HomeMy WebLinkAboutJanuary 28, 1987 Regular Meeting13'7
A
Regular
Meeting of the
Frederick
County Board of
Supervisors was
held on
Janury
28, 1987, 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; Will L. Owings, Vice - Chairman;
Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William
Orndoff, Jr.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by the Reverend Homer Cornish of the
Presbyterian Parish.
ADOPTION OF AGENDA
Mr. Stiles noted that under "Public Hearings ", Athey Trucking Company
has been tabled and would be heard at the meeting of February 11, 1987.
Mr. Owings and Mr. Rhodes stated that they had appointments under
"County Officials ".
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the Agenda was adopted as amended.
APPROVAL OF MINUTES
Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff,
Jr. and passed unanimously, the minutes of the regular meeting of December
10, 1986 were approved as submitted.
Mr. Riley noted that in the minutes of the special meeting of December
18, 1987, the line item numbers "1101" should read 11 4204 ".
Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throck-
morton and passed unanimously, the minutes of the special meeting of
December 18, 1987 were approved as amended.
Mrs. Maddox noted that there was not an Executive Session at the
special meeting of December 31, 1987 as indicated in the minutes.
Upon motion made by Rhoda W. Maddox, seconded by Thomas B. Throck-
morton and passed unanimously, the minutes of the special meeting of
December 31, 1987 were approved as amended.
NT TO SHENANDOAH AREA AGENCY_ ON AG AND
The appointment to the Shenandoah Area Agency on Aging and the
reappointment /appointment to the Board of Building Appeals was tabled.
138
AMERICAN HISTORY MONTH PROCLAMATION - APPROVED
Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff,
Jr. and passed unanimously, the following proclamation was approved:
WHEREAS, the backbone of this great nation of America
is its history, upon which all of our accomplishments are based;
WHEREAS, American History must be preserved and
remembered by all, young and old;
WHEREAS, the Daughters of the American Revolution is now
and always has been a living history of the growth of our nation, and
stresses the importance of remembering American History through such
valuable community services as educational programs, essay contests and
such; and
WHEREAS, both the importance of remembering American
History, and the contributions made to our society by the Daughters of the
American Revolution should be duly noted;
NOW, THEREFORE, I, Kenneth Y. Stiles, do hereby
proclaim the month of February, 1987, to be AMERICAN HISTORY
MONTH in the County of Frederick and I urge all Frederick County residents
to join with me this month in recognizing the importance of American
History in our lives, and in recognizing the community service performed by
the Fort Loudoun Chapter, Daughters of the American Revolution, in our
area.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal this 28th day of January, 1987.
/s/ Kenneth Y. Stiles
Kenneth Y. Stiles, Chairman
/s/ Will L. Owings
Will L. Owings, Vice - Chairman
/s/ Robert M. Rhodes
Robert M. Rhodes
ATTEST:
/s/ John R. Riley, Jr.
John R. Riley, Jr., Clerk
Board of Supervisors
RE
OM STATE WA
/s/ Rhoda W. Maddox
Rhoda W. Maddox
/s/ Thomas B. Throckmorton
Thomas B. Throckmorton
/s/ C. William Orndoff, Jr.
C. William Orndoff, Jr.
BOARD RE: PLAN FOR
Mr. Stiles stated that with the Board's concurrence he would like to
refer this to the Stream Standards Committee.
JULIAN CARPER
D TO THE TRANSPORTA'
Upon motion made by Will L. Owings, seconded by C. William Orndoff,
Jr. and passed unanimously, Julian Carper was appointed to the Transporta-
tion Committee as a representative from Opequon District, said term to
commence January 28, 1987 and to expire on January 14, 1988.
T WO APPOINTMENTS TO BE FILLED FROM BACK CREEK MAGISTERI
Mr. Rhodes noted that Mr. Nick Nerangis' term on the Sanitation
Authority expires in April and he has indicated that he does not wish to be
139
reappointed. He also noted that Mr. Roger Milburn has resigned from the
Parks and Recreation Commission. Mr. Rhodes requested if any citizen with-
in his district Is interested in serving in either of these positions to
please get in touch with him.
SCHOOL BOARD FUNDIN
The request from the School Board for funding with reference to Dowell
11 J. Howard was referred to the upcoming joint budget worksession.
REQUEST FROM VIRGINIA PRIDE FRUIT PACKERS - APPROVED
Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and
passed unanimously, the request of Virginia Pride Fruit Packers to extend
the water main to their building in order to serve fire hydrants and to
provide domestic water service to the site was approved.
1RY MASTER DEVELOPMEN
MAGISTERIAL DISTRICT -
Mr. Watkins, Planning and Development Director, presented this request
and stated that the Planning Commission recommended approval.
Mr. Scott Marsh, of G. W. Clifford Associates, appeared before the
Board on behalf of this request.
There was no opposition.
Upon motion made by Thomas B. Throckmorton, seconded by Robert M.
Rhodes and passed unanimously, the preliminary master development plan of
Greenwood Heights was approved.
ZONING APPLICATION #024 -86 OF FR
^KICUFAI I 1AAI'ICTC0IAI nicroir T -
Mr. Throckmorton stated that he was provided a copy of the transcript
from the meeting of January 28 and that he was prepared to vote on this
request.
Mr. Stiles stated that he would allow each side five (5) minutes to
recap their arguments and at that time the Board would vote on this
request.
Mr. Clinton Ritter, Jr., Attorney, speaking on behalf of Mr. Moulden,
stated that the Board had requested that a representative of the Highway
Department be present in order that the Board might clarify some questions
with regard to this location and he felt now would be the time for the
Hoard to ask these questions.
Mr. Ben Butler, Attorney representing the developers, appeared before
the Board to summarize his client's request. He stated that the Planning
14
staff recommended approval of this request and he felt that the Board
should take the recommendation of their staff and approve the request. He
further stated that he did not feel that traffic conditions in this area
should be the sole issue in deciding whether this request should be
approved or denied.
Mr. Bill Sandy, area resident, appeared before the Board to oppose
this request as he felt this was zoned residential and should not be
changed and that this type of business would definitely create a traffic
problem in this area.
Mr. Bill Bushman, Resident Engineer with the Virginia Department of
Highways and Transportation, appeared before the Board at this time to
answer questions of various Board members.
The Board discussed the traffic light speed limits, traffic lanes,
etc., in this area with Mr. Bushman. His reply was that he did not feel
there are any problems, and if so, they are not of the magnatude to warrant
any changes at this time by the Highway Department.
Mrs. Maddox asked what would the Highway Department require of the
developer.
Mr. Bushman replied nothing more than a commercial entrance.
Mr. Throckmorton asked how can the Board require something that the
Highway Department does not.
Mr. Stiles replied that they could not.
Mr. Orndoff stated that he had had a difficult time with this request
from the traffic standpoint.
Upon motion made by C. William Orndoff, Jr. and seconded by Robert M.
Rhodes, to deny rezoning application number 024 -86 of Frail Developers,
Inc., c/o Mr. Benjamin Butler, 11 South Cameron Street, Winchester,,
Virginia, to rezone 1.310 acres, located approximately 300 feet North of
the I -81 interchange at Stephenson, lying on the West Ssde of U.S. Route
11, from RP (Residential Performance) to B -1 (Business Limited). This
property is identified as Parcel 100 on Tax Map 43 in the Stonewall
Magisterial District.
The above motion was passed by the following recorded vote: Aye -
Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and C.
William Orndoff, Jr. Nay - Thomas B. Throckmorton.
ELLEN AND SHERMAN SUMNER, COUNTY RESIDENTS, ADDRESSED THE
TER A
1 41
Mr. and Mrs. Sherman Sumner, County residents living in Shawnee
District, appeared before the Board to complain about water and sewer
damages done to their home in October, 1986. The Sumner's felt that this
is a City problem as their water and sewer is provided by the City of
Winchester, however, the City has notified the Sumner's that their insur-
ance carrier will not take care of the claim. Mrs. Sumner further stated
that as County citizens they did not feel that the County had provided them
any type of assistance in this matter.
Mr. Stiles stated that this was a legal matter and that on behalf of
the Board he would advise Mr. and Mrs. Sumner to retain the services of an
Attorney and sue the City in order to get this resolved.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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