October 30, 1979 to December 03, 1979239
An Adjourned Meeting of the Frederick County Board of Supervisors was
held on October 30, 1979, at 7:30 P.M. in the Board of Supervisors' Meeting
Room, 9 Court Square, Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chair-
man; Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm.
ABSENT: Kenneth Y. Stiles.
CALL TO ORDER
The Chairman called the meeting to order
DISCUSSION WITH FREDERICK COUNTY SANITATION AUTHORITY RE: PROPOSED
REGIONAL WASTEWATER TREATMENT PLANT
• Mr. Koontz stated that the primary purpose of the meeting was to discuss
the proposed regional wastewater treatment plan so that everyone fully under-
stood the concept and a decision could be reached on this matter. He re-
quested the Frederick County Sanitation Authority to make their recommenda-
tion to the Board prior to the November Board meeting.
Mr. W. H. Jones reviewed the basic concept of the plan and stated that
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the earliest possible date for completion would be mid 1985. He explained
the proposed method of funding, stating that $122,000 was being requested
from each jurisdiction ($61,000 in Fiscal Year 1980 -1981 and $61,000 in
Fiscal Year 1981 -1982) and that at the start of construction the Authority
would float a bond issue and the funds would be repaid to the localities.
He advised that 75% of the costs are grant eligible.
Dr. Fish stated that if 85% of the plant will be used by the City and
only 15% by the County, he felt the funding should be pro -rated according
to use, and not split 50/50. Mr. Jones stated that this could be considered,
should the Board so desire.
Mr. Diehl, Chairman of the Frederick County Sanitation Authority stated
that he felt strongly that a tiered permit should be sought for the plant
and Mr. Jones stated that it was the consensus of the consultants that EPA
would eventually force the State Water Control Board to study the tiered
permit request.
Mr. Koontz stated that he had talked with Mr. Jim Preston.�.of.the(,State
Water Control Board and Mr. Preston had advised that they could not issue
a tiered permit until they know what the effluent from the plant will be ands
that it must be constructed to handle the worst possible conditions.
Both Mr. Jones and Mr. Diehl stated that they felt EPA would see that
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this matter is reconciled upon submittal of the plan for their review and
approval.
Mr. Diehl, stated that he still had problems with the proposed size of
the plant; that 30% would be used by the apple processors and they have sub -I
mitted only letters of intent. He added that should they back out, the pl
would be 30% oversized.
Mr. Koontz advised that to the best of his knowledge letters of intent
1 II were the most the Authority could request from the industries.
Mr. Jones advised that through industrial cost recovery, the industries
would pay a surcharge and would also pay a surcharge on additional operation
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and maintenance and this wduld. result in an overall cost reduction to the
users. He advised that the industries have studied this matter carefully and
have found that the most cost effective approach for them is through the
regional facility.
Water supply for the County was discussed at length and Mr. Jones stated
that it is set forth in the plan that the Authority will have the option to
purchase the City water system and the City must sell it should the Authority
exercise this option.
Mr. Koontz stated that the Authority may purchase the supply up to five
(5) years following completion of the plant and should this'nbt be done, per-
haps the County should consider a clause which stated that if the Authority
does not purchase the water system, the contract with the City shall be
unending.
Mr. Diehl asked what would happen if the Step II application is not sub-
mitted by December 1st and Mr. Jones stated that the Authority would drop
on the priority listing and the project would be delayed for a year.
Mr. Jones advised that even though the funding has been proposed on a
50/50 basis, all funds will be returned to the locality when construction is
begun and that when the plant begins in operation, charges would be based on
useage.
Mr. Rosenberger stated that he felt the County should have a commitment
regarding the water supply and requested that this be made a part of the
agreement with the Service Authority.
The proposed location of the plant was discussed and Dr. Fish suggested
that perhaps the plant could be moved further downstream so that the owner
of the proposed location might be permitted to continue his farming operation.
Mr. Jones advised that moving the plant further downstream would increase the
cost but should it be impossible to reach an agreement for purchase of the
proposed site, and condemnation proceedings have to be instituted, the Author-
ity would have to pay what the property is worth plus damages to the residual I
which may make it more cost effective to move it to another location.
Dr. Fish stated that he felt it was very presumptuous to have come this
far on the project without having ever approached the property owner and that
he would not commit himself on this project until he knew where it would be
located and how much it would cost.
Mr. Jones stated that he could probably get a ballpark figure on the first
alternative location and Mr. Koontz requested this to be done prior to the
Sanitation Authority meeting.
Dr. Fish expressed concern regarding the possible development resulting
from the construction of the plant and Mr. Koontz stated that he could not see
the plant opening up a great deal more area for development. Mr. Rosenberger
added that the Planning Commission is currently working on downzoning which
will help this situation significantly. Mr. Malcolm stated that the Board
must decide whether or not to continue to rezone property if they want to con-
trol growth. He added that if the County elects to do nothing, there is the
possibility that the City will proceed with the regional concept at this site
and the County will not have a water supply. Mr. Diehl stated that this was
correct and should the City go regional, they would have both sewer and water
and the Sanitation Authority's plant would go off stream when the new plant
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goes into operation
Mr. Jim Moyer, President of the Frederick County Taxpayers Association,
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appeared before the Board and asked if the industries are currently looking
at other methods of disposal and Mr. Jones again stated that the industries
have compared the costs of going with the regional system with other alter-
natives and feel it is more economical to go with the regional plant.
Mr. Moyer stated that once the capacity is there, there is no zoning
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control the Board can institute and Mr. Koontz replied that recently the
courts have changed their stance on that matter and are saying that locali-
ties have the right and the obligation to prevent overgrowth, overdevelopment
and overtaxation.
Mr. Rosenberger stated that another point to consider is that there will
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be growth around water and sewer; there will be industrial in one area,
residential in another area and the preservation of prime agricultural land
in still other areas, and that this is the direction he felt Frederick
County wanted to pursue.
Mr. Charles Boyd stated that he felt in order to protect the quality of
the stream, the plant should be located further north which would plat it
nearer to the area the County has set aside for residential development.
There were no further comments.
Mr. Koontz thanked everyone for their input on this matter and requested
that the Sanitation Authority forward to the Board of Supervisors their
recommendation at the earliest possible date.
The Board recessed for ten minutes.
DISCUSSION - JOINT CAPITAL FACILITIES COMMITTEE REPORT
Mr. Malcolm reviewed the report presented by the Joint Capital Facili
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Committee.
Mr. Rosenberger stated the he did not feel the County should give up
the CITGO property and the Board concurred.
Mr. Malcolm stated that the resolutions passed by the City Council and
the Board of Supervisors regarding annexation were not the same and that the
Joint Capital Facilities Committee would support and stand behind their
recommendations provided a suitable annexation agreement can be reached.
Mr. Koontz suggested that the 20 year period begin on the date the agree
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ment is approved by the city and the County. The Board concurred with this
suggestion.
There was a lengthy discussion regarding whether or not to move the
County governmental facilities out of the City into the County. Dr. Fish
stated that he would like to know how the people in the County feel about
this proposal and the approximate cost if the County would relocate the
facilities out of the downtown area. Mr. Malcolm replied that to determine
costs would very difficult and there must be a referendum to determine how
the people feel about the relocation of the facilities.
Mr. Koontz requested Mr. Pangle, Acting County Administrator, to gather
as much information as is available in order to present a ballpark figure
on the location of County facilities in the County.
The Board agreed to meet in the near future with City Council to
ly discuss this matter should the Chairman and the Mayor feel it would be
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beneficial after Council has received the report.
SION WITH MUNICIPAL ADVISORS
Advisors, Inc. on November 28, 1979, to review several applications for the
VE SET FOR
The Board agreed to meet with Mr. Thomas R. McCann, Jr. of Municipal
position of County Administrator.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED
THAT THE BOARD OF SUPERVISORS DO NOW
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A Regular Meeting of the Frederick County Board of Supervisors was held
on November 14, 1979, in the Board of Supervisors' Meeting Room, 9 Court
Square, Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman;
Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles.
INVOCATION
The invocation was delivered by Reverend Conrad Christianson of the
Bethel Lutheran Church.
APPROVAL OF MINUTES
Mr. Stiles stated that in the minutes of October 30, 1979, on Pages 7 and
8, the figures set forth for the cost of the proposed regional plant should
be corrected to read as follows:
"Mr. Jones then explained the cost breakdown of the proposed plant
stating that the total cost would be 19.890 million dollars, with
federal funding of 13.375 million dollars, and local funding of
6.515 million dollars."
The Board concurred with this correction.
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 approve the minutes of the following meetings as
corrected: Special Meeting, October 10, 1979; Regular Meeting, October 10,
1979; Regular Meeting, October 24, 1979; and Adjourned Meeting, October 30,
1979.
RESOLUTION OF HONOR TO DOUGLAS RINKER
Mr. Stiles presented a resolution of honor to Douglas Rinker for having
been elected National President of the Future Farmers of America and stated
that having been an FFA member he cohld appreciate this outstanding honor.
He added that no chapter can be successful without the support of the entire
school system and staff.
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
RESOLUTION OF HONOR
TO
DOUGLAS RINKER
WHEREAS, Mr. Douglas Rinker has recently been elected National President
of the Future Farmers of America; and,
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WHEREAS, Mr. Rinker is the son of Mr. and Mrs. Charles Rinker of Frederick
243
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County, a graduate of James Wood High School,.and currently enrolled at
Virginia Polytechnic Institute and State University and has continually
achieved success which has made this community proud; and,
WHEREAS, Mr. Rinker exemplifies the success of FFA program
supported by the dedication of the county school system, the FFA advisors,
Mr. Robert Harper, Mr. Hylton Clark, Mr. Robert Sutphin, and Miss Andrea
Andruzzi, other chapter members and parents,
NOW THEREFORE BE IT RESOLVED, That the Frederick County Board of
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Supervisors does hereby congratulate Douglas on his success and his recent
honor given him by the Future Farmers of America; and,
BE IT FURTHER RESOLVED, That this community hereby recognizes that
Douglas Rinker is well deserving of this honor and that we wish him con-
tinued success in his outstanding achievements.
Given under my hand this 14th day of November, 1979.
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S. Roger Koontz
Chairman
Frederick County Board of Supervisors
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
APPLE BLOSSOM FESTIVAL REQUEST FOR USE OF COUNTY FACILITIES - APPROVED
Upon motion made by R. Thomas Maloclm and seconded by Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederi
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Virginia, does herein approve the request of the Apple Blossom Festival
Committee for use of county facilities as follows:
1. Permission is granted to the Shenandoah Apple Blossom Festival
Committee to use the County Parking Plaza for rides and concessions
during the 53rd Shenandoah Apple Blossom Festival on the dates of
May 1, 2, 3, and 4, 1980, with the stipulation that no stakes will
be driven into the asphalt and further that the Apple Blossom
Festival Committee will assume full responsibility for any and all
damage done to the Plaza as a result of this function.
2. Permission is also granted to the Shenandoah Apple Blossom Festival
Committee to use the steps of the Frederick County Courthouse for
band concerts on May 2nd and 3rd, 1980.
3. Permission is granted to hang power lines for concessions with the
understanding that these lines must be removed promptly (within
one week) following the close of the Festival.
The above resolution was passed by the following recorded vote:
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Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L.
Owings, R. Thomas Malcolm, and Kenneth Y. Stiles.
HANDLEY LIBRARY BOARD RESOLUTION RE: FUNDING - WITHDRAWN
The Chairman stated that the resolution regarding grant funding for
the Handley Library Board had been withdrawn and would be considered at a
later date.
APPOINTMENTS TO REGIONAL LIBRARY BOARD RESCINDED AND REAPPOINTMENTS -
Dr. Fish advised that Dr. Forrest Racey had called him regarding the
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terms of office for members of the Regional Library Board, stating that
the appointments should not be made for a specific period of time inasmuch
as this would be decided when the entire Board has been appointed.
Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B.
Rosenberger,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein rescind the resolutions of appointment passed on October
24, 1979, appointing Dr. Forrest Racey and Mrs. Evelyn Goode to the Regional
Library Board.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
Lpon motion made-by Thomas B.-Rosenberger and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein appoint Dr. Forrest Racey and Mrs. Evelyn Goode to serve
as representatives from Frederick County on the Regional Library Board, their
terms of office on said Board to be determined in accordance with the Regional
Library Board guidelines.
The above resolution was passed by the following recorded vote: Aye - S. Roge
Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas
Malcolm, and Kenneth Y. Stiles.
DONALD PACKARD, SR. APPOINTED TO FREDERICK COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein appoint Mr. Donald Packard, Sr. to the Industrial Develop
ment Authority of the County of Frederick, Virginia, for a term of four years,
said term to commence November 11, 1979 and terminate November 10, 1983.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
TE PLAN #
) - WINCH ESTER RENDERING COMPANY -
DISTRICT -
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Mr. Riley presented the site plan of Winchester Rendering Company and stated
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that the Planning Commission recommended approval of said plan and all agency
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approvals had received.
Mr. Joseph Massie appeared before the Board representing Winchester Render
ing Company and stated that the Board had recently approved a five :acre rezoning
request for Winchester Rendering Company.to construct an office building similar
to the Farm Credit building and this was the site plan for said building.
There was no opposition.
Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve Site Plan 9020 -79 of Winchester Rendering Company
to construct an 1,800 square foot office building and parking lot on the north
side of Virginia Secondary Route 679 and at its intersection with Virginia Route
608 in Gainesboro Magisterial District.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
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R. Thomas Malcolm, and Kenneth Y. Stiles.
MR. W. H. BUSHMAN, NEW HI GHWAY DEPARTMENT RESIDENT ENGINEER INTRODUCED TO
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Mr. R. C. King appeared before the Board and introduced Mr. W. H.
Bushman, the new Resident Engineer for this district who is replacing Mr.
John Chiles. Mr. Bushman stated that he was looking forward to working with
the Board especially on the six year plan.
Mr. Rosenberger stated that a few months ago he had requested that the
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railroad crossing in front of the Round Hill Fire Company be repaired and to
date nothing has been done. He requested that another letter be written to
the railroad company asking that this work be done before cold weather arrives.
Mr. King stated that they would do all they could to see that this was accom-
plished.
The Board concurred with this request.
Mr..Koontz announced that the stop lights on Welltown Pike have been
erected and are working well. He welcomed Mr. Bushman and stated that the
Board looks forward to working with him.
The Board agreed to schedule a meeting in the spring to discuss updating
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the six year plan.
PUBLIC HEARINGS
CONDITIONAL USE PERMIT #022 -79 - OIL HEAT AND BURNER SERVICE - STONEWALL
DISTRICT - APPROVED
Mr. Riley presented the conditional use permit request of Oil Heat and
Burner Service and stated that all agency approvals had been received and the
Planning Commission recommended approval with the stipulation that the permit
shall run indefinitely until a change in use and /or occupancy.
Mr. F. Albert Robinson appeared before the Board in support of his con-
ditional use permit request and stated that propane tanks would be stored on
a concrete slab in one building and the other building would be used to house
trucks.
Mr. Stiles asked who owns the 25 foot right -of -way shown on the plat and
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Mr. Robinson stated that as far as he knew, he did.
There was no opposition.
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 approve Conditional Use Permit No. 022 -79 of Oil Heat
and Burner Service to construct two 30' x 65' storage buildings on their
property located at 825 Smithfield Avenue and Smithfield Avenue _Extended in _
the Stonewall Magisterial District with the condition that said permit shall
run indefinitely until change in use and /or occupancy.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
CONDITIONAL USE PERMIT #023 -79 - CURTIS R. HANSEN - OPEQUON DISTRICT -
The Chairman stated that the conditional use permit request of Curtis
R. Hansen had been withdrawn for readvertisement.
CONDTIONAL USE PERMIT #021 -79 - RALPH W. POE - BACK CREEK DISTRICT -
APPPr)1TPT)
Mr. Riley presented the conditional use permit request of Ralph W. Poe
giving all reviewing agency comments and recommendations. He stated that the
Planning Commission recommended approval of said request with several condi-
tions.
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Mr. Rosenberger stated that the Planning Commission had reviewed this
request quite thoroughly and felt the conditions recommended had been con-
sidered very carefully.
Mr. Koontz asked Mr. Poe if he understood the conditions recommended
by the Planning Commission and Mr. Poe replied that he did.
Mr. Eugene Gunter, Attorney appeared before the Board representing Mr.
Poe and asked for clarification of Condition #6 and Mr. Riley replied that
this condition stated that Mr. Poe shall have posted a list of rules and
regulations governing the operation of his campground for his guests' in-
formation.
Mr. Gunter advised that in the listing of proposed.inprovements which
should not be permitted, the first two are already there and no expansion
of these facilities is planned. He stated that the fire truck rides have
been an ongoing activity for 1 1/2 years and no objections have been lodged.
Mr. Gunter stated that this fire truck is a working vehicle which can be
utilized by fire companies when necessary. There followed a brief discussiol
regarding the blowing of the siren should this activity be continued.
Condition #5 regarding automobiles, motorbikes, go- carts, snow mobiles,
or any other off -road vehicles for recreational purposes within the camp-
ground was discussed at length and Mr. Poe requested that he be able to ride
his personal motorcycle through the park in the evening for security checks
and further that his son be allowed to ride his go cart in the area away
from the campers.
Mr. Gunter stated that the Health Department had reported no objection
to the water and sewer systems and the Highway Department approval had been
received for the roadway. He added that the campground is attractive and
well kept and that Mr. Poe had been in operation for 1 1/2 years and has
corrected all the violations called to his attention. Mr. Gunter stated
that the water supply is checked frequently to insure that it is safe and
should it become necessary Mr. Poe is prepared to equip the well with a
chlorinator. He advised that a new updated site plan had been prepared
showing everything on the property. Mr. Gunter stated that the only
difference in the project at this point in time and when it was first heard,
was that the project had now had time to prove itself and its asset to,
Frederick County.
Mr. Everett Weitzel and Mr. George Glaize of Merriman's Estates
before the Board and stated that their property adjoins the Poe property and
presented a statement wherein they urged the Board to impose the restriction
recommended by the Planning Commission should they see fit to approve this
conditional use permit.
Mr. Weitzel stated that the residents of Merriman's Estates and the
Merriman's Lane area are -quite concerned about the possible contamination (if
their wells inasmuch as their water supplies come from the same source as
the campground. He advised that the residents in this area have been
harrassed by noise caused by motorbikes being used in this area and re-
quested that the Board protect the citizens from this type harrassment.
He urged that Condition #5 governing this type of activity be maintained
and controlled very carefully.
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Mr. Weitzel stated that the residents were also concerned that this camp-
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ground might be converted into a mobile home park should it change ownership.
Following a brief discussion the Board agreed to add the words "or ownership"
following the word "use" in Condition #10 regarding the requirements for a new
conditional use permit.
Mr. Eldon Frye appeared before the Board and stated that he had been a
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registered engineer for 31 years. He stated that the existing septic tank had
been built out of concrete block and that the rules and regulations of the State
Health Department do not permit this but require that they be constructed
stressed concrete. He noted that this is an illegal and unlawful installation
and should the tank crack raw sewage would go into the water supply. Mr. Frye
stated that if the Board was going to approve this permit, the tank should be
replaced with a proper one of reinforced concrete properly and adequately de-
signed. He added that the drain fields in the campground are designed at 50
gallons per trailer and the trailer ordinance governing campgrounds calls for
100'..gallons per trailer, which means they should be twice as big as they are.
Mr. Herbert Sluder of the Health Department stated that the permit for this
system was issued in 1973 and that he had consulted with the Sanitation Super-
visor who helped design said system; that there is no violation of the rules
and regulations which were in effect at that time. He added that in regard to
the size of the drainfields, over one -half of the campsites were to be connected
to their own system of which 22 have been provided as of this date. He advised
that you don't design a bathhouse for 100 gallons per day when there are in-
dividual hook -ups; you cut it in half. He added that one half of the trailers
who come into the campground do not hook on to the septic tank system so the
gallon figure is reduced.
Dr. Fish asked if there was a dumping station and Mr. Sluder replied that
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there is and it is a separate drainfield from the other two.
Mr. Rosenberger asked if the tank was built of cinder block or concrete
missable provided there were two layers of concrete inside the tank.
and Mr. Sluder answered that he could not remember but in 1973 this was per-
Mr. Malcolm asked the date of the regulations Mr. Frye was reading from
and Mr. Frye replied that the date was 1971 and that the County Health Depart-
ment had violated the state regulations.
Mr. Sluder stated that at the time the system was.constructed it was done
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according to regulations; that it was installed, inspected and approved by the
Health Department.
Mr. Wade Ferguson, Executive Director of the Winchester - Frederick County
Chamber of Commerce appeared before the Board and stated that the Chamber of
Commerce has heard nothing but good comments about the Candy Hill Campground
and that it has billed a void in our community. He stated that he had spoken
to many people who had used the facility and were quite impressed with this
fine installation.
Mr. Chester Atkinson and Mr. John Holly appeared before the Board in sup-
port of the request for conditional use permit and both stated that they felt
this was a very fine facility which was very efficiently operated.
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Pastor. John Gowdy appeared before the Board and asked what would happen
should the permit be granted and then the conditions violated and Mr. Koontz
stated that when violations of conditions occur, the owner is notified and when
the permit is reviewed for renewal, these violations are taken into considera-
tion. Following a brief discussion, the Board agreed to add the word "immediat
before the woad "revocation" in Condition No. 9.
Mr. Steve Mullens appeared before the Board in support of the campground
stating that it is a beautiful place, that he has seen no disturbance there and
that he feels it is an asset to the community.
Mr. Rocky Keplinger of the Round Hill Fire Company appeared before the
Board and stated that Mr. Poe has provided several safety factors in the camp-
ground which are over and above requirements. He stated that the fire truck
is operational and is a very safe activity which is limited to the property of
Mr. Poe.
Mr. Greg. Bishop appeared before the Board and stated that he is one';bf the
largest property owners adjacent to the campground and he had had no problems.
He asked why motocycles could not be used on A -2 property and Mr. Koontz stated
that they can as long as there are no complaints, but this was a business and
not just private A -2 property; that Mr. Poe could ride his personal motorcycle
to secure the property but that vehicles for recreational purposes would not
be permitted.
Mr. Malcolm asked if permits had been sought and granted and final inspec-
tions made on all the facilities constructed at the campground and Mr. Poe
replied that they were.
Mr. Malcolm then asked what facilities had been constructed since the last
conditional use permit was approved and Mr. Poe replied the swimming pool and
a small shelter.
Mr. Stiles asked if these facilities had.appeared'on the original site
plan and if they had been built where shown on said site plan and Mr. Poe re-
plied that they were on the original site plan approved by the Board and had
been built where they were set forth on said plan.
Mr. Stiles stated that it�was__his_ understanding that in the- absence of
noise ordinance, there was nothing the Board could do regarding the use of
motorcycles or snowmobiles on a persons property and that he would suggest, as
a matter of courtesy, that Mr. Poe and his family and friends refrain from
activities such as those that took place two summers ago on the east side of
Route 37 which disturbed the people residing there. He added that he felt this
was a matter of attitude and while the Board could not legitimately do anything
about attitude, he felt it would have an effect on the Board's consideration
when the permit is submitted for renewal. Mr. Stiles stated that the second
point he wanted to make had to do with the septic system and the allegations
made regarding its construction. He added that in absence of knowledge of his
own regarding the proper regulations, he would have to rely on the Health De-
partment's action, however, he felt a serious challenge had been made regarding
their approval of this system and before he would vote for reapproval of the
permit, he would like to see this question resolved; otherwise he could not
vote for renewal when it is requested next year.
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Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick
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Virginia does herein approve Conditional Use Permit No. 021 -79 of Ralph W.
Poe (Candy Hill Campground) to operate a campground on his property at the
end of Ward Avenue (Virginia Route 1317) mostly west of Virginia Route 37 and
South of U. S. Route 50 in the Back Creek Magisterial District with the
following stipulations:
A. The following improvements are not permitted:
Gameroom (Limited to existing room, No expansion.)
Recreation Hall (Limited to existing room. No. expansion.)
Firetruck Rides
Open Square Dance Pavillion
B. The following conditions are placed on the conditional use permit:
1. No A.B.C. License.
2. No firing range.
3. Hours of operation from 7 a.m. to 11 p.m.
4. Camping spaces to be utilized only for bona fide campers.
(Maximum length of stay 4 weeks.)
5. No auto, motorbike, go-.carts,-or snowmobile in camp
area or the use of such off -road vehicles for recreational
purposes in the camp area. The camp area is defined on the
site plan (47.65 acres as advertised.)
6. The owner shall furnish a list of proposed restrictions to
be imposed.
7. Recreation facilities are restricted to the use of campers only.
8. There shall be no more than seventy (70) campsites as provided
on the site plan.
9. This conditional use permit shall be reviewed annually by the
staff provided that no changes take place on the site and that
all conditions placed on this permit are met. If any condition
is violated, it shall constitute grounds for immediate revocation
of the conditional use permit.
10. If the property changes use, occupancy or ownership, a new con-
ditional use permit will be required.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
The Board Recessed for ten minutes.
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FREDERICK- WINCHESTER SERVICE AUTHORITY REGIONAL SEWAGE TREAT PLAN -
APPROVED
Mr. James Diehl, Chairman of the Frederick County Sanitation Authority
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appeared before'-the:-Board and stated that the Sanitation Authority has spent
several months studying the proposal of the Frederick - Winchester Service
Authority before reaching a recommendation for presentation to the Board
of Supervisors and that their recommendation was made in good faith and not
as represented by several members of City Council. He advised that the
County plant is operating and meeting stream standards whereas the City is
operating under a consent order from the State Water Control Board. Mr.
Diehl stated that the County is operating under an interim permit and
when the regional plant goes on line, the County permit will become void.
He cited the agreement executed in 1974 by the City and the County forming
the Frederick - Winchester Service Authority wherein it is set forth that the
City shall sell its water system to the Authority. Mr. Diehl stated that
the City had executed this agreement and if they did not want to continue
with the project there was no reason why the County could not proceed with
• regional concept to upgrade their plant; that the County could not be in
• situation where the City would control both the water and sewer systems.
Mr. W. H. Jones stated that the deadline for submittal of the Step II
application had been extended until March 1st inasmuch as EPA is not
to approve funding until January. He advised that the Authority still felt
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a decision should be made regarding the Regional Authority.
Mr. Diehl stated that based on our good neighbor policy and because of
the needs of Frederick County to have a water supply, and there are only 11
years remaining in the water contract with the City, it is important that t
20 year limitation be eliminated.
Mr. Diehl stated that the Authority unanimously recommended approval
of the regional concept in the October 1979 Update of the Facilities Plan
with the stipulation that the water agreement be amended; that the City
follow through with the agreement that was executed that the possibility of
moving the site to Alternate Site No. 1 be considered on the north side of
Route 7. Mr. W. H. Jones described the alternate site stating that it is an
unused parcel of land which is for sale. He added that if the plant is
moved to this site, it may add to the cost due to the fact that the State
Water Control Board has stated that should this be done there would have to
be another public hearing, a cost update on the construction of the plant
would have to be done, an archaeological survey would have to be conducted
and the effluent limitations would have to be determined based on the new
discharge location. He added that these things would delay the project
four to six months and the additional study may have to be funded through
local funds.
Mr. R. W. Bayliss, Sr. appeared before the Board and stated that he
objected to the location of the plant so near the line to Clarke County.
He asked if the Board would like to have this plant in their backyard and
put up with the noise and smell coming therefrom.
Mr. Stiles stated that he did not believe the plant would be visable
from Mr. Bayliss's house if it were located on the alternate site north of
Route 7.
Mr. Bayliss asked why the plant had to be located so close to Clarke
County; that it would seem more feasible to him to have it located closer
to Winchester.
Mr. Stiles replied that there will have to be.lines wherever it is
located and the regional concept is being considered because the present
system is inadequate.
Mr. Diehl added that the City does not have room to expand its plant
and they are currently operating in violation of regulations.
Mr. Koontz stated that the City has the right to go into the County
and condemn land for the plant should they so desire.
Mrs. Margaret Maisel appeared before the Board and objected to the lo-
cation of the plant because of the close proximity to Clarke County. She
stated that she felt the Winchester Plant could be expanded to the east and
she felt the Board was ignoring Clarke County and the good neighbor policy.
Mr. Koontz stated that every alternative had been explored and studied
very carefully and that the governing bodies must abide by the regulations
given by EPA which state that we must go to a regional plant.
Dr. Fish stated that he felt there were two points which needed to be
made; (1) Frederick County, at this point in time, or in the future, does
not need a sewer plant, and (2) civilization follows the sewer lines. He
stated that he did not believe it could be argued that this sewage treatment
plant will not promote development in Frederick County and it has been made
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clear time and again that this is not what Frederick County wants.
Mr. Diehl stated that in his opinion, it is a fact of life that right now
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if the Board does not go along with the regional concept we will have opened the
door for the City to go ahead and get federal funding, put the plant in the
County, and in they will have the sewer plant and the water system. He
added that if we don't go with the regional concept, the City will control
everything; they will set rates and still be able to annex us.
Mr. Rosenberger stated that he felt the Sanitation Authority should be
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commended for their study and work on this matter.
He added that this is the moment the Board must make a great decision and
that should be to go with the Regional Authority inasmuch as he did not feel
the City should control both the water and sewer systems.
Mr. Stiles stated that he agreed with Dr. Fish, we are being asked for
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County money to solve a City problem; that he did not like the solution but he
liked the alternative even less. He stated that he believed that the Board has
given this matter a great deal of thought and has spent many hours considering
all of the alternatives. Mr. Stiles added that we have a plant capable of
treating our sewage but if the Board votes against this plant it will not delay
a sewage treatment plant on the Opequon. He added that inasmuch as the propo
plant is to be located in his district he would move for the approval of the
Regional Plant making it clear that he would not vote to approve the site
originally presented to the Board located on the south side of Route 7.
Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenb
WHEREAS, The Frederick - Winchester Service Authority, herein called the
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"Service Authority ", is the duly designated agency responsible for planning,
designing, constructing and operating regional wastewater facilities in the
Opequon Creek watershed; and,
WHEREAS, The Service Authority has prepared a plan for such facilities
entitled "Facilities Plan for Regional Wastewater Management ", dated September,
1976; and,
WHEREAS, The Service Authority reviewed the said plan, and on 4 January
1977 agreed to submit the plan to the State Water Control Board for review;
and,
WHEREAS, The Service Authority has prepared an Update to said Plan, dated
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1 October 1979, has approved the Update on 18 September 1979 and has agreed
to submit the Update to the State Water Control Board for review;
NOW, THEREFORE BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does hereby concur with the Service Authority that the
"Facilities Plan for Regional Wastewater Management," as supplemented by the
Update, outlines the most effective means for providing wastewater treatment
for the Opequon Creek watershed and hereby approves said plan, whereby the
County agrees to pay its share of the local cost of FWSA Step 2 design.
WHEREAS, The Frederick - Winchester Service Authority, herein called the
"Service Authority," is the duly designated agency responsible for planning,
designing, constructing and operating regional wastewater facilities in the
Opequon Creek watershed; and,
WHEREAS, The Service Authority has prepared a Facilities Plan for such
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facilities and has submitted the Plan and an Update to the appropriate State
authorities for review and approval; and,
WHEREAS, The Service Authority, upon receipt of notice of approval of
this Facilities Plan by the Virginia State Water Control Board, intends to
request grant- funding assistance for the design of the necessary facilities;
and,
WHEREAS, Approval of such grant funding is contingent on the assurance by
the Service Authority that it will have sufficient funds available to meet
the non - federal share of the cost of the design; and,
WHEREAS, The design work is planned to extend over a period of two years;
NOW, THEREFORE BE IT RESOLVED, By the Board of Supervisors of the County
of Frederick, Virginia, that the County promises and commits itself to exert
its best efforts to pay its share of the local cost of the design of regional
wastewater facilities to be conducted by the Service Authority; and,
BE IT FURTHER RESOLVED, That this action is taken pursuant to the followin
provisions:
1. Provisions must be made for the Frederick - Winchester Service Authority
purchasing the City's water filtration plant and the City selling the plant in
accordance with the stipulations set forth in the concurrent resolution passed
by the Board of Supervisors on January 24, 1974.
2. Provisions must be made to eliminate the twenty year clause in the
current water agreement between the City and the Frederick County Sanitation
Authority and remove present restrictions on requirements for a minimum number
of customers.
3. Provisions must be made to pro rate the charges assessed by the
Frederick - Winchester Service Authority for operation and maintenance and debt
expenses on an actual usage basis by jurisdiction.
4. The location of the plant shall be Alternate Site #1, north of Route
7, as defined by the Frederick County Sanitation Authority.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm and
Kenneth Y. Stiles. Nay - Dr. Raymond L. Fish.
STEPHENS RUN FACILITY TO BE MADE PART OF THE REGIONAL PLAN - APPROVED
Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Frederick County Board of Supervisors approves
the Stephens Run Facilities Plan for Regional Wastewater Management dated 1
October 1979 as prepared by G. W. Clifford & Associates, Inc. for the Fred-
erick - Winchester Service Authority.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm and Kenneth Y. Stiles.
CONRAD LOTS - REDIVISION REQUEST - BACK CREEK DISTRICT - APPROVED
Mr. John Riley presented the redivision request for the Conrad tracts and
stated that the Planning Commission recommended approval of same.
Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y
Stiles,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
253
Virginia, does herein approve the redivision of the Conrad Tracts located on
the east side of Middle Road (Virginia Route 628), just south of Relief
Church in the Back Creek Magisterial District, from a five (5) acre tract in
a four (4) lot subdivision to allow for placement of a drainfield.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm and Kenneth Y. Stiles.
FIRST AND SECOND READINGS
The following items were read on first and second readings:
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1. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21,
ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE XV, SECTION
21 -128. REQUIREMENTS FOR PERMITTED USES.
2. CONDITIONAL USE PERMIT NO. 023 -79 OF CURTIS R. HANSEN, 687
NORTH LOUDOUN STREET, WINCHESTER, VIRGINIA, 1 ACRE, ZONED
AGRICULTURAL - GENERAL (A -2), REQUESTING A CONDITIONAL USE
PERMIT FOR AN AUTOMOTIVE REPAIR GARAGE. THIS PROPERTY IS
DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 84(A)82 IN
OPEQUON MAGISTERIAL DISTRICT.
COMMITTEE ON LAW ENFORCEMENT AND COURTS RECOMMENDATIONS
Dr. Fish presented the recommendations from the Committee on Law
Enforcement and Courts and the following action was taken:
rt on Operations of Frederick Coun Sheriff's De
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Dr. Fish presented the report of the Committee of Law'Enforcement and
Courts representing their investigation of certain allegations lodged.agdims
the Frederick County Sheriff's Department.
Mr. Stiles stated that in Item #2 regarding the purchase of gasoline
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at service stations, the Committee determined that when the bills for the
purchase of gasoline are received, the tax is then deducted bringing the
price down to a comparable level with that at the school bus garage. He
added that the allegation that these purchases were being made against
County policy or for political purposes was not proven.
Mr. Rosenberger stated that he could accept the report with the excep-
tion of Item #3 regarding the repainting of new cruisers. He stated that
he did not feel the cars should have been repainted without the permission
of the Board of Supervisors and therefore could not vote to accept the repor
Mr. Malcolm stated that in the report it was stated that several other
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allegations had been made but nothing of substance was found to determine
that there should be further investigation. He asked if the Board should
be made aware of these allegations and /or whether or not there'should be
further investigation. He asked if the board should be made aware of these
allegations and /or whether or not they should be referred to someone else
for investigation, i.e. the Commonwealth's Attorney or the State Police.
Dr. Fish replied that the Committee felt, after careful consideration
of the allegations, that there was not enough evidence to warrant further
investigation of these matters.
Mr. Stiles added that several of the allegations were not within the
jurisdiction of the Board of Supervisors to investigate and there was not
sufficient evidence to warrant a request for other investigation.
Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y.
Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of Freder
Virginia, does herein accept the following report from the Committee on Law
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Enforcement and Courts:
At the request of the Frederick County Board of Supervisors, the Committee
on Law Enforcement and Courts met on Thursday, November 8, 1979, and Tuesday,
November 13, 1979, to investigate certain allegations and charges which had
been lodged against the Sheriff's Department. Several persons were interviewe<
and based upon our discussions and investigation, the following report is sub-
mitted:
1. It was established that phone calls amounting to $202.16 had been made
from either the Sheriff's office or the jail, and that said phone calls
were personal calls. Sheriff Mauck has reimbursed the County the full
amount of $202.16 for personal phone calls made by employees in his
department, none of which were made by Sheriff Mauck. The Committee
feels that Sheriff Mauck was unaware that these personal phone calls
were being made.
2. It was confirmed that the Sheriff did purchase gasoline at service static
in the City and the south end of the County at the Stephens City Exxon
Station (operated by one Gary Teters) with gasoline credit cards. It
was further determined that the cost differential between the purchase
of gasoline through the credit card system and obtaining it from the
County gas pump at the school bus garage is approximately 6 cents to
7 cents per gallon, after tax is deducted from the credit card purchases.
Additionally, the County gas pump is located approximately 7 miles round
trip from the Sheriff's office and it was estimated that to travel to
this location and back would cost approximately $1.00. Therefore, it
was probably cost effective to purchase gasoline through the credit card
system in this case. The Committee found no abuse of the use of credit
cards by the Sheriff's Department based upon the evidence presented.
3. It was established that four (4) new Sheriff's cruisers were repainted.
The Committee feels that this procedure was a matter of judgement, as to
the suitability of the colors of the cruisers and that it may have been
poor judgement, but probably nothing more than that. The Committee found
no misuse of County funds involved and speculation regarding this matter
was fueled by Mr. Harrington Smith's misunderstanding of the charges for
this work.
Several other allegations that came before the Committee were found to
have no substance which we could determine to warrant further investigation.
The following recommendations are made as a part of this Committee report
for further guidance regarding the Sheriff's Department:
1. That there be no person on the Sheriff's staff in the business of
private investigator'or holding a private investigator's license.
2. That there be a full audit of the Sheriff's books, which the Sheriff
has already requested, at the end of his term of office which is
actually a matter of routine procedure; that there be a complete
inventory taken of all County property in the possession of the
Sheriff's Department, as well as all evidence and confiscated propert]
which audit and inventory might possibly involve an independent
person or firm.
The Committee will be forthcoming with a more specific type of report
regarding the control of confiscated evidence, inasmuch as we feel
there is a very broad, vague area of confusion regarding this matter.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm,
and Kenneth Y. Stiles. Nay - Thomas B. Rosenberger.
MONTHLY STAFF REPORT - ACCEPTED
Following review, the monthly staff report was accepted.
SITE PLAN - ALLEN PROPERTIES - DISCUSSED
Mr. John Riley reported to the Board that the site plan approved for
Allen Properties off Route 277 in Opequon Magisterial District had been
violated. He explained that the site plan approved set forth the entrance
to the property off of the sixty foot right -of -way and the developer has in
fact constructed his entrance at another location.
Mr. Pangle stated that the developer had received a permit from.the
Highway Department for this entrance but the Highway Department had apparentl}
not been aware of the site plan approved by the Board. He suggested that the
Highway Department be contacted to insure that site plans regarding road
entrances are complied with in the future.
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Mr. Malcolm stated that he felt this was a flagrant violation of the
law and that the developer was very well aware of where this entrance was
to be located. He stated that he felt the Board should take steps to stop
this violation immediately.
Mr. Pangle suggested that the occupancy permit for the property be
withheld until such time as the site plan is complied with.
The Board agreed to notify the developer that he is in violation of
his approved site plan and that the occupancy permit for said property will
be withheld until such time as the matter is resolved.
FOR BOARD INVESTIG RE: RELEASE OF
f'=91Ne\
FROM
Mr. Stan Rogers, a resident of Back Creek District, appeared before
the Board and requested the Board to investigate the allegations that
information was being withheld from the news media by the Sheriff's Depart-
ment, which he felt should rightfully be released.
Mr. Stiles stated that the Board of Supervisors has no' - '.over:
the operation of the Sheriff's Department other than funding. He stated
that if they were in fact withholding information which should be released,
this should be processed through the courts under the Freedom of Information
Act.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y: Stiles, seconded by Thomas B. Rosenberge",
and passed unanimously, the Board retired into Executive Session in accordan
with Section 2.1 -344, Subsections (a) (1) and (a) (2) to discuss personnel
and legal matters.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm,
and passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm,
and passed unanimously, the Board reconvened into Regular Session.
UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED
THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
Secreta Boar f Supervisors
A Regular Meeting of the Frederick County Board of Supervisors was held
on November 28, 1979, in the Board of Supervisors' Meeting Room, 9 Court
Square, Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice-
Chairman; Dr. Raymond L. Fish, Will L. Owings; R. Thomas Malcolm and Kenneth
Y. Stiles.
CALL TO ORDER
The Chairman called the meeting to order.
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INVOCATION
The invocation was delivered by Reverend James Guthrie of the Burnt
Presbyterian Church.
RESOLUTION RE: FUNDING HANDLEY LIBRARY BOARD - APPROVED
Mrs. Elizabeth Engle, Mr. Richard Miller and Ms. Patricia Zontine appe
before the Board representing the Handley Library Board.
Mrs. Engle explained the request set forth in the resolution stating that
they are asking the General Assembly to approve full funding of the authorized
levels for regional libraries. She stated that they are presently receiving
348 of the funding and hopefully will receive approximately 658 in the next
budget.
Mr. Stiles asked if this would commit the County to any additional funds
and Mr. Miller replied that it would not.
Mr. Stiles then moved to amend the resolution to set forth that it be
forwarded to Dr. William Truban as well as Mr. Smith and Mr. Guest. This
motion was seconded by Dr. Raymond L. Fish and passed unanimously.
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
WHEREAS, The Board of Supervisors of Frederick County, Virginia, the
Common Council of the City of Winchester, Virginia and the Handley Library
Board have recently concluded.an agreement under which Frederick County will
contribute to the cost of operation and maintenance of the Handley Library and
under which the Handley Library will become a regional library pursuant to
Virginia Code Section 42.1 -37; and,
WHEREAS, Space limitations and construction costs for renovations and
expansions have limited the purchase of new volumes; and,
WHEREAS, Increasing use of library facilities by citizens of Frederick
County will require additional funds to maintain and improve library services
to a growing number of users; a d,
WHEREAS, Full funding of rants to improve standards of public libraries
in Virginia pursuant to Virginia Code Section 42.1 -48, as amended, will great
assist the development of a st ong regional library serving the Frederick
County, Virginia community;
NOW THEREFORE BE IT RESOL D, By the Board of Supervisors of Frederick
County, Virginia, that the Co ittee on Appropriations of the Virginia House
of Delegates be and they are hlreby respectfully requested to recommend to the
General Assembly of the Commonwealth of Virginia, full funding grants to im-
prove standards of public libraries in Virginia pursuant to Virginia Code
Section 42.1 -48, 1950, as amended; and,
BE IT FURTHER RESOLVED, That the Clerk of the Board of Supervisors be
instructed to forward a certi ied copy of this resolution to the Honorable
Alson H. Smith, Jr. and the Honorable Raymond R. Guest, Jr., Delegates to the
General Assembly, and the Honirable William A. Truban, Senator, of the Common-
wealth of Virginia from the 1 th Legislative District.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Ro enberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and
Y. Stiles.
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ANNUAL REPORT SHENANDOAH AREA AGENCY ON AGING
Mr. Michael Toht, Executive Director of the Shenandoah Area Agency on
Aging, appeared before the Board and presented the annual report of the
Agency for fiscal year 1979. He explained the programs offered and the
services provided by the Agency to the elderly in the area stating that
growth for Frederick County in the programs over the past year was approxi-
mately 25 %. He advised that there is need for another center in the County
and this is being investigated at the present time.
There followed a brief discussion regarding funding, staff, and the
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number of citizens served -by the Agency.
Mr. Koontz thanked Mr. Toht for presenting the report and stated that
he felt the services being provided were very worthwhile.
PUBLIC HEARINGS
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING
ADOPTED JULY 12, 1978, TO AMEND ARTICLE XV, SECTION 21 -128. REQUIRE-
MENTS FOR PERMITTED USES - THIRD AND FINAL READING - APPROVED
Mr. Riley presented the proposed ordinance amendment regarding require-
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ments for permitted uses stating that the first section of the amendment
would allow the Zoning Administrator some leeway in determining where a con-
ditional use permit is necessary.
Mr. Stiles stated that he felt this was the right direction to proceed.
He asked if it would be helpful to make it clear that if the applicant so
desires, he could request the conditional use permit to come before the
Board inasmuch as he could foresee where this could be a problem. He added
that he felt the applicant should have the right to ask the Board for con-
sideration.
Mr. Riley stated that he could see no problem with this and that the
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amendment is designed to streamline the procedure and expedite the applica-
tion process. He cited as an example a conditional use permit which had
been considered at the last meeting wherein the applicant only wanted to add
on to his present operation but was required to submit a site plan and then
an application for conditional use permit which delayed him for approximatel
65 days. He added that he was trying to add flexibility to the ordinance.
Mr. Riley noted that should there be a disagreement between the Zoning
Administrator and the applicant, the conditional use permit application
would be referred to the Planning Commission and the Board for a decision.
There was no opposition.
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Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y.
Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederi
Virginia, does herein approve the following ordinance amendment on third
and final reading:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING,
ADOPTED JULY 12, 1978, TO AMEND ARTICLE XV, SECTION 21 -126. REQUIRE-
MENT FOR PERMITTED USES.
Sec. 21 -128. Requirements for permitted uses
(a) Before a building permit shall be issued or construction
on any permitted use in this district, or a permit issued for a new use,
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plans, in sufficient detail to show the operations and processes, may be
submitted to the zoning administrator for study. The administrator may refer
these plans to the planning commission and /or the board of supervisors for a
conditional use permit.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
FUEL ASSISTANCE PROGRAM FOR FREDERICK COUNTY - APPROVED
Mrs. Gwen Mandel, Social Services Director, appeared before the Board
and explained the proposed fuel assistance program for Frederick County,
stating that to date $46,337 has been approved for the County with the possi-
bility of additional funding being approved in the near future. She stated
that the County would have to expend the money and then would be reimbursed
within one month.
Mr. Rosenberger moved to amend the resolution to state that these funds
would be withdrawn from a supplemental appropriation. Mr. Stiles seconded
the motion and it was passed unanimously.
Mrs. Mandel advised that even with these funds there still would not be
enough money to take care of all the people in need of assistance and that the
Social Services Board is attempting to create guidelines to provide additionall
assistance.
Dr. Fish stated that he felt this was alright for an emergency measure
but really did not address the problem.
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
WHEREAS, The Commonwealth of Virginia and the Federal Government have
allocated to Frederick County funding in the amount of $46,337 as of this
date, with the possibility of this amount being increased in the near future,
to be used for the Virginia Fuel Assistance Program in Frederick County; and,
WHEREAS, This funding has been appropriated on a reimbursable basis
wherein the County will expend the funds as necessary on a monthly basis and
then receive reimbursement of said funds within a one month period following
said expenditure;
NOW THEREFORE BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia does herein accept the above funding in the amount of
$46,337, and any additional funding approved for the Virginia Fuel Assistance
Program in Frederick County with the stipulation that said funds be reimbursed
to the County within one month after expenditure; and,
BE IT FURTHER RESOLVED, That the Social Services budget for Fiscal Year
1979 -1980 shall be adjusted to reflect the above action, and these funds shall
be taken from a supplemental appropriation.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm and Kenneth Y. Stiles.
SITE PLAN AMENDMENT - ALLEN PROPERTIES, INC. - OPEQUON DISTRICT - DENIED
Mr. Riley presented the site plan amendment of Allen Properties and read
all the reviewing agencies comments and recommendations as well as the staff
recommendation.
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Mr. Riley pointed out the entrance to the property which the Board had
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approved and the entrance which has been constructed in violation of the
approved site plan.
Mr. Koontz stated that he had advised Mr. Scully that the staff had
recommended denial of this amended site plan and should the Board deny it,
an occupancy permit would not be issued.
Mr. Thomas Scully appeared before the Board and stated that he had
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previously requested a permit for an entrance where it is now located and
the Board denied this request. He added that he was not present at the
meeting where it was discussed that the proposed street be used.as an access
to his property and he did not realize the implications of this until later.
Mr. Scully stated that there is an agreement between Mr. Allen and Mr.
Stimpson which he is bound by and should he use the proposed street as an
access, he would have to build the entire road. He advised that in July he
had gone to the Highway Department, which he claimed has exclusive jurisdic-
tion regarding entrances to the highway, and was granted a permit for the
entrance he has constructed. He noted that the entrance cost approximately
$15,000 and he felt it was an entrance which he was entitled to have.
Mr. Scully stated that he had been advised that he should appear before
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the Board with an amended site plan showing the location of the entrance
he has constructed. He added that he would like to resolve the matter if
possible or he would be happy to seek a declaratory judgment from the Court.
Mr. Scully stated that when he purchased the property he understood there
would be an entrance at the present location. He apologized for going ahead'
with the project but stated that he felt it was his right to construct the
entrance based on the Highway Department permit. He added that in the future
he plans to build a bank on part of this property and there must be access
to it.
Mr. Stiles stated that although he had agreed with Mr. Scully when the
matter was previously considered by the Board, at this point he had no sym-
pathy. He asked Mr. Scully if he was saying that it was not feasible to hav
an entrance off the right -of -way for a grocery store but it is not feasible
for a bank. Mr. Scully replied that the people who will rent the store want
an entrance directly opposite the store.
Mr. Stiles stated that if the Board agreed to approve the amended site
plan after the original one had been violated, it would set a precedent.
He stated that.the Board could deny an occupancy permit and then the entran
would be worthless. He added that this had been done on the Carter Lumber
Company permit until they complied with their site plan.
Mr. Scully stated that if he is wrong, this matter should be worked out
in Court. He stated that he felt to deny an occupancy permit in order to
enforce the Board's opinion was wrong.
Mr. Rosenberger stated that he felt the Board should determine who has
jurisdiction over entrances, i.e. the Highway Department or the Board of
Supervisors.
Mr. Pangle advised that the Highway Department will issue an.entrance:
permit anywhere provided it meets their standards and that in his opinion,
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Mr. Scully should have requested the permit where the approved site plan
stated it should be. He added that when the Kentucky Fried Chicken site plan
went to the Planning Commission, it was decided that there would be 350 feet
between the two entrances and 350 feet from the Kentucky Fried Chicken entran
is almost to the 60 foot right -of -way.
Mr. Malcolm asked if sellers of property have the right to bind governing)
bodies and Mr. Ambrogi replied that they do not have this right; that only
subsequent landowners can be bound by prior agreements.
Mr. Malcolm asked Mr. Scully if he had not made the statement, following
the Board's denial of his requested entrance, that he would have to be very
convincing when the time arrived that he would have to argue with the Board;
that he would do what he wanted to anyway. Mr. Scully replied that he hoped
he had been convincing in his argument.
Mr. Malcolm stated that Mr. Scully had come to his office to discuss this
matter and he suggested that Mr. Scully talk with Mr. Pangle and Mr. Riley.
Mr. Malcolm stated that he did not know that Mr. Scully had already been to
the County offices and they had discussed this matter with him and had even
written him a letter setting forth the whole situation; that in fact, in
September a letter was sent to Mr. Scully which spelled out exactly what Mr.
Riley and Mr. Pangle had told him, i.e. that the only entrance approved by
the Board was off the 60 foot right -of -way immediately east of the proposed
improvements.
Mr. Scully replied that he had met with Mr. Pangle and Mr. Riley to dis-
cuss the paving of the parking lot and nothing was said at that meeting about
the entrance. He added that the last paragraph of the letter did not sink in
at the time.
Mr. Malcolm asked Mr. Pangle if the matter had in fact been discussed at
this meeting and Mr. Pangle replied that it had and that he and Mr. Riley
advised Mr. Scully that he would not receive an occupancy permit if the en-
trance was constructed off Route 277. He added that they also advised him
that an amended site plan would have to be submitted.
Mr. Owings stated that it was his understanding at the time the site
was approved that one entrance would be permitted.
Mr. Malcolm asked Mr. Scully if he had built the road prior to September
17 and Mr. Scully replied that he did not know that it had been contracted
before that date. Mr. Scully added that he wanted to have the matter resolved
as expeditiously as possible and was willing to get a declaratory judgement
to do so if necessary.
Mr. Rosenberger requested that an opinion from the Attorney General be
requested regrding who has authority in this matter.
Dr. Fish stated that he did not feel it was the Board's responsibility
to seek a judgment in this matter inasmuch as Mr. Scully has already stated
that if his amended site plan is denied, he will see the Board in Court.
Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein deny the request for an amendment to Site Plan #032 -79
of Allen Properties, Inc. (Mr. Thomas Scully) inasmuch as the entrance con-
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structed off Route 277 is in violation of the originally approved site plan
dated January 24, 1979, wherein said entrance was specifically denied and
subsequently heard and again denied on February 28, 1979.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas
Malcolm, and Kenneth Y. Stiles. Nay -`Will L. Owings.
Mr. Scully stated that it has been suggested that he might be denied
an occupancy permit and this seems to be an extraordinary remedy. He added
that he will expeditiously bring proceedings to have this matter decided
but would request that his occupancy permit be issued so that he might move
ahead with the understanding that he will forthwith bring action to resolve
this matter. He noted that if he is denied an occupancy permit he will
suffer damages.
Mr. Koontz replied that the Board had denied the amended site plan and
therefore he did not feel they could issue an occupancy permit.
Mr. Scully appealed to the Board not to take this action and Mr. Koontz
replied that the authority of the Board has been challenged and the decision)
may well rest with the Courts. He noted that the Board wants to know who
has jurisdiction in matters such as this.
JOINT MEETING WITH PLANNING COMMISSION TO DISCUSS DOWN ZONING SCHEDULED
FOR DECEMBER 6, 1979
Following a brief discussion, the Board scheduled a joint meeting with
the Planning Commission for December 6, 1979 at 7:00 P.M. to discuss their
work on down zoning and requested that the two supervisors elect, Mrs.
Rhoda Maddox and Mr. William Baker be invited to attend said meeting.
PUBLIC SALE OF PROPERTY IN SHAWNEELAND - DI
Mr. Ambrogi advised the Board that the bankruptcy court has been put
on notice of the upcoming public sale of property in Shawneeland.
Mrs. Keckley, Treasurer, appeared before the Board and stated that the
outstanding taxes and penalties on all the delinquent lots in Shawneeland,
with the exception of Lots 28 throught 127 in Section 50, is $7,081.30.
Mr. George Whitacre, Clerk of the Circuit Court, appeared and reported
that the delinquent taxes for the years 1972 through 1975 amount to $2,052.
Mr. Rosenberger suggested that the proper people be notified that thes
taxes are delinquent and will constitute a lien on the property. The Board
concurred and instructed the Commonwealth Attorney to do so.
FORT COLLIER INDUSTRIAL ESTATES ACCESS ROAD DISCUSSED
Mr. Rosenberger stated that Mr. Stine had appeared before the Planning
Commission and stated that he had a client who is interested in coming into
his industrial park. He advised that the Planning Commission had reviewed
the right -of -way situation again.
Mr. Rosenberger stated that his question to Mr. Stine had not changed
and that he had tried to determine whether any new information was forth-
coming on the additional access road but Mr. Stine seemed to be very vague
on the matter. He added that he wanted to bring this matter to the Board's
attention inasmuch as he had told Mr. Stine he would do so.
Mr. Riley stated that he advised Mr. Stine that the Planning Commissi
should not bring this matter to the Board and if he wanted to address the
Board, he should make the request himself.
Mr. Koontz stated that as far as he knew the Board's position had not
changed on this matter and Mr. Stine must construct the road before the Board
would consider any further site plans.
Mr. Malcolm stated that the Board had granted Mr. Dawson temporary use
of Smithfield Avenue to provide access to his property and had subsequently
granted an extension of the permit. He stated that the Commonwealth Attorney
had been requested to render an opinion as to whether or not Mr. Dawson would
have to keep coming back to the Board for renewal of this permit when he
contends he bought a piece of property which had access.
Dr. Fish stated that he did not feel the Board could grant Mr. Dawson
an unlimited extension and the remedy should be through Mr. Stine.
Mr. Ambrogi advised that Mr. Dawson's problem is with Mr. Stine and not
with the Board.
Mr. Malcolm replied that Mr. Dawson's problem is also with the Board
inasmuch as the Board approved a conditional site plan. He asked what would
happen if the Board did - not grant an- •extension:toiMr. Dawson and - Mr...Ambrogi
replied that Mr. Dawson would then have to seek recourse through Mr. Stine.
Mr. Malcolm stated that he felt the Board should have the benefit of
some legal opinion on this matter to give to Mr. Dawson.
Mr. Rosenberger stated that he felt Mr. Dawson deserved some sort of
consideration by the Board.
Mr. Koontz suggested that the Board advise Mr. Dawson that there is some
question regarding another extension and perhaps he should be considering
other alternatives.
Mr. Stiles stated that he was not prepared to deny Mr. Dawson's extens
because of Mr. Stine's problem.
Mr. Malcolm asked if the Board could say to Mr. Dawson, who has bought
a piece of property from Mr. Stine, with a conveyed right -of -way, that he
cannot use it and Mr. Ambrogi replied that the Board could bind him with the
conditions they put on the site plan; that the next time he comes in for an
extension, the Board can grant it or they can say the conditions have not
been met.
Mr. Malcolm suggested that Mr. Dawson be notified of the problem he may
be facing and that this be done as soon as possible. He further requested
that a legal opinion be given the Board in writing regarding this matter.
Mr. Rosenberger requested that Mr. Riley write to Mr. Stine and advise
him that the matter had been discussed and the Board's position has not
changed regarding approval of site plans in his industrial park.
Mr. Pangle suggested that a time -table be established by the Board so
that Mr. Stine might have some guideline to follow in this matter.
Dr. Fish stated that he felt the Board had made it abundantly clear to
Mr. Stine where they stand.
There followed a brief discussion regarding the approval of industrial
access funds to solve Mr. Dawson's problem but no.action,was taken.
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REAPPOINTMENT OF CATHERINE MONTE TO CHAPTER 10 BOARD - APPROVED
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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 Frederic
Virginia does here reappoint Mrs. Catherine Monte to serve as a representa-
tive from Frederick County on the Chapter 10 Board for a term of three
said term to commence on January 1, 1980 and terminate on December 31, 1982.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
APPOINTMENT OF JOY COSTELLO TO REGIONAL LIBRARY BOARD - APPROVED
Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors of the County of Fred-
erick, Virginia does herein appoint Mrs. Joy Costello to serve as a repre-
sentative from Frederick County on the Regional Library Board, the term of
service to be determined at the organizational meeting of said Board.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and
passed unanimously, the Board retired into Executive Session in accordance
with Secition 2.1 -344, Subsection (a) (1), of the Code of Virginia, 1950,
as amended, to discuss personnel.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and
passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and
passed unanimously, the Board reconvened into Regular Session.
The Chairman stated that the Board had met with their consultant and
would begin interviews on December 3, 1979, of candidates for the County
Administrator's position.
ILITIES APPROVED
ON I N DOWNTOWN
owa: 0J
A report from the Joint Capital Facilities Committee was presented and
reviewed.
Dr. Fish stated that this has obviously been a long and tedious dis-
cussion and in many cases the Board is asked to make difficult decisions
based upon hunches, imcomplete information and what we think is best for
everyone in certain situations. He added that he would submit that this
is not the case in this particular matter because the people spoke loud and
clear on where they wanted their courthouse and if i
than on no court facilities in downtown Winchester,
face of the people who will use it and pay for it.
consider this when they cast their votes.
Mr. Sam Lehman asked if this would be put on a
when'the plans are finalized and Mr. Stiles replied
ve vote anything other
we are flying in the
He urged the Board to
ballot to the people
that it would if it
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takes a bond issue to pay for it.
Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owingsf
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick',
Virginia, does herein approve the construction of court and related facilities
jointly with the City of Winchester to be located in downtown Winchester and
further directs that the Joint Capital Facilities Committee begin work on an
agreement regarding this project for consideration and approval by the Board
at the earliest possible date.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, R. Thomas Malcolm, Will L. Owings,
and Kenneth Y. Stiles. Nay - Dr. Raymond L. Fish.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED
( 10 - w P aAwtt_
Secretary, Board o 8 Supervisors
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An Adjourned Meeting of the Frederick County Board of Supervisors was
THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN TO DECEMBER 3, 1979, AT 6:30 P.M!
held on December 3, 1979, at 6:30 P.M. in the Board of Supervisors' Meeting
Room, 9 Court Square, Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice - Chair-
man; Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm; and Kenneth Y.
Stiles.
CALL TO ORDER
The Chairman called the meeting to order.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Thomas B. Rosenberger, seconded by Will L. Owings,
and passed unanimously, the Board retired into Executive Session in accord-
ance with Section 2.1 -344, Subsection (a)(1) of the Code of Virginia, 1950,
as amended, to discuss personnel. The Chairman invited supervisors elect,
Mrs. Rhoda Maddox and Mr. William Baker to attend the Executive Session and
they accepted said invitation.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Thomas B. Rosenberger, seconded by Kenneth Y. Stiles
and passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Thomas B. Ro
and passed unanimously, the Board reconvened into Regular Session.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, THE BOARD
ADJOURNED TO DECEMBER 5, 1979, AT 6:30 P.M.
Shai Board of upe vi ors Secretary, Boar o
fi f Supervisors
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