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HomeMy WebLinkAboutJanuary 14, 1981 Regular Meeting1.62 A Regular Meeting of the Frederick County Board of Supervisors was held on January 14, 1981 at 7:00 P.M., in the Board of Super- visors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice- Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCAT The invocation was delivered by Reverend John Fitzgerald of the Big Brothers - Big Sisters Program. ADOPTION OF THE AGENDA The County Administrator requested that a representative from the Highway Department be added to the agenda to address the Board per Mr. Stiles' request. Mr. Owings suggested that the joint public hearing with the Planning Commission be moved forward on the agenda following approva of the minutes and that item N "Report and Recommendations from the Personnel Committee" be moved forward to follow the joint public hearing. Mr. Stiles requested that a discussion regarding full funding for one -half day kindergarden be added to the agenda under New Business. Upon motion made by William H. Baker, seconded by Will L. Owing and passed unanimously, the agenda was adopted with the above amendments. APPROVAL OF MINUTES Mr. Stiles stated that in the minutes of November 26 on Page 6 the word acknowledge was mispelled. Mr. Malcolm stated that on Page 2 of the November 26 minutes, the Resolution of Honor to the James Wood Football Team, the words "since 1968" should be added to the second paragraph. Mrs. Maddox stated that on Page 2 of the December 17 meeting, her statement should read, " Mrs. Maddox stated that she was concerned about rezoning requests that had come in prior to study of the comprehensive plan" 163 Upon motion made by R. Thomas Malcolm, seconded by William H. Baker and passed unanimously, the minutes of the meetings of Novemb 12 and December 10 were approved as submitted and the minutes of th meetings of November 26 and December 17 were approved as amended. PUBLIC HEARINGS AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, ARTICLE III, $ UBDIVISION, ADOPTED OCTOBER 13, 1976, TO AMEND ARTICLE III BY THE ADDITION OF SECTION 18 -50.1 - TABLED Mr. Riley presented the proposed ordinance amendment stating that the requirements for large -lot subdivisions had been discussed indepth by the Planning Commission. He advised that as the situatio currently exists, lots of 5 acres or greater are exempt from any and all requirements within the Frederick County subdivision ordinance; that the only requirement which must be met is a plat is submitted for review and then may be recorded. He noted that the intent of th amendement, as proposed, is to set up minimum requirements for road construction, drainage and health department approval. He then read the ordinance in full. Mr. Riley suggested that the Board consider an additional section of the ordinance to read, "Plats and Deeds - I will be required that all Plats or Deeds shall contain a statement that all improvements installed by the developer shall be maintaine by the lot owners ". There followed a brief discussion regarding whether or not the Board had the authority to require such a statement on deeds and whether or not this addition altered the ordinance sufficiently to require readvertisement. The Commonwealth's Attorney stated that he would question the Board's authority to require such a statement on Deeds and he would research the matter. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the proposed ordinance amendment was tabled to the first meeting in February, 1981. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, ARTICLE I, SUBDIVISION, ADOPTED OCTOBER 13, 1976, TO AMEND ARTICLE I, SECTION 18 -2. SUBDIVIDE (a) (3) - TABLED 164 The Board discussed briefly methods to handle the proposed ordinance amendments dealing with large -lot subdivisions as sufficiently as possible. Upon motion made by Kenneth Y. Stiles and seconded by William H4 Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the proposed amendments to the subdivision ordinance dealing with large -lot subdivisions be advertised for public hearing by the Planning Commission on February 4 and that the Board of Supervisors shall hold a public hearing on said amendment on February 11 and further that the Commonwealth's Attorney be requested to render a legal opinion as to whether or not the section "Plats and Deeds" can legally be required by the Board of Supervisors. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. Mr. Randolph Larrick appeared before the Board and stated that he would like to meet with someone to discuss this ordinance before it is adopted. The Chairman suggested that Mr. Larrick meet with th Planning Commission and staff to present his input. APPOINTM OF COLONEL A. LYNN MYERS TO PLANNING DISTR CT - APPROVED SS Upon motion made by Rhoda W. Maddox and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Colonel A. Lynn Myers to serve as the representative from Gainesboro District on the Frederic} County Planning Commission to fill the unexpired term of Elmer Venskoske, said term of service to commence this date and terminate on January 9, 1984. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. APPOINTMENT TO NORTHWESTERN COMMUNITY SERVICES BOARD - TABLED 165 Mr. Stiles nominated Mrs. Joy Fish for appointment to the Northj western Community Services Board. This nomination was seconded by Will L. Owings. There followed a brief discussion regarding whether or not additonal applications might be received if the position were advertised. Upon motion made by R. Thomas Malcolm, seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table the appointment to the North- western Community Services Board until the January 28 meeting in order that additional applications might be received after the posi- tion is made known to the public to be vacant. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. ANNUAL REPORT - SHENANDOAH AREA AGENCY ON AGING - RECEIVED The Board acknowledged receipt of the annual report of the Shenandoah Area Agency on Aging. Mr. Stiles noted that Frederick County is paying the most and receiving the least services which he stated had been the case during his time on the Board. HIGHWAY DE OPENING OF : DISCUSSION TRAFFIC PROBLEM CREATED BY Mr. Stiles stated that he requested Mr. King, of the Highway Department, to appear before the Board to address traffic problems created by the opening of the new high school. He added that he would also like to address possibilities of a right turn lane from Apple Pie Ridge Road onto Route 522 if the traffic count would indicate that this would be helpful. He noted that when the auditorium and gym are open perhaps a center left turn lane might be created. Mr. King stated that he had observed the traffic at this site. He noted that the traffic signal is activated on the Route 739 side of the road and is set at 7 seconds for the initial car and 2 1/2 seconds for each additional car up to 25 seconds. He stated that tr maximum time could be increased slightly as could the interval time but that the current arrangement seems to be working quite well. 0 M0 Mr. Stiles asked Mr. King if he felt a right turn lane would helpful and Mr. King replied that he would suggest waiting a month for the situation to stabilize and then conducting a turning count. Mr. Stiles requested Mr. King to work with Mr. Thomas Sine, transportation supervisor for the school system, and Mr. Donald Shirley, principal of Ridge Campus, to try and alliviate the probl Mr. Baker suggested that this matter be referred to the Planning Commission through the Transportation Safety Commission to be reviewed with the Virginia Department of Highways. The Chairman accepted this recommendation and referred the matter to the Transportation Safety Commission and the Planning Commission for study and recommendation to the Board. REPORT AND RECOMMENDATIONS OF THE PERSONNEL COMMITTEE - ACCEPTE Mr. Baker presented the report from the Personnel Committee anc the following action was taken: Committee Organization of the Board of Supervisors The Committee reviewed the current committee structure of the Board and noted that changes in the structure and relationship of Board to certain organizations would be appropriate to reflect the current work priorities of the County. The Committee therefore recommends: Planning and Capital Programs - The Joint Judicial Center Committee should continue to function in overseeing the implementa- tion of the City- County courthouse project. The larger Capital Facilities Committee which resulted in the formation of the Joint Judicial Center Committee should be disbanded. The Committee acknowledged that the statutes of Virginia designate the responsibil ity for the development of a Capital Improvements Plan and program be the responsibility of the Planning Commission. The Committee recognized this continuing need and recommends that this function assigned to the Planning Commission as designated by state statute. The Committee felt that the Planning Commission should be requested to meet with various Boards and Commissions having Capital Facilitie needs as part of their work program during the coming year. In orde to widen citizen involvement in development of planning policies of 167 the County, the Committee recommends that the membership of the Planning Commission be expanded to include two additional citizen members to be selected at large via the application process. The Committee also recommends that the role of the elected Board seat on I the Planning Commission be revised to a nonvoting liaison function. Committee also recommends that citizen participation on the Planning District Commission be revised to include one at large citizen member to be appointed via the application process to replace the position which has been held by the County Administrator. Committee recommends that the Director of Planning be reappointed to serve in the other appointed position. Recreation Commission The Committee reviewed correspondence from the Recreation Commission noting that the by laws of the Recreation Commission required regular attendance. The Committee therefore recommends that the Commission members representing the Back Creek and Opequon Districts as well as the student representative positions be delcared vacant and that the respective Board members and School Board for the student positions, be asked to recommend appointees for the consideration of the Board of Supervisors. The Personnel Committee also recommends that the role of the elected Board seat on the Parks and Recreation Commission be revised to a non - voting liaison function. Committee Structure The Committee also recommends that the following Committee structure be established: A. Major assignments to be comprised of two Board members and one citizen member except where designated otherwise by the requirements of state statute: Committee on Finance Committee on Personnel Committee on Code and Engineering Committee on Law Enforcement and Courts Welfare Board B. Special Committees dealing with specific topics. Board members would participate as voting members: Judicial Center Animal Care Stream Standards Transportation Safety Commission Agricultural District Advisory Board C. Liaison non - voting function to established Boards and Commissions: School Board Planning Commission Industrial Development Authority Sanitation Authority Extension Advisory Committee Parks and Recreation Commission Liaison to Constitutional Officers Library Board IM D. Voting representation on regional or multi - jurisdictional committees or commissions: Regional Jail Project ASAP Advisory Board Braddock House Commission Planning District Commission Mr. Baker moved to accept this recommendation and Mrs. Maddox seconded the motion. Mr. Owings asked if the Planning Commission members had been contacted regarding enlarging the Commission inasmuch as they would now be involved in capital planning. He expressed concern stating that the larger a committee is the more unwieldy it becomes. Mr. Malcolm stated that this matter had been discussed in the past and the Planning Commission was aware that capital planning would become a function of the Planning Commissior Mr. Koontz stated that the reason for enlarging the Commission was to enlarge citizen input and that capital facilities recommend tions would now come from the Planning Commission. Mr. Owings then asked what the rational was to remove the vote from the Board member serving on the Planning Commission. Mr. Koontz replied that it was felt that this would remove Boax influence if the Board member were not a voting member of the Planning Commission such as the Board member who serves on the Sanitation Authority and the Parks and Recreation Commission. He added that the Board member would still serve as a liaison member the Commission. Mr. Owings auestioned why the Board member serving on the Planning Commission would not be able to vote on issues while the Board member serving on the Welfare Board would be able to vote. Mr. White noted that according to statute, under the Planning Commission section, it is not required that a Board member be appointed, whereas under the Welfare Board section, it is automatic and takes a special action to remove him. Mr. Stiles stated that the Board may or may not choose to have one of its members serve on the Planning Commission or the Welfare Board. Mr. Owings requested that the recommendation from the Personnel Committee that the Opequon District position on the Parks and Recreation Commission be declared vacant not be adopted inasmuch he had talked with the member from Opequon District and he wanted continue service on the Commission. 171 Mr. Stiles then asked if his understanding was correct, that it was the intent there be no Board member allowed to vote on a Board or Commission other than on the Welfare Board and the Chairman re- plied that this was correct. Thereupon Mr. Baker's motion that the Board of Supervisors accept the Personnel Committee recommendations entitled "Committee Organization of the Board of Supervisors ", subsections "Planning and Capital Programs ", "Recreation Commission" and "Committee Structure" as ammended was approved by the following recorded vote: Aye - R. Thomas Malcolm, Rhoda W. Maddox, William H. Baker and S. Roger Koontz. Nay - Will L. Owings and Kenneth Y. Stiles. Mr. Baker then presented the recommendations of the Personnel Committee regarding the Director of Personnel and Administrative Services as follows: Director of Personnel and Administrative Services As part of the overall reorganization of County offices which was approved last summer, the Board authorized that the current position of Deputy County Administrator be restructured to a positio: of Director of Personnel and Administrative Services and that personnel functions be centralized to that office. The Committee noted that over 300 applications for this position have been received. Following the careful screening process the Committee interviewed three applicants. The Committee is now prepared to make a recommendation to the Board for this position. This recommendatio will be distributed under separate cover on Monday, pending completion of the resolution of terms of employment with the final applicant. The Committee is most pleased with the quality of applications that were received, and recognizes very strenuously the need to have a centralized personnel function to administer the myriad personnel needs of the County staff. Mr. Stiles then asked if it was the intent of the Board not to interview, as a whole, the candidate. Mr. Owings stated that this is something the Board has always done and this is a complete departure from the procedure. The Coun Administrator stated that it was his understanding that the format for this position hire had been discussed in executive session and the applications would be processed through the Personnel Committee with a single applicant being presented to the Board. 172 Mr. Stiles stated that this might be correct but he felt an interview was still in order. He then moved to table this matter until after the Public Hearings are completed. The Board concurr CUP #023 -80 - JA( DISTRIC - WIT DHDH F AN NORMA TINDLE - GAINESBORO MAGISTERIAL Mr. Riley advised the Board that the Conditional Use Permit request of Jack and Norma Tindle had been withdrawn. He read the following letter: January 9, 1981 2954 Valley Avenue Winchester, Virginia John R. Riley Planning Director Winchester, VA 22601 Mr. Riley: Ref: Letter from Mr. Riley dated 12 -3 -80 concerning a meeting which will be held 1 -14 -81 by the Board of Supervisors. After attending the initial public hearing in December concerning c request for a conditional use permit for a home occupation, we have given considerable thought to the points brought out at this meetin and we have decided to withdraw our application for the following reasons: zr Even though the adjoining property owners did not speak against us, if they had not opposed they would not have attended this meeting. We do not wish to move into an area where the neighbors are against) us before they even know us. One fact brought out by one of the neighbors which we had not con- sidered was the width of the road which was only 30 feet, and the house which we had hopes of buying is located at the end of this right -of -way. When we find another home we wish to purchase and we feel it would suitable in all ways for a home occupational business we will submi a new request. cc /John T. P. Horne cc /Alice Mills, Realtor Thank you, Mr. and Mrs. Jack L. Tindl CUP #018 -80 - SHIRLEY MEADE - GAINESBORO MAGISTERIAL DISTRICT APPROVED Mr. Riley presented the request for conditional use permit of Shirley Meade and read the reviewing agencies comments. He stated that the Planning Commission recommended approval of this request with conditions. Mrs. Meade appeared before the Board in support of her request Mr. Malcolm asked if the issue had been addressed regarding renewal of conditional use permits for nonconforming uses and Mr. Riley replied that it has been discussed at the Planning Commission level but an amendment has not yet been proposed. s Mr. Baker moved to amend his motion to accept the recommendatio of the Personnel Committee to delete, under the Recreation Commission section, the words, "and Opequon District ". This motion was seconded by Kenneth Y. Stiles and passed unanimously. Mr. Stiles stated that when a change is proposed to the member- ship of a board or commission it is because of a problem in the way things are being done or the concern that a problem could develop. He asked if the Personnel Committee perceived a problem in the way the Planning Commission has operated with a Board member serving as a voting member. Mr. Koontz replied that he had had some problem with a Board member voting on the same item or issue twice and he felt it would improve the Planning Commission to be free of Board influence. He added that this was certainly nothing personal toward the Board member currently serving on the Planning Commission. Mr. Stiles replied that he was not aware that the Planning Commission is that heavily under his influence. He noted that he did not feel that he went out of his way to impose his influence upon the Planning Commission and would suggest that with the beginning of the reworking of the comprehensive plan this year, and with the development of a capital facilities program and other task! before the Planning Commission, and further considering the fact that site plan approval no longer comes to the Board and is final with the Planning Commission, it is perhaps more important to have Board input than before. Mr. Stiles added that he felt it would be very detrimental at this point in time to enlarge the Planning Commission. He noted that this would mean 3 new members coming on to the Planning Commission without any knowledge of the current projects. He noted that speaking as a Board member and Planning Commission member, it takes time to understand what is going on and he did not feel it would be productive to add 3 new members to the Planning Commission all at once. Mr. Koontz replied that he felt the more citizen input you have the better represented citizens are. Mr. Stiles stated that this same proposal was made a year ago regarding the School Board being enlarged by the addition of 2 at- large members and that the Chairman had been the leader against thi action. 170 Mr. Baker stated that a liaison member from the Board to the Planning Commission would definitely have input just as a liaison member to the Recreation Commission does. He stated that he felt t. Board had a better understanding of issues through liaison members. He added that he felt voting should primarily concern Board members at Board meetings. Mr. Stiles then asked whose idea this was and Mr. Koontz replied that this was the idea of the two Board members on the Personnel Committee which they felt would be an improvement. Mr. Stiles stated that he felt very strongly about the vote on the Planning Commission and that his enthusiasm would wane without the right to vote. He added that if the Board feels as strongly about this issue as the Personnel Committee does he would suggest that the Chairman appoint another member to the Planning Commission and let them retain the right to vote. He stated that he would further suggest that the Board consult with the Commonwealth's Attorney regarding the statutes on this matter to see if the Board has the right to do this inasmuch as this had been tried several years ago when Mr. Madigan was on the Planning Commission but the Board was apparently advised that this was not legal. Mr. Koontz replied that this action had nothing to do with Mr. Stiles personally and he felt that he had done a very fine job representing the Board on the Planning Commission. He noted that liaison members had been established with the various other committees and commissions and he felt there was a need for liaison with all orgainizations. He advised Mr. Stiles that he would still have input to the Planning Commission. Mr. Stiles stated that he could not understand the difference between the Welfare Board and the Boards which are set up by state law. He then asked if it was the intent of the Personnel Committee to create 2 additional citizen members to the Planning Commission to replace the Board member as a voting member on the Planning - -- Commission. Mr. Koontz replied that this was the intent and it would establish a liaison member to the Planning Commission. Mr. Stiles stated that the Welfare Board should not be considered a committee of the Board of Supervisors when it is not. Mr. Koontz noted that the Welfare Board is acknowledged as a constitutional board. 173 Upon motion made by Rhoda W. Maddox and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit No. 018 -80 of Shirley Meade to reestablish a mobile home site that has been abandoned for a period exceeding 2 years, located on the north side of U. S. Route 50 at the West Virginia /Virginia State Line, in the Gainesboro Magisterial District, with the following condition: This conditional use permit be reviewed and renewed annually by the Staff, Planning Commission and the Board of Supervisors. The above resolution was passed by the following recorded vote:) Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE OF 1976 BY ADDING A SECTION NUMBERED 15 -8 RELATING TO THE LICENSING AND REGULATION OF DEALERS TN THE RITSTNF.SG 09 PTTRr HARTNC_ PRRr TOfTC The County Administrator noted that the Board had adopted, unde emergency legislation, an ordinance regulating gold and silver dealers in the County. He noted that this was implemented so that the ordinance might be tested. Mr. White advised that all known operations had been ceased and no applications had been requested. Mr. Stiles suggested that 2 additions to the ordinance be considered by the Law Enforcement Committee and a recommendation mad to the Board. He suggested that the words "with the general public" be added to section 15 -8.2 and that subsection "D" to read, "Any person convicted of violation of a like ordinance in another jurisdiction shall not be eligible for a license in Frederick County ", be added to section 15 -8.3. There was no public comment. Upon motion made by Rhoda W. Maddox and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE OF 1976 BY ADDING A SECTION NUMBERED 15 -8 RELATING TO THE LICENSING AND REGULATION OF DEALERS IN THE BUSINESS OF PURCHASING PRECIOUS METALS AND JEWELS 174 BE IT ORDAINED, By the Board of Supervisors, that pursuant to authority granted by the Code of Virginia (1950 as amended) the Code of Frederick County, Virginia 1976 is hereby amended by adding Section 15 -8 as follows. Section 15 -8.1. License Required No person, firm or corporation, operating as either an itineran or permanent dealer, as defined in Section 15.8.2 herein may purchas gold, silver, platinum, platinum - plated, or pewter including but not limited to such items as tableware, or other household items, watches, jewelry or coins without a license as provided for herein. Section 15 -8.2. Definition of Dealer Dealer within the meaning of the article is a person, firm or corporation who shall engage in, or transact any business on a temporary, itinerant or permanent basis in the County of Frederick i the purchase of any article(s) as set forth in Section 15 -8.1 herein containing any degree of gold, silver, platinum, pewter, gems or semiprecious stones. Section 15 -8.3. Issuance of License and Fee (A) Licenses shall be issued by the 'Commissioner of Revenue to any person able to produce satisfactory evidence of good character, which Licensee shall designate the premises on which the Licensee will conduct his business and specify the date or dates upon which the business may be conducted. (B) All applicants for license, shall first appear at the Frederick County Sheriff's Department where the prospective licensee shall be fingerprinted and checked against FBI records for any prior arrests, convictions and aliases. (C) Before any license may be issued a non prorated license fee of $100.00 per month shall be charged and received. Se ction 15 -8.4. License Non - Transferrable The license issued hereunder shall be a personal privilege and shall not be transferrable, nor shall there be any abatement of the tax upon such license by reasons of the factthat the Licensee shall have exercised the privilege for any period of less than which it wa granted. The license shall at all times be kept publicly exposed by the Licensee on his business premises. Section 15 -8.5. False Statements Void License Any false statement made on the application form voids the license from the beginning. Section 15 -8.6. Identity, Address and Credentials of Sellers The licensee shall ascertain the name, address, and age of sellers by requiring an identifier issued by a governmental agency with a picture of the subject and one other corroborating means of identification. Section 15 -8.7. Records to be Kept Every Licensee shall keep at his place of_business, a record on forms provided by the County Sheriff, at a reasonable fee reflecting the form's actual cost of production, which shall be fairly written in English and clearly legible, at the time of the presentation of the articles by a seller, an accurate account of the articles and th seller setting forth the following information: (a) a complete and accurate description of the goods, articles or things presented, including the number of items; (b) the time and date of receiving the same; (c) the name and complete and accurate address of the person selling the goods, articles, or things, together with a particular description of such person as required by the form provided by the County Sheriff as referenced above. Section 15 7 8.8. Records Open t Inspection The records required to be maintained by Section 15 -8.7 of this Code shall be open to inspection by any Federal, State or Local law enforcement officer during business hours. Section 15 -8.9. Officers May Examine Records or Proj2erty Every Licensee shall admit to his premises as anytime any 175 Federal, State, or Local law enforcement officer to examine any of the items purchased by the Licensee and to search for and to take into possession any article known by such law enforcement officer to be missing or known or believed by such officer to have been stolen.. Section 15 -8.10. Reports to Sheriff (A) Every Licensee shall submit to the Sheriff at the end of each business day a copy of all the forms required by Section 15 -8.7 used to record the transactions for such day. (B) The Sheriff may specify that the reports required by Section 15- 8.10(A) may be submitted at some other less frequent interval; such waiver to be noted in writing to the Licensee and Commissioner of Revenue, but in no event shall articles be melted down, defaced or altered until reports have been submitted and accepted by the Sheriff. Section 15 -8.11. Retention of Articles No articles purchased by a Licensee shall be melted down, defaced or altered until after being held for inspection by duly authorized law enforcement agencies for a minimum of seven (7) days. Section 15 -8.12. Purchase from M inors Prohibited No purchases may be made from anyone under the age of eighteen (18). Section 15 -8.13. Bond Required Every dealer so licensed shall at the time of application for the license and before the same shall be issued, enter with either one corporate or two personal sufficient sureties into a joint and several recognizance to the County in the penal sum of FIVE THOUSAND DOLLARS ($5,000.00) conditioned upon due observance of the term of this Article. Section 15 -8.14. Private Action on If any person shall be agrieved by Licensee, and shall recover against him after the return unsatisfied, either in execution upon such judgment, maintain the bond. Bond the misconduct of any therefor, such person may, whole or in part, of any action in his own name upon Section 15- 8.15._Penalty for Violation Violation of any provision of'this Code shall be a misdemeanor, Class One. Section 15 -8.16. Liability for Acts of Agents Any conviction under the provisions of this code, either by the Licensee or by his agents, clerks, or employees shall automatically result in the revocation of the license. BE IT FURTHER ORDAINED, That this ordinance was duly advertised for public hearing, pursuant to the provisions of Section 15.1 -507 of the Code of Virginia, 1950, as amended, on December 31, 1980 and January 7, 1981 and the public hearing was held on 14 January 1981 at which meeting, upon motion duly made, seconded and passed unanimously, this ordinance was adopted. Adopted 14 January 1981 Approved as to form by Commonwealth' Attorney The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. 176 HARMER ORCHARD SUBDIVISION - STONEWALL MAGISTERIAL DISTRICT - APPROVED . Mr. Riley presented the request of Harmer Orchard Subdivision containing 20 lots on the east side of Route 739 in Stonewall Magisterial District. He read the reviewing agencies comments and stated that the Planning Commission recommended approval of this request based on the following findings of fact: 1. This is a good faith effort that was filed before the adop- tion of the Comprehensive Rezoning of Frederick County. 2. The applicant has expended sufficient sums and has estab- lished a vested right. 3. The applicant has presented us the only application pending during the adoption of a Comprehensive Rezoning and does no set a precedent. Mr. Eds Coleman and Mr. Bruce Edens appeared before the Board representing Mrs. Mabel Bond in this subdivision request. Mr. Cole- man presented a brief background regarding the subdivision request stating that the application had been filed prior to the downzoning in the County. He noted that all the requirements in effect at the time of filing had been met. The Chairman asked Mr. Coleman who was developing the property and Mr. Coleman replied that he did not understand the question. Mr Koontz then asked if Mrs. Mabel Bond was the developer and Mr. Coleman replied that Mrs. Bond is the owner of the property. Mr. Stiles stated that he did not feel the Board had the right to ask these questions but only to decide whether or not to approve the subdivision. There followed a brief discussion regarding the suitability of the soil for septic systems inasmuch as one of the lots had failed the perk test and Mr. Edens replied that he didn't feel the Health Department would have given approval if there had been a question. Mr. Baker asked if it would affect the comprehensive rezoning i the Board approved this request and Mr. Gordon, Chairman of the Planning Commission, replied that the Commission had looked upon thi as a unique situation and did not feel that it would set a precedent should this subdivision request be approved. There was no public comment. 177 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 Harmer Orchard Subdivi- sion request containing 20 lots, zoned A -2, located on the east side of Route 739, approximately 1/2 mile north of Route 37, in the Stone wall Magisterial District. The above resolution was passed by the following recorded vote: Aye - Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. Abstaining - S. Roger Koontz. The Board recessed for ten minutes. COLONIAL HEIGHTS SUBDIVISION REQUEST -_STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Riley presented the request of Colonial Heights Subdivision and read the reviewing agencies comments. He noted that the Planni Commisson recommended approval of this request. Mr. Norman Garrison and Mr. Bruce Edens appeared before the Board in support of this request. Mr. Stiles noted that these are existing dwelling units and mee all requirements. Upon motion made by Kenneth Y. Stiles and seconded by William H Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the subdivision request for Colonial Heights containing 18 lots, zoned R -3, located on the north side of Route 659, in the Stonewall Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. BOYD SUBDIVISION REQUEST - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Riley presented the Boyd Subdivision request and read the reviewing agencies comments. He noted that the Planning Commission recommended approval. Mr. Boyd and Mr. Ben Butler appeared before the Board in suppor of this request. There was no public comment. 178 Upon motion made by Kenneth Y. Stiles and seconded by William H Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the Boyd subdivision reques containing 2 lots, zoned B -2, located on the north side of Route 7 East, adjacent to Winchester Mall, in the Stonewall Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. FREDERICK MALL SUBDIVISION - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Riley presented the Frederick Mall Subdivision request stating that it should read 11.96 acres and not 3.6 acres as set forth in the agenda. He read the reviewing agencies comments and noted that the Planning Commission recommended approval. Mr. James Anderson appeared before the Board representing Frederick Mall Land Trust in support of this request. There was no public opposition. Upon motion made by Rhoda W. Maddox and seconded by Kenneth Y. I - - -. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the Frederick Mall subdivi- sion containing 11 lots on 11.96 acres, zoned B -2, located on the south side of Route 522 north, immediately east of Fox Drive, in the Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas .Malcolm and Kenneth Y. Stiles. FREDERICK MALL LAND TRUST REZONING REQUEST - TABLED Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the Frederick Mall Land Trust rezon request No. 018 -80 was tabled until the first meeting in February. ROAD ADDITION - ASH HOLLOW ESTATES - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Riley presented the request for a road addition in Ash Hollow Estates stating that all requirements had been met. 179 Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, WHEREAS, the Virginia Department of Highways and Transportation has reviewed the request of R.S.H. Properties, Inc. and recommends inclusion of that portion of Ash Hollow Drive from the Intersection with Va. Route 659 to end of cul -de -sac containing .07 miles, in Ash Hollow Estates, in the Stonewall Magisterial District into the secondary road system, pursuant to the provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended, and WHEREAS, this Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of sixty (60) feet with necessary ease- ments for cuts, fills and drainage recorded in Deed Book 510, Page 783, dated July 16, 1979, BE IT RESOLVED, that this Board does approve this request for inclusion into the secondary road system contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways and Transportation. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. REPORT AND RECOMMENDATIONS FROM THE COMMITTEE ON CODES AND ENGINEERING Mr. Owings presented the following report and recommendations from the Committee on Codes and Engineering: Manpower Requirements for )Field Inspectors in the Permit Center The Committee reviewed a memo prepared by the Inspections Director discussing the need for an Inspector I field position. The Committee noted that the total number of permits and inspections have been increasing. The Committee reviewed the memo and questioned the need for a vehicle for the deputy director's position. The Committee's preference is that additional compensation be provided to the deputy director rather than a fulltime assigned vehicle. The Committee noted that filling of the requested position represents no increase in personnel but represents a reallocation of existing authorized manpower as a result of the reorganization for the permit center. The Committee recommends that the position be authorized fox ;filling. The Committee also recommends that an assigned vehicle not t o - 1 be authorized for the deputy director's position knowing that a pool vehicle can be made available as necessary for the deputy director. The Committee has requested the Finance Committee to establish an appropriate change in compensation for the deputy director's salary to reflect not having an assigned vehicle. Mr. Owings noted that this recommendation had been referred to the Finance Committee but the meeting had been cancelled and has not yet been rescheduled and he therefore could not give a report. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox) and passed unanimously, the Board approved the recommendation of the Codes and Engineering Committee as presented and set forth above. Rats and Birds Excessive populations of rats and roosting birds was discussed. The Committee felt that this matter should be referred to the Health Department for appropriate action. Mr. White advised that he had talked with Dr. Pederson of the Health Department and had been advised that they will be presenting something to the Board, in writing, regarding this matter. APPLE BLOSSOM FESTIVAL REQU 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 following requests of the Shenandoah Apple Blossom Festival Committee: 1. Permission is granted to the Shenandoah Apple Blossom Festival to use the County Parking Plaza for rides and concessions during the Festival on Wednesday, April 29 thru May 3, 1981, with the stipulation that no stakes will be driven into the asphalt and further that the Apple Blossom Festival will assume full responsibility for any and all damage done to the Plaza as a result of this function. 2. Permission is also granted to place food concession stands on Rouss Avenue Friday and Saturday, May 1 and 2, 1981. 3. Permission is also granted to use the steps on the Frederick County Courthouse for band concerts on May 2nd and May 3rd, 1981. 4. Permission is granted to hang power lines for concessions with the understanding that these lines must be removed promptly (within one week) following the close of the Festival. 181 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. ORGANIZATION OF THE BOARD OF SUPERVISORS Election of Vice - Chairman Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, Mr. Will L. Owings was elected Vice- Chairman of the Board of Supervisors. Adoption of Rules of Order Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the Board adopted Robert's Rules of Order as the rules and procedures to be followed by the Board of Supervisors. Appointment of Parliamentarian Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, Mr. James M. White, County Administrator, was appointed Parliamentarian for the Board of Supervisors. Establishment of Time and Place of Meeting Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the second and fourth Wednesdays of each month were established as the meeting dates for the Board of Supervisors, said meetings to be held in the Board Meeting Room at 7:00 P.M. with a time limit of 10:00 P.M. if possible. Committee Assignments The Chairman presented the following Committee assignments: Will L. Owings: Engineering & Codes, Finance Committee, Agricultural District Advisory Board, Transportation Safety, School Board, Commissioner of Revenue (Non- Voting Liaison) and Regional Jail. William H. Baker: Finance Committee, Personnel Committee, Parks and Recreation Authority (Non - Voting Liaison), Treasurer (Non - Voting Liaison) and Planning District Commission. Rhoda W. Maddox: Engineering & Codes, Law Enforcement and Courts, Extension Advisory Board (Non- Voting Liaison) and Sheriff (Non - Voting Liaison). R. Thomas Malcolm: Welfare, Animal Care, Joint Judicial Center, Industrial Development Authority (Non- Voting Liaison), Clerk (Non - Voting Liaison), ASAP and the Braddock House. 18 Kenneth Y. Stiles: Law Enforcement and Courts, Joint Judicial Center, Stream Standards, Agricultural Stabilization Committee (Non - Voting Liaison), Planning Commission (Non- Voting Liaison) and Common wealth Attorney (Non- Voting Liaison). S. Roger Koontz: Personnel Committee, Sanitation Authority (Non - Voting Liaison) and the Planning District Commission. Appointment of Liaison to Library Board Upon motion made by Will L. Owings, seconded by William H. Bak and passed unanimously, Rhoda W. Maddox was appointed to serve as t liaison to the Library Board. Mr. Stiles then asked the chairman if he was a non - voting memb of the Planning Commission, removed, or what, and the Chairman replied that Mr. Stiles would serve as the Board liaison to the Planning Commission. Mr. Stiles then asked the Chairman if he was iY fact a member of the Planning Commission and the Chairman replied, no, but he felt he was doing a very good job and would hope that he would continue to do so. BOARD'S SUPPORT FOR FULL FUNDING FOR ONE -HALF DAY KINDERGARTEN Mr. Stiles reported that there is considerable controversy because of efforts by the State Department of Education to eliminate funding for one -half day kindergarten in order to force the localities to all -day kindergarten. He noted that the School Board has passed a resolution of opposition addressing this issue and that he had talked with a number of people involved in the program in the County who are very violently opposed to any move toward all day kindergarten. Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein endorse full funding for the half- day kindergarten program and does direct that necessary action be taken to implement the Board's endorsement of the program; and, BE IT FURTHER RESOLVED, That the Board does herein set forth itE intent to remain aware of legal developments relative to this matter throughout the state. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. l 1K BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by William H. Baker, seconded by Rhoda W. Maddox 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 personnel. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed.unanimously, the Board reconvened into Regular Session. BOARD RECESSES UNTIL JANUARY 15, 1981 AT 12 NOON Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the Board recessed to Thursday, January 15, 1981 at 12 noon, in the Board of Supervisors' Meeting Room. The Board reconvened on Thursday, January 15, 1981 at 12 noon i the Board of Supervisors' Meeting Room with the following members present: S. Roger Koontz, Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm and Kenneth Y. Stiles. Supervisor Will L. Owings was absent. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344, subsection (a)(1), of Code of Virginia, 1950 as amended, to discuss personnel. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by William H. Baker and passed unanimously, the Board withdrew from Executive session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. -1- EM PLOYMENT OF MS. JEANETTE STULTZ AS DIRECTOR OF PERSONNEL FOR MUP rnnrlmv nD VDPnrDTrV _ annnnv�n Upon motion made by William H. Baker and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize the employment of Ms. Jeanette A. Stultz as director of Personnel for the County of Frederick, Virginia at a salary equivalent to Step 25 -A on the Frederick County pay scale. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Rhoda W. Maddox, 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. r, n. B and f S p rvisors C'erk, Board of Supervisors