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April 28, 1982 Regular MeetingJ2l A Regular Meeting of the Frederick County Board of Supervisors was held on April 28, 1982, 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; David L. Smith and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend J. William Hough of the Braddock Street United Methodist Church. ADOPTION OF AGENDA Mr. Stiles stated he had a brief item under "County Officials ". Mr. Baker requested that under "Committee Reports" he would like for the Board to delete the Personnel Committee Report inasmuch as the Personnel Committee was unable to meet. He further stated that he would like to add a Finance Committee Report which had been given to the Board prior to the start of the meeting. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the agenda was adopted as amended. Mr. Stiles stated that in a memo sent out on April 15 listing the various Department Heads, Mrs. Kelican was listed as a Department Head and that was incorrect. Mr. White stated that that was an error. Mr. Stiles requested that this be corrected. Mr. Stiles further stated that he had had several requests for all night lighting at the Clearbrook Park. He further stated that he felt the placement of one or two dusk to dawn lights would make it a safer situation. DR. PAUL PEDERSEN, DIRECTOR OF THE HEALTH DEPARTMENT ADDRESSES BOARD Dr. Pedersen appeared before the Board and stated that he would like to transfer $8,000.00 in excess revenue from this year's budget forward to the 1982 -83 budget. He further stated that he was also asking permission to defer some of the revenues. Dr. Pedersen stated that if the department spends over what is budgeted that they would have to come back to the various governing bodies, for their approval, prior to any obligation of these funds. Mr. Koontz stated that it was his understanding that the policy of this Board in the past was that all unspent monies be returned to the County. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, that the Board operate under the outline requested by Dr. Pedersen and return excess funds through March 31, and any additional funds accumulated between then and June 30, 1982, be permitted to carry forward to next year. This would be approximately $2,500.00 and the Health Department would be returning back to the County approximately $8,000.00. The Board discussed with Dr. Pedersen the possibilities of receiving an informational report from his office and the Board felt that a quarterly report would be sufficient and if something should come up before that time Mr. White would be in touch with Dr. Pedersen. RESOLUTION HONORING MICHAEL TAY TRIPLE A CHAMPIONSHIP - APPROVED , R - STATE WRESTLING Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the following resolution was approved: WHEREAS, Michael Taylor is a senior at James Wood High School where he is a member of the school wrestling team, and; WHEREAS, he did win the State Wrestling Triple A Championship in the 185 pound weight class, and; WHEREAS, this achievement has brought honor and credit to himself, his school and to his community; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors hereby express its congratulations to Michael Taylor for his outstanding achievement; BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mr. Taylor. RESOLVED this 28 day of April, 1982. /s/ S. Roger Koontz /s/ Rhoda W. Maddox S. Roger Koontz, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings /s/ William H. Baker William H. Baker ATTEST: /s/ James M. White James M. White, Clerk /s/ David L. Smith David L. Smith /s/ Kenneth Y. Stiles Kenneth Y. Stiles RESOLUTION HONORING JOHN KOEGL - ALL STATE BAND MEMBER - nPPPOVFn Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the following resolution was approved: WHEREAS, John Koegl is a senior at James Wood High School where he is a member of the school band, and; ��� WHEREAS, he won the All State Band Competition in the alto saxophone category, and; WHEREAS, this achievement has brought honor and credit to himself, his school and to his community; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors hereby express its congratulations to John Koegl fo his outstanding achievement; BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mr. Koegl. RESOLVED this 28 day of April, 1982. /s/ S. Roger Koontz, /s/ Rhoda W. Maddox S. Roger Koontz, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings /s/ William H. Baker William H. Baker ATTEST: /s/ James M. White James M. White, Clerk /s/ David L. Smith David L. Smith /s/ Kenneth Y. Stiles Kenneth Y. Stiles Mr. Stiles requested that Mr. White contact the various youth and civic organizations as well as the school and ask that the County Administrator's Office be notified when someone within their organization receives a State award in order that the Board might recognize this individual. -82 - LLOYD L. AND CAROLYN J. ROBERTS - STONEWALL 11 Al M1[Tn IlT AnMn1l /CM Mr. Gyurisin presented this conditional use permit request and stated that the Planning Commission had recommended approval, with conditions. Mrs. Roberts appeared before the Board on behalf of their request. Mr. Stiles questioned the section under the department of Inspections that stated a certificate of occupancy be applied for. He requested clari- fication on this from the Inspections Department. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that the conditional use permit #005 -82 of Lloyd L. and Carolyn J. Roberts, 1644 Cardinal Drive, Winchester, Virginia, requesting a permit for a home occupation /beauty salon be approved. This property is designated as Tax Map 55(B), Parcel 42, in the Stonewall Magisterial District. ZMAP #005-82 - ROBERT D. AND JANI MAGISTERIAL DISTRICT - A PPROV ED BROWN - STONEWALL Mr. Gyurisin presented this rezoning request and stated that the Plann- ing Commission recommended approval. Mr. Brown appeared before the Board on behalf of his request. -24 Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, that zoning map amendment petition #005 -82 of Robert D. and Janice M. Brown, P. O. Box 316, Winchester, Virginia, consisting of 1.489 acres on the southeast corner of U.S. 11 and Route 672, now zoned A -2 (Agricultural - General) be rezoned B -2 (Business - General) be approved. This property is designated as Parcel No. 163 on Tax Map No. 33(A) in the Stone- wall Magisterial District. MAP #003 -82 - SHIRLEY (STRICT - AP PROVED Mr. Gyurisin presented this request stating that the staff recommended denial and further that the Planning Commission was tied on a decision, therefore this request was being sent to the Board without a recommendation from the Planning Commission. Mr. Gyurisin stated that a letter had been received from Mr. Sluder, of the Health Department, stating that a deed of easement must be received from the adjoining neighbor before the Health Department will issue a permit to Mrs. Meade. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the Board of Supervisors went into Executive Session at this time under Section 2.1 -344 (a)(6), legal, to discuss this rezoning request. Mr. Stiles stated that a letter had been received from Mr. Russo and he would like for this letter to be part of the minutes of the meeting. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that Mr. Russo's letter be made part of the minutes of this meeting. April 26, 1982 Frederick County Board of Supervisors P. O. Box 601 Winchester, Virginia 22601 Genetlemen and Gentlewoman: RE: Shirley Meade Zoning Change Hearing I shall point out what the future shall be if the change from A -1 to B -2 will be approved: 1. Traffic problems shall occur and because of the lay of the land a traffic light will need to be installed. 2. What say about the sewage problems? (There are 5 house trailers on the land at this moment) and 11 people - not counting guests at times use that same potential restaurant land. 3. The value of the area properties will surely decline. AM: - nAINFSRnRO MAGISTERIAL 4. Where food is dispensed rats will move in. (Another Milwaukee will occur.) 5�5 gate. 5. Later a wine and beer license will be issued. 6. Still later the drunks of West Virginia and Virginia will congre- 7. Still later - what comes after wine and beer? With the above enumerated 6 reasons, I stand opposed to the zoning change. DIEU DEFEND LE DROIT. Spiritually yours, /sl Reverend Benjamin J. Russo Reverend Benjamin J. Russo Route 50, Gore P. O. Box 405 Winchester, VA 22601 Mr. Koontz stated that the Board felt this hearing was basically for the rezoning request and they are not concerned with the Saniation permit and further, that Mrs. Meade would have to clear this with the Health Department before she could proceed with this project. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, that the rezoning amendment petition #003 -82 of Shirley Meade, Box 73, Gore, Virginia, consisting of .5 acres now zoned A -1 (Agricultural- Limited) be rezoned B -2 (Business - General) be approved. This property is designated as Parcel No. 35 on Tax Map No. 26 in the Gainesboro Magisterial District. ZMAP #004 -82 - DAVID L. MOULDEN - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Gyurisin presented this request stating that the Planning Commis- sion recommended approval. Mr. Moulden appeared before the Board on behalf of his request. He asked the Board about the evaluation from the Highway Department and the Board stated that that had nothing to do with these requirements and that Mr. Moulden would have to discuss this with the Highway Department at the proper time. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, that zoning map amendment petition #004 -82 of David L. Moulden, Route 1, Box 200, Clearbrook, Virginia, consisting of .76 acres, now zoned A -2 (Agricultural - General) be rezoned B -2 (Business - General) be approved. This property is designated as Parcel No. 115 on Tax Map No. 33(A) in the Stonewall Magisterial District. SUBDIVISION REQUEST - NOTTOWAY TOWNHOUSE PROJECT - OPEQUON MAGISTERIAL DISTRICT - APPROVED - 32 Mr. Gyurisin presented this subdivision request and stated that the Planning Commission recommended approval. Mr. Dave Whitacre, Attorney, appeared before the Board representing Mr. Bowman, Developer of Nottoway Subdivision. Mr. Whitacre stated that the laterals referred to under the Sanitation Department comments had been extended. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, the subdivision request for Nottoway Townhouse Project is hereby approved. CANCELLATION OF I APPROVED :TIVE CONDITIONAL USE PERMITS - Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the cancellation of inactive conditional use permit #012 -78 of Ronald W. and Denise M. Smith is hereby approved. Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, the cancellation of inactive conditional use permit #009 -80 of N. E. Dovel is hereby approved. Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, the cancellation of inactive conditional use permit #015 -80 of Judith Ware is hereby approved. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the cancellation of inactive conditional use permit #021 -80 of Naomi F. Nelson is hereby approved. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the cancellation of inactive conditional use permit #010 -81 of Rosella Shade is hereby approved. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the cancellation of inactive conditional use permit #011 -81 of Jerry and Kathy Harris is hereby approved. At this time the Board reviewed the list prepared by the Planning Office of conditional use permits with a one year limit and those with no time limit. The Board discussed the various reasons for advertising the conditional use permits with a one year time limit. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. Baker, Chairman of the Finance Committee, presented the following report: 527 The Finance Committee met on 27 April 1982 with all members present and makes the following report and recommendations: FY82 Audit The Committee had instructed the staff to prepare specifications and solicit proposals from CPA firms to conduct the Audit of County records for the fiscal year ending 30 June 1982. The Committee noted that eight proposals were received. Six were from firms with offices in Winchester. The Committee reviewed the staff analysis of the proposals, noting a wide range of experience and fees. The Committee recommends that the firm of Robinson, Farmer, Cox Associates, P.C., of Charlottesville, be selected for a fee of $13,000.00. The Committee based its recommendation on the fact that this firm had the best overall proposal and was also the least costly. The next best pro- posals had proposed fees of $21,300.00 and $20,000.00 respectively. The potential three year savings by using R.F.C. over the next best proposal is $27,900.00. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. FY83 Budget The Committee reviewed revised available funds for the FY83 Budget. The Committee noted that a revised estimate of revenue sharing funds from the Federal Government had been received increasing these funds by $62,486.00. The Committee also noted that the method for calculating the employer share of VSRS for General Government employees can be revised from the original 5.7% to a three year phased approach, using 4.06% the first year, as authorized by the General Assembly, with a first year savings of $28,892.00. The Committee noted the third year share would be slightly higher, but is not significant. The Committee also noted an additional $8,000.00 may be set aside as savings from projected audit costs and an additional $37,454.00 may be set aside by reducing the operational transfer balance to $100,000.00. The Committee noted that $3,150.00 in general fund money was acquired as a result of the Board's budget worksession last week. The Committee recommends that the additional funds be made available to fund the additional $25,000.00 for the fire departments at $10,000.00 each, and after adjusting for minor budget errors the balance of $110,422.00 be allocated to the Judicial Center reserve. The Committee does not recommend any additional money be approved for the School Board. 5/U The Committee reviewed a funding summary to pay the costs for the Judicial Center. The Committee feels that any additional funds which are available this year be allocated to the Judicial Center project to offset the need for a transfer from Capital Reserve Funds in FY84. The funding summary for the Judicial Center reflects the current recommendations of the Finance Committee. Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, that the budget be advertised for public hearing on May 12, at 7:00 P.M., in the Board of Supervisors' Meeting Room. The Board recessed at this time for five minutes and then went into a budget worksession. UPON MOTION MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. 1 hair r6;), B ar .0 Si4nervii C erk, B