HomeMy WebLinkAboutFebruary 11, 1987 Regular Meeting142
A Regular Meeting of the Frederick County Board of Supervisors was held
on February 11, 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 Conrad Christianson with
the Bethel Lutheran Church.
ADOPTION OF AGENDA
Mr. Stiles stated that application number 006 -87 of Girish T. and
Nitila G. Patel had been withdrawn.
Mr. Orndoff stated that he had a letter of resignation 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.
STREAM STANDARDS COMMITTEE ABOLISHED
Mr. Stiles stated that due to the inactiveness of the Stream Standards
Committee and with the concurrence of the Board he would move to abolish
this Committee.
The Board concurred.
RYLAND S. CARPER REAPPOINTED TO THE BOARD OF BUILDING
APPEALS
Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff,
Jr. and passed unanimously, Ryland S. Carper was reappointed to the Board of
Building Appeals, said term to commence on February 11, 1987 and to expire
on February 11, 1992.
APPOINTMENT TO SHENANDOAH AREA AGENCY ON AGING AND ANIMAL
CARE AD -HOC COMMITTEE - TABLED
The appointment to the Shenandoah Area Agency on Aging and to the
Animal Care Ad -Hoc Committee was tabled until further notice.
FFA WEEK RESOLUTION - APPROVED
Mr. Riley read the following resolution:
WHEREAS, the FFA with high school agriculture is a strong force for
America's agriculture;
^fi n
WHEREAS, the FFA and high school agriculture are changing to provide
training for the new high -tech careers of agriculture;
143
WHEREAS, members of the FFA are playing an outstanding role in
assuring the future progress and prosperity of our nation;
WHEREAS, the FFA motto - "Learning to do, doing to learn; earning to
live, living to serve" - gives a direction of purpose to these future
leaders of the new fields of agriculture; and
WHEREAS, the FFA performs the valuable service of developing
leadership, encouraging cooperation, promoting good citizenship, teaching
modern information and inspiring patriotism among its members;
THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the
County of Frederick, Virginia, does hereby designate the week of February
14 through 21, 1987 as FFA Week.
/s/ Kenneth Y. Stiles
Kenneth Y. Stiles, Chairman
/s/ Rhoda W. Maddox
Rhoda W. Maddox
/s/ Will L. Owings
Will L. Owings, Vice - Chairman
s
/s/ Robert M. Rhodes
Robert M. Rhodes
ATTEST:
/s/ John R. Riley, Jr.
John R. Riley, Jr., Clerk
Board of Supervisors
/s/ Thomas B. Throckmorton
Thomas B. Throckmorton
/s/ C. William Orndoff, Jr.
C. William Orndoff, Jr.
Upon motion made by C. William Orndoff, Jr., seconded by Rhoda W.
Maddox and passed unanimously, the above resolution was approved.
Two members of the local chapter were present to accept this resolu-
tion.
J. PATRICK RUSSELL RESIGNS FROM BOARD OF ZONING APPEALS
Mr. Orndoff stated that he had received a letter from Patrick Russell
stating that due to his business schedule he would be unable to continue his
service on the Board of Zoning Appeals. Mr. Orndoff stated that he would be
submitting an individual's name to the Circuit Court Judge in the near
future to fill the unexpired term of Mr. Russell and he requested that a
letter be sent to Mr. Russell thanking him for his service on this Board.
PLANNING COMMISSION BUSINESS
BDIVISION -
SECTIO
Mr. Watkins, Planning and Development Director, presented this request
and stated that the Planning Commission recommended approval.
Mr. Rex Wakeman appeared before the Board on behalf of this request.
Upon motion made by Rhoda W. Maddox and seconded by C. William Orndoff,
Jr., to approve the revised subdivision request of Wakeland Manor.
The above 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. Thomas B. Throckmorton abstained.
144
UEST FROM BRADBE CO
N COMPANY. INC. FOR
Mr. Riley presented this request and stated that he could see no reason
why the sewer and water lines could not be connected to the existing lines
for the recently approved Holiday Inn addition on Route 50 East.
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, the request from Bradbern Construction
Company, Inc. for connection to existing sanitary sewer system was
approved.
PUBLIC HEARINGS
REZONING APPLICATION #020 -86 OF _A THEY TRUCKING COMPANY -
Mr. Watkins presented this request and stated that the Planning
Commission recommended the following for this request:
1. To approve the rezoning of the Western parcel, identified
as Parcel B (containing the existing building) to M -1
(Light Industrial) .
2. To deny the rezoning of the Eastern parcel identified
as Parcel A to M -1 (Light Industrial).
Mr. Joseph Massie, Attorney, appeared before the Board representing Mr.
and Mrs. Athey who own one parcel and also Mr. Athey and his son who own the
second parcel. Mr. Massie stated that the Athey's had acquired this land a
number of years ago and now they would like to expand their current trucking
business and part of this land would be used for a terminal.
Mr. Larry Peters, Private Investigator from Winchester, appeared before
the Board and presented certain data with reference to the question of noise
that he had obtained from some citizens living in this area, as well as
pictures of the Athey property and scheduling of the truck traffic moving in
and out of the Athey property.
Mr. Joseph Athey stated that he had nothing to say at this time.
Mr. Bill Tisinger, Attorney representing Mr. James Bowman, appeared
before the Board to speak against this rezoning request. He stated that Mr.
Bowman owns land to the North, to the West and to the South across Route 277
from the land under consideration for rezoning. Mr. Tisinger stated that he
does not oppose Mr. Athey continuing the nonconforming trucking operations.
He referred to the Athey's plat and stated that the parcel on the plat to
the left which contains the metal building was obtained by Mr. and Mrs.
Athey some time ago and it is on that location where the trucking operation
has in fact been in operation and where that trucking operation began before
14 15
zoning laws in Frederick County. He further stated that on the right side
of that plat there is another deed book reference that will indicate a more
recent acquisition of land by Mr. and Mrs. Athey. He further stated that
they have no objection and do not oppose the rezoning of the land located to
the left of the plat, but do vigorously oppose any rezoning of the land to
the right of the plat.
Mr. Joe Athey, Jr. appeared before the Board and stated that Mr. Bowman
was opposed to this rezoning request due to the fact that he too wanted this
parcel of land that his Father had purchased.
Ms. Karen Ringer, resident of Fredericktowne, appeared before the Board
and stated that she did not feel the Athey's request to expand the terminal
would cause excessive truck traffic and noise in the area. She did feel
that there was a water problem In this area that needed to be addressed.
Mr. Gary Athey appeared before the Board and referred to Mr. Tisinger's
remarks about this land and how it was rezoned. He asked the Board how much
land would be needed in order to be able to expand.
Mr. Throckmorton stated that he would have to abstain from voting on
this issue.
Mr. Owings asked Mr. Ambrogi if this could be handled as two parcels
instead of one.
Mr. Ambrogi replied if this is how the Board chooses to handle it.
Upon motion made by Will L. Owings and seconded by Robert M. Rhodes, to
approve the rezoning of the Western parcel, identified as Parcel B (contain-
ing the existing building) described in Deed Book number 232, Page number
306 to M -1 (Light. Industrial).
The above 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. Thomas B. Throckmorton abstained.
Mr. Owings made a motion to deny the request to rezone the Eastern
parcel, identified as Parcel A, and described in Deed Book number 573, Page
number 109 to M -1 (Light Industrial).
This motion died for the lack of a second.
Mr. Rhodes asked if the Board could require screening.
Mr. Stiles replied no.
Upon motion made by Robert M. Rhodes and seconded by Rhoda W. Maddox,
to approve the rezoning of Parcel A to M -1 (Light Industrial).
146
Mrs. Maddox stated that she felt that there is a lot of commercial
zoning on Route 277 and that water is a problem in this area for a lot of
the residents.
The above motion was denied by the following vote: Aye - Robert M.
Rhodes and Rhoda W. Maddox. Nay - Kenneth Y. Stiles, Will L. Owings and C.
William Orndoff, Jr. Thomas B. Throckmorton abstained.
REZONING REQUEST #001 -87 OF CRAIG D. AND SERI K. KERN -
The rezoning request number 001 -87 of Craig D. and Seri, K. Kern was
withdrawn.
NING APPLICATION #003 -8 - LOWE'S INVESTMENT
ROVED
Mr. Watkins presented this request and stated that the Planning Commis-
sion recommended approval.
Mr. David Wright of Lowe's appeared before the Board to answer any
questions they might have.
No one appeared in opposition to this request.
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, rezoning application number 003 -87 of
Lowe's Investment Corporation, c/o David J. Wright, Lowe's Real Estate
Department, Box 1111, N. Wilkesboro, North Carolina, to rezone 7.79 acres
from B -1 (Business Limited) to B -3 (Industrial Transition) was approved.
This property is located on the East side of Route 522 South, South of the
Route 50 intersection, and identified as Parcels 4 and 4 -13 on Tax Map 64 in
the Shawnee Magisterial District.
APPLICATION
BETTY L. STROSNIDER
..CM
Mr. Watkins presented this request and stated that the Planning Commis-
sion recommended denial.
Mr. Harold Strosnider appeared before the Board on behalf of his re-
quest and explained to the Board what his plans were and that he had not
heard any objections from any of his neighbors.
Mr. Butch Kerns, Realtor, appeared before the Board and stated that he
intended to purchase the lots and build on them if this request was
approved.
Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings
and passed unanimously, application number 002 -87 of Harold N. and Betty L.
Strosnider, Route 1, Box 358, Stephens City, Virginia, to mix housing types
147
was approved. This property is located on the West side of Broad Avenue,
114 mile from Senseny Road in the Lockhart Subdivision and identified as
Parcels 23 and 24 on Tax Map 65B.
CONDITIONAL USE PERMIT #011 -86 OF BEULAH R. LIND -
Mr. Watkins presented this request and stated that the Planning Commis-
Sion recommended approval.
Mr. Dale Vance appeared before the Board on behalf of this request.
There was no opposition.
Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and
passed unanimously, conditional use permit number 011 -86 of Beulah R. Lind,
Route 5, Box 86, Winchester, Virginia, for a cottage occupation /odds and
ends shop was approved. This property is located on the East side of Route
654, about 1/2 mile North of Route 522 at Cross Roads Groceries and
identified as Parcel 66 on Tax Map 31 in the Gainesboro Magisterial
District.
CONDITIONAL USE PERMIT #012 -86 OF JOHN O. HAHN - BACK CREEK
MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this request and stated that the Planning Commis-
sion recommended approval.
No one was present to represent this request.
Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff,
Jr. and passed unanimously, conditional use permit number 012 -86 of John O.
kiahn, Route 2, Box 264, Stephens City, Virginia, to re- establish a legal
nonconforming use was approved. This property is located on Route 621 and
is identified as Parcel 49 on Tax Map 62A in the Back Creek Magisterial
District.
CONDITIONAL USE PERMIT #013 -86 OF JOSEPH C. SMITH -
Mr. Watkins presented this request and stated that the Planning Commis-
sion recommended approval with conditions.
Mr. Scott Smith and his Sister Mitzie appeared before the Board on
behalf of this request.
There was no opposition.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, conditional use permit number 013 -86 of
Joseph C. Smith, Route 1, Box 1985, Berryville, Virginia, for a group adult
retirement home was approved. This property is located on the East side of
11
Route 7 one mile East of Winchester and identified as Parcel 16 on Tax Map
55B in the Stonewall Magisterial District.
TIONAL USE PERMIT #001 -87 OF CHARLES E. WATERMAN -
AWKI
The conditional use permit request number 001 -87 of Charles E. Waterman
was withdrawn.
DITIONAL USE PERMIT #002 -87 OF JANET_ BISSELL -
Mr. Watkins
presented
this
report and stated that the Planning Commis-
sion recommended
approval
with
conditions.
Mr. Lawrence H. Winters, Partner, appeared before the Board on behalf
of this request.
There was no opposition.
Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and
passed unanimously, conditional use permit number 002 -87 of Janet Bissell,
5000 Damascus
Road,
Gaithersburg, Maryland,
for a residence and dog kennel
was approved.
This
property is located on Route 522 at Cross Junction and
identified as
Parcel
25 -C on Tax Map 18 .
in the Gainesboro Magisterial
District.
ATION #006 -87 OF GIRISH T. AND NITILA G. PATEL -
The application request number 006 -87 of Girish T. and Nitila G. Patel
was withdrawn.
COMMITTEE REPORTS
FIRE AND RESCUE COMMITTEE
Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented the
following report:
The Fire and Rescue Committee met on January 19, 1987, at 7:30 P.M.,
in the Round Hill Fire Company facility. All fire Companies were
represented. Also present were William Orndoff and John Riley. The follow-
ing items were discussed:
Items Requiring Board Action
Discussion of Mutual Aid Agreement - Approved
The Committee reviewed the attached agreement with the County of
Clarke and recommends approval.
149
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the above recommendation was approved.
Discussion of Meeting Place Change
The Committee discussed the change of meeting place and recommends
that each Fire Company host the Committee meeting on a rotating basis. The
next meeting will be at the Stephens City Fire Hall on February 16, 1987 at
7:30 P.M.
No action was necessary by the Board.
Participation of Winchester Volunteer Rescue Squad in
911 Number
The Committee is requesting that Winchester Volunteer Rescue Squad
participate in the 911 emergency call dispatch system. Assistance from the
Frederick County Board of Supervisors is requested in implementing this
system.
The County will proceed to work in this direction.
Items Not Requiring Board Action
Discussion of False Alarm Ordinance
The Committee reviewed the attached draft ordinance and tabled same
for thirty days.
Joint Protection Agreement - Westminster- Canterbury
The Committee reviewed the attached agreement and recommends
approval.
LAW ENFORCEMENT AND COURTS COMMITTEE REPORT
Mr. Rhodes, Chairman of the Law Enforcement and Courts Committee,
presented the following report:
The Law Enforcement and Courts Committee met on Thursday, February 5,
1987, 11:00 A.M., Conference Room in the County Administrator's Office.
Present were Robert M. Rhodes, Chairman of the Committee; Larry P. Cover -
stone; Charles R. Mcllwee; Roscoe L. Bruce, Sheriff; John E. Liggett,
Administrative Assistant, Sheriffs Department; Patricia U. Flegal,
Regional Jail Project Coordinator; Joseph Walker, Director, Division of
Court Services and John R. Riley, Jr., County Administrator. Rhoda W.
Maddox was absent. The Committee submits the following:
Discussion of Proposed Regional Jail
The Committee discussed the progress being made on the evaluation of
building a regional jail facility. The only unanswered question is whether
Warren County will choose to participate. The figures listed below give a
general indication of proportionate costs (six million dollar facility with
150 beds):
150
Naturally, if Warren County chooses to participate, costs will be
less. It should also be noted that the location can be changed to the City
of Winchester.
Mr. John Riley, County Administrator and Board Members Robert Rhodes
and Rhoda Maddox will serve on this Committee.
Discussion of Traffic Control
Shawneeland
The Committee reviewed the attached enabling legislation and recommends
that the County Administrator draft an ordinance for public hearing.
Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and
passed unanimously, that an ordinance be drafted and advertised.
Mrs. Maddox stated that she had been in Richmond on behalf of civil
mediation and she was happy to report that Judges would be allowed to adopt
mediation in their districts if they so choose to do so and this was called
for in House Bill 1311.
PERSONNEL COMMITTEE REPORT
Mr. Throckmorton, Chairman of the Personnel Committee, presented the
following report:
The Personnel Committee met on Thursday, February 5, 1987, at 4:30
P.M., in the County Administrator's Conference Room. In attendance were
Thomas B. Throckmorton, Will L. Owings, Clarence L. Hunter, James L.
Longerbeam, John R. Riley and Ann K. Kelican. The Committee submits the
following report and recommendation for consideration by the Board of
Supervisors:
Department Head Evaluation
The Committee reviewed the evaluation of Charles B. Tyson, Jr.,
Information Services Director and recommends certification of same by the
Board of Supervisors.
Mr. Throckmorton stated that this would be discussed in Executive
Session.
Average Daily
Population
Percent
Local Share
Frederick
30
32
1.53 million
Winchester
36
28
1.34
Clarke
7
8
.384
Warren
30
32
1.53
State Share
1.2
Naturally, if Warren County chooses to participate, costs will be
less. It should also be noted that the location can be changed to the City
of Winchester.
Mr. John Riley, County Administrator and Board Members Robert Rhodes
and Rhoda Maddox will serve on this Committee.
Discussion of Traffic Control
Shawneeland
The Committee reviewed the attached enabling legislation and recommends
that the County Administrator draft an ordinance for public hearing.
Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and
passed unanimously, that an ordinance be drafted and advertised.
Mrs. Maddox stated that she had been in Richmond on behalf of civil
mediation and she was happy to report that Judges would be allowed to adopt
mediation in their districts if they so choose to do so and this was called
for in House Bill 1311.
PERSONNEL COMMITTEE REPORT
Mr. Throckmorton, Chairman of the Personnel Committee, presented the
following report:
The Personnel Committee met on Thursday, February 5, 1987, at 4:30
P.M., in the County Administrator's Conference Room. In attendance were
Thomas B. Throckmorton, Will L. Owings, Clarence L. Hunter, James L.
Longerbeam, John R. Riley and Ann K. Kelican. The Committee submits the
following report and recommendation for consideration by the Board of
Supervisors:
Department Head Evaluation
The Committee reviewed the evaluation of Charles B. Tyson, Jr.,
Information Services Director and recommends certification of same by the
Board of Supervisors.
Mr. Throckmorton stated that this would be discussed in Executive
Session.
151.
FINANCE COMMITTEE REPORT
Mr. Owings, Chairman of the Finance Committee, presented the following
report:
The Finance Committee met on Tuesday, February 10, 1987. All members
were present. The following items require Board action:
Request for a General Fund Supplemental Appropriation
from Parks and Recreation
An additional $3,000 is needed for architect fees relating to the pro-
posed County pools. The Committee does not recommend approval.
This is to be carried forward.
Request for General Fund Appropriation Transfers from
Inspections
In order to purchase and install two 2 -way radios for two new
vehicles, appropriation transfers in the total amount of $4,466.82 are
needed. No new money is being requested. The Committee recommends
approval.
Mr. Orndoff stated that this amount seemed very high to him.
Mrs. Ratcliff, Finance Director, stated that it would be going to bid.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, this request is to go to bid.
uest for a General Fund Supplemental Appropriation
i Sheriff Roscoe Bruce - Approved
Additional funds in the amount of $7,290 are needed to pay the cost of
housing for prisoners. The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recomendation was approved.
uest from the Lord Fairfax Health District for a
eral Fund Supplemental Appropriation in the Am
,%nn - Anrirnvarl
The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton
and passed unanimously, the above recommendation was approved.
uest from the School Finance Director for School
rating Fund Supplemental Appropriation in the Amount
22,803.71 - Approved
152 No additional local funds are required. The Committee recommends
approval.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Request from the Clerk of the Circuit Court for a General
Fund Supplemental Appropriation in the Amount of $22.98 -
Annroved in Part
The Committee recommends approval of purchase of a coffee maker. A
request for a coffee fund is not recommended by the Committee because it
would not meet audit requirements.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Attached is a Statement of Treasurer's Accountability at
June 30, 1986 - Approved
With the Board of Supervisor's authorization, this statement must be
advertised in the local newspaper. The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
The Volunteer Fire and Rescue Association is Requesting
the One for Life Fund be Divided According to the
A*+. ,k. A Crh orl..ln - Ar.me^waA
The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, the above recommendation was approved.
The following items are for information only:
1. James Longerbeam is requesting local funds for Operation
C- L- E -A -N. At a later date he will make a presentation to the County.
2. Attached is our most recent management letter from the Auditors.
Both items are being corrected.
3. The Health Department is requesting the Board of Supervisors
approve a change in their current budget. The County Administrator is seek-
ing additional information on the matter.
4. Additional budget information will be mailed to you for our budget
worksession scheduled on the 17th and 24th of February.
CURRENT COUNTY ORDINANCE ON TAX RELIEF FOR THE ELDERLY
AND HANDICAPPED TO BE REVIEWED
Mr. Orndoff requested the Finance Committee to review the current
County Ordinance dealing with Tax Relief for the Elderly and also for the
Handicapped for possible amendments.
42M
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, 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) and (6) to discuss Personnel and possible Legal matters.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by C. William Orndoff, Jr., seconded by Robert M.
Rhodes and passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by C. William Orndoff, Jr., seconded by Robert M.
Rhodes and passed unanimously, the Board reconvened into Regular Session.
EVALUATION OF CHARLES B. TYSON, JR., I
Upon motion made by Thomas B. Throckmorton, seconded by Robert M.
Rhodes and passed unanimously, the evaluation of Charles B. Tyson, Jr.,
Information Services Director, was approved as submitted.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
Cie Board of Supery rs