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HomeMy WebLinkAboutAugust 26, 1981 Regular Meeting337 A Regular Meeting of the Frederick County Board of Supervisors was held on August 26, 1981, 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 and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend James Guthrie of the Burnt Presbyterian Church. ADOPTION OF AGENDA Mr. Owings stated that one of his constituents, Mrs. JoAnn Lantz, would like to address the Board prior to the School Boar appointment from Opequon District. Mr. Stiles stated that he had three items he would like fo the Finance Committee to consider at their next meeting. Mr. White noted that he had received correspondence from attorney David Andre' with regard to the court case of Oak Hill Subdivision, which he had given to the Board, and that he was pleased to report that the Court found in favor of the County. Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the agenda was adopted with the above amendments. LEWIS M. COSTELLO APPOINTED TO SCHOOL BOARD FROM OPEQUON DISTRICT - APPROVED Mr. Owings stated that he felt the five member committee, that he had chosen to select a nominee for the position on the School Board from Opequon District, had made the right decision when they unanimously selected Lewis M. Costello as their choice for this appointment. He further stated that he felt, as did the people of Opequon District, that they have the right to pick the person they feel should represent them on the School Board. Mr. Owings further stated that he felt Mr. Costello was very qualified for this position and that at no time had anyone questioned his qualifications. Mr. Costello appeared before the Board at this time. Mr. Koontz asked Mr. Costello what his feelings were concerning the quality of education in the Frederick County Schools. Mr. Costello stated that his children attend the Frederick County Schools and as far as he was concerned the quality of eduction was excellent. He stated that his main concern is the creditability gap that he thought might exist at this time between the spending arm and the raising arm. Mr. Koontz asked Mr. Costello if he had any problem in supporting the mandated programs within the School system. Mr. Costello stated that if it is mandated to be done then it will have to be done. Mr. Koontz asked Mr. Costello what his feelings were concerning teachers serving on public Boards. Mr. Costello stated that a teacher is a voter and is entitled to the same rights as anyone else. If these activities interfere with their jobs, or if in anyway they are in danger of voting their own funds or ingratiating themselves, their superiors or inferiors because of the position, then it should be attacked. On the other hand anything they would do with their own time is their own business and serving on public bodies is their own business. Mrs. Rhoda Maddox made the following statement: Two weeks ago Mr. Costello's name was again placed in nomination. In these two weeks I have been pressured through the media by a group of citizens and some former Frederick County Officials to compromise what I believe to be some of the basic tenets in being a public servant. I believe that in order to serve as the representative of a district of more than 6000 people one must meet several qualifications, not the least of which is attendance. When a voting member of a Board is absent from a meeting the citizens of his district have lost their vote and they are not being represented at that meeting. I believe that in order to serve as the representative of a district of more than 6000 people one must be available and 389 accessible to the public, the residents of his own district and the County as a whole. The attendance, availability and accessibility are of great concern to me in this nomination. Two months past when this Board voted on the same nominee for the same position, I stated that it was a difficult vote to make. I recognize Mr. Costello's abilities, he is probably one of the brightest of people I know, but I felt then and I feel now that the other qualification factors must be taken into consideration in this vote. I will share with you the results of the pressure campaign. I have been accused of not answering my phone. There may be times when the caller does not let the phone ring long enough for someone to get to it, but I never intentionally let my phone ring without trying to get to it to answer it. We have a large family and especially during the summer there is almost always someone here and each person knows how to take messages for me to return calls. If you feel it necessary I can account to you later for this past week. Through Monday night a total of 18 people had contacted me. Eleven wanted me to consider changing my vote, six wanted me to vote the same way I had before and one said he wanted me to know that he did not have much information about the matter but that he trusted my judgement. Tuesday morning was the first time I heard the paid ad so instead of going to my mother's to garden I stayed home to answer the phone. I received one call regarding this matter the whole day and evening. That was a call urging me not to change my vote. Wednesday - Today I have received two calls, one being one of the former supervisors who instigated the pressure campaign (anc whose wife was among the eleven I cited earlier) and one from a family member of one of the aforementioned former supervisors, and as I was leaving the house, one call urging me not to change. According to Mr. Costello's previous record as a School Board Member and by his own admission of the enormous amount of time which he must spend out of town in the normal pursuit of his profession, and feeling the way I do about the obligations of a voting Board member, I cannot support this nomination. 390 Mr. Costello stated that deliberately since the last Board meeting he had not had any contact with Mr. Owings with the exception of the past Sunday evening when he contacted him and suggested that he be present at this meeting. He further stated that he had talked to noone about contacting any of the Supervisors or about talking to anyone. Mrs. JoAnne Lantz appeared before the Board and made the following statement: My name is JoAnne Lantz and my family and I reside in Opequon District. Our four children have been and are being educated by the Frederick County School System, however Jim and I now have what we consider a major problem, and you and you alone can solve it. Since June of this year we have been without a representative on the School Board and this upsets us since our district is the most populated one in Frederick County. Our children are having all of the policy decisions made for them for this full school year without us having so much as a single voice in the proceedings. We have been cheated by a couple of you. Our district voted Mr. Owings into office and we put our trust in him and his decisions and to think we are being told by two individuals that his judgement is not to be trusted. We the people of Opequon District have talked extensively amongest ourselves and to Mr. Owings with regard to Mr. Costello's nomination and appointment. I was ecstatic when I heard Mr. Owings was going to nominate Lou, and I knew beyond a shadow of a doubt that he would be perfect for the job. Words cannot adequately express my shock and dismay when I learned that his appointment was defeated on the flimsey excuse that he might not attend meetings. Lewis Costello is not a lier. He is one of the finest individuals that I know. He attends the Stephens City United Methodist Church and is extremely active, he sings in the choir, teaches study classes and fills both our pulpit and others in the area when called upon to do so as a lay preacher. These are just a few of the areas in which he is active. He is an individual whose word I would believe without question. When he makes a committment he fullfills it and Lou has given his word that he will be able to attend the meetings 391 of the School Board. His application to Mr. Owings has also affirmed his intentions in writing. As far as we are concerned this should be the end of the pettiness involving whether or no{ he will attend to his duties as a School Board member. These men are not prevaricators and should not be treated as such. Maybe, we the public took for granted that Lewis would receive the appointment when nominated the first time, and we were all pathetic in our reactions. However, since then the Bypartisan Committee for Better Schools has come into being and Mr. Costello's appointment to the School Board has received top priority. This group is made up of citizens from the entire county and encompasses all age groups and political background. We have canvassed hundreds of people and have been told by the vast majority that we want Lewis Costello as the Opequon District representative on the School Board. Over five hundred of these individuals have fixed their names to petitions witnessing to their feelings. The public has spoken, in mass, for all over the County. We are appealing to you in one voice. Give us this fine upstanding parent, lawyer to represent us on the School Board so we can have what the constitution guarantee us, full representation, the rest is up to you. Mr. Stiles stated that he had taken it upon himself during the last few days to contact as many as possible former colleagues of Mr. Costello's on the Winchester School Board on which he served from 1968 to 1972. He further stated that h had also contacted some of the City Council Members that were associated with the School Board at that time as well as admini strative staff that he had worked with, and everyone of them stated that there were times that they did not always agree wit his decisions, but they were consistent to the person in their opinion that Lewis Costello was one of the most dedicated, hard working members of the School Board. Mr. Stiles stated that it is very difficult to find qualified, capable and competent people who are willing to sacrifice their time to serve on public positions, and to deny this nomination would only make this more difficult. Mr. Baker made the following statement: 392 Before casting my vote I do wish to have the opportunity to express myself to the members of the Board and the citizens of Frederick County, particularly those of Back Creek District. Certain news media articles have commented that in June, I voted as "I was told to vote by the Chairman of the Frederick County Democratic Party ". In addition I have been asked if the superintendent of Schools had talked to me concerning my vote. I wish to clarify both of these points, I emphatically state, neither of these is true. My vote was cast based on my own personal convictions relating to the concern which I addressed. I trust the news media will attempt to provide equal attention to this statement, particularly in light of the fact that it is true and not conjecture on my part. One further Point, out of what some have seen fit to term as being "An injustice to the people of Opequon District' and "The County had been cheated, badly ", apparently some good has come to the citizens of Frederick County as whole, the establishment of the "Bi- Partisian Committee for Better Education ". I sincerely trust that their interest in the children and educational system of Frederick County will continue. Certainly it has been a long time in coming. We are now entering a new School year and to prolong the situation of being shy one School Board member would gain nothing. I still have my personal convictions, however after listening to some of my constituents, none of whom addressed the subject pro or con between June 11th (date of original nomination) and June 24th (date of original vote), I am willing to pass the responsibility of the Opequon School Board appointment directly to Mr. Owings. I will therefore vote "Aye" for Mr. Costello. Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the appointment of Lewis M. Costello, from Opequon District, to the Frederick County School Board for a four year term, said term to commence September 1, 1981 and terminate on September 1, 1985. 393 The above resolution was passed by the following recorded vote: Aye - Will L. Owings, William H. Baker and Kenneth Y. Stiles. Nay - Rhoda W. Maddox. Abstaining - S. Roger Koontz and R. Thomas Malcolm. Mr. Costello stated that when the Judge of the Court tells him to be there he plans on doing just that but that, he will do his best to do this job right. Mrs. Maddox stated that she would like to congratulate Mr. Costello and she looked forward to working with him and that she sincerely hoped that her concerns were unfounded. Mr. Owings stated that he would like to thank the Board fore their support as well as the people of Opequon District and the entire County. RECESS REQUEST BY MR. STILES FOR CERTAIN ITEMS TO BE BROUGHT BEFORE THE FINANCE COMMITTEE Mr. Stiles stated that he would like to know the status of the BPOL Tax that was discussed during budget preparation. Mr. White stated that this is on the agenda to be discussed with the Finance Committee meeting scheduled for September 1, 1981. Mr. Stiles stated that according to the press there had been several changes in the School budget since the adoption of the budget. He further stated that he would like for the Finance Committee to get an orderly statement of where the School budget is at this time. Mr. White stated that this too was included on the agenda for the meeting on September 1. Mr. Stiles stated that he thought it would be a good idea if at the beginning of the budget preparations for next year, if the Board of Supervisors would request the School Board to submitt the cost associated with the requirements mandated by the standards of quality and, in conjunction with that an assessment of where the County was as far as meeting these standards. Mr. Stiles stated that he had a citizen mention to him, and in turn he was passing it on to the Board, that the Board consider having real estate and personal property taxes 394 collected twice a year instead of once a year as it is currently done. PUBLIC HEARING CUP #012 -81 - BENJAMIN P. AND ROSEMARY C. CONNOR - CREEK MAGISTERIAL DISTRICT - DENIED Mr. Horne presented this request stating that the Planning Commission unanimously recommended that this application be denied. Mr. Baker inquired as to the property owners on adjoining sides of this property and if there would be any problems with them coming into the South Agricultural District. Mr. White stated that this does not have to be adjacent, it can be within a linear mile. Mr. Malcolm stated that in the conditions, the firing of guns creates a question and he could not see where this question had been answered. Mr. Stiles stated that there would be adverse impact because of the outdoor firing of guns. Mr. Malcolm stated that he was concerned about the staff recommendations and what their concerns are with regard to the j - adverse impact on the Agricultural District. Mr. Horne stated it was not the gunshop, but rather the outdoor firing that is the concern. Mr. Bernie Schwartzman, of Stonewall District, appeared before the Board and questioned if the party had the proper setup for this operation. Mr. Stiles stated that it had not been pointed out, and he thought maybe it should have that this shop has been in operation and it is a fact that the guns being fired does create a problem, and further that there had been substantial testimony to back this. Mr. Stiles stated for clarification that if the Board concurred with the opinion of the Planning Commission, Mr. Connor would begin to phase out his operation and that it was felt this would probably take 4 to 5 months to complete. Upon motion made by William H. Baker and seconded by Kenneth Y. Stiles, 395 BE IT RESOLVED, That the Board of Supervisors of the County! of Frederick, Virginia, does herein deny the conditional use permit request #012 -81 of Benjamin P. and Rosemary C. Connor, Rt. 4, Box 400, Winchester, Virginia, for a home occupation /accessory structure for a retail gun shop and gunsmithing service. This property is designated as Parcel 19 and 20 on Tax Map 61 in the 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. AN ORDI NANCE TO A MEND T HE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE XIV, CL+!`TTnM 11- 17/l /el - DL'(-TIT. TTTnWTC VnD T.Tnnn DT3r%rVCCTA1r- VEDnC - Mr. Horne presented this ordinance amendment request stating that this is an amendment to Article XIV, Section 21- 120 (a) of the Frederick County Zoning Ordinance dealing with an amendment to the M -1 Industrial Limited Zoning Requirements. The effect of the ordinance is to allow wood chipping operation within an M -1 District providing they meet the conditions listed under the amendment. The original request was for a rezoning from an M -1 property to M -2. He stated that the Planning Commission felt that this rezoning was not necessary in that the appropriate action would be to amend the M -1 Zoning Regulations to allow this operation in the M -1 Zone because it more appropriately met the intent of the M -1 regulations. Mr. Jack Vorbaugh, Forrester with Westvaco, addressed the Board. Mr. Stiles stated that approximately 2 years ago this project was started. He further stated that Westvaco was told at that time by the County staff that the zoning was as it should be for this type of industry, but from that time to this the zoning has been changed and now it is not zoned for this type of industry which means Westvaco has a piece of property they cannot use for what they originally purchased it for. Mr. Donald Cline, of Clearbrook, appeared before the Board in opposition to this ordinance amendment stating that he felt 39 he would be directly effected inasmuch as he lives across Route 11 from where this project is proposed. Mr. Charlie Romine, of Stonewall District, appeared before the Board and stated that he was opposed to this ordinance amendment and further that he was in agreement with Mr. Kline and Mrs. Estella A. May in their objections to this project. Mrs. Estella May was unable to attend the meeting and requested that her letter be read: Box 168, Rt. 1 Clearbrook, VA July 18, 1981 Frederick Co. Planning Commission 9 Court Square Winchester, VA Dear Mr. Chairman and Members of the Board: Since Westvaco has withdrawn its application for an M2 zoning of the land it owns on Route 11 North and is now applying for an admendment to the M1 zoning of that property, and because I will be away when their application comes before your Board and the public on August 19, I would remind the Board of the petition presented July 15 in behalf of the residents of Route 11, North. I would also remind the Planning Commission that that petition bore the signatures of over 60 tax - paying residents of the area (not 40, as erronously reported). I was a bit disturbed that from the time we visited the Hampden plant of Westvaco until the July 15th meeting, the anticipated number of daily trucks to be used had been raised from the promised 10 to 20. Although the visit to the Hampden plant resulted in the noise level having been reported as less objectionable than anticipated, it is, none the less, a noisy industry and one which the residents of Route 11 North feel could be tolerated only if very strict requirements are embodied in any site plan offered Westvaco. The residents of Route 11 North trust that the Planning Commission, at its July 28 work session will give due consideration to the wishes of the residents of the area and strive for the protection of there interests. We trust the Planning Commission realizes that any site plan presented at the August 19 meeting must not only protect the interests of the residents of the area but represent their wishes as well. I believe you will all agree that a wood chipper is not an industry to be welcomed into an already established area of homes. In my absence, please record any voice this letter at both your July 28th and August 19th meetings, as my personal sentiments regarding Westvaco's locating in our midst. I sincerely believe it speaks for those 60 or more signers of the petition earlier presented the Planning Commission Board. Thank you. Respectfully, /s/ Estella A. May Box 168, Rt. 1 Clearbrook, VA Aug. 23, 1981 397 Chairman of the Board of Supervisors 9 Court Square Winchester, VA Dear Mr. Chairman and Members of the Board: The recommendation of the Planning Commission for a change in ordinance in order that Westvaco may locate a wood - chipping plant on Route 11 North will come before the Board on August 26th as you well know. This recommendation is the result of what the residents of Route 11 North feel was a betrayal of trust, with little concern for the wishes of the residents of this area at the July 15th meeting of the Planning Commission. It is because of this feeling of betrayal that I feel I must again voice my opposition to Westvaco's plans and to the recommendation of the Planning Commission. I respectfully request that this letter be read at your August 26th meeting and recorded not only as my personal objection to Westvaco's locating in our midst but also as the opposition of each of the signers of a petition presented the Planning Commission at their July 15th meeting. This petition bore the signature of over sixty (not 40, as erronously reported) tax - paying residents of the area concerned and represented the sentiment of a community of people who had chosen this particular area for their homes because of the beauty and serenity of the area. We see a change in ordinance as a threat to our way of life. We know the grave danger that such a change in ordinance could bring to our area. We know that industrialization invariably leads to greater pollution, additional noise, increased heavy traffic and a depreciation of l property values. It was my good fortune to be included in the group who visited the Westvaco plant in Hampden, S.C. a short while ago, a trip financed by that company in their efforts to locate in our midst. At the risk of sounding very ungrateful, I feel I must again voice my opposition to their plan. Though we all, upon return, agreed the plant was less noisy than we had anticipated, none the less it was a very noisy operation and it was not located in a seemingly residential area. When we visited the plant we were told there would be not more than 10 trucks used daily in the plant proposed for the Clearbrook area but when their petition was presented to the Planning Commission on July 15th, the number of trucks had already increased to 20, making a total of 40 trips on Route 11 daily. We were also told that the personnel would consist of probably 3 workers and kept at a maximum of 10; certainly not an industry to be very helpful to the employment problems of our area. To change the ordinance for the convenience of this company may well act as a Pandora's Box for other industries choosing to enfringe upon the residential character of our well established neighborhood of homes. We do not welcome Westvaco in our midst. We trust that you will consider the wishes of the residents of Route 11 North who will be so adversely effected by the change in ordinance suggested by the Planning Commission and so voted at their August 19th meeting. We trust you will not only give consideration, but preference, to the wishes of the residents of Route 11 North rather than to a company which offers so little to the community at the expense of so many. Westvaco, without any consideration of the residential character of the area, in greed sought to satisfy its needs. Consequently, we feel responsibility for neither their needs not their investments and do not wish to satisfy their greed by accepting responsibility for their investments. We do not want Route 11 North to become Valley Avenue #2. 398 Very respectfully, /s/ Estella A. May P. S. I have just been invited to attend your August 26th meeting but due to a prior commitment this is very improbable as far as attendance is concerned, hence my letter to you. At the same time, I learned that my request for a reading of my earlier letter at the August 19th meeting of the Planning Commission was ignored. Mr. Stiles requested that Mrs. May's letter to the Planning Commission also be made part of the record. Mr. Charlie Boyd, of Stonewall District, appeared before the Board and asked if anyone had considered the noise factor involved in a plant such as this and how this would effect the neighbors. Mr. Vorbaugh stated that he realized there would be an increase in traffic, but that they were not doing anything illegal and if Westvaco was turned down something more undesirable might locate on this property. Mrs. Maddox inquired as to whether there was an odor connected with this wood chipping. Mr. Vorbaugh replied yes, there is. It is an odor of fresh pine. Mr. Owings asked how far from the nearest residence would the building or chipper be located. Mr. Horne replied over 800 feet. Mr. Owings asked about the hours of operation. Mr. Vorbaugh stated that he could not give a definite time on this. Mr. Stiles stated that with the way the property is zoned at this time, anyone could come in and operate 24 hours and there would be nothing the County could do about it. He further stated that he was voting in favor of this zoning amendment with great regret to the neighbors, but Frederick County told these people the land was zoned for what they wanted to use it for. Mr. Koontz asked if Westvaco was willing to restrict this to one building and chipper. Mr. Vorbaugh replied yes, that in 5 to 10 years we plan on having the same size operation as we have now. 3991 Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the Countyl of Frederick, Virginia, does herein approve the Ordinance to amend the Frederick County Code, Chapter 21, Zoning, adopted July 12, 1978, to amend Article XIV, Section 21- 120(a) - Regulations for Wood Processing Yards. The above resolution was passed by the following recorded vote: Aye - Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. Nay - S. Roger Koontz. BOARD OF ZONING APPEALS ACTION OF AUGUST 18, 1981 DISCUSSED IN EXE CUTIVE SESSIO - APPROVED Mr. Stiles requested that the memo regarding the Board of Zoning Appeals action of August 18, 1981 be discussed in Executive Session. The Chair so ruled. POLICY FOR THE LOCATION OF A RU IN FREDERIC COUNTY - DISCUSSED L RE CREATIONAL FACILITIE Mr. Stiles asked why the Board did not receive the letter that had been sent from the Parks and Recreation Commission with reference to a policy for the location of a rural recreational facility in Frederick County. Mr. White stated that this was still a working paper and the fact that it had not been finalized was the reason the Board had not received it. JUDICIAL CENTER COMMITTEE REPORT AND RECOMMENDATIONS Mr. Malcolm stated that the Board of Architectural Review had met this date and was unanimous in their approval. He further stated that the BAR did request to see the color of the brick to be used in this project. Mr. Malcolm further stated that the City reviewing agencies had also given their approval and with these 2 approvals it was hoped that bid documents will be ready by the first of the year. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344, Subsection (a)(1) to discuss personnel. M 4 STATEMENT MADE BY RHODA W. MADDOX CONCERNING EXECUTIVE SESSIONS I consider Executive Sessions to be very serious. The Board of Supervisors is allowed by the Code of Virginia to discuss certain matters in closed session, and we have a moral and ethical obligation to keep those matters confidential until such time that they may be discussed in open session. If I am going to read in tomorrow's paper a report of tonight's Executive Session, whether true, false, generalized or implied, give by quote, "one Supervisor who asked not to be identified ", unquote, to a reporter who was, to the best of knowledge, not present at our Board meeting, I would rather sit here and discuss matters openly than to have the people of Frederick County wonder which of their elected officials does not abide by his moral and ethical obligations. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by Kenenth Y. Stiles and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO EXECUTIVE SESSION Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. W ION OF DECISION OF BOARD OF ZONING 1 n n 1 Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein refer the decision of the Board of Zoning Appeals of August 18, 1981 to Lawrence Ambrogi, Commonwealth Attorney. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED HAT THE BOARD OF k (. A Ch ax a and o perviso: ,RVISORS DO NOW ADJOURN. /S7 f erk, Board of Supervisors