August 27, 1980 Regular Meeting29
Mr. Malcolm asked if the Planning Commission was in favor
of the 30 day lag proposal and Mr. Riley replied that they were.
Upon motion made by R. Thomas Malcolm and seconded by William
H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein approve the thirty (30) day time-
table for matters acted upon by the Planning Commission and the
Board of Supervisors.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
Rhoda W. Maddox and R. Thomas Malcolm.
UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT
IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
i
P. oaiM of upervjs- rs erk, Board of Supervisors
A Regular Meeting of the Frederick County Board of Supervisors
was held on August 27, 1980, in the Board of Supervisors' Meeting
Room, 9 Court Square, Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice-
Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm;
and Kenneth Y. Stiles.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by Reverend Michael Parker of
the First Baptist Church.
APPROVAL OF MINUTES
The following corrections to the minutes were noted:
June 10, 1980 - Page 1 - Mr. Stiles should be shown as being
present at this meeting.
June 11, 1980 - Page 13 - The first line should be corrected
to read, "Mr. Stiles advised that the Planning Commission had
not heard any opposition from the neighbors ".
June 11, 1980 - Page 19 - mr. Stiles requested that it be
noted that a copy of the transfers of unexpended funds for
Fiscal Year 1980 for the School Board is on file in the office
30
of the County Administrator. The Board concurred.
June 25, 1980 - Page 10 - Mr. Stiles requested that the total
amount of the 1980 -1981 Highway Budget for Frederick County
be set forth as well as the amount of the reduction. The
Board concurred.
June 25, 1980 - Page 16 - The date of the work session should
be corrected to read July 2nd instead of July 1st.
Upon motion made by William H. Baker, seconded by Kenneth Y.
Stiles and passed unanimously, the minutes of the following meetings
were approved with the corrections set forth above; June 10, 1980,
June 11, 1.980, June 25, 1980, July 2, 1980 and July 9, 1980.
ADOPTION OF AGENDA
Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y.
Stiles and. passed unanimously, the Agenda was adopted with the fol-
lowing additional items:
1. Request from Chapter 10 Board
2. Discussion regarding part of the reorganization plan of
the County Administrator.
3. Recreation Department, i.e. swimming pool
4. Reprot - ASAP
S. Report - Capital Facilities Committee
6. Discussion Re: Trick or Treat regulations
7. Discussion regarding an appointment
8. Discussion regarding a possible ordinance on rodent control
APPOINTMENT OF ROBERT HODGSON TO BOARD OF BUILDING APPEALS
Upon motion made by R. Thomas Malcolm, seconded by Will L.
Owings and passed unanimously, Mr. Robert Hodgson, a resident of
Shawnee Magisterial District, was appointed to the Board of Building
Appeals for a term of five (5) years, said term to commence on Aug-
ust 12, 1980 and terminate on August 12, 1985.
Mr. Baker requested that the recommendation for appointment of
Mr. Fred Showalter be carried forward to the next meeting. The
Board concurred.
RESIGNATION OF V L. CONNER FROM SCHOOL BOARD - ACCEPTED
Mr. Baker presented a letter of resignation from Mrs. Virginia
L. Conner as a member of the School Board from Back Creek District
as follows:
31
August 27, 1980
Mr. William Baker, Supervisor
Back Creek District
Frederick County Board of Supervisors
9 Court Square
Winchester, Virginia 22601
Dear Mr. Baker:
It is with sincere regret that I must tender my resignation
from the Frederick County School Board effective October
1, 1980.
I very much appreciate the confidence shown in me last
July 1 and while my tenure has been short, the experience
has been very gratifying and I have learned a great deal.
I do feel that we have an excellent school system and
with more parent, teacher and community concern and support,
it can only get better.
Fhen we return from Saudi Arabia in approximately 20 months,
we will again offer our support and commitment to the commun-
ity and the Frederick County school system.
Very truly yours,
/s /Virginia L. Conner
(Mrs. Thomas R. Conner)
2326 Peach Orchard Lane
Winchester, Virginia 22601
cc. Frederick County Board of Supervisors
Mr. S. Roger Koontz, Chairman
Mr. Will L. Owings, Vice Chairman
Mrs. Rhoda W. Maddox
Mr. Kenneth Y. Stiles
Mr. R. Thomas Malcolm
cc. Frederick County School Board
Mr. John T. Solenberger, Chairman
cc. Dr. Melton Wright, Division Superintendent
Frederick County Public Schools
Mr. Baker stated that he felt Mrs. Conner had performed very
well and had been an asset to the School Board. He added that Mrs.
Conner was not aware of her husband's promotion and transfer to
Saudi Arabia at the time of appointment to the School Board.
Upon motion made by William H. Baker, seconded by Kenneth Y.
Stiles, and passed unanimously, the Board agreed to permit Mr. Baker
to present a nomination to fill the unexpired term of Mrs. Conner
on the School Board at the September 10, 1980 meeting with action
to be taken on said nomination at the September 24, 1980 meeting.
DR. JACK MCALLISTER ADDRESSES BOARD RE: KIDS ARE OUR CONCERN
Dr. Jack McAllister appeared before the Board and presented a
brief report regarding the Kids Are Our Concern Program. He read a
position paper expressing concern regarding the sale of drug para-
phernalia in the community and urging the Board to pass an ordinance
32
banning the sale of these items in the County.
The Chairman stated that he agreed with this movement and re-
quested the group to meet with the Law Enforcement Committee to dis-
cuss proposed legislation to be introduced at the next session of the
General Assembly. Dr. McAllister agreed with this request.
Mr. Stiles stated that he was concerned regarding the enforcemen
and constitutionality of such an ordinance.
The Chairman thanked Dr. McAllister for his presentation.
REQUEST FOR INDUSTRIAL ACCESS ROAD - FORT COLLIER INDUSTRIAL
ESTATES - APPROVED
Mr. John Riley presented the request for industrial access road
for Fort Collier Industrial Estates.
There was no public comment.
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas
Malcolm,
WHEREAS, A request has been made for the construction and main-
tenance of an industrial access road by Fort Collier Industrial Es-
tates to serve Harris Intertype and Northwestern Workshop, said road
to begin at State Route 1322 and extend in a southeasterly direction
for approximately 1800 feet to a point on the property line; and,
WHEREAS, The property is bounded on the east, west and south
by property of Fort Collier Industrial Estates and on the north by
the Frederick County School Board; and,
WHEREAS, The State Highway Commission, pursuant to the provis-
ions of Section 33.1 -221 of the Code of Virginia, 1950, as amended,
may construct industrial access roads; and,
WHEREAS, The State Highway Commission has indicated its will
ness to construct and maintain the said industrial access road pro-
vided the right -of -way is made available and all adjustments have
been made for utilities; and,
WHEREAS, Fort Collier Industrial Estates owns the right -of -way
to be used for construction of said road to serve Harris Intertype
and Northwestern Workshop; and,
WHEREAS, Fort Collier Industrial Estates will provide the nec-
essary right -of -way for road construction and be responsible for pay-
ment for any utility adjustments associated with construction of said
road; and,
33
WHEREAS, Upon completion of said road it will be added to the
secondary highway system;
NOW, THEREFORE BE IT RESOLVED, That the Board of Supervisors
of the County of Frederick, Virginia hereby approves the construc-
tion of an industrial access road as described, provided that the
project is completed pursuant to the provisions of Section 33.1 -221
of the Code of Virginia, 1950, as amended, and further provided
that the land on which the industrial access road is to be con-
structed shall be provided with no cost to the Commonwealth of
Virginia and that the necessary adjustment for utilities is made
without cost to the Commonwealth of Virginia.
The above resolution was passed unanimously.
PLANNING COMMISSION POLICY RE: SPOT ZONING DISCUSSED
Mr. Riley presented a policy statement regarding spot zoning
which had been recommended by the Planning Commission. He stated
that the Planning Commission felt this would give them some sort of
criteria to measure zoning applications which come before them.
He noted that this policy would not deny anyone the right to apply
for rezoning.
Mr. Stiles stated that there had been violent disagreement at
the Planning Commission meeting regarding. this policy. He noted
that he, as well as others, felt this would result in a reduction
of the number of rezoning applications inasmuch as applicants who
do not meet the criteria will only proceed if they can afford a
good lawyer. He added that he felt the effect of this policy would
be to have zoning decisions made more and more at the staff level
rather than at the Board level.
Mr. Stiles stated that he felt the ultimate effect of Item #5
of the policy would be to give the Comprehensive Plan the effect of
an ordinance and there would be no leeway at all. He added that he
felt a policy was needed but the Board and Planning Commission
should have substantial discretion in its application so that each
rezoning request can be judged on its own merit. Mr. Stiles stated
that this policy contradicts the information given to the residents
at the public meetings on downzoning when they were told they could
request their property be rezoned if they were not satisfied with
the zoning set forth in the downzoning plan.
34
Mr. Riley stated that the comprehensive plan is a flexible
document which would change from year to year whereas the zoning
ordinance is a fairly rigid document. He added that he felt appli-
cants would be appreciative of the fact that they will. have criteria
on which to base their applications.
There followed a lengthy discussion regarding the possible leg
problems involved if the policy was not followed consistently.
Commonwealth's Attorney Ambrogi advised that this is just a policy
and the Planning Commission is a recommending body with the Board
having the final decision.
Mr. Stiles stated that he felt both bodies should be giving
people basically the same direction; that he felt this policy was
tied closely to the proposed downzoning and the proposed revisions
in the comprehensive plan as well as to the revisions the Planning
Commission would be looking at in the next several months concerning
large lot subdivisions in the County. He added that he would never
be willing to relinquish judgement on cases to a policy which he
felt was ill- conceived.
The majority of the Board agreed to accept the policy as infor-
mation from the Planning Commission.
SITE F LAN #013 -80 - APPLE TRACTOR COMPANY - BACK CREEK DISTRICT
DISCUSSED
Mr. Riley presented the Site Plan of Apple Tractor Company to
construct an 8,400 square foot shop and office for retail sales with
19 paved parking spaces and entrance on the east side of Route 642
immediately south of Heathcraft Homes in Back Creek Magisterial Dis-
trict for a farm implement dealership. He then read the reviewing
agencies comments.
Mr. Stiles stated that the issue here is whether or not this is
a permitted use in the B -2 category; that if it is not, then the
applicants must file a rezoning request for a B -3 zoning.
Mr. Ambrogi advised that it is not set forth in any of the
zoning categories but it fits better in the B -2 category than any
other category.
Mr. John Shaw, Vice President and General Manager, of Apple
Tractor Company appeared before the Board and stated that they did
not anticipate this problem inasmuch as they had been advised by the
Planning and Development Department that this was a permitted use
35
in this category.
He described the operation stating that it would be an attrac-
tive facility where everything can be done inside. He added that
it would not detract from the community.
Mr. Stiles moved that the Board retire into Executive Session
in accordance with Section 2.1 -344, Subsection (a)(6) to discuss
the legal aspects of this site plan with the Commonwealth's Attor-
ney. This motion was seconded by R. Thomas Malcolm and passed by
the following recorded vote: Aye - Will L. Owings, R. Thomas Mal-
colm and Kenneth Y. Stiles. Nay - Rhoda W. Maddox and S. Roger
Koontz. Abstaining - William H. Baker.
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W.
Maddox and passed unanimously, the Board withdrew from executive
session.
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W.
Maddox and passed unanimously, the Board withdrew from executive
session.
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W.
Maddox and passed unanimously, the Board reconvened into Regular
Session.
The Chairman advised that it had been determined that legally
the only question relative to this matter was whether this was a
permitted use in the B -2 category.
Mr. Stiles stated that on the advice of counsel, as indicated
in his letter of July 23, 1980 to Planning Director Riley, he would
move that the Board adopt the position that under our current ord-
inance a tractor equipment sales and service is a permitted use
under Section 21- 109(b) of the Frederick County Zoning Ordinance
and refer this matter back to the Planning Commission for action
under the appropriate sections of the Code. This motion was
seconded by Will L. Owings and passed by the following recorded
vote: Aye - Kenneth Y. Stiles, R. Thomas Malcolm, Will L. Owings
and Rhoda W. Maddox. Nay - S. Roger Koontz. Abstaining - William
H. Baker.
The Board recessed for ten minutes.
OTHER BUSINESS
Mr. Koontz noted the following items which have been referred
36
to Committee for study and recommendation.
1. Council on Alcoholism request for financial support from
the County has been referred to the Finance Committee.
2. Possible amendments to County ordinances relative to buying
and selling of gold and silver has been referred to the Law
Enforcement Committee.
CHAPTER 10 BOARD REQUEST FOR AUTHORIZATION TO BORROW FUNDS -
APPROVED
Mr. White presented the request from the Chapter 10 Board to
borrow funds due to a temporary cash flow shortage as a result of
slow disbursement of state grant funds. He advised that the Board
must authorize this transaction inasmuch as they are the fiscal agen
for the Northwestern Community Services Board. He noted that this
would be a revenue anticipation note and it is done in many counties
Mr. Stiles expressed concern regarding the right of the Board
to authorize the borrowing of money without a referendum. He was
also concerned about the responsibility for payment of interest on
such a loan and who would be obligated should the Chapter 10 Board
default in the payment of the loan.
Mr. White advised that the interest would be paid by the North-
western Community Services Board and the funds would be forthcoming
from the state; that he had seen the grant awards but the State had
not yet disbursed the funds.
Following a brief discussion, the Board agreed to set the limi
of ninety (90) days and $100,000 for the line of credit for such a
loan.
Upon motion made by Will L. Owings and seconded by William H.
Baker,
WHEREAS, Frederick County serves as Fiscal Agent for the North-
western Community Services Board; and,
WHEREAS, The Services Board may experience temporary cash flow
shortages as a result of slow disbursement of State grant funds; and,
WHEREAS, The authorization of the Fiscal Agent is required to
enable the Services Board to borrow money.
NOW THEREFORE BE IT RESOLVED, That the Board of Supervisors of
Frederick County, as Fiscal Agent for the Northwestern Community
Services Board to establish a one -time line of credit, effective
August 28, 1980, with local lending institutions with limits of
ninety (90) days and $100,000.
3!
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
DISCUSSION - REORGANIZATION OF COUNTY ADMINISTRATIVE STRUCTURE
Mr. Stiles expressed concern regarding the thirty (30) day time
lag between action by the Planning Commission and the Board of
Supervisors stating that in reality it could be five weeks and some-
times six weeks between actions which he felt was inexcusable. He
added that he felt there was no reason why matters could not be
acted upon by the Planning Commission one week and the Board the
next week.
Mr. White stated that it was not only difficult to get all the
materials together in the short time span between the Planning Com-
mission meeting and the day the Board agenda goes out, but this
timetable would give people ample time to study issues, especially
controversial ones, before they come to the Board for final decision
He added that this would also prevent matters which had been tabled
by the Planning Commission from appearing on the Board agenda. He
noted that he did not think the democratic process was served by
rushing things through.
Mr. Stiles replied that he felt there was ample time for study
inasmuch as items are advertised well in advance of action by the
Board and many times extra time has been given to controversial
issues. He noted that he did not think it was fair to hold up the
majority of the matters coming before the Board which are not con-
troversial when it is not necessary.
5
Mr. Riley stated that he was more concerned about satisfying
the legal requirements on advertising and notification of adjoining
property owners and he felt this lag time would provide a suitable
buffer to cover this problem.
Mr. Stiles stated that he would like to hear the feelings of
the other Board members and have a vote on this issue. Mr. Malcolm
stated that the other Board members had already discussed this mattes
at a previous meeting and voted on it.
SWIMMING POOLS DISCUSSED
Mr. Stiles stated that it had been 1 1/2 years since the Clear -
brook pool had been closed and the people had been told that another
OTIR
MXWJ
one would be built very soon thereafter. He requested that the Board
direct the Parks and Recreation Director to present several proposals
for the construction of swimming pools to the Board so that the Board
might determine whether it would be desireable to put these proposals
to referendum for a revenue bond issue for the November election.
Mr. White stated that one of the things he felt the County
should consider very carefully is not getting into additional capital
facilities until we know where we are going and all the sources of
financing have been explored. He added that he was not opposed to
having a presentation put together, but to put it on the ballot that
quickly would be very illconceived in his opinion, because of the
complexities involved. He advised that revenue bonds are very comple)
and other alternatives should be explored; that there are many capita:
facilities to be considered. Mr. White added that he felt the Board
should have quality information in order to make long term fiscal
decisions for the County.
Mr. Stiles stated that his point was to let the people make the
decision inasmuch as this matter has been drawn out over 1 1/2 years
and nothing has been done.
Mr. Malcolm stated that the Board has appointed people to the
Capital Facilities Committee and their responsibility is to take a
serious loop: at the total capital facilities needs of the County and
that as soon as we are past the court project, the Committee will
be exploring all avenues regarding capital improvements; that they
will then be prioritized and financing discussed.
Mr. Stiles stated that when the pool was closed he had committed
himself to the people that we would do everything we could to get a
pool back there. He added that he felt the Board had been misled.
Mr. Owings stated that when the Board agreed to close the pool
we were told a new pool would cost $175,000 and that subsequently the
cost increased to a half million dollars and. we cannot afford it.
He added that the pool had been closed in good faith.
Mr. Stiles stated that he felt the Board needed to make a commit
ment to try and make an honest effort to have a pool by next summer.
He added that he thought capital facilities might be drawn out for
another four or five years and the people are entitled to a decision
as how we will proceed with this project.
39
Mr. Malcolm replied that he hoped the Capital Facilities Commit
tee could address this project along with the jail problem, the
Welfare Department problem, etc.
The Chairman requested the Capital Facilities Committee to
study this matter along with the other projects.
I
SCHOOL BOARD BUDGET DISCUSSED
Mr. Stiles stated that it occurred to him that since the new
school is not opening on time, a substantial part of the expenses
for opening will not be incurred until it does actually open, i.e.
electricity, custodial services, etc. He noted that this money was
appropriated specifically with the understanding that the school
would be open and the Board has the authority to appropriate money
on a contingency basis to the School Board. He suggested that the
Board reduce by 10% the money allotted to the school board for each
month the new school is not open.
The Chairman requested the Finance Committee to study this
suggestion and present their recommendation back to the Board.
TRICK OR TREAT REGULATIONS AND CURFEWS REFERRED TO THE LAW
ENFORCEMENT COMMITTEE
Mr. Owings stated that he had had several requests for some
type of limitations on Trick or Treat.
Mr. Stiles stated that he had received a request that a curfew
be established.
The Chairman referred these matters to the Law Enforcement
Committee for study and recommendation.
DELINQUENT TAX COLLECTIONS DISCUSSED
Mr. Baker asked Mr. Ambrogi to report on the status of the
delinquent tax collections and Mr. Ambrogi replied that to date
notices have been mailed to three districts. He added that he had
heard nothing further from the Treasurer's office regarding collec-
tion from said notices.
Mr. Baker requested the Commonwealth's Attorney and Treasurer
to coordinate their efforts in these collections.
The Chairman referred this matter to the Finance Committee for
consideration.
RODENT PROBLEM DISCUSSED
Mr. Baker stated that it had been discovered that there was
a severe rodent problem in the area of Apple Valley Road, and there
40
is no county ordinance relating to rodent control. He stated that
he felt the situation demanded the attention of the Board. He sug-
gested that the County Administrator pursue the effect of an ordi-
nance regarding the responsibility of a person demolishing a property
which might cause this problem. He added that he felt this presents
a great potential for a health hazard.
Mr. Owings stated that he had a problem like this two months
ago behind the Aylor Junior High School.
Several other supervisors noted that they too had received com-
plaints regarding this same problem.
Mr. White advised that there is a program through the Division
of Vector Control which might be utilized.
Mr. Stiles stated that he felt it would be useful to put a sec-
tion in the Code stating that before a building can be demolished,
the owner must take responsibility for any rodent problem which might
develop therefrom. The Board concurred.
ASAP ADVISORY BOARD REPORT
Mr. Malcolm stated that the ASAP Advisory Board had completed
their training period and is now electing their own leadership. He
advised that Colonel Lynn Myers had been elected Chairman of the
Board. He noted that the Board had taken a position on the detox
situation and the Finance Committee should contact Mr. Palumbo re-
garding this matter.
REPORT CAPITAL FACILITIES COMMITTEE
Mr. Malcolm reported that the Capital Facilities Committee had
met and recommended that the firm of Hellmuth, Obata and Kassabaum
be retained as the architectural engineering firm for the courts
project. He noted that the contract will be drawn up on September
3, 1980 and the Board might want to consider a joint meeting with
City Council on September 10, 1980 to consider this recommendation.
The Board concurred.
CORRESPONDENCE:
Year End Report Re: 1979 -1980 Budget
Mr. Stiles stated that he felt it needed to be made clear that
the actual surplus was $549,421 and he was concerned that the esti-
mates were that far off. He reviewed briefly the year end report
regarding the school board budget and stated that their surplus was
$183,000 and he felt this was due to phony revenue estimates and pro-
41
vided the school board with a lot of room to play with money. He
stated that it further allows the superintendent to make fraudulent
statements as to how much money he saved the County, whereas in
actuality it was available because his revenues were substantially
above his estimates. He suggested that this be considered next year
during the budget considerations.
Mr. Malcolm asked what the result would be if this same analogy)
was applied to the County budget and Mr. White replied that the net
result would be that it would be much higher; that the County esti-
mates were much more out of line than the school budget.
Mr. Stiles stated that he felt there was a need to build in
some safety factors in order to have more accurate estimates.
RESOLUTION FROM HANDICAPS UNLIMITED OF VIRGINIA, INC.
ACKNOWLEDGED
The Board acknowledged receipt of a resolution from Handicaps
Unlimited, Inc. regarding compliance with Section 504 of the 1973
Rehabilitation Act by the State of Virginia.
LETTER FROM SCHOOL SUPERINTENDENT RE: LATE COMPLETION OF NEW
HIGH SCHOOL
The Board noted receipt of a copy of a letter from Dr. Melton
F. Wright, Division School Superintendent to the construction engi-
neer regarding the late completion of the new high school.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS
ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
man, B and of S�rvisors CXerk, Board of Supervisors
A Regular Meeting of the Frederick County Board of Supervisors
was held on September 10, 1980, at 7:00 P.M. in the Board of Super-
visors` Meeting Room, 9 Court Square, Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice-
Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm; and
Kenneth Y. Stiles. Mr. Stiles arrived late and therefore is not in-
cluded in the votes on the first four issues.
CALL TO ORDER