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September 24, 1980 Regular Meeting63 Mr. White asked Mr, Costello if he had requested that his prop- erty be retained in its current zoning category and Mr. Costello stated that he had appeared every time he could to make this re- quest. Mr. White then asked Mr. Costello if he acknowledged that there could be a potential conflict between his property and the mining property behind him and Mr. Costello replied that this operation is being moved across the road and that he felt because of the extractive mining district, in which quarrying operations will be placed, the entire operation will move across the road. Mr. Randolph Larrick appeared before the Board representing Mr. J. P. Darlington, the owner of Parcels 96, 97 and 98 on Tax Map #54, zoned M -2 and Parcel 25, zoned R -3 and a portion M -2. He stated that they have informally submitted a plan to rezone this property so that it will be consistent with the surrounding area. He requested that the property be zoned business or M -1. Mr. Stiles asked him if he was requesting this zoning for the entire tract and Mr. Larrick replied that this was correct. The Board recessed for five minutes. The Chairman thanked the Planning Commission members, Board members, and the general public for attending the meeting and presenting their comments. He advised that the comments would be considered and the Planning Commission and Board would hopefully vote on this issue at their October meetings. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. �- �,1 .Cb n, oa d of �Supervi !f r 1 Clerk, Board of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on September 24, 1980, at 7:00 P.M. 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 M rME E and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend James Cook of the First United Methodist Church. ADOPTION OF AGENDA Mr. White requested the Board to add the Public Hearing on the right -of -way sale of property for the improvement of the road to the Dowel]_ J. Howard Vocational School, which he advised has been duly advertised and was inadvertently omitted from the agenda. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stile= and passed unanimously, the agenda was adopted with the above addi- tion. APPOINTMENT OF MRS. BARBARA BLACK TO SCHOOL BOARD FROM BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Baker presented the name of Mrs. Barbara Black to the Board for appointment as the Back Creek District representative on the School Board. Mrs. Black appeared before the Board to answer questions from the Board members. Mr. Stiles asked Mrs. Black what her position was regarding collective bargaining for public employees, and Mrs. Black replied that she understood that at this time it is illegal and if this should change she would make a decision based on the facts she could accumulate. She added that she could not support it at this time. Upon motion made by William H. Baker and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Mrs. Barbara Black to serve as the representative from Back Creek Magisterial District on the School Board to fill the unexpired term of Mrs. Virginia L. Conner, said term to expire June 30, 1984. The above resolution was passed by the following recorded vote: Aye - William H. Baker, Will L. Owings, Rhoda W. Maddox and Kenneth Y. Stiles. Abstaining - S. Roger Koontz and R. Thomas Malcolm. AP POINTMENT OF MRS. LA URA BR ADBURNE AS SC BOARD TIE BREAKER - AVI)ROU T) 65 The Chairman stated that the appointment of the tie breaker for the School Board is mandatory under state law and that the Board has received five (5) applications for said position. Mr. Stiles stated that he had two legal questions; first, is this a personnel matter and secondly, what happens if the appoint- ment if not made by October 1, 1980. Mr. White advised that he had talked with the Attorney General's- Office and they advised that the appointment should be made before October 1, 1980, which is the effective date of the statute. He further advised that if the Board failed to make the appointment by October 1, 1980, a writ of mandamus could be issued to force the Board to make the appointment. Mr. Stiles then nominated Dr. Raymond L. Fish for appointment as the School Board Tie Breaker. The nomination died for lack of a second. Mr. Owings then nominated Mrs. Laura Bradburne for appointment as the School Board Tie Breaker and this nomination was seconded by Mr. Baker. Mrs. Bradburne appeared before the Board and Mr. Stiles asked her what her position was on collective bargaining for public employees. Mrs. Bradburne replied that it is illegal and there- fore she did not feel there was a question as to what her position is. Upon motion made by Will L. Owings and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Mrs. Laura Bradburne to serve as the School Board Tie Breaker for a term of four (4) years, said term to commence October 1, 1980 and terminate September 30, 1984. The above resolution was passed by the following recorded vote: Aye - Will. L. Owings, William H. Baker, Rhoda W. Maddox and Kennett Y. Stiles. Abstaining - S. Roger Koontz and R. Thomas Malcolm. REQ UEST FOR TEMPORARY MINING PERMIT - LARRY COOK - DENIED Mr. Stiles moved to refer the request for temporary mining permit of Larry Cook back to the Planning Commission for study and recommendation. Mr. Malcolm seconded the motion for discus- sion. Following a brief discussion, it was determined that it 66 would not be proper procedure to refer this matter back to the Plan- ning Commission. Therefore, Mr. Malcolm withdrew his second to the motion and Mr. Stiles withdrew the motion. Mr. Cook appeared before the Board in support of his request and stated that if the temporary permit is denied, he will go bankrupt due to the fact that he will be unable to continue his mining opera- tion. He added that he had continued his mining operation on advice of his attorney even though the permit had been denied; that his counsel had advised him that he could do this so long as he did not process the sand in Frederick County. There followed a brief discussion wherein several Board members expressed concern regarding the amount of time Mr. Cook in which to process a proper application and his lack of response to do so, and the right of the Board to approve a permit for an illegal opera- tion. Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny the request of Larry Cook for a temporary mining permit to extract sand from the property on which he has a lease (Brill Property) in Back Creek Magisterial District. 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. ZEIGER SUBDIVISION SETTLEMENT OF - DENIED Mr. Stiles moved to go into executive session to discuss this matter, in accordance with Section 2.1 -344, Subsection (a)(6) of the Code of Virginia, 1950, as amended, because of the legal questions involved. This motion was seconded by William H. Baker and passed unanimously. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the Board withdrew from Executive Session. Upon motion made by Kenneth. Y. Stiles, seconded by Will L. Owings and passed unanimously, the Board reconvened into Regular Session. Upon motion made by William 1�. Baker and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of 67 Frederick, Virginia, does herein deny the offer of Leon B. Zeiger, made through his attorney, Thomas M. Dickinson, Jr., in the amount of $4,000.00 as full settlement of the claim for the $6,791.15 override of the original bond on Zeiger Subdivision, Section 5 and does direct the Commonwealth's Attorney to pursue full payment of said claim, plus interest. 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. RIGHT -OF -WAY SALE OF SCHOOL PROPERTY FOR IMPROVEMENT OF ROAD TO DOWELL J. HOWARD VOCATIONAL SCHOOL APPROVED The Board considered a letter received from the Virginia Department of Highways regarding the right -of -way sale of school property in regards to Route 659, Project 0659 - 034 -147, C501 in Frederick County. This project requires 0.424 acres of property belonging to the County School Boards of Clarke and Frederick Counties and the City of Winchester on which the Dowell J. Howard I Vocational Center is located. i Therefore, on motion of R. Thomas Malcolm and seconded by William H. Baker, the Board unanimously endorsed the sale as shown on Sheet 3 of Plan Route 659, Project 0659 - 034 -147, C501, Frederick County. UPON MOTION DULY .MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. 7 /er of Supervisors