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May 28, 1980 to June 11, 1980377 A Regular Meeting of the Frederick County Board of Supervisors was held on L� May 28, 1980 in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm; and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. I4N\ffiel4 eti1F063. The invocation was delivered by the Reverend William Hough of the Braddock • Street United Methodist Church. ADOPTION OF AGENDA The County Administrator stated that the agenda should be corrected to _. IF • indicate that Mr. Charles Orndoff is not eligible for reappointment to the Social Services Board and that said vacancy should be filled by a representative from the Stonewall District. The Board concurred with this correction. Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the agenda for the Regular Meeting of May 28, 1980 with the above amendment. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. REAPPOINTMENT OF DR. SAMUEL WHITACRE TO LORD FAIRFAX COMMUNITY COLLEGE BOARD APPROVED 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 reappoint Dr. Samuel N. Whitacre to serve as a representati from Frederick County on the Lord Fairfax Community College Board for a term of four years, said term to commence on June 1, 1980 and terminate on May 31, 1984. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. APPOINTMENT TO SOCIAL SERVICES BOARD CARRIED FORWARD The Board agreed to carry forward the appointment to the Social Services • Board to the next meeting. FORT COLLIER INDUSTRIAL ESTATES REQUEST FOR INDUSTRIAL ACCESS FUNDS APPROVED SITE PLAN APPROVAL PROCEDURES REFERRED BACK TO THE PLANNING COMMISSION Mr. I. Fred Stine, Jr. appeared before the Board and made a presentation re- garding the background and proposed development of Fort Collier Industrial Estates, explaining his goals and objectives for the park. His presentation included the planned phased development of the park and set.forth the water and sewer lines and the proposed roadways. Mr. Stine advised that the engineering and surveying work for the roadways has been completed. He stated that a second access to the park had been obtained; that he has an agreement for this access and the Highway Department has approved the plans for the roadway. Mr. Stine noted that right -of -way on Baker Lane has been obtained and he 378 hoped construction could be completed this summer. He advised that should industrial access funds not be available for construction of Brooke Drive extended, he would construct the road himself and that the current plans are to have all roads completet by next summer. Mr. Stine then presented a letter requesting Board endorsement of his applica- tion for industrial access funds. He stated that inasmuch as he had obtained the second access as directed by the Board, he would request that site plan approval procedures for the park be reconsidered. He added that he would propose the following conditions relative to site plan approval: (1) that the second access road would be completed by the end of this year; (2) the existing access roadway would serve only the Phase I sites; (3) Phase II would be approved only upon completion of the second access road; and (4) Linkage to the second access road from Brooke Road would be done before any future sites are operational. Mr. Stine stated that he would like to have the flexibility to market his property under the above conditions. Mr. Koontz expressed concern regarding the continued use of Smithfield Avenue by Harris Intertype until such time as the roadways in the park are completed. Mr. Stine replied that he felt his plan was well engineered and they had to start somewhere; that he had clients who are interested in locating in the park but in order to encourage them he must be able to state that their site plans can be approved under the abovementioned conditions. Mr. Stiles stated that Mr. Dawson (Harris Intertype) had no choice but to use Smithfield Avenue until the roads are completed and if the Board denies Mr. Stine's request for industrial access funds, it will only delay construction of the roads. Mr. Baker agreed with Mr. Stiles and stated that he felt Mr. Stine would pursue) his plan as presented if given the opportunity. There followed a brief discussion as to whether or not the Board had the right to grant permission for the use of Smithfield Avenue. Mr. Dawson stated that he would be glad to contribute to the construction of a road, but not if he was going to be able to use it only six months. He added that when his site plan was approved, the roadway was to have been constructed within eighteen months. Mr. Owings stated that he felt much more comfortable with Mr. Stine's current plans. Mr. Koontz was concerned that the road would not be completed for perhaps another year but the point was clearly made by Mr. Stine that the road would be completed by next summer, with or without industrial access funds. Mr. Stine emphasized that if funds are not forthcoming, he would build the road at his expense thus guaranteeing completion of the road by the specified time. Mr. Stiles stated that inasmuch as final approval of site plans had been given to the Planning Commission, perhaps Mr. Stine should meet with them to discuss his proposal. 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 refer the request for endorsement of the application for • 7 C , J • LJ f. 379 industrial access funds of Mr. I Fred Stine, Jr. and reconsideration of site plan approval procedures for Fort Collier Industrial Estates to the Planning Commission for study and recommendation back to the Board of Supervisors for consideration at their June 11th meeting. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, R. Thomas Malcolm, William H. Baker, Rhoda W Maddox, and Kenneth Y. Stiles. The Board recessed for ten minutes. Mr. Stiles then moved to rescind the previous resolution regarding the Stine U Industrial Park. This motion was seconded by William H. Baker and passed unanimous ly. Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein endorse the application of Mr. I. Fred Stine, Jr. for industrial access funds for road construction in Fort Collier Industrial Estates. The above resolution was passed by the following recordddc.vote:= Aye •Will'j. L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. Nay - S. Roger Koontz. Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein refer all matters dealing with site plan approvals for Fort Collier Industrial Park, and all related matters, to the Planning Commission with the understanding that all matters requiring Board action will be forwarded to the Board with a Planning Commission recommendation. The above resolution was passed by the following recorded vote: Aye -.S. • Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcol and Kenneth Y. Stiles. PUBLIC HEARINGS VIRGINIA DEPARTMENT OF HIGHWAYS & TRANSPORTATION - FREDERICK COUNTY SIX YEAR PLAN The Chairman called for comments from the public regarding the proposed six year road improvement plan for Frederick County. Mr. Sam Lehman stated that he felt the Board had examined the plan quite thoroughly and that it was a good plan. Mr. William Bushman, resident engineer for the Highway Department,, stated that they have now received their allocations and they are approximately $49,000 short of the 80 -81 figure which brings the figure now to $778,000. Mr. Stiles stated that had it not been for the 2¢ gasoline tax recently approved, the County would be in a very serious situation inasmuch as it was vital in order to maintain any type of program in the County. Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the Six Year Road Improvement Plan for Frederick County Administrator. County as presented, a copy of said plan to be kept on file in the office of the The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas and Kenneth Y. Stiles. 330 PUBLIC HEARING ON PROPOSED 1980 -1981 ROAD IMPROVEMENT BUDGET SCHEDULED FOR JUNE 25, 1980 Upon motion made by William H. Baker and seconded by Rhoda W. Maddox, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein set the date of June 25, 1980 at 7:00 P.M. for a Public Hearing on the proposed Fiscal Year 1980 -81 Road Improvement Budget for Frederick County, The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. FAIRFAX PLANNING DISTRICT COMMISSION PROPOSAL FOR Mr. Stiles reported that the Planning Commission unanimously recommended that the Board deny the application for grant funds by the Lord Fairfax Planning District Commission for a rural mass transit study inasmuch as it is not one of the more pressing needs in the County as identified in the County's overall policy formulation and program of work. Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny the application for grant funds by the Lord Fairfax Planning District Commission for a rural mass transit feasibility study inasmuch as it would seem inappropriate to conduct such a study due to the fact that mass transit is not one of the more pressing needs in the County at this time, as identified in the County's overall policy formulation and program of work. The above resolution was passed by the following recorded vote: Aye - Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. Nay - S. Roger Koontz. FINANCE COMMITTEE RECOMMENDATIONS Mr. Baker presented the Finance Committee recommendations and the following action was taken: PARKS AND RECREATION REQUEST FOR ADDITIONAL PETTY CASH - APPROVED Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request of the Parks and Recreation Department for an additional petty cash advance of $50.00 which is necessary due to the extra concession stands in the parks. The above resolution was passed by the 'following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. STATE AUDITOR OF PUBLIC ACCOUNTS TO CONDUCT FISCAL YEAR 1980 AUDIT FOR COUNTY Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the Auditor of Public Accounts be requested to conduct the Fiscal Year 1980 audit for the County. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. • I� L J U • r� L • 3$1 APPOINTMENT OF JAIL PHYSICIAN - APPROVED Mrs. Maddox stated that she had a question as to whether or not some of the items on the Finance Committee agenda should have come before the Committee on Law Enforcement; that Mrs. Maddox had discussed with Mr. White establishing guidelines to determine what items would come before certain committees. The County Administrator stated that he planned to present proposals to the Board at their June 25th meeting to review this matter, as well as other organi tional matters, so that a smooth flow of decision making might be maintained. Mr. Stiles then moved to table this matter and refer it to the Law En • Committee for recommendation at the next meeting. This motion was seconded by Rhoda W. Maddox and defeated by the following recorded vote: Aye - Rhoda W. Maddox, Kenneth Y. Stiles and S. Roger Koontz. Nay - Will L. Owings, R. Thomas Malcolm, and William H. Baker Mr. Stiles then moved to amend the resolution to read that the physician 1 • would be employed at a salary of $250 per month from May 1, 1980 through June 30, 1980 and that the matter be referred to the Committee on Law Enforcement for study in order that a recommendation regarding salary for the coming fiscal year might be formulated. This motion was seconded by Rhoda W. Maddox and passed unanimously. Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that Dr. Douglas L. Marshall is hereby designated as Jail Physician for the Winchester- Frederick County Jail at a monthly salary of $250.00 per month from May 1, 1980 thru June 30, 1980; and, BE IT FURTHER RESOLVED, That said resolution is contingent upon approval by the City of Winchester and the State Department of Welfare and Institutions. The above resolution was passed by the following recorded vote: Aye - • 1 S. Roger Koontz, Will L. Owings, William H. Baker, R. Thomas Malcolm, Rhoda W. Maddox and Kenneth Y. Stiles. DANIEL A. ROBINSON ASSOCIATES PROPOSAL FOR ACCOUNTING ASSISTANCE APPROVED Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein accept the proposal submitted by Daniel A. Robinson Associates, Certified Public Accountants, to provide services to assist the Finance Department in the development of a modified accrual system and procedures for the operating funds of Frederick County at a cost not to exceed $4,000, said funds to be transferred from unexpended salary elements in the County Administra- tor's budget. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. FUNDS TRANSFER FROM PUBLIC WORKS TO DOG WARDEN - APPROVED Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following transfer of funds from Public Works 332 to the Dog Warden in order to provide sufficient funding to complete the fiscal year: Acct. lOG -226A - $3,000 and Acct. 14A -603A - $3,000. The above resolution was passed by the following recorded vote: Aye - Malcolm and Kenneth Y. Stiles. S. Roger Koontz, William H. Baker, Will L. Owings, Rhoda W. Maddox, R. Thomas Mr. Stiles noted that this transfer was necessary as the result of carried over expenditures costs for the development of a security station at the dog pound.) FUNDS TRANSFER TO UNEMPLOYMENT COMPENSATION FUND - APPROVED Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the transfer of $1,000 from the Sheriff's budget to the unemployment compensation fund to provide funding to cover a bill for $7,768 for unemployment compensation claims primarily as a result of the turn- over in the Sheriff's Department following last Fall's election. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm,) and Kenneth Y. Stiles. RECLASSIFICATION OF ASAP DIRECTOR TO RANGE 25 - APPROVED Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a reclassification of the ASAP Director from Range 24 to Range 25 which is equal to all other department heads in Frederick County. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker and R. Thomas Malcolm. Nay - Rhoda W. Maddox and Kenneth Y. Stiles. Mrs. Maddox stated that she felt this was another matter which perhaps should have been sent to the Committee on Law Enforcement and Courts. Mr. Stiles stated that he felt there should be no reclassification until in abeyance until the Personnel Committee reviews the whole situation. the Personnel Committee completes its study and he felt this matter should be held EXCESS FISCAL YEAR 1980 FUNDS TO BE ALLOCATED TO JUDICIAL CENTER Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that all General Revenue Fund Revenues collected during the 1979 -1980 fiscal year, in excess of budget estimates, as amended and revised, are hereby directed to be transferred to the Courthouse Complex Capital Projects Fund; and, BE IT FURTHER RESOLVED, That unused appropriations remaining within the General Operating Fund at the end of the 1979 -1980 fiscal year, after allowing for appropriations to be carried forward to complete projects and honor out- standing purchase orders, are also hereby directed to be transferred to the above referenced fund. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. DJCP GRANT APPLICATION - JOINT CORRECTIONS & CONFINEMENT PROJECT APPROVED Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a grant application for the Joint Corrections and 0 1 • 1 • Ll 3$3 I Confinement Project in the amount of $3,000 to renovate and equip a room within the Frederick County Jail to provide adequate medical and mental health care, plus a secure space for counseling and contract visitation; local cost will not exceed $300, said funds to be allocated from the expenditure budget to cover the local share.' The above resolution was passed by the following recorded vote: Aye - r1 LJ S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. DIRECTED TO PROCE ION OF DEL Upon motion made by Will L.JOwings and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, i L J Virginia, does herein authorize the Treasurer to furnish to the Commonwealth's Attorney a listing of all delinquent personal property and real estate taxes for the year 1978, back to such time as said taxes can be legally collected, in order that he might proceed with collections of same. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. AUDIT REPORT COMMUNITY DEVELOPMENT BLOCK GRANT RECEIVED BY COUNTY Mr. Baker reported that copies of the report on audit from the Community Development Block Grant Numbers B76 -DN -51 -0121 and B77 -DN -51 - 0121 had been received and that it has been accepted by HUD. He noted that a copy of the audit report is available from the office of the County Administrator. PETITION FOR SWIMMING POOL FOR STEPHENS CITY PARK NOTED Mr. Baker reported that Mr. Owings had presented a petition to the Finance r1 LJ 1 Committee which he had received with over 500 names requesting a pool at Stephens City Park. The Committee noted that an overall master plan for future recreational facilities and programs will be undertaken in the new fiscal year and must be completed before any decisions can be reached on new recreational facilities. The Committee also noted that any capital facilities must be coordinated through the County's general capital facilities planning program and has therefore referred the matter to the Capital Facilities Committee for consideration. FUTURE PROJECTS DISCUS • Mr. Baker reported that work is continuing on a revision to property tax relief for the elderly ordinance, a business, professional and occupation licens versus merchant's capital tax, procedures for detailed quarterly review of departmental budgets and a resolution creating the position of County Attorney. BY -LAWS - PARKS AND RECREATION COMMISSION - APPROVED AS AMENDED The Board approved the following corrections to the By -Laws of the Parks I and Recreation Commission: Page 4, Section 7, Subsection c., the "meetings" was changed to "meeting" and the word "twelve" was changed to "ten" Mr. Stiles moved to change the word "chairperson" used throughout the ordinance to "chairman ". This motion died for lack of a second. Upon motion made by William H. Baker and seconded by Rhoda W. Maddox, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the By -Laws of the Frederick County Parks and Recreation Advisory Commission as amended. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT OF 0 , Board of Supervisors The Board of Supervisors of the County of Frederick, Virginia, held a joint work session with the Frederick County Planning Commission on June 10, 1980, at 8:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Board of Supervisors - S. Roger Koontz, Chairman; Will L. Owings; Vice- Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm; and Kenneth Y. Stiles. Planning Commission - C. Langdon Gordon, Chairman; Frank Brumback, Vice- Chairman; Manuel DeHaven; W. French Kirk; and James W. Golladay, Jr. ABSENT Planning Commission - Elmer Venskoske. DISCUSSION OF PROPOSED DOWNZONING PLAN Planning Commission Chairman, Langdon Gordon called the meeting to order and introduced Mr. John Riley, Planning and Development Director, to present the pro- posed downzoning plan for the County. Mr. Riley stated that following the discussion at the last work session, the two industrial areas (Stine Industrial Park and Gilpin Industrial Park) were re- evaluated and the Planning Commission recommended that these properties be kept in their current zoning. He advised that the Planning Commission had discussed the area in the vicinity of Fox Drive and recommended that the Star Fort area re- main as it is and not be expanded to Fox Drive. He advised that the Planning Commission further recommended that the Harter property in the Kernstown area remain in its current zoning. Mr. Riley noted that the residents along Old Red Bud Road behind the Amoco Foam Products Plant, zoned light - industrial, had been contacted and they expressed their desire to retain this zoning inasmuch as they felt a residential zoning would impede the sale of their property at a future date Commission recommended that this area be zoned B -2. ADJOURN. He added that the Planning • n • • 3g5J The Brick Kiln property was discussed and Mr. Riley noted that this property would reflect five acres in mining and the remainder would be zoned agricultural indicating a mining operation and on the south side it would be single family residential. Mr. Owings asked if the Planning Commission had reconsidered the zoning of the Eackles property and Mr. Riley replied that the Planning Commission recommend that the property be downzoned as previously proposed and that the staff had re- ceived no further information from Mr. Eackles regarding the use or type of use proposed for the property. Mr. Riley then noted that two other areas had been discussed which the staff U] had discovered in reviewing the maps; one being the Opequon Ridge, Opequon Heights and Opequon Estates areas and the other being the back porton of Brookneill Sub- division, and that the Planning Commission recommended downzoning these areas from residential to agricultural so that it will be consistent with the rest of the plan. He added that this plan is not the only approach the Planning Commission and 1 V staff are utilizing to prepare Frederick County for future growth, they are also planning to refine the zoning and subdivision ordinances. Mr. Owings stated that when this project began he was-quite enthusiastic about it because he felt there was too much land zoned residential or commercial but at this point in time he has lost a lot of this enthusiasm. He added that the proposed plan appeared to benefit the big man whereas it did very little, if anything, for the little man and further he did not like what had been done south of Stephens City. Mr. Koontz stated that he had hoped the proposed plan would serve as an equalizer to insure that land was taxed according to zoning thereby preventing future development land being taxed under land use taxation. He suggested that only agricultural land be permitted under land use taxation. Mr. Baker and Mrs. Maddox both agreed that they too had hoped the plan would address this problem. Mr. White advised the Board that if they feel very strongly about the land use taxation issue, perhaps they should consider only allowing use value taxation in agricultural districts, but he did not feel they could use use value tax abuses as a basis for making these downzoning decisions. Mr. Brumback stated that two years ago the Board had requested the Planning [I Commission to work on this project and now we have reached a point where Board support is essential. He noted that if this support is not forthcoming, then the Board either feels the Planning Commission did a poor job or they did not really want the job done in the first place. Mr. Malcolm agreed with Mr. Brumback stating that the Board had hoped that land use taxation would be addressed in the plan but realized that there are certain things we can and cannot do. He added that the Board had decided to proceed knowing that they would face legal problems in some areas. Mr. Malcolm stated that he supported the plan in general but realized there would be some problem areas. He added that the Board has the opportunity to do something and if they don't we are no better off than we were four or five years ago. Mr. Koontz replied that the original idea had been to proceed with downzoning to see what could and could not be done; that the Board had never said they would accept the plan as submitted. Mr. Riley stated that he felt it was a feasible plan and will provide for good future planning. He noted that the staff could research the land use taxation ordinance and perhaps the Board might want to consider agricultural districts as suggested by the County Administrator. Mr. White advised that one of the major objectives of the plan is to develop a useful growth management device and it is not capable of dealing with the land use taxation issue. The large industrial tracts were discussed and Mr. Riley stated that a planned industrial district is currently being drafted which he felt would aid in the development of the industrial parks in a desirable manner. He added that other problems could be addressed in the update of the Comprehensive Plan and revisions to the ordinances. He noted that the plan is a flexible document and is subject to change. He then asked whether or not the Board was ready to proceed to public heating and all members stated that they agreed with the general concept of the plan and were ready to proceed to public hearing. Mr. Riley stated that he would research with legal counsel, the proper adver- tising procedure for public hearing and would advise the Board when we are ready to go to public hearing and the process to be followed. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by William H. Baker and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344 (a)(6) of the Code of Virginia, 1950, as amended to discuss legal matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Will L. Owings, seconded by R. Thomas Malcolm and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by R. Thomas Malcolm, seconded by William H. Baker, 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. //�yn / Clerk, Board of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on the 11th day of June, 1980, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm and Kenneth Y. Stiles. • • • • 7' 387 CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend David Knight of the Frederick Episcopal Parish. APPROVAL OF MINUTES Mrs. Maddox requested the following corrections to the minutes of May 28, n U • 1980: Page 7, strike the word "Courts" from the Committee on Law Enforcement and Courts in lines 22 and 28; correct the last portion of the first sentence under Appointment of Jail Physician to read "that Mrs. Maddox had discussed with Mr. White establishing guidelines to determine what items would come before cer- tain committees ". The Board concurred with these corrections. Upon motion made by R. Thomas Malcolm, seconded by William H. Baker and passed unanimously, the minutes of the Regular Meeting of May 14, 1980, the Joint Work Session with the Planning Commission on May 21, 1980 and the Regular Meeting of May 28, 1980 were approved as corrected. ADOPTION OF AGENDA Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, the agenda was adopted as submitted. APPOINTMENT OF PAUL MEYERS TO SOCIAL SERVICES BOARD - APPROVED 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 appoint Mr. Paul Meyers to serve as the representative from Stonewall District on the Social Services Board for Frederick County for a term of four years, said term to commence on July 1, 1980 and terminate on June 30, 1984. The above resolution was passed by the following recorded vote: Aye - S. E Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malco and Kenneth Y. Stiles. PUBLIC HEARINGS ZMAP #003 -80 - ALBERT L. NICHOLSON - BACK CREEK DISTRICT - A -1 TO M -2 - TABLED Mr. Riley presented the rezoning request of Albert L. Nicholson and read • the reviewing agencies comments. He advised that the Planning Commission recom- mended approval of this request with the understanding that it will be placed in the Extractive Manufacturing District should that district be developed during the downzoning process. Mr. Greg Hutchinson, Attorney, appeared before the Board representing Mr. Nicholson and stated that they were.willing to submit to the Extractive Manufac- turing District zoning should the Board so desire. He added that the proposed operation would be the highest and best use of the land inasmuch as it would pro- vide masonry sand for local needs which is not now available in this area. He described the size and scope of the operation stating that one acre would be used the first year and not more than two during any year of operation. He added that reclamation would be done simultaneous with the mining and that the operation is planned for ten years. Mr. Hutchinson described the equipment which would be used, the building which would be constructed to house said equip- ment and the proposed route to be followed to transport the sand. He noted that • i e • should the rezoning request be approved, they must then meet all state regulations and seek a conditional use permit which could have restrictions placed thereon. He added that the original application had been for the entire 188 acres but had been reduced to 14 thereby moving the operation away from the Bushy Grove Sub- division. The size of the total sand deposit was discussed and Mr. Nicholson stated that he felt there was approximately 50 additional acres which had sand deposits in this tract of land. Mr. Baker asked why the application had been reduced from 188 acres to 14 acres and Mr. Hutchinson replied that they had not had any testing of the property and therefore had applied for the entire 188 acres but they had underestimated the opposition and had reduced it to 14 acres to move it away from the subdivision. Trucking of the sand was discussed and Mr. Hutchinson advised that they would plan to have the sand hauled out as it is mined within each month. Reclamation was discussed and Mr. Hutchinson stated that this is regulated by state law and that when they move to the second parcel, the first parcel would be reclaimed. and asked if state regulations would override the Board's restrictions. Mr. Baker stated that he felt very strongly about strip- mining in the County Mr. Riley advised that state requirements are very exact regarding reclama- tion and that should the property be placed in the Extractive Manufacturing District the plans of operation must be submitted to the Planning and Development Department as well as to the state and thereby we would have some limited monitoring of the situation in addition to the state. Mr. Riley presented the following letter in support of the application from Stewart and Anne Keller, which upon motion duly made, seconded and passed, was made a part of the record of this meeting. Maurertown, Va. June 8, 1980 John R. Riley, Director Dept. of Planning & Dev. Co. of Frederick 9 Court Square Winchester, Virginia 22601 Re: Rezoning for Sand Mine Brill Property Star Tannery, Va. Dear Mr. Riley, We are concerned citizens nearby Shenandoah Co. (zipp area) In reference to the above, we hope you will be able to approve the reopening of the sand mine. It could mean a lot to the Brill family as Mr. Brill has worked all his life on this property now after settling his father's estate he needs it. We believe the mines would even help the area as any industry does;and is needed at this time. As far as hurting the area, we don't believe it will, rocks purify water, we don't believe the wildlife would be hurt or the traffic couldn't be any worse for that than any other hauling. We say use our Natural Resources in our area, why go elsewhere we have used the sand for rock walks, works fine. If the land would be sold, the area could get something worse than a sand mine, we've seen it happen. Let's keep the land in it's natural use and not have to sell to just anybody. Please share these thoughts with the Board and vote in favor of reopening the sand mines. Sincerely, • • s • i 1] /s/ Stewart & Anne Keller 339 Stewart & Anne Keller Maurertown, Va. 22644 Phone: Home 436 -3399 Office 459 -4019 Mr. Steve Slaughter from Frederick Block Company appeared before the Board in support of the application stating that there is a need for a local source of sand in the area; that at the present time they must purchase their sand in Pennsylvania at a very high cost. Mr. Bruce Downing, Attorney representing Mr. and Mrs. Ross Farrar, appeared • before the Board in opposition of the application stating that their farm is directly south of the area proposed for the mine. He noted that they were con- cerned about the effect of the mine on the springs in the area inasmuch as their cattle drink from the stream. He added that they are also concerned about the road and the noise pollution from such an operation. Mr. Downing presented a letter to the Board members from Unimin Corporation • regarding,the quality of the sand on the property and stated that based on the letter, he did not feel this sand would be suitable for masonry purposes. He added that he felt the Planning Commission had recommended approval of the re- quest because of the need for good masonry sand in the area and should this sand not be suitable for said purposes, we would have another glass sand mine which is not needed in the County. He requested that if the Board does not deny the application, that it be sent back to the Planning Commission until complete testing is done on the property. Mr. Downing stated that should this property be rezoned, and Mr. Nicholson finds it is not feasible to operate the mine on a small scale, it would be possible for a large company to come in and operate on a larger scale in order to make it feasible. Mr. Owings asked Mr. Downing if anyone had expressed concern regarding the • active operation of the mining which has been done in this area in violation of regulations. Mr. Downing replied that the operation had been small and he knew of no complaints. He added that he felt it would be very difficult to deny additional applications for mining in this area if this one is approved. Mr. Owings asked if Mr. Downing wanted verification that the sand is acceptable and Mr. Downing replied that this is correct inasmuch as there is no proof at this time that the sand is a high quality, masonry sand. Mr. Stiles stated that he did not feel the Planning Commission, nor the • Board of Supervisors, are qualified to pass judgement on whether or not this would be a successful business venture. Mr. Charles Stanton appeared before the Board in opposition to the rezoning request and expressed concern regarding the possible effect it might have on Cedar Creek which is eligible for national recognition. Ms. Cyreal Wilson appeared before the Board in opposition to the application � I and stated that information from the Streams Standards Committee states that Cedar Creek is the only high quality stream left in Frederick and Shenandoah Counties. She requested that this rezoning application be reviewed by that Committee for comment and recommendation. 390 Mr. Sam Cravotta appeared before the Board in opposition to the application and presented a letter setting forth his objections. He stated that should this application be approved, he would have to move to another home and it would cer- tainly devalue his property. Mr. Owings asked Mr. Cravotta if he had complained'about the previous mining operation in this area and he replied that he had not inasmuch as he wanted the landowner to be able to use his land and the operation had been very intermittent. Ms. Sarah P. Faulconer, Conservation Chairperson for the Northern Shenandoah Valley Audubon Society, appeared before the Board and stated that this organization is unconditionally opposed to this rezoning and the subsequent sand mine operation in that they feel the area will suffer environmental degradation should this sand mine become a reality. Mr. Richard Neff appeared before the Board in opposition to the request stating that he lives within one -half mile of the proposed sand mine; that he did not feel Route 603 would be suitable for heavy vehicles hauling sand and that in order to make this type operation financially successful it must be done on a large scale. He advised that the Highway Department has stated that they cannot enter into this matter, but they can in fact deny access to Route 603. Mr. Neff added that the residents in the area are concerned that the operation will expand to adjacent land. Mr. Stiles advised that the Highway Department is requested to review appli- cations and submit comments which reflect whether they do or do not approve of the plan. He stated that the Highway Department very rarely is able to deny access from a piece of property onto a public road and there is certainly sufficient sight distance at this location. Mr. Kermit Racey, Attorney representing Mr. Larry Cooke, an adjoining property owner appeared before the Board and stated that they wanted to advise the Board that Mr. Cooke will be filing an application for a zoning change in the near future for a similar operation. He advised that Mr. Cooke has been active in extracting sand and selling to the local market Mr. Cooke is in a similar situation. He urged the Board to keep in mind that Mr. Malcolm asked Mr. Racey if he was willing to stipulate that Mr. Cooke did at one time apply for a rezoning and it was turned down but he proceeded to operate even after denial. Mr. Racey replied that this was correct and that he did so on advice of his legal counsel at that time. He noted that the property had been used for this purpose for a long period of time. Ms. Maddox asked what the sand has been used for and Mr. Cooke replied it has been used for masonry purposes but is not processed on the mining site. He stated that it is hauled to Strasburg and processed there. He described how the sand is processed and stated that it must be mixed to meet the ASTM standards. Mr. Tim Maloney appeared before the Board in opposition to the application stating that he did not want to see Mr. Brill restricted from the use of his;land but he was not the benefactor in this project and he felt perhaps he had been misled in this matter. He added that he did not feel there was a need for this operation inasmuch as the same type of sand is available at Gore. He noted that he did not feel the opposition would be so great if it was going to be an opera- tion like that of Mr. Cooke. • • 0 • 391 Both Mr. Owings and Mr. Stiles stated that they did not feel the Board had J the right to approve such an operation for one person and disapprove it for another, and that the question of where Mr. Nicholson lives in the County should have no bearing on the matter. The Board recessed for ten minutes. Mr. Stiles asked Mr. Nicholson if his operation would be the same as Mr. • Cooke's and Mr. Nicholson replied that he did not wash the sand on the site and he did not haul in sand to mix with the sand mined on the site. He noted that the only water on the property would be for sanitary facilities and to wet down the sand; that there would be no discharge into Gravel Springs. He advised that he felt his sand would meet ASTM standards for masonry use. Mr. Hutchinson then appeared before the Board in rebuttal and stated that 0 he felt the sand on this site had passed sufficient testing and that the appli- cant can meet the restrictions for the Extractive Manufacturing District zoning. He added that they also felt they could meet the state restrictions as well as environmental regulations. Ms. Cyreal Wilson again requested that this application be reviewed by the Stream Standards Committee before a decision is made. She added that the ex- tractive manufacturing district is still in the draft stage and there is no guarantee it will be approved. She expressed concern regarding an M -2 industry in this area, the problem of monitoring the operation and the reclamation of the property. Thereupon Mr. Baker moved that inasmuch as there seems to be some confusion • regarding the testing of the sand by Unimin, this matter be referred back to the Planning Commission for consideration and recommendation back to the Board at the July 9th meeting with the stipulation that the applicant obtain an indepen- dent engineering firm to conduct tests on the site with the results being pre- sented to the applicant and Mr. Riley for presentation to the Planning Commiss- ion. The motion was seconded by Rhoda W. Maddox and defeated by the following recorded vote: Aye - William H.• Baker, Rhoda W. Maddox and S. Roger Koontz. Nay - Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles. Mr. Stiles questioned whether or not this would be a legal procedure in a rezoning request; that he felt this was an economic decision which he did not feel the Board had the ability or qualifications to make. Mr. Owings then moved that the recommendation of the Planning Commission for • approval of the rezoning request of Albert L. Nicholson be approved. This motion was seconded by Kenneth Y. Stiles and defeated by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings and R. Thomas Malcolm. Nay - William H. Baker, Rhoda W. Maddox and S. Roger Koontz. Mr. Stiles then asked if a motion is defeated by a tie vote, when could it be brought back to the Board and the Chairman replied that if it is defeated by a tie vote it can be brought back in one month. Mr. Stiles then moved to have the application sent to the Stream Standards Committee for study and recommendation. This motion was seconded and passed unanimously. 392 CUP #003 -80 - ALBERT POORE, ET UX - BACK CREEK DISTRICT - APPROVED Mr. Riley presented the conditional use permit request of Albert Poore, et ux and read the reviewing agencies comments. He stated that the Planning Commission recommended approval of the request with six conditions. Mr. Poore appeared before the Board in support of his request and stated that he had a 50 foot right -of -way from Route 600 in his deed and would main- tain the road as he has done since he moved into the area. He noted that he felt there was a need for this type of service in the area. He stated that he needed additional space to operate his business inasmuch as he is currently operating from the garage attached to his house. Mr. Ron Smith appeared before the Board in support of Mr. Poore's request and stated that his proposed building will be very asthetic and the service was needed in the community. He stated that Mr. Poore's property is visable from the road only when the leaves are off the trees. Mr. James W. Gulick appeared before the Board in support of the application stating that this service is needed in the area. He urged the Board's favorable consideration of this request stating that Mr. Poore is handicapped and is trying very hard to be self- supporting. He assured the Board that Mr. Poore was a man of principle who would abide strictly by the conditions placed on his conditional use permit. Mr. Ernie Snyder appeared before the Board in support of Mr. Poore's request and stated that he too felt the service was needed in the area and that Mr. Poore would run a well kept, neat operation. Mrs. Anna Hedrick appeared before the Board in opposition to the request stating that her property adjoins the Poore property; that she was representing several other property owners in the area who did not feel this was a proper lo- cation to conduct this business inasmuch as there is no community in the area to offer the service to. She advised that the surrounding property owners would be adversely affected. She noted that this is an agricultural area and this type business would be a detriment to other property owners. Mrs. Hedrick expressed concern regarding the fire potential from such an operation as well as the effect it might have on the ponds and wells in the area. Mr. Stiles requested that an additional condition be added to the permit to state that Mr. Poore would agree to maintain the road in its current condition from his property out to Route 600. He further stated that he felt the Board should note that if this permit is a that Mr. Poore does have the legal r it will be approved on the assumption to use the right -of -way for ingress and egress and if it is determined he does of have this right, the permit shall become invalid. The Board concurred wi h this request. Mr. Baker requested that conditionlnumber two be altered to read: "Mr. and Mrs. Poore will be the only employe s ". The Board concurred. Upon motion made by William H. Bak i r and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditionll Use Permit #003 -80 of Albert and Sandra Poore to construct a 1,400 square foot garage with three bays to construct an • r • • • 393 • auto air - conditioning service and mechanical repair operation on their property consisting of 16.96 acres located off Flint Ridge Road west of Route 600 in the Back Creek Magisterial District with the following conditions: 1. That it be non - transferable. 2. Mr. and Mrs. Poore be the only employees. 3. That it be screened from visibility of the right -of -way and residences either by natural growth and contour or artificial screen. 4. No outside storage of automobiles or parts. 5. Hours of operation of 7:00 a.m. to 7:00 p.m., Monday through Saturday. 6. This permit be issued for one year and reviewed at the end of that year. 7. Mr. Poore will maintain the road in its current condition from his property out to Route 600. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. ZMAP #006 -80 - 84 LUMBER COMPANY - STONEWALL DISTRICT - TABLED Upon motion made by R. Thomas Malcolm and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein refer ZMAP #006 -80 of 84 Lumber Company in Stonewall Magisterial District back to the Planning Commission for review and recommenda to the Board of Supervisors inasmuch as the Planning Commission had tabled it until their June 18th meeting. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, R. Thomas Malcolm, and Rhoda W. Maddox. Abstaining - Kenneth Y. Stiles. CUP #005 -80 - ROBERT AND BETTY KERNS - GAINSBORO DISTRICT - APPROVED Mr. Riley presented the conditional use permit request for Robert and l J Betty Kerns to maintain a public garage and qualify for state inspection services. He read the reviewing agency evaluations and stated that the Planning Commission recommended approval with conditions. There was no opposition. Mrs. Maddox questioned the wording "the local law enforcement agencies" set forth in condition number three and Mr. Riley replied that this was an oversight and should be stricken. The Board concurred. Upon motion made by Rhoda W. Maddox and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit Number 005 -80 of Robert and Betty Kerns to maintain a public garage and qualify for state inspection services on their property located on the south side of Route 692 approximately 1 mile east of Route 522 North in the Gainesboro Magisterial District with the following conditions: 1. Outside storage of inoperative vehicles shall not exceed four vehicles. 2. All outside storage shall be adequately screened. 3. Hours open to the public shall be daylight hours, MQnday through Saturday, except in the case where emergency service is required. 4. If the use is discontinued, or occupancy of building changes, this conditional use permit shall expire and a new conditional use permit will be required. 5. This conditional use permit shall be reviewed and renewed annually by the staff provided all conditions of the permit have been met. 394 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, R. Thomas Malcolm, Rhoda W. Maddox and Kenneth Y. Stiles. ZMAP # 003 -80 - DONALD D. STOKES - SHAWNEE DISTRICT - DENIED Mr. Riley presented the rezoning request of Donald D. Stokes to sell pre- fabricated utility buildings off a vacant lot and stated that the Planning Commission recommends approval of this request. Mr. Stokes appeared before the Board in support of his request and stated there would be no water or sewer inasmuch as he did not require it for this business. He added that there would not be an increase in traffic flow to any great extent and that within one lot of his location the zoning is B -2. Mr. Malcolm stated that he had reviewed the records since 1976 when this property came before ther.Board for rezoning to B -2 by another party and there was considerable opposition. He added that he agreed with the staff comment about highway access and also concurred that it is a continuance of strip develop- ment. He noted that he felt the two biggest concerns were that it does not meet health requirements and for the Board to rezone it on the assumption water and sewer would be there any time soon would be wrong, and second the proposed use seems to be satisfactory but once it is rezoned anything can go in there. He added that he therefore felt it would be illadvised for the Board to consider the rezoning at this time mainly because of a matter of consistency. Mr. Stiles stated that it would appear to him that this request would be self - limiting inasmuch as Mr. Stokes could not build a structure on the property which could house employees or be open to the public if he could not obtain water and sewer. He noted that Mr. Stokes has Highway Department approval for access to the road which he felt would be upheld in the courts. Mr. Hugh Price appeared before the Board and stated that the shrubbery which might cause a problem with site distance is located on the state right -of- way which the Highway Department is responsible for mowing. Mr. Charles Courtney appeared in opposition to the request and stated that the situation in this area has not changed since 1976 and if anything the traffic problem is worse. He added that the entrance is certainly not a safe one. Mr. Stiles advised that the Planning Commission had not heard any opposition from the neighbors. He stated that he did not feel it would harm the neighbors and the applicant had Highway Department approval. He noted that Mr. Stokes would lease the property to Mr. Fowler to operate the business. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny the rezoning request of Donald D. Stokes to rezone 1.144 acres from R -1 to B -2 in Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. ZMAP #005 -80 - O. L. PAYNE - MH -1 TO M -1 - STONEWALL DISTRICT 19 ACRES APPROVED Mr. Riley presented the rezoning request of O. L. Payne to rezone 19 acres from MH -1 to M -1 and read the reviewing agencies evaluations. He stated that the Planning Commission recommended approval of this request. • • • 1 395 Mr. Payne appeared before the Board in support of his request. Mrs. Nancy Yost appeared and requested clarification of the road access contained in this rezoning request as it related to her mobile home park. Mr. Payne explained the plan to her satisfaction. Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the following rezoning petition on third and final reading: ZONING MAP AMENDMENT PETITION NO. 005 -80 OF 0. L. PAYNE, ROUTE 7, BOX 345, WINCHESTER, VIRGINIA, REQUESTING THAT 19 ACRES ON ROUTE 11 NORTH NOW ZONED MOBILE HOME COMMUNITY (MH -1) BE REZONED INDUSTRIAL LIMITED (M -1). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER SECTION 44, PARCEL D IN THE STONEWALL MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker and Kenneth Y. Stiles. Nay - R. Thomas Malcolm and Rhoda W. Maddox. ZMAP #004 -80 - 0. L. PAYNE - A -2 TO M -1 - 1.205 ACRES - STONEWALL A PPPM7P..i1 u Mr. Riley presented the request of 0. L. Payne to rezone 1.205 acres from A -2 to M -1 in the Stonewall Magisterial District and read the reviewing agency comments. He stated that the Planning Commission, by a tie vote, recommended denial of this request. Mr. Payne appeared before the Board in support of his request and stated that he wanted to be in the proper zone for the operation he is conducting on the property. He noted that he had not had any complaints from residents in the area. Mrs. Maddox and Mr. Malcolm expressed concern regarding the necessity for consistency in County zoning and the need to follow the comprehensive plan. Mr. Stiles stated that he agreed that the County zoning should be consist- ent but he felt this particular case was recognizing reality. There was no opposition. Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following rezoning request on third and final reading: ZONING MAP AMENDMENT PETITION NO. 004 -80 OF O. L. PAYNE, ROUTE 7, BOX 345, WINCHESTER, VIRGINIA, REQUESTING THAT 1.205 ACRES ON ROUTE 11 NORTH NOW ZONED AGRICULTURAL - GENERAL (A -2) BE REZONED INDUSTRIAL LIMITED (M -1). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER SECTION 44, PARCEL 57, IN THE STONEWALL MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Will L. Owings, William H. Baker and Kenneth Y. Stiles. Nay - Rhoda W. Maddox and R. Thomas Malcolm. CUP #004 -80 - ERNEST C. LAYMAN - OPEQUON DISTRICT - APPROVED Mr. Riley presented the conditional use permit request of Ernest C. Layman and read the reviewing agencies comments. He stated that the Planning Commiss- ion recommended approval of this request with conditions. Mr. Layman appeared before the Board in support of his request. There was no opposition. Upon motion made by Will L. Owings and seconded by Rhoda W. Maddox, 396 R BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit Number 004 -80 of Ernest C. Layman to operate an existing two bay garage which will be used for light auto, truck and machinery repair specializing in welding on the property located on the east side of U. S. Route 11 South approximately one -half mile south of Virginia state scales in the Opequon Magisterial District with the following conditions: 1. Satisfy health department requirements. 2. Outside storage and work to be effectively screened. 3. Daylight hours of operation, Monday through Saturday. 4. If the use is discontinued, or occupancy of building changes this conditional use permit shall expire and a new conditional use permit will be required. 5. This conditional use permit shall be reviewed and renewed annually by the staff provided all conditions of the permit have been met. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. CUP #002 -80 - ROADWAY EXPRESS, INC. - BACK CREEK.DISTRICT - DISCUSSED The Chairman stated that the Roadway Express, Inc. request for conditional use permit would go before the Planning Commission on June 18, 1980 and would come before the Board on June 25, 1980. Mr. Baker requested that this matter be researched thoroughly prior to the meeting so that many of the questions asked at the last hearing might be answered. ZMAP #007 -80 - DONALD L. FOWLER - STONEWALL DISTRICT - WITHDRAWN The Chairman announced that ZMAP #007 -80 of Donald L. Fowler had been withdrawn. STINE INDUSTRIAL PARK - SITE PLAN RESTRICTIONS - APPROVED Mr. Riley presented a recommendation from the Planning Commission containing five conditions to be placed on the site plans for Stine Industrial Park. Mr. Stiles suggested that Condition #1 "Allow him to market the property" be stricken inasmuch as he did not feel the Board could restrict Mr. Stine from marketing his property. The Board concurred and Item #1 was deleted. 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 Planning Commission recommendation that the following conditions be placed upon any site plan request for Stine Industrial Park: 1. Review site plan requests, with no temporary or permanent occupancy permits granted on new construction until a second access road has been completed. 2. If that portion of road requested for Industrial Access Funds is not approved by the Virginia Department of Highways and Transportation, Mr. Stine will construct that portion of the road. 3. All construction of the access road will be completed by October 31, 1981. 4. A bond will be required with a completion date no later than October 31, 1981 in the amount of $47,750.00. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, R. Thomas Malcolm, Rhoda W. • • 397 Maddox and Kenneth Y. Stiles. REPORT AND RECOMMENDATIONS OF THE JOINT COURT FACILITIES SUBCOMMITTEE nunRnvFn Mr. Malcolm presented the following report from the Joint Court Facilities I Subcommittee: Report and Recommendations of the .Joint Court Facilities Subcommittee The Joint Court Facilities Subcommittee met on May 12, 1980 with all members present except Mr. Stiles. Also present were several representatives of the Winchester • Parking Authority. The committee reviewed a presentation from the Parking Authority regarding the Authority's plans for the construc tion of a multilevel parking structure on the city- county lot between Cameron and Kent streets. The committee noted that the Authority has thoroughly whether or not such a reverter condition would be legally permissible and also acceptable to bond counsel for financing purposes. reviewed all available options concerning the construction ' Extensive analysis had been of the parking structure. undertaken regarding parking space needs as well. The • Authority has been able to secure a 50 year lease from Messrs Kuykendall and Whiting for a strip of land approxi- mately 70 feet x 160 feet. This extra land will allow the structure to accommodate the planned 658 parking spaces in four above ground stories and one story below ground. In order to properly accommodate the parking structure in the most efficient and cost effective manner the Parking Authority has indicated a need to utilize the land currently owned by the County and occupied by the Citgo station. • The committee noted the Joint Courts project agreement, approved February 13, 1980, that "the county will consider the use of the Citgo parcel on the basis of mutually agreed upon plan for the parking structure ". The committee thoroughly examined the feasible available options and concurrs that the use of the Citgo property will provide the most cost effective and efficient parking struc- ture and did mutually agree with these plans. The committee feels however that the allocation of the limited for in Citgo property should be strictly use relation to a public parking facility, and that the property should only be deeded with a clause that would cause the property to revert to the county if not used for public parking. The committee asked that the Parking Authority determine whether or not such a reverter condition would be legally permissible and also acceptable to bond counsel for financing purposes. �* Correspondence is attached from William A. Johnston, Esquire noting that such a clause would be acceptable. The committee notes that such a clause and its implications would have to be mutually acceptable by the city, however at the joint meeting no problems in this regard were anticipated. The County Courts Subcommittee therefore recommends that the Board accept the Parking Authorities proposal for the use of the Citgo property with the stipulation added that the property would revert to the county if at any time after revenue bond financing is paid off the property ceases to be used for public parking or parking in connection with a public building. Respectfully Submitted COURTS FACILITY SUBCOMMITTEE Tom Malcolm George Whitacre Richard Dick James M. White Kenneth Y. Stiles (absent) �J (Correspondence from William A. Johnston, Esquire, as noted above is on file in the Office of the County Administrator.) Upon motion made by R. Thomas Malcolm and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept and approve the report and recommendations of the Joint Court Facilities Subcommittee as set forth above. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. RECOMMENDATIONS FROM MEETING OF THE COMMITTEE ON ITTEE Mr. Owings presented the recommendations from the Joint Finance Committee and Engineering and Code Enforcement Committee meeting and the following action was taken: Claim of Douglas R Toan for Refund of Building Permit Fee - Denied Mr. Owings presented the following report: The Committee reviewed extensive material regarding building permit fee schedules which had been prepared by the Building Inspections Director. An overview of this material is attached. The Committee also reviewed Mr. Toan's claim as submitted by John S. Prosser, Esquire regarding the permit fees. The Committee notes that it has been the policy of Frederick County to operate the Inspections Department on a fee sustaining basis. The Committee notes that this policy has been successfully adhered to and feels that it should continue. The Committee noted that Mr. Toan's payment of the building permit fees for the three warehouses were in conformance with the fee schedule for Frederick County and there is no basis on which to render a refund. There- fore, the Committee recommends denial of Mr. Toan's claim. The joint committee carefully considered whether or not the fee structure should be adjusted to provide a separate fee schedule for warehouse type buildings. The joint committee further noted that representatives of the Board have previously met on two occasions with representatives of Mr. Toan. The committee noted that nothing had been presented that indicated the County's fee schedule was inappropriate. The Committee noted that since the matter is already in court, pursuant to action by Mr. Toan, that no further meetings with Mr. Toan or his representatives are necessary and that no adjustments in the County's fee schedules for building permits are warranted or recommended. • • L • « • Mr. Stiles stated that this report does not address the real issue, i.e. is it in fact cheaper to inspect a prefabricated building such as this than other buildings and should this be reflected in a fee sustaining schedule. Mr. White advised that the Code addresses prefabricated or pre- manufactured buildings. He added that this structure was a pre- engineered building and required the same quantity of inspections as a standard building. He noted that the fee charged was taken from the fee schedule and is based upon the necessary work required. Mr. White stated that Mr. Toan had given him a letter of rebuttal addressed to the Board regarding the Committee's recommendation. Upon motion made by Will L. Owings and seconded by William H. Baker, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept the report and recommendation from the joint meeting of the Finance Committee and Engineering and Code Enforcement Committee as set forth above and does deny the claim of Douglas R. Toan for a building permit fee refund. The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. Nay — Kenneth Y. Stiles. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. Baker presented the report and recommendations of the Finance Committee and the following action was taken: School Board Resolution Re: F :al Year 1980 Unex Transfer Mr. Baker presented a resolution authorizing the School Board to make transfers within the 1979 -1980 School Budget to provide for needed expenditures in various categories of the budget and the procurement of equipment for the new high school. Mr. Stiles stated that he did not feel this resolution would fix a ceil- • • ing on the purchase of equipment for the new school; that for two years the School Board has denied that more than $750,000 would be necessary for equip- ment. He asked how much money would be transferred from category to category inasmuch as last year's transfer resolution set forth 28 items from one line to another while this appears to. be a_ blanket resolution, Mr: Stiles* noted. that last year the School Board was directed to cut the budget by $350,000 and the School Board managed to achieve this by cutting $300,000 and then adding $50,000 in County revenue back into the budget. He suggested that the first $50,000 in surplus funds revert back to the County and perhaps be earmarked toward the court facilities. Mr. Owings replied that the School Board does not know exactly how much money they will receive until action is taken by the legislature and it is impossible to predict fixed figure in a= budget the.size of that of the School Board. Mr. Stiles moved to amend the resolution to set forth that the first I $50,000 in surplus funds in the school budget revert to the capital facilities budget. The motion died for lack of a second. Mr. Stiles again expressed his objection to the resolution stating that it was a blank check and did not set forth what the transfers would be. M Mr. White advised that the Committee had reviewed the details of the trans- fers and the consolidated resolution was prepared as a matter of convenience. Mr. Stiles then suggested that this information be made a part of the record and available to the Board members. The Board concurred and it was noted that a copy of said information is on file in the office of the County Administral tor. Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Frederick County Board of Supervisors does herein approve the request of the Frederick County School Board to make transfers with- in the 1979 -1980 School Budget to provide for needed expenditures in various categories of the budget, including Administration, Transportation, Capital Outlay, Building Fund and so forth; and, BE IT FURTHER RESOLVED, That approval of this request is made on condition that the Frederick County School Board's expenditures for the year from county tax funds, and the state one percent sales tax earmarked for education will not exceed the amount on the line item in the 1979 -1980 budget as adjusted; and, BE IT FURTHER RESOLVED, That the Frederick County Board of Supervisors does herein approve the request of the Frederick County School Board for per- mission to amend the 1979 -1980 operation budget to include additional appropria- tions and expenditures of all Title I, Title II -B, Title- IV -C, Title IV -D, Comprehensive Employment Act, and any other funds that have been allotted to the Frederick County School Board for the 1979 -1980 fiscal year; and, BE IT FURTHER RESOLVED, That said funds to be expended will be available from Federal and State revenues and represent no additional burden upon the General Revenue Fund of the County of Frederick; and, BE IT FURTHER RESOLVED, That the Frederick County Board of Supervisors does herein approve the request of the Frederick County School Board to authorize that any balance up to $150,000 in the 1979 -1980 school budget be transferred to the 1980 -1981 School Board budget to be applied toward procurement of furni- ture and equipment for the new senior high school. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Will L. Owings, R. Thomas Malcolm, and Rhoda W. Maddox. Nay - Kenneth Y. Stiles. Report - Delinquent Taxes Mr. Baker reported that the Finance Committee had met with Commonwealth's Attorney Ambrogi and reviewed procedures that will be following in the collec- tion of delinquent taxes, both personal property and real estate. It was noted that the Data Processing Department will provide assistance in preparing corres- ondence to assist in the collection of personal property taxes. The Committee noted that all available measures should be utilized to facilitate the collec- tion of delinquent taxes and will have additional recommendations in the future. Amendment to Public Heari: lief for the E to be for Upon motion made by Will L. Owings and seconded by Rhoda W. Maddox, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, to amend the County ordinance for tax relief for the elderly to raise the in- come limit to $9,000 and to set the deadline for filing for 1980 taxes for Virginia, does herein direct that a public hearing be scheduled and advertised • • n U • [I 401 • • • • August 15, 1980. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, R. Thomas Malcolm, Rhoda W. Maddox and Kenneth Y. Stiles. Solicitation for County Attorney - Approved Mr. Baker stated that the Committee had reviewed a memorandum from the County Administrator regarding criteria to be followed for the selection of a County Attorney and recommended approval of same. The Board reviewed the proposed criteria. Upon motion made by Willaim H. Baker and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the general conditions and duties, as out- lined in the memorandum from the County Administrator, dated May 30, 1980, be prepared in the form of a general solicitation and that this be circulated to area law firms with a request for a proposal for review and negotiation re- garding the position of County Attorney and that following the completion of negotiations, a resolution specifying the agreed upon terms and conditions, and appointment of a specific law firm, will be presented for approval by the Board of Supervisors. The above resolution was passed by the Tollowing recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. Proposed Bank Franchise Tax Ordinance to be Advertised for Public Hearing Upon motion made by William H. Baker and seconded by Rhoda W. Maddox, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the proposed Bank Franchise Tax Ordinance be advertised for public hearing. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. Board Meetings Scheduled for July 23rd and August 13th Tentatively Cancelled The Board agreed to tentatively cancel the Board meetings scheduled for July 23rd and August 13th, 1980, to accomodate vacation schedules. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERD THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. //4' e �.; P, Za� Cleik, Board of Supervisors