HomeMy WebLinkAboutMay 08, 1985 Regular Meeting1
A Regular Meeting of the Frederick County Board of Supervisors was held
on May 8, 1985, at 7:15 P.M., in the Board of Supervisor's Meeting Room, 9
Court Square, 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 and asked that everyone
observe a moment of silence in absence of a Minister.
ADOPTION OF AGENDA
Mr. Owings stated that he had a brief announcement.
Mr. Riley stated that the Board would need to act on a Health Depart-
ment matter.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the Agenda was adopted as amended.
MR. OWINGS ANNOUNCED HIS INTENTION TO NOMINATE LEWIS
COSTELLO TO SCHOOL BOARD SEAT FROM OPEQUON DISTRICT
Mr. Owings stated that he had talked with a number of his constituents
concerning the appointment to the School Board seat from Opequon District
and that he had received overwhelming support for the reappointment of Lewis
Costello, and that he intended to place Mr. Costello's name in nomination
for the School Board seat at the June 11 Board Meeting.
Mr. Stiles requested that Mr. Costello be present to answer any
questions the Board might have at the June 11 Board Meeting.
FIRST BOARD MEETING IN JUNE MOVED TO TUESDAY, JUNE 11
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, the firlt Board Meeting of June, scheduled for June
12, was moved to June 11 due to James Wood High School graduation.
AMENDED RESOLUTION - ROUTE 642 - APPROVED
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, the following amended resolution for Route 642 was
approved:
WHEREAS, Secondary Route 642, from 0.73 miles South of
Route 37 to 1.16 miles Southeast of Route 37, a distance of 0.43 miles, has
been altered and new road has been constructed which new road serves the
same citizens as the road so altered.
NOW, THEREFORE, BE IT RESOLVED, That Secondary
Route 642 be and the same is, abandoned as a public road shown as Section #7
and #3 and Route 846 shown as Section #8 of Project 0642 - 034 -173, C501 and
Project #0642 - 034 -173, C502 on the attached sketch dated January 4, 1985 and
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shaded in blue of the aforementioned sketch. A total distance of 0.31 miles
being the same, hereby, is abandoned as a public road pertinent to Section
33.1 -155 of the 1950 Code of Virginia, as amended.
AND BE IT FURTHER RESOLVED, Those sections shaded
in red on the attached sketch be officially added to the Secondary System of
the Secondary Highway, i.e., Section #5 of Project #0642- 034 -173, C502 and
Section #4 of Project #0642- 034 -173, C501; on the attached sketch dated
January 4, 1985, a total distance of 0.27 miles pertinent to Section
33.1 -229 of the Code of Virginia of 1950 as amended.
AND FURTHER, That the section of new connection, Section
46 shown in brown on the aforementioned sketch, a total distance of 0.02
miles, to be numbered Route 846 and hereby is added to the Secondary System
of State Highway pertinent to Section 33.1 -229 of the Code of Virginia of
1950, as amended.
AND
FURTHER,
That the
section
of old location of
Secondary
Route 642
shown in
orange
(Section #1 and #2) on the afore-
mentioned
sketch, a
total distance of 0.11 miles, will remain in the
Secondary
System of the State
Highway
and be renumbered to Route 846 in
accordance with policy
set forth
by the
State Highway Commission.
APPROVAL OF JOB SERVICE PLAN
Upon motion made by Thomas B. Throckmorton, seconded by Robert M.
Rhodes and passed unanimously, the Virginia Employment Commission's Job
Service Plan for Program Year 1985 was approved.
Mr. Gene Schultz, local Job Service Manager, appeared before the Board
to answer any questions the Board might have.
INDUSTRIAL REVENUE BOND REQUESTS - HARKINS ASSOCIATES,
INC. AND HFG PARTNERSHIP - APPROVED
Mr. Horne presented these requests.
Mr. Henry Williams, Project Developer for Harkins Associates, Inc.,
appeared before the Board.
Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton
and passed unanimously, the following resolution was approved:
WHEREAS, the Industrial Development Authority of the
County of Frederick, Virginia (the "Authority "), has considered the applica-
tion of Harkins Associates, Inc., a Maryland corporation, or a partnership
of which Harkins Associates, Inc. is the general partner (the "Company "),
requesting the issuance of the Authority's industrial development revenue
bonds in an amount not to exceed $2,000,000 (the "Bonds ") to assist in the
financing of the Company's acquisition, construction and equipping of a 60
room motel facility (the "Project ") to be located at the intersection of
Route 1012 and 277 in the Opequon District in the County of Frederick,
Virginia, and has held a public hearing thereon on May 2, 1985; and
WHEREAS, Section 103(k) of the Internal Revenue Code
I� of 1954, as amended, provides that the governmental unit having jurisdiction
((� over the issuer of industrial development bonds and over the area in which
_ any facility financed with the proceeds of industrial development bonds is
j; located must approve the issuance of the bonds; and
WHEREAS, the Authority issues its bonds on behalf of
the County of Frederick, Virginia (the "County "); the Project is to be
located in the County and the Board of Supervisors of the County of
Frederick, Virginia (the "Board ") constitutes the highest elected govern-
mental unit of the County; and
WHEREAS, the Authority has recommended that the Board
approve the issuance of the Bonds; and
SIM
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WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bonds, subject to the terms to be agreed upon,
a certificate of the public hearing, and a Fiscal Impact Statement have been
filed with the Board;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF FREDERICK, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for
the benefit of the Company, as required by Section 103(k) and Section
15.1- 1378.1 of the Virginia Code, to permit the Authority to assist in the
financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness
of the Project or the Company.
3. Pursuant to the limitations contained in Temporary Income Tax
Regulations Section 5f.103 -2(f) (1), this Resolution shall remain in effect
for a period of one year from the date of its adoption.
4. This Resolution shall take effect immediately upon its adoption.
Mr. Richard Hardison appeared before the Board representing HFG
Partnership.
Upon motion made by Robert M. Rhodes, seconded by Will L. Owings and
passed unanimously, the following resolution was approved:
WHEREAS, a public hearing was held by the Industrial
Development Authority of the County of Frederick, Virginia (the "Authority ")
on May 2, 1985 in accordance with the provisions of Section 103(k) of the
Internal Revenue Code of 1954, as amended (the "Code "), and Section
15.1- 137$.1 of the Code of Virginia (1950), as amended (the Virginia Code),
to consider the application of HFG Partnership (the "Applicant ") requesting
the Authority to issue up to $800,000.00 of its Industrial Development
Revenue Bonds to assist the Applicant in acquiring, constructing and equip-
ping commercial facilities and rolling stock to be leased to Air Freight
Delivery Service, Inc. including terminal, maintenance, service and ware-
housing facilities to be located or headquartered in Frederick County,
Virginia on a tract fronting on U.S. Route 11 and Interstate 81 approxi-
mately .25 miles South of the Kernstown interchange on Interstate 81 at its
exchange for State Route 37 and U.S. Route 11 in Frederick County, Virginia;
and
WHEREAS, after such public hearing, the Authority filed
its report with the Board of Supervisors recommeding the approval of the
bonds and finding that the project would be consistent with the Virginia
Industrial Development and Revenue Bond Act, together with the fiscal impact
statement for the project as required by Section 15.1- 1378.2 of the Virginia
Code; and
WHEREAS, the Board of Supervisors concurs with the
report of the Authority;
NOW, THEREFORE, BE IT RESOLVED, that the issue of
bonds described above is hereby approved by the Frederick County Board of
Supervisors to the extent required by Section 103(k) of the Code and Section
15.1- 1378.1 of the Virginia Code, to permit the Authority to assist in the
financing of the project.
The approval of the issuance of the bonds, as required by Section
103(k) of the Code and Section 15.1- 1378.1 of the Virginia Code, does not
constitute an endorsement of the bonds, the financial viability of the
facilities or the creditworthiness of the Applicant, but, as required by
Section 15.1 -1380 of the Virginia Code, the bonds shall provide that neither
the Commonwealth of Virginia, Frederick County, Virginia, nor the Authority
shall be obligated to pay the bonds or the interest thereon or other costs
incident thereto except from the revenues and monies pledged therefor and
neither the faith, credit nor taxing power of the Commonwealth of Virginia,
Frederick County, Virginia, or the Authority shall be pledged thereto.
Lob N 19
This Resolution shall take effect immediately.
CUP #004 -85 - GLENN C. WHITACRE - GAINESBORO MAGISTERIAL
nic rDir - ADDD(lVCn
Mr. Horne presented this conditional use permit request stating that
the Planning Commission unanimously recommended approval with conditions.
Mr. Glenn Whitacre appeared before the Board on behalf of his request.
He stated that he would not have the general public stoping at his location
to purchase wood.
Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and
passed unanimously, conditional use permit number 004 -85 of Glenn C.
Whitacre, HC2, Box 455, Whitacre, Virginia, for a Sawmill, Type B (woodlot
for storing and sawing firewood) was approved. This property is identified
on Tax Map 10 as Parcel Number 10 in the Gainesboro Magisterial District.
P #005 -85 - DAVID E. AND NANCY M. RITTER - SHAWNEE
GISTERIAL DISTRICT - APPROVED
Mr. Horne presented this conditional use permit request stating that
the Planning Commission unanimously recommended approval with conditions.
Mrs. Ritter appeared before the Board on behalf of her request.
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, conditional use permit number 005 -85 of
David E. and Nancy M. Ritter, 414 Milam Drive, Winchester, Virginia, for a
Cottage Occupation/ Consignment Shop (small consumer items) was approved.
This property is identified on Tax Map 54E as Parcel Number 20 -0 in the
Shawnee Magisterial District.
CUP #006 -85 - IVA H. PETRE - OPEQUON MAGISTERIAL
DISTRICT - APPROVED
Mr. Horne presented this conditional use permit request stating that
the Planning Commission unanimously recommended approval with conditions.
Mrs. Petre appeared before the Board on behalf of her request.
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, conditional use permit number 006 -85 of Iva H.
Petre, Route 1, Box 580, Middletown, Virginia, for a Grocery Store was
approved. This property is identified on Tax Map 84 as parcel number 82 in
the Opequon Magisterial District.
SUBDIVISION REQUEST - LENOIR CITY COMPANY OF VIRGINIA -
APPROVED
Mr. Horne presented this subdivision request stating that the Planning
Commission unanimously recommended approval.
Mr. Tom Gilpin appeared before the Board on behalf of his request.
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Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings
and passed unanimously, the subdivision request of Mr. Gilpin for Lenoir
City Company of Virginia was approved.
SUBDIVISION REQUEST - HARRY F. STIMPSON JR. - APPROVED
Mr. Horne presented this subdivision request stating that the Planning
Commission unanimously recommended approval.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the subdivision request of Harry F. Stimpson, Jr.,
located in Opequon Magisterial District, was approved.
PUBLIC HEARING
PURSUANT TO SECTION 15.1 -262 OF THE CODE OF VIRGINIA,
1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL
CONSIDER THE SALE OF SURPLUS PROPERTY - ARMEL SCHOOL
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, to approve the sale of the property on Route 522 South
known as the Armel School.
The above resolution was approved 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.
PUBLIC WORKS COMMITTEE REPORT
Mr. Orndoff, Chairman of the Public Works Committee, presented the
following report and stated that it was for the Board's information and no
action was necessary:
The Public Works Committee met on April 24 and May 1, 1985. All
members were present for both meetings. Also present at the April 24th
meeting were representatives of an architectural firm from Richmond,
Virginia, John Riley and Bob Harriman.
The following items were discussed:
I. Items Requiring Action
None.
II. Items Not Requiring Action
A. Committee agreed to the proposed increase in building permit fees.
The full list of fees are to be forwarded under separate cover to each Board
member to consider for passage at the June 12th Board Meeting. There was
one member of the Committee that abstained.
B. The Committee approved the reworded Westminster Canterbury
Inspection Agreement and directed the County Administrator to sign it on
behalf of the County.
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C. Discussed the findings of the State Building Code Technical Review
Board.
D. Discussed the necessity of replacing the pull -pan at the Landfill
with a used machine, cost not to exceed $10,000.
E. Briefly discussed NFPA 1141, as it applies to subdivisions.
F. Examined samples of a product that could be used to refurbish the
Courthouse steps and directed Bob Harriman to approach the Historical
Society.
G. Discussed the need for an architectural study of the 9 Court Square
Office Complex to assess the possibilities of major renovations. A RFP
(Request for Proposal) is being prepared for advertising.
H. The Committee was advised of the current status of the proposed
compactor site on Route 522.
CODE AND ORDINANCE COMMITTEE REPORT
Mr. Throckmorton, Chairman of the Code and Ordinance Committee,
presented the following Ordinance amendment dealing with land application of
sludge:
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, the following Ordinance amendment was
approved and will be advertised for public hearing:
The Board of Supervisors for the County of Frederick does hereby
reaffirm its position of the land application of sludge from septic tanks as
approved and adopted in the Frederick County Code Chapter 20, Article ll,
Section 2 -1 -2.
This action is further approved and enabled thru legislation adopted by
the Virginia General Assembly as identified in House Bill 1385, passed
unanimously and signed by the Governor on March 18, 1985. Specifically, the
bill allows for the land disposal of septic tank sludge in Counties with a
population of less than 100 people per square mile. The effective date of
said legislation is July 1, 1985. Approvals required to land apply septage
are Board of Supervisors and local Health Department.
By the above named action the Board of Supervisors for County of
Frederick does approve Frederick County septic tank haulers to continue to
land apply septic tank sludge as provided under the current Lord Fairfax
Health Department permit. It is further requested by said action that the
Health Department grant local haulers said permits until Frederick County
has made final provisions for disposal at the Opequon Water Reclaimation
Facility proposed for completion in January, 1988.
Adopted this 8th day of May, 1985.
DEPARTMENTAL POTENTIAL PROBLEM REPORTS - ACCEPTED
AS BOARD INFORMATION
Mr. Stiles asked the Board what their pleasure was as far as action on
the Departmental Potential Problem Reports.
It was the consensus of the Board that there were no surprises with any
of the reports and they would accept them as information.
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MISCELLANEOUS CORRESPONDENCE
Mr. Riley noted that the Transportation Committee would be meeting on
Monday, May 20.
BOARD REACTIVATES BIDS ON MIDDLETOWN SCHOOL PROPERTY
Mr. Riley noted that there has not been any activity on the Middletown
School Property since the bids were rejected by the Board in January. He
further stated that the buildings were being plagued with vandalism and that
he would like for the Board to authorize him to readvertise this property
"For Sale ".
Mr. Owings asked if a reply had been received from the gentlemen in
Waynesboro.
Mr. Riley replied no.
Mr. Owings requested that Mr. Riley contact the gentleman in Waynesboro
and if he is not interested then proceed with readvertising.
Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton
and passed unanimously, that steps be taken by the County Administrator to
dispose of the Middletown School Property.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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