOARD TO FILL UNEXPIRED TERM OF MRS. PHOEBE SEAMAN - APPROVED Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, Ms. Carolyn Beard was appointed to the Chapter 10 Board to fill the unexpired term of Mrs. Phoebe Seaman, said term to expire December 31, 1985. RESOLUTION HONORING BRENDA L. MANGUM - APPROVED Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the following resolution was approved: WHEREAS, Brenda L. Mangum is a County 4 -H Member; and WHEREAS, Brenda was selected to attend the State 4 -H Congress in June, 1983, in Blacksburg, Virginia and was one of twelve 4 -H members selected to represent the East Central District as an Ambassador to promote 4 -H; and WHEREAS, this achievement has brought honor and credit to herself, her parents and to her community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors do hereby express their congratulations to Brenda L. Mangum. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Miss Mangum. l RESOLVED this 28th day of September, 1983. /s/ S. Roger Koontz /s/ Rhoda W. Maddox S. Roger Koontz, Chairman Rhoda W. Maddox /s/ Will L. Owings /s/ David L. Smith Will L. Owings, Vice- Chairman David L. Smith /s/ William H. Baker /s/ Kenneth Y. Stiles William H. Baker Kenneth Y. Stiles 25© ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors RESOLUTION IN HONOR OF AUTUMN R. PENCE - APPROVED Upon motion made William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the following resolution was approved: WHEREAS, Autumn R. Pence is a County 4 -H Member; and WHEREAS, Autumn, through State competition with her Achieve- ment Record Book, earned an all expense paid trip to the National 4 -H Congress in Chicago, Illinois, in November, 1983; and WHEREAS, this achievement has brought honor and credit to herself her parents and her community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors do hereby express their congratulations to Autumn R. Pence for her outstanding achievement. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Miss Pence. RESOLVED this 28th day of September, 1983. /s/ S. Roger Koontz /s/ Rhoda W. Maddox S. Roger Koontz, Chairman Rhoda W. Maddox /s/ Will L. Owinas Will L. Owings, Vice- Chairman /s/ William H. Baker William H. Baker ATTEST: /s/ John R. Riley, Jr. /s/ David L. Smith David L. Smith /s/ Kenneth Y. Stiles Kenneth Y. Stiles John R. Riley, Jr., Clerk Board of Supervisors UBLIC HEARING: REQUEST TO AMEND THE FREDERIC COUNTY CO DE, ADOPTED JULY 12, 1978, BY THE ADDITION OF SECTION 5 -3.1 TO ARTICLE 11, CHAPTER 5, TO PROHIBIT HUNTING IN A PARTICULAR SUBDIVISION KNOWN AS M OUNTAIN FALLS PARK (WILDE ACRES) - DENIED Mr. Riley read this ordinance amendment by title. Mr. Koontz read the following letter from Mr. Thomas Schultz, Attorney: My purpose in writing this letter is to advise you that my clients, pursuant to 15 -1, Code of Virginia, as amended, is respectfully asking that the Frederick County Board of Supervisors adopt an ordinance prohibiting all hunting of firearms or other weapons anywhere within the Subdivision known as Mountain Falls Park situated in Frederick County, Virginia. For your information 1 enclose herewith a copy of that plat which was prepared for Wilde Acres property owners and the deeds of dedication are enclosed. Mr. Baker asked if it was permissable for the representative of the District in which this particular ordinance applies to offer a statement relative to the ordinance prior to getting into this request and asked if 25-1 the Board had any objections. Mr. Baker made the following statement at this time: Mr. Baker stated that he would like to say to the citizens of Back Creek District and other Districts of Frederick County who were present at the meeting, prior to getting into a discussion on this ordinance, he did not know how the publication in the paper came about, that that was not his responsibility, that he did know that what was discussed with the Board prior to this becoming a public hearing pertained only to Mountain Falls Park and that which lies within the confines of the Park, not or within one -half mile of which he interpreted through the advertisement to be outside of the Park confines. He stated that he was representative of the Back Creek District and apologized to any inconveniences caused to the people of his District, or any other District, for their concerns relative to how this article read. Mr. Baker stated that that was all he had to say regarding the matter, that he had received enumerable comments relative to phone calls, etc. concerning this article. He further stated that again he was sorry that it came out that way, that it was incorrect as stated in the paper, and stated that he thought Mr. Riley would confirm that, and he personally apologized for any inconvenience caused any individual in attendance or those friends who might have evidenced some concern relative to the article that was in the paper. Mr. Koontz stated that there had been many phone calls about this. He stated that this was one group that hired Counsel, made a request to the Board of Supervisors and that was why they were present tonight. He stated that any group of people have the right to appear before the Board and make a request before the Board, and that people certainly had the right to oppose it, and that was the basis of the governing body that they have in the Country today, and the things that Democracy and Freedom are founded upon and stated that it must never be forbidden, his right to request and your right to request, your right to oppose and his right to oppose. Mr. Smith stated that he agreed with what Mr. Baker had said and he agreed with what Mr. Koontz had said, but that he thought the concern of the people in the room was, that if his understanding was right, and he had been hearing right, is the fact that they are bordering on something that is going to effect everybody in this room., and everybody's child in the room that hunts. He stated that he thought their concern was that it was going to set a precedent and they had already received, as they well knew, a number of requests by subdivisions and groups of people throughout the County concerning this and the half mile thing, and if this was going to be a precedent, that this is going to be something that was going to set a standard, that people are concerned about this and he was too. Mr. Thomas Schultz, Attorney for the Wilde Acres Property Owners Association, appeared before the Board stating there were approximately 2400 plotted lots in the Wilde Acres Subdivision. He presented a plat to the Board showing where these various lots were located as well as where the permanent dwellings were located withing the Subdivison. He further stated 252 that the matter of hunting had been of great concern to the Property Owners Association since the early seventies. Mr. Schultz further stated that because of an incident that happened last year the Board of Governors felt they had the authority by some general language in the conveyance and his advice to them was that they did not actually have that authority to prohibit hunting within Wilde Acres, therefore their only recourse was to come before the Board of Supervisors and request that they adopt a "No Hunting Ordinance ", and further that most of the residents in Wilde Acres have agreed not to hunt in Wilde Acres. He further stated that what the property owners were asking for is that there be a "No Hunting Ordinance" just in the Wilde Acres Subdivision. Mr. Stiles asked how many year around or permanent dwellings there were in Wilde Acres. Mr. Schultz replied between fifty and sixty. Mr. Stiles asked how many of these fifty or sixty are in active support of the ordinance. Mr. Schultz replied almost 100 %. Mr. Stiles asked if the property owners had been notified that the ordinance was being requested by the Board of Governors. Mr. Schultz replied that they had. Mr. Stiles asked Mr. Schultz where, in his opinion, the ordinance, if passed, would leave the property owners who in fact bought the property for the purpose of hunting, or with the understanding that there were hunting rights within the Subdivision. Mr. Schultz replied that they were originally told that they could hunt on the developer's land but in fact now the developer no longer owns the land. Mr. Owings stated that what he was really asking them to do was to pass an ordinance prohibiting hunting on the 2400 lots and the County to enforce an ordinance on private property when it would be so simple for those people to post a "NO TRESPASSING" sign, and when he looked from where the houses were located, anybody would be a darn fool to try and go in there and hunt. The following property owners of Wilde Acres appeared before the Board in favor of this ordinance request: Mr. Ted Dillon, Mr. Bill Sobsczak, Mr. Minure, Mr. Leininger, Mrs. Martin, Mr. Donald Black, Mrs. Stevenson and Colonel Hess. The above citizens gave their various reasons, mainly safety, for making this request of the Board. 253 The following persons appeared before the Board opposing the passage of this ordinance: Mr. Richard Madigan, Mr. Dave Fahnestock, President of the Winchester- Frederick Conservation Club and Mr. Dan Nagy. Mr. James Robinson appeared before the Board and stated that he was a resident of Mountain Falls Park and that he was against hunting in the Park but he did not feel the ordinance was the answer, that he did feel that it was up to each property owner to post their own land. Mr. Arnold Rhine appeared before the Board and stated that in the beginning of Mountain Falls Park, the sale of these lots was promoted through the property owners being able to hunt on this property and now they were saying no. Mr. Jim Letterman, Mr. Lynwood Williamson, Mr. Thomas Sixma, Mr. John Hawse and Mr. Jeff Taylor also appeared before the Board opposing this ordinance. Mr. Baker asked Mr. Ambrogi to elaborate on the State allowing one -half mile boundary. Mr. Ambrogi stated that it was not a State law, it was a State enabling statue that allows Counties to adopt certain ordinances such as this one. He stated that in effect what it says is that the County can prohibit hunting in or within a half mile radius of a subdivision that the Board feels that is so densiy populated, whereby hunting would be dangerous to the inhabitants. Mr. Steve Rosenberger appeared before the Board opposing this ordinance s did Mr. Richard Anderson and Mr. Thomas Bennett. Mr. Schultz appeared before the Board at this time for his rebuttal on hat had been said by those that appeared opposing the passage of this , ainance. Mrs. Maddox asked for clarification on who actually has the right to unt at Mountain Falls Park according to the first deeds that were written hen this property was sold. Mr. Schultz explained how at one time when the developer owned the roperty, people were entitled to hunt, but now that the developer, in most ases, no longer owned the property, the hunting privilege no longer xisted. Mr. Stiles asked if at this point the Board was just debating over 'hether the lawyers and real estate agents lie. Mr. Koontz told Mr. Stiles that that type of remark was uncalled for. 254 Mr. Robinson appeared before the Board and stated that it was his understanding that the land in the upper right hand corner of the map that Mr. Schultz had presented to the Board had been reserved for hunting and in fact this land had been sold. The Board recessed. Mr. Baker stated that he agreed with some of the statements that had been made and disagreed with some and at this time he would like to make a motion to deny this ordinance request. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the request for a "No Hunting Ordinance" in the Wilde Acres Park was denied. OLD BUSINESS BOARD DISCUSSED PROPOSED SWIMMING POOL WITH MR. CHEEL Ktl. I UK Mr. Smith asked why all of the study concerning this proposed pool was not done in house. Mr. Riley stated that some of it was but there were certain areas, such as soil analysis, etc. , which had to be a part of the study and could not be done in house. Mr. Stiles asked how much money would be coming from the State in the form of a Grant concerning the funding of this pool. Mr. Cheely stated that he was not sure but that 1.5 million dollars had been budgeted for the entire State. Mr. Baker stated that he had attended the Commission meeting when this was discussed and it was his understanding that all of the necessary data would be compiled and a full report would then be forthcoming to the Board. Mr. Cheely stated that was correct. MEMORANDUM OF UNDERSTANDING Mr. Riley read the following Memorandum of Understanding with reference to the sewer extension on Merrimans Lane for the Winchester Memorial Hospital Project: The Board of Supervisors, meeting in regular session on September 14, 1983, took the following action in reference to the sewer main extension for the Winchester Memorial Hosptial Project: 1. Increase main size from 15 inches to 18 inches to serve approxi- mately 1000 acres in the Abrams Creek watershed West of the City limits of Winchester. 2. The County will agree to pay the cost differential between the 15 inch and 18 inch line. Cost to be determined through bidding procedure. 255 3. Method of payment will be through the Frederick County Sanitation Authority as the actual costs are incurred. 4. Funds will come from unallocated surplus and estimated costs as provided by the Hospital's Consultant/ Engineer will not exceed $82,000. 5. Cost recovery will be accomplished by having the Frederick County Sanitation Authority connect to the line through a meter and the City will wholesale wastewater to the Frederick County Sanitaion Authority. The Authority will then provide service to any development occurring in the County and repay the County from connector's fees that are collected due to that development. Other methods of cost recovery agreed to by the Authority may be used. 6. It is understood that connections in this proposed service area will be County customers and that this proposed service area will have impact on the County's capacity in the new Regional Wastewater Treatment Plant. JOINT PUBLIC HEARING The following Planning Commission members were present for the Joint Public Hearing: Mr. French Kirk, Col. Lynn Myers, Mr. Jim Golladay, Mr. Frank Brumback, Mrs. Marjorie Copenhaver and Mr. Manuel DeHaven. Mr. Horne stated that the Board had scheduled a public hearing with the Frederick County Planning Commission for adoption of the Residential Performance Zoning Districts on September 28, 1983, and in order to accomplish the objectives of this ordinance it was necessary to amend both the Zoning and Subdivision Ordinances. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE I, SECTION 21 -1; DELETE ARTICLES V, VI, V11 AND X: AMEND ARTICLE XV111, SECTION 21 -145: AND REPLACE ARTICLES V AND VI WITH RESIDENTIAL PERFORMANCE DISTRICT AND MASTER DEVELOPMENT PLAN REGULATIONS. THIS ORDINANCE WILL REPLACE THE EXISTING R -1, R -2, R -3 AND R -6 ZONING REGULATIONS WITH THE RESIDENTIAL PERFORMANCE DISTRICT REGULATIONS: INSTITUTE MASTER DEVELOPMENT PLAN REGULATIONS; AND REQUIRE A SITE DEVELOPMENT PLAN FOR CERTAIN LAND USES WITHIN THE RESIDENTIAL PERFORMANCE ZONING DISTRICT. Mr. Brumback stated that a lot of work had gone into these ordinance amendments and he would like to thank everyone who had given so much of it time on this project and especially the Planning Department staff. Mr. Joe Massie, local Attorney, appeared before the Board and stated t he was Executor of an Estate that owned property on Senseny Road and t the 100 foot buffer that was part of this ordinance concerned him with to this property. Mr. Horne stated that this could be appealed to the Board of Zoning ppeals. Mr. Kit Molden, President of the Top of Virginia Builders Association, peared before the Board and stated that he would like to thank the 256 Planning Commission and the Planning staff for all their work on these ordinance amendments. Upon motion made by French Kirk, seconded by Colonel Myers and passed unanimously, the above ordinance amendment was approved by the Planning Commission. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the above ordinance was approved by the Board of Supervisors. (A copy of this ordinance amendment is on file in the Planning and Development Office.) AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISION OF LAND, TO READOPT ALL OF CHAPTER 18 INCLUDING ARTICLES 1, 11, 111, IV, V AND V1. THIS ORDINANCE WILL RE- CODIFY ALL OF CHAPTER 18 AND INCLUDE PROVISIONS TO COORDINATE THIS CHAPTER WITH THE REQUIREMENTS OF THE NEW RESIDENTIAL PERFORMANCE DISTRICT OF CHAPTER 21, ZONING. THE ORDINANCE WILL ALSO TRANSFER FINAL SUBDIVISION PLAT APPROVAL TO THE PLANNING COMMISSION, AFTER THE FINAL MASTER DEVELOPMENT PLAN IS APPROVED BY THE BOARD OF SUPERVISORS. THE ORDINANCE ALSO CHANGES CERTAIN STORMWATER DRAINAGE REGULATIONS. Upon motion made by Jim Golladay, seconded by Colonel Myers and passed unanimously, the above ordinance amendment was approved by the Planning Commission. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the above ordinance amendment was approved by the Board of Supervisors. (A copy of this ordinance amendment is on file in the Planning and Development Office.) BOARD DISCUSSED CURRENT STATUS OF SHAWNEELAND WITH REFERENCE TO BANKRUPTCY COURT AND WHAT ACTION THE BOARD SHOULD TAKE AT THIS TIME Mr. Riley stated that he had received a letter from Mr. Chandler and also had talked with him late this afternoon by phone and at that time he stated that he had more items to be addressed and that he would be back in touch with him by next week. Mr. Stiles stated that inasmuch as the plan, that had been submitted to the Board as a possible solution, and as submitted by Mr. Herman, had not materialized and that Mr. Chandler should be notified that this plan is no longer acceptable by this Board. The Board discussed this with Mr. Ambrogi and Mr. Ambrogi stated that he felt the County should leave all doors open and not shut the door on any possible plan in order that this situation might be resolved. 257 Mr. Don Lamborne appeared before the Board and stated that he would be nappy to answer any questions that he could and further stated that he had hopes of coming up with a good package for the County and payment of all pack taxes on Shawneeland by October 16, 1983. Mr. Stiles asked if the Courts had been notified that the Homeowners could not come up with the amount of money needed in order to bail 3hawneeland out and that in fact the money had been returned to the property )wners that had made a donation. Mr. Stiles stated that the County was not willing to accept five percent of sales in order to satisfy the debt owed to the County by Shawneeland. Mr. Owings stated that the figures that had been discussed this evening ✓rere not the figures that had been given to the Board the night that they agreed on the letter of intent from Mr. Herman. Mr. Koontz asked Mr. Stiles if he had the documents he had been -eferring to or was he just going on what someone had told him. Mr. Stiles stated that he had a copy of the papers. He stated that he iad been contacted by several citizens in Shawneeland concerning this and he n return had gotten in touch with Mr. Lamborne. Mr. Riley was requested to contact Mr. Chandler concerning the above. BOARD DISCUSSED REQUEST FOR BRICK IN PLACE OF CONCRETE PAVEMENT FOR SECTION OF SIDEWALKS AT THE JUDICIAL CENTER Mr. Riley stated that this would be going to the full Committee at :heir next meeting. Mr. Stiles asked if there were funds available in the Contingency Fund . or this expense which is $25,184. Mr. Riley replied yes, at this time, there were. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and )assed unanimously, the Board retired into Executive Session in accordance Nith Virginia Code (1950) Section 2.1 -344, Subsection A (1) to discuss 'ersonnel matters. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and )assed unanimously, the Board withdrew from Executive Session. RD RECONVENED INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and )assed unanimously, the Board reconvened into Regular Session. 258 BARBARA W. RATCLIFF APPOINTED COUNTY FINANCE DIRECTOR Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, Mrs. Barbara W. Ratcliff was appointed as County Finance Director at a salary of $19,631.00. PERSONNEL DIRECTOR REQUESTED PERMISSION TO FILL TWO VACANT onci Mrs. Kelican requested permission to fill two recently vacated positions, one in the Commissioner of the Revenue's Office and the other in the Inspections Department. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, permission was given to fill the two vacant positions as mentioned above. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. cl tit /, r , Board of Supervis rs