HomeMy WebLinkAboutDecember 13, 1978 to January 10, 1979A Regular Meeting of the Frederick County Board of Supervisors was held
on December 13, 1978, in the Board of Supervisors' Meeting Room, 9 Court Square
Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman;
Will L. Owings; Dr. Raymond L. Fish; and R. Thomas Malcolm. Kenneth Y. Stiles
arrived late.
The Chairman called the meeting to order.
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APPROVAL OF MINUTES
Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors ofrthe County of Frederick,
does herein approve the minutes of the Adjourned Meeting of this Board held on
November 29, 1978, as submitted.
The above resolution was passed by the following recorded vote: Aye -
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S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
and R. Thomas Malcolm.
VIRGINIA DEPART ^1ENT OF HIGHWAYS & TRANSPORTATION REVIEW OF 1977 -1978
ACCOMPLISHMENTS IN FREDERICK COUNTY
Mr. John Chiles, Resident Engineer, appeared before the Board and reviewed
briefly the achievements and accomplishments for road constructions and improve-
ment for fiscal year 1977 -1978, stating that some of the work had been delayed
by winter weather and flooding.
ROUTE 681 PROJECT - APPROVED
Mr. Rosenberger asked how much would be saved if the bridge only on the
Route 681 project were built and the approaches eliminated from the project and
Mr. Chiles stated that approximately $100,000 but that he could not recommend
this approach inasmuch as there are two 90 curves on the approaches in this
project. He further advised that if the Board so desired they could eliminate
the northern section of the proposed project and build this at a later time.
Mr. Chiles stated that the correct figure for the approaches would be $245,000
and not $100,000 as stated earlier.
Dr. Fish stated that he felt it would be foolhardy to delay this project
inasmuch as the more it is delayed the more it will cost. He further stated that
he felt this project was necessary.
Mr. Rosenberger then moved to accept the Route 681 project as a bridge only
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with the approaches and Mr. Owings seconded this motion stating that he accepted
the engineer's evaluation that the bridge is unsafe and would not be a part of
turning down a project which might result in the loss of life or injury.
Dr. Fish stated that he would have to oppose this motion inasmuch as he felt
it would be very unwise to alter the project by elimination of the approaches;
that should the bridge only be built, this would still be a dangerous situation
because of the curves on the approaches.
Mr. Koontz asked if the Highway Department had done anything to resolve the
I II objections stated by Mr. Elmer Venskoske and Mr. Edward Lipiec to this project
and Mr. Chiles stated that he felt something could be done to assist Mr. Liepiec
to some extent.
The above motion was then defeated by the following recorded vote: Aye -
Thomas B. Rosenberger and Will L. Owings.. Nay - Dr. Raymond L. Fish, R. Thomas
Malcolm, and S. Roger Koontz.
Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia;. does herein approve the Route 681 project in its entirety as set
forth in the Virginia Department of Highways and Transportation Six Year Plan
for Frederick County with the stipulation that all due precautions be observed
by the Highway Department to insure that the least possible inconvenience be
incurred by the local residents who reside along the project and that all due
consideration be given to Mr. Edward Lipiec's problems of approach to his
property and Mr. Elmer Venskoske's potential problem of flooding.
The above resolution was passed by the following recorded vote: Aye -
Dr. Raymond L. Fish, R. Thomas Malcolm, and S. Roger Koontz. Nay - Thomas
B. Rosenberger and Will L. Owings.
Mr. Rosenberger then moved to amend the above resolution to delete the
northern section of the project. The motion died for lack of a second.
ABANDONMENT OF A PORTION OF ROUTE 842 - APPROVED
Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm,
WHEREAS, Secondary Route 842, from 1.0o mile North of the Warren'County
Line to the Warren County Line, a distance of 1.00 mile, has been altered, and
a new road has been constructed and approved by the State Highway and Trans-
portation Commissioner, which new road serves the same citizens as the road
so altered; and,
WHEREAS, Certain sections of this new road follows a new location, this
being shown on the sketch titled, Relocation of Route 842 in Frederick County,
Budget Item 5006, dated 11 -3 -78,
NOW THEREFORE BE IT RESOLVED, That the portion of Secondary Route 842,
i.e. Section 1, shown in red on the abovementioned sketch titled, Relocation
of Route 842 in Frederick County, Budget Item 5009, dated November 3, 1978, a
total distance of 0.12 miles, be and hereby is added to the Secondary System of
State Highways, pursuant to Section 33.1 -229 of the Code of Virginia of 1950
as amended; a forty foot (40 unrestricted right -of -way is guaranteed. This
right -of -way is recorded in Deed Book 471, Page 77, dated March 15, 1977.
AND BE IT FURTHER RESOLVED, That the old location, i.e. Section 2, shown
in blue on the aforementioned sketch, a total distance of 0.14 miles, be and
the same hereby is abandoned as a public road, pursuant to Section 33.1 -155 of
the Code of Virginia, of 1950 as amended.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
and R. Thomas Malcolm.
ABANDONMENT OF A PORTION OF ROUTE 127 - APPROVED
Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings,
WHEREAS, Primary Route 127 from 0.334 miles northeast of the West Virginia
line to Route 522, a distance of 1.84 miles has been altered, and a new road has
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been constructed and approved by the State Highway and Transportation Commissioner,
which new road serves the same citizens as the road so altered; and,
WHEREAS, Certain sections of this new road follows new locations, these
being shown on the sketch titled, "Changes in Primary and Secondary Systems
due to relocation and construction on Route 127, Project 0127 - 034 -101, M -501,
dated at Richmond, Virginia, June 13, 1978."
NOW THEREFORE BE IT RESOLVED, That the portions of Primary Route 127, i.e,
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Section 5 shown in blue on the aforementioned sketch titled, "Changes in Primary
and Secondary Systems due to relocation and construction on Route 127, Project
0127- 034 -101, M -501, dated at Richmond, Virginia, June 13, 1978," a total distance
of .25 miles, be and hereby is, abandoned as a public road, pursuant to Section
33.1 -155 of the Code of Virginia of 1950 as amended.
AND BE IT FURTHER RESOLVED, That the section of old location of Route 127,
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i.e. Section 3 shown in brown on the aforementioned sketch a total distance of
.08 miles be transferred to the Secondary System;
AND BE IT FURTHER RESOLVED, That Section 2 shown in red on the aforementioned
sketch a total distance of .07 miles be, and hereby is, added to the Secondary
System of State Highways pursuant to Section 33.1 -229 of the'Code of Virginia
of 1950, as amended;
AND BE IT FURTHER RESOLVED, That the State Highway and Transportation
Commission be requested to take the necessary action to discontinue the sections
of old location, i.e. Sections 1,4, and 6, shown in yellow on the aforementioned
sketch, a total distance of .36 miles, as a part of the Primary System of State
Highways as provided in Section 33.1 -150 of the Code of Virginia as amended.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and
R. Thomas Malcolm.
Dr. Fish requested that safety devices be installed on this section of road
where it intersects with Route 522 inasmuch as he felt this was a most dangerous
situation. Mr. Chiles stated that he also felt something must be done at this
location and he would have the traffic safety engineer investigate this matter.
CEDAR CREEK GRADE DISCUSSED
Mr. Rosenberger asked if Route 622 from Route 37 (Cedar Creek Grade) would
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be completed by the,fall of 1979 and Mr. Chiles replied that there has been some
consideration in Richmond to seek the cooperation of the City of Winchester to
improve this entire road including the 800 feet within the City where it inter-
sects with Route 11. He added that he did not know what this would do to the
timing on this project but he personally felt the entire project would be con-
structed and that the County portion would be rebuilt regardless of the action
taken by the City.
I - RIDGEFIELD SUBDI VISION, SECTION 1 - OPE
Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein request the Virginia Department of Highways and Transportation
to accept into the Secondary Road system the following road in Redgefield Sub-
division, Section I, Opequon Magisterial District, pursuant to the provisions of
Section 33.1 -229 of the Code of Virginia, 1950, as amended:
Ridgefield Avenue from Route 277 to Linwood Court,
a distance of 0.04 miles
Linwood Court from Ridgefield Avenue to ..11 miles
west to cul -de -sac, a distance of .11 miles
BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth
of Virginia, an unrestricted right -of -way of sixty (60) feet with necessary
easements for cuts, fills and drainage recorded in Deed Book 482, Page 260, dated
October 25, 1977; and,
BE IT FURTHER RESOLVED, That this request is contingent upon the posting
of a proper and acceptable bond with the Virginia Department of Highways and does
direct that the performance bond being held by the County be reduced in the
appropriate amount on said subdivision.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and
R. Thomas Malcolm.
PUBLIC HEARINGS
ZMAP #017 -78 OF FRANCIS P. LAGES, ET,
- B -1, M -2, AND R -1 TO B -2 - APPROVED
- SHAWNEE DISTRICT
Mr. Berg presented the rezoning request of Francis P. Lages, et al and an
architectural sketch of the proposed shopping mall to be erected on the site.
He stated that the Planning Commission recommended approval of this rezoning
request.
Mr. William A. Johnston, Attorney at Law, appeared before the Board and
introduced Mr. James Gdula of Crown American Corporation, the builders of the
proposed shopping mall. Mr. Gdula presented several photographs of two other
malls constructed by his company and stated that the proposed mall would be very
similar to these.
There was a brief discussion regarding the estimated revenue expected from
the proposed mall and the accessibility from the site to the two primary highways
and interstate highway in the area.
Mr. Gdula stated that his company conducts a market feasibility study of
an area before plans are made to construct a mall and that these studies are very
extensive. He further advised that they felt this location was a prime site for
such a mall. Mr. Gdula stated that Crown American Corporation presently has
18 malls, 23 shopping centers, and 6 motor inns in operation in a four state
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Mr. Johnston. advised that Crown American Corporation ranks first in
Pennsylvania in gross leasable area and 16th in the nation.
The possible anchor stores for the shopping mall were discussed and Mr.
Gdula advised that they would be primarily nationally recognized chain stores such
as J. C. Penny, Sears, etc.
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Mr. Sam Lehman asked how far the nearest building would be to the airport
runways and Mr. Berg replied that it would be within one of the approach zones
to the airport and careful attention would have to be paid to building heights and
lighting.
Mr. Johnston advised that Crown American Corporation is aware of this situation
and this problem would be incorporated and addressed in their plans for the mall.
There was no opposition to this rezoning request.
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Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the,_County_df.:Frederibk,
Virginia, does herein approve, on third and final reading, the following rezoning
request:
ZMAP #017 -78 OF FRANCIS P. AND BLANCHE'.A•LAGES, 1114 HARVARD DRIVE,
WINCHESTER, VIRGINIA, O LEE GARBER, TRUSTEE, DONALD E. GARBER,
TRUSTEE, JULIAN F. GARBER TRUSTEE, P. O. BOX 67, WINCHESTER,
VIRGINIA, J & P PROPERTIES, INC., P. 0. BOX 824, WINDERMERE, FLORIDA,
AND CROWN CONSTRUCTION COMPANY, 131 MARKET STREET, JOHNSTOWN,
PENNSYLVANIA, REQUESTS THAT 104.159 ACRES AT THE'SOU.THEAST QUADRANT OE THE
INTERSECTION :OF -U.S:.' ROUTE .50 AND ROOTE. 522- .NOW.'ZONED'- BUISNBSS- LIMITED DISTRICT
- (B: -1):_ AND;' INDUS TRIAL- GENERAL' DI STRIC _')(M_2)'- DISTRICT
_(R -l)-BE REZONED BUSINESS= GENERAL DISTRICT (B'c2). THESE PROPERTIES. ARE DESIGNATE
AS.-PROPERTY IDENTIFICATION. NUMBERS "64(1)B;;64(1)89;�.64(1)4; 64(1)5;:.AND 64(1)101
AND ARE IN SHAWNEE 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,
R. Thomas Malcolm, and Kenneth Y. Stiles.
ZMAP #018 -78 - FREDERICK COUNTY PLANNING COMMISSION -
A -2 TO R -3 — SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Mr. Berg presented the rezoning request of the Frederick County Planning
Commission and stated that this is compatible to the area and therefore recommended
approval of this request.
There was no opposition to the rezoning request.
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request and that it was consistent with what the Board had done in this area a
Mr. Malcolm stated that he had heard no adverse comments regarding this
few months ago.
Upon motion made by R. Thomas Malcolm and seconded by Ke meth Y. Stiles,
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:
ZMAP #018 -78 SUBMITTED BY THE FREDERICK COUNTY PLANNING COMMISSION
WHO REQUESTS'THAT THE PROPERTIES IN GREENWOOD HEIGHTS SUBDIVISION
BOUNDED BY ROUTE 654 AND ROUTE 657 AND DESIGNATED ON PROPERTY IDEN-
TIFICATION MAP 65A, AND THE PROPERTIES IN BURNING KNOLLS, C. M.
LOCKHART AND,CHAKALAKIS LOTS SUBDIVISION OFF ROUTE 657 AND FRONTING
SUNSET DRIVE, PLANTATION DRIVE, DIXIE BELL DRIVE, ANDERSON AVENUE,
BROAD AVENUE, AND ROSSUM DRIVE AND DESIGNATED ON PROPERTY IDENTI-
FICATION MAP 65B, NOW ZONED AGRICULTURAL - GENERAL DISTRICT.(A -2) BE
REZONED RESIDENTIAL- GENERAL DISTRICT (R -3) AND IS LOCATED IN- SHAWNEE
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,
R. Thomas Malcolm, and Kenneth Y. Stiles.
ZMAP #019 -78 - EDWARD SHIRLEY, ET UX - A -2 TO M -1 STONEWALL DISTRICT -
APPROVED
Mr. Berg presented the rezoning request of Edward Shirley, et ux and stated
that the Planning Commission recommended approval of said request.
There was no opposition.
Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve, on third and final reading, the following rezoning
request:
ZMAP #019 -78 OF EDWARD AND EVELYN D. SHIRLEY, ROUTE 2,
BOX 400, STEPHENSON, VIRGINIA, REQUESTING THAT 2.03
ACRES, ON THE NORTHWEST SIDE OF U. S. ROUTE 11 ABOUT
THREE AND ONE -HALF (3 1/2) MILES NORTH OF WINCHESTER
NOW ZONED AGRICULTURAL - GENERAL (A -2) BE REZONED IN-
DUSTRIAL- LIMITED DISTRICT (14 -1). THIS.PROPERTY IS
DESIGNATED AS PROPERTY IDENTIFICATION NUMBERS 44(1)44
AND 44(1)45 AND IS IN STONEWALL 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,
R. Thomas Malcolm, and Kenneth Y. Stiles.
REPORT - TASK FORCES FOR THE 80's - LORD FAIRFAX COMMUNITY COLLEGE
Dr. Harold McMullen appeared before the Board and presented a report stating
that they were trying to elicit every possible suggestion concerning the role of
updating the master plan for the college between 1980 and 1986. He advised that
during the past summer a Task Force had been appointed to work on the six year
ster plan and was inviting the membership of the Frederick County Board of
Supervisors to consider the invitation the college is making coner ning suggestions
regarding the educational program.
Dr. McMullen requested that the members contact either Roger Koontz or him
to have their recommendations considered. He stated that the Task Force will
a report to the college board in the spring and then the State Council for
Higher Education in Virginia will be presented the report for consideration.
REPORT - SHENANDOAH AREA AGENCY ON AGING
Mr. Michael Tbht Executive Director of the Shenandoah Area Agency on Aging,
appeared before the Board and presented the Annual Report of the Agency and reviewed
briefly the services rendered to the elderly through their programs.
There followed a brief discussion regarding the number of people served
by the Agency and the number of persons 65 years of age and older who reside
in this area.
Mr. Toht stated that there is a need for additional centers and these are
in the Agency's long range plans.
Mr. Koontz thanked Mr. Toht for his presentation.
SUBDIVISIONS
SENSENY HEIGHTS SUBDIVISION - SHAWNEE DISTRICT - APPROVED
Mr. Berg presented this request for a one (1) lot subdivision in the Senseny
eights Subdivision and stated that the Planning Commission recommended approval
f this request.
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
rginia, does herein approve the subdivision request by E. L. Peters ( Senseny
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R. Thomas Malcolm, and Kenneth Y. Stiles.
WINDY HILL (NORA L. GARBER TRUST) - SHAWNEE DISTRICT APPROVED
Mr. Berg presented the subdivision request of the Nora L. Garber Trust
and stated that the Planning Commission recommended approval of this request.
• Dr. Fish asked if this request was in keeping with the Comprehensive Plan
and Mr. Berg replied that it was.
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,
Heights
Subdivision) for one (1) lot, (Williamson Road) located off
Senseny
(Windy Hill) for four (4) lots located off
Road in
the Shawnee Magisterial District as recommended by the Frederick County
Planning
Commission.
County Planning Commission.
The
above resolution was passed by the following recorded vote:
Aye -
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S. Roger
Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L.
Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
WINDY HILL (NORA L. GARBER TRUST) - SHAWNEE DISTRICT APPROVED
Mr. Berg presented the subdivision request of the Nora L. Garber Trust
and stated that the Planning Commission recommended approval of this request.
• Dr. Fish asked if this request was in keeping with the Comprehensive Plan
and Mr. Berg replied that it was.
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,
CUP #014 -78 - MARCUS REID - STONEWALL DISTRICT - TABLED
Mr. Berg presented the request for conditional use permit of Marcus Reid
and stated that the Planning Commission recommended a one (1) year permit in
order that potential traffic and safety problems might be studied.
Dr. Fish asked what the dimensions of the lot are and if the building had
been constructed for car and personal storage. Mr. Berg replied that the lot
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is 95 feet by 265 feet and that the building had been built for personal and
car storage.
• There followed a brief discussion regarding the location of the building-
, in relation to the lot line and Mr. Berg explained that the building is located
three feet from the line and not five feet as had been originally shown on the
building permit.
Mr. Stiles asked if when the building permit was sought it had been for a
business use, would there have been a problem and Mr. Berg stated that there
would have been inasmuch as a site plan would have been required as well as
health and parking facilities; that the entire proposal would have to have been
• studied more carefully.
Mr. Stiles stated that he had heard no objections from the neighbors
regarding this request but he felt the building permit request should have
reflected what the use of the building would be.
Dr. Fish stated that he was very concerned regarding parking facilities
for this business.
Mr. Stiles stated that he felt under the circumstances'it would be wise for
Mr & Mrs Reid to appear before the Board to discuss this request.
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
Virginia does herein approve the subdivision request
of the Nora L. Garber Trust
(Windy Hill) for four (4) lots located off
Route 522
South in the Shawnee
Magisterial District as recommended by the
Frederick
County Planning Commission.
The above resolution was passed by the
following
recorded vote: Aye -
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S. Roger Koontz, Thomas B. Rosenberger, Dr.
Raymond L.
Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
CUP #014 -78 - MARCUS REID - STONEWALL DISTRICT - TABLED
Mr. Berg presented the request for conditional use permit of Marcus Reid
and stated that the Planning Commission recommended a one (1) year permit in
order that potential traffic and safety problems might be studied.
Dr. Fish asked what the dimensions of the lot are and if the building had
been constructed for car and personal storage. Mr. Berg replied that the lot
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is 95 feet by 265 feet and that the building had been built for personal and
car storage.
• There followed a brief discussion regarding the location of the building-
, in relation to the lot line and Mr. Berg explained that the building is located
three feet from the line and not five feet as had been originally shown on the
building permit.
Mr. Stiles asked if when the building permit was sought it had been for a
business use, would there have been a problem and Mr. Berg stated that there
would have been inasmuch as a site plan would have been required as well as
health and parking facilities; that the entire proposal would have to have been
• studied more carefully.
Mr. Stiles stated that he had heard no objections from the neighbors
regarding this request but he felt the building permit request should have
reflected what the use of the building would be.
Dr. Fish stated that he was very concerned regarding parking facilities
for this business.
Mr. Stiles stated that he felt under the circumstances'it would be wise for
Mr & Mrs Reid to appear before the Board to discuss this request.
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein table the request for conditional use permit number 014 -78
of Marcus Reid for an antique shop on Route 672 in Brucetown, Stonewall Magisterial
District, until the next meeting of the Board in order that Mr.and Mrs Reid
might appear before the Board to discuss this request.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Ryamond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
CUP #018 -78 - FRANCIS KOWALSKI - BACK -CREEK DISTRICT - APPROVED
Mr. Berg presented the request for conditional use permit of Francis
Kowalski and stated that the Planning Commission recommended approval of this
reauest with conditions.
There was no opposition.
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 Frederick,
Virginia, does herein approve Conditional Use Permit No. 018 -78 of Francis
Kowalski for an antique shop on Route 50 West in Back Creek Magisterial District
for a period of one (1) year as recommended by the Frederick County Planning
Commission.
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 PLANS:
SITE PLAN #027 -78 - CHARLES W. OMPS, ET UX - GAINESBORO DISTRICT - APPROVED
Mr. Berg presented the request for site plan approval of Charles W. Omps,
et ux stating that the Planning Commission recommended approval of said plan.
Mr. Omps advised that the disabled vehicles on the property would be those
he is holding or working on and this would not be a junk yard.
There followed a brief discussion regarding Mr. Omps' operation as it would
relate to the recently constructed vehicle impoundment center at the landfill.
Mr. Stiles stated that this would be related only insofar as vehicles Mr. Omps' is
requested to tow for the Sheriff's Department.
Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings,
BE IT FURTHER RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein approve Site Plan #027 -78 of Charles W. and
Shirley Omps for an addition to the Omps' Garage located on Route 522 North in
Gainesboro Magisterial District as recommended by the Planning Commission.
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 031 -78 - FERGUSON ENTERPRISES, INC. - SHAWNEE DISTRICT - APPROVED
Mr. Berg presented the request for site plan approval of Ferguson Enterprises,
Inc. stating that the Planning Commission recommended approval of this plan.
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Dr. Fish asked if this would be a strictly wholesale business and Mr. Berg
replied that it would.
There followed a brief discussion regarding entrance to the property as it
tes to the current roadway in the area and Mr. Berg stated that this road is
currently planned to become a four lane highway in the Highway Department Plan
for this area.
Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
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Virginia does herein approve Site Plan No. 031 -78 of Ferguson Enterprises, Inc.
for a wholesale plumbing and heating business to be located on Route 522 South
in Shawnee Magisterial District as recommended by the Planning Commission.
The above resolution was passed by the following recorded vote: Aye -
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S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
BUILDING PERMIT - FRANCES RHODES - SHAWNEE DISTRICT - RELEASED
Mr. Berg stated that on October 4th Mrs. Frances Rhodes applied for a building
permit for a mobile home on 2.845 acres fronting Route 657 (Senseny Road); that
the zoning of her land is A -2 and the minimum lot size is one acre so the permit
was approved and released. He stated that it was subsequently discovered that
there would be two trailers on the property.
Mr. Berg stated that the situation as it exists does meet the letter of the
law but the Planning Commission will be considering what can be done to prevent
this type situation in the future.
Mr. Lawrence Ambrogi, Commonweath Attorney, advised that the tract could
not be subdivided and sold but must be sold as one parcel of land.
Mr. Malcolm stated that there did not appear to be anything that could be
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done regarding this situation but hopefully the Planning Commission could develop
a recommendation to remedy this problem as soon as possible.
Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein direct that the building permit of Frances Rhodes for a
mobile home on 2.845 acres front Route 657 in Shawnee District be released; and,
BE IT FURTHER RESOLVED, That the Board does request the Planning Commission
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to study proposed amendments to the Zoning Ordinance in order to prevent situations
of this type recurring in the future.
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.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Thomas B. Rosenberger, seconded by Kenneth Y. Stiles,
and passed unanimously, the Board retired into Executive Session in accordance
with Section 2.1 -344, Subsection (6) of the Code of Virginia, 1950, as amended
to discuss a legal matter.
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BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish,
and passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish
and passed unanimously, the Board reconvened into Regular Session.
FINANCE COMMITTEE RECOMMENDATIONS
Mr. Rosenberger presented the recommendations of the'Finan'ce Committee
and the following action was taken:
APPROPRIATION RESOLUTION RE: WATER AND SEWER SERVICES CROWN AMERICAN
CORPORATION - APPROVED
Mr. Rosenberger announced that the Board had gone into Executive Session
to discuss an appropriate resolution relating to the recently approved rezoning
request of Crown American Corporation. He stated that the resolution would
enable the County to provide services to the proposed shopping mall which would
be of great benefit to the County's tax base. Mr. Renalds then read the proposed
resolution.
Mr. Malcolm stated that he felt this was something the Board knew would be
necessary in order to show our intention to attract this type of development
to the County and he was pleased that the proposed project is to be located in
Shawnee District. He then moved for approval of the resolution as read by
Mr. Renalds. This motion was seconded by Thomas B. Rosenberger.
Dr. Fish stated that he felt some sort of time limit should be set forth
in the resolution to provide for the funds to revert to the County should the
project not materialize. He then moved to amend the resolution to add a time
limit of five (5) years.
This motion was seconded by Kenneth Y. Stiles and passed unanimously.
Therefore, upon motion made by R. Thomas Malcolm, seconded by Thomas B.
Rosenberger and amended by Motion made by Dr. Raymond L. Fish and seconded
by Kenneth Y. Stiles,
BE IT RESOLVED, By the Frederick County Board of Supervisors that the
Board of Supervisors does hereby appropriate $200,000 to the Frederick County
Sanitation Authority for the Route 50 East water and sewer project to
the proposed Crown American Mall and adjoining area, said funds to be invested
by the Frederick County Sanitation Authority until utilized for the project,
the interest from the investmentto be paid to the County of Frederick, Virginia
on the maturity date of the certificates of deposit; and,
BE IT FURTHER RESOLVED, That the Board does direct that in the event the
above project does not materialize within five (5) years, said funds shall be
returned to the County.
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.
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SUPPLEMENTAL APPROPRIATION REPLACEMENT OF JAIL ROOF - APPROVED
Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors'of the County of Frederick,
IVirq•inia, does herein approve a supplemental appropriation in the amount of
$5,500 for funding the replacement of the roof on the Frederick - Winchester Jail,
the City of Winchester to share in this expenditure so that the net cost to the
County will be $2,750.
The above resolution was passed by the following recorded vote: Aye -
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S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
REQUEST TO EXEMPT FROM TAXATION LOT 22, PLAT I, SECTION 7 SHAWNEELAND -
BACK CREEK DISTRICT - TABLED
Mr. Rosenberger moved to exempt from taxation Lot 22, Plat 1, Section 7,
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Shawneeland, Back Creek District from Frederick County real estate taxes
due to the fact that it contains an old family cemetery and cannot be sold as
a lot. This motion was seconded by Dr. Raymond L. Fish.
Following a brief discussion, Mr. Stiles moved to table the above motion.
This motion was seconded by Thomas B. Rosenberger and passed unanimously.
RESOLUTION OF APPRECIATION MR. ERNEST L. NESSELRODT - APPROVED
Upon motion made by Mr. Thomas B. Rosenberger and seconded by Kenneth Y. Stiles,l
WHEREAS, Mr. Ernest L. Nesselrodt was instrumental in providing fire dispatch
service for Frederick County from 1953 through 1965 through the former owners of
Polly's Cab Company; and,
WHEREAS, Mr. Nesselrodt subsequently purchased said business in 1965 and
has continued to provide the county with fire dispatching service; and,
WHEREAS, Mr. Nesselrodt has requested to be relieved of this service effective
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December 31, 1978;
NOW THEREFORE BE IT RESOLVED, That the Frederick County Board of Supervisors,
on behalf of the citizens of Frederick County, does herein express its sincere
and deep appreciation to Mr. Ernest L. Nesselrodt for the many years of valuable
and efficient fire dispatching service he has provided for the County and for the
many hours of personal sacrifice he has contributed toward the safety and well
being of the County citizens.
The above resolution was passed by the following recorded vote: Aye -
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S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
MONTHLY STAFF REPORT
After review, the monthly staff report was accepted.
FREE INSPECTIONS OF WOOD STOVES DURING WEEK OF JANUARY 22, 1979 - APPROVED
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 approve free inspection service of wood stoves and
chimneys during the week of January 22, 1979, by the Frederick County Department
of Inspections.
RESOLUTION ESTABLISHING ELECTRICAL INSPECTION FEES - APPROVED
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein direct that the following electrical inspection fees be
hereby established effective January 1, 1979, for the County of Frederick,
Virgknia:
Electrical Fee Schedule:
Fee Schedule
(other than Residential)
ROUGH WIRING
All switches, lighting, and receptacles to be
counted as outlets $ 17.00
1 to 50 outlets_ 4.00
for each additional 25 Outlets or fraction thereof
FIXTURES
1 to 50 fixtures .17.00
For each additional 25 fixtures or fraction thereof 4.00
Completed installations, where wiring and fixtures are
installed and can be inspected on one visit, apply Rough
Wiring Schedule based on total number of outlets. Other-
wise, apply the fee for each of the above classifications.
HEATING, COOKING EQUIPMENT AND SIMILAR APPLIANCES
Outlet for single unit of 30 K.W or less 12.00
Each additional unit or outlet of 30 K.W or less 1.00
Cable Heat, first unit 12.00
For each additional cable unit 1.00
CENTRAL HEATING DUCT HEATERS, AIR CON-
DITIONING ELECTRIC FURNACES AND WELDERS
Apply Motor Schedule
MOTORS - GENERATORS - TRANSFORMERS
Single unit or group not exceeding 5 motors, whose
total capacity does not exceed:
1 H.P., K.W. or K.V.A. 10.00
1 H.P., to 30 H.P. K.W. or K.V.A each 10.00
over 30 H.P., K.W. or K.V.A. each 12.00
ELECTRIC SIGNS - INCANDENSCENT
Divide the total number of sockets by "4" applying Rough
Wiring - Schedule for each sign.
ELECTRIC DISCHARGE LIGHTING SYSTEMS OVER 1000 VOLTS
Charge to be based on Amp. rating of each sign.
0 to 10 Amp 12.00
Each additional 5 Amp. or fraction thereof 2.00
Charge for each combination incandescent and gas tube
sign to be computed by adding charge for each class.
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* SEE MINIMUM CHARGE *
SERVICE -METER EQUIPMENT AND FEEDERS UP TO 600 VOLTS
Not over
100 Amp
12.00
Over
100 Amp. to 225 Amp
15.00
Over
200 Amp. to 400 Amp
20.00
Over
400 Amp. to 1000 Amp
40.00
Over
1000 Amp
70.00
Over 600 Volts - Add $40.00 per category
On replacement of services exceeding 5 meters
$1.00 for each additional meter.
PRIMARY TRANSFORMERS VAULTS - ENCLOSURES SUB- STATIONS
Not over
200 K.V.A.
30.00
Over
200 to 500 K.V.A
35.00
Over
500 K.V.A.
60.00
NOTE:
Above applies to each bank of transformers.
ELECTRIC SIGNS - INCANDENSCENT
Divide the total number of sockets by "4" applying Rough
Wiring - Schedule for each sign.
ELECTRIC DISCHARGE LIGHTING SYSTEMS OVER 1000 VOLTS
Charge to be based on Amp. rating of each sign.
0 to 10 Amp 12.00
Each additional 5 Amp. or fraction thereof 2.00
Charge for each combination incandescent and gas tube
sign to be computed by adding charge for each class.
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PROTECTIVE SIGNALING SYSTEMS
For the first 15 devices $ 32.00
For each additional 5 devices 2.00
Pneumatic Circuits:
For the first 2 circuits 32.00
For each additional circuit 2.00
RESIDENTIAL FEES
Flat Rate Schedule
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Complete inspection of new or existing electrical installation
in EACH BUILDING not exceeding the listed dwelling occupancy
units or service equipment rating. When applying for rough
wiring and /or final inspection separately, apply "Other Than
Residential" Schedule.
Single Family Dwelling - not over 100 Amp. Service 32.00
1 or 2 Family Dwelling Units - Not over 200 Amp. Service 43.00
Over 2 Apartments - Each Unit 12.00
Plus charge for Service Equpipment
Apply for group rates when five or more dwellings, so
located as to constitute a group operation, can be in-
spected (Rough Wiring and /or Final) on each visit
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TOWN HOUSES -
Each 30.00
ALTERATIONS AND ADDITIONS
7 outlets but not exceeding 40 outlets
(including service) 25.00
M)BILE HOMES
Service Only (Including Feeder or Receptacle 14.00
Each Additional Meter 2.00
Feeder or Power Cord Only
(When Separate Visit is Required) 12.00
Complete inspection including service equipment:
See Residential Schedule
T, DCELETRIC STRENGTH TEST 15.00
SERVICE INSTALLATIONS - APPLIANCES
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When not included in inspection with other equipment:
Pole construction service only
Not over 100 Amp. including 1 to 6 Outlets
1 to 6 Outlets
* Including one (1) appliance
and /or Appliance Outlet
Appliance and /or Appliance Outlet Only
Each Additional Appliance and /or Appliance Outlet
Ch replacement of services exceeding 5 Meters
$1.00 for each additional Meter
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Swimming Pools - Private
Swimming Pools - Commercial
MINIMUM CHARGE
12.00
$ 12.00 -14.00
$ 18.00 -20.00
12.50
2.50
30.00
50.00
12.00
The above resolution was passed by the following recorded
Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish,
Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles.
SECOND ME=ING FOR DECEMBER, 1978 - CANCELLED
The Board agreed to cancel the second meeting for the month of December 1978.
TO CONSTITUTION OF VIRGINIA
The Chairman explained that the proposed amendment to the Virginia
Constitution, Article 8, Section 7 would read that control of the local schools
shall be up to the local achoolboard with the words "except as provided by the
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General Assembly" added. He stated that he felt this would be a very bad
situation and he requested passage of a resolution of opposition to this
amendment so that it might be sent to the General Assembly for consideration.
Mr. Stiles stated that although as an individual he agreed with the
resolution, he did not think it would be appropriate for the Board of Supervisors
to take this action as representatives of the governing body.
There followed a brief discussion regarding whether or not the Board of
Supervisors had the right to speak out on such an issue as representatives
of the governing body.
Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby
oppose the Parham Amendment to the Constitution of Virginia and that copies
of this resolution be sent to the Govenor, Lieutenant Governor, Attorney General
Senator Truban and Delegates Alson Smith and Raymond R. Guest.
The above resolution was passed by the following recorded vote: 'Aye`
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings
and R. Thomas Malcolm. Abstaining - Kenneth Y. Stiles.
FOR REDUCTION OF
Mr. Koontz stated that upon request of Mr. Will L. Owings the possible
reduction of utility taxes was referred to the Finance Committee for study and
recommendation.
Mr. Owings stated that he felt this should be decided as soon as possible
inasmuch as winter is approaching and many people will suffer a hardship through
the payment of these taxes.
Mr. Renalds stated that we are awaiting at this time a report from Potomac
Edison setting forth a summary of the revenues collected from these taxes for
1975, 1976, 1977 and to date this year.
Mr. Owings proposed that a tax of $1.00 for households and $10.00 for
business be levied instead of the current rates.
The Chairman requested the Finance Committee to study this matter quite
carefully and report back to the Board.
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PROPOSED
REFERRED TO FINANCE
PERMITTING
LAND
The Chairman stated that he felt the Board should consider supporting
legislation which would permit localities to control the purchase of land by
aliens.
CIRCUIT CLERKS'S OFFICE AND COUNTY ADMINISTRATION BUILDING TO BE
CLOSED ON -HALF DAY DECEMBER 22, 1978, IN OBSERVA OF CHRISTMAS
Upon 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 direct that the office of the Clerk of the Circuit Court
of Frederick County and the Frederick County Administrative Offices be officially
closed at 12.00 noon on Friday, December 22, 1978, in observance of the
Christmas Holidays.
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The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
and R. Thomas Malcolm. Nay - Kenneth Y. Stiles.
CRITERIA FOR SELECTION OF SCHOOL BOARD MEMBERS DISCUSSED
The Board discussed briefly the proposed criteria for selection of School
Board Members and the Chairman requested the Board members to consider this
matter prior to the January Meeting.
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Mr. Stiles asked whether or not the Library Coordinating Committee and the
ASAP Advisory Committee were meeting and Mr. Koontz advised that the Library
Coordinating Committee had met and would be bringing a recommendation to the
Board. Mr. Malcolm stated that the ASAP Advisory Committee is meeting on a
regular basis and a copy of the minutes of the meetings would be sent to the
Board.
Dr. Fish asked if these reports could be included in the monthly report
and the Board agreed that this could be done.
Dr. Fish asked what progress had been made by the Road Names Committee and
Mr. Pangle, Director of Public Works, stated that as soon as a representative
from Stonewall District is appointed, this Committee will call a meeting.
UPON MOTION DULY MADE, SECONDED, AND PASSED.UNANIMOUSLY, IT IS ORDERED
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THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
, Board o
A Regular Meeting of the Frederick County Board of Supervisors was held on
January 10, 1979 in the Board of Supervisors' Lleeting Room, 9 Court Square,
Winchester, Virginia, 22601.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman;
Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles.
The Chairman called the meeting to order.
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INVOCATION
The invocation was delivered by the Reverend Don Lowry, of the Stephens
City United Methodist Church.
ORGANIZATION OF BOARD
Mr. Koontz, Chairman, reappointed the same standing committees of the Board
as had been appointed last year.
Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm and
' the Board of Supervisors for 1979.
passed unanimously, the Board elected Thomas B. Rosenberger Vice Chairman of
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APPROVAL OF MINUTES
Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings,
BE IT RESOLVED, That theBoard of Supervisors of the County of Frederick,
Virginia does herein approve the minutes of the Regular Meeting of this Board
held on December 13, 1978 as submitted.
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.
CUP #019 -78 - LINWOOD HEIRONIMUS, JR. - STONEWALL DISTRICT - APPROVED
Mr. Berg presented the request for conditional use permit of Linwood
Heironimum to operate a CB and scanner sales business from his home stating that
the Planning Commission recommended aproval of said request.
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 approve Conditional Use Permit No. 019 -78 of Linwood
Heironimus, Jr. for a CB and scanner sales home occupation on Rotue 672 in
Stonewall 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,
R. Thomas Malcolm, and Kenneth Y. Stiles.
CUP #022 -78 - ROUND HILL RURITAN CLUB - BACK CREEK DISTRICT - APPROVED
Mr. Berg presented the request of the Round Hill Ruritan Club for a
conditional use permit to erect two signs and stated that the Planning Commission
recommended approval of this request.
Dr. Fish requested that requests of this nature be studied to determine
whether or not Board action is necessary.
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,
Virginia, does herein approve Conditional Use Permit No. 022 -78 of the Round
Hill Ruritan Club, Inc. to erect two Ruritan Club Emblem signs, one on the east
side of Route 50 West, and one on the west side of Route 50 West on their
property located at the interesection of Routes 50 and 654 in Back Creek 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
R. Thomas Malcolm, and Kenneth Y. Stiles.
CUP #007 -77 - MRS. ADAM MYERS - SHAWNEE DISTRICT - APPROVED
Mr. Berg presented the request for amended conditional use permit of
Mrs. Adam Myers stating that Mrs. Myers is now connected to the Sanitation
Authority water lines and has installed a sprinkler system throughout her home.
He advised that all requirements of the previous permits have been met.
Mr. Berg stated that Mrs. Myers is requesting, that her permit be amended
to include an addition to her home, and removal of the patient limitation so
that she may house six (6) patients as permitted by state license. The Planning
Commission recommended approval.
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Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings,
BE IT RESOLVED, That the Board of Supervisors of theCounty of Frederick,
Virginia, does herein approve the amended Conditional Use Permit No. 007 -77 of
Mrs. Adam Myers on Broad Avenue in Shawnee Magisterial District to include an
addition to her home and to remove the patient limitation so that she may house
six (6) patients as permitted by state license; said permit to be for a period
of one (1) year.
The above resolution was passed by the following recorded vote: Aye -
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S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
CUP #.014 -78 - MARCUS W. REID - STONEWALL DISTRICT - APPROVED
Mr. Berg presented the request for conditional use permit of Marcus W.
Reid and stated that the Planning Commission had recommended a one year approval
lof said permit to assure that there are no traffic or safety problems.
Mr. and Mrs. Reid appeared before the Board in support of their permit.
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JMr. Stiles stated that if a building permit had been issued for a business when
this garage was constructed, a site plan would have been required and the proposed
parking problem would have been addressed.
Mrs. Reid stated that the business was not expected to require a large
parking area inasmuch as both she and her husband work outside their home and
do not expect the proposed antique business to be very large.
Mr. Stiles stated that there had been no objections from the neighbors and
that the site distance on both sides of the driveway to the property is quite
sufficient.
Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger,
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. 014 -78 of Marcus W. Reid,
et ux for an antique shop on Route 672 in Brucetown, Stonewall Magisterial. District,
for a period of one (1) year in order that said operation might be studied to
assure that there are no traffic or safety problems.
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.
ANNUAL RENEWAL OF CONDITIONAL USE PERMITS
Mr. Berg presented the request for annual renewal of conditional use permits
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and stated that he had not received complaints regarding any of the permits and
therefor recommended that they be renewed.
There was a brief discussion regarding the renewal date of January 1st for
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all permits and Mr. Lang Gordon, Chairman of the Planning Commission, stated tht
this method would be more convenient for the citizens and the Board could review
any conditional use permit at any time should a problem arise.
Mr. Rosenberger then moved to grant the Frederick County Fair Association a
five (5) year conditional use permit and this motion was seconded by Kenneth Y.
Stiles. The Board discussed briefly the motion and Mr. Owings stated that should
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a health problem arise the Health Department would have jurisdiction over this
permit, but the Board would have no control should any other problems develop.
Mr. William F. Orndoff appeared before the Board representing the Fair
Association and stated that they would not object to a yearly permit with a
renewal provision. He also advised that they did not anticipate any problems
with the events planned at the fairgrounds.
Mr. Rosenberger then withdrew his motion for a five year permit and Mr.
Stiles withdrew his second to said motion.
Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That theBoard of Supervisors of the County of Frederick,
Virginia, does herein approve the following conditional use permits for a period
of one (1) year (January 1, 1979 through December 31, 1979):
055A Guy Oates (Auto Sales - Route 50)
1 -77 W. S. Frey (Asphalt Plant - Clearbrook)
4 -77 D. Emory Wilson (Garage - Route 652)
9 -77 Margaret Carter (Beauty Shop - Route 628)
2 -78 Lake Holiday Country Club (Sign)
6 -78 Edward and Carol Place (Auction - Route 654)
7 -78 Bernard Cloud (Antique Shop - Route 11)
9 -78 Joseph A. Helsley (Auction House - Route 671)
10 -78 Charles Lizer (Fruit Market. Route 50)
11 -78 Ernestine Hoover (Nonconforming Business - Route 50)
12 -78 Ronald and Denise Smith (Dog Kennel)
13 -78 S. Blaine and Bettie Wilson (Sign)
15 -78 Anton Papierniak (Wine Shop)
17 -78 Frederick County Fair Association (Campground)
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.
- Mr. Stiles stated that as the number of conditional use permits increases
it would be more and more difficult to maintain this review process. He stated
that he felt the Board should address this problem before it develops. The
Chairman requested the Planning Commission to study this suggestion in order
that a recommendation might be made to the Board addressing this potential
problem.
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 cancel the following conditional use permits inasmuch as
they are no longer needed:
2 -77 William Mooney (Home Occupation)
1 -78 Mark Garber (Home Occupation)
057, 3 -77, 10 -77 Frederick County Fair Association
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 #028 -78 - ALLIED FURNITURE HOUSE - STONEWALL DISTRICT - TABLED
Mr. Berg presented Site Plan No. 028 -78 of Allied Furniture House and
stated that the Planning Commission recommended approval of the site plan
as being in compliance with all site plan requirements. He adivsed that the
approval should not apply to the building inasmuch as a final occupancy permit
has not been issued on said building.
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Mr. Carroll Brown, Director of Inspections, appeared before the Board and
Stated that when this permit was issued the former building inspector did not
perform a review and that by today's standards the building would not meet code
requirements; that because of the statute of limitations, he could do nothing
about the situation as it now exists.
There followed a brief discussion regarding the rezoning of the property and
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the change of use of the property and Mr. Brown advised that the permit had been
originally issued for storage only and then the applicant had changed the use to
a furniture store.
Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
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Virginia, does herein table Site Plan No. 028 -78 of V. V. Cutshaw (Allied
Furniture House) until the next meeting of this Board in order that the applicant
might appear before the Board to discuss this request.
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.
PUBLIC HEARINGS:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, ADOPTED
OCTOBER 12, 1976 - REFERRED BACK TO THE PLANNING COMMISSION FOR FURTHER
STUDY AND RECOMMENDATION
Mr. Berg presented the proposed ordinance and advised that Sections 18 24,18 -25,
18 -27, and 18 -73 have previously been adopted and therefore need not be discussed.
The Board discussed at length the three versus five acre lot size requirements.
Mr. Ed Lizer appeared before the Board in opposition to the proposed amendment
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and stated that he ,felt the lot size should be left to the buyer and seller of
property and people did not want this requirement nor the ratio requirement as
set forth in the proposed ordinance. He stated that he would be in favor of the
three acre requirement; that the property in Gainesboro district where he lives
is . very steep and hilly and this 5 acre requirement would place a hardship
on the people inasmuch as grade requirements would be difficult and sometimes
impossible to meet in this area.
Mr. Berg advised that the grade requirements for large lot subdivisions.
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above five acres had been eliminated; that right -of -way, drainage and the one
to three ratio is required.
There was a brief discussion regarding the amount of change the Board could
make in the ordinance without readvertisement and Mr. Ambrogi advised that minor
changes could be made but major changes would require readver.tisement.
Mr. John Pickeral appeared before the Board in support of the proposed five
acre requirement and stated that this regulation had been developed to prevent
strip development in the County and to provide lots large enough for country
living.
' II Mr. R. M. Larrick appeared before the Board and stated that many people
who purchase land in the country do not want state maintained roads and that in
many cases, water and sewer services ar not practical.
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Mr. Sam Lehman appeared before the Board and stated that he felt ten acres
was too large and that he would favor the five acre requirement. He advised
uses than that which ten acres would provide for a dwelling.
that in many instances, the County has required a lot less buffer for other
The Board recessed for ten minutes.
Mr. Koontz referred the proposed ordinance back to the Planning Commission
with the request that the three versus five acre minimum large lot requirement
be studied again in order that a recommendation might be made to the Board.
Mr. Gordon advised that the Planning Commission would study this matter
again.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE OF 1976, CHAPTER 6,
ARTICLE I ADOPTED JULY 12, 1978, TO ENACT AN ELECTRICAL FEE SCHEDULE
- THTRn AND FINAL READING -
Mr. Carroll R. Brown, Director of Inspections, appeared before the Board
and stated that the proposed ordinance amendment had not been changed since
the 1st and 2nd reading and that it would reduce by 198 the schedule formerly
charged by the Middle Department.
There was no opposition.
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 approve, on third and final reading the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE OF 1976, CHAPTER 6,
ARTICLE I ADOPTED JULY 12, 1978, TO ENACT AN ELECTRICAL FEE SCHEDULE
SECTION I
Be it ordained by the Board of Supervisors of the County of Frederick,
Virginia that Section 6 -3 be repealed and re- enacted to read as follows:
(A) No permits as required by the Virginia Uniform Statewide Building Code,
as amended and supplemented, shall be issued until the fees prescribed
by this section shall have been paid,nor shall an amendment to a permit
be approved until the additional fee, if any, shall have been paid.
(B) The permit fee schedule for inspections of buildings or structures
(whether new, remodeled, or added to) shall be as follows:
(1) One and two family dwellings, townhouses,
vacation shells, apartment and additions
(2) Pre - fabricated homes with third party
inspection seal (+ Foundation Cost)
(3) Foundations (per building)
(4) Restaurants, motels, hotels
(5) Commercial and Industrial
(6) Warehouses
(7) Accessory Building
(8) Demolition
(9) Swimming Pools (Commercial)
(10) Swimming Pools (Private)
(11) Garages & Carports
(12) Decks and porch additions
(13) Remodeling
(14) Re- roofing
(15) Re- siding
(16) Shelters
(17) Retaining Walls
(18) Signs
(19) Billboards
(20) Carnivals & Circuses (sponsored non - profit)
(21) Carnivals & Circuses (Commercial)
(22) Underground tanks
(23) Aboveground tanks
(24) Radio towers and like structures
(25) Fire inspections (requested)
(26) Special inspections (Requested)
(27) Churches, schools, etc.
(28) Use & Occupancy (Commercial)
.06 per sq. ft.
$ 50.00
10.00
.10
per
sq.
ft.
.10
per
sq.
ft.
.10
per
sq.
ft.
10.00
7.50
30.00
15.00
10.00
10.00
.06
per
sq.
ft.
10.00
10.00
10.00
10.00
10.00
15.00
No Fee
75.00
10.00
15.00
15.00
25.00
25.00
.06
per
sq.
ft.
10.00
•
•
•
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(29) Temporary occupancy (Residential) 5.00
(30) Renewal of permit (1st year N/C 2nd Year) 10.00
(31) Refunds - A) No work started .758
- B) Work Started .508
(32) Additional inspections due to delay, or not being ready 10.00
(33) Farm buildings No Fee
(34) Fireplaces and stoves 10.00
(35) Minimum fee 10.00
(36) No fee 'shall be charged for construction
cost less than $500.00 including labor
and materials unless listed in the fee schedule
(C) The fee for a building permit for the removal of a building or structure
from one lot to another or to a new location on the same lot shall be at a
rate of 40 cents per one hundred doallars of the estimated cost of moving
plus the cost of new foundations and all work necessary to place the building
or structure in its completed condition in the new location.
(D) The fee for a mobile home permit shall be 35.00
(E) The term "Estimated" as used in this Section, means the
reasonable value of all services, labor and materials
necessary for the proposed work.
(F) The permit fee schedule for plumbing inspections shall be
as follows:
(1)
Base plumbing permit
10.00
plus $3.00 per fixture
Private property storm sewer
(2)
Renewal of building sewer without other
(2)
Laterals
changes to the existing system
5.00
(3)
Pre- Fabricated homes with third party inspection seal
20.00
(4)
Installation of air conditioning requiring water
Outside leader
5.00
connections
5.00
(5)
Water supply to hearting system
3.50
(6)
Well pumps
2.00 each
(7)
New water and sewer line
5.00
(8)
Each additional inspection due to delay in work,
as follows:
improper material, etc.
10.00
(G) The permit fee schedule for storm sewer inspections shall
(1) Central heating, furnace or boiler:
Residential 5.00
Commercial, First 100,000 B.T.0 10.00
Each additiona1100,000 B.T.0 5.00
Maximum Fee 120.00
(2) Central Air conditioning, Refrigeration and
Refrigeration cycle of air conditioning systems:
Residential, per unit 5.00
Commercial, first 5 tons 10.00
Each additional ton 5.00
Maximum fee 120.00
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(3)
be as follows:
(1)
Private property storm sewer
3.00
each
(2)
Laterals
5.00
each
(3)
Roof - drains
5.00
each
(4)
Outside leader
5.00
each
(5)
Manhole
5.00
each
(6)
Area drain
5.00
each
(H) The
permit fee for mechanical inpsections shall be
as follows:
(1) Central heating, furnace or boiler:
Residential 5.00
Commercial, First 100,000 B.T.0 10.00
Each additiona1100,000 B.T.0 5.00
Maximum Fee 120.00
(2) Central Air conditioning, Refrigeration and
Refrigeration cycle of air conditioning systems:
Residential, per unit 5.00
Commercial, first 5 tons 10.00
Each additional ton 5.00
Maximum fee 120.00
•
(3)
Each fire damper or subduct in ventilation exhaust
or duct system
1.00
(4)
Incinerators, per 100 lbs per hour burning rate
10.00
(5)
Commercial hoods and fans
20.00 each
(6)
Elevators '
30.00
(7)
Escalator (per floor)
8.00
(8)
Automatic sprinkler systems
20.00
(9)
Unfired pressure vessels
20.00 each
(10)
Fire hydrants
5.00
(11)
Water softner
10.00
(I)'Electrical Fee Schedule:
Fee Schedule
(Other than Residential)
ROUGH WIRING
All switches, lighting, and receptacles to be counted as
outlets
1 to 50 Outlets 17.00
For each additional 25 Outlets or fraction thereof 4.00
W
FIXTURES
1 to 50 fixtures
for each additional 25 fixtures or fraction thereof
Completed installations, where wiring and fixtures are
installed and can be inspected on one visit, apply Rough
Wiring Schedule based on total number of outlets. Otherwise,
apply the fee for each of the above classifications.
HEATING, COOKING EQUIPMENT AND SIMILAR APPLIANCES
Outlet for single unit of 30 K.W. or less
Each additional unit or outlet of 30 K.W. or less
Cable Heat, first unit
For each additional cable unit
CENTRAL HEATING DUCT HEATERS, AIR CONDITIONING
ELECTRIC FURNACES AND WELDERS
Apply Motor Schedule
MOTORS, GENERATORS, TRANSFORMERS
Single unit or group not exceeding 5 motors, whose.total
capacity does not exceed
1 H.P., K.W. or K.V.A.
1 H.P., to 20 H.P., K.W. or K.V.A. each
over 30 H.P., K.W. or K.V.A. each
* SEE MINIMUM CHARGE *
SERVICE METER EQUIPMENT & FEEDERS UP TO 600 VOLTS
Not over 100 Amp
Over 100 Amp to 225 Amp
Over 200 Amp to 400 Amp
Over 400 Amp to 1000 Amp
Over 1000 Amp
Over 600 Volts - add $40.00 per category
On replacement of services exceeding 5 meters
- $1.00 for each additional meter.
PRIMARY TRANSFORMERS VALUTS, ENCLOSURES, SUB- STATIONS
Not over 200 K.V.A.
Over 200 to 500 K.V.A.
Over 500 K.V.A.
NOTE: Above applies to each bank of transformers.
ELECTRIC SIGNS - INCANDESCENT
Divide the total number of sockets by "4" applying
Rough Wiring - Schedule for each sign.
ELECTRIC DISCHARGE LIGHTING SYSTEMS OVER 1000 VOLTS
Charge to be based on Amp rating of each sign
0 to 10 Amp
Each additional 5 Amp or fraction thereof charge for
each combination incandescent and gas tube sign to be
computed by adding charge for each class.'
PROTECTIVE SIGNALING SYSTEMS
For the first 15 devices
For each additional 5 devices
Pneumatic Circuits:
For the first 2 Circuits
For each additional circuit
RESIDENTIAL FEES
Flat Rate Schedule
Complete inspection of new or existing electrical installation
in EACH BUILDING not exceeding the listed dwelling occupancy
units or service equipment rating. When applying for rough
wiring and /or final inspection separately, apply "Other Than
Residential" schedule.
Single Family Dwelling - Not over 100 Amp service
1 or 2 Family Dwelling Units - Not over 200 Amp Service
Over 2 Apartments - Each Unit
Plus Charge for Service Equipment
Apply for group rates when five or more dwellings, so
located as to constitute a group operation, can be
inspected (Rough Wiring and /or Final) on each visit.
17.00
12.00
1.00
12.00
1.00
10.00
10.00
12.00
12.00
15.00
20.00
40.00
70.00
30.00
35.00
60.00
12.00
2.00
32.00
2.00
32.00
2.00
32.00
43.00
12.00
is
•
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TOWN HOUSES
Each 30.00
MINOR ALTERATIONS AND ADDITIONS
7 Outlets but not exceeding 40 Outlets 25.00
(Including Service)
MOBILE HOMES
is
Service Only (Including Feeder or Receptacle) 14.00
Each additional meter 2.00
Feeder or Power Cord only (When Seperate visit is required) 12.00
Complete inspections including service equipment:
See Residential Schedule
Dieletric Strength Test 15.00
SERVICE INSTALLATIONS, APPLICANCES
When not included in inspection with other equipment
•
Pole Cosntruction Service Only
Not over 100 Amp including 1 to 6 outlets
1 to 6 outlets
* Including one (1) appliance
and /or Appliance Outlet
Appliance and /or Appliance OUtlet Only
Each additional appliance and /or Appliance Outlet
On replacement of services exceeding 5 meters -
$1.00 for each additional meter
Swimming Pools - Private
Swimming Pools - Commercial
MINIMUM CHARGE
SECTION 2. Saving Clause
12.50
2.00
30.00
50.00
12.00
Nothing in this ordinance shall be construied to affect any suit or
proceedings now pending in any Court, or any rights acquired, or liability
incurred, nor any cause or causes of action accrued or existing under any
act or ordinance repealed hereby. Nor shall any right or remedy of any
character be lost, impaired or affected by this ordinance.
SECTION 3. Validity
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Should any section of this ordinance be decided to be invalid, or,
unconstitutional, such decision shall not affect the validity or
constitutionality of any other section of this ordinance.
SECTION 4. Effective Date
This ordinance shall be in full force and effect on January 1, 1979.
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.
REQUEST FOR SECONDARY ROAD ADDITION - BROOKNEILL SUBDIVISION
BACK CREEK')DISTRICT - APPROVED
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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 Frederick,
Virginia, does herein request the Virginia Department of Highways and Transportation
to accept into the Secondary Road System the following road in Brookneill Sub-
division, Section I, Back Creek Magisterial District, pursuant to the provisions
of Section 33.1 -229 of the Code of Virginia 1950, as amended:
BROOKNEILL DRIVE, beginning at Virginia Secondary
Route No. 621 and continuing from there a distance
of approximately .41 mile (2195.56 ft.) and ending
at a cul -de -sac adjacent to the Opequon Creek
12.00
12.00 - -14.00
18.00 - -20.00
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BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth
of Virginia an unrestricted right -of -way of sixty (60) feet with necessary
easements for cuts, fills and drainage recorded in Deed Book 468, Page 224,
dated July 30, 1976.
BE IT FURTHER RESOLVED, That this request is contingent upon the posting
of a proper and acceptable bond with the Virginia Department of Highways.
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.
COMMITTEE RECOMMENDATIONS:
RECOMMENDATIONS FROM COMMITTEE ON LAW ENFORCEMENT AND COURTS
Dr. Fish presented the recommendations from the Committee on Law Enforcement
and Courts and the following action was taken:
ASAP
FOR
P - DENIED
M
Dr. Fish stated that the Law Enforcement and Courts Committee recommended
measures of VASAP inasmuch as they did not feel it would be cost effective.
denial of the proposed ASAP grant for public information and education counter-
Rick Miller appeared before the Board in support of the ASAP grant
application request and explained the purpose of the program to be financed
through said grant and the services it would provide. He stated that the grant
application was submitted to the ASAP Advisory Board and approved by Said Board
and is also supported by the Judge of the General District Court, the Sheriff
and Police Chief.
Mr. Malcolm advised that the Advisory Board in approving the grant
application, approved it for one year with the stipulation that this approval
did not mean the program would be picked up under another funding category.
He added that the money is available under federal funds.
There followed a brief discussion regarding the use of excess ASAP funds
and the process of evaluation of the program should the grant be approved.
Mr. Miller advised that an opinion will be forthcoming from the Attorney
General regarding the use of excess funds and that the program, should the
grant be approved, would be evaluated at the end of the first year not only
by the Advisory Board but by the State Department of Transportation.
Mr. Stiles stated that he questioned whether or not public information
people should be employed at the local government level. He further stated
that he did not feel this position was necessary inasmuch as all purposes set
forth in the application could be accomplished by people already employed by
the school system, or the police or government agencies.
There followed a brief discussion regarding Board support of committees
appointed by them to study specific areas.
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 Frederick,
Virginia, does herein deny the request for grant application by the Division
of Court Services for public information and education countermeasures of VASAP
as recommended by the Committee on Law Enforcement and Courts.
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The above resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Dr. Raymond L. Fish, Kenneth Y. Stiles, and S. Roger Koontz.
Nay - R. Thomas Malcolm and Will L. Owings.
911 EMERGENCY TELEPHONE SERVICE - C & P TELEPHONE COMPANY PROPOSAL - APPROVED
Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of thecCounty of Frederick,
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Virginia does herein approve the C & P Telephone Company's proposal for "911"
Emergency Telephone Service in Frederick County.and Winchester with a lump sum
payment and that the County Administrator is hereby authorized to execute the
necessary letter along with the Winchester City Manager authorizing C & P
to proceed with the understanding that C & P will require 18 months to completely
implement the system so no appropriation will be required in the current budget.
The above resolution was passed by the following recorded vote: Aye -
I
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S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
RECOMMENDATIONS FROM THE COMMITTEE ON ENGINEERING & CODE ENFORCEMENT
Mr. Malcolm presented the recommendations from the Committee on Engineering
and Code Enforcement and the following action was taken:
SALE OF 4 IN 1 LOADER BUCKET - APPROVED
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the sale of the 4 in 1 Loader Bucket at the
Frederick County Landfill for the sum of $2,400 to Piedmont Building Corporation
inasmuch as said Loader Bucket is not suitable for the County's use and is
surplus property.
The above resolution was passed by the following recorded vote: Aye -
•
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S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings
R. Thomas Malcolm, and Kenneth Y. Stiles.
LITTER CONTROL GRANT APPLICATION - APPROVED
I
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 approve the application for a grant under the Virginia
Litter Control Act (Chapter 19, Title 10, Code of Virginia) in the amount of
$3,921.00 and does hereby authorize the Chairman of the Board of Supervisors
to execute said application on behalf of the County.
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.
FINANCE COMMITTEE RECOMMENDATIONS
Dr. Fish presented the recommendations from the Finance Committee and the
following actionr' was taken:
COMPENSATION OF MEMBE OF B
REASSESSMEN4
fop"
SESSORS FOR 1980 -1981
Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger,
2.6
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein set the compensation for members of the Board of Assessors
for the 1980 -1981 reassessment at $50.00 per day.
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.
SUPPLEMENTAL
ION OP$3,550 FOR S
D & FIRING RANGE -
AT DOG POUND
Mr. Stanley Pangle, Public Works Director, appeared before the Board
and explained the proposed security program and the new operating hours at the
dog kennel. There followed a brief discussion regarding the number of hours
per day the kennel would be open to the public and the duties of the security
guard who would reside on the premises. Mr. Pangle stated that the operation
of the kennel would remain as it is except for an additional 9 hours kennel
opening per week to be covered by both the Assistant. Animal Control Officer and
the resident security guard.
Dr. Fish advised that the new operating procedure is also designed to help
prevent vandalism on the premises and that a trial period would be necessary
in order to determine the effectiveness of the program.
Mr. Stiles stated that he felt the Assistant Dog Warden should have
sufficient time to spend at the kennel inasmuch as he did not feel writing
tickets for dog tag violations was a full time job.
Mr. Stiles then moved to strike $700 from the proposed approriation for
a part -time security man and to direct Mr. Whitacre, the Animal Control Officer,
to have the Assistant Animal Control Officer available at the kennel up to 14
hours per week, including some time on Saturday. This motion died for lack
of a second.
Mr. Koontz stated that he did not feel the proposed plan addressed the
problems being encountered at the dog kennel as he understood them.
Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein approve a supplemental appropriation of $3,550.00 for
security at the dog pound, the vehicle containment yard, and the firing range
as recommended by the County Finance Committee.
The above resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm
and Kenneth Y. Stiles. Nay - S. Roger Koontz.
PURCHASE OF PARCEL OF LAND FROM SHAWNEE LAND FOR RADIO TRANSMITTER - APPROVED
f)
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 Frederick,
Virginia does herein approve the purchase of a parcel of land from Shawnee Land
on Great North Mountain for relocation of the Sheriff's and Public Works radio
transmitters to provide better in- County as well as out -of- County communications
coverage; and,
BE IT FURTHER RESOLVED, That the purchase price of $7,500 be applied
to the delinquent taxes, interest or penalties owed Frederick County by Shawnee
L�
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Land; and,
27
BE IT FURTHER RESOLVED, That the-Commonwealth Attorney is hereby directed
to certify, in writing, to the Treasurer of Frederick County, that the deed to
the abovementioned property has been duly transferred to the County of Frederick
and duly recorded. It is further requested that Mr. Donald R. Lambrone indicate
to the Treasurer, in writing, which parcels of land owned by him are to have
payments in the amount of $7,500 credited toward payment of delinquent taxes; and,
BE IT FURTHER RESOLVED, That the Commonwealth's Attorney, shall credit the
•
amount of $7,500 toward delinquent real estate taxes owed by Mr. Donald R. Lamborne;
and,
BE IT FURTHER RESOLVED, That a supplemental appropriation to the General
Operating Fund is hereby approved in the amount of $7,500.
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
Nay - Kenneth Y. Stiles.
OTHER BUSINESS:
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•
Reduction of Utility Taxes Discussed - Mr. Owings asked if any consideration
had been given to his request for a reduction in the County utility taxes and
Dr. Fish stated that this request is still under study and it would take some
time to determine what the projections would be should this reduction be approved.
Exoneration of Taxes on Cemetary Lot in Shawneeland to Remain Tabled
The Board agreed to keep the request for exoneration of taxes on a cemetary
lot in Shawneeland tabled for further study.
Road Names Committee Appointment - Mr. Renalds stated that an appointment
from Stonewall District was needed for the Road Names Committee in the near future.
Meeting with School Board Tentatively Scheduled - Mr. Renalds stated that
•
a joint meeting with the Frederick County Board of Education had been scheduled
for the first meeting in February, (February 14, 1979) to discuss the new high
school.
Meeting With Industrial Development Authority Tentatively Scheduled - Mr.
J
Renalds stated that a joint meeting with the Industrial Development Authority has
been tentatively scheduled for the second meeting in February (February 28, 1979)
RECOMMENDATION1
Following a brief discussion, the Board referred the proposed Grievance
Procedure to the Commonwealth Attorney for study and recommendation to the Board
of Supervisors.
ORDINANCE - FIRST AND SECOND READING
Mr. Berg read the following ordinance on first and second reading:
ZMAP #001 -79 OF ARTHUR H.
VIRGINIA, REQUESTING THAT
THE INTERSECTION OF ROUTE
DISTRICT (A -2), BE REZONED
PROPERTIES ARE DESIGNATED
86(A)194 AND 86(A)195 AND
& DOROTHY H. FULTON, BOX 86, STEPHENS CITY,
26.816 ACRES, AT THE SOUTHEAST CORNER OF
3 277 AND 636 NOW ZONED AGRICULTURAL - GENERAL
INDUSTRIAL - GENERAL DISTRICT (M -2). THESE
AS PROPERTY IDENTIFICATION NUMBERS 86(A)193,
ARE IN THE OPEQUON MAGISTERIAL DISTRICT.
MONTHLY STAFF REPORT - ACCEPTED
After review, the Monthly Staff Report was accepted.
APPLICANTS TO BE NOTIFIED OF HEARINGS ON CONDITIONAL USE PERMITS,
SITE PLANS, SUBDIVISIONS, ETC.
• K
Following a request by Mr. Stiles, the Broard directed that applicants
be notified of the meeting date and time when their applications for site
plan approval, conditional use permits, subdivision requests, etc. will be
heard by the Board.
DISTRUBANCE PR OBLEM REFERRED TO COMMITTEE ON LAW
5071
Mr. Owings stated that he had received several complaints regarding
mini bikes in subdivisions. He requested that this matter be referred to the
Committee on Law Enforcement and Courts for consideration and recommendation-.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Thomas B. Rosenberger, seconded by Kenneth Y. Stiles
and passed unanimously, the Board retired into Executive Session in accordance
with Section 2.1 -344 of the Code of Virginia, 1950 as amended, Subsection (1)
to discuss personnel matters.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger
and passed unanimously, the Board withdrew from Exeuctive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and
passed unanimously, the Board reconvened into Regular Session.
ION -
Y, III AS
JNTY DIRECTOR
Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles,
BE IT RESOLVED, by the Frederick County Board of Supervisors, does hereby
approve the appointment of Mr. Needham S. Cheely, III as Parks and Recreation
Director for Frederick County, Virginia, in accordance with the recommendations
of the Parks and Recreation Commission and the County'Administrator'V at a salary
of $16,365 per year.
APPOINTMENT OF NEEDH
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.
UPON MOTION MADE, SECONDED, AND PASSED UNANIMOUSLY, THE MEETING WAS
ADJOURNED UNTIL FEBRUARY 5, 1979 AT 7:30 P.M. IN THE WINCHESTER CITY COUNCIL
CHAMBERS.
q �>6retay, Board of Supervi
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