April 04, 1979 to May 23, 1979M
An Adjourned Meeting of the Frederick County Board of Supervisors was held
on April 4, 1979, in theBoard of Supervisors' Meeting Room, 9 Court Square,
Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice - Chairman;
Dr. Raymond L. Fish; Will L. Owings, R. Thomas Malcolm; and Kenneth Y. Stiles.
CORRECTION TO MINUTES OF MARCH 21, 1979 - 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 approve the corrections to the following two paragraphs
as set forth on Page 2 of the minutes of March 21, 1979:
Mr. Tom Sine, Transportation Supervisors, appeared and
requested approval to place an order for 6 school buses. He
stated that 4 of the buses would be replacements and 2 would
be additional buses. Mr. Sine advised that the cost of the
4 replacement buses would be $14,888 each if the state approves
the purchase, and the cost of the new buses would be $15,106 each;
further that should the state not approve the purchase of the 4
replacement buses at the above cost, all six buses would be
$15,106 each.
Upon motion made by Will L. Owings and seconded by
Kenneth Y. Stiles.
BE IT RESOLVED, That the Board of Supervisors of the
County of Frederick, Virginia, does herein approve the request
of the School Board to place an order for six (6) school buses
(4 replacement buses at the cost of $14,888 each if the state
approves said purchase, and 2 new buses at a cost of $15,106 each)
with the understanding that should the state not approve the
purchase of the above replacement buses at $14,888 all 6 buses
will cost $15,106 each.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Kontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
DISTRIBUTION OF SECONDARY ROADS BUDGET
Distribution of the proposed Secondary Roads Budget for fiscal year 1979 -1980
was made to the members of the Board of Supervisors for consideration at a
public hearing to be held by the Board on April 11, 1979.
RESOLUTION OF HONOR TO RUSS POTTS - APPROVED
Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm, and
passed unanimously, the following resolution of honor was approved:
WHEREAS, Mr. H. Russell Potts Jr. was recently the recipient of the Big D
(Award given annually to,the outstanding sports figure in the Dallas, Texas area
lby the Dallas All Sports Association; and,
WHEREAS, Russ is a native of Winchester- Frederick County community who has
(continually achieved success which has made this community proud;
NOW, THEREFORE BE IT RESOLVED, That the.Frederick County Board of Supervisors
does hereby congratulate Russ on his success and his recent honor given him in
JDallas; and,
BE IT FURTHER RESOLVED, That this Community hereby recognizes that Russ Potts is
11 deserving of this award and that we wish him continued success in his out-
standing career.
OPEQUON COMMITTEE APPOINTED
Upon motion made by Kenneth Y. Stiles 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 appoint the following individuals to serve on the " Opequon
Committee" and.does request the committee to identify and address the problems of
the Opequon Creek in general and especially the problems of odor and mosquitoes.
The committee is requested to suggest possible directions, remedies, and guidance
for the governing body of Frederick County to consider in order to alleviate the
problems associated with this stream; and,
BE IT FURTHER RESOLVED, That Dr. Harold McMullen is herein designated Chairman
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{of the Committee.
The above resolution was passed by the following recorded Aye -
IS. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
JR. Thomas Malcolm, and Kenneth Y. Stiles.
PRESENTATION ON PROPOSED 4 -H CENTER
Mr. Thomas Byrd appeared before the Board and made a presentation regarding
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the Northern Virginia 4 -H Educational Center to be located in the. -Front Royal
area. Mr. Byrd stated that funding for the project would come from three primary
sources; contributions, fees and Federal government grant money and that the
funding goal for Winchester and Frederick County is $225,000. He noted that the
area is broken down into five sections with Ken Stiles and Bob Carpenter as
leaders for the effort in this area.
Extension Agent, Gary DeOms advised that there are 300 4 -H members in Fred-
lerick County and Mr. Stiles stated that the facility is needed in this area.
Mr. Koontz asked about the current financial status of the project and Mr.
Byrd replied that the financing procedure is going smoothly but the project
financing is falling somewhat behind schedule; that $500,000 is needed to complete
the first phase.
The Board recessed for ten minutes.
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BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish and
passed unanimously, the Board retired into Executive Session in accordance with
Section 2.1 -344 Subsection (a) (1) of the Code of Virginia, as amended to discuss
personnel.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and
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passed unanimously the Board withdrew from Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings, and
passed unanimously, the Board reconvened into Regular Session.
FOUR CETA POSITIONS - ELIMINATED - FOUR CETA POSITIONS PICKED UP
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 following four (4) CETA Positions be eliminated
when current CETA funding for said positions expires:
1.
Two
(2)
positions in the Sheriff's Department
2.
One
(1)
clerk typist position in the Public Works Department
3.
One
(1)
laborer position in the Parks and Recreation Department
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royal
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 noted that the school budget is included in the total amount of
the proposed budget and that the school budget had been cut $300,000 rather than
$350,000.
$49,350 REINSTATED FOR LIBRARY FUNDING
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 direct that $49,350 be reinstated in the proposed budget
for fiscal year 1979 -1980 for funding for the Handley Library.
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.
10.000 ADDED FOR FUNDS FOR 4 -H CENTER
Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein direct that $10,000 be added to the proposed budget for
fiscal year 1979 -1980 for the 4 -H Educational - Center to.be constructed in the
Front Royal Area.
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.
$900 REINSTATED FOR CHAPTER 10 BOARD FUNDING
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 direct that $900 be reinstated to the Chapter 10 Board
Budget for fiscal year 1979 -1980.
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.
$1,800 REINSTATED FOR HEALTH DEAPARTMENT FUNDING
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 direct that•$1,800 be reinstated.to the Health Department
t for fiscal year 1979 -1980.
The above resolution was passed by the following recorded vote: Aye -
Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
3,100 REINSTATED TO ASAP BUDGET
Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That theBoard of Supervisors of the County of Frederick,
rginia, does herein direct that $3,100 be reinstated to the ASAP budget for
fiscal year 1979 -1980.
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The above resolution was passed by the following recorded vote: Aye -
IS. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
JR. Thomas Malcolm, and Kenneth Y. Stiles.
ADDITIONAL $1,000 SALARY INCREASE FOR COUNTY ADMINISTRATOR - APP
Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
rginia, does herein approve an additional $1,000 for the salary of the County
istrator for fiscal year 1979 71980.
The above resolution was passed by the following recorded vote: Aye -
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. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
. Thomas Malcolm, and Kenneth Y. Stiles.
$1,260 FOR ADDITIONAL MEETING EXPENSES FOR PLANNING COMMISSION - APPROVED
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,
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rginia, does herein direct that $1,260 be added to the budget for fiscal year
1979 -1980 for additional meeting expenses for the planning Commission.
The above resolution was passed by the following recorded vote: Aye -
Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
Thomas Malcolm and Kenneth Y. Stiles.
$10,000 APPROVED FOR RESCUE SQUAD BUILDING FUND
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,
ginia, does herein approve funding in the amount of $10,000 for the Rescue
quad Building Fund for this fiscal year 1979 -1980.
The above resolution was passed by the following recorded vote: Aye -
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Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings;
Thomas Malcolm, and Kenneth Y. Stiles.
$2,000 APPROVED FOR ADDITION TO BOARD SALARIES ACCOUNT
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,
Virginia, does herein direct that $2,000 be added to the Board Salaries Account
fund salaries of Board members at the following rate: $2,500 per year for Board
mbers, and $2,800 per year for the Chairman of the Board.
The Above resolution was passed by the following recorded vote: Aye -
omas B. Rosenberger, Dr. Raymond L. Fish and S. Roger Koontz. Nay - Will L.
ings. Abstaining - R. Thomas Malcolm and Kenneth Y. Stiles.
$12,844 ALLOCATED TO RESERVE FOR CONTINGENCIES
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,
rginia, does herein direct that remaining funds in the amount of $12,844 be
located to reserve for contingencies.
The above resolution was passed by the following recorded vote: Aye -
Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
Thomas Malcolm, and Kenneth Y. Stiles.
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PROPOSED REAL ESTATE & PERSONAL PROPERTY TAX RATES AND BUDGET TO
BE ADVERTISED FOR PUBLIC HEARING MAY 9, 1979
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 direct that the proposed budgetfor fiscal year 1979 -1980
including a real estate tax rate of $2.60 per $100 of assessed valuation and a
personal property tax rate of $4.00 per $100 of assessed valuation be advertised
for Public Hearing on May 9, 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.
Mr. Stiles noted the way the budget had been prepared and reviewed this year
and stated that he felt it was well done and he hoped this method would continue.
Mr. Rosenberger commended the County Administrator and Finance Director
for the preparation of the budget this year.
Mr. Stiles stated that he felt the percentage increase on salaries should
be looked at in future years by the Finance Committee in order that they might
recommend a top limit on salary increases or a sliding percentage scale.
Mr. Rosenberger suggested that pension plans and incentive pay should
also be looked at.
OTHER BUSINESS
Mr. Koontz noted complaints he had received in regard to disapprovals on
drainfield request.
UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED
THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
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cretary, Board of Supervisors
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A Regular Meeting of the Frederick County Board of Supervisors, was held on
April 11, 1979, in the Board of Supervisors' Meeting Room, 9 Court Square,
Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman;
Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles.
INVOCATION
The invocation was delivered by the Reverend Arnold Vaught of the Winchester
Centre Friends.
The Chairman called the meeting to order.
APPROVAL OF MINUTES
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the minutes of the Regular Meeting of this Board
held on March 28, 1979, as submitted.
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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,
R. Thomas Malcolm, and Kenneth Y. Stiles.
QUARTERLY MEETING WITH THE FREDERICK COUNTY SANITATION AUTHORITY
Mr. James Diehl, Chairman of the Frederick County Sanitation Authority,
and Mr. W. H. Jones, Engineer- Director of the Authority, appeared before the
Board and presented a report regarding water and sewer projects in the County.
He stated that there is a proposed rate increase for the Stephens Run area and a
public hearing on said increase will be held on June 18, 1979.
Mr. Jones advised that should power be lost, the storage tank planned for
the Sunnyside area and the upgrade of the tank at Clearbrook, will enable the
Authority to provide water during the power loss.
Mr. Diehl stated that in order to get grant money through FHA to construct
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sewerage facilities, there has to be a regional concept and the Sanitation
Authority was given a permit for an interim plant. He stated that the problem
with the Abrams / Opequon creeks is being caused by the Winchester Sewage Treatment
Plant dumping discharge above the standards set for the streams. He advised that
the County plant is operating efficiently and is capable of taking care of the
County's needs whereby the City is in the process of trying to correct a severe
infiltration problem and therefore is not operating as it should. Mr. Diehl stated
that if the City's infiltration problem can be corrected, it will provide them
with 1/5 more capacity in their plant. He further stated that if the industries
were required to pretreat their waste to domestic levels as is proposed in the
Regional Authority's Facilities Plan, this would greatly relieve their problems.
Mr. Diehl suggested that when the City has completed all their repairs to
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their plant, he would like to see the Board of Supervisors petition the State
Water Control Board to delay the regional plant in order to determine whether
or not the stream can recover to its original status.
Mr. Renalds stated that he felt the Board should wait until the results of
the Step I, Facilities Plan for the Regional Authority are available setting
forth the alternatives to be considered by the governing bodies regarding regional
sewage treatment.
Mr. Jones advised that the Facilities Plan would be completed by the middle
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of August inasmuch as it had to be submitted before October 1st in order to
qualify for the 1980 funding. He stated that a draft copy would be given to the
governing ..bodies before the date for their study and consideration.
Mr. Jones discussed the possible consequences should the County refuse to
participate in a regional plant if so directed by the Federal government and
Mr. Koontz stated that he felt this would be a legal matter if the County plant
is operating efficiently and is not polluting the stream.
Mr. Diehl stated that the State Water Control Board has repeatedly refused
to provide information regarding their procedures in determining stream standards
even though the Authority's engineers do not agree with their determination of
said standards. Following a brief discussion, the Board directed the recently
appointed Opequon Committee to attempt to obtain this information from the State
Water Control Board during the course of their deliberation regarding-the
condition of Abrams / Opequon Creeks.
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Mr. Koontz stated that he felt the County plant was capable of serving our
needs for many years to come and that the Board should withhold any decision until
such time as the Facilities Plan is completed for the Regional Authority and
presented.for consideration of the governing bodies. The Board concurred.
PUBLIC HEARINGS
PROJECT PRIORITY LIST FOR SECONDARY ROADS
- PRIORITY LIST
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Mr. John Chiles, Resident Engineer for the Virginia Department of Highways
and Transportation, appeared before theBoard and introduced Mr. R. C. King,
Assistant Resident Engineer, Mr. Jerry Copp, Maintenance Supervisor, and Ms.
Mary Ann Fadely, Secretary.
Mr. Chiles stated that the tentative allocation for road construction in
Frederick County for 1979 -1980 is approximately $983,288 and that the cost of
many of the projects has been upgraded because of inflation. He then briefly
reviewed the proposed projects and presented the expected cost for each one.
The priorities set forth by Mr. Chiles were Priority No. 1 Route 681, Priority
No. 2 Route 622, Priority No. 3 Route 659, Priority No. 4 Route 696, Priority
No. 5 Route 654 and Priority No. 6 Route 642.
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The Board discussed briefly the priority listings and the Board expressed
concern that the Route 654 project was the Number 5 Priority. Mr. Chiles advised
that he and his staff felt Route 654 was intolerable and would not object to
a change in the priority listing for this particular project.
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 request that the Project Priority List for Secondary Road
Construction as presented to the Board this date be amended to place the Route
654 Project in third priority and the Route 659 Project in fifth priority,
thereby setting the priorities for Frederick County Secondary Road Construction
as follows:
Project
Priority
No.
1
- Route
681
Project
Priority
No.
2
- Route
622
Project
Priority
No.
3
- Route
654
Project
Priority
No.
4
- Route
696
Project
Priority
No.
5
- Route
659
Project
Priority
No.
6
- Route
642
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
JR. Thomas Malcolm, and Kenneth Y. Stiles.
Mr. Owings asked when work would be begun on Route 636 an d Mr. Chiles_
replied that it wuld probably not begin until the winter season inasmuch as his
(manpower had been decreased to four men and the workload has been greatly backlogged.
Mr. David Conway stated that he owned the property on both sides of Route
1636 and would be willing to donate the right -of -way to the Highway Department if
l the road could be repaired. He described the problems involved with drainage
land erosion of the road each time it rains.
Mr. Chiles stated tht they would get to this road as soon as possible but
lit would probably be fall or winter before any work could be done.
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Mr. Marcus Adams appeared before the Board and requested that Route 679 be
d and improved. He presented a petition signed by homeowners along this road
stating that they would be willing to donate right -of -way if the road could
improved.
Mr.-Chiles stated that the project priority list would.be current until
the Spring of 1980 and this request could be considered at that time.
Mr. Larry Hardesty appeared before the Board and asked if the petition
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presented by residents on the Brucetown Road for improvements was still active
and if there had.been any change in the status of the petition. Mr. Chiles
stated that the residents should appear every two years in order to keep their
petition active. Mr. Stiles stated that the Ruritan Club Transportation
Committee has established this road as the top priority in Stonewall District.
Mr. Herbert Wells stated that Route 761 has recently been completed and since
its completion he had been inundated with water each time it rains. He requested
some type of relief from this situation. He stated that he had not had this
problem before the road was constructed.
Mr. Chiles replied that there were problems there before the road was
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constructed and that the drainage easement was put in to help as much possible
and he did not feel it was the Highways Department's obligation to provide a
remedy for this situation.
Mr. Roy Jennings stated that he had lived in this area since 1969 and the
water problem has never been as bad as it is now.
Mr. Koontz requested that a cost factor for solving this problem be presented
to the Board.
Mr. Harold Knight appeared before the Board and requested that the road in
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the area of Routes 671 and 681 be paved and Mr. Chiles stated that this was in
the six year plan and would be begun in the next two or three years.
Dr. Fish asked about the status on the discontinuance of Route 740 at
DeHaven and Mr. Chiles stated that no final decision has been reached in this
matter due to the fact that it would appear that should this action be taken,
one property owner would be landlocked. He stated that he would advise the
Board when a decision has been reached in this matter.
Mr. Koontz requested that the petition on Route 695 be put into the active
requests and Mr. Chiles stated that he had received this petition.
CONDEMNATION OF PROPERTY TO CONSTRUCT BRIDGE OVER GRAVEL SPRINGS RUN - APPROVED
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Mr. Chiles advised that in order to improve the bridge over Gravel Springs
_it'-would_appear:.that condemnation of certain property would be necessary.
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 the Highway Department condemnation of property
to provide sufficient area-to widen and strengthen an existing 9 ton,. 17' 16"
clear broadway bridge over Gravel Springs Run to a 19' clear broadway 24 ton
capacity bridge should said condemnation be necessary.
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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,
R. Thomas Malcolm, and Kenneth Y. Stiles.
The Board recessed for ten minutes.
ZMAP #003 -79 - ADOLPH HOCKMAN, ET UX - B -2 TO R -3 - GAINESBORO DISTRICT
- APPROVED
Mr. Berg presented the rezoning request of the Frederick County Planning
Commission for Adolph Hockman, et ux and described the location of the property
in Sunnyside, Gainesboro District. He stated that this constitutes a correction
to the zoning maps.
Mrs. Hockman appeared before the Board in support of their request and
stated that they plan to build a home on this site and do not want a business
zone next door to them.
There was no opposition.
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 following rezoning request on third and final
reading:
ZMAP #003 -79 - SUBMITTED BY THE FREDERICK COUNTY PLANNING
COMMISSION FOR ADOLPH HOCKMAN AND MARY HOCKMAN, 1145 OAK
STREET, WINCHESTER, VIRGINIA, WHO HEREBY REQUEST THAT TWO
LOTS FRONTING OAK STREET FOR ONE HUNDRED SEVENTY -FIVE (175)
FEET NOW ZONED BUSINESS - GENERAL DISTRICT (B -2) BE REZONED
RESIDENTIAL- LIMITED DISTRICT (R -3). THESE PROPERTIES ARE
LOCATED IN THE J. P. DARLINGTON SUBDIVISION AND ARE
DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 53A(2),
BLOCK C, LOTS 1 AND 2 IN GAINESBORO MAGISTERIAL DISTICT.
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 #007 -74 - WINCHESTER MALL - . STONEWALL DISTRICT - APPROVED
Mr. Berg presented the site plan of Winchester Mall and stated that after
two meetings the Planning Commission recommended approval of the site plan
for Phase I of this project.
Mr. J. Sloan Kuykendall appeared before the Board representing Winchester
Mall and introduced Mr. Jay Wetzel who described the site plan requesting
approval of two satellite stores on an 8.7 acre tract. He stated that they
would develop a large shopping center on the remainder of the property in the
near future.
Mr. Malcolm expressed concern regarding piecemeal development of the property,
i.e., 8 acres now and 16, 24 or 36 acres later, etc. He stated that he felt
the Board should have some commitment for the development of the entire tract.
Entrances to the proposed mall site were discussed and Mr. Glenn Bair
stated that negotiations are proceeding for conveyance of the property to
(provide an entrance on the east portion of the property and that he felt sure
Ithis would not be a problem.
Mr. King stated that the Highway Department has approved one entrance and
tentatively approved the other entrance to the site and any improvements to
Route 7 necessitated by the development of the mall would be at the expense of the
developer and not the State, County or Primary Road System Budget.
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Mr. Koontz expressed concern regarding the location of the entrances to
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the property as they relate to other proposed development in the area.
Mr. Rosenberger advised that the Planning Commission had met at'length
twice on the matter and had studied the situation quite carefully; that they
had agreed to recommend approval of the first phase of the project containing
two stores with the understanding that any additional development would have to
be considered by the Planning Commission and approved by the Board of Supervisors.
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 Site Plan #007 -74 of the Winchester Mall, Phase I
for the construction of two (2) stores (food and drug) on 8.735 acres fronting
Route 7 and adjoining on the east the property and store of J. S. Solenberger
in Stonewall Magisterial District.
The above resolution was passed by the following recorded vote: Aye'-
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IS. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
JR. Thomas Malcolm, and Kenneth Y. Stiles.
CUP 0005 -79 - ESTON KEELER, ET UX - STONEWALL DISTRICT - APPROVED
Mr. Berg presented the request for conditional use permit of Eston Keeler,
let ux to erect a sign for their antique shop and ,stated that the Planning
Commission recommended approval of a one year permit for Mr. Keeler.
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,
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Virginia does herein approve conditional Use Permit No. 005 -79 of Eston and Helen
Keeler to erect an unlighted 8" X 24 ".sign on a metal post at the entrance to
their driveway for their antique shop, working on said.sign to be on both sides
facing east and west on Route 672 and the Arnold Gordon property in Stonewall
Magisterial District; and,
BE IT FURTHER RESOLVED, That this permit shall be for a period of one (1)
year.
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.
PLAT REVISION - GREEN ACRES, SECTION 2 - SHAWNEE DISTRICT - APPROVED
Mr. Berg presented the request for plat revision of Mr. and Mrs. John E.
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Anderson stating that two lots would be combined in order to make one large lot.
He advised that the Planning Commission recommends approval of 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,
Virginia, does herein approve the plat revision of Mr. and Mrs. John E. Anderson
to combine Lots 16 and 17 in Section 2rof Green Acres Subdivision in the Shawnee
Magisterial District into one lot.
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.
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FINANCE COMMITTEE RECOMMENDATIONS:
Mr. Rosenberger presented the Finance Committee recommendations and the
following action was taken:
Supplemental Appropriation to Purchase CPR Equipment - Approved
Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of-Supervisors does herein approve a supplemental
appropriation in the amount of $548 to 06- 06A -499A, Miscellaneous Equipment for
the purchase of CPR equipment to be used by County Agencies.
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.
SAL OF EXCESS /SUR
Y ADMINISTRATOR -
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"al
Mr. Renalds stated that the Finance Committee recommended that excess /surplus
County property be disposed of administratively.
Mr. Koontz stated that should this recommendation be approved, he felt
certain guidelines should be written setting forth the procedure to be followed
for disposition of this property. Mr. Renalds stated that this could be made
a part of the purchasing policies and set forth in writing and documented.
The Board concurred.
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,
Virginia, does herein establish the policy of disposal of excess /surplus
County property, under $500 in value, by administrative action of the County
Administrator.
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.
TITLE II FUNDS - LINE ITEM TRANSFERS - APPROVED
Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond
L. Fish,
BE IT RESOLVED, by the Frederick County Board of Supervisors that the
following line item transfers of Title II funds be hereby approved:
TRANSFER FROM:
Public works
10- 1OJO -215B
10- 10AO -405A
Sheriff's Department
06 -06A -499A
06- 06A0 =299A
06- 06BO -215A
06- 06BO -215C
06 -06BO -499A
Parks & Recreation
18- 18F4 -215B
18 -18F4 -499A
18 -18F6 -499A
Animal Control
12- 12BO -215B
Repair and Replacement - Buildings & Grounds
Office Equipment
Miscellaneous Equipment
Other Expenses
Repair & Replacement- Buildings & Grounds
Repair & Replacement- Furniture & Equipment
Miscellaneous Equipment
Repair & Replacement - Buildings & Grounds
Equipment
General Fixtures
Repair & Replacement - Buildings & Grounds
$ 3,157.00
10.50
68.43
(3.64)
176.40
9.05
(5.00)
502.72
(3.26)
185.00
90.00
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Public Works
10- 10AO -215A
10- 10AO -213B
10- 10AO -215D
10- 10AO -120A
10- 10AO -405A
10- 10AO -499B
10- 10GO -266A
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Sheriff's Department
06- 06AO -322A
Parks & Recreation
18- 18F3 -316A
18- 18F3 -325A
18- 18F3 -399A
Animal Control
12- 12AO -317A
BE IT FURTHER RESOLVED, that the following unexpended Title II funds be
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reallocated in the following manner:
TRANSFER FROM:
02- 02AO -405A
10- 10EO -326A
03- 03AO -405A
01- 01FO -405A
TOTAL:
Repair & Replacement - Vehicle 200.00
Insurance Premiums- Vehicle 151.00
Repair & Replacement -Radio 500.00
Extra Help /Overtime 576.00
Office Equipment 200.00
Surveying Equipment 300.00
Contracted Services 1,240.50
Books, Bulletins, Etc. 245.24
Medical and First Aid Supplies 100.00
Clothing 60.00
Recreation Materials and Supplies 524.46
Dog Tags and Record Book 90.00
TOTAL: $ 4,187.20
Office Equipment
Census, Surveys and Reports
Office Equipment
Office Equipment
1.05
1,585.25
1,420.45
55.50
$ 3,062.25
TRANSFER TO:
Finance Department
01- 01DO -403A
01- 01DO -218A
12- 12A -499A
18 -18F1 -499A
Furniture & Fixtures (File)
Communications (Postage)
Miscellaneous Equipment (Portable Radio)
Miscellaneous Equipment (Mobile Radio & Cement
Mixer)
360.00
500.00
790.00
TOTAL:
1,412.
$ 3,062.25
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.
RECOMMENDATIONS FOR THE COMMITTEE ON LAW ENFORCEMENT AND COURTS
Mr. Stiles presented the recommendation.from the Committee on Law Enforcement
and Courts and the following action was taken:
AN ORDINANCE TO AMEND THE CODE OF THE C
OF 1976, AS AMENDED, CHAPTER 10, ADOPTE
BURNING OF LEAVES - 1st AND 2nd READING
Mr. Stiles explained that the proposed revision to the above mentioned
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ordinance will provide for the County and State laws to.track each other and
therefore would not be in conflict as they now are.
Mr. Renalds then read said ordinance on first and second reading.
ADMINISTRATIVE OFFICES TO BE CLOSED ON MAY 4, 1979 IN
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,
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Virginia, does herein direct that the County Administrative Offices be closed
on Friday, May 4, 1979, in observance of the 52nd Annual Shenandoah Apple Blossom
Festival.
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The above resolution was passed by the following recorded vote: Aye -
;. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R.
Malcolm, and Kenneth Y. Stiles.
CONSIDERATION OF APPOINTMENTS TO BOARD OF ASSESSORS
Mr. Koontz requested the Board Members to send their suggested appointments
the Board of Assessors to the County Administrator in writing. The Board agreed.
ORDINANCES - FIRST AND SECOND READING
The following ordinances were read on first and second reading:
1. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21
ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE XI, XIII,
XIIII, XIII -A.
2. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21
ZONING, ADOPTED JULY 12, 1978 TO AMEND ARTICLE I, FRONTAGE
AND ADOPT STREET, ROAD, RIGHT -OF -WAY, DEFINITIONS.
3. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21
ZONING, ADOPTED JULY 12, 1978, TO AMEND SECTION 21- 16(r),
21- 26(r), 21- 36(i), 21- 44(i), 21- 52(n), 21- 90(x), AND
21- 101.2(1).
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Thomas B. Rosenberger,
d passed unanimously, the Board retired into Executive Session in accordance
th Section 2.1 -344, Subsection (a) (1) of the Code of Virginia, 1950 as amended
discuss personnel.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish,
d passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish,
d passed unanimously, the Board reconvened into regular session.
UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT
E BOARD OF SUPERVISORS DO NOW ADJOURN.
1071A MIN640-Aval Qa. q?,
--*rs SC�retary, Board of Supervisors
A Regular Meeting of the Frederick County Board of Supervisors was held on April
?5, 1979, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester,
Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman;
Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles.
INVOCATION
The invocation was delivered by the Reverend J. W. Hough of the Braddock Street
United Methodist Church.
APPROVAL OF MINUTES
Upon motion made by Dr. Raymond L. Fish, seconded by Kenneth Y. Stiles, and
passed unanimously, the minutes of the Adjourned Meeting of March 28, 1979 and
the Adjourned Meeting of April 4, 1979, were approved as submitted.
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REQUEST FOR ROAD ABANDONMENT - ROUTE 804 - APPROVED
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
WHEREAS, It appears to the Board that Secondary Route 804 from Route 655 to
08 mile south, a total distance of .08 mile, serves no public necessity and is
no longer necessary for use in the Secondary System of State Highways.
NOW THEREFORE BE IT RESOLVED, That the Clerk of the Board be directed to
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post and publish notice of the Board's intention to abandon the aforesaid Route
804, pursuant to Section 33.1 -151 of the 1950 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,
R. Thomas Malcolm, and Kenneth Y. Stiles.
SUBDIVISIONS
HARRY STINE —STONEWALL DISTRICT -
Mr. Berg presented the subdivision request of Harry Stine and stated that all
approvals had been received.
Mr. Stiles stated that inasmuch as this property adjoins his farm, he would
abstain from voting on this matter.
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,
Virginia, does herein approve the subdivision request of Harry Stine for two (2)
lots fronting service road B in Stonewall Magisterial District.
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. Abstaining - Kenneth Y. Stiles.
ALLEN BOND, SR. - STONEWALL DISTRICT - APPROVED
Mr. Berg presented the subdivision request of Allen Bond, Sr. and stated that
all approvals had been received.
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 the subdivision request of Allen Bond, Sr. for two
(2) lots fronting Route 739 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.
GLENSIDE SUBDIVISION AMENDMENT - STONEWALL DISTRICT - APPROVED
Mr. Berg presented a request for amendment to the Glenside Subdivision and
stated that all requirements have been met.
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 approve the amendment to Lots 5, 6 and 7 of Glenside Subdivision;
fronting the Quaker Road in Stonewall District, to realign the drainage easement
and combine Lots 5 and 6 in said subdivision.
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The above resolution was passed by the following recorded vote: Aye -
3. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
2. Thomas Malcolm,.and Kenneth Y. Stiles.
ORA BAILEY FARM LOTS AMENDMENT - STONEWALL DISTRICT - APPROVED
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 the amendment to the Ora Bailey Farm Lots fronting
outes 664 and 761 in the Stonewall District, to adjust the lot line of Lots 10
nd 11 to creat Lots 10 -A and 11 -A.
The above resolution was passed by the following recorded vote: Aye -
• Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
• Thomas Malcolm, and Kenneth Y. Stiles.
J. P. DARLINGTON SUBDIVISON AMENDMENT - GAINESBORO DISTRICT - 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,
irginia does herein approve an amendment to the J. P. Darlington Subdivision
ronting Route 522 in Gainesboro Magisterial District to Plat Lots A -1, B -1 and C -1.
The above resolution was passed by the following recorded vote: Aye -
• Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
• Thomas Malcolm, and Kenneth Y. Stiles.
SITE PLAN - JAMES T. WILSON - STONEWALL DISTRICT - APPROVED
Mr. Berg presented the site plan of James T. Wilson and stated that the
pplicant plans to build a warehouse on the property; that all approvals have been
eceived. He stated that the remainder of the land would be held for future
evelopment and no structures could be built until approval of another site plan
s given by the Board. He stated that no vehicle parking or storage will be
llowed in the undeveloped portion of the property.
Mr. Wilson appeared before the Board in support of his site plan and stated
hat the building would be a Butler Building and would be used for the storage of
pple products. He stated that this project is completely separate from his current
peration.
Mr. Malcolm expressed concern regarding the unsightly condition of the current
eration and stated that he hoped this project would not become a storage area
r unused machinery and equipment.
Fencing of the property and parking facilities for tractor trailers was
scussed. Mr. Berg advised that tractor trailers would be permitted to be parked
t the dock for the purpose of conducting business and should the operation spill
ver onto the adjoining property, which is to remain undeveloped at this time,
is would be a violation of the site plan.
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,
rginia does herein approve Site Plan #006 -79 of James T. Wilson to construct a
rehouse (80' X 180') and a loading dock with asphalt entrance and parking,
avel driveway and loading area, on his property on Lenior Drive in the Stonewall
aisterial District.
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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,
R. Thomas Malcolm, and Kenneth Y. Stiles.
DENIED
FOR INDUSTRIAL ACCESS ROAD - I..FRED STINE, JR. - STONEWALL DISTRICT
Mr. Bruce Edens appeared before the Board representing Mr. I. Fred Stine,
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Jr. and presented a design showing the proposed industrial access road and the
various roads and industries in and proposed for the area.
Mr. Stiles asked if the Northwestern Workshop has a right -of -way from the
back of their property to the proposed road and Mr. Edens replied that they did.
Mr. Koontz asked if this wold open up another 40 to 50 acres and Mr. Edens
replied that it would.
Mr. Edens stated that there would be a road across the back of the School
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Board property and the Northwestern Workshop property which could be extended onto
Green Street with the approval of the City of Winchester.
Mr. Stiles stated that he supported this particular concept but before he
would be willing to approve any additional site plans there would have to be add-
itional access to the property and Mr. Edens stated that he felt Mr. Stine was
aware of this situation and is currently negotiating other possibilities for access
to the property.
Mr. Stiles stated that there are some difficulties concerning who owns the
right -of -way; that there are two rights -of -way side by side or overlapping and
that the School Board, the Workshop and Harris Intertype all have rights -of -way
over this easement.
Dr. Fish advised that Mr. Albert Robinson, a property owner in the area, had
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stated that the Board had given away his property and it appears there will be
litigation on this and the longer the problem is ignored, the larger it will become.
He suggested that the Board not approve anything further until these access problems
are solved.
Mr. Berg stated that this development is taking place in five acre tracts
over which the Board has no- control; that if all requirements are met on a site
plan, technically the Board might be very hard put to deny it. He stated that this
decision is a discretionary one.
Mr. John Chiles of the Virginia Department of Highways and Transportation,
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stated that technically the site plan meets the guidelines for industrial access
approved by the Highway Department just as the other two roads have been approved.
roads and that should the Board pass a resolution in favor, he felt it would be
Mr. Chiles stated that he was personally not in favor of this road he had so
advised Mr. Stine.
Mr. Stiles stated that under the circumstances he would move that this matter
be tabled.until such time as Mr. Stine and his legal representative can appear
before the Board to discuss these problems. He advised that the problems are
different now than they were several months ago inasmuch as we are now discussing
access to the whole park. This motion died for lack of a second.
Mr. Stiles stated that he felt it should be recognized that in the context
of the overall development of the park, aside from access to the whole thing,
this particular alignment makes more sense than connecting straight into Smithfield
Avenue and that should this be denied it would be because we have a question
about the overall access to the.park and not because of this particular alignment
of the proposed road.
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 deny the request of Mr. I. Fred Stine, Jr. for an
industrial access road in the Fort Collier Industrial Estates as presented by
Mr. Bruce Edens.
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.
PUBLIC HEARINGS:
ABANDONMENT OF SWINGING BRIDGE
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
WHEREAS, It appearing to the Board that the swinging bridge paralleling
Route 667 at its.crossing of the Opequon Creek at the Clarke County line, serves
no public necessity and is no longer necessary for the uses of the Secondary
System of State Highways; and,
WHEREAS, Notice has been posted and published of the Board's intention to
abandon the sw bridge as aforesaid, pursuant to Section 33.1 -151 of the 19.50
Code of Virginia as amended and no opposition has been presented regarding said
action:
NOWT; THEREFORE 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 approve the abandonment of said bridge.
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.
ABANDONMENT OF SWINGING BRIDGE PARALLELING ROUTE 660 - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
WHEREAS, It appearing to the Board that the swinging bridge paralleling
Route 660 at its crossing of the Opequon Creek at the Clarke County line,
serves no public necessity and is no longer necessary for the uses of the
Secondary System of State Highways; and,
WHEREAS, Notice has been posted and published of the Board's intention to
abandon the swinging bridge as aforesaid, pursuant to Section 33.1 -151 of the 1950
Code of Virginia as amended and no opposition has been presented regarding said
action;
NOW, THEREFORE BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein request the Virginia Department of Highways
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and Transportation to approve the abandonment of said bridge.
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.
RESOLUTION REQUESTING THE HIGHWAY DEPARTMENT TO PROCEED ":WITH
THE ROUTE 614 PROJECT - 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,
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Virginia, does herein request the Virginia Department of Highways and Transportation
to move with all due haste to expedite the Route 614 project #0164 - 034 -163, M501,
B614 from Route 50'to .15 miles south, in order to improve the approaches and bridge
of Gap Run.
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.
IGNALS FOR RAILROAD CORSS
fR IN AREA OF STINE INDUSTRIAL PARK -
The board discussed briefly the type of signals to be erected at the railroad
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crossing and spur in the vicinity of the Stine Industrial Park and Mr. Chiles
advised that this matter would have to be studied and recojmendation made to the
Board upon its conclusion.
RESOLUTION APPROVE REFUND OF UNUSED GRANT FUNDS - APPROVED
Upon motion made Kenneth Y. Stiles, and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, By the Frederick County Board of Supervisors that the County
Administrator is hereby authorized to approve refunds of unused grant funds, as
certified by the Finance Director, to the Federal, State and /or local government
as required by grant regulations and does direct that the Board be informed of any
refunds made in accordance with this resolution.
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 KennethlY: Stiles.
APPOINTMENTS TO HANDLEY LIBRARY BOARD COMMITTEE TO WORK ON REGIONAL
CONTRACT - APPROVED
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,
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Virginia, does herein appoint Thomas B. Rosenberger and Dr. Raymond L. Fish to
serve as the Frederick County Board of'Supervisors' representatives on the Special
Joint Library Committee to prepare a contract for the provision of library services
from the Handley Library on a regional basis.
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.
APPOINTMENTS TO BOARD OF ASSESSORS - SHAWNEE AND OPEQUON DISTRICT - APPROVED
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 recommend the appointment of Mr. Gary L. Carper of Middletown
to serve as the representative from the Opequon Magisterial District on the Board of
Assessors for the upcoming reassessment.
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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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, Vir-
ginia, does herein recommend the appointment of Mr. Dennis J. O'Neal of 710
Armstrong Place, Winchester, Virginia, to serve as the representative from the
Shawnee Magisterial District on the Board of Assessors for the upcoming reassessment.
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.
TREASURER REPORT - FREDERICK COUNTY MOTOR VEHICLE DECALS
Mrs. Dorothy Keckley, Treasurer, appeared before the Board and stated that
several people had called her office stating that they had not received their
County stickers back in the mail and she had also received calls stating that
they could not afford to pay their personal property taxes and therefore could
not purchase a County sticker.
Following a brief discussion, they board instructed the Treasurer to have those
people who do not receive their County decals back in the mail contact the postal
servi -e for assistance. It was the general consensus of the Board the policy of
requiring personal property taxes to be paid before purchase of a County sticker
was most helpful in the collection of these taxes and should be continued.
Mr. Jim Wilson suggested that the Board consider a metal decal inasmuch as they
would be more substantial and durable.
The Board recessed for 15 minutes.
RESOLUTION ON SOLID WASTE GRANT - APPROVED
Mr. Stan Pangle, Public Works Director, appeared before the Board and stated
that the proposed solid waste grant would provide an additional compact site to
be located in the Round Hill area. He discussed briefly several other courses
of action he was currently studying regarding the collection of trash in the County
and stated that he would like to meet with the Board in a work session in the near
future to more thoroughly discuss this matter.
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles
BE IT RESOLVED, That the Board o5 Supervisors of the County of Frederick, Virgin
does herein approve the agreement between the State Health Department and the
County of Frederick for a solid waste grant in the amount of $4,010 to install a
new refuse compactor in an area not presently served; and,
BE IT FURTHER RESOLVED, That the Board of Supervisors does herein authorize the
County Administrator to execute said agreement on behalf of the County as its
authorized agent.
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
Mr. Rosenberger presented the Finance Committee Recommendations and the
following action was taken:
ESTABLISHMENT OF CLERK TYPIST POSITION - INSPECTIONS DEPARTMENT - APPROVED
Mr. Carroll Brown, Inspections Director, appeared before the Board and stated
that his office is at a critical point now inasmuch as the position he is
requesting was a CETA position; that another fulltime clerk typist was essential
to the efficient operation of his office.
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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 approve a position of Clerk Typist II in the Inspections
Department and a transfer from Reserve for Contingencies in the amount of $564 to
fund the position to June 30, 1979, and the approval of an amendment to the proposed
1979 -1980 budget in the amount of $6,929 to fund the position for the 1979 -1980
fiscal 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.
PARKS & RECREATION DEPARTMENT REQUEST FOR SIX NEW POSITIONS - APPROVED
Mr. Ned Cheely, Parks and Recreation Director, appeared before the Board and
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requested six positions in his Department stating that the Parks & Recreation
Commission had delegated funds which had been set forth for other items in the
budget to cover a portion of the cost for some of these positions.
Mr. Owings stated that he worked closely with the Parks & Recreation Commission
and this is a condition which has been building for a long time. He stated that
the need was evident one or two years ago and if the County intends to continue
the programs service they are now rendering, it will be necessary to have
additional personnel.
Mr. Stiles stated that he disagreed with direction this matter is taking
inasmuch as the strong part of any program is the amount of volunteer help we
can generate and he did not know if he could agree to replace these people with
fulltime people.
Mr. Cheely stated that he felt the Parks & Recreation Budget could fund three
of the positions and he would therefore request that the Board fund the remaining 3.
Dr. Fish stated that if all six positions could be filled out of the current
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budget he would agree to this proposal, but could not agree to expend any new
monies especially when other departments have been cut during the budget process.
Mr. Stiles stated that he would recommend that the Board authorize three
additional positions funded out of the budget, the Athletic Supervisor and two
maintenance positions inasmuch as these are the three first priority positions
requested by Mr. Cheely.
Mr. Rosenberger then moved to approve the amount of $30,700, to the Parks
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and Recreation Department to be expended on whatever positions they desire and
that no new monies be expended.
Mr.- Stiles stated that he would agree with Mr. Rosenberger's motion but he
felt the Board should designate which positions will be funded.
Mr. Koontz stated that he felt this decision should be made by the Department
Head and not the Board.
Mr. Rosenberger stated that inasmuch as there are no new monies to be expended
and the Parks and Recreation Commission is shuffling their budget to accomodate
these three positions, he felt they should have the right to decide how it should
be used.
Mr. Cheely stated that the Commission had stated that should the Board
not approve the six positions, they would prefer to forego some of the expansion
projects and use these funds to get additional personnel on board to maintain the
facilities we already have.
Mr. Owings asked if some of the required funds would be taken from the land
purchase fund and Mr. Berg advised that this could not be done inasmuch as these
had been raised for use in specific district.
Mr. Cheely advised that before any land purchase funds are expended for any
, the proposed project would be brought before the Board of Supervisors
Eor approval.
Mr. Rosenberger then withdrew his motion.
Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
rginia, does herein approve the following six positions in the Parks and Recreation
Department provided that funding for said positions can be absorbed within the
budget of said department and no new monies are expended:
(a) Clerk Stenographer I
(b) Parks Caretaker II
(c) Parks Caretaker II
(d) Parks Maintenance Supervisor II
(e) Recreation Supervisor II (Recreation Program Coordinator)
(f) Recreation Supervisor III (Sports Activities Supervisor)
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish and R. Thomas Malcolm.
day - Will L. Owings and Kenneth Y. Stiles.
CONDITIONAL ZONING DISCUSSED
Mr. Rosenberger requested input from the Board regarding proceeding with the
proposed concept of conditional zoning.
Mr. Berg explained conditional zoning and what procedure the Planning Commission
is following regarding this matter. He stated that the Planning Commission is
looking at conditional zoning and at this time only two zones, business and industry,
are being considered. He advised that the Planning Commission is considering an
amendment to the Comprehensive Plan and the zoning ordinance for an 18 month trial
period.
Mr. Berg provided written information on conditional zoning for the Board to
consider.
Following a brief discussion, the Board directed that the Planning Commission
continue work on conditional zoning for consideration by the Board. Dr. Fish
requested that the Planning Commission research to find out what has happened in
Mother states where conditional zoning has been used.
CONCERNS:
Door to Door Solicitation
Mr. Koontz stated that the Sheriff's Department has had problems with door to
door solicitors and desire to have some type control over this situation. He
referred this matter to the Committee on Law Enforcement and Courts for study and
[recommendation.
•
•
•
•
99
Department Plans of Work
meet with the Department Heads to discuss this project. He stated that meetings
would be scheduled in the near future to begin work on this matter.
Complaint Regarding Dog Problems in the County
Mr. William Reuter appeared before the Board and stated that he felt the
Board had a.serious dog problem. He advised that he had had dogs in his chickens
• and sheep. He suggested raising the dog tag fees for female dogs to help alleviate
this problem.'
Dr. Fish stated that he felt the different license fees had been in effect
long enough to know if it will make a difference. He stated that he felt the fees
should be higher for both male and female dogs.
Mr. Renalds stated that this matter would be discussed in a work session
in the very near future.
' Voting on School Board Appointments Discussed
Mr. Stiles stated that at the last meeting Mr. Ambrogi delivered an opinion
• regarding voting on school board appointments and both the Chairman and Mr. Malcolm
indicated that they intended to vote on said appointments unless a reason was given
them why they should not. He asked the Chairman and Mr. Malcolm if they would
comply with Mr. Ambrogi's opinion or what course of action they would take.
Mr. Koontz stated that the way he would react depends upon many different
factors. He advised that he had received the opinion and thanked Mr. Ambrogi
for rendering it. Mr. Koontz stated that he felt to sit here and tell Mr. Stiles
or anyone else how he would vote on an issue, just would not do.
Mr. Malcolm stated that he did not think it was any of Mr. Stiles' business
• II whether he voted or not; that he did not ask how Mr. Stiles' would vote-on.any
I issue. He added that'he did not feel beholden to answer to Mr. Stiles nor would
Mr.
Koontz
stated that
all departments are
beginning to develop
plans
Facilities
of work
for the
next several
years and he felt
it was important that
the Board
meet with the Department Heads to discuss this project. He stated that meetings
would be scheduled in the near future to begin work on this matter.
Complaint Regarding Dog Problems in the County
Mr. William Reuter appeared before the Board and stated that he felt the
Board had a.serious dog problem. He advised that he had had dogs in his chickens
• and sheep. He suggested raising the dog tag fees for female dogs to help alleviate
this problem.'
Dr. Fish stated that he felt the different license fees had been in effect
long enough to know if it will make a difference. He stated that he felt the fees
should be higher for both male and female dogs.
Mr. Renalds stated that this matter would be discussed in a work session
in the very near future.
' Voting on School Board Appointments Discussed
Mr. Stiles stated that at the last meeting Mr. Ambrogi delivered an opinion
• regarding voting on school board appointments and both the Chairman and Mr. Malcolm
indicated that they intended to vote on said appointments unless a reason was given
them why they should not. He asked the Chairman and Mr. Malcolm if they would
comply with Mr. Ambrogi's opinion or what course of action they would take.
Mr. Koontz stated that the way he would react depends upon many different
factors. He advised that he had received the opinion and thanked Mr. Ambrogi
for rendering it. Mr. Koontz stated that he felt to sit here and tell Mr. Stiles
or anyone else how he would vote on an issue, just would not do.
Mr. Malcolm stated that he did not think it was any of Mr. Stiles' business
• II whether he voted or not; that he did not ask how Mr. Stiles' would vote-on.any
I issue. He added that'he did not feel beholden to answer to Mr. Stiles nor would
Mr. Malcolm stated that a meeting had been held of the Joint Capital Facilities
Committee and it is anticipated that the entire group will meet and reorganize and
agree upon a course of action.
Bills on Construction of New Senior High School to be Submitted to Board
Dr. Fish stated that some six weeks ago the Board agreed to give the School
• Board a considerable increase in their budget on the new high school with the
stipulation that bills be submitted monthly to the Board as the school is under
construction. He added that to date no bills have been received and he felt this
was a violation of the agreement the Board of Supervisors had with the School
Board. He requested that the School Board be reminded that they are well overdue
on the submittal of this information.
he expect Mr.
Stiles to
answer to
him.
II
Capital
Facilities
Committee
Report
Mr. Malcolm stated that a meeting had been held of the Joint Capital Facilities
Committee and it is anticipated that the entire group will meet and reorganize and
agree upon a course of action.
Bills on Construction of New Senior High School to be Submitted to Board
Dr. Fish stated that some six weeks ago the Board agreed to give the School
• Board a considerable increase in their budget on the new high school with the
stipulation that bills be submitted monthly to the Board as the school is under
construction. He added that to date no bills have been received and he felt this
was a violation of the agreement the Board of Supervisors had with the School
Board. He requested that the School Board be reminded that they are well overdue
on the submittal of this information.
Expression
of Appreciation to Ron Berg,
Planning & Development Director
Mr.
Koontz
stated that Mr. Ron Berg has
resigned his post as Planning
and Development
Director of Frederick County.
He stated that Mr. Berg had come
to work
for the
County during the building years
of the planning department
and had
spent many long hours and worked very
hard to develop said department.
100
He stated that Ron had always been most helpful and professional and had added
dignity to the Board of Supervisors. He thanked him on behalf of the Board for the
service he has rendered to._the.County and wished him well.in.his.new.endeavor..
Mr. Stiles stated that as one Board member who had gotten into more squabbles
than any other with Mr. Berg, he would like to say that their disagreements have
been over a matter of philosophy and the role of a good planner. Mr.. Stiles stated
that he had the highest regard for Mr. Berg's technical abilities.
Mr. Rosenberger stated that he felt Mr. Berg would be missed; that he had
been an inspiration to the Planning Commission and he too respected his abilities.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT
THE BOARD OF SUPERVISORS DO NOW ADJOURN.
M .
Q. (32.
Se retary, Board of Supervisors
•
•
A Regular Meeting of the Frederick County Board of Supervisors was held on May
9, 1979, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester,
Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman;
Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles.
INVOCATION
The invocation was delivered by the Reverend James Guthrie of the Burnt
Presbyterian Church.
The Chairman called the meeting to order.
APPROVAL OF MINUTES
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 the minutes of the Regular Meeting of this Board
held on April 11, 1979, 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.
CONDITIONAL USE PERMITS - POWELL, DEHAVEN AND MALIN - TABLED
Mr. Rosenberger stated that he felt the conditional use permits scheduled for
action at this meeting should be tabled and advertised in accordance with the
recent court order rendered by the Judge requiring said advertisement. He further
stated that the Board might want to consider in the near future the time limit
this recent development might cause for the processing of conditional use permits.
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 table the following conditional use permits in order that
they might be advertised for public hearing in accordance with the recently
rendered court order by The Honorable Robert K. Woltz:
•
•
101
1. CUP #020 -78 James L & Donna Powell
2. CUP #006 -69 Gerald P. DeHaven
3. CUP #007 -79 Steve & Lynn Malin
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 APPROPRIATION - $450 ADVERTISING
AGENDA - APPROVED - $75 CUP FEE - TABLED
Ms. Dorothea Stefen, Zoning Administrator, appeared before the Board and stated
•
that the Planning Commission felt their agenda should be advertised just as the
Board agenda is and further, as a result of the recent court order requiring the
advertisment of conditional use permits, the Commission has recommended that a
$75.00 fee be charged for conditional use permits to cover the cost of said
advertisement.
The Board discussed briefly the above recommendation and Mr. Stiles and Dr.
•
Fish raised objections to the $75.00.fee for conditional use permits.
Mr. Rosenberger then moved to approve the recommendation of the Planning
Commission to appropriate $450 to advertise the Planning Commission Agenda and
to approve a $75.00 fee for conditional use permit application. This motion died
for lack of a second.
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,,
nia, does herein approve a supplemental appropriation in the amount of
$450 to the Department of Planning and Development for the purpose of advertising
the Planning Commission agendas, said expenditure to be included in the 1979 -1980
Fiscal Plan.
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.
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 table the recommendation of the Planning Commission to
charge a fee of $75.00 for conditional use permits and does herein request the
Commission to submit a cost analysis on advertising fees, etc. in order that the
Board might study this recommendation and make a decision on same.
The above resolution was passed by the following recorded vote: Aye -
•
S.i_ROger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
PUBLIC HEARINGS
PUBLIC HEARING ON 1979 -1980 FREDERICK COUNTY FISCAL PLAN AND TAX RATE
Mr. Koontz stated that this would be a Public Hearing on the proposed Fiscal
flan for Frederick County for 1979 -1980 and that according to this plan the real
to and personal property tax rate would be the same as last year. He stated
input would be received from citizens at this time but a vote would not be taken
Dn the budget until 'the May 23, 1979 meeting of the Board.
102
It was the general consensus of the Board that the proposed budget was a
good, sound plan and had received the input of many people, including the Board,
Staff and public.
Mr. Sam Lehman, Vice President of the Frederick County Taxpayers Association,
appeared before the Board and stated that he was glad to hear there would be no
tax increase this year but could not understand this when the budge is now 41/2
times what it was in the 1970 -1971 budget. He stated that the total real property
tax has risen 31/2 fold while population has grown 39% and inflation has com-
pounded to 89 %. He criticized the revenue sharing program and the local tax on
electric bills and asked if it was more efficient to send a lot of other taxes
to Richmond and Washington and get part of them back. Mr. Lehman stated that
the latest County audit shows a $5 million balance in the general revenue fund.
He asked how this money would be spent.
Mr. James E. Boyd, Director of Finance, stated that there is in fact an
actual unappropriated balance of approximately $1.7 million and the remainder
of these funds have been appropriated in the 1979 -1980 fiscal plan.
Dr. Fish stated that he agreed basically with Mr. Lehman's feelings on
revenue sharing and stated that he felt we could spend the money just as efficiently
in the localities as the federal or state governments could.
Mr. Koontz thanked Mr. Lehman for his presentation.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE
ADOPTED JULY 12, 1978, TO AMEND ARTIC XI, XIII, X
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING,
ADOPTED JULY 12, 1978, TO AMEND SECTION 21- 16(r), 21- 26(r), 21- 36(i),
SLIFMAN 1� iC
Mr. Renalds, advised that the above ordinances to amend the Frederick County
Code had been withdrawn from the Agenda to be returned to the Planning Commission
for reconsideration due to a defect in wording.
AMEND THE FREDERICK
21, ZONING
I
•
•
RIGHT -OF -WAY
Mr. Renalds explained the proposed ordinance.
There followed a brief discussion regarding the definition of right -of -way,
i.e., whether this would be a public right -of -way or a private right -of -way.
Mr. Malcolm expressed concern as to whether this definition as it is currently
set forth would be open to legal interpretation.
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 table the following ordinance in order that the Commonwealths
L
(Attorney might render a ruling regarding the definition of public right -of -way
versus private right -of -way as it pertains to this ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING,
ADOPTED JULY 12, 1978, TO AMEND ARTICLE I FRONTAGE AND ADOPT STREET,
ROAD, RIGHT -OF -WAY, DEFINITIONS.
The above resolution was passed by the following recorded vote: Aye',-
IS. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
JR. Thomas Malcolm, and Kenneth Y. Stiles.
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103
L�
AN ORDINANCE TO AMEND THE CODE OF THE
1976, AS AMENDED, CHAPTER 10, ADOPTED
f1F T.F.A\n:C - THTPn AMn FTMAT. RF.Ai1TUf -
COUNTY OF FREDERICK, VIRGINIA, OF
JULY 12, 1978. REGARDING THE BURN
Mr. Renalds stated that the proposed ordinance to amend the current burning
of leaves ordinance would track the state Code and would provide for an admini-
strative ban on burning to be confirmed by the Board at their next meeting.
Mr. Dickson stated that the revised ordinance would also provide for en-
forcement by the Sheriff's Department. There was no opposition.
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
•
Virginia, does herein approve on third and final reading, the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF FREDERICK, VIRGINIA
OF 1976. AS AMENDED. CHAPTER 10. ADOPTED JULY 12. 1978. REGARDING THE
Section 1. Be it Ordained by the Board of Supervisors of the County of Frederick,
Virginia, that Section 10 -1 be repealed and re- enacted to read as follows:
The burning of woods, brush, logs, leaves, grass, debris, or other inflammable
•
material on the premises of privately owned land may be burned on these properties
providing that:
(a) During the period from May 16th to the last day of February each year,
such burning is done between the hours of 9:00 A.M. and 5:00 P.M. and all members
are totally extinguished at the end of this period, and no material is added to the
fire after 3:00 P.M.
(b) During the period from March 1st to May 15th, inclusive each year,
such burning is done between the hours of 4:00 P.M. and 12:00 Midnight.
(c) The location of the burning shall not be less than three hundred
(300) feet from any occupied building unless the occupant thereof has given prior
written permission or within three hundred (300) feet of any woodland or brushland.
(d) At no time shall any such fire be unattended.
•
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(e) All burning of woods, brush, logs, leaves, grass, debris, or other
inflammable material permitted under this section shall not be commenced and shall
be immediately terminated upon declaration of an alert warning or an emergency
state when proclaimed by either the executive director of the State Air Pollution
Control Board or its designated representative, or by proclamation by the Board
of Supervisors, or by emergency action by the County Administrator which would have
to be ratified by the Board of Supervisors at their next meeting following such
action.
(f) Section 10 -62(b) of the Code of Virginia, 1950, as amended, is hereby
approved and made effective.
(g) The penalties set forth in Section 10 -62 of the Code of Virginia, 1950,
as amended shall be effective for violations as applicable.
(h) The provisions of this ordinance shall be enforceable by the Frederick
County Sheriff's Department.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason declared to be unconstitutional or invalid by the
valid judgement or decree of a court of competent jurisdiction, such constitution-
ality or invalidity shall not affect the validity of the remaining portions of
this ordiance.
Section 3. This ordinance shall be in full force and effect on May 10, 1979.
104
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.
REPRESENTATIVES OR ORGANIZATION OF INDUSTRIAL CENTERS OF AMERICA ADDRESS BOARD
Messers Raymond Ratcliffe and H. M. Brooks appeared before the Board to
explain the goals and objectives of the Organization of Industrial Centers of
America and request financial assistance from the Board with their program.
Mr. Koontz asked if funds would be solicited from Clarke, and Warren counties
as well as Frederick.
Mr. Ratcliffe stated that they had requested that Clarke give 1/4 of the
total amount they had received in Revenue Sharing.
Mr. James Boyd, Finance Director, stated that 1/4 of our total Revenue
Sharing would be $45,500.
Dr. Fish stated that he would like to see figures and more information
before he would be willing to vote on this request.
REQUEST FOR CHANGE IN PRIORITY LISTING - APPROVED
Mr. R. C. King appeared before the Board regarding the Project Priorities
that were established at the meeting of the Board of Supervisors on April 11, 1979,
and requested that the Board draw up a resolution giving the Highway Department
permission to have the priorities remain as established with the understanding
that the Highway Department be authorized to proceed.with Priorities 4 and 5
until such time as Priority 3 is ready, at which time Priority 3 will be moved
into the Priority 1 position.
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 authorize the Virginia Department of Highways and Trans-
portation to proceed with work on Project Priorities Numbers 4 (Route 696) and 5
(Route 659) during the period when the preliminary work for Project Priority
Number 3 (Route 654) is being accomplished with the stipulation that at such time
as Route 654 is ready to be let to contract, said project shall automatically
advance to Project Priority No. 1.
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
Mr. Rosenberger presented the Finance Committee recommendations and the
following action was taken:
TREASURER RELIEVED FROM COLLECTION OF CERTAIN DELINQUENT STREETLIGHT BILLINGS
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 direct that the Treasurer of Frederick County be relieved
from.the collection of delinquent streetlight billings in the following amounts:
Streetlights Receivable -1973 (Green Acres) $156.96
Streetlights Receivable -1974 (Green Acres) $167.40
Streetlights Receivable -1975 (Fredericktowne) $548.78
TOTAL; $873.14
The above resolution was passed by the following recorded vote: Aye -
I S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
r�
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•
'105,
R. Thomas Malcolm, and Kenneth Y. Stiles.
AMENDMENT TO THE COUNTY PERSONNEL POLICIES REGARDING WORKMENS'
COMPENSATION AND INJURY LEAVE - APPROVED
Mr. James Boyd, Finance Director, requested that.the wording be changed
in our injury leave policy regarding workmen's compensation to read from employment
to 5 years instead of 1 to 5 years as it is presently written.
Mr. Owings asked if this only pertained to injuries sustained in the line
of duty.
Mr. Boyd replied yes.
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 following injury leave policy for County of
Frederick employees:
SUGGESTED INJURY LEAVE POLICY
•
•
Policy - Injury leave may be granted to protect an employee when he has sustained
an injury arising out of or in the course of the performance of his job.
Length - An employee sustaining injury or illness as a result of on- the -job
work or activity, which injury or illness is formally compehsable under the
Workmen's Compensation Act, may be granted injury leave. Injury leave is ordinarily
approved for length of time necessary to enable the employee to return to work
following an on- the -job accident. If an employee does not return to work upon
expiration of his approved leave period, after investigating the circumstances,
and with burden of proof upon the employee, the Supervisor or Department Head may
charge such absence to vaction leave or take disciplinary action, upon noti-
fication to the employee of the action.
Compensation - During the first seven (7) calendar days of necessary absence,
injury leave with-full pay will be allowed. Following this period, for not longer
than thirty six (36) weeks of necessary absence, the employee shall be allowed the
difference between compensation allowed under the Workman's Compensation Act, and
full salary otherwise payable. Such employee, upon recommendation of the County
Administrator and upon satisfactory medical information, shall be entitled to
be paid, as aforesaid, for a period of time not to exceed the following:
1 to
5
years
employment -
12
weeks
5 to
10
years
employment -
24
weeks
Over 10 years employment - 36 weeks
After the period of disability stated above, the employee will be dropped
•
temporarily from the payroll and retirement benefits and employee will retain
compensation check for duration of disability.
The County will continue to pay the employer's share of insurance premiums
u
during the periods stated above. After the period of disability stated above,
.the County will continue the disabled employee's insurance coverages for a period
of one year after being dropped from the payroll, said coverage to be at the
expense of the employee.
If the employee is absent from work, as a result of injury, for longer than
three week period, the employee must reimburse the County for Workmen's Comp-
ensation payments received for the first seven (7) calendar days of absence.
100
Use of
Sick &...Vacation
Leave
- If
upon expiration of
the
compensation
period
stated
above
the employee is
unable
to return to duty,
the
employee may
apply
all or any portion of accrued and currently earned vacation or sick leave toward
additional required absence and be so compensated to the limit of such accrual
and earning. Compensation as may be allowed un the Workman's Compensation Act
shall not be deducted from these salary payments. Normal earning and credit of
vacation and sick leave shall be applied to the employee during the periods pre-
scribed in this paragraph and in compensation section. Where doubt exists that
any injury sustained by an employee has, in fact, arisen out of or in the course
of performance of duty, until proper ruling is made, absence shall be charged
to sick leave. When and if the injury is ruled to be job - related, then charge
for the absence will be changed to injury leave and all sick leave restored.
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.
RECOMMENDATION FOR THE COMMITTEE ON ENGINEERING & CODE ENFORCEMENT
Mr. Malcolm presented the recommendation from the Committee on Engineering
and Code Enforcement, and the following action was taken:
REQUEST FOR STREET ADDITION - STONEBROOK FARMS - SECTION VII - APPROVED
Upon motion made by R. Zhomas Malcolm and seconded by Will L. Owings,
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 as a street addition the following road
in Back Creek Magisterial District, Pursuant to the provisions of Section
33.1 -229 of the Code of Virginia, 1950, as amended:
Cooper's Lane from the intersection with Stonebrook
Road to the cul -de -sac, a distance of .128 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 476, Page 666 dated April 21,
1977.
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.
ADDITIONAL PARKING SPACES REQUESTED FOR HANDICAPPED ON PLAZA PARKING LOT
Mr. Malcolm stated that he would like to see additional spaces provided for
the handicapped on the Plaza Parking Lot.
After some discussion the board concurred that this should be referred to
the Committee on Engineering and Code Enforcement for further study.
RECOMMENDATION FOR THE COMMITTEE ON LAW ENFORCEMENT AND COURTS
Dr. Fish presented the recommendation from the Committee on Law Enforcement
and Courts and the following action was taken:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF FREDERICK, VIRGINIA
OF 1976 AS AMENDED, CHAPTER 15, ADOPTED JULY 12, 1978, REGARDING
SOLICITATION - FIRST AND SECOND READING
Dr. Fish stated that this ordinance had been suggested by the County Sheriff,
as door to door solicitation within the county has really become a problem.
CJ
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107
Mr. Stiles noted that there was no specific penalty set out in the ordinance.
The Board concurred to accept the penalty as stated in the County Code.
PLANNING DISTRICT 7 CRIMINAL JUSTICE PLAN UPDATE - APPROVED
Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the Planning District 7 Criminal Justice Plan update,
a copy of which is on file in the office of the County Administrator.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
• 11R. Thomas Malcolm and Kenneth Y. Stiles.
BOARD RECESSES
The Board recessed for ten minutes.
APPOINTMENT FROM BACK CREEK DISTRICT TO BOARD OF ASSESSORS APPROVED
Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings,
R. Thomas Malcolm and Kenneth Y. Stiles.
APPOINTMENT FROM GAINESBORO DISTRICT TO BOARD OF ASSESSORS APPROVED
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 recommend the appointment of Mr. Richard Clark, of Whitehall,
to the Board of Assessors from Gainesboro 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.
NOMINATION FOR SCHOOL BOARD MEMBER MADE FROM GAINESBORO DISTRICT
Dr. Raymond L. Fish stated that he had spent a great deal of time on this
selection and that it had been a difficult decision inasmuch as there had been
a number of qualified persons., that he had considered but that he had made a
final decision. He further stated that he felt this candidate for the position was
well qualfied and that he would like to nominate Mr. William S. Zirkle of Hayfield
to fill the vacancy on the Frederick County School Board, which vacancy will occur
• on June 30, 1979.
Mr. Koontz asked that Mr. Zirkle's name remain on the table until the first
meeting in June at which time a vote would be taken.
Mr. Stiles requested that Mr. Zirkle attend the May 23rd meeting of the Board
in order that he might answer any questions the Board might have.
The Board concurred.
SECOND MEETING IN JUNE CHANGED FROM JUNE 13th TO JUNE 12th
It was suggested that the second meeting in June be changed from June 13th
to June 12th due to graduation at local high schools.
The Board concurred.
BE IT RESOLVED, That
the Board of Supervisors of
the County of
Frederick,
'
Virginia, does herein recommend the appointment of Mr.
David Groth,
of Shawneeland,
to the Board of Assessors
from 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.
APPOINTMENT FROM GAINESBORO DISTRICT TO BOARD OF ASSESSORS APPROVED
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 recommend the appointment of Mr. Richard Clark, of Whitehall,
to the Board of Assessors from Gainesboro 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.
NOMINATION FOR SCHOOL BOARD MEMBER MADE FROM GAINESBORO DISTRICT
Dr. Raymond L. Fish stated that he had spent a great deal of time on this
selection and that it had been a difficult decision inasmuch as there had been
a number of qualified persons., that he had considered but that he had made a
final decision. He further stated that he felt this candidate for the position was
well qualfied and that he would like to nominate Mr. William S. Zirkle of Hayfield
to fill the vacancy on the Frederick County School Board, which vacancy will occur
• on June 30, 1979.
Mr. Koontz asked that Mr. Zirkle's name remain on the table until the first
meeting in June at which time a vote would be taken.
Mr. Stiles requested that Mr. Zirkle attend the May 23rd meeting of the Board
in order that he might answer any questions the Board might have.
The Board concurred.
SECOND MEETING IN JUNE CHANGED FROM JUNE 13th TO JUNE 12th
It was suggested that the second meeting in June be changed from June 13th
to June 12th due to graduation at local high schools.
The Board concurred.
s
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STUDENT GOVERNMENT DAY SET FOR MAY 15, 1979
The Board set May 15th as the Day for Student Government Day for Frederick
County.
CANCELLATION OF SECOND MEETING IN JULY AND FIRST MEETING IN AUGUST - APPROVED
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 cancel the second regular meeting in July (set for July
25, 1979) and the first regular meeting in August (set for August 8, 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.
W. FRENCH KIRK REAPPOINTED TO PLANNING COMMISSION
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 reappoint W. French Kirk to the Planning Commission for
a term of four years, said term to be from October 4, 1978 to October 4, 1981.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm,
Kenneth Y. Stiles, and Dr. Raymond L. Fish.
MANUEL SEMPLES REAPPOINTED TO THE LORD FAIRFAX COMMUNITY COLLEGE BOARD
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 reappoint Manuel Semples to the Lord. Fairfax Community
College Board, said term to be from July 1, 1979, to July 1, 1983.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm,
Kenneth Y. Stiles, and Dr. Raymond L. Fish.
BOARD TO MEET WITH DEPARTMENT HEADS
Dr. Fish asked that all Board members get their thoughts together in order
that they might meet in a work session with the department heads.
Mr. Koontz asked if the second meeting in June would be agreeable.
Dr. Fish asked about the next board meeting, which would be May 23rd.
Following discussion the Board agreed to have the work session with the
department heads following the second meeting in May (May 23rd).
CONCERNS:
L AY BUDGET COMMITTEE - FOR STUDY OF SCHOOL BOARD BUDGETS -
Mr. Stiles stated that he had spoken with Dr. Richard Keeler, Superintendent
of Warren County Schools, concerning their lay budget committee for the county
schools and that Dr. Keeler felt it had been most satisfactory.
Mr. Stiles further stated that he felt it was an idea that Frederick County
should consider.
LETTER SENT TO MR. SLUDER FROM PLANNING OFFICE QUESTIONED
Mr. Stiles stated that he felt the letter that had been sent to Mr. Sluder
of the Frederick County Health Department concerning his attendance at Planning
Commission meetings was offensive in its tone.
•
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•
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Mr. Rosenberger stated that the letter had been sent at the request of the
Planning Commission.
Mr. Stiles stated that he was aware of that, but he felt the tone was offensive.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings,
and passed unanimously, the Board retired into executive session in accordance
with Section 2.1 -344, Subsection (a) (1) of the Code of Virginia, 1950, as amended
to discuss legal matters i.e, the Poe Case.
BOARD WITHDRAWS FROM EXECUTIVE SESSIO
•
Upon motion made by Dr. Raymond L. Fish, seconded by Kenneth Y. Stiles,
and passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Dr. Raymond L. Fish, and seconded by Kenneth Y. Stiles,
and passed unanimously, the::Board reconvened into regular session.
UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED
•
THAT THE BOARD OF SUPERVISROS DO NOW ADJOURN.
of
Qv-
S8 retary, Board of Supervisors
A Regular Meeting of the Frederick County Board of Supervisors was held on
May 23, 1979 in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester,
Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman;
•
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Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles.
INVOCATION
The invocation was delivered by the Reverend William B. Epps of the
Brucetown Methodist Church.
APPROVAL OF MINUTES
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.the minutes of the Regular Meeting of this Board
held on April 24, 1979 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.
COUNTY SUPPLEMENT - $622 NEW EMPLOYEE CLERKS OFFICE APPROVED
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,
1
Virginia, does herein approve a county supplement in the amount of $622 for salary
of new employee in the Clerk's Office.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm,
Kenneth Y. Stiles and Dr. Raymond L. Fish.
110
BUDGET & TAX RATE FOR 1979 -1980 APPROVED
Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings,
WHEREAS, A notice of public hearing and budget synopsis has been published
and a public hearing held on May 9, 1979, in accordance with Title 15.1, Chapter 4,
Section 15.1 -162 of the Code of Virginia, 1959, as amended.
THEREFORE BE IT RESOLVED, By the Board of Supervisors of the County of
Frederick, Virginia, that the budget for the 1979 -1980 fiscal year, as outlined
in the document entitled "Fiscal Plan 1979 -1980, Frederick County, Virginia ", as
amended, be hereby approved in the amount of $25,375,184 and that appropriations
in the amount of $25,375,184 be hereby authorized for the 1979 -1980 fiscal year;
and,
BE IT FURTHER RESOLVED, That the Board of Supervisors of the County of
1.
Frederick, Virginia, does herein adopt the tax rate for the fiscal year 1979 -1980
as herein presented at a rate of $2.60 to be applied to real estate and the rate
of $4.00 to be applied to personal property; and,
BE IT FURTHER RESOLVED, That appropriations are hereby authorized for the
Northwest Regional Jail fund, Central Stores Fund', °'Special Welfare fund,
School Textbook Fund and Unemployment Compensation Fund equal to the total cash
balance on hand at July 1, 1979, plus the total amount of receipts for the fiscal
year 1979 -1980.
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.
$1,000 SALARY INCREASE FOR COUNTY ADMINISTRATOR - RESCINDED
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,
Virginia, does herein approve the rescinding of the $1,000 increase in salary
to the County Administrator that was approved at the April 4, 1979 Board Meeting
for fiscal year 1979 -1980.
The above resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Will L. Owings, Dr. Raymond L. Fish, and Kenneth Y. Stiles.
Nay - R. Thomas Malcolm and S. Roger Koontz.
FINANCE COMMITTEE RECOMMENDATIONS
Mr. Rosenberger presented the Finance Committee recommendations and the
following action was taken:
AL
ION -..$25
) TO KWICK KL
EXTRA S
Mr. Stan Pangle, Public Works Director, appeared before the Board and stated
that a supplemental appropriation of $25,000 to line item lOG -0266A was needed
in order that Kwick Klean, the county's refuse collector, might be paid for extra
services from October 25, 1978, - June 31, 1979.
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,
Virginia, does herein approve a supplemental appropriation in the amount of
$25,000 to line item lOG -0226A to be paid to Kwick Klean, the county's refuse
collector, for extra services from October 25, 1978, to June 31, 1979.
il l
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm,
Cenneth Y. Stiles and Dr. Raymond L. Fish.
COUNTY VEHICLE TRANSFERRED TO COUNTY SCHOOL BOARD - 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,
Firginia, does herein approve the transfer of title of a county vehicle to the
rederick County School Board.
The above resolution was passed.by the following recorded vote: Aye -
•
. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm,
Kenneth Y. Stiles and Dr. Raymond L. Fish.
6,579 APPROVED FOR LANDFILL TECHNICIAN TRAINEE
•
Mr. Stan Pangle
requested
that a
salary
of
$6,579 be
approved
for a
landfill
technician trainee.
He further
stated
that
he
felt this
position
would
held reduce
the overtime that has been necessary at the landfill, and that these monies would
come from the existing landfill fund.
Dr. Fish stated that he realized the trash had increased in the county, but
that it had been less than three years since the work force has been increased
at the landfill and he hoped this added position would take care of personel needs
for sometime.
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,
inia, does herein approve the position of Technician Trainee for the landfill
at a. yearly salary of $6,579.
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.
FEE FOR DOG TAGS SET AT $5.00 ACROSS.THE BOARD - APPROVED
Mr. Rosenberger asked the Treasurer, Dorothy Keckley, to address the Board
�
concerning the fees for dog tags.
Mrs. Keckley stated that she was opposed to there being two different fees
for dog tags, that she was opposed to it last year when it was discussed and she is
still opposed to it.
Mrs. Keckley further stated that she did not feel the Board had gained anything
•
by having two different fees and that she recommended there be a $5 fee across the
board for dog tags.
Dr. Fish stated that he did not intend to vote on this matter, but he felt
given a little more time that the two fees for tags would prove to be satisfactory.
Upon motion made by Thomas B. Rosenberger, and seconded by Will L. Owings,
BE IT RESOLVED, That the of Supervisors of -the County of Frederick,
�J
Virginia, does herein approve the fee for dog tags to be set at $5.00 across
the board.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, and R. Thomas Malcolm.
day - Kenneth Y. Stiles, Dr. Raymond L. Fish abastained.
112
LANDFILL RATE SET AT $3.85 PER TON EFFECTIVE JULY 26, 1979 - 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,
Virginia, does herein approve the landfill rate of $3.85 per ton, to become
effective July 26, 1979.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm, Kenneth
Y. Stiles, and Dr. Raymond L. Fish.
SCHOOL BOARD NOMINEE - WILLIAM ZIRKLE - APPEARS BEFORE THE BOARD
Mr. Koontz stated that inasmuch as legal action was pending against himself
as well as another Board Member concerning this issue that he woudld like for the
Board to wait until after June 4th when a decision is to be rendered by the courts
before interviewing Mr. Zirkle.
Mr. Koontz further stated that he had ask the Commonwealth Attorney for his
opinion concerning this interview and that it was his opinion that the interview
be held after June 4th.
Dr. Fish stated that since he made the nimination that he felt the interview
should not be removed from the agenda without the approval of the entire Board.
Dr. Fish Luther stated that Mr. Zirkle has been asked to appear before the
and for this interview and the fact that it had been advertised, he felt the
and should proceed with the interview.
Mr. Owings stated that the Board would not meet again until June 20th and he
felt there was no reason to continue this matter.
Dr. Fish asked the Chairman to relinquish his chair to the Vice Chairman and
that he and Mr. Malcolm abstain from this discussion with Mr. Zirkle.
Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors does herein agree to proceed
th the interviewing of Mr. William Zirkle, nominee for the Frederick County
School Board; and,
BE IT FURTHER RESOLVED, That Mr. Koontz, Chairman at Large, relinquish his
chair to the Vice Chairman, and that he and Mr. Malcolm abstain from this discussion.
The above resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Will L. Owings, Kenneth Y. Stiles and Dr- Raymond L. Fish.
Nay - S. Roger Koontz and R. Thomas Malcolm.
Mr. Rosenberger welcomed Mr. Zirkle to the meeting and asked the Board to
submit their questions to him concerning the School Board.
Dr. Fish asked Mr. Zirkle to tell the Board how this nomination came about.
Mr. Zirkle stated that he and Dr. Fish were talking one day when he expressed
his concern to Dr. Fish concerning the selection of School Board members. Dr. Fish
asked him if he was interested, and he stated, "Yes ". Dr. Fish told me he would
keep me in mind.
Mr. Zirkle further stated that a few months later he gave Dr. Fish a resume
land at a later date had a personal interview with him.
Mr. Stiles asked Mr. Zirkle to relate to the Board of Supervisors his general
(view of what the proper relationship with the School Board versus the Board of
Supervisors is.
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113
Mr. Zirkle stated that he.felt the School Board is primarily obligated to the
ation of the children of the County.
Mr. Zirkle further stated that the Board of Supervisors should be advised as
to what the School Board is doing.
Mr. Stiles asked Mr. Zirkle how he felt about school board employees and county
loyees as far as collective bargaining is concerned.
Mr. Zirkle replied that he was generally opposed to collective bargaining of
public employees.
Mr. Zirkle stated that he would plan to have open meetings two or three times
•
year with the people of Gainesboro District, in order that the public might express
their thoughts to him concerning school board issues.
Mr. Rosenberger asked Mr. Zirkle what his opinion was of School Board and
politics.
Mr. Zirkle replied "The further removed the better ".
Mr. Rosenberger thanked Mr. Zirkle for appearing before the Board, and that
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he hoped that through all of this Frederick County would have a better school
system.
Mr. Koontz asked Dr. Fish if he had interviewed all of the other candidates.
Dr. Fish replied, "Yes I did ".
Mr. Koontz stated that he would like the records to show that the Board had
totally disregarded the Commonwealth's Attorney opinion and proceeded with the
interview with Mr. Zirkle.
ROAD, RIGHT -OF -WAY, DEFINITIONS - APPROVED
Ms. Dorothea Stefen, Zoning Administrator, read the ordinance and explained
this amendment was necessary due to a change in definitions.
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,
Jirginia, does herein approve the following ordinance with the word "Public"
icken from the definitions of street, road, right -of -way.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING
ADOPTED JULY 12, 1978, TO AMEND ARTICLE I FRONTAGE AND ADOPT STREET,
ROAD, RIGHT -OF -WAY, DEFINITIONS
is
Frontage The minimum width of a lot measured from one side lot line to the
other along a line parallel to the street, road or right -of -way on which no
point shall be farther away from the street, road or right -of -way upon which
the lot fronts than the building setback line as defined and required herein.
For purposes of determining frontage, right -of -way shall not be construed
as frontage for a deeded parcel unless such right -of -way provides the only
means of access to said deeded parcel.
Street, road, right -of -way: A public thoroughfare which affords principal
means of access to abutting property(s) or deeded parcel(s).
This ordinance to be in full force and effect upon adoption by the Board
)f Supervisors of Frederick County, Virginia.
The above resolution was passed by the following recorded vote: Aye -
i
. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
Z. Thomas Malcolm and Kenneth Y. Stiles.
114
TO BOARD NO ACTION AT THI
Ms. Stefen stated that after some research concerning cost figures for
a Conditional Use Permit application, that the average cost was between $54 and
$70, and that this was just for advertising.
Mr. Stiles stated that he was not prepared to vote on this matter until
after the Board met in executive session to discuss various legal problems.
Mr. Rosenberger stated that the Planning Commission had met in work session
concerning this recommendation as well as updating of land use maps and conditional
zoning and for the time being it was the Planning Commission's concensus not to
proceed with this matter at this time.
SIDERATION OF INDUSTRIAL
T D RT.F.n
SS RO REQUEST - FORT COLLIER INDUS
Mr. I. Fred Stine, Jr. appeared before the Board and requested the Board to
grant his request for an endorsement of the application for Industrial Access
Funds for Fort Collier Industrial Park from the Virginia Department of Highways.
Mr. Stine described to the Board from a map of Fort Collier Industrial
located and why he would like the Board to endorse this application for funds.
Park, the location of this access road and where the different industries were
Mr. Rosenberger questioned Mr. Stine concerning Baker Lane and how this
figured into his plans.
Mr. Stiles asked about the traffic flow from the park onto Route 11, and
that with each additional industry that located in the park the traffic situation
would get worse.
Mr. Koontz stated that he felt the real problem of the matter was that the
more access road that is opened the more property that is opened and a greater
volume of traffic is generated, and there are times when the traffic on Route 11
at the entrance to the Park is completely bottlenecked and that he did not feel
that Mr. Stine had shown the Board that he had a solution to this problem.
Mr. Malcolm asked Mr. Stine about the ownership of Baker Lane.
Mr. Stine replied, that he did not know whether this road was a county road,
state road or private road.
Mr. Malcolm stated that to his knowledge this was not a public road, and the
state did not maintain it so therefore he felt it was a private road.
Mr. Rosenberger stated that he would like to see some assurance on Baker Lane,
las he felt this was the key to the whole issue.
Mr. Koontz stated that Mr. Stine needed to get this information together
(concerning who owns what on Baker Lane as the county could not do this.
Mr. Stiles stated that as supervisor of that area he would be willing to
1work with Mr. Stine on this matter.
Mr. Koontz stated that this matter should be tabled until such time as Mr.
Stine could meet with Mr. Stiles and get some definite answers on the status of
Baker Lane.
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,
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A
Virginia, does herein table the request of Mr. I. Fred Stine, Jr. for endorsement
115
of the application for Industrial Access funds for Fort Collier Park until such time
as he meets with Mr. Stiles and is able to obtain some definite answers on the
status of Baker Lane.
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. Kenneth Y. Stiles abstained.
BOARD RECESSESS
The Board recessed for 15 minutes.
APPOINTMENT MADE TO BOARD OF ASSESSORS FROM STONEWALL DISTRICT - APPROVED
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 appoint Mrs. A. P. Gregory (Stefanie) to the Board of
Assessors from Stonewall District.
The above resolution was passed by thei.'following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm and Kenneth Y. Stiles.
NOMINATIONS FOR EMERGENCY MEDICAL SERVICES COUNCIL - TABLED
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 table any further action on the nominations for the
Emergency Medical Services Council until the next meeting at which time a member
of this council will be asked to be present to answer questions concerning the
council.
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 ROAD ADDITIONS - OPEQUON ESTATES SUBDIVISION - SECTION I - APPROVED
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 request the-Virginia Department of Highways & Transportation
to accept into the Secondary Road System, Riverdale Circle, in Opequon Estates
Subdivision, Section I, pursuant to the provisions of Section 33.1. -229 of the
Code of Virginia, 1959 as amended:
Riverdale Circle, from Route 664 to .46 miles southeast to cul -de -sac,
length .46 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 385, Page 196, dated
December 20, 1971;
BE IT FURTHER RESOLVED,. That this request is contingent up 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.
116
SUBDIVISIONS
GREENWOOD HEIGHTS - LOTS 70A & 70B - APPROVED
Mr. Renalds presented the subdivision request for Lots 70A and 70B in Green-
wood Heights Subdivision and stated that all the requirements had been met.
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 the request for Lots 70A and 70B in Greenwood
Subdivision.
The above resolution was passed by the following recorded voter Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm and Kenneth Y. Stiles.
LONE OAK SUBDIVISION - LOTS 4 & 5 - APPROVED
Mr. Renalds presented the subdivision request of Mr. J. R. Huffman for lots
4 & 5 in Lone Oak Subdivision and stated that all the requirements had been
met.
Upon motion made by Will L. Owings and seconded, by Thomas B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the request for lots 4 & 5 of Mr. J. R. Huffman,
in Lone Oak 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,
R. Thomas Malcolm..and Kenneth Y. Stiles.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
and passed unanimously, the Board retired into executive session in accordance
with section 2.1 -344, Subsection (a) (6) of the Code of Virginia, 1950 as amended
to discuss legal matters.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Thomas B. Rosenberger, seconded by Kenneth Y. Stiles,
and passed unanimously, the Board withdrew from executive session.
BOARD RECONVENES INTO REGULAR SESSIO
Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles
and passed unanimously, the Board reconvened into regular session.
CUP FEE TABLED UNTIL POE CASE IS FINALIZED
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 table the fee for conditional use permits until such time
as the Poe Case in finalized.
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 DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT
THE BOARD OF SUPERVISORS DO NOW ADJOURN UNTIL MAY 29, 1979, AT 7:30 P.M.
sors
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