May 29, 1979 to June 20, 1979An Adjourned Meeting of the Frederick County Board of Supervisors of was
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held on May 29, 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, and Kenneth Y. Stiles. Absent - R. Thomas
Malcolm.
The Chairman called the meeting to order.
Mr. Koontz noted the purpose of this meeting was to review the pay plan
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and to possibly address a plan of work.
Mr. Koontz noted that a salary adjustment sheet had been received from the
(Finance Committee.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L.
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Fish, and passed unanimously, the Board retired into Executive Session in
accordance with Section 2.1- 344(a) Subsection 1, of the Code of Virginia, 1950,
current employees.
l as amended to discuss personnel, with Department Heads specifically salaries of
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles,
land passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Dr.Raymond L. Fish, and
passed unanimously, the Board reconvened into Regular Session.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED
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THAT THE BOARD OF SUPERVISORS' DO NOW ADJOURN UNTIL JUNE 20, 1979 AT 7 P.M.
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S retary,
Supery
An Adjourned Meeting of the Frederick County Board of Supervisors was
held on June 20, 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 Conrad Christianson of the
Bethel Lutheran Church.
The Chairman called the meeting to order.
TPPROVAL OF MINUTES
4he following correction to the minutes of May 23, 1979 was approved:
Page 11 - where it speaks of appointment to the Board of Assessors-
The district is listed as Gainesboro, it should read Stonewall.
Cpon 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,
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Virginia, does herein approve the minutes of the Regular Meeting of May 9, 1979;
the Regular Meeting of May 23, 1979 with correction as stated above, and the
Adjourned Meeting �of °May:'29 1979..
She 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.
IEQUEST FOR STREET ADDITIONS - COLLEGE PARK SUBDIVISION - APPROVED
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
EE 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, Yale Drive and Harvard Drive in College
Park Subdivision, Pursuant to the Provisions of Section 33.1 -229 of the Code of
Virginia, 1959, as amended:
Yale Drive, from Route 795 to .11 of a mile of Vassar Circle
Harvard Drive, from Route 795 to Yale Drive .10 of a mile
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 261, Page 210,
dated December 31, 1959, Deed Book 348, Page 132, dated November 15, 1968, Deed
Book 404, Page 695, dated February 26, 1973, and Deed Book 490, Page 90, dated
April 18, 1978;
BE IT FURTHER RESOLVED, That this request is contingent upon the posting
of a proper and acceptable bond with the Virginia Department of Highways.
9he 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.
FEQUEST FOR CERTAIN STREETS IN FREDERICKTOWNE SECTION III BE TAKEN INTO
SECONDARY HIGHWAY SYSTEM - TABLED
W. Dennis McLaughlin, representing Fredericktowne, appeared before the
Board and requested the Board to take a portion of Westmoreland Drive, Wythe
Avenue and Essex Circle into the Secondary Highway System inasmuch as Mr. King,
of the Highway Department had stated to him that they were ready to be taken in.
W. Owings stated that he had checked on these streets and he found that
there was work that needed to be done on the shoulders on Westmoreland Avenue
and that there was a drainage problem on Essex Circle which was causing a swamp
on both sides of the street.
Mr. McLaughlin stated that the Board could be assured that Fredericktowne
would make these necessary corrections and he would again ask the Board for their
approval of this request.
Leon 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 table the request of Fredericktowne, Section III, for portions
of Westmoreland Avenue, Wythe Avenue and Essex Circle to be taken into the secondary
road system until such time as the shoulders on Westmoreland Avenue and the
drainage problem on Essex Circle are corrected.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
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R. Thomas Malcolm and Kenneth Y. Stiles.
PBANDONMENT OF 804 - APPROVED
[Pon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
EE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
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Virginia does herein approve the abandonment of Route 804 inasmuch as the notice
has been posted and published and there has been no petition to hold a public
hearing concerning this abandonment.
9he above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L.
Owings, R. Thomas Malcolm, and Kenneth Y. Stiles.
SITE PLANS
EVERETT G. EMERSON - SITE PLAN #029 -77 - APPROVED
M;. Stefen presented the site plan of Everett G. Emerson and stated
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that the Planning Commission recommended approval of said site plan.
147. Emerson appeared before the Board on behalf of his site plan
consisting of 1 acre for revision of topography and the number of parking
spaces.
[Pon motion made by Kenneth Y. Stiles and seconded by Thomas B.
Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the site plan request of Everett G. Emerson
consisting of 1 acre for revision of topography and the number of parking
spaces.
9he above resolution was passed by the following recorded vote:
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Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L.
Owings, R. Thomas Malcolm and Kenneth Y. Stiles.
DRUG TOAN - SITE PLAN #023 -78 - APPROVED
M. Stefen presented the site plan revision of Doug Toan for five
acres. This revision
is to
include two new buildings.
The Planning Commission
recommends approval of
this
site plan request.
Yr. Toan appeared before the Board on behalf of his site plan revision
and stated that these two buildings were to be identical to the one that is
already there.
Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein approve the site plan revision for five acres of Doug Toan.
'llze 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.
XBDIVISIONS
PSH HOLLOW ESTATES - REQUEST FOR 61 LOTS - APPROVED
tossers John Safarnas and Harry Hicks appeared before the Board on behalf
=of their.request. They stated that the third party owner was Mr. Vernon Racer
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and that this request was for 61 lots to be used for the building of 61
townhouses.
Yr. Malcolm raised the question as to whether or not an impact
study had been done on this request, inasmuch as he was under the impression
that before Mr. Cole left the Board it had been decided that when a request
for a large subdivision was submitted an impact study was to be done.
Mr. Safarnas stated that this property has been rezoned since 1976.
Mr. Stiles asked if any member of the staff had told these gentlemen
that an impact study would be necessary.
M;. Stefen stated that she was unfamiliar with any Impact Study
being required.
W. Koontz asked M r. Rosenberger to address this problem with the
Planning Commission at their next meeting.
Mr. Rosenberger stated that they had a planned work session on
Tuesday, June 26th, and this would be addressed at that time.
Upon motion made by Kenneth Y. Stiles and seconded by Thomas B.
Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein approve the subdivision request of
Messers Safarnas, Hicks and Racer for sixty -one (61) lots in Ash Hollow
Estates in Stonewall District for the construction of townhouses.
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.
SJNSET ESTATES SUBDIVISION - ROBERT L. MCINTIRE - APPROVED
Mr. Renalds presented this subdivision request of Robert L. McIntire
and stated that it was for the expansion of lot 2 in Sunset Estates.
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 request of Robert L. McIntire
for the expansion of lot 2 in Sunset Estates.
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.
FREDERICTOWNE SUBDIVISION -_
REALIGNMENT RE QUEST-
Mr. Renalds presented this subdivision request and stated that this
request was being made in order that a realignment of a right -of -way might
be done in order to gain access for future development. The location of this
realignment would be on Wythe Avenue, lots 50, 51 & 52 in Section III.
Leon 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 Fredericktowne, Section III, for
a right -of -way realignment of lots, 50, 51 & 52 on Wythe Avenue.
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'Ilse above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will
L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles.
PUBLIC HEARINGS
2MAP AMENDMENT OF REIMER'S ELECTRA STEAM, INC. REQUEST FOR
REZONING FROM AGRICULTURE - GENERAL (A -2) TO INDUSTRIAL LIGHT
( M -1 ) IN STONEWALL DISTRICT - APPROVED
Mr. L. J. McCormick, President of Reimer's Electra appeared
before the Board on behalf of this rezoning.
There was no opposition to this rezoning.
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
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Frederick, Virginia, does herein approve the following rezoning
request on third and final reading:
ZMAP AMENDMENT PETITION NO. 005 -79 OF REIMER'S ELECTRA STEAM,
INC., CLEARBROOK, VIRGINIA, REQUESTING THAT 12.9418 ACRES
EETWEEN U. S. ROUTE 11 AND I -81 NOW ZONED AGRICULTURAL - GENERAL
( A -2 ) BE REZONED: INDUSTRIAL LIMITED ( M -1 ). THIS PROPERTY
IS DESIGNATED AS PARCELS 100 AND 101 ON TAX MAP NO. 33 AND IS
IOCATED IN THE STONEWALL MAGISTERIAL DISTRICT.
'Ilse above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish,
Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles.
CUP #008 -79 - GROUP 44, INC. - WITHDRAWN
CUP #009 -79 OF RICHARD AND MERLE KERNS FOR OPERATION OF
GROCERY STORE - APPROVED
Yr. Kern apppeared before the Board on behalf of:this CUP for
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the reopening of an old grocery store which is to be remodeled and a
storage area added.
It. Stefen stated that gasoline pumps needed to be added to the
staff recommendations.
9here was no opposition.
Lpon motion made by Dr. Raymond L. Fish and seconded by Thomas
B. Rosenberger,
EE IT RESOLVED, That the Board of Supervisors of the County of
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Frederick, Virginia, does herein approve the CUP of Richard and Merle
Kern to reopen and remodel an old grocery store.
The above resolutions was passed.by the following recorded
vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L.
Fish, Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles.
CUP #006 -79 OF GERALD P. DEHAVEN - APPROVED
Yr. DeHaven appeared before the Board on behalf of his request
for the use of an existing garage for automatic transmission repair.
M^. DeHaven stated that he could not guarantee that there would
be no more than five vehicles on the lot at one time as was stipulated
in the recommendations from the Virginia Department of Highways.
Mr. Rosenberger stated the reason for this stipulation being
that there have been some objections to this permit and thus the reason
for the 5 car limit.
W. DeHaven stated that he could not see why he had to have a permit
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to work when this garage had been in operation for 31 years.
M. Stefen stated that the property was not zoned for what
Mr. DeHaven wanted to use it for.
Mr. Gregory Bishop appeared before the Board on behalf of
Mr. Dehaven and asked the Board the difference between general auto-
motive repairs and light business as it appeared in the County Code.
M. Stefen asked Mr. DeHaven if his work was limited to auto-
matic transmissions.
Mr. DeHaven replied, no.
Mr. Malcolm stated that he felt the residents of this area were
mainly concerned about this location becoming a junk yard, but that
they were not opposed to Mr. DeHaven having his business there.
Mr. Joe Huffman appeared before the Board on behalf of Mr.
DeHaven and stated that he had operated this garage for the last 31
years, and that it had been a continuing operation and had not been
abandoned as Mr. Ron Berg, past Planning & Development Director had
stated.
Mr. Koontz asked the staff to check into this matter and report
back to the Board as to whether or not this garage has been operating
on a daily basis.
There was no opposition.
Lyon 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 the request of Gerald P. DeHaven
for a CUP for the use of an existing garage for automatic transmission
repair, with the stipulation that no more than five cars be parked at the
garage at one time and that this permit be renewed annually and that it
will be a one person operation.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will
L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles.
CUP #020 -78 OF JAMES L. & DONNA POWELL - OPEQUON DISTRICT -
IPPROVED
Mr. & Mrs. Powell appeared before the Board on behalf of their
CUP for the operation of an automatic transmission repair shop.
There was no opposition.
Lyon 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 James L.
and Donna Powell for a CUP for the operation of an automatic trans-
mission repair shop in Opequon District.
The above resolution was passed by the following recorded vote:
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Aye S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish,
Will L. Owings, R.. Thomas Malcolm and Kenneth Y. Stiles.
AN"ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21,
3DNING, ADOPTED JULY 12, 1978, TO AMEND SECTIONS 21 -16 (r).
Mr. Renalds read this ordinance and stated it was being done
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in order that non profit organizations might erect their organizational
signs.
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 ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21,
20NING, ADOPTED JULY 12, 1978, TO AMEND SECTIONS 21 -16 (r),
21 -26 (r), 21 -36 (I), 21 -44 (I), 21 -52 (n), 21 -90 (x), and
21 -101.2 (1) TO READ:
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Church bulletin boards and identification signs and signs
fbr:non profit service clubs and charitable associations,
off - premise signs not to exceed eight square feet.
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.
RDINANCE TO AMEND THE CODE OF COUNTY OF FREDERICK,
INIA, OF 1976, AS AMENDED, CHAPTER 15, ADOPTED JULY 12
, REGARDING SOLICITAION - TABLED
Mr. Renalds presented this ordinance.
Mr. Eston Rudolph, Commissioner of Revenue, asked if any
type of survey had been done on this ordinance with regards to other
jurisdictions.
Mr. Rosenberger stated that he would recommend that this
ordinance be referred back to the Committee on Law Enforcement and
Courts for further study.
Lpon motion made by Thomas B. Rosenberger and seconded by Will
L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County
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of Frederick, Virginia, does herein table the following ordinance and
refer it back to the Committee on Law Enforcement & Courts for further
study:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF FREDERICK, VIRGINIA,
CF 1976, AS AMENDED, CHAPTER 15, ADOPTED JULY 12, 1978,
REGARDING SOLICITATION
She 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.
ER. TERRY SINCLA AND NEIL STALLINGS APPEAR
CN BEHALF OF EMS COUNCIL TO ASK FOR BOARD'S ENDORSEMENT -
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Dr. Terry Sinclair explained to the Board about the EMS
Council and why he felt it would be beneficial for the Board to
give their endorsement to the EMS Council and how it would benefit
the County.
Mr. Rosenberger asked Mr. Stallings how the area rescue squads
would be connected with this program.
W. Stallings replied, that the Council had heard from a number of
the area Rescue Squads concerning this and that they had given the
Council their support.
W. Stiles asked Dr. Sinclair what would happen when the grant
monies ran out.
Dr. Sinclair replied, that he did not know.
Mr. Stiles asked Dr. Sinclair if he would anticipate coming
back before the Board for money if this did happen.
Dr. Sinclair stated that he could not answer this.
Mr. Rosenberger asked if the standards set up by the State for
Rescue Squad personnel weren't more rigid this year than last.
W. Stallings replied, that they were and that the EMS Council
would help the rescue squads with personnel training in order to help
them meet these state standards, and if the Board would not approve
this request he felt it would be a direct slap in the face to the volunteers
in the county rescue squads.
Lpon motion made by R. Thomas Malcolm and seconded by Will L. Owings,
B; IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia does herein approve the following names for the
Board of Directors of the Lord Fairfax Emergency Medical Services
Council:
Representing Consumers: Mr. Lewis Ewing_
representing Government: Mr. Bruce Edens
Representing Physicians: Dr. John E. McAllister
Representing Rescue Squads & Fire Companies: Mr. Neil A. Stallings
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 RECESSES
9he Board recessed for 15 minutes
FINANCE COMMITTEE RECOMMENDATIONS
Mr. Rosenberger presented the Finance Committee recommendations
and the following action was taken:
RESOLUTION FOR BUDGET ADJUSTMENTS AND TRANSFERS FOR THE
RCHOOi. ROARD FOR THE END OF THE YEAR CLOSING - APPROVED
Leon motion made by Thomas B. Rosenberger and seconded by
Dr. Raymond L. Fish,
B; IT RESOLVED, by the Frederick County Board of Supervisors
that the following budget adjustments and•appropriatioris'for. the fiscal
year 1978 -1979 be hereby approved for the Frederick County School
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L Increase the Special Education Fund appropriation R23 to
include any additional amounts to be received that were not anticipated
At the,time of budget presentation.
2. Increase School Food appropriation R27 to include any additional
funds that might be received in June in order that payment can be made to
the respective schools. (All School Food Funds are 1008 Federal and
State money - no local funds involved except $1,200, for School Lunch
Tickets).
3. Increase the budgeted amount anceihtiwe ?F.urids .totrdflett
actual receipts and to enter the additional amount on.the disbursement
side as needed to cover deficit items. (The actual amount for this
item is not available until May of the following year after the budget
has been approved).
4. Increase Title I Funds to include any amounts received in the
1978 -79 year that were not budgeted or estimated and to spend any or all
extra funds as needed to operate the Title I Projects. (These funds are
all 1008 Federal Money and represent no local funds).
5. Add to the 1978 -79 Budget all receipts from CETA and to include
expenditures for the fiscal year.
6. Transfer the appropriation for the salary of Visiting Teacher
for the fiscal year from 17C- 129 -000 to 17B1 -134C -010.
7. Transfer amounts from categories with a surplus to cover
anticipated deficits 17D1 (transportation).
8. Transfer the cost of 6 buses ($85,485.12), from Capital Outlay
17- 900 -40OA -000 to 1702 -400 Replacement of Buses.
9. Transfer.$326.10 from the appropriation 17D2 -411A to 19-
400A -000 to cover the deficit in item 19 -40OA -000 - new buses.
10. Transfer from 17D- 2110 -000 to 17F1- 398 -000 the cost of insurance
on cars and other motor vehicles.
1 L Transfer from 17D1 -300 and 17D1312 to 17F1- 398 -000 the cost
of repairs, parts, etc. of cars and other motor vehicles.
12. Add to the 1979 -80 Budget the sum of $3,096.97 which represents
an allocation of carry over funds for Title IV -C - E &S Center which were
awarded to Frederick County, as the Fiscal Agent in 1977 -78.
131. Transfer budgeted funds in Special Education 17B -134C to cover
expenditures in 17L -134C.
14. Transfer budget salary of Nurse Home School Coordinator in 17C-
127 to cover 17L0 -199A -010.
15. Add to the 1978 -79 Budget the receipt and expenditure amount
of $2,500.00 which represents the allocation given to the School Board for
a Title IV -C Adopter Grant (1008 Federal).
16. Reduce R54 Local Bond issues in the amount of $1,500,000.00 and
reduce 19 -601A - New Senior High School by the same amount.
17. Add $21,767.78 to R56 Proceeds from Bond Issue which represents
interest received on the $1,000,000.00 loan in Item 16 above.
18. Transfer Audio - Visual funds in the amount of $1,270.49 from
17B2- 2350 -000 and $155.17 from 19A -403A -000 to 19A7403G-000.
19. Transfer to the Board of Supervisors all Impact Funds received
during the 1 -79 fiscal year. (At the present time the School Board
has received $14,281.76 and does not anticipate any further funds prior
to June 30, 1979) .
20. Add to 20 -803A Interest on Bonds the amount of $28,600.00 which
represents interest to be paid on the $1,000,000.00 borrowed on May 2, 1979
and which is to be paid on June 15, 1979.
21. Add $15,458.00 Unanticipated State Funds received for Free
Textbooks to be transferred to textbook fund.
22. Add $32,244.16 Federal Title IV -C carry over funds received in
1978 -79 fiscal year for 1977 -78 year of operation and apply these funds
toward the cost of Federal Title IV -C operation for 1978 -79.
23. Add $32,391.16 Title VI -B carry over funds received in 1978 -79
fiscal year for 197,7=73 year of operation and apply these funds as needed
to offset deficits in other areas.
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24. Transfer to the Building Fund From State Receipts Vocational
Equipment funds received for reimbursable equipment that was paid`from..the
Building Fund.
25. Transfer to the 1979 -80 School Operating Budget any unused
funds remaining at the end of the fiscal year 1978 -79 not to exceed
$20,000.
26. Add to the 1978 -79 budget the sum of $8,186.25 which represents
carry over expenditures in Title VI -B from the 1977 -78 school year.
27. Add amounts received (not anticipated at budget preparation
time) to cover any undetermined deficits in the 1978 -79 fiscal year.
28. Permission to amend the 1978 -79 school budget in order to be
able to add unanticipated funds and to transfer amounts from one category
to another to provide for deficits in such categories.
9he 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 ADMINISTRATOR AUTHORIZED TO MAKE APPROPRIATION TRANS-
FERS WITHIN GENERAL OPERATING FUND UP TO A $1,000 PER TRANS
FER TO CLOSE OUT FISCAL YEAR 1978 -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 authorize the County Administrator to
make appropriation transfers within the General Operating Fund up to a
limit of $1,000 per transfer to close out the County's records for Fiscal
Year 1978 -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.
CDMMITTEE ON LAW ENFORCEMENT & COURTS RECOMMENDATION
Dr. Fish presented the recommendation from the Committee on
Law Enforcement and Courts and the following action was taken:
INSTA -PHONE CONTRACT - 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 approve the Insta -Phone Contract modifi-
cation as submitted.
COMMONWEALTH OF VIRGINIA
OFFICE OF EMERGENCY & ENERGY SERVICES
AGREEMENT
This Agreement between the Virginia State Office of Emergency
& Energy Services and the Political Subdivision (s) indicated below is
in support of the Virginia State Warning Plan.
It is agreed the Virginia State Office of Emergency & Energy
Services will be the Administrative, Fiscal and Contract Office and will
perform the following acts:
1. Accept payments from the political subdivision (s)
for their share of the Insta -Phone telephone costs.
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2. Contract with telephone company for service.
3. Procure, as available, those Federal and /or State funds
to assist in defraying costs of the system.
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4. Administer the system in accordance with
those plans and concepts expressed within
this document and the Virginia State Warning
Plan, to provide for reliable and rapid warning
to the political subdivision (s) indicated below.
It is agreed that the political subdivision (s) indicated
below will:
L Accept the telephone service (Insta- Phone) and use
it for warning purposes as contained in the Virginia
State Warning Plan and in accordance with Local Warning
Plans.
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2. Pay to the Virginia State Office of Emergency &
Energy Services the political subdivision (s) share
of the costs of the system on an annual basis, in
advance not to exceed $500.00 per annum. The per
annum cost will be negotiable from year to year because
of possible fluctuations in telephone rates.
3. Keep an approved standard operating procedure
posted at the Insta -Phone instrument for immediate
use giving current telephone numbers and /or other
information as to how the Emergency Services Director of
his agent (Coordinator, etc.) may be reached for warning
purposes.
4. Abide by reasonable rules of conduct and language as may
be indicated by common sense or otherwise spelled out
in directives from the Virginia State Office of Emergency
& Energy Services.
`Iliis Agreement is for a period from July 1, 1979 to June 30,
1980 It is automatically renewed for a one -year period on each June
30 thereafter unless notice is given in writing ninety (90) days or
more prior to the anniversary date of the agreement or unless it is
cancelled with ninety (90) days written notice at any other time either
from the political subdivision to the Virginia State Office of Emergency
& Energy Services or conversely.
Official:
State Coordinator
The above resolution was passed by the following recorded
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vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L.
Fish, Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles.
WILLIAM L. ZIRKLE APPOINTED TO SCHOOL BOARD FROM GAINESBORO
DISTRICT
(Date)
(Date)
Mr. Malcolm read the following statement:
VAthin this whole school board selection process, we've dealt
too long in what different individuals think or want to believe
because it fits their own particular views on the subject. It
also goes without saying that there has also been some changing of
opinions by those in positions of responsibility to the extent that
no one really knows (for sure) just what can or can not happen.
r1he principle involved in this issue is too important to be left
to the whims of a few individuals or interest groups.
(Authorized Official)
(Title)
128
When I decide whether or not I will vote, I want the decision to
rest on a sound legal foundation.
It is obvious that there is no clear legal foundation for action
on my part in the selection of the school board member for Gainesboro
District. However, I'm confident that there will be a resolution
of this matter and that the court will recognize my right to participate.
Therefore, until all these matters have been clarified and to
avoid any possible cloud surrounding the dignity and integrity of
the school board seat - I do disqualify myself from any further involy-
ment in this issue and will abstain when asked to vote!
Mr. Koontz read the following statement:
(he of the privileges - the 'auerage'American- .hAS;-is =to' -part
icipate in his government by voting personally, and to elect a
representative to vote for him.
I believe these are basic American privileges and not to be taken
lightly.
I have hired Counsel who has accumulated a great deal of
material which established that we do have the right to vote -the
Court has denied an injunction against voting.
r1he Commonwealth Attorney, Mr. Ambrogi, has thus far refused
to act upon this material, consequently, I have this day entered
suit in the Circuit Court of Frederick County seeking a Declaration
of right whether as an elected official I have a right to vote on
certain matters that come before this Board.
Fb have the right acting on the advice of Counsel, the Chair
feels I have a perfect right to vote on this school board selection,
and if my vote would affect the outcome I would vote.
However, It is important that every attempt be made to clarify the
law, so that it is not a constant issue clouding the larger issue of
good government.
I have tried constantly since the latest Court decision to get
a response from the Commonwealth Attorney on material sent to him, and he
is the only one at this level that can respond.
Therefore, there is no alternative except to go to Court as we
have done this day.
I do not wish to unnecessarily complicate a speedy solution
of the problem.
Therefore, in respect of the law as it now stands - The chair
abstains from voting, and directs the Vice - Chairman to conduct the vote
on this nomination.
Lpon motion made by Dr. Raymond L.ish and seconded by Kenneth Y.
Stiles.
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein approve the nomination of William
L. Zirkle to the Frederick County School Board for the term of four years
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commencing July 1, 1979 and ending June 30, 1983 from Gainesboro District.
`Ile above resolution was passed by the following recorded vote:
Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and
Kenneth Y. Stiles. Abstaining - S. Roger Koontz and R. Thomas Malcolm.
Dr. Fish made the following statement:
I would just like to make the observation that I take extreme
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objection to the witticising and the posturing that has been done
here tonight in the face of the statement and position that the chair has
taken on this issue at previous meetings.
I also would like to further register my objections to the pro-
cess which this Board has established for making.this appointment which
in itself has led to most of the problems incident to the procedure.
If it had not been that this was left out in the open to ferment
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for sixty days, I don't think half of this problem would ever have,ari'sen
and I don't think':we would !ever :have �had•!this misleading,; confusing
information -the half witted editorialization that some of the press
have put out, and I think the whole thing ought to be reconsidered.
WS. RALPH BASSETT REAPPOINTED TO THE SOCIAL SERVICE BOARD
FROM OPEQUON.DISTRICT - APPROVED
Upon motion made by Will L. Owings and seconded by R. Thomas
Malcolm,
M IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein reappoint Mrs. Ralph Bassett
to the Social Services Board for a term of four (4) years, said
term to commence July 1, 1979 and terminate on June 30, 1983.
She 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.
HJBERT STRATTON REAPPOINTED TO THE BOARD OF BUILDING
PPPEALS - APPROVED
Upon motion made by Thomas B. Rosenberger and seconded by Kenneth
Y. Stiles,
;BE IT RESOLVED, That the Board of Supervisors of the County
is
of Frederick, Virginia does herein reappoint Mr. Hubert Stratton
to the Board of Building Appeals for a term of five (5) years,
said term to commence on June 27, 1979 and terminate on June 26,
1984.
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.
IENNETH Y. STILES APPOINTED TO SERVE ON PRIME AGRICULTURAL
LANDS COMMITTEE AS BOARD REPRESENTATIVE - APPROVED
Lyon 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 appoint Mr. Kenneth Y. Stiles to serve
on the newly organized Prime Agricultural Lands Committee as the Boards
representative at the request of the Planning Commission.
130
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21. ZONING. ADOPTED JULY 12, 1978 TO AMEND ARTICLE V,
Iwi7, iyA:RIN
Mr. Renalds read the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING, ADOPTED JULY 12, 1978 TO AMEND ARTICLE V,
SECTION 21 -37; (b) SECTION 21- 37,(c); SECTION 21 -39
ARTICLE VI, SECTION 21 -45, (b); SECTION 21 -45, (c)
SECTION 21 -47; ARTICLE VII, SECTION 21 -53, (b) and SECTION
21 -53, (c).
ROAD ADDITIONS
REQUEST FOR STREET ADDITIONS - WELLTOWN ACRES - APPROVED
Mr. Renalds presented the request of Well town Acres and
stated that with the exception of a few minor repairs this request
was in order.
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 and Transportation to accept into the Secondary Road
System, Sterrett Drive, in Welltown Acres, pursuant to the provisions
of Section 33.1 -229 of the Code of Virginia, 1959, as amended:
Sterrett Drive, Section I, off of Route 663, approximately .13
feet in length
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 410, Page 601, dated June 11, 1973; and Deed Book 490,
Page 426, dated April 24, 1978.
BE IT FURTHER RESOLVED, That this request is contingent upon
the posting of a proper and acceptable bond with the Virginia Department
of Highways.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish,
Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles.
REQUEST FOR STREET ADDITIONS - GREEN ACRES SUBDIVISION -
SECTION 5 - APPROVED
Upon motion made by R. Thomas Malcolm and seconded by Kenneth
Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein request the Virginia Department
of Highways & Tranportation to accept into the Secondary Road
System, Twin Hill Circle, Hill Top Terrace, and Altavista Drive,
in Green Acres Subdivision, Section 5, pursuant to the provisions
of Section 33.1 -299 of the Code of Virginia, 1959, as amended:
Twin Hill Circle
from
1231
to .03 miles
West
- .03
in length
Twin Hill Circle
from
1232
to .05 miles
East
- .05
in length
Hill Top Terrace
from
Route
744 to .08
miles
South
- .08 in
length
Altavista Drive
from
Route
1233 to .15
miles
South
- .15 in
length
Total mileage -
.31
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 386, Page 531, dated February 3, 1972;
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BE IT FURTHER RESOLVED, That this request is contingent upon
the posting of a proper and acceptable bond with the Virginia Department
of Highways.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish,
Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles.
REQUEST FOR STREET ADDITIONS - SENSENY HEIGHTS SUBDIVISION -
APPROVED
Upon motion made by R. Thomas Malcolm and seconded by Thomas
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B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of
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Frederick, Virginia, does herein request the Virginia Department of
Highways & Transportation to accept into the Secondary Road System,
Williamson Road and Stafford Drive, in Senseny Heights Subdivision,
pursuant to the provisions of Section 33.1 -229 of the Code of Virginia,
1959, as amended:
Williamson Road, Route 657 to .02 of a mile North of Massie Drive -
.26 in length
Stafford Drive from Massie Drive to Williamson Road - .07 in
length
BE IT FURTHER RESOLVED, That this Board does guarantee the
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Commonwealth of Virginia an unrestricted right -of -way of sixty (60)
feet with necessary easements for cuts, fills and drainage recorded
in Deed Book 272, Page 448, dated June 21, 1961; Deed Book 399,
Page 93, dated August 1, 1972; Deed Book 484, Page 524, dated June 15,
1976; and Deed Book 504, Page 161, dated January 24, 1979.
BE IT FURTHER RESOLVED, That this request in contingent upon
the posting of a proper and acceptable bondlwith'�the Virginia Depart-
ment 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.
REQUEST FOR PORTION OF 805 TO BE ABONDONED - 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
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Frederick, Virginia, does herein approve the request of Mr. & Mrs.
Allen Lynn Myers, Jr. for abondonment of approximately 200' of
Route 805 in Gainesboro District.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymong L.
Fish, Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles.
MONTHLY STAFF REPORT - ACCEPTED
After review the monthly staff report was accepted.
JOINT MEETING WITH CITY COUNCIL AND FWSA SET FOR JULY
11, 1979
132
Mr. Renalds announced that a joint meeting of the Board
with the City Council and FWSA had been scheduled for July 11th.
BOARD TO MEETH WITH PLANNING COMMISSION ON AUGUST 22, 1979
The Board will meet with the Planning Commission on August
22, 1979 in a joint public hearing concerning camp grounds.
MR. CHILES O F THE HIGHWAY DEPARTMENT ADDRESSE
CUTS WITHIN
) CONCERNING
Mr. Chiles advised the Board that as of July 1 of this year
any construction work done by the Highway Department would be let
out for bid as his personnel has been cut some 32 positions in
the past four years due to cuts within his budget.
He further stated that the price for this construction work
would double inasmuch as the work would now be done by contractors
rather than by the highway department personnel.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles and seconded by Thomas B.
Rosenberger, 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 and seconded by
Kenneth Y. Stiles, and passed unanimously, the Board reconvened into
regular session.
I. FRED STINE ADDRESSES THE BOARD AND SUBMITS LETTER
FOR THEIR CONSIDERATION
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 agree to remove from table
the request of I. Fred Stine for Industrial Access Funds in
order that it might be discussed by the Board.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish,
Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles.
Mr. Stine discussed the contents of his letter with the Board
re: Industrial Access Road and additional access from his industrial
park to Baker Lane.
Mr. Stine stated that he had access to Baker Lane but Baker
Lane is not currently available for access, but that it does need to
be improved and the right -of -way status of Baker Lane determined.
Mr. Stine stated that he felt the solution to the problem of
Baker Lane was for the County to obtain right -of -way condemnation.
Mr. Malcolm asked what efforts have been made to obtain a
right -of -way from the Hughes Estate.
Mr. Stiles noted that J. P. Darlington had made efforts to
obtain a right -of -way on Baker Lane from the Hughes Estate but had
not been successful.
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Mr. Koontz stated that the policy of the Board of not con-
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demning property for a private developer, and that the Board was
re 1 uc tant ondemnr. .
Mr. Koontz further stated that there was need for the additional
access onto Baker Lane prior to approving the industrial access
request.
Mr. Stine noted that he would be willing to stage development
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on his 54 acre tract, and that there would be no development on
this 54 acre tract until the Baker Lane situation was resolved
either positively or negatively if industrial access request were
approved by the Board.
Mr. Stine stated that he had a September deadline in which
to build the road requested for industrial access funds.
Dr. Fish stated that he felt Mr. Stine should present sufficient
evidence that he had exhausted all remedies to obtain access on
Baker Lane.
Mr. Stiles noted that the proposed industrial access road
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would not serve other than Harris Intertype and the Northwestern
Workshop tract.
Upon motion made by R. Thomas Malcolm and seconded by Dr.
Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors of the County
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of Frederick, Virginia, does herein agree to table the request of
Mr. I. Fred Stine for Industrial Access Funds in order to allow
Mr. Stine to provide facts per Dr. Fish's request or until such
time as the Board may want to extend the time frame for building
the road.
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The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, and
R. Thomas Malcolm. Nay - Thomas B. Rosenberger and Kenneth Y. Stiles.
Mr. Koontz asked that the Planning Commission address this
problem and that the item should come up at the next board meeting.
CONCERNS
Mr. Rosenberger stated that he was concerned about the gas
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situation and the problems that might arise inasmuch.as local
allotments may soon be gone for the month of June. The Board
agreed to monitor this situation.
Mr. Rosenberger referred a letter he had received from a
citizen to the Committee on Law Enforcement and Courts re:
mini - bikes.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT
IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
retary, Board o
rvisors