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March 10, 1976 to March 09, 1977137 The Regular Meeting of the Frederick County Board of Supervisors was held on March 10, 1976, at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court S Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Reverend Anthony Wadsworth of the Gainesboro United Methodist Charge deli% ed the invocation. The Chairman called the meeting to order. APPROVAL OF MINUTES - FEBRUARY 11, 1976 AND FEBRUARY 25, 1976 Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the minutes of the Regular Meeting of this Board held on February 11, 1976, as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm land Dennis T. Cole. Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the minutes of the Regular Meeting of this Board held on February 25, 1976, with the correction on Page 8 of said minutes to designate Molden Real Estate Corporation lots in Shawnee Magisterial District and not Stonewall Magis- terial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. APPROVAL OF BILLS GENERAL FUND AGENDA, JAIL EXPENDITURES, AND PART -TIME PAYROLL Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the General Fund Agenda bills for the month of February, 1976, in the amount of $53,132.85 and does order the same paid by Warrants #13404- #13560. 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 Dennis T. Cole. Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the Jail Expenditures in the amount of $6,557.51 for the month of February, 1976, and does order the same paid by Warrants #13561- #13594. 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 Dennis T. Cole. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the part -time payroll for the month of February, 1976 in the amount of $3,266.57 and does order the same paid by Warrants #13381 - #13403. 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 Dennis T. Cole. 138 APPROVAL OF FULL -TIME PAYROLL Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the full time payroll for the month of February, 1976 in the amount of $72,841.84 and does-order the same paid by Warrants #13261 -13379 and Warrant #13596. 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 Dennis T. Cole. HIGHWAY DEPARTMENT Mr. Malcolm stated that he had been advised of a potentially dangerous traffic hazard in the vicinity of Town & Country Department Store where cars entering Air Freight are travelling a short distance on the wrong side of the highway. Mr. King stated that the Highway Department had investigated this situation but did not know o� anything that could be done about it. Mr. Rosenberger asked if repair work was being done on the many potholes in the County and Mr. King stated that they are patching every day. GARBER SITE PLAN - APPROVED Mr. Berg presented the Garber Site Plan and stated that there had been no in the-site plan since the last presentation to the Board. Mr. King of the Highway Department stated that the District Office had reviewed this matter and their recommendation was that the culvert coming under Route 522 be extended into the present easement and Mr. Garber's development be drained to old Route 522 so that he would not contribute any further drainage into the area. Dr. Jerry Grimes appeared before the Board and stated that there is a severe drainage problem in this area and he gets an excessive amount of water on his property because of the inadequate drainage easements and culverts. He urged the Board to s this matter carefully and take steps to correct the problems. the Garber Trust would be responsible for drainage from Lots 1 and 2 should said lots Mr. Donald Garber appeared before the Board and presented a letter stating that be developed. There followed a lengthy discussion as to who is responsible for the drainage problem and who should correct it. Mr. Rosenberger stated that according to the Highway Department recommendation, no additional water would be drained onto the Grimes property. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the Garber Site Plan for the construction of a fast food restaurant on a lot fronting Route 522 South and backing onto old Route 522 subject the requirements set forth in the Highway Department approval dated February 13, 1976 and the letter presented to the Board of Supervisors this date from the Trustees of Nora L. Garber Trust wherein they stipulate that in the event Lots 1 and 2 of the Garber Trust property fronting on Garber Road are sold or developed, they will assume the responsibility of the drainage on these two lots; that the lots will be elevated so as to drain water to the front of the lots (Garber Road); and that no water will drain to the rear; a copy of said letter to be kept on file in the County Administra- tor's Office. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, and Dennis T. Cole. Nay - R. • C • • 139 i • i Thomas Malcolm and Will L. Owings. APPLICATION OF H. RAY VAN DYKE TO ESTABLISH A MOBILE HOME PARK LOCATED SOUTH OF 277 ON ROUTE 636 IN OPEQUON MAGISTERIAL DISTRICT - DISCUSSED Mr..Ambrogi presented a brief background on the application of H. Ray Van Dyke to construct a mobile home park in Opequon Magisterial District and the subsequent law suit wherein Mr. Van Dyke instituted suite against Frederick County as a result of denial of his application. He then briefly reviewed the opinion recently issued by the Court in favor of the plaintiff. Mr. Louis Costello appeared before the Board representing Mr. T. G. Adams and Mr H. Ray Van Dyke, along with Mr. Eugene Gunter, and stated that they are in a most un- usual situation in that he had never been in a public hearing discussing suit which i under litigation and before he proceeded any further he wanted it ascertained that th Board is making the request that anything they have suggested or offered be presented in this meeting and lest he be held in contempt of court for discussing the matter which is in the breast of the Court on which a final decision has not been rendered. He further stated that both Mr. Ambrogi and he are concerned about this problem and he was further concerned that the discussion, if it is to take place be restricted to the holding of the Court lest he be in violation of something he did not know about. He stated that inasmuch as the limitations on freedom of speech and negotiations and the Bar of Ethics are a little hazy in this area, he did not want to be making a matt of public record a negotiation between another party without the consent of the Board' counsel and he did not want to make a public negotiation on behalf of his clients wit] out the reassurance that they want to go ahead at this point. Mr. Costello stated thi if the Board wanted to take public comment and then go into executive session to dis- cuss the matter, he would be happy to proceed in this manner. Upon motion made by Thomas B. Rosenberger, seconded by Dr. Raymond L. Fish, and passed unanimously, the Board of Supervisors agreed to follow the procedure of taking public comments on the proposed Van Dyke mobile home park and that no comments from attorneys involved in the litigation would be heard. Several people from the Opequon District appeared before the Board in opposition to the proposed Van Dyke mobile home park, setting forth the following objections: (1) an up -to -date plan of the proposed mobile home park has not been submitted, (2) another mobile home park of this size and location is not needed in Frederick County, (3) the discharge of effluent into the stream, (4) the fire hazard relative to mo- bile homes, (5) an inadequate water supply, (6) inadequate means of access and e- gress, (7) a need to increase police protection, and (8) trailer camps are notorious ly violent. Mrs. Laura Pifer appeared before the Board and presented petitions which are be- ing circulated in the area in opposition to the proposed mobile home park. Several questions presented by the opposition were: (1) is the park being de- veloped by Mr. Van Dyke or an-out-of-state developer, (2) is the sewage treatment plant being planned along with another party so that it might serve more than one de- velopment, (3) has an environmental impact study been made. There followed a discussion relative to the opinion rendered by Judge Woltz and Mr. Ambrogi advised that Judge Woltz has rendered an opinion but that a final order has not yet been entered in the case. Upon motion made by R. Thomas Malcolm, seconded by Thomas B. Rosenberger and pas ed unanimously, the Board agreed to terminate discussion on this matter until such time as the Court enters a final order on the suit. The Board recessed for five minutes. t 140 Upon reconvening the meeting there was discussion as to whether or not the matte should be reopened for discussion with the attorneys. Mr. Gunter appeared before the Board and stated that after consulting with Mr. Costello, they felt it would be prope to proceed at least so far as to explain how they felt the opinion reads and then pre sent their proposal to the Board in view of the Court ruling inasmuch as the entry of the order is merely a technicality. Mr. Ambrogi advised the Board that if all the parties involved agree, he did not feel it would be improper to continue discussion on the matter. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, the Board agreed to reopen discussion on the Van Dyke mobile home park application so that the attorneys in the matter might be heard. The decision was made by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomt Malcolm, and Dennis T. Cole. Nay - Dr. Raymond L. Fish. Thereupon Mr. Costello appeared before the Board and stated that he and his clients are suggesting to the Board that the question is not whether the mobile home park will be developed, but the number of spaces to be included in the park and the law under which it will be reviewed. He stated that the maximum spaces allowed in th< proposed park would be 1400 but his clients are willing to compromise and develop onli approximately 600 spaces, and these would be phased in over a period of time, if the additional 13 acres are approved by the Board. He further stated that his clients would request a review of the additional 13 acres as an administrative procedure so that they might proceed to develop the mobile home park according to their plans. Mr. Koontz advised that the Board would consult with their attorney and contact Mr. Costello as soon as a decision is reached on the matter. DOG WARDEN - REPORT AND CLAIMS - RUDOLPH, MYERS AND GUARD - APPROVED Mr. Harold Whitacre appeared before the Board and presented the monthly report o: he and his assistant. Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following claims for livestock kills and does order thi same be paid: 1. Harry Guard - Opequon District - 12 chickens @ $2.00 ea. _ $24.00 2. Ralph Myers - Opequon District - 4 lambs @ $20.00 ea. _ $80.00 3. E. O. Rudolph - Stonewall District - 5 ducks @ $2.00 ea. _ $10.00 and 1 goose at $5.00 ea. _ $5.00 for a total of $15.00 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 Dennis T. Cole. Mr. Rosenberger suggested that Mr. Whitacre insert the current prices for live- stock when he presents his claims for kills. The Board concurred with this suggestio: There followed a lengthy discussion regarding the door -to -door check by the Dog Warden to determine whether or not the owners of dogs had purchased their dog tag. Mr. Koontz advised the Board that he had instructed Mr. Whitacre to discontinue this practice inasmuch as he felt it was an infringement upon the personal rights of count residents. Several board members expressed their disagreement with this opinion. Thereupon the decision was reached by the Board that Mr. Whitacre be instructed to continue the door -to -door check for the purchase of dog tags, said decision being reached by the following vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Will L. Owings. Nay - S. Roger Koontz and Dennis T. Cole. PUBLIC HEARINGS AN ORDINANCE TO PROVIDE FOR THE REFUND OF A PORTION OF UTILITY TAXES ERRONEOUSLY AS- SESSED IN THE COUNTY OF FREDERICK, VIRGINIA — THIRD AND FINAL READING - APPROVED Mr. Renalds read the ordinance in full. There was no opposition. Dr. Raymond Fish stated that the words "on residential customers" be inserted in Line 5 of the ordinance. The Board agreed with this request. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve, on third and final reading, the following ordinance as a- mended: BE IT ORDAINED, By the Board of Supervisors of the County of Frederick, Virginia and pursuant to authority contained in Section 58- 1152.1 of the Code of Virginia, 1950, as amended the following provisions are set forth: Section 1 - The Board of Supervisors of the County of Frederick, Virginia has determined that assessments of the County consumer utility tax in ex- cess of $3.00 per month on gas, electric, and telephone bills on resident- ial consumers is erroneous and that amounts paid in excess of that amount shall be refunded to utility consumers for the period of April 4, 1974 un- til such time as the County consumer utility tax ordinance is brought into conformity with State Statutes, provided that application is made to the • County on forms provided by the County for.such purpose and further pro- vided that the Frederick County Commissioner of Revenue determines that said assessment as stipulated above is erroneous. Section 2 - Constitutionality - Should any section of this ordinance be decided to be invalid or unconstitutional, such decision shall not effect the validity or constitutionality of any other section of this ordinance. Section 3 - Effective Date - This ordinance shall be effective and in full force upon passage by the Frederick County Board of Supervisors. 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 Dennis T. Cole. PRESENTATION BY SHENANDOAH AREA AGENCY ON AGING Reverend Richard Whitney, President of the Board of Directors of the Shenandoah Area Agency on Aging, appeared before the Board and presented a brief report on the formation and program of action of the Agency on Aging. He explained the funding of the program and stated that Frederick County was being requested to participate in th amount of $366.00 for this fiscal year. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein refer the request for funds in the amount of $366.00 of the Shen- andoah Area Agency on Aging to the Finance Committee for study and recommendation to the Board. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings, and Dennis T. Cole. BAKER SUBDIVISION - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented the plat of the Baker subdivision and stated that recreationa impact fee was not recommended because there are existing dwellings on these lots. H stated that zoning, Health and Highway Departments approvals had been received and th Planning Commission recommends approval of this plat. 141 142 Upon motion made.by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the Baker Subdivision consisting of two (2) lots in boro Magisterial District fronting on Route 608. 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 Dennis T. Cole. HIMELRIGHT LOTS - GAINESBORO MAGISTERIAL DISTRICT - Mr. Berg presented the plat of the Himelright lots and stated that Mr. Himelrighl has two homes on one lot and that the home on Lot B will not be served by the state maintained road. He stated that in order to sell the home on Lot B, Mr. Himelright was requesting two non - conforming lots under the ordinance inasmuch as there are exis� ing homes on the property. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the Himelright Lots consisting of two lots off Route 654 i4 Gainesboro Magisterial District in accordance with the following exception as permit -1 ted in the Frederick County Division of Land Ordinance, Section 7 -1: Under the authority granted by Section 7 -1 Exceptions, The administrator grants a variance to the requirements of Section 4 -17, and Section 4 -32 -1 of the Frederick County Division of Land Ordinance. This variance is grant- ed because the two (2) existing homes are built in such a way that it is im- possible to meet minimum road requirements and minimum lot size; and with the understanding that the right -of -way fronting Lot Two (2) is not dedicat- ed to Frederick County and will not be state maintained. 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 Dennis T. Cole. KENNETH E. JENKINS SUBDIVISION - GAINESBORO DISTRICT - APPROVED Mr. Berg presented the plat of the Kenneth E. Jenkins subdivision and stated tha it should be noted that this is an unusual situation; that Tract B represents a pipe - stem lot and is not an advisable building practice and something that should not occur in subdivisions. He further stated that should the Board accept this subdivision it should be noted that this is an unusual situation and not something that is a normal occurrence. Mr. Berg stated:that Parcel A would be a non conforming shoul� be tied with the Hayfield Assembly of God Church. Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the Kenneth E. Jenkins Subdivision, consisting of two (2) lots off Route 50 West in Gainesboro Magisterial District in accordance with the nota tions previously presented by Mr. Berg. 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 Dennis T. Cole. MOBILE HOME PERMITS - SOUTHERN METALS PRODUCTS, MRS. GARY DICK, CHARLES K. BAIN, MR. AND MRS. RO GER MILLER AND DONALD SLONAKER - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following mobile home permits: 1. Southern Metals Products Company - Back Creek District 2. Mrs. Gary Dick - Gainesboro District 3. Charles K. Bain - Gainesboro District 4. Mr. and Mrs. Roger Miller - Stonewall District 5. Donald Slonaker - Back Creek District • n L—: n U L • The above resolution was passed by the following recorded vote: Aye - S. Roger 143 Koontz, Thomas B. Rosenberger, Dr.. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm land Dennis T. Cole. CATHER SUBDIVISION - REAPPROVAL Mr. Berg presented the plat of the Cather Subdivision in Back Creek District and stated that this plat has previously been approved but because it had not been record', ed within the specified time the approval has expired. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein reapprove the plat of Cather Subdivision consisting of four lots located in Back Creek Magisterial District The above resolution was passed by the following recorded vote: Aye - S. Roger n LJ Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R•. Thomas Malcolm, and Dennis T. Cole. FINANCE COMMITTEE RECOMMENDATIONS Mr. Rosenberger presented the recommendations of the Finance Committee as foll Recommendation that the Property Be4innin4 in C and Proceed To Make ndar Year 1977 LJ 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, Vir- ginia, does herein accept and approve the recommendation of the Finance Committee that the Board of Supervisors proceed to make preparations for a reassessment of real pro- perty beginning in calendar year 1977, said reassessment to be effective for calendar year 1978; and further that said reassessment be conducted by a private firm and not by the state assessors. 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 Dennis T. Cole. Mr. Rosenberger reported that a recommendation from the Finance Committee on a F_ I L 1 central dispatch facility has not yet been formulated but should be forthcoming in near future. ENGINEERING AND CODE ENFORCEMENT COMMITTEE RECOMMENDATION Mr. Malcolm presented the recommendation from the Committee on Engineering and Code Enforcement as follows: tion That Fredericktowne I, Phase I - Approved tion For A Reassessment of Real Post A Surety Bond For Street Completion i Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia does herein direct that Fredericktowne Company be required to post a surety bo in the amount of $7,000 to cover the cost of completion of the streets in Frederick - towne Subdivision, Section III, Phase I until such time as the streets are completed to Virginia Department of Highways and Transportation specifications in order that building permits might be issued. The above resolution was passed by the following recorded vote: Aye - S. Roger I U Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. TREASURER REQUEST FOR TAX REFUNDS - LAND USE TAX - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve.the following tax refunds for erroneous payment of land t. 11 taxes as recommended by the Treasurer of Frederick County: Esther G. Whitacre $ 6.79 John W. Whitacre 6.78 Marika W. Ailsworth 5.06 Edward L. Christianson 1.84 Wilda Fout 14.26 Earl Hovermale 2.53 J. Floyd Luttrell 2.76 J. L. Nethers 28.06 Charles D. Rinker 21.16 Fred E. Unger 48.07 Ray V. Brumback 38.64 Daniel A. Colaw, Jr. 57.50 Ethel M. Conner 51.06 Reginald Van M.Graff 90.62 Stanley M. Hirschberg 16.56 Turnstall C. Powers 250.47 L. V. Ridings 2.76 Harry S. Ritenour 70.38 James K. Robinson 4.60 Louis F. Stelzl 46.69 Clara Vincent 111.32 C. G. Crawford 134.09 F. R. Crawford 5.52 James T. Clevenger 6.67 Dennis T. Cole 62.10 Harry L. McCann 17.94 Wilma V. Schlack 43.93 G. Grover Teets, Jr. 19.32 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! Abstaining - Dennis T. Cole. FREDERICK COUNTY SANITATION AUTHORITY REQUEST FOR LOAN FUNDS - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that loan in the amount of $73,350.00 is hereby authorized to the Frederick County Sanita - tion Authority; and, BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended budget code 10- 01OH -902C of the General Fund and that this loan is a part of and not an addition to the approved loans to the Frederick County Sanitation Authority and shall be subject to the terms established by this Board on December 11, 1974; and, BE IT FURTHER RESOLVED, That a breakdown of said funds is as follows: Porter and Cole, Inc. - Periodical Estimate No. 2 - $73,350.00 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L..Fish, Will L. Owings, and R. Thomas Malcolm. Abstaining - Dennis T. Cole. ORDINANCES FIRST AND SECOND READING Mr. Renalds stated that the petitioner had requested that the request for rezon- ing of Edwin G. and Phyllis S. Simmons be withheld from Board consideration at this time. The Board agreed to this request. The Board accepted the following ordinance on first and second reading: Zoning Map Amendment Petition No. 010 -76 of David R. and Margaret V. Soper, Route 4, Box 289, Winchester, Virginia hereby request that 1.558 acres, more or less, located on the South side of Route 50, approximately 2/10 miles West of intersection with Route 654, now zoned Agricultural, General (A -2) be rezoned: Business, General (B -2). This parcel is designated as 52- (A) -92 on Tax Map 52 and is in Back Creek Magisterial District. The following ordinance was referred to the Committee on Law Enforcement and Courts for study and recommendation. AN ORDINANCE TO AMEND AN ORDINANCE PASSED AUGUST 10, 1970, AND AMENDED FEBRUARY 23, 1972, AND NOVEMBER 12, 1975, ENTITLED AN ORDINANCE TO EM- POWER THE COUNTY OF FREDERICK, VIRGINIA TO LEVY AND ASSESS TAXES AND CHARGE LICENSE FEES UPON MOTOR VEHICLES, TRAILERS, AND SEMI - TRAILERS; LIMITATIONS OF AMOUNT; DISPOSITION OF REVENUE; REQUIRING EVIDENCE OF PAY- MENT OF PERSONAL PROPERTY TAXES; PROHIBITING DISPLAY OF TAGS AFTER EXPIR- ATION; PUNISHMENT FOR VIOLATION; IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION 46.1 -65 OF THE CODE OF VIRGINIA, 1950, AS AMENDED. MONTHLY STAFF REPORT - ACCEPTED 1 • • r LJ • C 4 88 4 3 145 After review, the monthly staff report was accepted. APPOINTMENTS AMBROGI, MAUCK AND SIMPSON TO LAW ENFORCEMENT AND COURTS COMMITTEE - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, I BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Lawrence R. Ambrogi, David G. Simpson and Carroll K. Mauckl to the Committee on Law Enforcement and Courts for calendar year 1976. The above resolution was passed by the following recorded vote: Aye - S. Roger U i • Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm; and Dennis T. Cole. HUD COMMUNITY DEVELOPMENT BLOCK GRANT APPROVED Mr. Koontz stated that Frederick County's request for grant funds for $245,000 under the Community Development Block Grant had been secured. He stated that these funds would be used to put water and sewer in the Freetown area and water in the Sunn side area. He further stated that the only thing the County has to do at this point is file the final application. REQUEST PRESENTED THAT BOARD CONSIDER TAX RELIEF FOR DISABLED Dr. Fish requested the Board to consider perhaps enacting in the future some type Df tax relief for disabled persons such as the tax relief we have for the elderly at the present time. DISCUSSION OF SANITATION AUTHORITY PROJECT AND FUNDING There was a short discussion regarding the water and sewer projects of the Fred- erick County Sanitation Authority and the status of funding for said project. Mr. Rosenberger requested that a meeting be set between the Board of Supervisors and the Sanitation Authority so that these matters might be discussed jointly. COMMONWEALTH ATTORNEY REQUESTED TO RENDER WRITTEN OPINION REGARDING GLEN RUSSELL'S ALLEGATION OF ERRONEOUS PAYMENT OF REAL ESTATE TAXES The Board discussed briefly with Mr. Ambrogi the claim of Mr. Glen Russell pre- viously presented to the Board that he was erroneously paying taxes on real estate he ' does not own. Mr. Ambrogi stated that in his opinion taxes could be charged to Mr. Russell only for the property on record in the Clerk's office in his name. Mr. Roy Jennings stated that he would request the Board to seek the opinion of the Attorney General on this matter inasmuch as 20 acres of property would be unac- counted for should Mr. Russell's property be reduced from 100 to 80 acres_ for tax • Mr. Ambrogi agreed to furnish the Board a written opinion on this matter in the near future. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE OF SUPERVISORS DO NOW ADJOURN. rman uperwisors .ary Bd. of Supervisors A Special Joint Meeting of the Frederick County Board of Supervisors and the Frederick County Planning Commission was held on March 17, 1976, at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Board of Supervisors - S. Roger Koontz, Chairman; Thomas B. Rosenberge�',, ce Chairman; Dr. Raymond L. Fish; Will L.• Owings; R. Thomas Malcolm; and Dennis T. Cole. PRESENT: Planning Commission - C. Langdon Gordon, Chairman; Frank Brumback, Vi Chairman; Elmer Venskoske; Manuel DeHaven; James Golladay, Jr.; and Roy Williams. ABSENT: Keith Williams. I ' Chairman Koontz called the meeting to order. WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned Members of the Board of Supervisors of Frederick County, Vir= ginia, the Commonwealth Attorney and Clerk of the Board, do hereby waive Notice of Special Meeting to be held on Wednesday, March 17, 1976, at 7:00 P.M. in the Frederick County Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, for • the following purposes: 1. Discussion of the proposed Land Use Plan with the Frederick County Planning Commission 2. Such other business as may come before the Board. Signed and attested this 10th day of March 1976 /s/ S. Roger Koontz S. Roger Koontz Chairman /s/ Thomas B. Rosenberger , Thomas B. Rosenberger Vice Chairman Back Creek District • /s/ Dr. Raymond L. Fish Dr. Raymond L. Fish Gainesboro District /s/ Will L. Owings Will L. Owings Opequon District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney • ATTEST: /s/ J. O. Renalds, III ' J. 0. Rena ds, III County Administrator Clerk to the Board of Supervisors DISCUSSION OF PROPOSED LAND USE PLAN Mr. C. Langdon Gordon explained the Planning Commission view of the proposed Land Use Plan and then turned the presentation of the plan over to Mr. H. Ronald Berg, County Planner. • Mr. Berg stated that the Land Use Plan is a concept designed to meet the needs of the citizens. He then explained the goals and objectives of the Plan and stated that there are five districts contained therein. Lot sizes in the Agricultural District were discussed at length, Mr. Cole and Mr. DeHaven objected strenuously to this requirement stating that among other things they felt it was unfair to the landowner. Mr. Berg stated that the requirement was . a tool to discourage growth in the ' County. The possibility of reducing the five acre lot size to three acres was discussed. The following committee was appointed to study the three acre versus five acre lot requirement and the possible restrictions to be placed on this requirement, said committee to report back to the Planning Commission and Board of Supervisors with 147 their recommendations in approximately one month: Thomas B. Rosenberger, Chairman; Langdon Gordon; Ronald Berg; Roy Williams; and Lawrence Ambrogi. The remaining districts in the proposed Land Use Plan were discussed briefly. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. The Regular Meeting and Annual Road Hearing of the Frederick County Board of • Supervisors, was held on Wednesday, March 24, 1976, at 7:00 P.M. in the Frederick County Courthouse, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Reverend Jim Boice of the United Methodist Church presented the invocation. The Chairman called the meeting to order. • APPROVAL OF MINUTES Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the minutes of the Regular Meeting of this Board held on March 10, 1976, the Special Meeting held on March 15, 1976 and the Special Meeting held on March 16, 1976, as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm; and Dennis T. Cole. REIMBURSEMENT PETTY CASH FUND - DIRECTOR OF ACCOUNTING - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • 1 • ginia, does herein approve the request of the Director of Accounting for reimbursement of his petty cash account for the following expenditures: 3 -04 -76 Dean Nuri - Mailcarrier (Postage Due) $ .75 01 -001A -218 3 -05 -76 Florence M. Day - Reim. ear plugs 1.25 01- OO1G -215C 3 -08 -76 George Kerns - Reim. Liquid Wrench 2.15 18- 18F4 -215B 3 -10 -76 Lord Fairfax Community College - Ayers 18.75 01 -OO1D -221 3 -10 -76 Lord Fairfax Community College - Book Store - Ayers 18.00 01 -OO1D -221 3 -16 -76 U.S. Leasing Corporation - rent 51.83 01 -001A -217 3 -16 -76 Lord Fairfax Community College - Sanger 42.50 06 -006A -221 3 -16 -76 Lord Fairfax Community College - Mauck 37.50 06';006A-221 3 -16 -76 Lord Fairfax Community College - Buchanan 37.50 06 -006A -221 3 -16 -76 Lord Fairfax Community College - Wheeler 37.50 06 -006A -221 3 -18 -76 Lord Fairfax Community College - Long 56.25 06 -006A -221 3 -18 -76 Lord Fairfax Community College - Himmelright 37.50 06 -006A -221 3 -18 -76 Lord Fairfax Book Store - Himmelright 18.75 06 -006A -221 $360.23 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 Malco and Dennis T. Cole. MOBILE HOME PERMITS - GREATHOUSE, STROTHER, LEARY EDUCATIONAL CENTER - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the mobile home permit of Stanley Eugene Greathouse on Route 676 in Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz; Thomas B. Rosenberger; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malco • and Dennis T. Cole. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the mobile home permit of Leary Educational Center for two mobile classrooms, one mobile restroom, and one mobile dorm on Route 699 in Gainesbor� Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz; Thomas B. Rosenberger; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm and Dennis T. Cole. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia,.does herein approve the mobile home permit of Charles A. Strother on Route 654 in Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz; Thomas B. Rosenberger; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm and Dennis T. Cole. REAPPOINTMENT OF TION AUTHORITY - R. HODGSON AND WILLIAM A. MORRISON TO FREDERICK COUNTY SANI Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein reappoint William A. Morrison to the Frederick County Sanitation Authority for a term of four years, said term to commence on April 15, 1976 and exp on April 15, 1980. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, R. Thomas Malcolm, Dr. Raymond L. Fish, Will L. Owings and Dennis T. Cole. Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein reappoint Donald R. Hodgson to the Frederick County Sanitation Au- thority for a term of four years, said term to commence on April 15, 1976 and expire on April 15, 1980. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish; Will L. Owings, R. Thomas Malcolm land Dennis T. Cole. RECOMMENDATIONS - COMMITTEE ON LAW ENFORCEMENT AND COURTS Mr. Cole presented the recommendations from the Committee on Law Enforcement a Courts as follows: AMENDMENT - INCENTIVE PAY PLAN FOR SHERIF DEPARTMENT - APPROVED Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following amendment to Section III of the Incentive Pay Plan for the Frederick County Sheriff's Department as recommended by the Commit on Law Enforcement and Courts: (a) Eligible Personnel Police - All personnel under the direct supervision of the Sheriff and - the investigator under the supervision of the Common Attorney. (b) Eligible Education All satisfactorily completed courses taken at Lord Fairfax Community College or at any other accredited institution of higher learning lead- ing toward a certificate or Associate of Applied Science Degree (AAS) in Police Science are eligible. Any other course work must be sub- mitted to the Educational Review Board for approval. In some cases partial credit will be awarded. • 1 • U • 1 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz; Thomas B. Rosenberger; Dr. Raymond L. Fish; Will L. Owings; R. Thomas. Malcolm; and Dennis T. Cole. AN ORDINANCE TO AMEND AN ORDINANCE PASSED MAY 9, 1973, ENTITLED AN ORDINANCE TO PRO- VIDE INDEMNIFICATION COVERAGE FOR FIREMEN, LAW ENFORCEMENT OFFICERS AND RESCUE SQUAD MEMBERS WHO LOSE THEIR LIVES IN THE LINE OF DITY - FIRST AND SECOND READING - APPROVE Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve, on first and second reading, the following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED MAY 9, 1973, ENTITLED AN OR_ DINANCE TO PROVIDE INDEMNIFICATION COVERAGE FOR FIREMEN, LAW ENFORCE- MENT OFFICERS AND RESCUE SQUAD MEMBERS WHO LOSE THEIR LIVES IN THE LINE OF DUTY. 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 Dennis T. Cole. AN ORDINANCE TO AMEND THE MOTOR VEHICLE TAG ORDINANCE OF FREDERICK COUNTY, VIRGINIA - FIRST AND SECOND READING - APPROVED Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve, on first and second reading, the following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED AUGUST 10, 1970, AND AMENDED FEBRUARY 23, 1972, AND NOVEMBER 12, 1975, ENTITLED AN ORDINANCE TO EM- POWER,THE COUNTY OF FREDERICK, VIRGINIA, TO LEVY AND ASSESS TAXES AND CHARGE LICENSE FEES UPON MOTOR VEHICLES, TRAILERS, AND SEMITRAILERS; LIMITATIONS OF AMOUNT; DISPOSITION OF REVENUE; REQUIRING EVIDENCE OF PAYMENT OF PERSONAL PROPERTY TAXES; PROHIBITING DISPLAY OF TAGS AFTER EXPIRATION; PUNISHMENT FOR VIOLATION; IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION 46.1 -65 OF THE CODE OF VIRGINIA, 1950, AS AMENDED The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz; Thomas B. Rosenberger; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. FINANCE COMMITTEE RECOMMENDATIONS Mr. Thomas Rosenberger presented the recommendations of the Finance Committee as follows: RECOMMENDATION THAT REASSESSMENT NOT BE CONDUCTED AT THIS TIME AND THAT PREVIOUS ACT- ION OF THIS BOARD TAKEN ON MARCH 10, 1976 RELATIVE TO REASSESSMENT BE RESCINDED - APPROVED Mr. Rosenberger stated that the Finance Committee had found that the cost of a reassessment in the County would be considerably higher than the Board had previously understood and therefore the Finance Committee recommended that the reassessment not be conducted at this time and that action taken by this Board on March 10, 1976 di- recting that the Board proceed with a reassessment be rescinded. The Board discussed the possibility of setting up a Board of Equalization and agreed to consider this matter further. 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 Vir- 3inia, does herein agree that a reassessment of real property in the County of Fred- rick shall not be initiated at this time; and, BE IT FURTHER RESOLVED, That this Board does herein rescind its action taken on Karch 10, 1976 wherein they agreed to make preparations for a reassessment for calen- Jar year 1976. The above resolution was passed by the following recorded vote: Aye - S. Roger (oontz; Thomas B. Rosenberger; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. 3ECOMMENDATION THAT DONATIONS TO COUNTY FIRE COMPANIES BE INCREASED AND CENTRAL DIS- 149 150 PATCH BE LEFT TO THE DISCRETION OF THE INDIVIDUAL FIRE COMPANIES - TABLED Mr. Rosenberger stated that the Finance Committee recommended that the donations to the fire companies in Frederick County be increased to $4,000 for fiscal year 1976 1977. He stated that the fire companies could then decide individually whether or no they want to participate in a central dispatch system using a part of this donation ' and in this manner the County government would not become involved in the decision making of the County fire companies. Mr. Rosenberger moved for the approval of this recommendation and the motion was seconded by Dennis T. Cole. There was a short discussion as to whether or not this would be suitable to the fire companies inasmuch as this was not the proposal they had presented to the Board. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein table the recommendation of the Finance Committee relative to in- creasing the donation to County fire companies to $4,000 for fiscal year 1976 -1977 so that they might decide individually whether or not to participate in a central dis- patch system until the next regular meeting of this Board so that the Supervisors might have sufficient time to study and discuss this matter with all the parties con- cerned. , 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 Dennis T. Cole. VIRGINIA MUNICIPAL LEAGUE REQUEST RE: VML POLICY COMMITTEE NOMINATIONS - TABLED Mr. Renalds explained briefly the Virginia Municipal League's request for policy committee nominations. The Board agreed to table this matter for further study until the next regular meeting of the Board. RESOLUTION RE: POSTAGE FOR COMMISSIONER OF REVENUE - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings., • BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the Treasurer of Frederick County is hereby authorized to disburse funds in payment o , postage charges for bulk mailings; and, BE IT FURTHER RESOLVED, That the Treasurer shall make the checks payable to Post master, City of Winchester and shall only issue said checks upon request of a Consti- tutional Officer, 'County Administrator or the Director of Accounting. 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 Dennis T. Cole. CONSTITUTIONAL OFFICERS' BUDGETS TO BE CONSIDERED AT BUDGET SESSION ON MARCH 25, 1976 The Board agreed to consider approval of the budgets of the Constitutional Of- ficers at their budget session set for March 25, 1976. ABANDONMENT - ROUTE 687 - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, WHEREAS, on the llth day of February, 1976, the Board gave notice of the inten- , tion to abandon Secondary Route 687, from .65 mile east of Route 600 to .90 mile east of Route 600, (end of State Maintenance) a distance of .25 miles, pursuant to Section 33.1 -151 of the Code of Virginia of 1950, as amended; and, WHEREAS, after due consideration the Board has determined that no public necessity 151 i • • • 1 • exists for continuance of the said section of Secondary road as a public road and th the welfare of the public will be served best by abandoning such section of road. NOW, THEREFORE, BE IT RESOLVED: That Secondary Route 687, from .65 mile east o Route 600, to .90 mile east of Route 600, (end of State Maintenance) a distance of . .25 miles, be, and the same hereby is, abandoned as a public road pursuant to Sectio 33.1 -151 of the Code of Virginia of 1950, as amended. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz; Thomas B. Rosenberger; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcol and Dennis T. Cole. ANNUAL ROAD HEARING Mr. John Chiles, Resident Engineer of the Virginia Department of Highways present- ed a brief description of the Annual Road Hearing and the operation of the Highway Department with regard to the road system within Frederick County. He introduced Mr. R. C. King, Mr. Jerry Copp and Mr. Paul Racey, representatives of the Department of Highways who would assist him in receiving the requests to be presented during the hearing. Thereupon, the following requests were presented by magisterial district: OPEQUON DISTRICT SUPERVISORS: Mr. Will L. Owing§ RUUTE DESCRIPTION TYPE 1MPRUVEMENT LENGTH TKAP'Y1C F- EUUE6'1'ED II REQUESTED COUNT BY 11 & 642 Intersection 277 & 10i0 Intersection (Meadows Subdivision) 629 Route 631 - Route 625 636 End Hard Surface - Route 641 636 Route 709 - Route 735 738 Route 758 - End of Maintenance Improve lighting Reduce Speed Limit Cut down hill Widen spots Improve Drainage Widen & Gravel NEW ADDITION REQUESTS Extend Route 737 for an additional 1000 feet West STONEWALL DISTRICT Laura Pifer - - Laura Pifer 1.80 48 H. B. Alexander 2.20 52 Will Owings 1.10 46 Dan Carney (Petition) 0.78 83 Will Owings 529 Dennis Cole & Ms. Compton James Cline SUPERVISOR: Mr. Dennis T. Col iv,.0 11 -Lk-: - ,Z QUrS COUNT BY 660 & 661 Intersection Improve drainage - 492 Charles Boyd 661 At B & O Railroad Crossing Improve crossing - 250 Charles Boyd 664 & 729 Intersection Improve sight distance - 529 Dennis Cole 668 Rt. 11 - Route 667 Improve and hard surface 1.45 78 -109 Rev. Craig Burleson (Petition) 668 Route 11 - Route 667 Pave 1.45 78 -109 Lewis Ebert 670 Route 669 - End of Maint. Pave and reconstruct 0.60 309 Dennis Cole 672 Rt. 11 - Route 667 Widen Road 1.70 1044- 1859Dennis Cole NEW ADDITION REQUESTS None 152 1 • • • • 1 BACK CREEK DISTRICT SUPERVISOR:. Mr. Thomas Rosenberger ROUTE DESCRIPTION TYPE IMPROVEMENT LENGTH TRAFFIC REQUESTED REQUESTED COUNT BY 608 Rt. 50 - Rt. 600 Patch holes, erect guard rail at High View Lake 10.09 135 -1105 Charles Wolf 614 At Intersection Rt. 50 Improve bridge - 983 Tom Rosenberger 618 Rt. 608 - Rt. 622 Pave 3.30 22 -31 Ronald Link 733 Rt. 50 - 0.70 Mi. S. Rt. 50 Improve Hill 0.70 35 Tom Rosenberger 790 Rt. 608 - End of Maint. Hard Surface 0.70 33 Tom Rosenberger (Letter) NEW ADDITION REQUESTS Road leading off Route 50 - Lincoln Estates - 2.0 Miles Frank Sherwood (Petition) Extend Route 654 0.50 Mile south. Tom Rosenberger (Petition) SHAWNEE DISTRICT SUPERVISOR: Mr. Thomas R. Malcolm ROUTE DESCRIPTION TYPE IMPROVEMENT LENGTH TRAFFIC REQUESTED REQUESTED COUNT BY 7 & 656 Intersection Improve sight distance - - Ed Lambert 646 Route 522 - Clarke Co. Line Pave 0.30 41 Floyd Ritter (Petition) 656 At Intersection Rt. 655 Maintenance Problem Hump in Road - 788 Ed Lambert 656 Route 657 - Rt. 7 Nr. Abrams Creek Dis- Maint. Problem posal Plant Surface,Treat 1.77 543 -742 Ed Lambert 728 Rt. 645 -Rt. 50 Cut brush, improve shoulders and repair culverts 0.80 243 Gary VanMeter NEW ADDITION REQUESTS Road leading off Route 657 south for 850 feet. Broad Street - Lockard Subdivision East of Route 831. Ed Lambert (Petition) GAINESBORO DISTRICT SUPERVISOR: Mr. Raymond L. Fish ROUTE DESCRIPTION TYPE IMPROVEMENT LENGTH TRAFFIC REQUESTED REQUESTED COUNT BY 740 Route 671 -West. Va. Abandon Existing Rt. 0.80 11 Allen Morrison Line end take in new (Sketch) 50' Right of Way in- to the Secondary Sys- tem, which would also be a NEW ADDITION COMPLAINT OF POLLUTION IN BACK CREEK Dr. Fish stated that he had received a call that the Back Creek is being pollute He requested that this matter be investigated. Mr. Koontz stated that he would have Mr. W. H. Jones, Engineer- Director of the Sanitation Authority take some samples from the stream so that they might be tested and the proper authorities notified. REQUEST FOR REPAIR TO RAILROAD CROSSING ON ROUTE 50 OFF ROUTE 614 Mr. Rosenberger stated that there are several loose boards on the railroad cross ing on Route 50 off Route 614 causing a hazardous condition. He requested that this matter be investigated and repaired. Mr. Koontz requested Mr. Renalds to contact the Highway Department or the rail- 1 • • • • 1 153 road company in.order to have this situation corrected. MR. ROSENBERGER REQUESTED TO DO IN DEPTH STUDY ON CENTRAL DISPATCH SYSTEM Mr. Koontz requested Mr. Rosenberger to do an in depth study on the Central Dis- 1 patch System in order to determine how the county and city companies feel on the mat- ter and to report his findings back to the Board. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE U BOARD OF SUPERVISORS DO NOW ADJOURN. Chairman Bd. ® Superv' ors Secre ry Bd. of Supervisors A Special Meeting of the Frederick County Board of Supervisors was held on March 25, 1976, at 7:30 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Win chester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice - Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Chairman called the meeting to order. n U WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned Members of the Board of Supervisors of Frederick County, Vir ginia, the Commonwealth Attorney, and Clerk of the Board, do hereby waive Notice of Special Meeting to be held on Thursday, March 25, 1976 at 7:30 P.M. in the Frederick County Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, for the following purposes: 1. Budget Discussion 2. Approval of Constitutional Officers Budgets. 3. Other business as may come before the Board. Signed and attested this 25th day of March, 1976. u n i /s/ S. Roger Koontz S. Roger Koontz Chairman Frederick County Board of Supervisors /s/ Thomas B. Rosenberger Thomas B. Rosenberger Vice Chairman Back Creek District /s/ Dr. Raymond L. Fish Dr. Raymond L. Fish Gainesboro District /s/ Will L. Owings Will L. Owings Opequon District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney ATTEST: /s/ J. O. Renalds, III J. 0. Renalds, III County Administrator -lerk to the Board of Supervisors DISCUSSION VAN DYKE PROPOSAL The Board discussed the proposed compromise by the attorneys for H. Ray Van Dyke ing his proposed mobile home park in Opequon District south of Route 277. The 154 Board agreed that no further action would be taken by the Board until such time as the request of Mr. Van Dyke for the additional Thirteen (13) acres or such other land as he may seek to have approved for a mobile home park is presented to the Planning Com- mission and the Board of Supervisors in the process of following the normal channels for this type approval. ' BUDGET DISCUSSION The Board reviewed the budget requests of all Departments and discussed the pro- posed pay increase for both County Employees and School Board employees. No agreemen was reached on the percentage to be used and the budgets of the Constitutional Office s were further reviewed. Discussions with the Constitutional Officers on their budgets took place and the Board decided to postpone making any final determinations until the next budget ses- • sion which was set for Monday, March 29, 1976, at 8:30 P.M. in the Board meeting Room. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW AQJOURN. \ Chairlhan B 7 Suj5 ' ervi s o Secr tary Bd. of Supervisors � 1 A Special Meeting of the Frederick County Board of Supervisors was held on March • 29, 1976, at 8:30 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Win T, chester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice - Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Chairman called the meeting to order. WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned Members of the Board of Supervisors of Frederick County, Vir' ginia, the Commonwealth Attorney, and Clerk of the Board, do hereby waive Notice of Special Meeting to be held on Monday, March 29, 1976 at 8:30 P.M. in the Frederick • County Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, for the following purposes: ' 1. Budget Discussion 2. Other business as may come before the Board Signed and attested this 25th day of March, 1976. /s/ S. Roger Koontz S. Roger Koontz Chairman Frederick County Board of Supervisors /s/ Thomas B. Rosenberger • Thomas B. Rosenberger Vice Chairman Back Creek District /s/ Dr. Raymond L. Fish Dr. Raymond L. Fish Gainesboro District /s/ Will L. Owings Will L. Owings Opequon District /s/ R. Thomas Malcolm ' R. Thomas Malcolm Shawnee District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney 155 ATTEST: /s/ J.O. Renalds, III J.•0. Renalds, III County Administrator Clerk to the Board of Supervisors ' ( BUDGET DISCUSSION The Board reviewed a summary of total departmental figures prepared by the Di- rector of Accounting and discussed miscellaneous cuts in Department Heads and Consti- tutional Officers budgets. The cutting of school budgets was discussed with the Com- monwealth Attorney and it was determined that cuts could be made in the over -all bud- get or in major categories only. Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein agree to cut $50,000 over and above the previously discussed $175,000 out of the school board budget making a total school budget cut of $225,000. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr.. Raymond L. Fish, Will L. Owings, and Dennis T. Cole. Nay - S. Roger Koontz and R. Thomas Malcolm. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein agree to recommend a 6k% increase for County employees and School Board em- ployees. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and Dennis T. Cole. Nay - S. Roger Koontz and R. Thomas Malcolm. The Board finalized the budgets of the Constitutional Officers in order that might be submitted to the State Compensation Board prior to April 1, 1976. The Board set the next budget meeting for 7:00 P.M, on April 7, 1976, in the Board Meeting Room. UPON.MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE • (BOARD OF SUPERVISORS DO NOW ADJOURN. A Special Meeting of the Frederick County Board of Supervisors was held on Wed- nesday, April 7, 1976, at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Cour Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Will • 11L. Owings; R. Thomas Malcolm; Dennis T. Cole; and Dr. Raymond L. Fish. (Dr. Fish arrived late and therefore is not recorded in the vote of the first two items of bus- iness) . The Chairman called the meeting to order. WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned Members of the Board of Supervisors of Frederick County, Vi ginia, the Commonwealth Attorney and Clerk of the Board, do hereby waive Notice of Special Meeting to be held on Wednesday, April 7, 1976, at 7:00 P.M. in the Board of Supervisors' Meeting,Room, 9 Court Square, Winchester, Virginia for the following purposes: 1. Budget Discussion 156 2. Such other business as may come before the Board. Signed and attested this 29th day of March, 1976. /s/ S. Roger Koontz S. Roger Koontz Chairman /s/ Thomas B. Rosenberger Thomas B. Rosenberger , Vice Chairman Back Creek District /s/ Dr. Raymond L. Fish Dr. Raymond L. Fish Gainesboro District /s/ Will L. Owings Will L. Owings Opequon District /s/ Dennis T. Cole Dennis T. Cole • Stonewall District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney ATTEST: /s/ J. 0. Renalds, III , J. O. Renalds, III County Administrator Clerk of the Board of Supervisors • I ROAD SIGN TO BE PLACED AT ENTRANCE TO PLAZA PARKING LOT Mr. Cole requested that a sign be placed on the Plaza parking lot at the exit to Boscawen Street which would indicate that individuals should not enter the lot at tha point. The Board agreed to this being done. FOSTER SUBDIVISION - REAPPROVED A plat of the foster subdivision which had been previously approved by the Board but had not been recorded within the fourteen (14) days following approval as require was presented to the Board with a request for reapproval. Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein reapprove the subdivision plat of Robert A. Foster located in Stone- wall Magisterial District containing one (1) lot as previously approved by the Board on November 25, 1975. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. MR. KENNETH STILES ADDRESSES BOARD RELATIVE TO REASSESSMENT Mr. Kenneth Stiles addressed the Board with regard to the previously discussed • proposed reassessment and the possibility of setting up an equalization board as well as the assessments on farmland. Mr. Koontz stated that based upon the best figures he had available at the time, that farmland property in Frederick County paid less than 10% of the total real estat tax bill in the County. PARKS AND RECREATION DEPARTMENT - REQUEST FOR FUNDS TRANSFER - APPROVED Mr. William Pike, Director of Parks and Recreation and Mr. Dave Fahnestock, Chair- , man of the Parks and Recreation Commission, appeared before the Board and requested that the Board consider transferring $25,000 from a land purchase and development cat- egory in the current budget to the Parks and Recreation budget for Stephens City in order that the development of the Stephens City Park might proceed. 1.5 7 Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- Iginia, does herein approve the transfer of $25,000 as requested by the Parks and Re- creation Department from Category 19 -18E -600, Purchase of Land /Development to Ca 19 -18F6 -601, Stephens City Park - Improvement to Sites. 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 Dennis T. Cole. FREDERICK- WINCHESTER SERVICE AUTHORITY - PROPOSED BUDGET FUNDS REDUCED After much discussion, the Board decided to reduce the budget figure for the Frederick - Winchester Service Authority by $60,000 from $160,000 to $100,000 for 1976- 1977. PARKS AND RECREATION BUDGET REDUCED BY $12,500 Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors does herein direct that the budget is for fiscal year 1976 -1977 for the Parks and Recreation Department be reduced an addi- tional $12,500 over and above that money cut out in previous budget sessions. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, and Dennis T. Cole. Nay - R. Thomas Malcolm and Will L. Owings. SALARIES FOR CASE OFFICERS SET Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein set the salaries for case officers in the budget of the Division of Court Services at $8,400. The above resolution was passed by the following recorded vote: Aye - S. Roger U Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Dr. Raymond L. Fish, Abstaining. ADDITIONAL BUDGET CUTS DIRECTED The Board of Supervisors further directed the County Administrator to cut an ad- ditional $25,000 out of the budget from any category other than Schools, General District Court, Circuit Court, and Constitutional Officers and forward said cuts by memorandum to the Board of Supervisors for their consideration. The Board also agree to cut an additional $13,000 from the Sheriff's budget and an additional $10,000 from the local share of the welfare budget. The balance of $24,688 needed to balance the budget was stipulated to be made up from the expected revenue increases from interest on the County's surplus funds as recommended by the Director of Accounting. Mr. Rosenberger informed the Board that he would like for the Board to consider the possibility of a small tax increase for the 1976 -1977 budget, which increase woul be decided upon at a future date. MOBILE HOME PERMIT - GUY OATES - APPROVED Dr. Fish presented the request of Mr. Guy Oates for a trailer permit in a busi- ness zoned area on Route 50 adjacent to Route 654. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the application of Mr. Guy Oates for a trailer permit for an office on Route 50 West in the vicinity of Route 654 with the following conditions I - _.__ y ___.._. _ , 15.8 1. There will be no running water or active plumbing facilities and no well on the property. 2. Sanitary facilities for the site will be contained inside the office. 3. Permit is approved for a one (1) year time limit subject to renewal at the end of that time. 4. This permit is a non - occupancy permit; that is, there will be no in- dividual or individuals actually living within the structure. The above resolution was passed by the folloiwng recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L; Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. rman � d cf- �- a--�2— y Bd. of Supervisors The Regular Meeting of the Frederick County Board of Supervisors was held on April 14, 1976, at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square 4inchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Chairman called the meeting to order. APPROVAL OF MINUTES Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir -'. inia, does herein approve the minutes of the Special Meeting held on March 17, he Regular Meeting held on March 24, 1976; the Special Meeting held on March 25, 197E he Special Meeting held on March 29, 1976; and the Special Meeting held on April 7, 976 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger tz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, nd Dennis T. Cole. APPROVAL OF BILLS Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That.the Board of Supervisors of the County of Frederick, Vir- inia, does herein approve the bills for the month of March, 1976, in the amount of 74,174.95 and does order the same paid by Warrants #13725 - #13938 and Warrants 13940 - #13973. The above resolution was passed by the following recorded vote: Aye - S. Roger oontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, nd Dennis T. Cole. PPROVAL OF PAYROLL Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- inia, does herein approve the payroll for the month of March, 1976, in the amount of 76,026.20 and does order the same paid by Warrants #13599 through #13724. The above resolution was passed by the following recorded vote: Aye - S. Roger oontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, nd Dennis T. Cole. 1� • • . • 159 IHIGHWAY DEPARTMENT - APPOINTMENT OF ROAD VIEWERS Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- Iginia, does herein approve the appointment of the following road viewers for 1976 -1977 las nominated by the supervisors from the respective magisterial districts: Stonewall Magisterial District - Arthur Bragg Shawnee Magisterial District - Ray Bucklew Opequon Magisterial District - Fred Gore Back Creek Magisterial District - H. I.'Phillips 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 Dennis T. Cole. Dr. Fish stated that he would present a nomination for a road viewer from the Gainesboro Magisterial District at the next meeting of the Board. HEALTH DEPARTMENT The Health Department had no report, complaints, or requests. DOG WARDEN Mr. Harold Whitacre appeared before the Board and presented the monthly report o� both himself and the Assistant Dog Warden as follows: Doa Warden Miles Traveled 3022 Complaints 248 Dogs Picked Up 83 Dog Bites 5 Assistant Dog Warde Miles Traveled 1942 Arrests 65 Notices 40 Mr. Rosenberger asked what the policy was on the payment of kills by bear and Mr!! Whitacre stated that bear kills are not paid; that the only livestock kills honored by the County at this time are those by dogs. He then explained the procedure used eliminate bears when a kill has been reported. SANITATION AUTHORITY - REQUEST FOR LOAN FUNDS - APPROVED The request for loan funds for the Frederick County Sanitation Authority was pre sented. Mr. Owings asked how much money of the original loan is left and Mr. James Boyd replied that after the payment of this bill there would be a little over $200,00 left in this account. Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that a loan in the amount of $60,225.95 is hereby authorized to the Frederick County Sani- tation Authority; and, BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended f budget code 10- 01OH -902C of the General Fund and that this loan is part of and not an addition to the approved loans to the Frederick County Sanitation Authority and shall be subject to the terms established by this Board on December 11, 1974; and, BE IT FURTHER RESOLVED, That a breakdown of these funds is as follows: Porter and Cole, Inc. $57,764.70 Gilbert W. Clifford 2,461.25 Total $60,225.95 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Abstaining - Dennis T. Cole. MOBILE HOME PERMITS - WHETZEL, DILL, GRIFFITH, DODSON, AND MADIGAN - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 160 ginia does herein approve the following mobile home permits: 1. Richard L. Whetzel - Back Creek District 2. Mrs. Earl Dill, Jr. - Gainesboro District 3. William Griffith - Gainesboro District 4. Earl Dodson - Gainesboro District 5. Franklin Madigan - Gainesboro District The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm. and Dennis T. Cole. SUBDIVISIONS Leon B. Zeiger, Section 5 - Back Creek Magisterial District Mr. Berg presented the plat of the Leon B. Zeiger Subdivision, Section 5 and sta ed that the property is zoned residential; that the roadway has been approved by the Highway Department; and the Health Department has approved the septic systems. Mr. Berg further stated that the Planning Commission did not recommend approval of this subdivision inasmuch as they felt there would be too many septic tanks and drain fiel in an area of not too ideal soils. He advised that the Planning Commission on the last three subdivisions submitted for approval has recommended two drain field sites and this one has only one site set forth. Mr. Roy Williams of the Health Department reported that the Health Department ha' evaluated the soils in this subdivision and had approved them for septic tanks and drain fields. The roadways and slopes of the property were discussed. Mr. Benjamin Butler ap- peared before the Board representing Mr. Zeiger and stated that the roadways had been designed in accordance with the recommendations of the Planning Commission and Highwa} Department approval had been received. He stated that a soil analysis had been made on each lot and that he felt all the requirements of the subdivision ordinance had been met. Mr. Rosenberger reported that as a member of the Planning Commission he had votes for the approval of this subdivision inasmuch as he could see no legal reason to deny it until such time as the subdivision ordinance is changed. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the subdivision plat of Leon B. Zeiger, Section 5 contain- ing 10 lots in Back Creek Magisterial District located off Route 616. 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 Dennis T. Cole. PLAT REVISION - JOHN M. HEPFER - STONEWALL MAGISTERIAL DISTRICT - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the plat revision of John M. Hepfer to combine Lots 4 through 7 in Stonewall Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. PLAT REVISION - H. L. GRUBER - STONEWALL MAGISTERIAL DISTRICT - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the plat revision of H. L. Gruber to enlarge Lots 3 through 161 6 located in Stonewall Magisterial District on Route 661. The above resolution was passed by the following recorded .vote: Aye - S. Roger (Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Abstaining - Dennis T. Cole. PUBLIC HEARINGS REZONING REQUEST - DAVID R. AND MARGARET V. SOPER - FROM A -2 TO B -2 THIRD AND FINAL READING - APPROVED K CREEK DISTRICT - 1.558 ACRES Mr. Berg presented the rezoning request of Mr. and Mrs. David R. Soper. Mr. Rosenberger stated that he was familiar with the property sought to be rezon ed and it had been discussed at length by the Planning Commission. He stated that he felt there should be a master plan for this area as soon as possible. There was no opposition. 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, Vir- Iginia, does herein approve the following rezoning request, on third and final reading ZONING MAP AMENDMENT PETITION NO. 010 -76 OF DAVID R. AND MARGARET V. SOPER, ROUTE 4 BOX 289, WINCHESTER, VIRGINIA, HEREBY REQUEST THAT 1.558 ACRES, MORE OR LESS, LOCATED ON THE SOUTH SIDE OF ROUTE 50, APPROXIMATELY 2/10 MILE WEST OF INTERSECTION WITH ROUTE 654, NOW ZONED AGRICULTURAL, GENERAL (A -2) BE REZONED: BUSINESS,,GENERAL,(B -2) THIS PARCEL IS DESIGNAT- ED AS 52- (A) -92 ON TAX MAP 52, AND IS IN BACK CREEK DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger (Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm land Dennis T. Cole. SAN ORDINANCE TO AMEND AN ORDINANCE TO PROVIDE I LAW ON COVERAGE FOR FIREMEN THEIR LIVES IN THE LINE - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following ordinance, on third and final reading: AN ORDINANCE TO AMEND AN ORDINANCE PASSED MAY 9, 1973, ENTITLED AN OR- DINANCE TO PROVIDE INDEMNIFICATION COVERAGE FOR FIREMEN, LAW ENFORCEMENT OFFICERS AND RESCUE SQUAD MEMBERS WHO LOSE THEIR LIVES IN THE LINE OF DUTY. BE IT ORDAINED, By the Board of Supervisors of the County of Fred- erick, Virginia: Section 1 .. That Section 1 of the above captioned ordinance be a- mended to read as follows: Pursuant to authority contained in Sections 15.1 -136.1 through 15.1 -136.7 of the Code of Virginia, 1950, as amended, the following sections are set forth. Section 2 . That Section 2 of the above captioned ordinance be amended to read as follows: The following organizations are hereby recognized as an in- tegral part of the official safety program of Frederick County, Virginia, entitling their members to indemnification under the Code of Virginia, 1950, as amended, and as specified in Section 1 of this ordinance: Frederick County Sheriff's Department Clearbrook Volunteer Fire Department, Inc. Gainesboro Fire Company Greenwood Volunteer Fire-�Company Gore Fire Company Middletown Volunteer Fire and Rescue Company, Inc. North Mountain Volunteer Fire Company 162 Round Hill Community Fire Company Stephens City Fire Company, Inc. Star Tannery Volunteer Fire Department Winchester Volunteer Rescue Squad, Inc. Section 3. Should any section or provision of this ordinance be declared invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any other section or provision of this ordinance. ' Section 4. This ordinance shall be in full force and effect upon a- doption and enactment by the Frederick County Board of Supervisors. 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 Malco and Dennis T. Cole. AN ORDINANCE TO AMEND THE MOTOR VEHICLE TAG ORDINA - THIRD AND FINAL READING - nnnnnvsn Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED AUGUST 10, 1970, AND AMENDED FEBRUARY 23, 1972, AND NOVEMBER 12, 1975, ENTITLED AN ORDINANCE TO EM- POWER THE COUNTY OF FREDERICK, VIRGINIA, TO LEVY AND ASSESS TAXES AND CHARGE LICENSE FEES UPON MOTOR VEHICLES, TRAILERS, AND SEMITRAILERS; LIMITATIONS OF AMOUNT; DISPOSITION OR REVENUE; REQUIRING EVIDENCE OF PAYMENT OF PERSONAL PROPERTY TAXES; PROHIBITING DISPLAY OF TAGS AFTER EXPIRATION; PUNISHMENT FOR VIOLATION; IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION 46.1 -65 OF THE CODE OF VIRGINIA, 1950, AS AMENDED Section 1 . That the above captioned ordinance be amended by adding Section 10 which is to read as follows: Any motor vehicle registered to a resident of Frederick County must display a county tag which has been purchased and affixed to said motor vehicle by the owner within thirty (30) days of registration with the Commonwealth of Virginia or within thirty (30) days residence of said owner in Frederick County. In addi- tion, the County of Frederick will honor other valid local Vir- ginia jurisdictional tags until their normal expiration, except that a tag transfer will not be made by the Treasurer's office from such a tag. When a motor vehicle owner is eligible to trans- fer a county tag, such a transfer must be made within thirty (30) days of the date of the new motor vehicle registration. A county tag must be purchased annually as provided in Section 2 of the a- bove amended ordinance. Section 2 . It shall be required that after the deadline requirements as set forth, such county motor vehicle tag be properly displayed upon such motor vehicles subject to this ordinance. Failure to properly display such tag upon such motor vehicle shall result upon violation therefore, in a fine, not to exceed $25.00 or imprisonment in the County jail for a period of time not to exceed 10 days or both. Section 3 . Should any section or provision of this ordinance be declared to be invalid or unconstitutional, such decision shall not affect the val- idity or constitutionality of any other section or provision of this or- dinance. Section 4 . This ordinance shall be in full force and effect upon adoption by the Frederick County Board of Supervisors. 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 Malco and Dennis T. Cole. CONDITIONAL USE PERMITS Ralph W. Poe - Application for Condi Campqround - Defeated Use Permit to Construct Travel Ti ler • rl • 163 U � 1 `J • �J u Mr. Berg presented a brief background on the application of Mr. Ralph W. Poe to construct a travel trailer campground on his property located at the end of Ward Av- enue in Back Creek Magisterial District, stating that the campground would provide at proximately 75 travel trailer sites. He described the construction to be accomplishe at the proposed site. He stated that the application appeared to be substantially tt same as the one previously requested by Mr. Poe other than the change of the name. Mr. E. Eugene Gunter appeared before the Board representing Mr. Poe and stated that the application is substantially different from the previous one. He stated the a plat of the property had been presented setting forth proposed construction,.that Mr. Poe now lives on the property in a very nice dwelling, that Route 37 is all but completed and provides a natural barrier between the campground and the surrounding terrain. Mr. Gunter stressed that the application of Mr. Poe is not for a mobile home park but for the location of recreational campers on an overnight basis. Mr. Gunter advised that both Highway Department and Health Department approvals had been received for the proposed use of the property. He pointed out that the zoning of the property is A -2 which is the proper category for the proposed use but must have a cor ditional use permit which was what the application seeks. Mr. Gunter pointed out the the proposed location is the best in Frederick County for this use. He advised that Mr. Poe requested only a fair and honest evaluation of his right to use his property; that he has a right to use his property in any manner set forth in the A =2 zoning cat egory not requiring a conditional use permit. He stated that Mr. Poe had no desire to encroach upon his neighbors rights; that the proposed campground would not be un- sightly, would be an attribute to the community and a source of revenue to the County He further added that there would be no problems created for the people of the County or for law enforcement personnel. Mr. Poe appeared before the Board and stated that he had several people present in support of his application but several had to leave because of a lack of room. H then introduced Mr. John Holliday, Mr. Bryan Booker, Mr. Frank Arnold and Mr. Earl Haines who spoke in support of Mr. Poe's application. Mr. Thomas Monahan and Mr. John Prosser appeared before the Board representing the opposition and presented a brief background of this application stating that it had been heard by both the Planning Commission and Board of Supervisors and denied b both bodies; that it had been tested in the Courts and had also been denied there. Mr. Prosser stated that the current application is substantially the same as the pre vious one and he urged the Board to uphold the findings of the former Board of Super visors and deny this application inasmuch as it did not constitute good planning. Mr. Prosser introduced Mr. Rosser Payne, a professional planner, who presented a brief resume of a report he had prepared and presented to the Board on this partic lar matter during the hearing before the previous Board. Mr. Payne stated that the approval of this application, in his opinion, would not be good planning. He urged the Board to study carefully the A71 and A -2 zoning categories statement of intent i asmuch as he did not feel they,intended to create commercial campgrounds. Mr. Payne stated that the Board had previously been asked to consider and study the possibilit of including a portion of property west of Winchester in the residential district in the proposed Land Use Plan and that this study had not yet been completed. Mr. James B. Finan, Mrs. Linda White, Mr. Dick Blackwell, and Mr. W. C. Stivers appeared before the Board in opposition to Mr. Poe's application citing such object = ions as drainage and septic tank -drain field problems currently being experienced in the area; the location of a campground close to the city limits and a residential de velopment; the need for increased law enforcement; the question of good planning in 164 the County Mr. Monahan appeared before the_Board and presented photographs of Ward Avenue stating that he felt the proposed use of the Poe property would cause a traffic haza on this road. He then presented photographs showing a drainage problem in the area. Mr. Monahan stated that a letter had been received from the State Water Control Boar stating pollution would be almost a certainty should this application be approved. Mr. Monahan stated that other objections of.the opposition would be the construction of pads, the tearing out of additional trees causing further erosion in the area, th possiblitiy of the campground being used as a dumping station for travelling campers Mr. Poe appeared in rebuttal and stated that the campground would not be used a dumping station, that no pads would be erected and that no further trees would be cut. Mr. Poe further stated that he did not feel the failure of the septic tanks in Merriman's Estates were his responsibility. Mr. Gunter then appeared before the Board and stated that the Health Department had approved__the.septic systems and drain fields on the proposed property and they are the best authority in Frederick County in this matter. He then presented severa photographs of residences whose owners had signed a petition in favor of the camp- ground and the view of the property from Merriman's Estates. Mr. Gunter stated that the construction of the campground would not cause any significant crime problem tha is experienced in any other location. Mr. Monahan appeared before the Board in rebuttal and stated that he did not fe the drainage problem should be compounded; that he understood pads were required by the ordinance; that the Health Department tested only to see how quickly water drain out of the holes not what happens after this occurs. He urged the Board to consider most carefully the statement rendered by the State Water Control Board inasmuch as felt this was the most important issue to be considered. He stated that there is in adequate road access from Route 50 thereby causing a traffic problem. Mr. Gunter then appeared before the Board in summation and stated again that proposed use of the property is for overnight camping and not a permanent trailer park. He again reiterated that Mr. Poe has received both Highway and Health Depart- ment approvals and that a crime problem would not result from the proposed use of property. Mr. Prosser then appeared before the Board in summation and stated that the posed location is not the best location for a campground and should the application be approved it would become a motel for campers. He stated that Mr Poe is attempt- ing to place a commercial establishment between two subdivisions which is not orderl growth or good land use planning. He further stated that he could see no change in the application and urged the Board to consider carefully the statement issued by th State Water Control Board. Mr. Prosser advised that a report had been made and issued by the Frederick County Environmental Council setting forth their objection to the proposed condition al use permit. Dr. Fish stated that he wanted to be absolutely sure that the proposed use of the property was for overnight camping and not a permanent trailer park and Mr. Gunte assured him that this would be the case and that Mr. Poe would have no objection to this condition being placed upon the permit. Mr. Malcolm asked if there was any question about the validity of the statement referred to from the State Water Control Board. Mr. Berg stated that he had requested an opinion from the State Water Control Board and this is the statement he received. • • G U 165 V • i • • • Mr. Herbert Sluder, Sanitation Supervisor from the Health Department, appeared before the Board and stated that he had worked the Merriman's Estates section for many years and to the best of his knowledge the Health Department had not received one complaint of a malfunctioning septic tank or drain field in this area. He report ed that he had tested Mr. Poe's property and found it to be quite suitable and that since the property was so large he had suggested that Mr. Poe obtain the opinion of a private soil scientist which he did. He added that the soil scientist had found that the soils were very acceptable for the installation of septic tanks and drain fields. Mr. Sluder stated that as far as the statement of the State Water Control Board, any time you put sewage into the ground you run the risk of contamination but this could happen anywhere in the state or the entire country. Mr. Monahan asked Mr. Sluder if the density proposed for the property would not be greater than is already in the area and Mr. Sluder stated this would not be the case if you figure water used per trailer per day versus that of residences. Mr. Sluder then advised the Board' that .he had not attended, the meeting, in behalf of Mr. Poe's application. Mr. Rosenberger stated that he had spent considerable time investigating this matter both as a member of the Planning Commission and the Board of Supervisors; that he could see a definite need for an overnight campground in Frederick County; that he felt Route 37 was natural barrier for the property; that he had talked with a majorit of the people on Ward Avenue and found them to be in favor of the proposed applicatio and therefore he would move for approval of the same. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors does herein approve the applicatio for conditional use permit of Ralph W. Poe to construct an overnight campground on hi property located off Route 50 west in Back Creek Magisterial District. The above resolution was defeated by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, and Dennis T. Cole. Nay - R. Thomas Malcolm, Will L.. Owings, and S. Roger Koontz. National Advertising Company - Application for Conditional Use Permit to Erect One Location Sign - Stonewall District - Approved Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve Application No. 55 for a conditional use permit of the National Advertising Company to erect one (1) location sign (10' x 30') for advertis- ing "Kentucky Fried Chicken" located on the north side of Route 7, approximately one - half (1/2) mile east of Interstate 81 on the J. S. Solenberger property in Stonewall Magisterial District said approval to be in effect for a period of five (5) years from this date. 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 Dennis T. Cole. J. T. Nobles T/A Nobles BAR -B -Q HOUSE - Application for Conditional Use Permit For Conversion of Wonderland Gift Shop into Restaurant - Gainesboro District - Approved Mr. Berg presented the application for conditional use permit of J. T. Nobles and explained the proposed use of the property. He stated that the Planning Commis- sion recommended conditional approval of the application. Dr. Fish asked if the septic system was adequate for a restaurant operation and Mr. Sluder stated that he had tested the property and found it to be adequate. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 9 Y PIEMOGO M 1 •• ginia, does herein approve Application No. 56 for a conditional use permit of J. T. Nobles T/A Nobles Bar -B -Q House for conversion of the Wonderland Gift Shop located o Route 50 West in Gainesboro Magisterial District into a restaurant, said permit is a proved and issued for a Bar -B -Q fast food restaurant with the allied sales of antiqu and gifts only. 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 Malcol and Dennis T. Cole. Frederick County Fair Association - tion for Conditional Use Permit for Cam Mr. Manuel DeHaven appeared before the Board in support of the application for conditional use permit of the Frederick County Fair Association and stated that the campground facilities would only be used for special events at:the fairgrounds. The Board discussed at length what uses would be permitted should this applica- tion be approved. Mr. DeHaven advised the Board that the facility would be used for only three events during the year, those events being the Frederick County Fair, the Ruritan Clu Rodeo and a travel trailer group coming in for the Apple Blossom Festival. 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, Vir- ginia, does herein approve the conditional use permit of the Frederick County Fair Association to operate a travel trailer campground on their property located in Stone wall Magisterial District for a period of one year for the three events requested, those events being, the Frederick County Fair, the Ruritan Club Rodeo,.and a travel trailer'group.during the week.of the Apple Blossom_ Festival, said events and restrict Eons to be placed upon the conditional use permit by the Commonwealth Attorney. The above resolution.was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Abstaining S. Roger Koontz and Dennis T. Cole. APPOINTMENTS TO VIRGINIA MUNICIPAL LEAGUE COMMITTEES - APPROVED After short discussion, the Board agreed that each member of the Board of Super- visors would be nominated to serve on.a committee of the Virginia Municipal League of his own choosing and the County Administrator would fill the seventh committee posi- tion. PERSONAL PROPERTY TAX RE FUNDS - EATON AND FRIDLEY - APPROVED Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia,.does herein approve the following tax refunds on personal property: 1. Donald S. & Janice Y. Eaton - $61.98 302 N. Main Street Stephens City, Virginia 22655 2. Garnett T. Fridley - $2.20 Stephens City, Virginia 22655 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 Malcoln and Dennis T. Cole. ORDINANCES - FIRST An READING - REZON S REID, COMBS, AND PETERS - The following ordinances were accepted by the Board on first and second reading: 1. Zoning Map Amendment Petition No. 012 -76 of Leo G. Reid, Route 4, Box 77, Winchester, Virginia hereby requests that 4.24 acres, more or less, located on the North side of Route 50, approximately 0.15 167 miles East of intersection with Route 654, now zoned Agricultural, General (A -2) be rezoned: Business, General (B -2). This parcel is designated as 60 on Tax Map 52 and is in Gainesboro Magisterial Dist- rict. 2. Zoning Map Amendment Petition No.. 013 -76 of Marvin E. and Edna L. Combs, Route 2, Box 346, Winchester, Virginia, hereby request that 3.214 acres,: more or less, located on the west side of Route 608, approximately 1 /10 mile south of intersection with Route 630, now zoned Agricultural, Limited (A -1) be rezoned: Residential, Limited (R -1). This parcel is designated as 131 & 83 on Tax Map 41(A) and is in Gainesboro Magisterial District. 3. An Ordinance to amend the Frederick County Zoning Ordinance adopted November 1, 1973, to rezone 5.533 acres, more or less, of E. L. and Ruth E. Peters, located on the north side of Senseny Road, adjacent to Senseny Heights Subdivision, fronting both sides of Massie Drive, in Shawnee Magisterial District; from Residential, Limited (R -1) to Residential, General (R -3). r1 U MONTHLY STAFF REPORT - ACCEPTED The monthly staff report was accepted by the Board. Mr. Malcolm advised that Regular Meeting of the Welfare Board had been changed from the third Thursday to the third Friday of each month. YOUTH OPTIONS PROGRAM - BUDGET ADJUSTMENT - APPROVED Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE*�IT "RESOLVED, By the Frederick County Board of Supervisors that the following n U 1975 -76 budget adjustment is hereby authorized: General Revenue Fund: (Increase Revenue Estimate) 05 -7210 $2,700 05 -7211 2,711 $5,411 General Operating Fund: (Increase Appropriation) 05- 005E -299 $2,700 05 -005G -299 2,711 5;411 The above resolution was passed by the recorded voter Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings,-Dr. L. Fish, R. Thomas Malco and Dennis T. Cole. PARKS AND RECREATION DEPARTMENT - BUDGET ADJUSTMENT FOR THE PURCHASE OF TWO GRILLS A CLEARBROOK PARK - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, u BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that the following 1975 -76 budget adjustment is hereby authorized: Increase General Revenue Fund Estimate: 05 -9020 Donations $100.00 Increase General Operating Fund Appropriation 19- 18F5 -499A 7a.iaraGeheral Fixtures �, $100.00 BE IT FURTHER RESOLVED, That said funds are to be used to purchase two all- 0 park grills at Clearbrook Park; and, BE IT FURTHER RESOLVED, That said funds represent a donation received for this purpose from the Shenandoah Region Antique Automobile Club and does not require the expenditure of additional tax funds. The above resolution was passed by the following recorded vote: Aye - S. Roger r� 'u Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malco and Dennis T. Cole. PARKS AND RECREATION DEPARTMENT - REQU SOFTBALL FIELD AT BASS HOOVER SCHOOL - 3[iIA &fflailLM _Iai19offil ON TO BAS Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that a supplemental appropriation in the amount of $1,500 is hereby approved to General Operating Fund account 19 -18F3 -601; and, 1 .. BE IT FURTHER RESOLVED, That said funds are to be used to construct a baseball and softball field at Bass - Hoover Elementary School; and, BE IT FURTHER RESOLVED, That $1,500.00 of Impact Donations received for Opequon District is hereby ordered to be released in order to finance this project. Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will -.R. Thomas Malco The above resolution was passed by the following recorded vote: Aye - S. Roger and Dennis T. Cole. PARKS AND RECREATION PROGRAMS JOINTLY WITH NORTHSIDE BOWLING LANES AND MAC'S ROLLER RINK - APPROVED The Director of Parks and Recreation appeared before the Board and presented new programs to be conducted jointly with Northside Bowling Lanes and Mac's Roller Rink. He stated that tickets would be sold at greatly reduced prices at both of establishments and the Parks and Recreation Department-would receive a small amount from each ticket sold. He requested tentative approval of the Board of these two programs. After a short discussion, the Board gave tentative approval to these programs submitted by the Director of Parks and Recreation. REQUEST THAT DIRECTOR OF PARKS AND RECREATION AND COMMONWEALTH ATTORNEY RESEARCH LE- GALITY OF SELLING A PORTION OF THE STEPHENS CITY PARK PRESENTED Mr. Rosenberger requested the Director of Parks and Recreation and the Common- wealth Attorney to research the legality of the Board selling a portion of the pro- perty of the Stephens City Park so that property might be obtained in other districts for recreational purposes. He requested that they report they:report their findings back to the Board at their earliest convenience. MR. KOONTZ ANNOUNCES RESIGNATION FROM FREDERICK COUNTY SANITATION AUTHORITY EFFECTIVE Mr. Koontz advised the Board that he was resigning his position on the Frederick County Sanitation Authority, effective April 30, 1976, as he had stated he would do in January. CITIZENS CONCERN Dr. Fish requested that the Board consider some type of tax relief for the handi capped. Mr. Renalds advised that this matter is on Finance Committee Agenda for consideration. Mr. Koontz requested the Finance Committee to investigate the possibilities of collecting unpaid taxes in Frederick County. Mr. Koontz stated that he had been contacted by the President of the Shenandoah Area Agency on Aging relative to funding and Mr. Renalds stated that this matter is the Finance Committee Agenda for consideration and recommendation. Mr. Rosenberger requested the Board members to consider a small tax increase year so that the citizens would not be burdened with one large increase next year. suggested that this matter be discussed at the next Board meeting so that the Super- visors would have ample time to contact their constituents and study the matter. Mr. Owings requested the County Administrator to investigate several complaints he had received about trash blowing from the County containers onto adjoining property owners. Mr. Rosenberger reported that he had attended a meeting with the County fire panies to discuss the proposed central dispatch system and that the result of the ing was that the system would be adopted only if all the County companies voted to ticipate. He reported that Gainesboro Fire Company has not yet voted on the matter • r 1 U • I 169 and until such time as their vote is received the issue can not be decided. Mr. Malcolm asked Mr. Ambrogi if he had reached a decision as to the tax problem presented to the Board by Mr. Glen Russell. Mr. Ambrogi stated that he had researche the matter and before anything further could be done a survey would have to be made of Mr. Russell's property to see the exact amount of acreage he owns. Mr. Malcolm asked whose responsibility this.would be and who "would notify Mr. Russell. Mr. Am- brogi stated that it would be Mr. Russell's responsibility and he would notify him. Mr. Malcolm expressed concern for the possible deficit the County may experi- ence through the collection of sales tax. Mr. Renalds advised that some revenues wil exceed anticipated revenues and he felt any deficit could be made up in several diffe ent ways. Mr. Malcolm suggested that the Board meet with the Superintendent of Schools to discuss this matter. BILL FOR $2,084 PRESENTED BY CLERK OF CIRCUIT COURT FOR RESTORATION OF BOOKS - Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That. Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the bill presented by Mr. George Whitacre, Clerk of the Circuit Court, in the amount of $2,084.00 to the W. J. Barrow Restoration Shop, Inc. for restoration of old books in the Clerk's Office and does order the same paid by Warrant #13974. 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 Malcola and Dennis T. Cole. REQUEST FROM APPLE BLOSSOM FESTIVAL COMMITTEE FOR USE OF COUNTY PLAZA - 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, Vir- ginia, does herein approve the request of the Apple Blossom Festival Committee to us the County Plaza during the Apple Blossom Festival for a carnival and amusements wit the stipulation that no stakes will be driven into the asphalt and the Committee wil assume full responsibility for any and all damage done to the Plaza during their use of same. The above resolution was passed by the following recorded voter Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcol and Dennis T. Cole. FRIDAY, APRIL 30, 1976, DECLARED APPLE BLOSSOM FESTIVAL HOLIDAY FOR COUNTY OFFICES Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein direct that all County offices will be closed on Friday, April 30 1976, in observance of the Apple Blossom Festival. 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 Malcol and Dennis T. Cole. H. RONALD BERG APPOINTED AS LIAISON MEMBER TO STATE DIVISION OF LEGISLATIVE SERVICES Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint H. Ronald Berg to serve as the Board's liaison with the State Division of Legislative Services. The above resolution was passed by the following recorded vote: Aye - S. Roger 170 Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Mal and Dennis T. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Chairman B Super isors A Regular Meeting of the Frederick County Board of Supervisors was held on Wedne day, April 28, 1976, in the Board of Supervisors' Meeting Room, 9 Court Square, Win- chester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Chairman called the meeting to order. APPROVAL OF MINUTES Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virgin' does herein approve the minutes of the Regular Meeting of this Board held on April 14, 1976 with the following corrections: 1. On Page 14 of said minutes the permit for a travel trailer camp- ground of the Frederick County Fair Association shall be for a period of one year. 2. The recorded vote on the Frederick County Fair Association per- mit for a travel trailer campground shall set forth S. Roger Koontz and Dennis T. Cole abstaining. 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 Dennis T. Cole, REIMBURSEMENT OF PETTY CASH - DIRECTOR OF ACCOUNTING - APPROVED Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virgi ia, does herein authorize and approve the reimbursement of the petty cash account of the Director of Accounting for the following expenditures: 4 -06 -76 William D. Pike - Travel $108.00 18 -18F1 -220 4 -06 -76 Office of Housing - VUSBC Suppl. 14.30 10 -01OB -322 4 -07 -76 Dianne Ayers - School Travel 38.02 01 -OO1D -221 4 -09 -76 Stephen Wheeler - Books 25.00 06 -006A -221 4 -12 -76 Lord Fairfax Comm. College Book Store Books for Sanger, Mauck, Buchanan 18.75 06 -006A -221 4 -15 -76 VPI Extension & Cont. Education Seminar for Dog Warden 31.00 12 -012A -221 4 -15 -76 Executive Enterprises 2.00 01 -OO1C -322 4 -16 -76 IPA of Virginia - Registration for Renalds and Dickson 90.00 01 -OOJC -220 4 -21 -76 B. Blair Webber - Travel 36.88 10 -01OB -221 Total $363.95 The above resolution was passed by the following recorded vote: Aye - S. Roger tz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, nd Dennis T. Cole. FREDERICK COUNTY ENVIRONMENTAL COUNCIL - PRESENTATION ON COUNTY CLEAN -UP CAMPAIGN Mrs. Laura Pifer appeared before the Board and stated that the week of May 16 -22, 1976 has been designated by the Frederick County Environmental Council as clean -up week in the County. She described the program to be initiated during the campaign, and requested the cooperation and assistance of the Board in this matter. The trash container system in the County was discussed briefly and Dr. Fish and Mr. Rosenberger requested the Board to study this system carefully in order that a 171 determination might be made as to whether or not the system should be continued. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein appoint Mrs. Laura Pifer as Chairperson of the Frederick County En- vironmental Council Clean -Up Campaign to be conducted in Frederick County during the week of May 16 -22, 1976. 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 Dennis T. Cole. MOBILE HOME PERMITS - PUGH, RUSSELL, AND WELCH - APPROVED Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following mobile home permits: 1. Marshall Pugh - Back Creek District 2. George V. Russell - Gainesboro District 3. Mrs. Arthur C. Welch - Stonewall District The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. REGULAR BOARD MEETING JUNE 9, 1976 CANCELLED - SPECIAL MEETING JUNE 8, 1976 SET Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Regular Meeting of June 9, 1976, be hereby cancelled and a Special Meeting for June 8, 1976 a'. 7:00 P.M. in the Frederick County Board of Supervisors' Meeting Room be hereby schedul ed to replace the June 9, 1976 Meeting; and, BE IT FURTHER RESOLVED, That all public hearings and other items of business which would normally be scheduled for June 9, 1976 shall be rescheduled for June 8, 1976. 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 Dennis T. Cole. APPOINTMENT OF ELMER LAUCK AS ROAD VIEWER FROM GAINESBORO DISTRICT - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Mr. Elmer Lauck to serve as the Road Viewer for Gainesboro Magisterial District for the year 1976 -1977. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. AUTHORIZATION TO SUBMIT GRANT APPLICATION TO DIVISION OF JUSTICE AND CRIME PREVENTION FOR SHERIFF'S DEPARTMENT FOR INVESTIGATIVE CAMERAS - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that the County Ad- ministrator is hereby authorized to submit a grant application for investigative cam- eras for the Frederick County Sheriff's Department to the Division of Justice and Crime Prevention in the total amount of $1,979.36. 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 11 and Dennis T. Cole. 172 CHAIRMAN'S LETTER OF RESP014SE TO SCHOOL BOARD REQUEST FOR REINSTATEMENT OF FUI4DS - APPROVED The following letter was presented by Mr. Koontz for consideration of the Board Members: Dr. Melton Wright Division Superintendent Frederick County Public Schools P. O. Box 578 Winchester, Virginia 22601 Dear Dr. Wright: In reply to the School Board's letter request of April 22, 1976, I would like to respond in the following manner. I feel the need for the continuation of the math and remedial read- ing program also. However, I feel that this is a line item and not the responsibility of the Board of Supervisors. If the money is in the School Board's budget it would be a worthy program to continue. However, if the money is not available in your budget, I would be reluctant to request the Board of Supervisors to fund this item. The Board of Supervisors recently established the policy of chang- ing only major categories in a budget and allowing the individual depart- ment to control internal use of the funds. I feel the Reading -Math pro- gram is an internal problem within the School Board and the decision to keep or delete the program is a School Board decision. I would consider asking the Board of Supervisors for permission for the School Board to use any money you may be able to save in this year's budget to be carried over into the new fiscal year to finance this pro- gram if that would be of any help. Otherwise, I do not see any new dol- lars in next year's budget to finance the program. The Board and I, along with many taxpayers, appreciate the School Board task of trimming $225,000 from your projected budget. With kindest regards, I remain, SRK:akk Sincerely yours, /s/ S. Roger Koontz S. Roger Koontz Chairman Frederick County Board of Supervisors The Board concurred with the Chairman's letter. MRS. JOSEPH MADDOX AND MRS. C. TENNIAL COMMITTEE FOR 4TH OF 0 R APPOINTED CO- CHAIRPERSONS OF BICEN- • 1 • Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Mrs. Joseph Maddox and Mrs. C. Robert Solenberger, to serve , as Co- Chairpersons of the Bicentennial Committee to organize and arrange the 4th of July Celebration to be observed in Frederick County on July 3rd, 4th, and 5th, 1976 i conjunction with Clarke County and the City of Winchester. 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 Dennis T. Cole. CLEANING OF WATER EASEMENT ON IN SHAWNEE MAGISTERIAL DIS- Mr. Malcolm stated that he had received a request from his constituents in Fred- erick Heights Subdivision that the water easement on Stafford Drive in said subdivi- sion be cleaned out inasmuch as there is not a free flow of water through this ease- ment. He reqeusted the County Administrator to investigate this matter to see if the problem might be alleviated. BOARD OF EQUALIZATION DISCUSSED The Board discussed briefly the establishment of a Board of Equalization, and quested Mr. Renalds to gather all the necessary facts relative to the formation of such a Board for presentation to the Board of Supervisors at the next Regular Meeting • 1 a— 173 of the Board. MR. RALPH WAKEMAN ADDRESSES BOARD RELATIVE TO VIRGINIA LAKESIDE WATER AND SEWER COM- PANY SERVICE Mr. Ralph Wakeman appeared before the Baord and stated that he is in conflict with the Virginia Lakeside Water and Sewer Company concerning the number of connection he is entitled to have to serve Wakeland Manor. He reviewed briefly the background o the contract he had entered into with Lakeside Estates, - .the previous owner of the water and sewer company, and stated that the present owner is apparently not going to honor the contract. Mr. Cole stated that he did not feel this was a matter to be considered by the n U governing body; that it should be settled in a court of law between the two corpora- tions involved. Mr. Koontz stated that the record of this meeting would indicate that Mr. Wake- man had appeared before the Board to register his complaint against the Virginia Lake', side Water and Sewer Company. TAX RATE SET FOR ADVERTISEMENT FOR PUBLIC HEARING Dr. Brian Landes appeared before the Board and asked if the Board had set aside U any funds in the proposed 1976 -77 budget for school construction and Mr. Koontz state they had not. The Board discussed briefly the possibility of a tax increase with the money received from said increase being set aside for the building program. All the members of the Board, with the exception of Mr. Malcolm, agreed that a tax increase this fiscal year would not be necessary but that the citizens should be alerted to th fact that a tax increase would in all probability occur next year. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein set the tax rate for Frederick County for Fiscal Year 1976 -1977 for advertisement for public hearing at $2.30 on real estate and $3.70 on personal proper The above resolution was passed by the following recorded vote: Aye - S. Roger r 1 LJ Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and Dennis T. Col Nay - R. Thomas Malcolm. COMPLAINT FROM GAINESBORO DISTRICT REGISTERED RELATIVE TO RAT INFESTATION Dr. Fish stated that he had received a complaint from constituents in his dis- trict relative to rat infestation on property adjacent to residential areas. He re- quested the County Administrator and the Commonwealth Attorney to investigate this problem with the Health Department to see if the problem might be alleviated. TH STILES ADDRESSES BOARD RELATIVE TO REASSESSMENT, BUDGET AND ASSISTANT Mr. Kenneth Stiles appeared before the Board and thanked them for their contin consideration of the reassessment of property in the County. Mr. Stiles stated that he agreed with the Chairman's response to the School request for reinstatement of funds and that if money could be set aside for a buildi program without a tax increase this should be done. Mr. Stiles stated that an assistant building inspector for the County had been his property and had been very abrasive and snide and was not interested in being hel ful. He stated that he felt this was a matter of concern for the Board of Supervisor The Board recessed for five minutes. JOINT MEETING WITH FREDERICK COUNTY SANITATION AUTHORITY Mr. James Diehl appeared before the Board and presented a report on the Sanitat 174 Authority project, stating that all work appears to be on or ahead of schedule. He stated that interim financing has been completed and that a reorganizational meeting would be held on May 3rd or 4th to reorganize the officers of the Authority inasmuch as Mr. Koontz' resignation would be effective April 30, 1976. Mr. Diehl requested Dr. Fish to appoint someone from his district to take Mr. Koontz place as soon as possible. He also requested the Board to appoint a liaison member from the Board to the Sanita- tion Authority so that the lines of communication might be kept open. Mr. Diehl stated that the Authority would present a resolution to the Board in the near future regarding the funds previously loaned by the Board to the Authority. Mr. Koontz stated that he felt progress on the project looks very good and is in very good hands. RESOLUTION - COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION - APPROVED , • Mr. Berg reviewed briefly the County's application for a Community Development Block Grant. The Board discussed the application briefly. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that the County Ad- ministrator is hereby authorized to submit Frederick County's final application for a Community Development Block Grant in the amount of $245,000 to the U. S. Department of ' Housing and Urban Development, said funds to be utilized for a water distribution sys- tem in Sunnyside Subdivision and water and sewer facilities for Freetown. • 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 Dennis T. Cole. JOINT MEETING WITH PLANNING COMMISSION SET FOR MAY 26, 1976 The Board agreed to meet jointly.with the Frederick County Planning Commission during their Regular Meeting on May 26, 1976 to discuss the proposed Land Use Plan an to receive a report from the Land Use Plan Committee studying the minimum acreage re- quirement to be set forth in the Land Use Plan. SHENANDOAH AREA AGENCY ON AGING REQUEST FOR FUNDING - 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, Vir- , ginia does herein approve the request of the Shenandoah Area Agency on Aging for fund- ing in the amount of $366.00 for Fiscal Year 1975 -76. 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 Dennis T. Cole. • FREDERICK COUNTY - CLARKE COUNTY - CITY OF WINCHESTER LANDFILL AGREEMENT - APPROVED Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the following Frederick County - Clarke County -City of Winches ter Landfill Agreement and does authorize and direct the Chairman of the Board and the County Administrator to execute the same on behalf of Frederick County: FREDERICK - WINCHESTER - CLARKE LANDFILL AGREEMENT , This Agreement made and dated this day of 1976, by and between the Board of Supervisors of the County of Frederick, Virginia, hereinafter referred to as Frederick County, Party of the first part; The City of Winchester, Virginia, hereinafter referred to as The City, Party of the second part, and the Board of Supervisors for the County of 175 Clarke, Virginia, to include all incorporated towns, hereinafter referred to as Clarke County, Party of the third part; and, WHEREAS, Frederick County and the City are parties to an agreement for refuse disposal at the jointly owned site off Sulphur Spring Road said agree- ment dated ; and, WHEREAS, Frederick County, The City, and Clarke County desire to estab- lish a mutual and beneficial agreement for the corporate disposal of Solid Waste; and, WHEREAS, it is the desire and intention of Frederick County, The City, and Clarke County to set forth the terms of this agreement: NOW THEREFORE WITNESSETH: That for and in consideration of the premises r- I L of, and of the mutual obligations herein undertaken: It is hereby mutually agreed by the parties hereto that the disposal LJ of any domestic refuse from within the bounds of Clarke County shall be per- mitted at the Frederick County- Winchester jointly owned Sanitary Landfill, located on Sulphur Spring Road in Frederick County, in accordance with the following provisions: 1. All refuse must be delivered to the Sanitary Landfill by Clarke County either in County owned vehicles or vehicles under legal contract to the County, or vehicles licensed and /or approved by the Clarke County Board of Supervisors. 2. Whenever any vehicles hauling refuse as provided in Section 1 enter Frederick County, such vehicles shall be subject to all applicable Frederick County ordinances and regulations. 3. Frederick County reserves the right to refuse to accept any material that might be considered hazardous or is forbidden by Frederick County regulations and /or State regulations. 4. Clarke County shall reimburse Frederick County, for the dis- • 1 • J posal of residential refuse from Clarke County on a monthly basis in accordance with Frederick County's per ton cost of operation and for the disposal of special refuse items in ac- cordance with special rates which are or will be established. The per ton cost for Clarke County shall be determined by the following factors: (a) Operational cost. (b) Land depreciation. (c) Equipment depreciation. (d) Buildings and grounds maintenance (labor and personnel costs). (e) Administration. It is mutually agreed that any deficit on June 30th of any fis- cal year due to operational expenses exceeding revenue will be offset by the City, Frederick County and Clarke County each pay- ing their portionate share using population as the guide for de- termining the portion each is to pay. Should weighing devise(s) be inoperable reimbursement shall be made in accordance with Emergency Rates established by the Frederick County Board of Supervisors. Frederick County shall furnish a summary of this cost of operation within thirty days after July 1st annually. There shall be a formula established for public users and a 176 formula for each political subdivision. 5. Frederick County reserves the right to adjust the per ton disposal rate semi - annually effective at the end of the bill- ing period in January and July of each year in order to re- flect any changes that might occur in those cost factors as set forth in Section 4. 6. All rules of operation that pertain to the Landfill shall apply to the City, Frederick County, and Clarke County. 7. It is mutually agreed that the day -to -day management of the joint sanitary landfill shall be performed by the County De- partment of Engineering; and the City Public Works Department. 8. It is mutually agreed that the firms, business and corporations. located within the City of Winchester and Clarke County shall be permitted to use the Frederick County- Winchester Sanitary Landfill according to per ton rates established by general re- solution of the Board of Supervisors, of Frederick County and so long as all State and /or Frederick County regulations are upheld. It is further mutually understood and expressly agreed by the parties hereto that written notice shall be given to other jurisdictions by any jurisdiction of its intention to terminate this Agreement six (6) month prior to such termination. /s/ S. Roger Koontz S. Roger Koontz, Chairman Frederick County Board of Supervisors ATTEST: /s/ J. O. Renalds, III J. 0. Renalds, III, County Administrator Frederick County, Virginia Wendell L. Seldon, City Manager City of Winchester, Virginia ATTEST: B. M. Perrero, Clerk of Council City of Winchester, Virginia /s/ John D. Hardesty John D. Hardesty, Chairman Clarke County Board of Supervisors ATTEST: /s/ J. H. Wood, Jr. J. H. Wood, Jr. Clerk to the Board Clarke County, Virginia 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, Land Dennis T. Cole. II S. G. KEPHART REQUEST FOR OUTDOOR FESTIVAL PERMIT TO BE CONSIDERED MAY 12, 1976 The Board agreed to consider the application of S. G. Kephart for an Outdoor �lFestival Permit at the next regular meeting to be held on May 12, 1976. • I� • C7 l • 7 177 IFREDERICKTOWNE, SECTION III - RE FOR BOND REDUCTION - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the request of Fredericktowne Company, Inc. for a reduction . in the bond posted for improvements in Section III, Phase I from $7,000 to $5,000 in accordance with the letter from the Virginia Department of Highways dated April 21, 1976, on file in the County Administrator's Office. 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 Dennis T. Cole. COMMONWEALTH ATTORNEY REQUEST FOR APPROPRIATION TRANSFER FOR PURCHASE OF CAMERA - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, WHEREAS, -The Commonwealth's Attorney has indicated a need for a camera to be by personnel under his supervision and that funds are available within the budget of the Commonwealth's Attorney; BE IT RESOLVED, By the Frederick County Board of Supervisors that the following • General Operating Fund Appropriation transfer within the 1975 -76 budget is hereby ap- proved: FROM: 05- OO5C -102C $600.00 TO: 19- 005C -499A $600.00 The above resolution was passed by the following recorded vote: Aye - S. Roger r 1 LJ Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. PRINTOUT AND BILL FROM POTOMAC EDISON REGARDING UTILITY TAX REFUNDS RECEIVED Mr. Renalds stated that the printout and bill from Potomac Edison necessary to make utility tax refunds had been received, with the exception of the months of April May and June. He stated that the bill was in the amount of $811.78 and that refunds will probably not be made until late summer or early fall. BID FOR NEW TRUCK FOR DOG WARDEN AWARDED TO LAMAR SLOAN FORD Mr. Renalds presented the bids received on a new truck for the Dog Warden, said bids being received from Kern Motor Company, Lamar Sloan Ford, B & M Chevrolet Com- pany, and Clarke Motor Company. Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virg • does herein approve the bid submitted by Lamar Sloan Ford in the amount of $4,041.29 for a standard cab truck for the Frederick County Dog Warden, said bid being the low- est received on said vehicle. 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 Dennis T. Cole. LOCATION AND SCHEDULE OF PICK -UP OF TRASH CONTAINERS IN COUNTY REQUESTED Mr. Rosenberger requested that the Board be furnished a listing of the locations Df the trash containers in each district of the County and the schedule of pick -up of said containers for their review and study. REPORT CITGO SERVICE STATION PROPERTY Mr. Rosenberger stated that the County owns the property on Cameron Street on the Citgo Service Station is located. He stated that the lease on this propert swap expires next year and a proposal to purchase the property has been discussed briefly with two individuals. Mr. Rosenberger stated that the matter would be discussed by the Finance Committee and a recommendation presented to the Board for their considera,' tion. CHARLES BOYD ADDRESSES BOARD REGARDING MERCHANTS CAPITAL TAX Mr. Charles Boyd appeared before the Board and stated that he did not feel the Merchant's Capital Tax imposed in the County is fair. He suggested that the Board consider going back to a merchant's license fee as this would be more fair. Mr. Koontz requested the Finance Committee to study this suggestion and present a recommendation to the Board for consideration. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. C a man 'B Supe visors SecVlary Bd. of Supervisors A Special Meeting of the Frederick County Board of Supervisors was held on Thurs- day, May 6, 1976, in the Board of Supervisors' Meeting Room, 9 Court Square, Winches- ter, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymonc L. Fish; Will L. Owings; and Dennis T. Cole. ABSENT: R. Thomas Malcolm The Chairman called the meeting to order. WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned Members of.the Board of Supervisors of Frederick County, V ginia, the Commonwealth Attorney and Clerk of the Board do hereby waive Notice of Special Meeting to be held on Thursday, May 6, 1976, at 4:00 P. in the Frederick County Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, for the following purposes: 1. Reconsideration of the application of Virginia Lakeside Water and Sewer Company for a certificate of public convenience and necessity. 2. Such other business as may come before the Board. Signed and attested this 6th day of May 1976. /s/ S. Roger Koontz S. Roger Koontz Chairman /s/ Thomas B. Rosenberger Thomas B. Rosenberger Vice Chairman Back Creek District /s/ Dr. Raymond L. Fish Dr. Raymond L. Fish Gainesboro District /s/ Will L. Owings Will L. Owings Opequon District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney IATTEST: 1 11 1 • E • J 179 1 • U /s/ J. O. Renalds, III J. 0. Renalds, III Clerk of the Board of Supervisors RECONSIDERATION OF VIRGINIA LAKESIDE WATER AND SEWER COMPANY APPLICATION FOR CERTIFI- CATE OF PUBLIC CONVENIENCE AND NECESSITY - CONTINUED Mr. Renalds presented a brief history of the Virginia Lakeside Water and Sewer Company application for a certificate of public convenience and necessity. He stated that the Board must approve the application in order for Virginia Lakeside Water and Sewer Company to obtain said certificate inasmuch as a portion of the service area of the Frederick County Sanitation Authority would be taken in. Mr. Renalds stated that the Planning Commission recommendation on this matter was that the contract between Mr. Wakeman and the Lakeside Water and Sewer Company, original owners of the plant, b honored and that the complete drainage area be taken in. He stated that the Sanita- tion Authority agreed with this recommendation because they had no immediate plans to service this area. The Frederick - Winchester Service Authority concurred with the San; itation Authority position. He stated that the Board had approved the application on September 8, 1975 and a motion made at the November 12, 1975 meeting of the Board to rescind the previous approval was defeated thereby retaining the September 8th action Mr. Henry Whiting appeared before the Board representing Mr. Ralph Wakeman and stated that the State Corporation Commission in considering the application for a cer' ificate of public convenience and necessity could not consider the contract between Mr. Wakeman and the previous owner of the system which contract states that Mr. Wake - man's property will be served. He further stated that if the application is approved as submitted Mr. Wakeman's lots will be worthless as lots inasmuch as there will be no water and sewer service. The number of connections and the possible expansion of the plant was discussed briefly. Mr. Ambrogi asked if Danac, the owners of Virginia Lakeside Water and Sewer Com- • pany, had purchased the property subject to the contract and Mr. Whiting stated that they had but were claiming that the contract is not clear and they are not bound by it Mr. Elmer Verguson appeared before the Board and stated that he had not had suf- ficient time to contact representatives from Danac inasmuch as he had only known of the meeting a few hours and therefore anything he might say would be his own personal observations from having worked on the project for the past two years. He stated that they are hampered with a plant with a capacity of 300 connections and have been advised by the State Water Control Board that this is probably all the capacity they will get. He stated that the application had been submitted to the State Corporation Com- • mission based on the approval of the Board in September and again in November and he felt any subsequent action should have come before this time. He described the up- grading of the plant accomplished to date. Several Board members stated that they had not had sufficient time or informati to make a decision on this matter at this time. There followed a brief discussion as to whether or not the Board of Supervisors might request the State Corporation Commission to delay their decision on the applica tion until the Board has had sufficient time to reconsider the application. Mr. Whiting advised that the State Corporation Commission would render a prelim- inary decision within approximately ten days and if the Board would consider this mat ter at their next meeting on May 12, 1976, this would be sufficient. There was discussion regarding the Kernstown area; whether or not the applicat should include the entire drainage area; and the law regarding the installation of I:i parallel lines. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, the Board agreed to continue the request to reconsider the application of Virginia Lake- side Water and Sewer Company for a certificate of public convenience and necessity until the next regular meeting of this Board on May 12, 1976 in order that the Board members might have sufficient time to study the matter more carefully. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and Dennis T. Col UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Sec U upervisors A Regular Meeting of the Board of Supervisors of the County of Frederick, Vir- ginia, was held on May 12, 1976, in the Frederick County Courthouse, 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 Dennis T. Cole. The Chairman called the meeting to order. APPROVAL OF MINUTES Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the minutes of the Regular Meeting of this Board held on April 28, 1976 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Dr. Fish was not present for this vote. APPROVAL OF BILLS Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the bills for the month of April, 1976, including General Fund Agenda, Jail Expenditures, Part -time Payroll, and Revenue Sharing in the amount of $152,467.41 and does order the same paid by Warrants #14100 through #14282 and #14284 through #14311. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Dr. Fish was not present for this vote. APPROVAL OF PAYROLL Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the payroll for the month of April, 1976 in the amount of $76,792.65 and does order the same paid by Warrants #13976 through #14099. 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 Dennis T. Cole. HIGHWAY DEPARTMENT Mr. Owings asked if a letter had been received from residents in Stephens City • • • • __1L___ 1-81 relative to a road request and Mr. Renalds stated that the letter had been received land would be turned over to the Road Viewers. Mr. Koontz asked what the status was of the road abandonment in Green Springs IDr. Fish stated that it is now pending viewing by the Road Viewers. I HEALTH DEPARTMENT Mr. Malcolm asked what the remedy is for lots that are not taken care of by the n U lowner and Mr. Renalds advised that this type complaint should be turned over to the Health Department; that the County has a nusiance ordinance and his office would be glad to investigate such a complaint. DOG WARDEN - REPORT - CLAIMS, R. W. BROWN, MURIEL RENNER - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • Iginia, does herein accept the report of the Dog Warden and Assistant Dog Warden as 1presented below: Dog Warden Assistant Dog Warden Miles Traveled 2,989 Miles Travelled 1,504 Complaints Received 233 Arrests 54 Dogs Picked Up 52 Notices 42 Dog Bites 7 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 land Dennis T. Cole. Mr. Whitacre stated that the claim of Henry Wood as contained in the Agenda had been settled among the parties and therefore should be withdrawn from the Agenda. (Board concurred. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- Iginia, that the following claims for livestock kills are herein approved and ordered Ipaid: 1. R. W. Brown, Rt. #1, Stephenson, Va. - Stonewall District 4 laying hens at $2.50 each = $10.00 2. Muriel Renner, Rt. #2, Box 235, Winchester, Va. - Gainesboro District 41 laying hens at $2.50 each = $102.50 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 Dennis T. Cole. Mr. Rosenberger stated that County residents are still experiencing a problem n U with livestock kills caused by bear. He requested the Board to give consideration to a damage stamp at a future date. Mr. Whitacre reqeusted reconsideration of the Board in the award of the bid for a new pick -up truck stating that he would prefer to have the extended cab model. Mr. Koontz advised that this request should be made during the budget hearing. SANITATION AUTHORITY - REOUEST FOR LOAN FUNDS Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that a loan in the amount of $86,109.10 is hereby authorized to the Frederick County Sani- tation Authority; and, BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended fr budget code 10- 01OH -902C of the General Fund and that this loan is part of and not an addition to the approved loans to the Frederick County Sanitation Authority and shall be subject to the terms established by this Board on December 11, 1974; and, 182 BE IT FURTHER RESOLVED, That a breakdown of said loan is as follows: Porter and Cole, Inc. $82,301.40 G. W. Clifford & associates 3,807.70 Total $86,109.10 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 Dennis T. Cole, Abstaining. MOBILE HOME PERMIT - SHANHOLTZ - APPROVED Upon motion made by Thomas B.'Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the mobile home permit of Gary Shanholtz in Back Creek District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. APPLICATION FOR OUTDOOR FESTIVAL PERMIT - S. C. KEPHART - APPROVED Mr. S. C. Kephart appeared before the Board in support of his application for an outdoor festival permit. There was discussion as to whether Mr. Kephart was request- ing a permit for one festival or several. Mr. Owings stated that he had reservations on any type rock festival and Mr. Rosenberger agreed. Dr. Fish stated that he was familiar with the applicant's plans and had no objections. He stated this would be a blue grass festival and not a rock festival. Mr. Malcolm moved to approve the application of S. C. Kephart for an outdoor fes4 ival permit with the stipulation that this be a one -time permit. This motion was seconded by Dr. Fish and defeated by the following recorded vote: Aye - R. Thomas Malcolm, Dr. Raymond L. Fish, and Dennis T. Cole. Nay - S. Roger Koontz, Thomas B. Rosenberger and Will L. Owings. Mr. Koontz advised Mr. Kephart that if he would re- main, the matter would be further - discussed later in the meeting. Thereupon, the matter was discussed with the following result. After a short discussion Mr. Kephart agreed that the application would be for a one -time permit. The number of people expected to attend the festival, the access roadways to the campground, the methods of advertising, the length of the festival and policing of th event were discussed. Mr. Kephart advised the Board that he would expect approximate ly 500 people; that the access roadway to the campground is two lane, one -half mile of which is gravel; that the method of advertising would consist of leaflets and news paper advertisements; that the festival would run from Friday through Sunday; and tha the County policing would be utilized. Sanitation facilities were discussed and Mr. Kephart assured the Board that Heal Department requirements would be met. Mr. Koontz requested that an effort be made to enforce the rule that no one under 18 years of age would be admitted without a parent or guardian and Mr. Kephart agreed to this request. Mr. Koontz asked Mr. Kephart if he was willing to abide by Regulation 13 regard- ing written permission submitted by the applicant to the Board and its duly authorize agents to enter upon the premises and he agreed to do so. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the application of S. C. Kephart for an Outdoor Festival Permit, said permit to be a one time permit and said festival to be held the last wee. _ 11 []I i • C11 1 • 133 in June for a period of three days on the dates of June 25th, June 26th and June 27th, 1976. BE IT FURTHER RESOLVED, That the permit is issued with the stipulation that the 1 applicant shall comply with the provisions and conditions set forth in the Outdoor Festival Ordinance of Frederick County and the application submitted in conjunction therewith. 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 Dennis T. Cole. ANNUAL BUDGET HEARING - BUDGET APPROVED Mr. Koontz stated that the Board would receive comments on any and all sections of the proposed budget. He read the title of each budget section. Mr. Don Richardson, President of the Frederick County Taxpayers Association, ap -1 • peared before the Board and presented a statement in opposition future school con- struction in the County due to the economic conditions. He stated that the question of school construction should be decided by referendum before any further plans are made. Mr. Louis Ebert appeared before the Board in opposition to the increased welfare budget and the mandates handed down by state and federal governments in this area. M Ebert voiced objection to the a- ppointed school board and stated that he felt teachers should have received a 5% rather than 78 salary increase. Mr. William Owen appeared before the Board and stated that he was totally oppose to cutting programs in order to balance the budget. He stated that he was in favor o a tax increase in order that necessary programs could be funded in all areas of the County. Mr. Koontz advised that the Board after considerable debate, had decided that taxes in the County should not be increased at this time. Mrs. Tricia Stiles appeared before the Board as a member of the Advisory Board J 7 L the Northwestern Mental Health Clinic and requested an increase in the appropriation for this organization. She presented a brief background on the work and service bei rendered by the Clinic and the workload being carried by their employees. Mr. Koontz stated that the Board recognized and appreciated the work being done by the Clinic and this one of many areas which had been cut. NLr. Rosenberger stated that in response to Mr. Ebert's objection to the Welfare Budget, the local share of this budget is $84,816 and should the Welfare Program run out of money, they have the right to withhold taxes in order to continue their Mr. Malcolm stated that this could very well happen this year inasmuch as the F - - I LJ Welfare Budget had been cut $10,000 and several of their programs are mandated pro- grams. He stated that he felt the Frederick County Welfare Department was a very ef- ficiently run operation. Mr. Kenneth Stiles appeared before the Board in opposition to the proposed in- crease in the teachers' salaries and stated that he felt a flat dollar amount would more equitable and reasonable. Upon motion made by Dennis T. Cole and seconded by Will L. Owings, WHEREAS, A notice of public hearing and a budget synopsis has been published and a public hearing has been held on May 12, 1976, in accordance with Title 15.1, 4, Section 15.1 -162, Code of Virginia, 1950 as amended; THEREFORE, BE IT RESOLVED, By the Board of Supervisors of the County of Freder Virginia, that the budget for the 1976 -77 fiscal year, as outlined in the document a titled "Fiscal Plan 1976 -77, Frederick County, Virginia ", be hereby approved in the amount of $14,283,218 and that appropriations in the amount of $14,282,218 be hereby authorized for the 1976 -77 fiscal year; and, BE IT FURTHER RESOLVED, That the Board of Supervisors of the County of Frederick) does herein adopt the tax rate for the Fiscal Year 1976 -77 as herein presented at the) rate of $2.30 to be applied to real estate and the rate of $3.70 to be applied to sonal property and machinery. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and Dennis T. Nay - R. Thomas Malcolm, stating that he did not feel the Board had taken adequate steps to insure the financial destiny of Frederick County. AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT RESOLUTION - APPROVED Mr. Koontz read the proposed amendment to the Community Block Grant Resolution and explained what the assurances contained therein meant. He reviewed briefly the explanation of the Housing Assistance Plan, Schedule A which had been presented to Board. Dr. Fish stated that he was a little concerned as to whether or not this places additional obligations upon the County and Mr. Koontz stated that he did not feel that it did inasmuch as Frederick County had approximately 230 to 240 low income houses del velop per year during the past three years and this was the total used in the Plan. He added that all of these do not have to be new residences but may be replacement houses and that this is not a committment but a realistic goal for the growth of Fred erick County. Dr. Fish asked if this would apply to the multi - family projects as well and Mr. Koontz stated that it would and the goal would be only 80 apartments over a three period. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors that the County Ad -I ministrator is hereby authorized to submit Frederick County's final application for al Community Development Block Grant in the amount of $245,000 to the U. S. Department o Housing and Urban Development, said funds to be utilized for a water distribution system in Sunnyside Subdivision and water and sewer facilities in Freetown; and, BE IT FURTHER RESOLVED, That the County Administrator is hereby directed and de-1 signated as the authorized representative of Frederick County to act in connection with the application and to provide such additional information as may be required; and, BE IT FURTHER RESOLVED, That the Board of Supervisors does hereby agree to abi by the necessary assurances required by HUD as contained in the final application, said assurances being signed by the Commonwealth's Attorney for Frederick County in his capacity as attorney for the Board of Supervisors. 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 and Dennis T. Cole. RESOLUTION INSTRUCTING COMMONWEALTH ATTORNEY TO INSTITUTE LEGAL ACTIONS TO LINQUENT REAL ESTATE TAXES - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Will L Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Common- wealth's Attorney for Frederick County be herein instructed to institute the necess legal actions to collect delinquent real estate taxes when said delinquent tax • \J 17J r , 1 ation is turned over to him by the Treasurer of Fredreick County. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. PUBLIC - HEARINGS ZONING MAP AMENDMENT PETITION NO. 012 -76 - LEO G. REID - TO REZONE 4.24 ACRES IN GAINESBORO MAGISTERIAL DISTRICT FROM A -2 TO B -2 - APPROVED Mr. Berg read the rezoning petition of Leo G. Reid in full. There was no opposi- tion. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve on third and final reading the following zoning map amend- ment: ZONING MAP AMENDMENT PETITION NO. 012 -76 0 WINCHESTER, VIRGINIA TO REZONE 4.24 ACRES, NORTH SIDE OF ROUTE 50, APPROXIMATELY 0.15 ROUTE 634 FROM AGRICULTURAL, GENERAL (A -2) THIS PARCEL IS DESIGNATED AS 60 ON TAX MAP TERIAL DISTRICT. F LEO G. REID, ROUTE 4, BOX 77, MORE OR LESS, LOCATED ON THE MILES EAST OF INTERSECTION WITH TO BUSINESS, GENERAL (B -2). 52 AND IS IN GAINESBORO MAGIS- 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 Dennis T. Cole. • ZONING MAP AMENDMENT PETITION NO. 013 -76 - MARVIN E. COMBS, ET UX - TO REZONE 3.214 ACRES IN GAINESBORO MAGISTERIAL DISTRICT FROM A -1 TO R -1 - APPROVED Mr. Berg read the zoning map amendment petition of Marvin E. Combs, et ux in full stating that this rezoning is intended to correct a former platting oversight. Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve, on third and final reading, the following zoning map ment petition, said amendment approved.in order to correct a former platting oversigh of said property: ZONING MAP AMENDMENT PETITION NO. 013 -76 OF MARVIN E. AND EDNA L. COMBS, ROUTE 2, BOX 346, WINCHESTER, TO REZONE 3.214 ACRES, MORE OR LESS, LO- • CATED ON THE WEST SIDE OF ROUTE 608 APPROXIMATELY 1 /10 MILE SOUTH OF IN- TERSECTION WITH ROUTE 630, FROM AGRICULTURAL, LIMITED (A -1) TO RESIDENT- IAL, LIMITED (R -1). THIS PARCEL IS DESIGNATED AS 131 & 83 ON TAX MAP 41 ' (A) AND IS IN GAINESBORO MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. REZONING REQUEST OF E. L. AND RUTH E. PETERS TO REZONE 5.533 ACRES IN SHAWNEE MAGIS- TERIAL DISTRICT FROM R -1 TO R -3 - APPROVED Mr. Berg presented the rezoning request of E. L. and Ruth E. Peters. • Mr. King before the Board in appeared opposition to this rezoning request. Mr. Malcolm explained that the Board had no choice but to grant this rezoning inasmuch as the Court had ordered that this be done. Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve, on third and final reading, the following ordinance: ' AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEM- BER 1, 1973, TO REZONE 5.533 ACRES, MORE OR LESS.OF E. L. AND RUTH E. PETERS, LOCATED ON THE NORTH SIDE OF SENSENY ROAD, ADJACENT TO SENSENY HEIGHTS SUB- DIVISION, FRONTING BOTH SIDES OF MASSIE DRIVE, IN SHAWNEE MAGISTERIAL DIS- TRICT: FROM RESIDENTIAL, LIMITED (R -1) TO RESIDENTIAL, GENERAL (R -3). 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 Dennis T. Cole. • E el • RESIGNATION OF S. ROGER KOONTZ FROM FREDERICK COUNTY SANITATION AUTHORITY ACCEPTED Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does hereby note its formal acceptance of the resignation of S. Roger Koontz a member of the Frederick County Sanitation Authority effective May 1, 1976, said re- I signation having been presented to this Board on April 14, 1976. 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 Dennis T. Cole. MARCUS M. ADAMS APPOINTED TO FREDERICK COUNTY SANITATION AUTHORITY Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Marcus M. Adams of Gainesboro District to the Frederick County Sanitation Authority to fill the unexpired term of S. Roger Koontz. 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 Dennis T. Cole. S. ROGER KOONTZ APPOINTED BOARD LIAISON TO FREDERICK COUNTY SANITATION AUTHORITY Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein appoint S. Roger Koontz as the Board Liaison to the Frederick County Sanitation Authority. 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 Dennis T. Cole. RESOLUTION OF APPRECIATION TO S. ROGER KOONTZ FOR SERVICE ON T FREDERICK COUNTY SANIJ- TATION AUTHORITY - APPROVED • • Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, WHEREAS, Mr. S. Roger Koontz served the County of Frederick, Virginia, with dis- • tinction on the Frederick County Sanitation Authority since February 10, 1969; and, WHEREAS, Mr. Koontz exercised his talents as Vice - Chairman of the Authority from ' May, 1973 to May, 1974 and as Chairman from May, 1974 through April, 1976; and, WHEREAS, Mr. Koontz contributed a tremendous amount of personal time and effort in assisting the Authority in every manner possible; NOW THEREFORE, BE IT RESOLVED, By the Frederick County Board of Supervisors that this resolution denoting distinguished service rendered unselfishly to the people of the County of Frederick be placed in the permanent records of the County of Frederick, Virginia. • Signed and attested this 12th day of May, 1976. /s/ Thomas B. Rosenberger Thomas B. Rosenberger Vice Chairman Frederick County Board of Supervisors ATTEST: /s/ J. 0. Renalds, III J. 0. Renalds, III , Clerk to the Board of Supervisors REPORT SANITATION AUTHORITY FUNDING PRESENTED Mr. James Diehl, Chairman of the Frederick County Sanitation Authority, appeared before the Board and stated that on May 6, 1976 he had executed the necessary docu- Iments for FHA funding in the amount of $2,950,000 and the money is now in the bank. 187 IHe advised the Board that the Sanitation Authority would present a resolution in the near future to work out the funding which had taken place between the Board of Super- visors and the Authority. He thanked Mr. Koontz for the many hours he had devoted to the Sanitation Au ity in their project. MAY 27. 1976 PROCLAIMED STUDENT GOVERNMENT DAY IN FREDERICK COUNTY Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia, does herein proclaim the date of May 27, 1976, as Student Government Day in Frederick County, Virginia 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 Dennis T. Cole. ZEIGER SUBDIVISION, SECTION V - BOND REQUEST - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- El 11 Iginia does herein approve the bond request of Leon B. Zeiger to accept the following letter from the Farmers and Merchants Bank as bond for Section V of Zeiger Subdivis Mr. Lawrence R. Ambrogi Commonwealth Attorney Frederick County Winchester, Virginia 22601 Dear Mr. Ambrogi: May 4, 1976 . Please consider this letter, signed under seal, as our guarantee to Frederick County for funds in the amount of $23,000 to meet the surety requirements necessary for Mr. Leon B. Zeiger to proceed with construction of roads for Section V, Zeiger Subdivision. This guarantee shall be from this date on or until such prior time as we have been notified by the County that the work has been completed satisfactorily. Sincerely yours, /s/ Richard J. Rosenberger Richard J. Rosenberger Senior Vice President ppr BE IT FURTHER RESOLVED, That the original of the above letter shall be attached to and made a part of the executed bond and agreement and kept on file in the Office of the County Administrator until such time as the road construction in said subdivi- sion is completed. The above resolution was passed by the following recorded vote: Aye - S. Roger U Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. DATE FOR ROAD VIEWING SET - MAY 21, 1976 Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein set the date of May 21, 1976 as the date for the annual Road View- ing for Frederick County. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. ORDINANCES - FIRST AND SECOND READING - ACCEPTED The following ordinances were accepted by the Board on first and second reading: 1. AN ORDINANCE TO AMEND THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE .., •. ADOPTED FEBRUARY 13, 1974 TO AMEND SECTION 4 -17 TO DELETE THE SEN- TENCE: "THIS SECTION SHALL APPLY TO SECTION 8 -2 (a -2) ". 2. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPT- ED NOVEMBER 1, 1973 TO AMEND SECTIONS 2 -1 -1 and 3 -1 -1 TO READ: 2 -1 -1 Single family dwellings and mobile homes 3 -1 -1 Single family dwellings and mobile homes 3. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPT- ED NOVEMBER 1, 1973 TO DELETE SECTIONS 2- 1- 22(a); 2- 1- 22(b); 3- 1- 24(m); 3- 1- 24(n). 4. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPT- ED NOVEMBER 1, 1973 TO ENACT ARTICLE XXV, MOBILE HOME COMMUNITY DISTRICT MH -1. REFUNDS FOR ERRONEOUS PAYMENT OF PERSONAL PROPERTY TAXES - CARL MILLER AND STEVE DeSTEFANO - APPROVED Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve a tax refund to Carl Miller, Rt. 7, Box 265, Winchester, Virginia in the amount of $18.50 for the erroneous payment of personal property taxes) for the year 1975. 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 Dennis T. Cole. Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve a tax refund to Steve A. DeStefano, Rt. 1, Box 122A, Win- chester, Virginia, in the amount of $127.79 for the erroneous payment of personal perty taxes for the year 1975. 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 Dennis T. Cole. MONTHLY STAFF REPORT - ACCEPTED After review, the Board accepted the monthly staff report. The Board recessed for five minutes. CITIZENS' CONCERN Frederick County Taxpayers Association Request for Expend vs. Budget Report Mr. Don Richardson, President of the Frederick County Taxpayers Association, ap- I peared before the Board and presented a request in support of the recommendation of (the Special Grand Jury that County Departments submit a statement of expenditure versus budget at the end of each fiscal year. Mr. Renalds stated that this has been available for a number of years. He ad- vised that the County is required to have an audit at the end of each year and a print out is available within approximately six days after the close of the fiscal year sett ting forth this information. He stated that the printout is rather large and there- fore not produced in number but is available for review in his office. RECONSIDERATION OF APP CERTIFICATE OF PUBLIC ON OF VIRGINIA LAKESI IENCE AND NECESSITY Mr. Henry Whiting appeared before the Board representing Mr. Ralph Wakeman and presented a brief background of the Virginia Lakeside Water and Sewer Company. He stated that the Board, in considering this appication, must consider the effect it will have on Frederick County. He stated that the contract entered into between Mr. Wakeman and Lakeside Water and Sewer Company, the original owners of the system, is binding upon the successors in interest to serve the Wakeman property. He further WATER AND SEWER COMPA FOR A • • • • im • stated that Mr. Wakeman, in reliance of this contract, subdivided his property and is ready to develop it, if and when Virginia Lakeside Water and Sewer Company will pro- vide the water and sewer service. Mr. Whiting added that it is in the best interest of Frederick County that this property be included in the application. Mr. Joseph Massie appeared before the Board representing Danac, owners of the Virginia Lakeside Water and Sewer Company, and stated that should the Board withdraw its approval of the application, they are in essence saying that the State Corporatio Commission can not consider the application and that the County is going to serve the area. Mr. Massie stated that a study had been conducted in 1974 to determine the feasibility of a sewer plant in the Kernstown area and the landowners would not under write the project. Mr. Massie advised that the Lakeside Water and Sewer Company was dissolved by statutes when the assets were sold for unsatisfied debts and Danac purchased the sy tem. He stated that a new corporation had been formed to take over the service and therefore had to apply for a certificate of public convenience and necessity. Mr. Massie stated that since the purchase, Danac, in order to service the peop • r1 U already hooked onto the system and meet the requirements of the Health Department an the State Water Control Board, had upgraded the plant significantly and there is sti a lot of work to be done. He advised that if the plant is not certified the people will not get proper treatment of their water and sewer. Mr. Massie advised that the State Corporation Commission must determine the si of the plant and the number of connections to be served and that they have stated th there will be 300 connections. He stated that there are already 143 connections and the plant can not possibly serve the Wakeman land. He further stated that the State Corporation Commission will award the area which can be reasonable and profitably served by the utility. Mr. Massie stated that Mr. Wakeman has no contract with Dana and Virginia Lakeside Water and Sewer Company and further that this is a matter to b adjudicated by the Courts. He stated that should the Board withdraw their approval of the application they would be denying the people hooked onto this system proper service. He further advised that to expand the plant to include the Wakeman propert would not be economically feasible. Mr. Whiting stated that should Danac not provide the service, the system would be forfeited to the users. He stated that the plant is located on the heart of the Wakeman property. There was discussion regarding previous negotiations between the parties and t alternatives left to Mr. Wakeman should his land not be included in the application. Mr. Elmer Verguson appeared before the Board and stated that Danac had offered • Mr. Wakeman one -half of the remaining connections because they felt a responsibility to him, but that they did not recognize the contract. Mr. Koontz asked if there was any possibility that the parties might get toge to try to resolve the matter. Mr. Whiting advised that his client would be willing to accept one -half of the connections at any time. Mr. Renalds stated that the Board might ask the attorneys what their next step would be should they lose their position. Mr. Massie stated that he.felt should the Board withdraw their approval of the application there would be an exploration in th Courts to determine the validity of the Board action inasmuch as this matter has bee initiated by Mr. Wakeman after a hearing before the State Corporation Commission. H stated that he felt his clients would be glad to meet and discuss the possibility of giving Mr. Wakeman one -half of the remaining connections in an effort to resolve the 190 tter. Mr. Whiting stated that should!they lose their position, they would continue the tter in the Courts. He further stated that he felt his client would be willing to with Danac to try and resolve the matter. Mr. Home Hack appeared before the Board and requested the Board to consider the s upstream from the Virginia Lakeside Water and Sewer Company. He asked how r property would be serviced. Mr. Koontz stated that the regional authority would have the right to take over irginia Lakeside Water and Sewer Company and service the entire area. The Board discussed at length what action should be taken in this matter. were offered and discussed with the following motion being voted upon. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein direct that if the parties do not get together with a week, then this Board will rescind the action taken by the Board last fall relative to the appl cation of Virginia Lakeside Water and Sewer Company for a certificate of public con- venience and necessity. The above resolution was passed by the following recorded vote: Aye - S. Roger tz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. A rman ecil'otary Bd. of Supervisors • • A Regular Meeting of the Board of Supervisors of the County of Frederick, Vir- ginia, was held on May 26, 1976, at 7:00 P.M. 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 Dennis T. Cole. The Chairman called the meeting to order. , NOTICE OF SPECIAL MEETING The following notice of Special Meeting was served upon the Board of Supervisors by the Frederick County Sheriff's Department: In accordance with Section 15.1 -538 of the Code of Virginia (1950) as amended, a special meeting of the Board of Supervisors is called for June 8, 1976, at 7:00 P.M. in,the Frederick County Board of Supervisors' • Meeting Room, 9 Court Square, Winchester, Virginia. The purpose of this meeting is to reschedule the regular meeting of the Board from June 9, 1976 to June 8, 1976, at which time all business set forth in the Agenda for the regular meeting will be conducted. /s/ J. O. Renalds, III J. 0. Renalds, III County Administrator APPROVAL OF MINUTES Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the minutes of the Special Meeting of this Board held on May 6, 1976 and the Regular Meeting of this Board held on May 12, 1976 , as submitted. 191 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, land Dennis T. Cole. APPROVAL OF BILLS Four bills were presented to the Board for payment. Mr. Koontz asked what perioc, of time was covered for the bill on repairs to vehicles from the Sheriff's Department) and Mr. Boyd replied approximately one month. There was a brief discussion as to why) the repair and maintenance work had not been done at the school bus shop as opposed a private dealer. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, • • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following bills and does order the same paid by War- rants #14312 through #1 4315.in the - amount of Miller and Anderson - two washing machines for Jail $ 778,90 Shenandoah Area Agency on Aging, Inc. per Board resolution of 4 -28 -76 366.00 Shepherd College - Student Summer Work Program 328.90 Clarke County Motor Co. - Repairs on Sheriff's Cars 1,900.06 Total $3,373.86 BE IT FURTHER RESOLVED, That the Board does herein request the Sheriff to meet with the Board at their next regular meeting to discuss the change in procedure for repair to vehicles and other various items of concern. 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 Dennis T. Cole. RALPH W. POE - APPLICATION FOR CONDITIONAL USE PERMIT TO CONSTRUCT A TRAVEL TRAILER CAMPGROUND - DENIED Mr. Koontz read two letters to the Board, one from E. Eugene Gunter, Attorney presenting Mr. Poe, requesting that the matter be placed on agenda for this meet- ing and the other from Mr. Robert Mitchell of the Law Firm of Hall Monahan Engle Maha and Mitchell, representing the opposition to Mr. Poe's application for conditional us permit, said letter stating that the opposition had not had sufficient notice of the hearing to call witnesses and further that the Board resolution passed on January 5, 1976 provides that a matter defeated by a tie vote may be returned at the next regula meeting and therefore should not be heard at this meeting. There followed a short discussion with Mr. Ambrogi advising the Board that he • felt it would be proper to hear the matter at this meeting and the hearing proceeded. Mr. Gunter appeared before the Board representing Mr. Poe and stated that he had new evidence to present in behalf of the application for conditional use permit for construction of the campground. He then introduced Mr. John F. Kane, a soil consulta Lion specialist. Mr. Kane stated that he had been a soil scientist for 36 years. He advised that he had examined the Poe property and found it would be well drained and suitable for subsurface drainfields without contamination. He presented several rock samples and soil borings which he stated had been taken from the property. Mr. Gary Grey appeared before the Board and questioned Mr. Kane regarding soil erosion at the site and Mr. Kane stated that this was not relative to the matter. Mrs. Elizabeth Peoples, a member of the local Airstream Unit and past president Df the Front Royal Chamber of Commerce, appeared before the Board in support of the 192 application and stated that she felt Mr. Poe's location was most suitable for a camp -II ground and that such a facility was-direly needed in'this area and would be an asset and most beneficial to the community. Mr. John Prosser, of the law firm of Hall Monahan Engle Mahan and Mitchell, ap- peared before the Board representing several residents in the area in opposition to the application and stated that nothing had been presented which could be considered new evidence. He stated that the time limit had made it impossible for the opposit to call expert witnesses who might disagree with Mr. Kane's findings. He further stat ed that the State Water Control Board statement contained in a letter now on file in this matter.stated that there would be a strong possibility of underground contamina- tion should this project be constructed. Mr. Prosser stated that the Board should consider the overall planning concept in this matter and whether this project would best located in this area of the County. Mr. Eldon Frye appeared before the Board and stated that he had been a public health engineer for 28 years; that-he had inspected the area and had some questions about the adequacy of the design. He advised that he was concerned about one dumping station for 75 trailers. There followed a short discussion on the capacity of the dumping station and Mr. Poe advised that the tank has a capacity of 55,000 gallons and that there would be individual hookups at each site. Mrs. Eleanor White appeared before the Board and stated that Mr. Kane had done a survey of her property and that they had had a great deal of trouble with pollution in their lake. She stated that she was concerned that the business venture of one ma could adversely affect so many residents in the area. She asked what guarantee the residents would have that this project would not turn into an unpleasant mobile home park. Dr. Gerald Gildersleeve appeared before the Board and stated that he has a sever drainage problem on his property and this proposed project would intensify the probl greatly. Mr. Gunter appeared before the Board in rebuttal and stated that his client had presented evidence showing the suitability of the property for water and sewer which had been a factor in the last hearing on this matter. He further presented a petitic in support of the campground containing several signatures of campers stating that a campground of this nature is needed in this area and would not be a detriment to the community. Mr. Gunter pointed out that Mr. Poe's property is zoned correctly for thi! use with a conditional use permit which is what he is seeking; that he is not seeking to have the property rezoned. He advised that the Board could put restrictions on thi permit. He further advised that this would not be a mobile home park but an overnigh travel trailer campground. Mr. Thomas Monahan appeared before the Board representing the opposition in re- buttal and stated that he did not feel any evidence had been presented that would materially change the situation and urged the Board to consider whether or not this area was suitable for this project. He stated that in the Frederick County Zoning Ordinance there is no.provision for a travel trailer campground and that approval of this permit would constitute an amendment to the ordinance. He asked the Board to consider carefully the letter from the State Water Control Board advising that it is almost a certainty there would be underground water pollution should this project be permitted. He urged the Board to consider the best interest of the citizens of Fred- erick County in this matter. Mr. Tyson Gilpin, Attorney, appeared before the Board representing residents on (Ward Avenue in opposition to the application and stated that the residents should not '_93 be made to suffer so that Mr. Poe might have a business facility in this area. Mr. Cecil Grey,a resident of Ward Avenue, appeared before the Board in opposit J to the application and stated that he had lived on Ward Avenue for several years. He advised that there were several small children on this street and the increased traf- fic which would be generated by the campground would create a hazard to the residents and their families. He asked whether the Board was representing the citizens of Fred erick County or just one man. Mr. Malcolm asked if Mr. Monahan's statement that approval of this permit would F L constitute an amendment to the Zoning Ordinance was correct and Mr. Ambrogi stated that the proposed use is permitted under the ordinance with a conditional use permit and therefore would not constitute an amendment to the ordinance. Mr. Thomas B. Rosenberger moved to approve the application for conditional use (permit of Ralph W. Poe for the construction of a travel trailer campground on his pro 1perty located off Route 50 West with the following restrictions: (1) As long as Mr. Poe owns the campground this permit will be valid (2) This campground will not ever become a trailer court (3) That these restrictions will pertain not only to Mr. Poe but his family during their lifetime L_J .(4) That if Mr. Poe should sell the property, these restrictions be placed on the sales agreement and that this property can not be used as a trailer court without the approval of the present Board of Supervisors Mr. Ambrogi stated that these restrictions were quite complicated and should be studied very carefully. Board Retires Into Executive Session Mr. Rosenberger then moved to go into executive session to discuss the legal • ifications of his motion as above stated with legal counsel. This motion was seconde by Dennis T. Cole and passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Board Withdraws From Executive Session Upon motion made by Dennis T. Cole, seconded by Dr. Raymond L. Fish and passed unanimously, the Board withdrew from executive session. Board Reconvenes Into Regular Session Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, and passed unanimously, the Board reconvened into Regular Session. Mr. Rosenberger stated that after discussing the legal ramifications of his pre- 0 vious motion with counsel in executive session, he wished to withdraw said motion. Mr. Cole also withdrew his second to the motion. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein deny the application of Ralph W. Poe for a conditional use permit to construct a travel trailer campground on his property located off Route 50 West. The above resolution was passed by the following recorded vote: Aye - S. Roger F L-J Koontz, R. Thomas Malcolm, Will L. Owings, and Thomas B. Rosenberger. Mr. Rosenbe stated that he was casting his vote in favor of this resolution so that the matter might finally be resolved and so that the parties might be spared additional attorney fees in connection with this matter. Nay - Dennis T. Cole and Dr. Raymond L. Fish. BARKING DOG COMPLAINT Mr. Joseph Clowser, a resident of West Virginia Avenue, appeared before the 194 and complained about his neighbor's dog barking and causing a disturbance in the neigh- borhood. He requested the Board to check into the matter and see that something is done to remedy the situation. The Board advised Mr. Clowser that they would contact the Dog Warden and the Sheriff's Department to investigate the matter and should it require Board action the , will try to remedy the situation. JOINT MEETING WITH PLANNING COMMISSION POSTPONED TO JUNE 7, 1976 Mr. Rosenberger stated that it was well past time for the joint meeting with the Planning Commission and that the Planning Commission had expressed their desire to have this meeting postponed until a later date. Mr. Lang Gordon, Chairman of the Frederick County Planning Commission appeared • before the Board and stated that inasmuch as the matters to be discussed were of grea importance, the Planning Commission would request a postponement of the joint meeting to a later date. The Board agreed with the request of the Planning Commission and the date of Jun 7, 1976 at 7:00 P.M. was set for the joint meeting with the Planning Commission. BOARD REQUESTS COMMONWEALTH ATTORNEY TO PROCEED TO COLLECT DELINQUENT TAXES AND AGREE TO UNDERWRITE LEGAL EXPENSES FOR SAID COLLECTION ' Mrs. Dorothy Keckley appeared before the Board and stated that to date nothing has been done to collect delinquent taxes as directed by the Board at a previous meet • ing. She stated that Mr. Clinton Ritter, Assistant Commonwealth Attorney, had advise her that his office had too much work to do to undertake this job and he had written to the Attorney General for an opinion as to whether or not his office could be com- pensated for this work. Mr. Ambrogi explained the procedure which must be followed to collect delinquent taxes. He stated that they would try to collect them without suit but suit would pro bably be necessary in some cases. He stated that the County must bear the court cost for collection of these taxes. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, County Frederick, Vir- • BE IT RESOLVED, That the Board of Supervisors of the of ginia, does herein request the Commonwealth Attorney to proceed with the collection o delinquent taxes owed by individuals, corporations or companies and does herein agree ' to underwrite the costs of taking proper legal proceedings and filing the necessary legal papers to accomplish this task. 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 Dennis T. Cole. • BOARD REQUESTS STAFF TO RESEARCH AND RECONSTRUCT RESOLUTION RELATIVE TO MATTERS DE- FEATED BY TIE VOTE FOR CONSIDERATION BY BOARD Following a short discussion, the Board requested the County Staff to research the Code and reconstruct the resolution passed by this Board on January 5, 1976 rela- tive to the procedure to be followed when a matter is defeated by a tie vote. The resolution shall be presented to the Board for consideration and action. ASAP - REQUEST FOR APPROPRIATION TRANSFER - APPROVED Mr. Rick Miller, Director of ASAP, appeared before the Board and presented a re- , quest for an appropriation of additional funds to the ASAP program. He explained tha the funds would be transferred from fees collected by the program and would not in- volve tax dollars. Dr. Fish stated that he felt approval of this request would be setting a prece- 195 dent and the Board must consider the request then of other departments to spend their excess funds. Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED., That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following transfer of excess funds from the FY 75 -76 Budget to the FY 76 -77 Budget of the Division of Court Services: Function: 05 Administration of Justice 005G215D Repair and Replacement - Films 005G220 Travel 221 Schools and Training 319B Printed Forms - Brochures 326 Planning and Research New Item 005G322 Books and Bulletins Function 19 Capi tal Outlay OO5G403 Furiture and Fixtures TOTAL GRAND TOTAL $2,000.00 800.00 1,900.00 1,000.00 1,500.00 200.00 7,400.00 $2,450.00 $9,850.00 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Nay - Thomas B. Rosenberger and Dr. Raymond L. Fish. II J SUBDIVISIONS Larry S. and Catherine C. Golliday Subdivision - Opequon District - Denied Mr. Berg presented the subdivision plat of Larry S. and Catherine C. Golliday containing two lots in Opequon Magisterial District, stating that the Planning Com- mission recommends approval and an impact fee of $111 on Lot C. Mr. Owings stated that this property was originally a nine acre tract; that the family had obtained a variance to give a lot to their son on which he constructed a home. He advised that subsequent to this construction, Mr. Golliday has proceeded to erect a foundation on one half of the remaining property without first obtaining the proper approvals. Mr. Rosenberger stated that Mr. Alfred Snapp had appeared before the Planning • Commission and advised that he would not object to the home presently being construct the property. ed but he would object should Mr. Golliday proceed to subdivide the back portion of Mr. Owings expressed concern about the close proximity of the house to Mr. Sna orchard because of the spray used in said orchard. Mr. John Pickeral appeared before the Board in opposition to this subdivision urged the Board not to continue spot zoning in the County, especially close to 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, Vir- • I J ginia does herein approve the Larry S. and Catherine C. Golliday Subdivision, located on Routes 625 and 638, containing 2 lots in Opequon Magisterial District. The above resolution was defeated by the following recorded vote: Aye - Dennis T. Cole, and Thomas B. Rosenberger, Nay - S. Roger Koontz, Will L. Owings, R. Thomas Malcolm, and Dr. Raymond L. Fish. Nellie E. Dellagotta Subdivision - Gainesoboro Magisterial District - Denied Mr. Berg presented the Nellie E. Dellagotta Subdivision stating that Mrs. Dell gotta had built her home on five acres of her thirteen acre tract. He advised that she is planning to convey the remaining acreage in three lots. Mr. Berg stated that the Planning Commission recommends approval of this subdivision and an impact fee of $222. Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 196 ginia, does herein approve the Nellie E. Dellagotta Subdivision containing two lots fronting Route 703 (Ebenezer Church Road) in Gainesboro Magisterial District. The above resolution was defeated by the following recorded vote: Aye - Dr. Raymond L. Fish, Dennis T. Cole, and Thomas B. Rosenberger. Nay - S. Roger Koontz, R. Thomas Malcolm, and Will L. Owings. Gordondale Subdivision - Section 4 - Stonewall Maqisterial District - Reapproved Mr. Berg presented the plat of Gordondale Subdivision, Section 4 and stated that this is a request for reapproval inasmuch as the plat had not been recorded in the specified length of time. Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the plat of Gordondale Subdivision, Section 4 containing one lot on Route 670 in Stonewall Magisterial District as previously approved by this Board. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, R. Thomas Malcolm, Dr. Raymond L. Fish, Will L. Owings, and Dennis T. Cole. Abstaining - S. Roger Koontz. Clevenger Lots - Plat Revision - Stonewall District - Approved Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the plat revision of the Clevenger Lots located on Route 66 in Stonewall Magisterial District to increase the lot sizes in said subdivision. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr.. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. Bethel Heights Subdivision - Plat Revision - Gainesboro District - Approved Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the plat revision of Bethel Heights Subdivision containing two lots fronting on Route 608 in Gainesboro Magisterial District to add Lots 2 and 3; 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 Dennis T. Cole. Woodside, Section 1 -A - Plat Revision - Opequon District - Approved Upon motion made by L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the plat revision of Woodside, Section 1 -A located on Route 641 in Opequon Magisterial District to enlarge the lots in said subdivision. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. SITE PLAN AND CONDITION, IAL DISTRICT - APPROVED - GOLDSTON TRUCKING COMPANY - STONEWALL MAGISTER Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the site plan and conditional use permit of the Goldston Trucking Company to erect a one story building (70' x 100 on 1.386 acres located on Route 783 in Stonewall Magisterial District with the stipulation that the entrance be changed as recommended by the Virginia Department of Highways and Transportation, saic facility to have City water and sewer service. • • • 1 197 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings, and Dennis T. Cole. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the mobile home permit of Steven R. Michaelis on the east side of Route 614 in Back Creek Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. • Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the mobile home permit of Calvin Hott located on the south side of Route 671 approximately 1/2 mile east of intersection with Route 681 in Gaine: boro Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger ' Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. • 11 PROCEDURE FOR MAKING APPOINTMENTS ESTABLISHED Mr. Koontz suggested that the Board establish the procedure of receiving informa- tion at one meeting regarding appointments which need to be made and then making said appointments at a subsequent meeting, thereby allowing sufficient time for the super- visors to discuss said appointments with intended appointees and other citizens who might be willing to serve. The Board agreed with this procedure. Mr. Koontz then announced the following appointments which need the considerat of the Board for appointment at a subsequent meeting: 1. Lord Fairfax Community College Board 2. Industrial Development Authority • 3. Welfare Board 4. Northern Virginia Health Systems Agency 5. Braddock House ' Mr. Malcolm advised that he is currently holding a position of the Subarea Coun (Northern Virginia Health Systems Agency) as a consumer. He stated that he would be willing to continue service in this capacity should the Board so desire, if it would not conflict with some other position he currently holds. THOMAS B. ROSENBERGER RESIGNED FROM PLAN14ING COMMISSION EFFECTIVE JUNE 9, 1976 Mr. Rosenberger informed the Board that he would continue to serve as a member o • the Frederick County Planning Commission until June 9, 1976 at which time he would resign due to his health. He advised that he wanted to serve until this date so that he might present a report of the Land Use Advisory Committee to the Board on June 7, 1976. Mr. Rosenberger stated that he did not feel the Board was upholding the deci- sions of the Planning Commission and as long as he serves as a member of the Board he would vote for the little man. Mr. Koontz thanked Mr. Rosenberger for his service on the Planning Commission. The Board recessed for ten minutes. RECONSIDERATION OF VEHICLE BID Mr. Renalds advised the Board that the low bid from Lamar Sloan Ford, Inc. for a new pickup truck for the Dog Warden should be reconsidered inasmuch as Lamar Sloan Ford had omitted the freight charges of $185.00 from the original bid and had advised HOME PERMITS - MACHAELIS AND HOTT - APPROVED ( MOBILE Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the mobile home permit of Steven R. Michaelis on the east side of Route 614 in Back Creek Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. • Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the mobile home permit of Calvin Hott located on the south side of Route 671 approximately 1/2 mile east of intersection with Route 681 in Gaine: boro Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger ' Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. • 11 PROCEDURE FOR MAKING APPOINTMENTS ESTABLISHED Mr. Koontz suggested that the Board establish the procedure of receiving informa- tion at one meeting regarding appointments which need to be made and then making said appointments at a subsequent meeting, thereby allowing sufficient time for the super- visors to discuss said appointments with intended appointees and other citizens who might be willing to serve. The Board agreed with this procedure. Mr. Koontz then announced the following appointments which need the considerat of the Board for appointment at a subsequent meeting: 1. Lord Fairfax Community College Board 2. Industrial Development Authority • 3. Welfare Board 4. Northern Virginia Health Systems Agency 5. Braddock House ' Mr. Malcolm advised that he is currently holding a position of the Subarea Coun (Northern Virginia Health Systems Agency) as a consumer. He stated that he would be willing to continue service in this capacity should the Board so desire, if it would not conflict with some other position he currently holds. THOMAS B. ROSENBERGER RESIGNED FROM PLAN14ING COMMISSION EFFECTIVE JUNE 9, 1976 Mr. Rosenberger informed the Board that he would continue to serve as a member o • the Frederick County Planning Commission until June 9, 1976 at which time he would resign due to his health. He advised that he wanted to serve until this date so that he might present a report of the Land Use Advisory Committee to the Board on June 7, 1976. Mr. Rosenberger stated that he did not feel the Board was upholding the deci- sions of the Planning Commission and as long as he serves as a member of the Board he would vote for the little man. Mr. Koontz thanked Mr. Rosenberger for his service on the Planning Commission. The Board recessed for ten minutes. RECONSIDERATION OF VEHICLE BID Mr. Renalds advised the Board that the low bid from Lamar Sloan Ford, Inc. for a new pickup truck for the Dog Warden should be reconsidered inasmuch as Lamar Sloan Ford had omitted the freight charges of $185.00 from the original bid and had advised •* e that the bid would be increased by this amount. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein direct the County Administrator to inform Lamar Sloan Ford, Inc. that this Board will accept the original bid of $4,029.41 as submitted on April 22, 1976 for a 1976 pickup truck for the Frederick County Dog Warden; and, BE IT FURTHER RESOLVED, That should Lamar Sloan Ford, Inc. not honor the orig bid as set forth above, the County Administrator is hereby instructed to cancel the Drder for said 1976 pickup truck and place the order for same with the next lowest , B. & M. Chevrolet, Inc. The above resolution was passed by the following recorded vote: Aye - S. Roger ntz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. • CONTRACTUAL AGREEMENT FOR SERVICES TO BE RENDERED FOR THE.000NTY PARKS AND RECREATION DEPARTMENT - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the following contractual agreement: , AGREEMENT FOR SERVICES TO BE RENDERED FOR THE COUNTY DEPARTMENT OF PARKS AND RECREATION • Pursuant to a resolution duly made and passed by the Board of Super- visors of the County of Frederick, Virginia at their regular meeting held on Wednesday, May 26, 1976, the County Administrator is authorized to enter into agreements with certain persons performing specialized services in the Department of Parks and Recreation. This agreement, made and entered into this day of 19 by and between and , party of the first part, , County Administrator of the Board of County Supervisors of Frederick County, Virginia, party of the second part. WHEREAS, the Frederick County Department of Parks and Recreation finds from time to time that persons with specialized abilities and /or skills are needed to supervise and /or instruct particular recreational programs. Con- sequently, it is necessary to enter into an agreement with such individuals which sets forth the duties to be performed and the consideration for the same. NOW, THEREFORE, WITNESSETH: The purpose, terms and conditions of this agreement are as follows: 1. The duties to be performed by the party of the first part shall be rendered in conjunction with the program. This program shall commence on the day of , 19 , and terminate on the day of 19 The Direct- or of the Frederick County Parks and Recreation shall determine the details of the program and shall serve as the Director thereof. 2. As full compensation for services rendered, the party of the first part shall receive dollars for supervising the above named program. Such compensation shall be made as requested by the Director of Parks and Recreation, providing that no compensation shall be paid for services not rendered by the time of payment. 3. If during the term of this agreement, the party of the first part C1 • 1 is unable to perform his /her duties for any reason, health or otherwise, 199 the party of the first part shall receive no compensation for services not rendered to Frederick County. I 4. This agreement may be terminated by either party upon two weeks written notice. LJ In testimony whereof said parties have executed this agreement in dup- licate originals, one of which is retained by each of the parties, the day and year first above written. (seal) (seal) County Administrator of the County of Frederick, Virginia The above resolution was passed by -the following recorded vote: .Aye - Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. FAIRFAX PLANNING DISTRICT COMMISSION - ASSESSMENT OF 20c PER CAPITA - APPROVED Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve and accept the assessment of 20C per capita for Fiscal 197,6 -1977 for jurisdictions within the Lord Fairfax Planning District Commission. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. 4,000 DONATION TO FREDERICK COUNTY FIRE COMPANIES - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve a donation in the amount of $4000 to each of the nine fire companies in Frederick County, said funds to be used at the discretion of each com- pany, said funds being contained in the 1976 -1977 Budget. 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 Dennis T. Cole. ROAD VIEWERS REPORTS ACCEPTED AND PRIORITIES SET Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein accept the Road Viewers Reports and does further accept the first priority as set forth in said report; and, BE IT FURTHER RESOLVED, That the Board does set as second priority the proposed relocation of Route 740 between Route 671 and Back Creek for a length of 0.28 miles and abandonment of 0.32 mile of old Route 740. 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 Dennis T. Cole. APPROPRIATION TRANSFERS - BUILDING RENOVATION - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following appropriation transfers in the 1975 -1976 Gen eral Operating Fund in order to complete the renovation of the New Board Room: 200 Transfer To: 19 -014B -603 $18,400.00 14 -014B 2,15B 600.00 Total $19,000.00 Transfer From: 19- 01OG -499A $ 5,000.00 19 -014A -603 1,000.00 O1 -001A -226 7,500.00 11 -011A -326 5,500.00 Total $19,000.00 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 Dennis T. Cole. REQUEST FOR REFUNDS - RICHARD C. AND KAY DIXON GORDON - COUNTY STICKERS - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does hereby approve the following refunds for the erroneous purchase of County automobile stickers: Richard C. Gordon $10.00 Route 2, Box 168 -J Stephens City, Va. Kay Dixon Gordon $10.00 Route 2, Box 168 -J Stephens City, Va. 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 Dennis T. Cole. NOTICE OF RURAL COUNTY RALLY Mr. Renalds advised the Board that a Rural County Rally sponsored by the Virgi Association of Counties and the National Association of Counties would be held in ericksburg on June 4, 1976. He advised that he had information on this Rally in his office should any of the Board members care to attend. RESOLUTION OF APPRECIATION PRESENTED TO S. ROGER KOONTZ FOR SERVICE ON THE FREDERICK COUNTY SANITATION AUTHORITY Mr. Rosenberger presesnted a resolution of appreciation, executed by Mr. Rosen- berger as Vice Chairman of the Board of Supervisors and attested by J. O. Renalds, II County Administrator, to S. Roger Koontz for his service on the Frederick County Sani tation Authority as approved by the Board at their last regular meeting. MEETING DATES FOR FINANCE COMMITTEE ESTABLISHED The Board agreed to set the meeting date for the Frederick County Finance Com- mittee for the Wednesday of the first week of each month beginning in July, 1976. meeting for June will be held on June 1, 1976. ANNOUNCEMENT OF STUDENT GOVERNMENT DAY - MAY 27, 1976 Mr. Renalds announced that Student Government Day would be held on May 27, 1976 and invited the Board members to attend should they so desire. NEED FOR ADDITIONAL OFFICE SPACE DISCUSSED Mr. Koontz stated that several County offices are quite crowded. He told the Board that they would be faced with this problem in the very near future and he re- quested that they be looking at the space which is available in the County Administra- tion Building. TAX GRANTED TO ril 7097 • 111 • 1 • 1 201 Mr. Malcolm requested that the Board consider granting tax exempt status to the (Woodmen of the World. Mr. Ambrogi advised that he had researched this request and felt it would be per Imissable and that this organization did comply with provisions set forth in the Code las an exemption. Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- Iginia, does herein grant tax exempt status to the Woodmen of the World Organization effective for tax year 1976. 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; land Dennis T. Cole. (REPORT - BOUNDARY LANE Mr. Malcolm advised the Board that he had met with Mr. Eckles and Mr. Maccubbin (regarding the donation of right -or -ways for the improvement of Boundary Lane. He - cited the demands made by Mr. Eckles and stated that because of these excessive de- Imands, the project is probably lost. REPORT - VIRGINIA LAKESIDE WATER AND SEWER COMPANY /RALPH WAKEMAN Mr. Koontz stated that he had talked with the attorneys for Danac and it appears that a contract has been drawn and the matter is being worked out. He requested that Board action be delayed in order to allow sufficient time for negotiations between the parties to progress. The Board agreed to this request. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. 0 MEW A.Special Meeting of the Frederick County Board of Supervisors was held on June 7, 1976 at 4:30 P.M. at the location of the proposed Forest Lakes Estates Mobile Home Park. BOARD OF SUPERVISORS: Present: S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm, Dennis T. Cole, and Dr. Raymond L. Fish. PLANNING COMMISSION: Present: Langdon Gordon, Manuel DeHaven, and James Golla Jr. Absent: Elmer Venskoske, Keith Williams, and Frank Brumback. WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned Members of the Board of Supervisors of Frederick County, Vir ginia, the Commonwealth Attorney and Clerk of the Board do hereby waive Notice of Special Meeting to be held on Monday, June 7, 1976 at 4:30 P.M. at the site of the proposed Forest Lake Estates east of Stephens City, Virginia, for the following pur- poses: 1. To view the site of the proposed Forest Lake Estates located off Route 636 in Opequon Magisterial District 2. Such other business as may come before the Board /s/ S. Roger Koontz S. Roger Koontz Chairman /s/ Thomas B. Rosenberger Thomas B. Rosenberger Vice Chairman Back Creek District 0 2.02 /s/ Dr. Raymond L. Fish Dr. Raymond L. Fish Gainesboro District /s/ Will L. Owings Will L. Owings Opequon District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth's Attorney ATTEST: /s/ J. O. Renalds, III J. O. Renalds, III Clerk of the Board of Supervisors INSPECTION OF PROPOSED FOREST LAKE ESTATES MOBILE HOME PARK The Board of Supervisors met and viewed the site of the proposed Forest Lake Estates Mobile Home Park with members of the Planning Commission, the County Staff, the applicants and counsel for the applicants and surveyors for the applicants. The applicants explained the general layout of the park and the site of the pro -I posed sewage treatment plant, the site of the lake, and provisions for road access to and out of the site. There being no further business, the meeting was adjourned. Chairman d. Super isors Sec tary Bd. of Supervisors A Special Joint Meeting of the Frederick County Board of Supervisors and the Frederick County Planning Commission was held on June 7, 1976, at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester Virginia. PRESENT: Board of Supervisors - S. Roger Koontz, Chairman; Thomas B. Rosenberg Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. PRESENT: Planning Commission Chairman; Elmer Venskoske; James Go Williams. Absent - Keith Williams. The Chairman called the ;R OF NOTICE OF SPEC MEETING C. Langdon Gordon, Chairman; Frank Brumback, y, Jr.; Manuel C. DeHaven; and R. Wesley to order. We, the undersigned Members of the Board of Supervisors of Frederick County, V ginia, the Commonwealth Attorney and Clerk of the Board do hereby waive Notice of Special Meeting to be held on County Board of Supervisors' the following purposes: 1. To meet with the Frederick Plan 2. Such other business as may , June 7, 1976 at 7:00 P.M. in the Frederick Room, 9 Court Square, Winchester, Virginia for County Planning Commission on the Land Use come before the Board. /s/ S Roger Koontz S. Roger Koontz Chairman /s/ Thomas B. Rosenberger Thomas B. Rosenberger Vice Chairman Back Creek District • 11 • • 1 • 1 203 /s/ Dr. Raymond L. Fish Dr. Raymond L. Fish Gainesboro District /s/ Will L. Owings Will L. Owings Opequon District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth's Attorney • ATTEST: /s/ J. 0. Renalds, III J. O. Renalds, III Clerk of the Board of Supervisors DISCUSSION OF LAND USE PLAN The concept of utilizing the five acre minimum for lots in the agricultural dis- trict was discussed and it was the majority opinion of both the Board and the Plan- ning Commission that this minimum lot size be given serious consideration prior to finalization of the Land Use Plan. The Board and Commission both felt that the pre- liminary work should be initiated in order to establish a minimum frontage for lots in agricultural areas of 150 feet rather than having the double standard of 150 feet in A -2 and 200 feet in A -1. Another area for possible future work would be in re- gard to the minimum lot size for lots 70,000 square feet on -which individual wells and septic tanks would be utilized. There being no further business, the meeting was adjourned. Chairman Ba Superv A Special Meeting of the Board of Supervisors of the County of Frederick, Vir- L J ginia, was held on June 8, 1976, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, at 7:00 P.M. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings, R. Thomas Malcolm; and Dennis T. Cole. The Chairman called the meeting to order. ' APPROVAL OF MINUTES 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, Vir- ginia does herein approve the minutes of the Regular Meeting of this Board held on May 26, 1976 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger J Koontz, Thomas B. Rosenberger, Dr. Raymond L. FISh, Will L. Owings, R. Thomas Malc and Dennis T. Cole. APPROVAL OF BILLS AND ERRONEOUS PAYMENT OF 10% TAX PENALTY - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the bills for the month of May, 1976 in the amount of $77,740.75 and does order the same paid by Warrants #14439 through #14700 and #14702; and, 204 BE IT FURTHER RESOLVED, That of $12.78 representing a 10% pena The above resolution was pas Koontz, Thomas B. Rosenberger, Dr and Dennis T. Cole. APPROVAL OF PAYROLL Upon motion made by Will L. O BE IT RESOLVED, That the Boar ginia, does herein approve the pay $75,818.51 and does order the same The above resolution was pass wings and seconded by R. Thomas Malcolm, I d of Supervisors of the County of Frederick, Vir- roll for the month of May, 1976, in the amount of (paid by Warrants #14316 through #14438. ed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. P TO MINUTES OF JANUARY 5 he Board does herein approve a refund in the amou y erroneously charged to Steve A. DeStefano. d by the following recorded vote: Aye - S. Roger Raymond L. Fish, Will L. Owings, R. Thomas Malcol 1976 REGA RDING PROCEDURE ON TIE VOTE - APPROVED Upon motion made by R. Thomas I Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein amend the minutei of the Organizational Meeting of this Board held on January 5, 1976, regarding procedure on tie votes in accordance with the following resolution: BE IT RESOLVED, By the Frederick County Board of Supervisors that all members of the Board will BE IT FURTHER RESOLVED, That issues can't be brought befor granted to place it on the Ag statute. The above resolution was pass Koontz, Thomas B. Rosenberger, Dr. and Dennis T. Cole. HEALTH DEPARTMENT No Report. HIGHWAY GATED ARTMENT - REQUEST THAT a vote on all matters brought before them. 11 3 to 3 votes defeat any issue and such the Board again until Board approval is nda, except in those cases governed by d by the following recorded vote: Aye - S. Roger Raymond L. Fish, Will L. Owings, R. Thomas Malcolm -OFF PRO BLEM IN PLAINFIELD HEIGHTS BE INVESTI- Mr. Rosenberger requested the IHighway Department to investigate a complaint re- garding a run -off problem in Plainfield Heights Subdivision. Mr. Koontz asked Mr. Renalds to relay this request to the Highway Department. nna WARDEN - REPORT AND CLAIM - HERMAN DYKE - The report of the Dog Warden Upon motion made by Dennis T. BE IT RESOLVED, That the Boar ginia, does herein approve the cla Stephenson, Virginia, for 6 laying guineas at $1.25 each or a total o The above resolution was pass Koontz, Thomas B. Rosenberger, Dr. and Dennis T. Cole. OF $90,000 LOCAL FUNDS Mr. James Boyd appeared d Assistant Dog Warden were reviewed and acceptec ole and seconded by Dr. Raymond L. Fish, of Supervisors of the County of Frederick, Vir- for livestock kill of Herman Dyke, Rt. 1, Box if .ens at $2.50 each or a total of $15.00 and 2 $2.50 for a grand total of $17.50. by the following recorded vote: Aye - S. Roger taymond L. Fish, Will L. Owings, R. Thomas Malcoli SCH OOL OPERATING BUDGET - APPROVED the Board and stated that there had been a s is • • a 1L 205 fall in the estimated sales tax revenue for schools. He reported that the County would realize sufficient funds from underestimates of other sources of revenue to off set this deficit. He explained that any funds remaining in the school operating bud at the end of the fiscal year would be transferred to the school building fund. Dr. Fish stated that he felt the Board should have more definite projections as to what amount would be needed by the School Board to meet the June bills. Upon motion made by Will L Owings and seconded by R. Thomas Malcolm, WHEREAS, It appears that there will be a shortfall of State Sales Tax Revenue allocated for school purposes within the 1975 -76 School Operating Budget; and, WHEREAS, It is estimated that the County of Frederick will realize sufficient funds resulting from underestimates of other sources of revenue to offset this defici • BE IT HEREBY RESOLVED, By the Frederick County Board of Supervisors that addi al local funds in an amount not to exceed $90,000 are hereby allocated and authorized for use within the 1975 -76 School Operating Budget. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Nay - Dr. Raymond L. Fish. Abstaining - Thomas. B. Rosenberger. ' FREDERICK COUNTY SANITATION AUTHORITY - REQUEST FOR LOAN FUNDS - APPROVED Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger, • BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that loan in the amount of $115,671.59 is hereby authorized to the Frederick County Sani- tation Authority; and, BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended f budget code 10- 01OH -902C of the General Fund and that this loan is part of and not an addition to the approved loans to the Frederick County Sanitation Authority and shall be subject to the terms established by this Board on December 11, 1974; and, BE IT FURTHER RESOLVED, That said funds are to be applied to the statement rend ed by Porter and Cole on May 28, 1976 in the amount of $122,374.80. The above resolution was passed by the following recorded vote: Aye - S. Roger • Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Abstaining - Dennis T. Cole, FREDERICK COUNTY SANITATION AUTHORITY - LOAN TERM - APPROVED Mr. James Diehl appeared before the Board and presented a brief report on the gress of the Authority's project. He then presented a resolution for consideration the Board setting forth loan term for funds advanced to the Authority. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, WHEREAS, The Frederick County Sanitation Authority has received interim financ • for the Red Bud - Abrams Creek water and sewer project in anticipation of receiving anent financing and /or grants from the Farmers Home Administration; and, WHEREAS, Frederick County has advanced funds totaling $1,106,500.00 out of total committed funds of $1,106,500.00 for the above referenced project; and, WHEREAS, No additional loans to the Frederick County Sanitation Authority for th Red Bud - Abrams Creek project are anticipated to be made; NOW, THEREFORE, BE IT RESOLVED, By the Frederick County Board of Supervisors tha resolutions by this Board dated April 12, 1972 and December 11, 1974 regarding terms of said loans totaling $1,106,500.00 are hereby rescinded and declared null and void; BE IT FURTHER RESOLVED, That the terms of the present outstanding loan for the Bud - Abrams Creek Project, in the amount of $1,106,500.00 shall be as follows: Il_ W (a) Shall bear interest at the rate of five per cent (5%) simple interest for a term of twenty (20) years beginning May 1, 1987. (b) Shall be paid back to the County of Frederick at the end of the above specified 20 year period. AND BE IT FURTHER RESOLVED, That it is hereby directed that the 1975 -76 budget shall be adjusted in accordance with this resolution. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm, Abstaining - Dennis T. Cole. MOBILE HOME Mr. Diehl then advised the Board that the Authority was returning the $75,000 ad- vanced by the Board several months I g o inasmuch as they would not now need these funds The application for the HUD Co ly and Mr. Jones stated that approv expected sometime this month or ear Mr. Diehl invited members of t June 14th at 7:00 P.M. to tour the Mr. Charles Boyd stated that being dumped into Abrams Creek. tion out. The Board recessed for five FOREST LAKE munity Development Block Grant was discussed brief 1 of the application and receipt of the funds is v next month. Board to meet with members of the Authority on ant now under construction. tes. SITE PLAN - Mr. Berg presented the application for conditional use permit of Forest Lake Estates stating that the applicant proposes 491 trailer spaces on 173 acres. He ad- vised that the Planning Commission recommended denial of this application. Mr. Ambrogi presented a brief review of the history of this application for con- ditional use permit stating that the applicants were asking only for the approval of the site plan inasmuch as the Courts had ruled their mobile home park permit was valid He then read a portion of the Judge's opinion wherein he stated that the first 173 spaces would be governed by the ordinances in effect in 1970; after the 173 spaces an other spaces will be governed by the ordinances in effect on April 14, 1974. Mr. Louis Costello and Mr. E. Eugene Gunter appeared before the Board represent- ing the applicants. The recreational area requirement was discussed with Mr. Costello advising the Board that the site plan more than adequately met this requirement. Mr. Koontz state that he did not feel the area set firth on the plan was located in an area to provide easy access to all the residents. Mr. Costello pointed out that the lake itself ex- ceeded the recreational requirement and that there would naturally be open space con- tiguous with the lake. He further Iadded that the applicants h requested of the Planning Commission and the County Planner notification of any deficiency in the ap- plication and to date had not been notified of any such deficiencies. Set -back lines and lot sizes were discussed and Mr. Berg stated that these re- quirements had been met. The water and sewer system was discussed and Mr. Costello advised the Board that the street layouts must be approved before the lines for the sewerage system can be planned and submitted to the State Water Control Board for approval. Mr. Koontz stated that any wa must have the approval of the Sani vice Authority and Mr. Costello st Judge the Board of Supervisors has that it had been agreed between th of the construction site he had noticed muddy water Mr! Koontz requested Mr. Jones to check this allega- r and sewer system constructed in Frederick County tion Authority and the Frederick - Winchester Ser- ed that in accordance with the rulings of the o authority to require this approval. He stated applicants and the Sanitation Authority when this F_ - 1 L 1 C11 • r11 L 1 207 L7 matter was first begun that the Sanitation Authority had no intention of servicing this area in the near future. He stated that it was agreed that Mr. Van Dyke would have authority to proceed with a water and sewer system and the Sanitation Authority would have an option to purchase said system within 15 years if they so desire. The bond requirement as set forth in the ordinance was discussed and Mr. Costellc stated that this will be a privately owned system and the lots would probably not be sold. He stated that nothing could be put on the property until the amenities are completed and therefore bonding would be useless. Mr. Clinton Ritter advised the Board that they could only administratively con- 0 sider the site plan and if the applicants have met all the requirements, the Board must approve the site plan. Mr. Gunter stated that the site plan had been modified before final drafting as suggested by the Planning Commission and Mr. Berg. He stated that if the applicants have not met any provision or requirement as set forth in the applicable ordinances, he would request that the Board point out these requirements so that they might be The Board recessed for five minutes. Mr. Rosenberger stated that he had studied the site plan, the slopes and grades, • and many other items in this application quite extensively and he felt there were a lot of questions which needed to be answered. He therefore moved that the applicat for conditional use permit and site plan of Forest Lake Estates be tabled and refer back to the Planning Commission and that in the meantime the Board of Supervisors would point out a lot of items they have questions about to the Planning Commission. This motion was seconded by Dr. Raymond L. Fish, and carried by the following re corded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Dennis T. Cole was absent at the time of this vote Mr. Costello requested the Board to submit, in writing, any objections they migh • have to application so that the applicants might try to meet these requirements. CONDITIONAL USE PERMIT - ERECT SIGN - APPROVED i A. SANDY T/A WHITE OAK TRADING POST ARID Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the application for conditional use permit of James A. San T/A White Oak Trading Post and Campground, Conditional Use Permit Application Number 64 to erect one (1) directional sign (2' x 3')on 10.470 acres (owned by Exxon Co., USA) located on the south side of Route 277, one -tenth (1 /10) mile east of Stephens City Interchange No. 78, O equon Magisterial District, B -1 Zoning. The above resolution was passed by the following recorded vote: Aye - S. Roger • Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Dennis T. Cole was absent at the time of this vote. NORD RECEIVED OF THE DEATH OF ASBURY MORRISON Mr. Koontz announced that word had just been received of the sudden death of Mr. ksbury Morrision, a close friend of the Board and Vice- Chdirman of the Frederick Count Sanitation Authority. ?UBLIC HEARINGS: %N ORDINANCE TO AMEND THE DIVISION OF LAND ORDINANCE ADOPTED FEBRUARY 13, 1974 TO %MEND SECTION 4 -17 - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- jinia, does herein approve the following ordinance on third and final reading: i AN ORDINANCE TO AMEND THE ,FREDERICK COUNTY DIVISION OF LAND ORDINANCE ADOPTED FEBRUARY 13, 1974, TO AMEND SECTION 4 -17 TO DELETE THE SENTENCE: "THIS SECTION SHALL APPLY TO SECTION 8 -2 (a -2) ". This above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Dennis T. Cole was absent at the time of this vote. DRDINANC TO ND THE FREDERICK -1 -1 AND 3 -1 -1 - ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO 9MEND SECTIO Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That.the Board of Supervisors of the County of Frederick, Vir- 3inia, does herein approve the following ordinance on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTIONS 2 -lie AND 3 -1 -1 TO READ: 2 -1 -1 Single family dwellings and mobile homes 3 -1 -1 Single family dwellings land mobile homes The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Dennis T. Cole was absent at the time of this vote. kN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 nn � TnMa Ol4n TnMC 9_1_99 9_1 -70 I}.1. Z_1 -7A 1m1- l -7d lnl - APPRC)VRT) Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the following ordinance on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO DELETE SECTIONS 2- 1- 22(a); 2- 1- 22(b); 3- 1- 24(m); 2- 1 -24(n) The above resolution was passel by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Dennis T. Cole was absent at the time of this vote. AN ORDINANCE Mn AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO ENACT ARTICLE XXV, MOBILE HOME COMMUNIT DISTRICT MH -1 - APPROVED Upon motion made by Dr. Raymo BE IT RESOLVED, That the Boar ginia does herein approve the foll AN ORDINANCE TO AMEND THE FRE NOVEMBER 1, 1973, TO ENACT AR MH -1 L. Fish and seconded by Will L. Owings, of Supervisors of the County of Frederick, Vir- ing ordinance on third and final reading: RICK COUNTY ZONING ORDINANCE ADOPTED CLE XXV, MOBILE HOME COMMUNITY DISTRICT ARTICLE XXV LE HOME COMMUNITY DISTRICT MH -1 tatement of Intent This district is designed to provide a planned community for mobile homes. In addition to neighborhood commercial services to serve community resi- dents this district is intended for subdivisions of lots for mobile homes where each family may own their lot(s) or for mobile home parks where lots are rented. In designing thes communities the developer is expected to provide roadways and amenities to serve the planned community and suitable landscaping and transition areas to blend the mobile home community with adjoining land uses. 25 -1. USE REGULATIONS 25 -1 -1. Mobile Homes. 25 -1 -2. Mobile Home Parks. 25 -1 -3. Schools. 25 -1 -4. Churches. 25 -1 -5. Public parks, pla 25 -1 -6. Neighborhood comm and personal sery s and recreational uses. uses; such as, drug store, grocery store, 25 -1 -7. Off - street parking ai required by this Ordinance. 25 -1 -8. Accessory buildings as defined; however, garages or other access- ory structures -- such as, carports and porches attached to the mobile shall be considered part of the mobile home. • • • ►W- • • 25 -1 -9. 25 -1 -10 25 -1 -11 25 -1 -12 25 -1 -13 25 -2. 25 -3 25 -3 -1. 25 -3 -2. 25 -3 -3 Public utilities including -- poles, lines, distribution trans- formers, pipes and meters, water and sewer facilities and lines. Fire stations, companies and rescue squads. Business signs. Directional signs. Church bulletin boards and identification signs. SETBACK AND BOUNDARY REGULATIONS A permanent open space, at least thirty -five feet (35') wide, shall be provided along the property line and shall be main- tained in landscaping; no structures (except signs), no drive- way or off - street parking shall be permitted in such area. AREA REGULATIONS - Mobile Home Subdivision(s) Definition: Division of any tract or parcel of lot of land into three (3) or more parts for sale to individuals and sit- ing mobile homes. Maximum Density: SERVICES PROVIDED Public water and sewer Public Water or sewer Septic tank and well LOTS per ACRE Gross Net 3 4.5 1 1.5 -- 1.0 Mobile Home Stand: That part of an individual lot which has been reserved for the placement of the mobile home. A. No mobile home stand shall be placed within twenty (20) feet of another; provided, that with respect to stands arranged end -to -end. The distance shall be not less than fifteen feet (15'). B. Construction - Appropriate material, proper- ly graded shall be placed and compacted so as to be durable and adequate for the support of the maximum anticipated loads during all Seasons. • .—J • u 25 -3 -4 25 -3 -5 25 -3 -6 C. Gradient - There shall be zero to five per- cent (0%-5 %) longitudinal gradient and ad- equate crown or cross gradient for surface drainage of the mobile home stand. Yards Abutting Common Areas: The distance from the line or corner of the mobile home stand to a private access drive, or common parking area; a common walk or other common area shall be fifteen feet (15') minimum. A site plan as provided in Section 16 of this Ordinance shall be required, as well as compliance with the Frederick County Division of Land Ordinance. Open Space and Recreation Areas: A. Common areas and recreation areas shall be maintained by and be the sole responsibility of the developer -owner of the mobile home com- munity. If units are to be sold or ever are sold on an individual basis, common areas and recreation areas and open space.shall be con- veyed to a non - profit corporate owner whose members shall be all of the individual owners of the mobile home community dwellings in the development, and membership shall be mandatory. Such organization shall not be dissolved nor shall it dispose of any common space, open space or recreation areas by sale or otherwise, without first offering to dedicate the same to Frederick County. B. In the event that the organization established to own and maintain common open space and re- creation areas, or any successor organization, shall at any time after establishment of the mobile home community fail to maintain the open space and recreation areas in reasonable order and condition in accordance with the Plan, Fred- erick County may serve written notice upon such organization or upon the residents and owners of the mobile home community setting forth the manner in which the organization has failed to maintain the open space and recreation areas in reasonable condition, and said notice shall in- clude a demand that such deficiencies of main- tenance be cured within thirty (30) days thereof. If the deficiencies set forth in the original notice or in the modifications thereof.are not cured within said thirty (30) days or any exten- sion thereof, the County in order to preserve the 210 taxable value of the properties within the mobile home community and to prevent the open space and recreation areas from becoming a public nuisance, may enter upon said space and areas and maintain the same for a period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the open space or recreation areas except when the same is voluntarily dedicated to the County by the residents and owners. Before the expiration of said year, the County shall, upon its initiative or upon the request of the organiza- tion theretofore responsible for the maintenance of the common space, call a public hearing upon notice to such organization, or the residents and owners of the mobile home community, to be held by the governing body, at which hearing such organization or the residents and owners of the mobile home com- munity shall show cause why such maintenance by the County shall not, at the election of the County,con- tinue for al succeeding year. If Frederick County shall determine that such organization is ready and able toImaintain said open space and recreation areas in reasonable condition, the County shall cease to maintain said common space and recrea- tion areas at the end of said year. If Frederick County shall determine such organization is not ready and able to maintain said open space and re- creation areas during the next succeeding year and subject to a simular hearing and determination in each year thereafter. C. The decision of the County in any case shall con- stitute a final administrative decision subject to appeal for judicial review. D. The cost o be assesse the mobile lien on sa of enterin areas for a notice o Clerk upon within the 25 -4. MOBILE HOME PARKS 25 -4 -1. Definition: Any si located three (3) o rent. 25 -4 -2. Maximum Density: T not exceed eight (8 any particular acre units per acre. 25 -4 -3. Minimum Lot Size: 25 -4 -4 A. Area - The space.shal: clusive of B. Width - Thi will be fo: home unit a minimum r additional such maintenance by the County shall ratably against the properties within ome community and shall become a tax properties. The County, at the time upon said open space and recreation e purpose of maintenance, shall file such lien in the office of the County he properties affected by such lien obile home community. , lot, field or tract of land upon which is more trailers or mobile homes for a fee or total density of any mobile home park shall units per gross acre, and the net density on ithin such park shall not exceed ten (10) minimum area for individual mobile home be.four- thousand (4,000), square feet in- the ground underneath such unit. minimum width for each mobile home lot -ty feet.(40') except that.for.any mobile Treater than fifteen feet (15') in width, )f one foot (1') shall be added for every foot of width of the mobile home. Yard Requirements: A 0 25 -4 -5. Minimum distance between mobile homes - No mobile home shalllbe placed within fifteen feet (15') of another; provided, that with respect to mobile homes parked end -to -end, the distance between mo- bile homes parked shall be not less than ten feet (10') Yards abutting common the line or corner of common parking area, mon area shall be ten and carports shall be yard widths. areas - The distance from the mobile home stand to a s common walk or other com- feet (10') minimum. Patios disregarded in determining Home Stand: (That part of an individual lot which has been d for the placement of the mobile home. A. Construction - Appropriate material, properly grad- ed shall be placed and compacted so as to be dur- able and adequate for the support of the maximum anticipated loads during all Seasons. B. Gradient -I There shall be zero to five percent (08 -5% longitudinal gradient and adequate crown or cross gradient for surface drainage of the mo- bile homelstand. 25 -4 -6. Markers for MobilelHome Lots: Every mobile home shall be clearly defined. There shall be posted and maintained in a conspicuous L A • A 211 place-on each lot a number corresponding to the number of each lot. 25 -4 -7. Tenant Storage: Storage facilities may be provided on or con- veniently near each mobile home lot and if not provided, permit- ted for ... (1) the active storage of outdoor equipment, furni- ture and tools and (2) the inactive storage of such material as is used only Seasonally or infrequently by the tenant and cannot be conveniently stored in the mobile home. A. Size - There may be a minimum of one - hundred (100) cubic feet provided for general storage of each mo- bile home lot. B. Design and location of storage facilities - Storage facilities may be provided on the lot or in com- pounds located within a reasonable distance not more than one - hundred feet (100') from each stand locat- ion, not closer to private and public streets than the mobile unit itself. Storage facilities shall be designed in a manner that will enhance the appear- ance of the park.and shall be constructed of suit- able weather - resistance materials appropriate for the use and maintenance contemplated. 25 -4 -8. Private Streets: A. General requirements - The minimum lane or private street on which an individual mobile home lot fronts shall be thirty (30) feet in width. In cases where private streets dead -end a cul -de -sac, the minimum radius shall be forty (40) feet. The minimum mater- ial that will meet these requirements will be a prime and double seal bituminous treatment applied on base of not less than six (6) inches of compacted gravel. All private streets or lanes shall have unobstructed access to a public street or highway. Private street entrances to mobile home parks from any public street shall conform to the current standards of the Vir- ginia Department of Highways. Any public street within the mobile home park shall conform to all De- partment of Highways' standards. B. Pavement widths (for private streets) - Pavements shall be of adequate widths to accommodate the con- templated parking and traffic load in accordance with the type of street, with ten.(10) foot mini- mum moving lanes for collector streets, ten (10) foot moving lanes for minor streets, eight (8) foot minimum lane for parallel guest parking and two (2) additional widths for pedestrial use where an adjacent sidewalk is not provided. The minimum paved radius for cul -de -sac shall be thirty (30) feet. C. Alignment and gradient (for private streets) - Streets shall be adapted to the topography and shall have suitable alignment and gradient for safety of traffic, satisfactory surface and ground water drainage and proper functioning of sanitary and storm sewer systems. D. Intersections (of private streets) - Street in- tersections shall generally be at right angles. Off -sets at intersections and intersections of more than two (2) streets at one (1) point shall be avoided. E. Improvements (of private streets) - The street improvements shall extend continuously from the existing improved street system to provide suit- able access to the mobile home stands and other important facilities on the property, to pro- vide adequate connections to the existing or future streets at the boundaries of the proper- ty and to provide convenient circulation of ve- hicles with origins or destinations on the pro- perty. F. Grading (of private streets) - Grading shall be for the full width of the street to provide suitable finish grades for pavement and any sidewalks with adequate surface drainage and convenient access to the mobile home stands and other important facilities on the property. 25 -4 -9. Parking: Parking spaces shall be provided at the rate of at least two (2) car spaces for each mobile home lot. Required parking spaces may include one (1) car space for each mobile home lot and in addition shall include a sufficient number of car spaces conveniently located in parking bays to bring the total number of parking spaces up to the required two (2) car spaces per mobile home lot. Each such parking space shall be surfaced for its entire area with durable, hard material, suit- able for all- weather use and shall have unobstructed access to a public street or common street highway. At least one (1) parking space shall be no more than two hundred fifty (250) feet from a mobile home. 212 25 -4 -10. Water Su 1 : An adequate supply of potable water approved by t e — Health Department shall be furnished from a public water sup- ply system or from a private water system conforming to all appli- cable laws, regulations, resolutions and ordinances with supply lines located on each mobile home lot. 25 -4 -11. Sewage.. In each mobile home park, all waste or waste water from a faucet, toilet, tub, shower, sink, slopsink, drain, washing machine, garbage disposal unit or laundry shall empty into an approved system installed in accordance with the Virginia Depart- ment of Health. 25 -4 -12. Garbage and Trash Disposal Corresion- resistive metal garbage cans or other noncombustible containers, with tight- fitting covers, shall be provided in quantities adequate to permit dis- posal of all garbage and rubbish. Each mobile home, trailer lot, or travel trailer lot shall have at least one (1) garbage can or a suitable common container. The container shall be kept in san- itary condition as determined by inspection of the Health Direct- or. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary but not less than once a week. A central container shall also be provided for excess garbage and rubbish. 25 -4 -13. Storaqe Tanks: A. Gasoline, liquified petroleum, etc. - Gasoline, liquified petroleum, gas or oil storage tanks shall be so installed as to comply with all County, State and National Fire Prevention Code regulations. B. Heating oil - Where oil heating of a mobile home or trailer is provided, a minimum of fifty (50) gallon fuel storage facility shall be provided in each mo- bile home in an inconspicuous location or manner. In lieu of this, a central storage facility may be constructed to serve the mobile home community. 25 -4 -14. Playgrounds: There shall be provided areas and facilities for re- creational purposes appropriate to the needs of the occupants. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas colm. Dennis T. Cole was absent at the time of this vote. ENVIRONMENTAL COUNCIL REPORT ON CLEAN -UP CAMPAIGN Mrs. Laura Pifer, Chairperson of the Frederick County Environmental Council C Up Campaign, appeared before the Board and presented a report on the recent Clean -Up Campaign in the County. Mr. Koontz thanked Mrs. Pifer for her work and enthusiasm on this project. He o extended a thank you to the Environmental Council for their work in this end MOBI HOME PERMITS - PUF PUFFINBERGER, SENSENY, SITES AND UNGER - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following mobile home permits: 1. Jacob Puffenberger - Gainesboro District - Permit No. 0480 2. Roy Roger Puffinberger - Gainesboro District - Permit No. 0428 3. Harold and Alma Senseny - Gainesboro District - Permit No. 0484 4. Harold R. Sites - Gainesboro District - Permit No. 0431 5. Richard M. Unger - Gainesboro District - Permit No. 0430 The above resolution was passed by the following recorded vote: Aye - S. Roger z, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Will L. ings. Dennis T. Cole was absent at the time of this vote. INANCE Mr. Rosenberger reported the recommendations of the Finance Committee. Reimbursement t IONS: lth Attorney's Office for 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, Vir- inia does herein approve a reimbursement to the Commonwealth's Attorney's Office in he amount of $229.60 for copy paper used on behalf of the County in said office for year 1976. The above resolution was passed by the following recorded vote Aye - S. Roger • • • 213 L� Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas (Malcolm. Dennis T. Cole was absent at the time of this vote. ( Reimbursement Receptionist Fees in Commonwealth's Attorney's Office in the Amount of 240 - Approved Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve a reimbursement to the Commonwealth Attorney's Office in the amount of $240.00 representing the County's share of receptionist's fees in said office at the rate of $30 per.week for April 1, 1976 to June 1, 1976. The above resolution was passed by the following recorded vote: Aye - S. Roger • (Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Dennis T. Cole was absent at the time of this vote. Resolution Requesting State Auditor of Public Accounts to Conduct County Audit - Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Vir- • ginia, that the State Auditor of Public Accounts is hereby requested to conduct the annual audit of the records of Frederick County for the fiscal year ending June 30,19' The above resolution was passed by the following recorded vote: Aye - S. Roger (Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Dennis T. Cole was absent at the time of this vote. Revenue Sharing Fund - Budget Adjustment - Approved Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that the 1976 -77 Revenue Sharing Fund Budget is hereby adjusted to allow $38,400.00 of Revenue Sharing Funds to be used in payment of School Buses rather than School Debt, as originally adopted; and, BE IT FURTHER RESOLVED, That the fiscal year 1976 -77 School Operating Fund and the School Debt and Construction Fund budgets are hereby adjusted as follows: DECREASE Appropriations - School Operating Fund Capital Outlays $38,400.00 INCREASE Appropriations - School Debt and Construction Fund Debt Service $38,400.00 and, BE IT FURTHER,RESOLVED, That local funds committed to School Operations, Con- struction and Debt Service remain the same for the fiscal year 1976 -77. The above resolution was passed by the following recorded vote: Aye - S. Roger • Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Dennis T. Cole was absent at the time of this vote. COLLECTION OF DELINQUENT REAL ESTATE TAXES REFERRED TO FINANCE COMMITTEE FOR FURTHER There was a short discussion regarding the procedure to be followed in the col- lection of delinquent real estate taxes. The Board referred this matter to the Fi- nance Committee to be discussed with the Treasurer and the Commissioner of Revenue an the Commonwealth Attorney to determine the best means to accomplishment this collect- ion, said committee to report their recommendation to the Board at the earliest pos- sible time. RECOMMENDATIONS OF COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT Resolution that Commercial Activities on Rouss Avenue Be Prohibited - ADDroved Mr. Malcolm reported that the Engineering Committee recommends to the Board that Rouss Avenue be restricted from commercial activity. He stated that one vendor is 214 now using the property without permission from the County and should this be allowed to continue, Rouss Avenue could possible become a commercial development of several vending stands. Mr. Koontz and Dr. Fish expressed concern regarding discriminating against the little man in favor of the big time operator. Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein direct that henceforth Rouss Avenue be restricted from commercial use. The above resolution was passed by the following recorded vote: Aye - Will L. Owings, Thomas B. Rosenberger, and R. Thomas Malcolm. Nay - Dr. Raymond L. Fish, and S. Roger Koontz. Abstaining - Dennis T. Cole, stating that he had not heard enough o the discussion to vote on this matter. APPOINTMENTS Dr. Samuel Whitacre Appointed to Lord Fairfax Community College Bo ard Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Dr. Samuel Whitacre to serve as a representative from Fred. erick County on the Lord Fairfax Community College Board for a term of four years, said term to commence on July 1, 1976 and terminate on June 30, 1980. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. Richard Dick Appointed to Frederick County Industrial Development A Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Mr. Richard Dick to the Frederick County Industrial Develo; ment Authority to fill the unexpired term of Mr. Albert W. Loring, said term to ex- pire on November 10, 1976. 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 Dennis T. Cole. Charles Orndoff Reappointed to Frederick County Board o Public Welfare Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein reappoint Mr. Charles Orndoff to the Frederick County Board of Public Welfare for a term of four years, said term to commence on July 1, 1976 and terminate on June 30, 1980. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. R. Thomas Malcolm A Agency >ointed to Sub ncil of Northern Virginia Health Systems Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein appoint R. Thomas Malcolm to serve as a representative on the Subar Council of the Northern Virginia Health Systems Agency. 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 Dennis T. Cole. m 215 ACCEPTANCE OF RESIGNATION OF THOMAS B. ROSENBERGER FROM PLANNING COMMISSION WITHHELD The members of the Board of Supervisors and Mr. Manuel DeHaven urged Mr. Rosen- berger to reconsider his resignation from the Planning Commission if he felt his health would permit him to continue in this capacity. Mr. Rosenberger advised the Board that he would consult with his physician and notify the Board of his decision in the very near future. RESIGNATION OF KEITH WILLIAMS FROM PLANNING COMMISSION ACCEPTED Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisros of the County of Frederick, Vir- • ginia, does herein accept the resignation of Mr. Keith Williams from the Frederick (County Planning Commission due to the fact that he will no longer be a resident of (Frederick County, said resignation to be effective on July 1, 1976. 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, land Dennis T. Cole. ( ACCEPTANCE OF RESIGNATION OF BLAIR WEBBER POSTPONED Mr. Koontz read a letter of resignation of Mr. Blair Webber, Frederick County Director of Inspections:. After a short discussion, the Board decided to postpone ac- ceptance of this resignation until such time as they had had sufficient time to dis- cuss this matter with Mr. Webber. APPOINTMENTS TO BE CONSIDERED FOR ACTION AT NEXT REGULAR MEETING Mr. Koontz presented the following appointments for consideration and action at the next regular meeting of the Board. 1. Planning Commission: (a) A Board member to fill the unexpired term of Thomas B. Rosenberger ending December 31, 1980 (b) A citizen member to fill the unexpired term of Keith Williams which ends April 10, 1978 2. Board of Building Appeals (Mr. S. Herbert Shackleford's term expires June 26, 1976. An appointment to this posi- tion would carry a term ending June 26, 1981) • i ORDINANCES - FIRST AND SECOND'READING - 'ZONING AMENDMENT ELLIS, BARB AND SIMMONS - ACCEPTED INC. The following ordinances were read and noted by the Board of Supervisors on first and second reading: 1. ZONING MAP AMENDMENT PETITION NO. 014 -76 OF BRADY T. ELLIS, SR. AND SHIRLEY C. ELLIS, 2108 HAVILAND DRIVE, RICHMOND, VIRGINIA HEREBY RE- QUEST THAT 9.211 ACRES, MORE OR LESS, LOCATED ON THE NORTH SIDE OF ROUTE 664 APPROXIMATELY THREE - TENTHS (3/10) MILE EAST OF INTERSECTION WITH ROUTE 666, NOW ZONED AGRICULTURAL- GENERAL (A -2) BE REZONED: IN- DUSTRIAL- LIMITED (M -1). THIS PARCEL IS DESIGNATED AS 44 -(A) -173 -3 ON TAX MAP 44 AND IS IN STONEWALL MAGISTERIAL DISTRICT. • i 2. ZONING MAP AMENDMENT PETITION NO. 016 -76 OF OPEQUON ESTATES, INC., ROUTE 7, BOX 81, WINCHESTER, VIRGINIA HEREBY REQUESTS THAT 76.788 ACRES, MORE OR LESS, LOCATED NORTH OF BURNT FACTORY, FRONTING THE EAST SIDE OF ROUTE 664 AND SOUTH SIDE OF ROUTE 660, NOW ZONED AGRI- CULTURAL- GENERAL (A -2) BE REZONED: RESIDENTIAL- LIMITED (R -1) THIS PARCEL IS DESIGNATED AS NO. 2 ON TAX MAP 56(A) AND IS IN STONEWALL MAGISTERIAL DISTRICT. 3. ZONING MAP AMENDMENT PETITION NO. 017 -76 OF IRVIN F. AND JAMES E. BARB, 22 WEST MAIN STREET, BERRYVILLE, VIRGINIA, HEREBY REQUEST THAT 53.173 ACRES, MORE OR LESS, FRONTING THE SOUTH SIDE OF ROUTE 621, APPROXIMATELY FOUR - TENTHS (4/10) MILE WEST OF INTERSECTION WITH ROUTE 628, NOW ZONED AGRICULTURAL - GENERAL (A -2) BE REZONED: RESIDENT- IAL- LIMITED (R -2). THIS PARCEL IS DESIGNATED AS NO. 50A ON TAX MAP 62 AND IS IN BACK CREEK MAGISTERIAL DISTRICT. 4. ZONING MAP AMENDMENT PETITION NO. 009076 OF EDWIN G. AND PHYLLIS S. SIMMONS, 9902 ROGANT ROAD, SILVER SPRINGS, MARYLAND, HEREBY REQUEST THAT 39.11 ACRES, MORE OR LESS, LOCATED ON THE NORTH SIDE OF ROUTE 50 OPPOSITE INTERSECTION WITH ROUTE 803 WEST, NOW ZONED AGRICULTURAL - LIMITED (A -1) BE REZONED: RESIDENTIAL, LIMITED (R -1). THIS PARCEL IS DESIGNATED AS 52- (A) -17 ON TAX MAP 52 AND IS IN GAINESBORO MAGIS- TERIAL DISTRICT. U 216 MONTHLY STAFF REPORT ACCEPTED The monthly staff report was reviewed and accepted by-the Board of Supervisors. REQUEST FOR REFUNDS - CONNER AND WILLINGHAM - APPROVED Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the following refunds: 1. David Conner, Route 1, Box 87, Stephens City, Virginia $8.14 for erroneous payment of 10% late penalty on personal property taxes. 2. John W. Willingham, Route 1, Box 200 -2102, Middletown, Virginia $10.00 for the erroneous purchase of an automobile sticker. 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 Dennis T. Cole. DISCUSSION WITH SHERIFF REFERRED TO LAW ENFORCEMENT COMMITTEE , Mr. Koontz stated that the discussion with the Sheriff had been referred to the Law Enforcement Committee at which time public input would be received. COMPLAINT REGARDING HEAVY BLASTING AT PERRY QUARRY PRESENTED Mr. Rosenberger stated that he had received a complaint that heavy blasting was being conducted at Perry's Quarry. He asked that this matter be investigated. Mr. Koontz requested the Deputy County Engineer to look into this matter and report his findings to Mr. Rosenberger. F OR COUNTY EMPLOYEES TO M Mr. Owings moved to have the annual salary increase for County employees from 6k% to 7% in light of the fact that the School Board and Welfare Board employees would receive a 78 increase. Mr. Malcolm seconded this motion. Following a short discussion, Dr. Fish moved to table the above motion made by Mr. Owings and to refer this proposal to the Finance Committee for study and recom- mendation. This motion was seconded by Dennis T. Cole and passed by the following re corded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. Nay - Will L. Owings. PROBLEM OF BARKING DOG PRESENTED AT PREVIOUS MEETING SOLVED Mr. Koontz reported that he had contacted the owner of the barking dog a citizen had complained about at a previous meeting and that the dog had been moved inside the house and apparently the problem is solved. LAKESIDE WATER AND SEWER COMPANY /WAKEMAN MATTER NEAR SOLUTION Mr. Koontz reported that he had spoken with attorneys in the Lakeside Water and (Sewer Company /Ralph Wakeman matter and it appears a mutually agreeable solution to problem will be forthcoming in the near future. UPON MOTION DULY MADE SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE (BOARD DO NOW ADJOURN FROM 6k$ TO 7% - TO FI - 1m ors The Regular Meeting of the Board of Supervisors of the County of Frederick, Vir- ginia, was held on the 23rd day of June, 1976, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. CIN • C1 L� C 1 217 PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. (Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Chairman called the meeting to order. APPROVAL OF MINUTES Mr. Rosenberger requested that the figure "70,000 square feet" be added to the last sentence in the paragraph entitled "Discussion of Land Use Plan ", in the minutes of the Special Meeting of June 7, 1976, at 7:00 P.M., said sentence to read: Another area for possible future work would be in regard to the minimum lot size for lots of 70,000 square feet on which individual wells and septic tanks would be utilized. 6 Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the minutes of the Special Meeting of this Board held on June 7, 1976 at 4:30 P.M. as submitted; the Special Meeting of this Board held on June 7, 1976, at 7:00 P.M. as amended above; and the Special Meeting of this Board held on June 8, 1976 as submitted. The above resolution was passed by the following recorded vote: S. Roger Koontz Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole all voting Aye. IAMENDMENT TO MINUTES OF MAY 26, 197 Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein amend the minutes of the Regular Meeting of this Board held on May 26, 1976 to set forth that a Notice of Special Meeting to be held on June 8, 1976, was duly served upon all Board Members by a Deputy Sheriff. 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 Malco and Dennis T. Cole. APPROVAL OF BILLS Upon motion made by Dr. Raymond L. Fish and seconded by Will L.Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick Vir- ginia does herein approve the bills in the amount of $71,238.57 incurred during the month of June, 1976, and does order the same paid by Warrants #14703 through #14825. 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 Malc and Dennis T. Cole. SCHOOL BOARD - CANCELLED Mr. Renalds stated that he had received a call from Dr. Wright requesting that be removed from the Agenda for this meeting. The Board concurred. TRIBUTE TO MR. JOHN P. GOOD, JR. The following tribute was paid to Mr. John P. Good, Jr. by the Board of Super- visors: WHEREAS, Mr: John P .=:,Good, -Jr.. a: resident of the County Frederick, Virginia has attained an outstanding academic record while attending Vir- ginia Polytechnic Institute and State University; and, WHEREAS, This State University has honored Mr. Good as an outstanding senior in the 1976 graduating class for completing a four year course of study in three years without attending summer school and for maintaining a a perfect 4.0 average; NOW THEREFORE BE IT RESOLVED, By the Frederick County Board of Super- visors that the academic accomplishments of Mr. John P. Good, Jr, be laud- ed and extolled by this Board and that the Board extends its best wishes 218. for continued success and accomplishment. /s/ S. Roger Koontz S. Roger Koontz Frederick County Board of Supervisors ATTEST: /s/ J. O. Renalds, III J. O. Renalds, III County Administrator Mr. Good thanked the Board for this recognition and the school system and citi- zens of Frederick County for their assistance in helping him obtain this achievement. APPOINTMENTS Board of Building Appeals This appointment was carried over to the next Board Meeting. Juvenile Probation House Commission This appointment was carried over to the next Board Meeting. Frederick County Sanitation Authority This appointment was carried over to the next Board Meeting. Frederick County Planning Commission Resignation of Thomas B. Rosenberger Accepted i Mr. Rosenberger advised the Board that he had considered very carefully the re- quest for his continued service on the Planning Commission and that he had decided to continue in this post. Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein accept the resignation of Mr. Thomas B. Rosenberger from the Fred -1 erick County Planning Commission, said resignation to be effective June 2, 1976. 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 Dennis T. Cole. Mr. George G. Snarr, Jr. Appointed to Represent Shawnee District on Planning Commission Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Mr. George G. Snarr, Jr. to serve as the representative from Shawnee District on the Frederick County Planning Commission to fill the unex- Ipired term of Keith Williams, said term to expire on April 10, 1978. 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) land Dennis T. Cole. CITIZEN'S CONCERN TO BE PLACED NEAR MIDDLE OF AGENDA Mr. Rosenberger stated that many times when the Citizen's Concern item is dis- ( cussed the hour is late and many citizens have departed. He requested that this item be moved forward in the agenda. The Board concurred and requested Mr. Renalds to place this item near the middle of the Agenda in the future. (HIGHWAY DEPARTMENT - REQUEST FOR INVESTIGATION OF LOT SHOCKEYSVILLE CHURCH Dr. Fish requested the Highway Department to investigate an allegation that a Igate had been placed across the right -of -way to the Shockeysville Church parking lot. IMr. Renalds was requested to relay this information to the Highway Department for Iaction. I • • • A I 219 REQUEST FOR INVESTIGATION OF SEPTIC SYSTEM AND ORDINANCE COMPLIANCE PRESENTED BY DR. FISH Dr. Fish stated that a man's house had burned down and in the process of rebuil • • ing he was advised that he would need a new septic field and the type recommended was prohibitive to the funds the man had available. He further added that he had been ad. vised that the present system had been functioning without a problem for seven years prior to this time. He stated that he felt this constituted a hardship and requested that the matter be investigated as to whether or not the Board might permit an ex- ception in this case. Mr. Koontz requested Mr. Ron Berg to investigate this matter and report back to the Board at the next regular meeting. MR. ROSENBERGER REQUESTS THAT QUESTIONS RELATIVE TO THE PROPOSED FOREST HILLS ESTATES MOBILE HOME PARK BE SUBMITTED TO THE PLANNING COMMISSION AS SOON AS POSSIBLE Mr. Rosenberger stated that in accordance with previous Board action, members of the Board were requested to submit any questions they might have relative to the pro- posed Forest Hills Estates Mobile Home Park to the Planning Commission for considera- tion and recommendation. He requested that these questions be forwarded to the Plan- ning Commission as soon as possible so that this matter might not be delayed any long- er than necessary. PUBLIC HEARINGS: ZONING MAP AMENDMENT PETITION NO. 014.76 OF BRADY T. ELLIS, ET UX STONEWALL MAGISTER- IAL DISTRICT FROM A -2 TO M -1 - APPROVED Mr. Lenny Ellis appeared before the Board in support of this rezoning request presented a brief history of the development of the property stating that it had been in a very run down condition and the applicants plan to improve the property consi ably in order to operate a scaffolding business at this location. He presented a drawing of the plans for the property and business operation. The surrounding property owners, the number of employees and the traffic involv in this type operation were discussed briefly. Mr. John Owens, a resident of this area, appeared before the Board in support of • the rezoning application and stated that he knew of no opposition in the community to the same. Mr. Malcolm asked for staff comments and Mr. Berg presented a memorandum from Planning Commission which stated that after considering all the factors, including spot zoning, they would make no recommendation on this application. He advised that the memorandum further suggested that the Board might explore the possibility of a special exception, but that it should not be used until proper procedures are outlin in the Zoning Ordinance. Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve, on third and final reading the following zoning map amend ment petition: ZONING MAP AMENDMENT PETITION NO. 014 -76 OF BRADY T. ELLIS, SR. AND SHIRLEY C. ELLIS, 2108 HAVILAND DRIVE, RICHMOND, VIRGINIA, HEREBY REQUEST THAT 9.211 ACRES MORE OR LESS, LOCATED ON THE NORTH SIDE OF ROUTE 664 APPROXIMATELY THREE TENTHS (3/10) MILE EAST OF.INTERSECTION WITH ROUTE 666, NOW ZONED AG- RICULTURAL- GENERAL (A -2) BE REZONED: INDUSTRIAL- LIMITED (M -1). THIS PARCEL IS DESIGNATEDAS 44 -(A) -173 -3 ON TAX MAP 44 AND IS IN STONEWALL MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, Dennis T. Cole, and Thomas B. Rosenberger. SUBDIVISIONS: 220 H. L. GRUBER SUBDIVISION - PLAT REVISION - 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, Vir- ginia, does herein approve the plat revision of Section II, of the H. L. Gruber Sub- division to enlarge Lots 7, 8, and 9 located at the Intersection of Routes 661 and 66 in the Stonewall Magisterial District as presented. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Abstaining - Dennis T. Cole. REQUEST OF LARRY GOLLIDAY TO APPEAR BEFORE BOARD - DENIED Mr. Berg stated that Larry Golliday had requested placement on the Agenda to ap- pear before the Board for reconsideration of a subdivision plat which had previously been denied. He presented a brief background of the subdivision stating that the Board had denied this subdivision because they felt it was too close to an existing orchard; a family variance had previously been granted and a house constructed and sold and subsequently another house had been started without subdivision approval or building permit. The Board agreed that they would not grant Mr. Golliday's request to appear for reconsideration of this subdivision plat by following recorded vote: Those voting to grant Mr. Golliday's request were: Dennis T. Cole, Thomas B. Rosenberger, and Dr. Raymond L. Fish. Those voting not to grant Mr. Golliday's request were: R. Thomas Malcolm, Will L. Owings, and S. Roger Koontz. SITE PLAN - BLUE RIDGE MOBILE HOME PARK - APPROVED Mr. Jerry Updike appeared before the Board in support of the site plan for the addition of 8 spaces to the Blue Ridge Mobile Home Park. He stated that the park now contains 16 trailers and additional units are placed upon approval of septic systems. He advised that the lot sizes were in excess of those required by the ordinance; the source of water is wells; that there are two mobile homes per septic field of 1200 square feet. He stated that he is developing the park at the rate of 8 to 10 spaces per year. Mr. Malcolm asked Mr. Berg if the site plan and park were in full compliance wi the ordinance and Mr. Berg stated that they were. Mr. Rosenberger stated that he was concerned that two mobile homes were on a 120 square foot drain field. Mr. Updike stated that he had been advised by the Health Department that mobile homes use less water than permanent homes. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the site plan of Blue Ridge Mobile Home Park located off Route 7 East in Stonewall Magisterial District for the addition of eight (8) spaces. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr, Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Nay - Thomas B. Rosenberger. RECOMMENDATION FROM COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT Mr. Malcolm presented the recommendations from the Committee on Engineering and Code Enforcement and the following action was taken: Recommendation That Board Designate County Administrator as Federal Of ficial Re: HUD Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein designate the County Administrator to assume the status of a re- []I 1 L • A 221 sponsible federal official under the National Environmental Policy Act of 1969 insofa as the provisions of said act apply to the HUD responsibilities for environmental re- view, decision making, and action assumed and carried out by Frederick County, said designation is in conjunction with the County's application for a Community Develop- ment Grant from the U. S. Department of Housing and Urban Development. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B.- Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings and Dennis T. Cole. Recommendation That Trailer Permit Fee Be Set at $35.00 - Appro Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia, does herein set the fee of $35.00 for trailer permits to cover the cost of bot building and plumbing inspections for these units. The above resolution was passed by the following recorded vote: Aye - S. Roger • Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Nay - Dennis T. Cole stating that he felt the fee of $35.00 was not appro- priate for units located in existing mobile home parks. Recommendation That Board Rescind Its Previous. Action Re: Guy Oates Mobile Home Per -11 mit - Referred Back t o Engineering Committee For Further Study and Possible Compromi 6 Mr. Malcolm stated that the Committee recommends that the Board rescind its pre- vious action of April 7, 1976 with regard to Mr. Guy Oates for a trailer office on his property on Route 50 West of Winchester inasmuch as'the Board's previous approval conditions can not be met on the site nor can other alternatives be utilized to bring the use in compliance with state statutes and local ordinances. Mr. Guy Oates appeared before the Board and stated that he had located his used car lot on the property on the strength of the Board's action and had invested a con- siderable amount of money in this business. He further advised that now he finds tha the Health Department and the Building Inspector can not agree to sanitary facilities for the property. There followed a lengthy discussion as to whether or not the Board could grant a • E variance which would be in conflict of the Statewide Building Code. Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein refer the recommendation from the Committee on Engineering and Code Enforcement relative to the Guy Oates Mobile Home Permit back to said committee so that representatives from the Health Department, Department of Inspections, Common- wealth's Attorney, and Mr. Oates might meet together for the purpose of working out this problem to everyone's satisfaction and further should a solution be reached the Board would recommend its conditional approval. 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 Dennis T. Cole. The Board recessed for five minutes. 1 Recommendation That Mr. Charles Huntsberry A Be Advised That The Board Has Set A Policy Of No Commercial Activity On Rouss Ave nue nd His Application For Permit Would Be In Vinlatinn of Raul Pnl.inv - Al nYnVGA Mr. Malcolm stated that the Engineering Committee recommends that Mr. Charles Huntsberry, who has applied for a permit to park a vehicle on Rouss Avenue, be inf ed that the Board has set a policy of no commercial activity on Rouss Avenue and that the granting of such a permit would be in violation of the previously established Board policy. Mr. Malcolm advised that the Committee had considered this situation 222 its merits without respect to any other commercial activities. He added that he felt) KaBon's Ice Cream Parlour had been treated unfairly in this matter and that the Com- mittee's decision was based on one fact and that was, does the Board want to have Rouss Avenue commercialized or not. commercialization of Rouss Avenue. Mr. Rosenberger stated that his concern in the previous Board action was also Mr. Malcolm stated that in reviewing the application of Mr. Huntsberry the Com- mittee had considered all three points set forth therein; (a) Application - The Coun does not have a permit system; (b) Justification - The Committee felt the Board had every right to control this property; and (c) Compensation - We do not have a permit system and the County government is not in a position to receive this kind of thing. He further stated that with the above facts in mind, and taking into consideration t previous Board action, the Committee took no action on the permit application. Mr. Cole advised that he did not vote on this matter at the last meeting inasmuc as he did not know all the facts and was emotionally disturbed because of the sudden death of Mr. Asbury Morrison. He further advised that should the matter be voted upo at this meeting he would vote for Mr. Huntsberry. Mr. Cole stated that there was no- thing in the ordinance to prohibit commercial vehicles on Rouss Avenue and that the County does have commercial activity on County property, that being the service stati on the corner of Boscawen and Cameron Street. Mr. Malcolm stated that in considerating this matter, the Committee took into ac count the fact that Rouss Avenue is becoming very congested; that it is a dangerous fire area; and parking is a problem; we do not have any workable permit system; and the people in the office have reported that they are receiving increased requests for use of County property. Mr. Charles Huntsberry appeared before the Board and stated that he had purcha the franchise from the previous owner and had purchased the same city and state licenj:e; that it is not only a commercial vehicle but provides a service desired by many peopl , and that if this spot is taken away from him it will have an adverse effect on his business. Mr. Dave Plank, the previous owner of the vehicle, appeared before the Board and he had parked there only on special occasions such as the Apple Blossom Festival and stated that he had never parked the vehicle on Rouss Avenue on a regular basis; that Winchester Days and sometimes on Saturdays. He explained that his business consisted tly of route work and the business was very profitable for the fifteen years he it. There followed a short discussion concerning the electric meter originally owned by Mr. Plank and purchased by Mr. Huntsberry. Mr Malcolm stated that he was very much opposed to this issue becoming a matter of emotions rather than facts. Mr. Rosenberger stated that he felt the Board should consider the various non- profit organizations in the County such as Ruritan Clubs, Fire Companies, Churches, FHA, 4- H•Clubs, etc. who might wish to use this property. Thereupon Mr. Rosenberger moved that the use of Rouss Avenue be referred back to the Committee on Engineering and Code Enforcement for study, taking into considerati the non - profit County organizations mentioned above; that the Committee also stu Plaza located behind the County Office Buildings relative to parking and meters; t the possible fire hazard be studied carefully; and that the recommendation from Committee on Engineering and Code Enforcement presented by Mr. Malcolm be approv The above motion was seconded by Will L. Owings and passed by the following re- • I L • • • 223 1 • corded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, Dr. Ray- mond L. Fish, and R. Thomas Malcolm. Nay - Dennis T. Cole. Recommendation That Sandblasting and Rep Awarded to Eastern Paint and Sandblast C Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein award the contract for sandblasting and exterior repair of the Frederick County Office Building to the firm of Debbitt D. Robinson T/A Eastern Paint and Sandblast Company and does hereby stipulate that said work not be begun until af- ter July 4, 1976. 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 Dennis T. Cole. Recommendation That Bond On Southview Subdivision Be Reduce To 20% Of Original Amount 1 • Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein reduce the bond on Southview Subdivision, Section II from $11,785 to 20% of that figure or $2,357 which amount should cover the remaining work to be done on that subdivision in accordance with a letter received from the Virginia Depar ment of Highways and Transportation dated June 16, 1976. 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 Dennis T. Cole. Recommendation That Request From Stonebrook Farms Subdivision For Acceptance of Roads Into Secondary System - Carried Forwa • • Mr. Renalds stated that he had talked with Mr. King of the Highway Department re garding the request of Stonebrook Farms Subdivision for the addition of roads into th secondary system and Mr. King had advised that the roads are not ready yet. Upon motion made by R. Thomas Malcolm and seconded by Dennis T.. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick. Vir- ginia, does herein direct that the request of Stonebrook Farms for the addition of roads into the Secondary System be carried forward to the next regular meeting of thi 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 Dennis T. Cole. FINANCE COMMITTEE RECOMMENDATIONS Mr. Rosenberger presented the recommendations of the Finance Committee and the following action was taken: Recommendation Of Procedure For Collection of Delinquent Taxes - Approved Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein set the following procedure for the collection of delinquent taxes: That the Treasurer of Frederick County send a letter to each in- dividual or company which has outstanding delinquent taxes with a notice that she will turn over to the Commonwealth Attorney for payment bills owed the county within five (5) days if they are not paid. Should the taxes not be paid at the end of the five days, the Commonwealth Attorney will forward a letter to the individual or company who have not paid stat- ing that within five (5) days from the date of the letter, he will file suit for the collection of taxes stating the specific date on which the suit will be filed. BE IT FURTHER RESOLVED, That this procedure be followed for all delinquent taxes on the books and that the Commonwealth Attorney and /or any assistant Commonwealth At- it Work to County Administra Building Bel 224 torneys shall receive 5% of the collections for the work that they do in regard to collections insofar as this payment is in accordance with state statutes. The above resolution was passed by the following recorded vote: Aye - Dennis T. Cole, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malco Nay - S. Roger Koontz stating that he had reservations about the method of collection Mr. Cole stated that he was in favor of collecting taxes twice a year inasmuch a it would be easier for the residents and the County would gain six months interest on the revenue. The Board referred this matter to the Finance Committee for study and recommenda tion to the Board. Recommendation That Unexpended Budget Appropriations Be Carried Forward - Approved Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, WHEREAS, unexpended appropriations remain within the 1975 -76 General Operating Budget, and WHEREAS, these funds will be needed during the next fiscal year to complete un- finished projects or fund unanticipated expenditures, NOW THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisors that unexpended appropriations within the 1975 -76 General Operating Fund budget are hereby authorized to be carried forward for use within the 1976 -77 General Operating Fund r a i budget as follows: PROJECT OR USE County- Code.Amendment Compensation Planning Commission Carpet - General District Court Planning & Consultants Fees - Park Furnace - Armel School Census & Surveys - Stephens City Park Ballfields - Impact Funds Improvement to Sites Stephens City Park Sheriff's Department Salaries Sheriff's Department Salaries Liability Insurance - Board & Employees Reserve for Jail Construction Building Renovation AMOUNT CARRIED FORWARD TO 3,200.00 2,000.00 1,000.00 3,500.00 2,000.00 990.10 468.49 25,000.00 1,008.00 551.00 2,000.00 91,505.00 O1 -001A -399 10- 010E -140 14- 014A -215B 18 -18F1 -299 18- 18F2 -215B 18 -18F6 -326 19 -18F3 -601 19 -18F6 -601 06- 006A -106P 06- 006A -106V 18- 018E -211 19- 018E -699 and Sandblasting 35,000.00 19 -014B -603 TOTAL 168,222.59 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 Dennis T. Cole. Recommendation That Salary Increases For County Employees Be Kep at 6�% - Defeated Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein direct that salary increases for County employees not be increased from 6'% to 7% due to current economic conditions and the fact that taking this move would be against the principles of this Board inasmuch as the School Board would have • • • 1 225 • • M_ J U • in fact set the salary increase for County employees, and that the Board further stir ulates that it is their intention to maintain fiscal responsibility even if the Schoc Board and other organizations giving a higher salary increase did not exercise fiscal responsibility. The above resolution was defeated by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish. and Dennis T. Cole. Nay - S. Roger Koontz stat- ing that he did not think fiscal irresponsibility had been exercised as set forth in the motion. Will L. Owings, and R. Thomas Malcolm, stating that the last sentence in the motion did not express his sentiments and he still felt the Board had not exer- cised sound fiscal responsibility in planning the budget and several things were ig- nored. ( COMPENSATION FOR MEMBERS OF FREDERICK COUNTY PLANNING COMMISSION INCREASED TO $30.00 PER MEETING - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein direct that the compensation for members of the Frederick County Planning Commission be increased from $20.00 to $30.00 per meeting. 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 land Dennis T. Cole. Recommendation That In Accordance With of $37,500 Revenue Sharing Funds To Treasurer of Virginia Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors, that the County Ad ministrator and Treasurer of Frederick County are hereby authorized, on July 7, 1976, to draw a check payable to the Treasurer of Virginia in the amount of $37,500, these monies to be expended from Revenue Sharing Funds in accordance with the approved 1976 77 Budget. 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 Dennis T. Cole. Recommendation That Charter Change of Central Shenandoah Criminal Justice Traini BE 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 Vir- ginia, does herein authorize and approve the following change in Section 4 of the Charter of the Central Shenandoah Criminal Justice Training Center: Section 4 Financing and Budgeting - Revised 6/9/76 The Board shall designate a fiscal agent. The Board shall provide for the manner in which and by whom disbursements may be authorized, pro- vided, that it shall ensure that the disbursement authorization system of the Center shall comply with appropriate State and Federal guidelines. The above resolution was passed by the following recorded vote: Aye - S. Roger ! Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings, and Dennis T. Cole. Recommendation That Tax Refunds to Sears and Whitacre Be Approved - Approved Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following real estate tax refunds for erroneous paym 1. George B. and Damaris Whitacre, Whitacre, Virginia - $42.62 2. John D. and Margaret E. Sears, 546 Ridge Road, Winchester, Virginia - $10.58 The above-resolution was passed by the following recorded vote: Aye - S. Roger 226 Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm' and Dennis T. Cole. REQUEST FOR FUNDS - SHENANDOAH AREA AGENCY ON AGING, INC. - REFERRED TO FINANCE CC MITTEE FOR STUDY AND RECOMMENDATION Mr. Michael Tohts, Executive Director of the Shenandoah Area Agency on Aging, appeared before the Board and presented a brief report on the activities and plans of the Agency and the request for funds in the amount of $385.44. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein refer the request for funds from the Shenandoah Area Agency on Aging, Inc. to the Finance Committee for study and recommendation. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, Dr. Raymond L. Fish, R. Thomas Malcolm and Dennis T. Cole. BUDGET ADJUSTMENT TO ACCEPT CETA TITLE VI AND TITLE .II FUNDS - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, WHEREAS, The County has been notified that the Federal CETA program has been ex- tended thru September 30, 1976 and; WHEREAS, it is the desire of this Board to continue participation under this pro - gram; BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the following 1976 -77 budget adjustment is hereby authorized to accept CETA Title VI funds in the amount of $11,084.73 and Title II funds in the amount of $22,457.39. INCREASE REVENUE ESTIMATE 05 -6800 $33,542.12 INCREASE GENERAL FUND APPROPRIATIONS 18 -018I -123 $33,542.12 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 Dennis T. Cole. MR. KOONTZ ADVISES THAT WAKEMAN - LAKESIDE WATER AND SEWER CO. MATTER HAS BEEN SETTLED Mr. Koontz stated that he had been advised that the issue involving Mr. Ralph Wakeman and the Virginia Lakeside Water and Sewer Company had been resolved and the parties have executed a mutual agreement. CANCELLATI /T IIiTTTT I) TT \I MEETINGS OF JULY 28 ATOR AND TREASURER AND AUGUST 11, 1976 AND AUTHORIZATION FOR JULY BILLS AND PAYROLL - APPROVED Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors does herein direct that the Regula (Meetings of this Board, scheduled for July 28, 1976 and August 11, 1976, be cancelled and, BE IT FURTHER RESOLVED,• the Board does herein authorize the County Adminis- trator and the Treasurer to issue checks for the payment of bills incurred during the (month of July, 1976, and the July payroll so - that said bills and payroll might be kep updated; and, BE IT FURTHER RESOLVED, That the County Administrator is hereby requested to ward to each member of the Board of Supervisors a listing of the bills and payroll paid for the month of July, 1976 in accordance with the above mentioned authorization 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 land Dennis T. Cole. 227 Mr. Renalds requested the Board to consider, authorizing the Treasurer and Coun 1 Administrator to pay the bills prior to Board approval so that late charges might be avoided and the bills kept up -to -date. The Board referred this request to the Fi- nance Committee for study and recommendation. OPEN HOUSE TO BE HELD IN NEW BOARD ROOM JULY 3, 1976 Mr. Koontz stated that an Open House would be held in the new Board Room on July 3, 1976 from 1:00 to 3:00 P.M. and he invited all the Board members to attend. CITIZENS RECOGNIZED FOR WORK ON BICENTENNIAL ACTIVITIES Mr. Koontz recognized and thanked the following citizens for their work on the • Bicentennial Activities planned for the upcoming July 4th celebration: Mrs. Rhoda Maddox, Mrs. Bessie Solenberger, Mrs. Roland Snapp, Mrs. James W. Shumar, Mrs. Will Owings, Mrs. Bart Tizio, and Mrs. Samuel N. Whitacre. BOARD EXTENDS GET WELL WISHES TO MRS. ROBERTA JAMES, WELFARE DIRECTOR Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia does herein extend its sincere best wishes to Mrs. Roberta A. James, Director o the Frederick County Department of Public Welfare, for a speedy recovery. 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 Dennis T. Cole. REQUEST FOR FIRE SIGNS FOR NORTH MOUNTAIN FIRE DEPARTMENT TO BE FORWARDED TO HIGHWAY DEPARTMENT Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • • 1 ginia does herein direct that the request of the North Mountain Volunteer Fire ment to have erected a fire station sign where their trucks enter Route 753 be for- warded to the Highway Department for study and recommendation. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, Dr. Raymond L. Fish, R. Thomas Malcolm! and Dennis T. Cole. Mr. Rosenberger requested the County Administrator to convey his thanks to the Highway Department for their assistance in the drainage problem in Plainfield Heights) Subdivision. MR. JAMES BUTCHER ADDRESSES BOARD RE: MR. SOFTEE Mr. James Butcher appeared and addressed the Board regarding the restriction of commercial activity on Rouss Avenue as it pertains to Mr. Softee, the ice cream vendo He stated that he felt the situation had been created by a citizen who had enough po- litical clout to have this accomplished with a result that the ice cream vendor might be put out of business. The majority of the Board expressed their.resentment of the insinuation of coer- cion in reaching this decision and stated that they had no intention of putting any- one out of business. ANNOUNCEMENT OF HUD GRANT APPROVAL Mr. Renalds stated that he had received a call from Congressman Robinson's offi informing him that the County's HUD'Qrant had been approved. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. 228 Chairman d. Su e visors A Regular Meeting of the Frederick County Board of Supervisors was held on July 14, 1976 in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Vir- ginia. PRESENT: Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. ABSENT: S. Roger Koontz, Chairman. The Vice - Chairman called the meeting to order. Reverend Warren Reeves delivered the invocation. APPROVAL OF MINL Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the minutes of the Regular Meeting of this Board held on June 23, 1976, as submitted. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. The above resolution was passed by the following recorded vote: Aye - Thomas B APPROVAL OF BILLS Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the bills for the month of June, 1976, including the Fund Agenda, Jail Expenditures, Part -time Payroll and Revenue Sharing in the amount $129,134.73 and does order the same paid by Warrants #14952 through #15217. The above resolution was passed by the following recorded vote: Aye - Thomas B. senberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. LVAW01Z Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 3inia does herein approve the payroll for the month of June, 1976, in the amount of $75,348.81 and does order the same paid by Warrants #14826 through #14950. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Co DEPARTMENT - SHENAND ARE ;Y ON AGING REQUEST FOR FUT 'ABLED TO NEXT Dr. William Hatfield appeared before the Board representing the Winchester -Fred- ick County Health Department and urged the Board to honor the request of the Shena ah Area Agency on Aging. He then introduced Mr. Michael Toht, the Executive Direc f the Shenandoah Area Agency who appeared in support of the request for funds. Mr. Rosenberger stated that the Finance Committee had recommended denial of this st because they felt the number of people served in Frederick County would be so ninor and the program could grow into something quite large. Dr. Fish stated that he felt it would result in a lot of red tape and paper shu fling and amount to little help for the people who need it. There followed a discussion regarding the program with several Board members ex- pressing approval of the request. Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, • • • 1 is 22.9 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein table the request for funding from the Shenandoah Area Agency on Aging until the next regular meeting of the Board so that the representatives from Frederick County serving on said Agency on Aging might appear to address the Board garding the request and the program of the The above resolution was passed by the following recorded vote: Aye - Thomas B. (Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings, and Dennis T (HIGHWAY DEPARTMENT st for Addition of Roads in Stonebrook Farms Subdivision to Road Svst Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein request the Virginia Department of Highways and Transportation to accept into the Secondary Road System the following roads in Stonebrook Farms Subdivi sion, Sections I, II, III, and IV, in Back Creek Magisterial District, pursuant to th provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended: 1. Stonebrook Road - Length 0.07 miles - From Greenfield Road to Peach Tree Lane • 2. Greenfield Road - Length 0.27 miles - From Forest Ridge Road to Beverly Drive 3. Forest Ridge Road - Length 0.25 miles - From Greenfield Road to .25 miles south BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Vir- ginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage recorded in Deed Book 207, Page 276, dated April 19, 1973; Deed Book 430, Page 777, dated June 14, 1974; and Deed Book 448, Page 502 dated August 26, 1975; 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 - Thomas B. • Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T Request For Addition of Roads in Albin Acres Subdivis Road Svstem - Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia, does herein request the Virginia Department of Highways and Transportation to accept into the Secondary Road System the following road in Albin Acres Subdivision i Gainesboro Magisterial District pursuant to the provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended: 1. Thwaite Avenue - Length .20 miles - From Route 679 to .20 miles south BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Vir- ginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage recorded in Deed Book 421, Page 53 and dated November 13, 1973. 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 - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. For Addition of Roads in P Owens Estates S division Into Secondary Road Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 2.30 ginia does herein request the Virginia Department of Highways and Transportation to accept into the Secondary Road System the following roads in Plymn Owens Estates Sub- division in Opequon Magisterial District pursuant to the provisions of Section 33.1 -22 of the Code of Virginia, 1950, as amended: 1. Kern Circle - Length .12 miles - From Downing Drive to .14 miles southeast 2. Downing Drive - Length ,21 miles - From Harmon Street to .19 miles south BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Vir- fills and drainage; recorded in Deed Book 205, Page 500, and dated March 14, 1973. BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways. ginia an unrestricted right -or -way of sixty (60) feet with necessary easements for cut'ls, Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Frederick County Secondary Roads Budget for 1976 -1977 - App roved • The above resolution was passed by the following recorded vote: Aye - Thomas B. Mr. John Childs, Resident Engineer of the Virginia Department of Highways, app ed before the Board and presented and briefly reviewed the proposed Secondary Roads Budget for Frederick County for 1976 -1977. Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Superviosrs of the County of Frederick, Vir- ginia does herein approve and accept the Frederick County Secondary Roads Budget for 1976 -1977 as presented by the Virginia Department of Highways and Transportation, a copy of said budget to be kept on file in the office of the County Administrator. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T REQUEST OF SCHOOL BOARD TO SELL ROUND HILL SCHOOL - TABLED Dr. Melton Wright, Superintendent of Schools, appeared before the Board and re- quested permission to sell the Round Hill Elementary School inasmuch as the building was no longer used by the school system and is being severely vandalized. Dr. Fish stated that he felt this might be a surprise to many people who might interested in the sale of the school and the public should be notified of this reque He further stated that perhaps the building could be used by the County for additiona space. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein table the request of the Frederick County School Board to sell Roun Hill School until the next regular meeting of the Board in order that the public might be given notice of this request and the Finance Committee might study possible County Juse of said building. The above resolution was passed by the following recorded vote: Aye - Thomas B. (Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. The Board recessed for ten minutes. I PUBLIC HEARINGS ( REZONING REQUEST OF OPEQUO DISTRICT FROM A -2 TO R - - ESTATES TO REZONE 76.788 ACR IN STONEWALL MAGISTERIAL • • Mr. Berg presented the rezoning request of Opequon Estates and stated that the (Board should clearly state, should this request be approved, that the lot size pro- (posed in this subdivision are two acres in size, there is sizable road frontage, and ]the location is compatible to this development. 231 Mr. Jim Wilkins, Sr. appeared before the Board in support of his request for re -; zoning. Dr. William Houck appeared before the Board in opposition to this rezoning reque �J as well as the other rezoning requests set forth in the Board agenda. He stated that he felt the Board should delay action of these requests until a master plan is developed for the County to see if these developments fit into that plan. He further stated that the County has enough land rezoned at this time to double the population. Mr. Malcolm stated that he felt Dr. Houck's remarks were well taken but he did not feel the Board could single out one rezoning request and delay it indefinitely ifl the applicant had met all the necessary requirements. Mr. Berg stated that this application had followed the proper process and had all requirements. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 1 • ginia, does herein approve the following rezoning request on third and final reading: ZONING MAP AMENDMENT PETITION NO. 016 -76 OF OPEQUON ESTATES, INC., ROUTE 7, BOX 81, WINCHESTER, VIRGINIA HEREBY REQUESTS THAT 76.788 ACRES, MORE OR LESS, LOCATED NORTH OF BURNT FACTORY, FRONTING THE EAST SIDE OF ROUTE 664 AND SOUTH SIDE OF ROUTE 660, NOW ZONED AGRICULTURAL - GENERAL (A -2) BE REZONED RESIDENTIAL- LIMITED (R -1). THIS PARCEL IS DESIGNATED AS NO. 2 ON TAX MAP 56 (A) AND IS IN STONEWALL MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Abstaining Dennis T. Cole. REZONING REQUEST OF IRVIN F. AND JAMES E. BARB TO REZONE 53.173 ACRES FROM A -2 TO R -2 IN BACK CREEK DISTRICT - APPROVED Mr. Berg presented the rezoning request of Irvin F. and James E. Barb and stated that the Planning Commission recommended approval of this rezoning request. Dr. Houck appeared in opposition to this request and reiterated his remarks de- livered on the request of Opequon Estates. Slope of the property was discussed briefly and Mr. Cole stated that the slope o • i said property was not that great. He added that he understood there was a deed cov ant restricting the development of this property to 15 homes. Mr., Berg stated that this is correct. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve on third and final reading the following rezoning request: ZONING MAP AMENDMENT PETITION NO. 017 -76 OF IRVIN F. AND JAMES E. BARB, 22 WEST MAIN STREET, BERRYVILLE, VIRGINIA, HEREBY REQUEST THAT 53.173 ACRES, MORE OR LESS, FRONTING THE SOUTH SIDE OF ROUTE 621, APPROXIMATELY FOUR - TENTHS (4/10) MILE WEST OF INTERSECTION WITH ROUTE 628, NOW ZONED AGRICUL- TURAL- GENERAL (A -2) BE REZONED RESIDENTIAL- LIMITED (R -2). THIS PARCEL IS DESIGNATED AS NO. 50A ON TAX MAP 62 AND IS IN BACK CREEK MAGISTERIAL DISTRICT. • The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Code. REZONING REQUEST OF EDWIN G. & PHYLLIS S. SIMMONS TO REZONE 39.11 ACRES IN GAINESBORO MAGISTERIAL DISTRICT FROM A -1 TO R -1 - TABLED Mr. Rosenberger stated that Mr. Leon Zeiger, the proposed developer of the pro- perty, had requested that this rezoning request be tabled to a later date inasmuch as he was ill and could not attend the meeting. Mr. Zeiger's attorney, Mr. Ben Butler, stated that the applicant would pay the fee to have this request readvertised for he ing at a later date. The Board agreed to the request of Mr. Zeiger. SUBDIVISIONS DAV -MAR VILLAGE - SECTION II - BACK CREEK DISTRICT - APPROVED Mr. Berg presented the plat of Dav -Mar Village - Section II and stated that all 232 approvals had been received and a recreational impact fee is recommended on all of 14 lots. There was no opposition. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the plat of Dav -Mar Village - Section II containing 14 lot located in Back Creek Magisterial District on Route 621 subject to the payment of a recreational impact fee of $111.00 for each of said 14 lots. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cc CONDITIONAL USE PERMITS Theodore H. Sisk, CUP Approved >lication No. 67 Shawnee Magisterial District For Mr. Berg presented the application for conditional use permit of Theodore H. Sis: and stated that the Planning Commission recommends conditioned approval. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve Conditional Use Permit Application No. 67 of Theodore H. Sisk to use existing garage (26' x 50') as an antique shop with additions to include a 20' x 50' section now and a 20' x 24' addition in the future, located on the north side of Route 50 East in Shawnee Magisterial District with the following conditions as recommended by the Planning Commission: 1. Permit to expire upon sale of the property 2. Permit to expire upon termination of proposed use 3. Commercial entrance to be constructed to meet the standards of the Virginia Department of Highways and Transportation upon sufficient increased activity and /or improvement of the proposal that would make such a commercial entrance necessary. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Co SITE PLANS ALVIN AND FRANK TAVENNER ( TAVENNER TRAILER COURT) SITE 1 9 CDArpR - DPPPnXTPFT1 AN APPLICATION NO. 31 TO ADD Mr. Alvin Tavenner appeared before the Board in support of his site plan applica tion and presented a drawing of the existing mobile home park and the proposed twelve spaces. He advised that if this site plan was approved the mobile home park would be completed. Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve Site Plan Application Number 31.of Alvin and Frank Tavenne (Tavenner Trailer Court) to add twelve (12) spaces to existing seventy (70) spaces, making a total of eighty -two (82) spaces in said mobile home park located on Route 67 in Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cc APPLICATION FOR OUTDOOR FESTIVAL PERMIT - SAMUEL G. KEPHART - APPROVED Mr. Samuel G. Kephart appeared before the Board in support of his application fo outdoor festival permit and stated that the previous festival had been successful and he had experienced no problems. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- Le. • • • 1 233 ginia does herein approve Application For Outdoor Festival Permit Number 0003 of Samuel G. Kephart, said permit to be a one time permit and said festival to be held October 8, 9, and 10,1976; and, BE IT FURTHER RESOLVED, That this permit is issued with the stipulation that t applicant shall comply with the provisions and conditions set forth in the Outdoor Festival Ordinance of Frederick.County and the application submitted in conjunction therewith. The above resolution was passed by.the following recorded vote: Aye - Thomas B Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T REIMBURSEMENT TO REVOLVING DRUG FUND - SHERIFF'S DEPARTMENT - APPROVED Sheriff Mauck appeared before the Board and presented a report on the criminal investigation account previously established by the Board. Sheriff Mauck stated tha because of this funding many arrests have been made and thousands of dollars of nar- cotics and stolen property had been recovered. He advised that the program had been most successful and requested reimbursement in the amount of $331.00 to this account to replenish it to the original amount of $500.00. Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the request of the Frederick County Sheriff's Department for a reimbursement in the amount of $331.00 to the revolving drug fund (criminal in' vestigation account) approved by this Board on February 11, 1976, said amount having) been spent on the investigation, procurement and prosecution of drug and larceny cases. The above resolution was passed by the following recorded vote: Aye - Thomas B Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. CdRe. DOG WARDEN - REPORT AND CLAIM, BRIM - APPROVED The Board reviewed and accepted the reports of the Frederick County Dog Warden and Assistant Dog Warden. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the claim for livestock kill of Nolan D. Brim for one 1 in the amount of $10.00. The above resolution was passed by the following recorded vote: Aye;- Thomas B Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. ORDINANCES - FIRST AND SECOND READING The following ordinances were reviewed and accepted by the Board on first and second reading: 1. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 10 -1 -23 TO READ: 10 -1 -23 Furniture Stores (with storage under cover) 2. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO DELETE SECTIONS: 2 -7 Special Provisions for Mobile Home Subdivisions 2 -8 Frontage Regulation 2 -9 Special Provisions for Mobile Home Subdivision Corner Lots 3 -7 Special Provisions for Mobile Home Subdivisions 3 -8 Frontage Regulation 3 -9 Special Provisions for Corner Lots 3. AN ORDINANCE TO REPEAL THE ORDINANCE ADOPTED DECEMBER 26, 1973, TO REGULATE THE LOCATION, CONSTRUCTION AND OPERATION OF TRAILER CAMPS IN FREDERICK COUNTY. 4. AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE COUN' OF FREDERICK, VIRGINIA, ENTITLED "THE CODE OF THE COUNTY OF FREDERICK, VIRGINIA OF 1976 ", PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT. 2.34 JOINT PUBLIC MEETING ON PLAN TO BE SET AT NEXT REGULAR MEETING The Board agreed to set the date for a Joint Public Meeting with the Frederick County Planning Commission on the proposed Land Use Plan at the next regular meeting of the Board. ITIZENS CONCERN Mrs. Betty Moler Named Acting Welfare Director During Mrs. James' Absence Mr. Malcolm stated that Mrs. Betty Moler has been named the Acting Welfare or during the absence of Mrs. Roberta James due to illness. Request that Green Acres Be Included in Shoulder Renovation Mr. Malcolm stated that he had received a letter in response to a request pre- viously presented relative to an erosion problem on Route 807. Mr. Malcolm stated that the letter implied that there would be a County -wide shoulder renovation and he requested that Green Acres be included in this renovation. EROSION PROBLEM REPORTED Dr. Fish stated that there was an erosion problem in Stonewall District which ie causing a problem in Gainesboro District. Mr. Cole agreed to go with Dr. Fish to vestigate this situation. HEALTH DEPARTMENT COMPLAINT REPORTED Dr. Fish stated that he had received a complaint from a citizen concerning a septic system. He advised that the septic system had been installed in the prescribe manner five years ago and has not been used. He stated that the property owner now wants to sell the property and the Health Department will not let him hook onto the system. Mr. Berg stated that he was aware of this problem and would check into the sit- uation further. TAXPAYERS ASSOCIATION REQUEST RE: VAN DYKE MOBILE HOME PARK Mr. Don Richardson, representing the Frederick County Taxpayers Association, a peared before the Board and stated that the Taxpayers Association would approve and urge the expenditure of funds for legal expenses in order to block the Adams -Van Dy proposed mobile home park development. He further stated that the Association felt the Board should check into the existing mobile homes that are not in compliance wi the ordinance, and that any new mobile home should comply. Mr. Rosenberger requested Dr. Fish to check into a mobile home on the road be- tween Green Spring and White Hall which he felt was not in compliance with the ances. APPOINTMENTS: Board of Building Appeals • 0 • • The Board carried the appointment to the Board of Building Appeals forward to next meeting. Juvenile Probation House Commission - Carried Forward The appointment to the Juvenile Probation House Commission was carried forward to the next regular meeting of the Board. Frederick County Sanitation Authority - Allen B. Jobe Appointed , Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Allen B. Jobe to serve as representative from Stonewall Magisterial District on the Frederick County Planning Commission to fill the unexpired 2.35 term of the late Asbury Morrison, said term to expire on April 15, 1980. The above resolution was passed by the following recorded vote: Aye - Thomas B.I Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T Planninq Commission (Board Member) Carried Forward Mr. Berg stated that the Planning Commission has requested the appointment of a member of the Board of Supervisors to serve on a study committee to study several pects of planning in Frederick County. Mr. Malcolm asked if the Board member to be appointed as liaison to the Commission could also serve as the member on the above mentioned study committee and Mr. Berg stated that this would be acceptable. This appointment was carried forward until the next regular meeting of the FINANCE COMMITTEE RECOMMENDATIONS Per Diem Rate at Jail Set at $4.00 Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, By the Frederick County Board of Supervisors that the charge to 11 Towns housing prisoners at the Winchester - Frederick County Jail shall be four dollar ($4.00) per day. The above resolution was passed by the following recorded vote: Aye - Thomas B Rosenberger, Dr. Raymond L. Fish, Will L. Owings, Dennis T. Cole, and R. Thomas Ma FOR APPROPRIATION TRANSFERS - DIVISION OF COURT SERVICES - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors, that the fol n U I appropriation transfers with the 1976 -77 General Operating Fund Budget are hereby authorized: . Transfer From Classification 05- 005G -226B Diagnostic and $ 9,100.00 05- 005C -218B Evaluation Personnel $ 2,500.00 05- 005G -226C Instruction - YOP Therapists 2,185.00 O5- OO5G -226D Instruction - YOP 2,700.00 05 -005G -295 Counselors 5,265.00 05- 005G -226G Instruction - Parent 900.00 19 -005G -403 Therapists - 4,050.00 TOTAL $14,000.00 Transfer To: 05- 005G -109G Classification Officer $ 9,100.00 05- 005C -218B Postage 1,000.00 05- 005G -226F Instruction and Classroom - Level II 2,700.00 05 -005G -295 Employers Contr. Fringe Benefits 900.00 19 -005G -403 Furniture and Fixtures 300.00 TOTAL $14,000.00 The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T Overtime Pay Policy for County Employees Established Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, By the Frederick County Board of Supervisors that fulltime emp ees under the direction of the County Administrator and the office of the Treasurer, Commissioner of Revenue, Commonwealth Attorney, and Sheriff be eligible for overtime payment of one and one -half (1,1/2) the employee's normal hourly rate for work beyon a forty (40) hour working week. Only time actually worked is considered in determin ing whether an employee exceeded forty (40) hours. The work week shall begin each Sunday at 12:01 A.M. and end the following Saturday at midnight; and, 236 BE IT FURTHER RESOLVED, That sworn -in law enforcement personnel be eligible for overtime payment of one and one -half (1 1/2) the employee's normal hourly rate for work beyond a 232 hour work period consisting of twenty -eight (28) consecutive days, such work periods to be established at the beginning of each calendar year; and, BE IT FURTHER RESOLVED, That any employee performing executive, administrative, or professional work, and having a basic annual salary of $8,900 or more, be exempt from these overtime provisions, and any part -time of summer employees employed in Department of Parks and Recreation be exempt from overtime provisions. The above resolution was passed by the following recorded vote: Aye - Thomas B Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings, and Dennis T Resolution ick County Be Designated A Redevelopment Area Under the Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, WHEREAS, The.County of Frederick, Virginia, has been notified by the United Status Department of Commerce, Economic Development Administration that the Frederick County area statistically qualifies for designation as a redevelopment area under the Publ Works and Economic Development Act of 1965; and, WHEREAS, In order to receive benefits under this Act the County of Frederick must request of the Department of Commerce that Frederick County be designated for consideration under this Act; NOW, THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisors tha the Economic Development Administration of the United States Department of Commerce be hereby requested to designate Frederick County as a redevelopment area under the Public Works and Economic Development Act of 1965 and does further request that addi tional information be forwarded to the County by the Economic Development Administra tion with regard to proposed agreements under the Economic Development Act of 1965. The above resolution was passed by the following recorded vote: Aye - Thomas B Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Procedure Established For Payment of Bills, Payroll & Purchase Orders Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the County Administrator and Treasurer of Frederick County are hereby authorized to negotiate checks in payment of County bills and payrolls; and, BE IT FURTHER RESOLVED, That the bills and payrolls shall be paid on a regular basis as determined by the County Administrator and shall be in accordance with ap- proved appropriations; and, BE IT FURTHER RESOLVED, That should any purchase in excess of $15.00 be made by any county department without first obtaining a purchase order, said bill shall be presented to the Board of Supervisors for approval or disapproval. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Co Washington Ear, Inc. - Request for Funds - Carried Forward Mr. Renalds presented a request from Mr. E. William Duncan on behalf of The Washington Ear, Inc. for funds in the amount of $1000 to provide closed circuit radio broadcasting to the blind and physically handicapped in the area. There followed a short discussion on the service provided by the program and the number of people it would serve. The Board decided to carry this request forward to the next meeting so that Mr. Duncan might appear before the Board to explain the program in more detail. ization Given To Clerk Of The Circuit Court To Have Books Bound Insofar As Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, e . u C11 •! • 237 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia, does herein authorize the Clerk of the Circuit Court to have bound the neces- sary books in his office insofar as the funds appropriated for this purpose shall allow. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. BOARD WITHDRAWS INTO EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by Will L. Owings and passed unanimously, the Board withdrew into executive session to discuss personnel and salar- ies of Sheriff's Department employees and the appointment of a Building Inspector. BOARD RECONVENES INTO REGULAR SESSIO Upon motion made by Dr. Raymond L. Fish, seconded by Dennis T. Cole, and passed unanimously the Board withdrew from executive session. Upon motion made by R. Thomas Malcolm, seconded by Will L. Owings and passed unanimously, the Board reconvened into Regular Session. Mr. Rosenberger stated that the Board had discussed salary increases and had a- • greed to adopt a system for people who have been employed less than a year, whereby said employee would be given a pro -rated increase in accordance with the number of months he has been employed. He stated that this policy would apply to all County employees. APPOINTMENT - WILLIAM E. RODGERS - DIRECTOR OF INSPECTIONS - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the appointment made by the County Administrator of Mr. William E. Rodgers to the position of Director of Inspections for Frederick County at an annual salary of $13,514, said salary to be effective July 1, 1976. The above resolution was passed by the following recorded vote: Aye - Thomas B. LJ Rosenberger, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Nay - Dr. Ra L. Fish. MONTHLY STAFF REPORT ACCEPTED After review, the monthly staff report was accepted by the Board. NOTICE OF LOCAL GOVERNMENT OFFICIALS CONFERENCE Mr. Renalds advised the Board that the Committee on Local Government, Virginia n LJ Advisory Legislative Council would meet on July 19, 1976 in Richmond to discuss the proposed legislation regarding the election or appointment of school boards. UEST OF JUVENILE AND DOMESTIC RELATIONS COURT F OR L OCAL SHARE TO PURCHASE EQUIPMENT - APPROVED Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does J herein approve the request of the Juvenile and Domestic Relations Court for funds in the amount of $53.75 representing the local share for the purchase of court room se- curity equipment in the total amount of $1,075.00, said local funds representing 5% of the total cost of said equipment. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T CETA TITLE III PROGRAM - APPROVED Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, 238 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve and accept funding in the amount of $843.00 through the CETA Title III Program to conduct a Summer Youth Recreation Program; and, BE IT FURTHER RESOLVED, That the 1976 -77 Budget be adjusted as follows: Increase General Revenue Fund Estimates 05 -6870 Other Federal Aid $ 843.00 Increase General Operating Fund Appropriations 18 -18F3 -130 Compensation of Supervisors $ 340.00 18- 18F3 -399A Miscellaneous Supplies $ 503.00 $ 843.00 The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Bd. of Supervisors 0 A Special Meeting of the Frederick County Board of Supervisors was held on August 18, 1976 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 Dennis T. Cole. WAIVER OF NOTICE OF SPECIAL MEETI The following waiver of notice of special meeting was presented for introduct into the minutes. We, the undersigned Members of the Board of Supervisors of Frederick County, Vi ginia, the Commonwealth Attorney and Clerk of the Board do hereby waive Notice of Special Meeting to be held on Wednesday, August 18, 1976 at 7:00 P.M. in the Frederi County Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia for the following purpose: 1. Discussion of Priorities under the Public Works Employment Act of 1976. 2. Such other business as may come before the Board. /s/ S. Roger Koontz S. Roger Koontz Chairman ATTEST: /s/ J. O. Renalds, III J. O. Renalds, III Clerk of the Board of Supervisors /s/ Thomas B. Rosenberger Thomas B. Rosenberger Vice Chairman Back Creek District /s/ Raymond L. Fish Raymond L. Fish Gainesboro District /s/ Will L. Owings Will L. Owings Opequon District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth's Attorney []I • • C-11 2:39 r� LJ r 1 U The Chairman.called the meeting to order. PRIORITIES ESTABLISHED - ECONOMIC DEVELOPMENT ADMINISTRATION ACT OF 1976 The Chairman stated that the purpose of this meeting was to establish a list of priorities to qualify for grant funds under the Economic Development Act of 1976, said act being established to aid the unemployment and economic situation in various areasJl Mr. Renalds explained briefly the Act of 1965 and the Act of 1976 and stated that the funds are primarily for construction projects. He stated that this act may have precipitated elected officials and citizens to create a capital facilities plan. He suggested that the Board request the Planning Commission to immediately begin work on a capital facilities plan for Frederick County. The Board agreed with this suggestion. Mr. William Pike, Director of Parks and Recreation, appeared before the Board and presented recreational projects for consideration consisting of a swimming pool and tennis complex at the Stephens City Park, a plan to improve, upgrade and create new facilities at Clearbrook Park; and the construction, in either Back Creek or Gaines- boro District, of a district type park consisting of 20 to 30 acres. The total cost of the projects was $1,277,952. Mr. Merdie Bowers and Mr. Don Welch spoke in support of the recreational projec i stating they are badly needed in the County. Mr. Wellington Jones, Engineer- Director of the Frederick County Sanitation Autho- • J � ity, appeared before the Board and presented the following water and sewer projects for consideration: (1) The extension of water along Rt. 11 North to the Clearbrook Area to serve the Stephenson area and Clearbrook industrial area; (2) The extension o water service to the Burning Knolls and Greenwood Heights areas; (3) The expension of the Abrams Creek plant from 1/2 to 1 million gallons per day capacity; (4) The ex- tension of sewer service to the Route 50 East area by gravity line running down Route 50 from Town and Country; (5) To construct the northern loop :water line to tie the industrial park into the water line presently under construction to the east of I -81 and to extend sewer service into the Battle Avenue area. Mr. Jones stated that the total costs of these projects would be $2.78 million dollars. Dr. Melton Wright, Superintendent of Schools, appeared before the Board and stat ed that the School Board felt they could meet the dead lines should funding be made available for a new high school. Mr. Rosenberger stated that he felt one of the most important areas for conside ation were court and jail facilities. The Board discussed the suggested projects at length and the following prioritie • were set: (1) Schools (2) Court and Jail Facilities (3) Water and Sewer Facilities and (4) Parks and Recreation Projects. A discussion then ensued regarding the conversion of James Wood High School into a County Complex as proposed by Dr. Fish with Mr. Rosenberger stating he was 1008 against such a proposal. Mr. Koontz stated that he cjould favor such a proposal. The construction of a new 4 year high school as opposed to a school on two campuses was also discussed. A committee composed of Mr. Owings, Mr. Rosenberger, Mr. J. 0. Renalds, III, Mr. James E. Boyd and 2 Members from the School Board was appointed to study the proposal of converting James Wood into a county complex and construction of a 4 year high school. The committee was directed to study various alternatives and report back to the Board with facts and figures on each alternative studied. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE 240 BOARD OF SUPERVISORS DO NOW ADJOURN. ec sors A Regular Meeting of the Frederick County Board of Supervisors was held on Wed- nesday, August 25, 1976, 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 Dennis T. Cole. The Chairman called the meeting to order. APPROVAL OF MINUTES Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisros of the County of Frederick, Vir- ginia does herein approve the minutes of the Regular Meeting of this Board held on July 14, 1976, as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcoln and Dennis T. Cole. HIGHWAY DEPARTMENT No report. HEALTH DEPARTMENT No report. Mr.. Malcolm asked if Dr. Fish had received any information regarding the septic system problem on the Brown property and Dr. Fish replied that he had received cor- respondence on this matter and it appears the Health Departmemt will not approve the system. Mr. Rosenberger asked if Dr. Fish had checked into the trailer he felt was lo- cated illegally on the road between Green Spring and White Hall. Dr. Fish stated he had not but would try to do so before the next meeting. WARDEN - REPORTS ACCEPTED Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the reports of the Dog Warden and Assistant Dog Warden be accepted for the month of July, 1976 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcoli and Dennis T. Cole. TREASURER'S REPORT ON COLLECTION OF DELINQUENT T AXES Mrs. Dorothy Keckley, Frederick County Treasurer appeared before the Board and reported that per instructions of the Board, letters had been sent out on each de- linquent tax bill for the years 1973, 1974, and 1975. She stated that she felt the response had been very good with a total of $41,967.76 having been collected to date and several partial payments have been received. Mrs. Keckley stated that the Board would be asked in the near future to pass an ordinance relieving the collection of very small delinquent tax bills which are not feasible to process for collection. The board agreed to leave the collection of the small delinquent tax bills at the discretion of the Commonwealth Attorney at this time. The Board further requested M I� • L2 • 241 n u the Commonwealth Attorney to proceed as soon as possible with those delinquent tax bills referred to him by the Treasurer, said bills being those who did not respond the first letter for collection. Board of Building Appeals Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Mr. Blaine Wilson to the Frederick County Board of Bu Appeals for a term of five years, said term to run from June 26, 1976 to June 26, 19 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, Dr. Raymond L. Fish, R. Thomas and Dennis T. Cole. Braddock House Commission Upon motion made by Dennis T.. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- r L ginia does herein appoint R. Thomas Malcolm to serve as a representative from ick County on.the_Braddock:House.Commission through the date of December 31, 1976. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. L. Fish,. Will L. Owings, R. Thomas Mal and Dennis T. Cole. Planning Commission Mr. Koontz stated that Mr. Rosenberger had agreed to continue his service as representative of the Board on the Planning Commission through December, 1976. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the service of Thomas B. Rosenberger as the representative of the Board on the Frederick County Planning Commission through December, 1976. The above resolution was passed by the following recorded vote: Aye - S. Roger • r_1 IL r 1 Koontz, Thomas B. Rosenberger, Dr..Raymond L. Fish, Will L. Owings, R. Thomas Malcol and Dennis T. Cole. Planning Commission Study Committee Mr. Rosenberger agreed to serve as the Board's representative on the Planning Commission Study Committee. Highway Safety Commission Mr. Koontz stated that a vacancy had been created on the Highway Safety Commis- sion with the resignation of Dr. Bryan Landes. This appointment was carried forward to the next meeting. Resolution of Recognition Presented To Miss Gaye Dawn Hutton The following resolution of recognition was presented to Miss Gaye Dawn Hutton: WHEREAS, Miss Gaye Dawn Hutton, a resident of the County of Frederick, Virginia and a 1976 honor graduate of James Wood High School, has been a- warded First Place in the nation for the FBLA Junior Stenography Competi- tion; and, WHEREAS, Miss Hutton competed against the top one -year shorthand students from throughout the United States and is the first Virginia student to receive an individual First Place Award in any FBLA competition at:the national level; and, WHEREAS, Miss Hutton has recently won competition in Junior Steno- graphy at a regional and at a state level and was named James Wood High School's Business Student of the Year; NOW THEREFORE, BE IT RESOLVED, By the Frederick County Board of Super- visors that the aforementioned accomplishments and honors of Miss Gaye Dawn Hutton be lauded and extolled by this Board and that the Board does herein extend its best wishes for continued success and accomplishment. 242 PUBLIC HEARINGS REZONING Mr. Ben Butler and Mr. Leon Zeiger appeared before the Board in support of this rezoning request and presented pictures showing the present use and condition of the property sought to be rezoned. Mr. Butler stated that the preliminary plat present to the Planning Commission, he felt was in conformance with the ordinance, however his client was seeking a rezoning at this hearing and not approval, of the subdivis plat. He described the surrounding terrain and presented a model scale of the pro- posed development of the property stating that they felt it would be conducive to t area. Mr. Butler presented letters from Mr. John Kane, a soil scientist, and the Heal Department stating that each lot had been test bored and found to be favorable. Mrs. Jean Rutherford appeared before the Board in support of the rezoning req stating that she lived in a subdivision across the road from the property and felt that the development of the property into a subdivision would be much more desirable than the present condition of the area. Mrs. Harold Senseny appeared before the Board in opposition to the rezoning sta ing that she was concerned that a development of this type would affect the wells in the area and devalue the surrounding property. Mr. O. H. Garrett appeared before the Board and stated that he did not object the rezoning if it would not devalue his property. Mr. Don Richardson, representing the Frederick County Taxpayers Association, peared before the Board and stated that the big objection to this rezoning is the density of the wells and septic systems. He added that once the rezoning is the Board's powers are limited and therefore urged denial of this rezoning request. Mr. Berg stated that the Planning Commission was concerned about a number of similar subdivisions of minimum lot size proposals which had been denied. He added that on this property septic systems could be installed on each lot but on several lots the effluent would have to be pumped. Dr. Fish stated that he had looked over this property and was a little concer about the septic systems which would have to be pumped. He added that he did feel development would improve the esthetic value of the area. Mr. Koontz stated that he was concerned about blanket rezoning before the Board knows the amount or types of uses of the property. Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve zoning map amendment petition no. 009 -76 of Edwin G. and Phyllis S. Simmons, 9902 Rogant Road, Silver Springs, Maryland requesting that 39.11 acres, more or less, located on the North side of Route 50 opposite intersection with Route 803 West, now zoned Agricultural- Limited (A -1) be rezoned Residential- Limited (R -1). This parcel is designated as 52- (A) -17 on tax map 52 and is in Gainesboro Magisterial District. The above resolution was denied by the following recorded vote: Aye - Dr. Ray- mond L. Fish and Dennis T. Cole. Nay - R. Thomas Malcolm, Will L. Owings, Thomas B. Rosenberger, and S. Roger Koontz. Mr. Butler asked what the reason for denial was and Mr. Koontz replied the con- tour of the land, soil composition, and not having direct knowledge of what is planne AN ORDINANCE OF EDWIN G. AND PHYLLIS S. SIMMONS TO REZONE 39.11 ACRES IN DISTRICT FROM A -1 T R -1 - DENIED ND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER -1 -23 - APPROVED 1976 Mr. Berg presented the ordinance to amend the zoning ordinance to amend section 10 -1 -23. There was no opposition. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve on third and final reading the following ordinance: AN ORDINANCE TO.AMEND THE FREDERICK COUNTY.ZONING.ORDINANCE'ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 10 -1 -23 TO READ: 10 -1 -23 FURNITURE STORES (WITH STORAGE UNDER COVER) The above resolution was passed by the following-recorded vote: Aye - S. Roger • Koontz, Thomas B. Rosenberger, Will L. Owings, Dr. Raymond L. Fish, and R. Thomas Malcolm. Abstaining - Dennis T. Cole. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1 TO DELETE SECTIONS 2 -7, 2 -8, 2 -9, 3 -7, 3 -8, & 3 -9 - APPROVED 197 Mr. Berg presented the ordinance to amend the zoning ordinance to delete secti 2 -7, 2 -8, 2 -9, 3 -7, 3 -8, and 3 -9. There was no opposition. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- F L r1 LJ ginia does herein approve the following ordinance on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO DELETE SECTIONS: 2 -7 SPECIAL PROVISIONS FOR MOBILE HOME SUBDIVISIONS 2 -8 FRONTAGE REGULATION 2 -9 SPECIAL PROVISIONS FOR MOBILE HOME SUBDIVISION CORNER LOTS 3 -7 SPECIAL PROVISIONS FOR MOBILE HOME SUBDIVISIONS 3 -8 FRONTAGE REGULATION 3 -9 SPECIAL PROVISIONS FOR CORNER LOTS 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 Malc and Dennis T. Cole. AN ORDINANCE TO REPEAL THE TRAILER ORDINANCE ADOPTED DECEMBER 26, 1973 - THIRD AND FINAL READING - APPROVED Mr. Berg presented the ordinance to repeal the trailer ordinance adopted Decem- • 1 r 1 L J ber 26, 1973. There was no opposition. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the following ordinance on third and final reading: AN ORDINANCE TO REPEAL THE ORDINANCE ADOPTED DECEMBER 26, 1973 TO REGU- LATE THE LOCATION, CONSTRUCTION AND OPERATION OF TRAILER CAMPS IN FRED- ERICK COUNTY, VIRGINIA. Section 1 BE IT ORDAINED, by the Board of Supervisors of Frederick County, Vir- ginia, that the Ordinance adopted December 26, 1973 to regulate the location, construction and operation of trailer camps in Frederick County is repealed. Section 2 This Ordinance shall be in full force and effect upon adoption by the Board of Supervisors of Frederick County. The above resolution was passed by the following recorded vote: Aye - S. Roger tz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, Dennis T. Cole. CITIZENS CONCERN ON BEHALF OF TAXPAYERS ASSOCIATION APPOINTED SCHOOL 243 244 Mr. Sam Lehman appeared before the Board and presented a resolution, passed by the Frederick County Taxpayers Association, in support of legislation for the appoint- ment of school boards by boards of supervisors. He stated that the Association would appreciate�a %resolution from the Board of Supervisors if they agree with this proposal. COMPLAINT RECEIVED REGARDING VIOLATION OF BUILDING CODE ' Mr. Wade Ferguson, a resident of Heritage Hills Subdivision, appeared before the Board and presented a complaint stating that the developer from whom he purchased his house had never completed the house. He further stated that he had contacted the building inspector inasmuch as there had never been an inspection made on his home, and was advised that there had been a violation and the house would be completed. Mr. Ferguson stated that the house has not yet been completed. He further advised the REQUEST FOR HIGHWAY DEPARTMENT INVESTIGATION OF HAZARDOUS CONDITION AT INTERSECTION OF, Board that he had signed a paper, in good faith that the developer would complete the • house, at the time of closing, in order to get his loan, which paper stated that the REQUEST THAT TRASH COLLECTION SYSTEM BE IMPROVED house was completed. Mr. Koontz advised that the Board would look into this matter to see if the situ ation can be remedied. REQUEST FOR HIGHWAY DEPARTMENT INVESTIGATION OF HAZARDOUS CONDITION AT INTERSECTION OF, MERRIMAN'S LANE AND CEDAR CREEK GRADE Mr. Rosenberger requested the County Administrator to contact the Highway Depart , mant to have an investigation made of the hazardous condition which exists at the in- tersection of Merriman's Lane and Cedar Creek Grade. • REQUEST THAT TRASH COLLECTION SYSTEM BE IMPROVED Mr. Rosenberger requested that the trash container system be investigated and the conditions of the sites improved or moved to other locations. Mr. Koontz stated that this would be referred to the proper committee. REQUEST THAT COUNTY ADMINISTRATOR CONTACT RAILROAD COMPANIES WITH REGARD TO CROSSINGS AT CLEARBROOK, KERNSTOWN AND ROUTE 627 AT MIDDLETOWN The County Administrator was requested to write to the railroad companies who con- trol the crossings located at Clearbrook, Kernstown, and Route 627 at Middletown to request that these crossings be repaired and improved. REQUEST THAT HIGHWAY DEPARTMENT INVESTIGATE AND IMPROVE THE CURVE NEAR BASS HOOVER • SCHOOL ON ROUTE 647 Mr. Gordon Keehr appeared before the Board and requested that the Highway Depart ' ment be contacted regarding the dangerous condition of the curve located on Route 647 near Bass Hoover School. The Board requested the County Administrator to contact the Highway Department Igarding this request. The Board then recessed for ten minutes. SUBDIVISIONS SENSENY HEIGHTS SUBDIVISION - SHAWNEE MAGISTERIAL DISTRICT - APPROVED • Mr. Berg presented the plat of Senseny Heights Subdivision stating that all ap- provals had been received, that a recreational impact fee of $111 per lot was recom- mended, and further that inasmuch as Stafford Drive had not been completed, some sort of committment should be required of the developer that this work will be done. Mr. Joseph Massie appeared before the Board in support of this subdivision and stated that the developer would be willing to give the committment suggested by Mr., , Berg and that the street could not be completed until the water and sewer lines are {put in. Mr. Koontz requested that this committment be presented in writing and Mr. Massi stated that this would be done just as soon as the contract is executed with Mr. IlPerry, the contractor who will do the work. ED Mr. Renalds stated that the bond required on the subdivision would cover the pletion of Stafford Drive. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia does herein approve the plat of Senseny Heights Subdivision block C (lots 3 -12) and block D 6 -9) located in Shawnee Magisterial District, zoned R -3 and owned b) E. L. and Ruth E. Peters containing 14 lots fronting on both sides of Massie Drive, subject to the payment of the recreational impact fee of $111 per lot and a committmer in writing from the developer that Stafford Drive will be completed as soon as possib] The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. CONDITIONAL USE PERMITS CUP #68 - BETTY J. PEACEMAKER FOR BEAUTY SHOP - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented the application for conditional use permit of Betty J. Peace- • maker for a beauty shop in the basement of her home. He stated that the Planning mission recommended conditional approval of this permit. Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the conditional use permit number 68 of Betty J. Peacemaker for a beauty shop in the basement of her home as a home occupation, said residence located in the Back Creek Magisterial District on the west side of Route 628 (Middle Road) 6/10 mile north of intersection with Route 652, zoned R -2, and subject to the following conditions as recommended by the Planning Commission: (A) Conditional Use Permit to be a one - operator, no employee business (B) Conditional Use Permit to expire upon one - year's cessation of ap- proved use (C) Conditional Use Permit to expire upon sale of said property and /or business by applicant The above resolution was passed by the following recorded vote: Aye - S. Roger • is Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. CUP #62 - FOREST LAKE ESTATES (MOBILE HOME PARK) - OPEQUON MAGISTERIAL DISTRICT - APPROVED Mr. Rosenberger stated that when this matter was before the Board several weeks ago, he had requested the Board members to present their questions regarding this pro ject to the Planning Commission for their consideration and input. He stated that th Board had been reminded of this request at a subsequent meeting but had not presented any questions to the Planning Commission. Mr. Rosenberger stated that he had given hi list of questions to Mr. Renalds. Mr. Cole asked if the Board had any power to deny this request inasmuch as an order had been issued by the Judge in favor of the applicant in this matter. Mr. Ambrogi advised that this is not before the Board as a conditional use permit, becaus this has already been approved, but is before the Board as a site plan. He added tha because of the court order the Board could only act in an administrative or minister and apply the statutes and ordinances to the site plan submitted to see if it the requirements. Mr. Louis Costello appeared before the Board representing the applicants and stated that they felt all the requirements had been met on the site plan. There was a short discussion as to whether this development would contain only mobile homes or both mobile homes and modular homes. Mr. Costello advised the Board 246 C C that only mobile homes would be located in this development. Mrs. Laura Pifer appeared before the Board representing the Environmental Council and presented a statement in opposition to this development citing such objections as no positive statement had been received from the State Water Control Board, the ade- quacy of the proposed central water and sewer system, the ability of crooked run to ' handle the effluent from the development and the change in the water and sewer plans from the original proposal. Mr. John Pickeral appeared before the Board in opposition to this development ands stated that he was very familiar with crooked run and he.did not see how it could pos- sibly handle the effluent from such a development, Mr. Rosenberger moved for denial of the request stating that he felt the environ- mental impact on the people in the community would be greatly affected, that the tax I • structure of Frederick County would be affected, and that the Board had no options le lit but to deny the request. Mr. Rosenberger's motion died for lack of a second. Mr. Cole then moved for approval of the site plan stating that a court order had been issued in this matter and he would abide by that order. Mr. Cole's motion died for lack of a second. BOARD WITHDRAWS INTO EXECUTIVE SESSION ' Upon motion made by Will L. Owings, seconded by Dennis T. Cole and passed unani- mously, the Board withdrew into executive session to discuss the legal position of th • Board with regard to the site plan of Forest Lake Estates. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by Dennis T. Cole and passed una imously the Board withdrew from executive session. �1 BOARD RECONVENES INTO REGULAR SESSION Upon motion made by R. Thomas Malcolm, seconded by Dennis T.,Cole and passed imously, the Board reconvened into regular session. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors does herein approve the site plan, • CUP #62, of Forest Lake Estates (Mobile Home Park) containing 491 spaces on 123 acres in Opequon Magisterial District of H. Ray Van Dyke and T. G. Adams for Rayland Corpor tion. The above resolution was passed by the following recorded vote: Aye - Dr. Raymond Fish stating that this matter was very distasteful to most of the members of the Boar and most of the citizens of the County, and the Board found themselves caught in a trap not of their own making, and therefore had no choice but to approve this site plan; SI Roger Koontz, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole, with the majorit of the Board expressing the opinion as set forth by Dr. Fish. Thomas B. Rosenberger voted aye also stating that he was voting on the motion against his better judgment. SITE PLANS FORECAST INVESTMENTS - STONEWALL MAGISTERIA DISTRICT - APPROVED Mr. Berg presented the site plan of Forecast Investments for a retail gift shop on 16t acres in Stonewall Magisterial District said property bounded on the north by Route 672, on the west by Route 81, on the east by Penn Central Railroad and owned by E. Lynn Beightol and Seymour Kriwinsky. The Board noted and accepted this site plan. SHENANDOAH AREA AGENCY ON AGING, INC. - REQUEST FOR FUNDS - APPROVED Mr. Michael Toht, Executive Director of the Shenandoah Area Agency on Aging, Inc., 247 and Mr. Dennis Hoover and Mrs. Sarah Shryock, Frederick County's representatives on the Agency, appeared before the Board in support of their request for funding for 197E 77 and explained briefly the present and future programs of said agency. Upon motion made by Dennis T. Cole and seconded by Will L. Owings, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve a supplemental appropriation to the Shenandoah Area Agency on Aging, Inc. in the amount of $385.00 for funding for fiscal year 1976 -77. 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 Dennis T. Cole. WASHINGTON EAR, INC. - REQUEST FOR FUNDS - APPROVED • Mr. William Duncan appeared before the Board in support of a request for funds for the Washington Ear, Inc. and explained the services to be rendered to the handi- capped in Frederick County through this program. Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. PARKS AND RECREATION COMMISSION REQUEST FOR REVENUE SHARING FUNDS TO COMPLETE BALL DIAMONDS AT STEPHENS CITY PARK REFERRED TO FINANCE COMMITTEE FOR STUDY AND RECOMME Mr. Keith Lupton, Vice Chairman of the Parks and Recreation Commission, appeared before the Board together with Mr. William Pike, Parks and Recreation Director, and requested the use of $75,000 in Revenue Sharing Funds to complete the ball diamonds at Stephens City Park, and improve those at Clearbrook Park. • Mr. Cecil Boyce, Mr. Gordon Keehr, Mr. Bob Brown, Mrs. Louise Nelson and Mr. Don ald Welch appeared before the Board in support of this request and stated that these facilities are direly needed in the County. There followed a short discussion regarding the possibility of EDA Funds for use on :this project. Mr. Owings stated that he felt this was a start in getting the Stephens City ject off the ground and was very much in favor of approval of this request. Mr. then moved for approval of the request and his motion was seconded by Thomas B. Rosen oerger. • Mr. Cole stated that this request should have been channelled through the Financ Committee for study and recommendation before coming to the Board. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein refer the request of the Parks and Recreation Commission to use $75,000 in Revenue Sharing Funds to complete the ball diamonds at Stephens City Park and improvements at Clearbrook Park to the Finance Committee for study and recommenda tion. 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 Dennis T. Cole. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve a supplemental appropriation in the amount of $1,000 for a ' donation to the Washington Ear, Inc. in order that broadcasting services might be mad available to handicapped citizens of Frederick County. • The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. PARKS AND RECREATION COMMISSION REQUEST FOR REVENUE SHARING FUNDS TO COMPLETE BALL DIAMONDS AT STEPHENS CITY PARK REFERRED TO FINANCE COMMITTEE FOR STUDY AND RECOMME Mr. Keith Lupton, Vice Chairman of the Parks and Recreation Commission, appeared before the Board together with Mr. William Pike, Parks and Recreation Director, and requested the use of $75,000 in Revenue Sharing Funds to complete the ball diamonds at Stephens City Park, and improve those at Clearbrook Park. • Mr. Cecil Boyce, Mr. Gordon Keehr, Mr. Bob Brown, Mrs. Louise Nelson and Mr. Don ald Welch appeared before the Board in support of this request and stated that these facilities are direly needed in the County. There followed a short discussion regarding the possibility of EDA Funds for use on :this project. Mr. Owings stated that he felt this was a start in getting the Stephens City ject off the ground and was very much in favor of approval of this request. Mr. then moved for approval of the request and his motion was seconded by Thomas B. Rosen oerger. • Mr. Cole stated that this request should have been channelled through the Financ Committee for study and recommendation before coming to the Board. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein refer the request of the Parks and Recreation Commission to use $75,000 in Revenue Sharing Funds to complete the ball diamonds at Stephens City Park and improvements at Clearbrook Park to the Finance Committee for study and recommenda tion. 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 Dennis T. Cole. I go ENGINEE Mr. Malcolm presented the recommendations of the Engineering Committee and the following action was taken: RECOMMENDATION FOR APPROVAL REGARDING USE OF HUD FUNDS - WITH FREDERICK COUNTY SANITATION Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that prior to use any HUD funds for payment of Frederick County Sanitation Authority bills, incurred in the construction of water and sewer facilities in Freetown, and water facilities in Sunnyside, said funds to be received by Frederick County under the grant made availib by HUD under the Housing and Community Development Act of 1974, the Frederick County Sanitation Authority shall by resolution duly entered in the Frederick County Sanita- tion Authority minutes give assurances as outlined below: That Frederick County Sanitation Authority will join with the County Administrator and Frederick County Board of Supervisors in any actions, legal or otherwise, relating to environmental issues resulting from the assumption by the County Administrator of the status of a responsible Federal Official under the National Environmental Policy Act of 1969 re- lating to the HUD funded projects built by the Frederick County Sanita- tion Authority with funds received by Frederick County for which Fred - erick'County is responsible. County of Frederick: such requirements. ments of Federal Management Circulars 74 -4 and 74 -7 as the relate to the application, acceptance and use of Federal funds for water and sewer pro- jects in Freetown and Sunnyside. )MMITTEE RECOMMENDATIONS That Frederick County Sanitation Authority in cooperation with the 1. Will comply with regulations, policies, guidelines, and require- 2. Will administer and enforce the labor standards requirements set forth in section 570.605 and HUD regulations issued to implement 3. Will comply with all requirements imposed by HUD concerning special requirements of law, program requirements, and other adminis- trative requirements approved in accordance with Federal Management Cir- cular 74 -7. 4. Will comply with the provisions of Executive Order 11296, re- lating to evaluation of flood hazards. 5. Will comply with: (a) Title VI of the Civil Rights Act of 1964 (P.L.88 -352) and the regulations issued pursuant thereto (24 CFR Part I), which provides that person in the United States shall on the ground of race, color, or national origin',.be excluded -from participation in,:be denied the benefits of, or be otherwise subjected to discrim- ination 'any- program.or- activity for which the ap- plicant received Federal financial assistance and will immediately take any '.measures - necessary - to effectuate this assurance. If any real property or structure there- on is provided 'or improved with the aid -of Federal finan- cial assistance extended to the applicant, this assur- ance shall obligate the applicant -, or in the case of any transfer of such property, any transferee, for the per- iod-during. the real property.or structure is used for a purpose for which the Federal financial assistance is extended or.for. another purpose involving the provi- sion of similar services or benefits. (b) Title VIII of the Civil Rights Act of 1968.(P.L. 90 -284) as- amended,..administering all.programs,and activities re- lating to housing and community development in a manner to affirmatively further fait,housing;.and.will take act- ion to affirmatively further fair housing in the sale or rental,.of, housing, the financing of housing, and"-the pro- vision of brokerage services within the applicant's jur- • • • 1 11 249 isdict- ion: (c) Section7,109cof, the: - and Community Development Act of 1974, and the regulations issued pursuant there- to (24 CFR 570.601), which provides that no person in the United States shall, on the ground of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to dis- crimination under, any program or activity funded in whole or in part with Title I funds. (d) Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. 1 • (e) Executive Order 11246, and all regulations issued pur- suant thereto (24 CFR Part 130), which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or federally - assisted contracts. Such contractors and subcontractors shall take affirmative action to insure fair treatment in employment, upgrading, demo tion, or transfer; recruitment or recruitment advertis- ing; layoff or termination, rates of pay or other forms of compensation and selection for training and appren- ticeship. (f) Section 3 of the Housing and Urban Development Act of J.. 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be a- warded to eligible business concerns which are located in or owned in substantial part by, persons residing in the area of the project. 6. It will: (a) In acquiring real property in connection with the com- munity development block grant program, be guided to the greatest extent practicable under State law, by the real property acquisition policies set out under Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) and the provision of Section 302 thereof: (b) Pay or reimburse property owners for necessary expenses as specified in Section 303 and 304 of the -Act; and (c) Inform affected persons of the benefits, policies, and procedures provided for under HUD regulations (24 CFR Part 42). 7. It will: u 1 .• (a) Provide fair and reasonable relocation payments and as- sistance in accordance with Sections 202, 203, and 204 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable HUD regulations (24 CFR Part 42), to or for families, in- dividuals, partnerships, corporations or associations displaced as a result of any acquisition of real proper- ty for an activity assisted under the program; (b) Provide relocation assistance programs offering the ser- vices described in Section 205 of the Act to such dis- placed families, individuals, partnerships, corporations or associations in the manner provided under applicable HUD regulations; (c) Assure that, within a reasonable time prior to displace- ment decent, safe, and sanitary replacement dwelling will be available to such displaced families and individuals in accordance with Section 205(c) (3) of the Act, and that such housing will be available in the same range of choices to all such displaced persons regardless of their race, color, religion, national origin, sex, or source of income; (d) Inform affected persons of the benefits, policies, and procedures provided.for under HUD regulations; and (e) Carry out the relocation process in such a manner as to provide such displaced persons with uniform and consist- ent services, including any services required to insure that the relocation process does not result in different or separate treatment to such displaced persons on ac- count of their race, color, religion, national origin, sex, or source of income. B. It will establish safeguards to prohibit employees from using pos- itions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties 250 9. It will comply with the provisions of the Hatch Act which limits the political activity of employees. 10. It will give HUD and the Comptroller General through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. BE IT FURTHER RESOLVED, by the Frederick County Board of Supervisors that the Board recognizes the Frederick County Sanitation Authority as its agent for implementing usage of HUD grant funds for the purposes of adver- tising for and awarding bids and the inspection and supervision of construct- ion. BE IT FURTHER RESOLVED, that a copy of said resolution of Frederick County Sanitation Authority signed by the Chairman and duly attested shall be filed with the County Administrator. (seal) A COPY TESTE: /s/ J. O. Renalds, III J. O. Renalds, III County Administrator The above resolution was passed by the following recorded vote: Aye - S. Roger z, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, Dennis T. Cole. RECOMMENDATION FOR APPROVAL OF WITH MICHIE COMPANY FOR ANNUAL UPDATES OF Upon motion made by R. Thomas Malcolm, and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the execution of the following agreement with Michie Com- pany for an annual update of the county code: AGREEMENT BETWEEN THE'MICHIE COMPANY "ST-1 FREDERICK COUNTY, VIRGINIA THIS AGREEMENT, made and entered into this 25th day of August 1976 by and between the Michie Company, a corporation duly organized, created and existing under the laws of the Commonwealth of Virginia, and Frederick County in the Commonwealth of Virginia. WITNESSETH: that in consideration of the sum of money hereinafter agreed to be paid to the Michie Company by the County of Frederick the Michie Company agrees to and with the County of Frederick and its success- ors and assigns, that it will do the following work and perform the follow- ing service in connection with the preparation and delivery of the Virginia Municipal Law Bulletin, a detailed editorial memorandum, and proposed ordin- ances for the County of Frederick 1. To prepare and deliver to the Commonwealth's Attorney, following the adjournment of each session of the Virginia General Assembly, a copy of the Virginia Municipal Law Bulletin which shall con- tain a summary of general law affecting local government, enact- ed during that session of the General Assembly. 2. To prepare and deliver to the Commonwealth's Attorney following the adjournment of each session of the Virginia General Assembly, • • • 1 • a detailed editorial memorandum. This memorandum will point out 251 those portions of the Code of Frederick County affected by the newly enacted general legislation and will make specific recommendations in order to bring the Code of Frederick County into conformity with the Laws of the Commonwealth of Virginia. 3. To draft when specifically instructed by the Commonwealth's Attorney, proposed ordinances which will be designed to bring the Code of Frederick County into conformity with the Laws of the Commonwealth of Virginia. The County of Frederick agrees to pay the Michie Company at the rate n U of thirty dollars ($30.00) per hour for the time expended on the prepara- tion of the editorial memorandum outlined in paragraph 2 above, and at the same rate for any proposed ordinances drafted as outlined in paragraph 3 above. These prices shall be in effect for a period of three (3) years from this date. I • BY Attorney The above resolution was passed by the following recorded vote: Aye - S. Roger ATTEST: THE MICHIE COMPANY /s/ S. G. Aldrich BY /s/ D Secretary President Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RECOMMENDATION REGARDING PARKING ON ROUSS AVENUE, THE PLAZA AND CITGO PARKING LOT - APPPM7P.T) Mr. Cole requested that section (A) of the recommendations of the Engineering U n Committee regarding Rouss Avenue be voted upon separately. The Board concurred. Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors does herein approve the recommenda- tion of the Committee on Engineering and Code Enforcement that the Board policy June 8, 1976 with regard to commercial activity on Rouss be retained. The above resolution was passed by the following recorded vote: Aye - R. Thomas • Malcolm, Will L. Owings, S. Roger Koontz, and Thomas B. Rosenberger. Nay - Dennis T. Cole and Dr. Raymond L. Fish. Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following recommendations of the Committee on ing and Code Enforcement: (1) Parking as outlined on the attached sketch (a copy of which shall be kept on file in the County Administrator's office) for constitutional officers, judges, board members, department heads, County Administra- tor and Sheriff's Department. (2) Marking of access lanes adjacent to the Clerk's Office, City Hall, Lockup entrance, and Plaza traffic lane adjacent to Clerk's Office and Penny's building with cross -marks and 'No,Parking'. (3) Use of lot behind Citgo Station for employees of Constitutional Offi- cers and County Administration. (4) Recommendation that Sheriff be requested to enforce these regulations on parking in accordance with necessary administrative guidelines to be prepared by Sheriff and County Administrator, and further that all departments and agencies be notified of these regulations. 252 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. gay - Thomas B. Rosenberger. FINANCE COMMITTEE RECOMMENDATIONS Mr. Rosenberger presented the Finance Committee recommendations with the follow- ing action being taken: RECOMMENDATION FOR APPROVAL OF SALE OF ROUND HILL SCHOOL - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia votes in favor of selling school property known as the Round Hill School lying and being situated in the Back Creek Magisterial District, Frederick County, Virginia, by advertising once a week for four successive weeks in a newspaper having general circulation in the Winchester - Frederick County area, to be sold at public auction in front of the Frederick County Courthouse; and, BE IT FURTHER RESOLVED, That this resolution authorizes the School Board of Fred - erick County, Virginia, to sell the property cited above, all in accordance with sec - tion 15.1 -262 of the code of Virginia 1950, as amended. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. BICENTENNIAL COMMITTEE - REQUEST FOR TRANSFER OF FUNDS - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that the following appropriation transfer within the 1976 -77 General Operating Fund Budget is hereby approved: Transfer To 18- 018E -7021 Contribution to Bicentennial Commission $250.00 Transfer From 18- 018E -7021 Contribution to Committee on Conserva- tion - Chamber of Commerce $250.00 The above resolution was passed by the following recorded vote: Aye - S. Roger and Dennis T. Cole. Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm STATE AND'LOCAL HOSPITALIZATION RATES ESTABLISHED Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Board of Supervisors.of the County of Frederick, Vir- ginia that the following daily rates for State -Local hospitalization during the fisc year 1976 -77 are hereby approved: Shenandoah County Memorial Hospital, Inc. University of Virginia Hospital Medical College of Virginia Winchester Memorial Hospital $ 69.34 99.87 120.19 83.71 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 Dennis T. Cole. REQUEST OF PARKS & RECREATION DEPA RTMENT - APPROVED TNDS OF REGISTRATION FEES THROUGH DI- Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the Director of Accounting is hereby authorized to make refunds, from petty cash, to persons who withdraw from recreation classes or programs. • I • • • BE IT FURTHER RESOLVED, That said refunds shall be made only upon written certifi 253 cation from the Director of Parks and Recreation. The above resolution was passed by the following recorded vote: Aye - S. Roger �J Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm; land Dennis T. Cole. ( TRANSFER OF CETA POSITIONS - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by R: Thomas Malcolm, BE IT RESOLVED, By the Frederick County Board of Supervisors that in.order to r • tain several positions currently funded with CETA funds, the County Administrator is hereby authorized to transfer the following to County funded positions: Effective 10 -1 -76 truck driver - refuse collection Effective 9 -1 -76 laborer - refuse collection Effective 10 -1 -76 laborer - maintenance BE IT FURTHER RESOLVED, That the following transfers within the 1976 -77 budget L • are hereby authorized: Transfer To: 10 -01OG -123 10- 01OG -136B 14 -014B -123 18- 018C -295A 18 -018C -296 18 -018C -297 18 -018C -298 Compensation of Laborer Compensation of Truck Driver Compensation of Laborer - Maintenance Insurance - Hospitalization Insurance - Group Life Employer Ret. Contribution Employer FICA Contribution Total Transfer From: 18- 018E -299B Reserve for Contingencies The above resolution was passed by the following recorded vote: $4,333.30 5,274.63 5,361.21 587.44 184.48 167.66 875.70 $16,784.42 $16,784.42 Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm; and Dennis T. Cole. MILEAGE REIMBURSEMENT RATE FOR FREDERICK COUNTY - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia • that effective July 1, 1976 the standard rate of reimbursement to County employees using personal cars for County business shall be at the rate established by legisla- tive acts of the Virginia General Assembly related to reimbursements of State employee 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 Dennis T. Cole. ANNUAL AUDIT OF THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY PRESENTED TO BOARD C Mr. David G. Diskson, Secretary of the Industrial Development Authority for the • County of Frederick, Virginia, appeared before the Board and presented the annual a of said Authority to the members of the Board of Supervisors. DATE FOR JOINT PUBLIC HEARING ON LAND USE PLAN SET The Board set the date of September 22, 1976 for the joint public hearing with the Frederick County Planning Commission on the proposed Land Use Plan. REQUESTS FOR REFUNDS - BOYLES, LICHTMAN & BARRETT - APPROVED Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following refunds as requested by the Commissioner of Revenue and Treasurer of Frederick County: 1. Ann B. and Harry A. Boyles - Route 5, Box 442 Winchester, Virginia 22601 - $23.00 - Erroneous 254. Payment of Real Estate Taxes 2. Irving S. Lichtman - 5100 Wisconsin Avenue, N.W. Washington, D. C. 20016 - $103.27 - Erroneous Payment of Real Estate Taxes 3. Mr. and Mrs. George E. Barrett - 508 North Street Winchester, Virginia 22601 - $13.80 - overpayment of Land Use Tax 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 Dennis T. Cole. P ROCEDURE FOR 1 ICATION OF SALE OF FOR STUDY 'O TREA SURER REFERRED TO FINANCE COMMI There was a brief discussion as to the procedure followed whereby the Treasurer is notified of the sale or transfer of property in order that taxes might be from the proper party. Dr. Fish stated that he felt this information should be supplied to the on a daily basis. The Board agreed to send this matter to the Finance Committee for study and re- commendation to the Board of Supervisors. MONTHLY STAFF REPORT - ACCEPTED After review, the monthly staff report was accepted. BUDGET ADJUSTMENT - SHERIFF'S DEPARTMENT - APPROVED Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following adjustment to the 1976 -77 budget is hereby approved: Increase Revenue Estimates - General Revenue Fund 05 -9091 Insurance Recoveries Increase General Operating Fund Appropriations 06- 006A -215A Repair and Replacement Autos 06- 006A -215D Repair and Replacement - Radio, Radar, Etc. Total $1,927.60 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 Dennis T. Cole. VIRGINIA LAKESIDE WATER AND SEWER COMPANY CERTIFICATE OF CONVENIENCE DISCUSSED Mr. Renalds advised the Board that the Virginia Lakeside Water and Sewer Company and Mr. Wakeman had reached an agreement on utility service to their areas. He statec that the Sanitation Authority would review the application for a Certificate of Con- venience and Necessity and then it would be placed on the agenda for consideration by the Board of Supervisors. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT-IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. czi . 11- Chairman B of S pervis s cretary Bd. o $1,927.60 $1,072.60 855.00 sors A regular meeting of the Frederick County Board of Supervisors was held on S lber 8, 1976 at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, lWinchester, Virginia. Z PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. 255 Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Chairman called the meeting to order. ( MINUTES APPROVED AS CORRECTED The minutes of the Special Meeting held on August 18, 1976 and the Regular Meet- ling held on August 25, 1976 were submitted for approval. Mr. Rosenberger requested a correction to the minutes of August 25th relative tol • the vote on the Van Dyke conditional use permit approval, inasmuch as he had stated it casting his vote for approval that he was doing so against his better judgment. The Board concurred with this correction, and directed that this statement be entered intc the minutes. 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, Virgin Idoes herein approve the minutes of the Special Meeting of August 18, 1976 as submi land the Regular Meeting of August 15, 1976 as corrected above. The above resolution was passed by the following recorded vote: Aye - S. Roger r� • Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. HIGHWAY DEPARTMENT e Request - Possibility of Stop Sign - Rolling Fields Mr. Malcolm requested that the Highway Department be contacted and requested to investigate the possibility of erecting a stop sign at the intersection of Meade Dri and Village Road in Rolling Fields Subdivision. Request - Completion of Road Work on Curve on Route 647 Near Bass Hoover School Mr. Koontz requested that the Highway Department be requested to complete the road work on the curve on Route 647 near the Bass Hoover Elementary School. HEALTH DEPARTMENT Request For Investigation of Problem With Septic System on Property of David Brown Mr. Malcolm requested the Health Department to investigate the alleged problem with the septic system on the property of David Brown and report their findings to DOG WARDEN - REPORT AND CLAIM (ADAMS) - APPROVED Mr. Harold Whitacre, Frederick County Dog Warden, appeared before the Board and presented the monthly reports of both the Dog Warden and the Assistant Dog Warden. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virgin does herein approve the claim for livestock kill of Ernest Adams, Box 304, Bloomery Star Route, Winchester, Virginia for three (3) ewes at $15.00 each. 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 Dennis T. Cole. Dr. Fish asked how many of the dogs responsible for livestock kills are caught of those caught, how many have tags. Mr. Whitacre stated that approximately 808 are caught and of that number, approximately 508 have tags. CHAPTER 10 BOARD PRESENTATION - DAVID SCHWEMER, EXECUTIVE DIRECTOR Mr. David Schwemer, Executive Director of the Chapter 10 Board appeared and pre- sented a brief report of the concept and program of Chapter 10. He presented to each of the Supervisors a file containing information and materials relative to the Chap 10 Board and its work stating that its purpose is to create and expand new and exist- 25 ing mental health and mental retardation programs in the community. CONDITIONAL USE PERMIT - DOWLING COMPANY, INC. - Mr. Berg presented the application for conditional use permit of the Dowling Company, Inc. to erect a sign at the intersection of Millwood Pike and Ford's Lane. He advised that the Planning Commission's motion for approval was denied by a tie Mr. Bob Cooper of the Dowling Company appeared before the Board in support of application and stated that state and federal regulations must be followed as well as local regulations. There followed a brief discussion on the regulations for the ment of signs. There was no opposition from the public. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virg • does herein approve the application for conditional use permit number 070 of Dowling Company, Inc. to erect one (1) location sign (10' x 32') advertising Bonanza at the intersection of Routes 50 (Millwood Pike) and 728 (Ford's Lane), said approval given for a period of five (5) years with the requirement of renewal at the end of the five (5) year period with Board of Supervisors approval again required at this time. 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 Dennis T. Cole. CITIZEN'S CONCERN Road Problems Mr. Cole stated that he receives many complaints dealing with road problems but t of these must be taken care of at the Annual Road Hearing. Mr. Owings stated that there had been a catastrophe on a section of road in his district which the Highway Department had recently constructed. Collection of Delinquent Taxes - Report to Be Sent to Finance Committee Mr. Rosenberger asked what the status was on the collection of delinquent taxes. Mr. Ambrogi stated that the Treasurer has gotten out letters to all delinquent taxpay ers and those who have not responded must now be contacted by his office. He added that a form letter can not be used for this purpose inasmuch as all cases are not ali There was a short discussion regarding the establishment of a method wherein the Trea urer and Clerk would be notified promptly when a piece of property is transferred. Upon motion made by Thomas B. Rosenberger and seconded by Dennis. T. Cole, BE IT RESOLVED, That the Board of Supervisors does herein request the Clerk of Circuit Court, the Treasurer, the Commissioner of Revenue, Mr. Roy Jennings, and the Administrative Staff to meet together to formulate a recommendation to the Finance C mittee on the method to be followed in the collection of delinquent taxes and the no fication to the Treasurer and Clerk of property transfers, so that said recommendati t be studied and a report made to the Board of Supervisors. The above resolution was passed by the following recorded vote: Aye - S. Roger tz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, Dennis T. Cole. est That Buildinq Inspector Attend First Board Meeting in Mr. Rosenberger asked that the Building Inspector be asked to attend the first Board Meeting in October to discuss procedures. Mr. Renalds advised that the Building Inspector had met with the Engineering I mittee and a press release would be issued which he felt would answer many questions regarding procedures in this office. • • • 257 Citizen Complaint Re: Building Inspector Mr. Edwin Fiddler appeared before the Board and lodged a complaint against the Building Inspector stating that he had been advised by the previous inspector that a building he proposes to build would not require a building permit and that the new inl' spector has advised him that now a permit will be necessary. He stated that the cost', of the materials for the building he proposes to construct is approximately $475 and anything less than $500 does not require a permit. Mr. Renalds explained that any construction requires a building permit but no is required when the cost of the construction is less than $500, this amount to in- clude materials and labor. There followed a short discussion on the procedure to obtain a variance to the r� L building code inasmuch as Mr. Fiddler's plans do not meet the setback requirements. Mr. Fiddler complained about the $20.00 fee to apply for the variance and stated that the application was too difficult for the average person to complete. Mr. Koontz stated that he felt the citizens of the County should be made aware \J the laws and ordinances of the County. INTRODUCTION OF FREDERICK COUNTY REPRESENTATIVES ON CHAPTER 10 Mr. James Sumption, Chairman of the Chapter 10 Board appeared before the Super- visors and introduced Mrs. Catherine Monte and Mr. Bob Sowers, Frederick County's re- presentatives on the Chapter 10 Board. ORDINANCES - FIRST AND SECOND READING ewall Distr Petition No. 018 -76, Fred L. Glaize, Et Ux to Rezone 149.960 From A -2 to R -1 The following ordinance was read on first and second reading: ZMAP NO. 018 -76, FRED L. GLAIZE, III AND ANN GLAIZE, P.O. BOX 598, WINCHESTER, VIRGINIA, HEREBY REQUEST THAT 149.960 ACRES, MORE OR LESS, LOCATED NORTH OF BURNT FACTORY, FRONTING THE EAST SIDE OF ROUTE 664 AND NORTH SIDE OF ROUTE 660, NOW ZONED AGRICULTURAL, GENERAL (A -2) BE REZON- ED RESIDENTIAL, LIMITED (R -1), THIS PROPERTY IS DESIGNATED AS NO. 27 ON TAX MAP 45 AND IS IN STONEWALL MAGISTERIAL DISTRICT. • I� L J Amendment Petition No. 019 -7 zone i. and C. Frederick Wisecarver to Re- -2 The following ordinance was read on first and second reading: ZMAP NO. 019 -76, JAMES E. AND C. FREDERICK WISECARVER, ROUTE 1, BOX 467, WINCHESTER, VIRGINIA HEREBY REQUEST THAT 1.144 ACRES, MORE OR LESS, (LOTS 1, 16, 17, 18) FRONTING SHAWNEE DRIVE AT ITS INTERSECTION WITH ROUTE 522, IN FUNKHOUSER ADDITION, NOW ZONED RESIDENTIAL, LIMITED (R -1) BE REZONED BUSINESS, GENERAL (B -2), THIS PROPERTY IS DESIGNATED AS NOS. 04000001, 040000016, 040000017, 040000018, ON TAX MAP 064B AND IS IN SHAWNEE MAGIS- TERIAL DISTRICT. The Board recessed for 10 minutes. r1 LJ COMMITTEE RECOMMENDATIONS Finance Committee Mr. Rosenberger presented the recommendations from the Finance Committee and the following action was taken: Parks and Recreation Department - Request for Revenue Sharing Funds - Approved Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein direct that $35,000 in Revenue Sharing Funds, currently unalloca for other uses be appropriated for Parks and Recreation requirements which will in- :lude fencing for three fields at Stephens City at approximately $22,000, building rking areas and roadways at approximately $7,400, and twelve sets of aluminum blea s at approximately $5,286; and, BE IT FURTHER RESOLVED, That the Director of Accounting is hereby authorized to ke the necessary appropriation transfers within the General Revenue Sharing Fund r_: necessary to accomplish the above directive. 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 Dennis T. Cole. Ordinance to Provide Refunds for n Land Use Assessment - First The following ordinance was read on first and second reading: AN ORDINANCE TO PROVIDE FOR REFUNDS OF LOCAL LEVIES ERRONEOUSLY PAID IN CONJUNCTION WITH THE ORDINANCE PROVIDING FOR SPECIAL ASSESSMENTS FOR AG- RICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE Budget Adjustment - Insurance Recovery Funds - Approved Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, By the Frederick County Board of Supervisors, that the following adjustment to the 1976 -77 budget is hereby authorized: Increase General Revenue Fund Revenue Estimates 05 -9091 Insurance Recoveries $3,339.10 Increase General Operating Fund Appropriations 10- 01OG -215A Repairs and Replacements - Vehicles $3,339.10 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 Dennis T. Cole. Budget Adjustment - HUD Grant Funds - Approved Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors, that the following 1 , I 1976 -77 budget is hereby adjusted as follows: Increase General Revenue Fund Revenue Estimate 05 -6871 Federal Grants - HUD $245,000.00 Increase General Operating Fund Appropriations 10- 01OH -601A Freetown Area Water and Sewerage Facilities $ 65,000.00 10- 01OH -601B Sunnyside Water Facilities $180,000.00 Total $245,000.00 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 Dennis T. Cole. Parks and Recreation Department Request to Fill Position Approved at Current Salary - Salary Increase Request Referred to Finance Committee for Study and Recommendation Mr. William Pike appeared before the Board and requested a transfer within his budget to increase the salary of the Supervisor of Recreation stating that in order tc get a good, well qualified individual, he felt the salary would have to be raised. Mr. Cole stated that the budget for 1976 -77 has already been set and further he felt this matter should be referred to the Finance Committee for study and recommenda- tion to the Board of Supervisors. Mrs. Keckley asked if this request was approved for the Parks and Recreation De- partment, would it also be approved for another department requesting the same thing. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the request of the Department of Parks and Recreation De- partment to fill the position of Supervisor of Recreation, said position to be filled at the current salary rate; and, BE IT FURTHER RESOLVED, That the Board does herein refer the request for a salar) increase for the Supervisor of Recreation in the amount of $835 to the Finance Com- • • • L • 259 mittee for study and recommendation. 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 Dennis T. Cole. Law Enforcement and Courts Committee Mr. Cole presented the recommendations of the Committee on Law Enforcement and Courts and the following action was taken: Incentive Pay Plan - Approved Mr. David Dickson explained the proposed Incentive Pay Plan and stated that the major change is in the incentive steps. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, I U BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the following Incentive Pay Plan as recommended by the Com- mittee on Law Enforcement and Courts: FREDERICK COUNTY LAW ENFORCEMENT INCENTIVE PAY PLAN I GOALS • (1) To encourage and assist law enforcement personnel in becoming more competent and proficient in the many aspects of the pro- fession. (2) To educate law enforcement personnel in order that they might be able to better cope with the complex and changing society they protect and to better enable them to understand their role in society. (3) To recognize the initiative and successful efforts of those law enforcement personnel seeking to further their education and to encourage such personnel to continue their formal edu- cation. II DEFINITIONS Quarter Hour - All hour references in this plan refer to quarter hours Lord Fairfax Community College (LF) is on a quart- er hour system. One quarter hour equals two - thirds of one semester hour. Semester Hour - Any semester hours that count toward incentive pay must be converted to quarter hour equivalents. One semester hour equals one and one half quarter hours. • 1 Educational Review Board - This board will administer the incentive pay plan and will be composed of the Committee on Law Enforce- ment and Courts, other members or advisors may be appointed. III ELIGIBILITY Eligible Personnel All personnel under the direct supervision of the Frederick County Sheriff and the investigator under the supervision of the Commonwealth Attorney. Eliqible Education All satisfactorily completed courses taken at LF leading to- ward a certificate or Associate of Applied Science Degree (AAS) in Police Science are eligible. Any other course work must be submitted to the Educational Review Board for approv- al. In some cases partial credit will be awarded. Eliqible Grades Law enforcement personnel must make a minimum grade of C on all courses. Any course for which a D is received will not receive any credit until such time as the officer graduates and such course is accepted by the college or university as part of the graduating requirement. IV SUBMISSION OF TRANSCRIPTS It is the responsibility of each law enforcement officer to keep his /her own record of hours completed and to notify the County Administrator's Office when he /she qualifies for a new incentive pay level. This notification must be in the County Administrator's Office by January 1, April 1, July 1, or October 1. This notification must be accompanied by a clearly legible transcript or official record of grades and courses. It is the duty of the law enforcement officer to see that his 260 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 (b) Payment of Incentive 16 32 48 64 80 97 Degree Incentive pay will be given in a check, separate from the normal paycheck, four times a year. Approval must be made by the educational review board before February 1, May 1, August 1, and November 1. Payment will be made by the 15th of February, May, August, and November. (c) Rate of Incentive Educational incentive pay will be awarded at a rate of two percent of an officer's annual base salary for each step acheived. STEP INCENTIVE RATE Step 1 28 (of annual base salary) Step 2 48 (of annual base salary) Step 3 68 (of annual base salary) Step 4 88 (of annual base salary) Step 5 108 (of annual base salary) Step 6 12% (of annual base salary) To compute one's quarterly award the following procedure is used: incentive rate X annual base salary = annual,award annual award 4 = quarterly incentive award . The salary used to compute each quarter's award will be the officer's current annual base salary as of February 1, May 1, August 1, and November 1. Officers entering or leaving the Sheriff Department dur- ing a month will be given their incentive pay according to the following plan. An officer starting work on or before the 10th of any month will be awarded incentive pay for the whole month. An officer leaving on or after the 20th of a month will receive his incentive pay for that month. (d) Limit For Incentive Plan Officers will receive incentive pay for educational achieve- ments up to the associate degree level. Pay for 97 quarter hours will not be awarded until the officer receives an associate de- gree in Police Science. This applies even though the officer has 97 or more hours. The reason being that a degree program is well rounded and provides a broad based education which is preferable to a randomly selected group of courses. The above resolution was passed by the following recorded vote: Aye - S. Roger college records are correct and in order. The law enforce- ment officer must provide proof, in the form of transcripts or official records, of courses attempted and satisfactorily completed. If any questions arise with regard to courses and grades it is the responsibility of the law enforcement officer involved to resolve the questions with the appropriate college or university. V INCENTIVE PLAN All law enforcement officers must take courses on their own time. Class hours and shift schedules may be adjusted to per- mit additional education. If such a change is requested, the Frederick County Sheriff will decide the feasibility of the request. (a) Incentive St An officer will receive incentive pay after the completion of 16, 32, 48, 64, 80, and 97 quarter hours as follows: QUARTER HOURS Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malc and Dennis T. Cole. Exist r Commission Dissol - Highway Sa on Reconstituted l J • 1 • L, 261 Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein dissolve the existing Frederick County Highway Safety Commission; and, BE IT FURTHER RESOLVED, That the Board does herein direct that the Frederick County Highway Safety Commission be reconstituted; that the new Commission be compo of seven (7) members, one from the Frederick County Sheriff's Department, one from Winchester Volunteer Rescue Squad, and one member from each of the five magisterial districts. 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 Dennis T. Cole. Mr. Koontz requested the Board members to endeavor to have an appointment from their respective districts at the next board meeting. Appropriation Transfer - Commonwealth Attorney Equipment - Approved Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors, that the following u • appropriation transfer within the 1976 -77 General Operating Fund Budget is hereby authorized: Transfer From 18- 018E -299B Reserve for Contingencies $1,300.00 Transfer To 19 -005C -499 Two -Way Radio $1,300.00 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 Dennis T. Cole. VIRGINIA LAKESIDE SEWER AND WATER COMPANY - CERTIFICATE OF CONVENIENCE AND NECESSITY Mr. Renalds presented a resolution of approval of the certificate of convenience U 1 and necessity of Virginia Lakeside Sewer and Water Company. Mr. Malcolm requested tha a copy of the map showing the service area approved be kept on file in the County Ad- ministrator's Office so that there would be no misunderstanding in the future as to what has been approved by the Board. Mr. Joseph Massie, Attorney representing Vir- ginia Lakeside Sewer and Water Company, agreed with this request. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, Whereas, the application of Virginia Lakeside Sewer and Water Company to this • Board, pursuant to ®56 -265.3 of the Code of Virginia, for 1950, was presented to this Board for an increase in allotment of territory to take in an additional portion of t Ralph M. Wakeman and Mae C. Wakeman property by service of said utility company, and it appearing to the Board of Supervisors that said application for an increase in all of territory is in accordance with said code section and is in the public inter- est and not in conflict with the plans of the Sanitation Authority of Frederick Virginia. NOW, THEREFORE, BE IT RESOLVED, That the Board of Supervisors of Frederick i does hereby grant its consent for the filing of an application of said utility with the State Corporation Commission for an increase in the size of its allotment ritory as shown on its plat to be filed with the said commission. The above resolution was passed by the following recorded vote: Aye - S. Roger Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, Dennis T. Cole. 262 tion was started, said refund to be in the amount of $44.95. The above resolution was passed by the following recorded vote: Aye - S. Roger REQUEST FOR BUILDING PERMIT REFUND - HARRY HICKS - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a refund of fifty (50) percent of the original fee for a building permit issued to Mr. Harry Hicks inasmuch as the project was abandoned before constru ' Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. MONTHLY STAFF REPORT - ACCEPTED After review, the monthly staff report was accepted. AN ORDINANCE TO AMEND AN ORDINANCE TO PROVIDE FOR PRECINCTS, ESTABLISH BOUNDARY LINES, • NAME EACH PRECINCT AND ESTABLISH POLLING PLACES FOR EACH PRECINCT The following ordinance was read on first and second reading: AN ORDINANCE TO AMEND AN ORDINANCE ENACTED ON JUNE 28, 1971 TO PROVIDE FOR PRECINCTS, TO ESTABLISH BOUNDARY LINES OF PRECINCTS, TO NAME EACH PRECINCT, AND TO ESTABLISH A POLLING PLACE FOR EACH PRECINCT DIRECTIVES AS A RESULT OF COMMITTEE RECOMMENDATIONS TO BE SENT TO BOARD Mr. Malcolm suggested that copies of directives passed by the Board as a result of committee recommendations, be sent to each of the Board members so that they might be kept informed. The Board concurred with this suggestion and requested the County Administrator to so establish this policy. DISCUSSION OF MINUTES TAKEN IN EXECUTIVE Mr. Malcolm suggested that perhaps the minutes taken in executive session should be typed up and kept on file for informational purposes. Following a short discussion, the Board agreed to consider this request further. TENTATIVE JOINT MEETING WITH CITY COUNCIL SET FOR THURSDAY, SEPTEMBER 16, 1976 TO DIS- CUSS COURT FACILITIES Mr. Koontz announced that a tentative joint meeting with City Council and the • Board of Supervisors has been set for September 16, 1976 To Discuss the need for court facilities for both jurisdictions. , DELINQUENT TAX LIST FOR 1975 PRESENTED TO BOARD FOR REVIEW Mrs. Dorothy Keckley, Frederick County Treasurer, presented the delinquent real estate and personal property tax list for 1975 to the Board and stated that after the list is reviewed by the Board it will be filed in the office of the Clerk of the Cir- cuit Court. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE I • BOARD OF SUPERVISORS DO NOW ADJOURN. retary Bd. of Supervisors A Special Joint Meeting of the Frederick County Board of Supervisors and Winches er City Council was held on September 16, 1976 at 7:30 P.M. in Council Chambers, Rous City Hall, Winchester, Virginia. PRESENT: Board of Supervisors - S. Roger Koontz, Chairman; Thomas B. Rosenberge Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; Dennis T. Cole and J. O. Renalds, III, County Administrator. 1 %ow City Council: Stewart Bell, Mayor; William Mote; William Keyton; Effie Davis; Thomas Glass; Thomas Kremer, Jr.; William Shendow; Roy Bayliss; George Garber; IL. Seldon, City Manager. News Media: Dianne Kimball, Winchester Evening Star; Pam Bell, W.H.P.L. Radio; Tom McCabe, Winchester Evening Star; and Joni Balah, WINC Radio. Mayor Bell called the meeting to order. WAIVER OF NOTICE OF SPECIAL MEETING We the undersigned Members of the Board of Supervisors of Frederick County, Vir- • ginia, the Commonwealth Attorney and Clerk of the Board do hereby waive Notice of Special Meeting to be held on Thursday, September 16, 1976, at 7:30 P.M. in City Council Chambers, Rouss City Hall, Winchester, Virginia, for the following purpose: 1. Discussion with Winchester City Council of court facilities. /s/ S. Roger Koontz S. Roger Koontz Chairman /s/ Thomas B. Rosenberger Thomas B. Rosenberger Vice Chairman Back Creek District • /s/ Raymond L. Fish Dr. Raymond L..Fish Gainesboro District /s/ Will L. Owings Will L. Owings Opequon District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney • ATTEST: /s/ J. O. Renalds, III J. 0. Renalds, III Clerk of the Board of Supervisors Mr. Seldon indicated that the meeting was for the consideration of court facili- ties re: communications from Judge Woltz. Mr. Koontz indicated that mutual concerns of courts were both a city and county problem. Judge Woltz stated he was interested in Courts and Clerks' facilities; that his • authority was limited to getting adequate facilities, but not to making localities work together. He stated there was need for Circuit and District courts and Clerks' offices. The following inadequacies in the present court facilities were presented by Judge Woltz: 1. Security of court rooms, judges chambers need additional facilities, improvement in jury.room, res are inadequate, no witness rooms or holding cells, conference rooms for attorneys and their clients. 2. Problem of two circuit courts sharing the same Courtroom. 3. Problem of 4 District Courts (2 General District and 2 Juvenile & Domestic Relations) currently using the County Courthouse. Judge Woltz advised that the most desperate situation is the City Clerk's office. He added that the County Clerk's office is now beyond its reasonable capacity and will need space desperately in the very near future. Judge Woltz said that he understood financial problems and limited revenue r.� and that perhaps they could made do for another 3 to 5 years, but we need to start planning now. The Judge stated that Court facilities probably take precedence only over jails which is probably at the bottom of the list. Mr. Koontz advised that the County has problems other than Court facilities such as schools, County office facilities plus court facilities and that time is a factor with County priorities being schools, courts, water and sewer and recreation. The following items were discussed briefly: 1. Do we need joint facilities. 2. Are our priority times close enough to allow this to be done. 3. Location 4. Financing 5. If the County uses facilities outside the city, would the city be in- terested in locating there. Mr. Shendow stated that he felt we should concentrate on Courts at this meeting and he asked the following questions: 1. Do we want a joint study committee? 2. If so, we should give guidelines to this study committee. Mr. Mote pointed out that the Walton Madden Cooper study is the most current feasibility study. Judge Woltz expressed concern over studying a complete administration complex i asmuch as this would take a great deal of time and courts would fall by the wayside. Further this would be quite expensive and he would not like courts to lose out due to City and County's inability to get together. Mr. Koontz said the County should face all problems at once rather than Mr. Bayliss asked Judge Woltz to elaborate on the County Courthouse inadequacies, The Judge stated both City and County courtrooms are inadequate for current usesl and a minimum request would be 2 Circuit Courtrooms, 1 General District Courtroom, 1 Juvenile and Domestic Relations Court Courtroom. Mr. Glass pointed out that room to expand City and County Court facilities withi current buildings might be gained by reshuffling other offices in the City or County. Mr. Seldon stated the possibility of using the 3rd floor of City hall for City offices could be considered very realistically in the near future. Mr. Seldon stated) that the City's priorites are: 1. Schools 2. Library 3. Regional wastewater plant 4. Administration offices and court facilities 5. Streets and airports Dr. Jones suggested the use of Courts at additional hours other than those cur- rently set. He advised that courtrooms are vacant many hours just as operating rooms and maybe greater utilization of existing facilities would be feasible. Mr. Rosenberger questioned whether it would be advisable for the City and County to each decide what to do and then meet. He added that he felt this meeting was pre- mature. Mr. Cole said we should consider a jail along with Courts and Administration Building. Judge Woltz explained the Department of Corrections suggestions on regional ap- proach to jails: 1. Warren hold untried males - -- --I[ - -- - - 265 2. Frederick hold sentenced males 3. Clarke to hold juveniles and females. Mr. Owings advised that this idea has been postponed. Mr. Glass asked what the County needs were for an administration building and Mr. ' IKoontz outlined the possibility of James Wood being used as an administration buildi Mr. Glass asked if the City- County downtown complex would be acceptable to the County, and Mr. Koontz said he wouldn't object personally. Mr. Glass said he would favor it. Mr. Garber asked if the County would want to build a joint City- County Court c plex only and Mr. Koontz said he would favor it. Mr. Seldon stated a joint facility might be more acceptable to EDA funding. • I He pointed out that moving the Courts and Clerk to another building would arily alleviate City Hall building facilities. He mentioned John Kerr as court facil ities, but advised that it is presently under control of trustees. Mr. Garber suggested the possibilities of state and federal funds for jail and courthouse facilities and advised that Shenandoah County had received Civil Defense funds and LEAA funds for construction of their Courthouse. Mr. Seldon listed the following city project priorities: 1. Handley renovation - $5.75 million - 2 years 2. Handley Library renovation - $1.2 million - 1 year • 3. Wastewater treatment plant (FWSA) $ ? - ? 4. Office facilities - $? - 2 -3 years Mr. Glass suggested joint court facilities immediately and consider later the administrative facilities. There followed a general discussion regarding possibility of joint court facili- ties. Dr. Fish asked the following questions: ground. He added that the County Courthouse would be adequate for either the General District Courts or the Juvenile and Domestic Relations Court. Judge Woltz advised that John Kerr would not hold 2 Circuit Courtrooms and both • clerk's offices. Mr. Seldon advised that the County study recommended 1 Circuit Courtroom, 1 clerk's office and 1 General District Courtroom were needed (25,000 sq. ft.) and John Kerr ha only 20,000 sq. ft.. Mr. Mote suggested that a City committee and County committee study the situat and then the two committees confer together. There being no further business the meeting was adjourned. retary Bd. o s A Regular Meeting of the Board of Supervisors of the County of Frederick, Vir- 1. Should we abandon the current courtroom or utilize it somehow. 2. If we do not get federal money our priorities may change and the sense of urgency may diminish. • Mr. Garber suggested investigating the possibility of altering the current Count and City facilities to provide Court facilities and if that is not feasible perhaps ' other should be explored. possibilities Judge Woltz suggested that the County and City independently study alternatives, finances, and time frames and then see if jointly there is a possibility of common ground. He added that the County Courthouse would be adequate for either the General District Courts or the Juvenile and Domestic Relations Court. Judge Woltz advised that John Kerr would not hold 2 Circuit Courtrooms and both • clerk's offices. Mr. Seldon advised that the County study recommended 1 Circuit Courtroom, 1 clerk's office and 1 General District Courtroom were needed (25,000 sq. ft.) and John Kerr ha only 20,000 sq. ft.. Mr. Mote suggested that a City committee and County committee study the situat and then the two committees confer together. There being no further business the meeting was adjourned. retary Bd. o s A Regular Meeting of the Board of Supervisors of the County of Frederick, Vir- ginia, was held on September 22, 1976, 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 Dennis T. Cole. Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the minutes of the Regular Meeting of this Board held on September 8, 1976 as submitted. APPROVAL OF MINUTES JOINT PUBLIC HEARING WITH law.lU ION RE: DISCUSSION OF Mr. Langdon Gordon, Chairman of the Planning Commission, introduced Mr. H. Rona Berg, County Planner, who presented a brief introduction of the proposed Land Use P1 describing the concept, goals and objectives of said plan. Mr. Gordon stated that the Planning Commission had worked jointly with the Board of Supervisors to develop a Land Use Plan to be used as a guideline and that this would be one chapter in a comprehensive plan for Frederick County. Mr. Koontz thanked Mr. Gordon and Mr. Berg for their remarks and then explained the guidelines to be followed during the Public Hearing. He then called for comments) Mr. Alfred Snapp appeared before the Board in support of the proposed Land Use Plan. He presented a petition containing 34 signatures of County residents who were in favor of the adoption of the Land Use Plan. Mr. Tom Glass appeared before the Board in support of the Land Use Plan. He stay, ed that the area around Stonebrook Subdivision has been omitted from the Land Use P map and requested that this be considered before the adoption of the Plan and placed on the map. Mr. Wes Peterson appeared and asked if the Planning Commission and Board felt Plan was so constructed so as to prevent annexation by the City in the future. Mr. before the Board and stated that the Association is concerned about the Mr. Cliff Hupp of the Audubon Society appeared and requested that provisions be itten into the Land Use Plan for the protection of wildlife and wetland areas. Dr. William Houck appeared before the Board and stated that one of the County's of the expansion of water and sewer and that they felt these controls are an essen ingredient of the Land Use Plan. Mr. Richardson stated that the Taxpayers Associa supports the concept of the Land Use Plan but feels the Plan should contain the f from the public. Gordon stated that this was considered in the development of the Plan but was not the ime consideration. Mr. Don Richardson, President of the Frederick County Taxpayers Association, ap- ial impact on the County. Mrs. Laura Pifer appeared before the Board representing the Frederick County En- vironmental Council and presented a prepared statement, a copy of which is on file in the County Administrator's Office, offering several recommendations and suggestions the proposed Land Use Plan. Several of these recommendations were word changes or leletions which the Council felt were not necessary. It appeared that the council's in objection was the recommended five acre lot size as opposed to a three acre lot size. greatest assets was the rural life style its residents enjoy. He asked if the Plan strong enough that the Board felt they could follow it without amendments. , 111 i • L • 267 i L n LJ L� 1 U LI Mr. Malcolm stated that he felt once the Plan is written in such away that one feels they can support it, they will be willing to back it; however, this doesn't mean the Plan can not be amended. Mr. Owings stated that this is not a binding plan but rather a guideline that he felt sure the Board would follow once adopted. Dr. Fish stated that ultimately, the way Frederick County looks twenty five from now depends upon the intent and integrity of the people involved in the govern- ment. He stated that he felt this Board and the Planning Commission are in agreement with the desires expressed by Dr. Houck and this plan will give the Board and Commis- sion support to fall back on and a course to follow that will lead to the kind of future we want in Frederick County. Mr. Rosenberger stated that any plan adopted will serve some injustice to some people. He added that even if the guidelines of the Land Use Plan are followed, it 11 be by no means the final decision of the Board. Mr. Garland Cather appeared before the Board and requested that the Round Hill area be considered for water and sewer facilities he stated that he was speaking as a representative of the Community of Round Hill consisting of 170 people in one square mile. Mr. Cather stated that he personally objected to the five acre lot size and the taxes on agricultural land in the County. He stated that he would like to be able to sell off a lot from his farm occasionally to help defray expenses. Mr. Jim Moyer appeared before the Board and stated that he felt approval of the Land Use Plan should be delayed inasmuch as there are several contradictions therein. He stated that he felt a financial statement should be provided with the Land Use Pla showing how the County Government and /or Developer will pay for growth. Mr. Moyer re quested that the environmental impact statement be amended to read, "an application should be approved by the Commission and Board unless they find the proposed develop- t detrimental to the public health, safety, general welfare, and the public's abil _ty to afford it, as set forth in Article 1, Section 1 ". He requested that the pro- luctive agricultural land be outlined on the Land Use Map. Mr. Rosenberger stated that he felt the Land Use Plan should provide much more solid reasons for denial of rezoning requests than the Board now has. The Board recessed for 15 minutes. Dr. Muriel Brown appeared before the Board and stated that a Land Use Plan is an .ttempt to establish a context in which a process can go on; it is not a prescription `or all of the ills of Frederick County. She stated that development is a process , hich goes forward through the continuous, creative solving of problems and issues as .hey arise and the financial questions that worry so many people are related to these .ot to the overall general statement of guidelines. Mr. Delmar Robinson appeared before the Board and presented a prepared statement n opposition to the proposed Land Use Plan, a copy of which is on file in the County nistrator's Office. Mr. Robinson stated that according to the proposed Land Use Plan and Map, most of the residential development had been concentrated in a single area of the County east of and adjoining the City of Winchester. He stated that he objected to this portion of the Plan inasmuch as it would cause an unbalanced growth in the community and result in a relocation of the magisterial districts with the ma- jority of the population in a very small section of the County. Mr. Robinson request ed that the area west of Winchester be included in the Land Use Plan as a residential district which he felt was far more desirable than the area east of Win- ter. ME Mr. Sam Lehman appeared before the Board and stated that he felt cities should b incorporated to provide the services that are regional. He further added that he was in favor of a three acre lot size. Mrs. Margaret Keesling appeared before the Board and stated that she lives on Route 11 and at the present time is located in a residential zone: that according to ' the proposed Land Use Plan this area would be zoned industrial. She stated that she was concerned that should this plan be adopted, her home would be in the middle of an industrial park. Mrs. Keesling further stated that the Stine home, located in this area, is one of the most beautiful historic homes in the County and should be protectid. The Board recessed for fifteen minutes. Mr. Lang Gordon stated that the points and input received at tonight's meeting would be considered at the next regular meeting of the Planning Commission and at thi • meeting the Commission would vote either to approve or disapprove the Land Use Plan for recommendation to the Board of Supervisors. Mr. Koontz thanked the Planning Commission and the public for their participation in this hearing and stated that the Board would consider all of the suggestions made and act upon the Land Use Plan after recommendation from the Planning Commission. BOND RELEASE - ALBIN ACRES - APPROVED ' Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia, does herein approve the release of the bond currently held on Albin Acres Sub- division in the amount of $2,457.60 for the completion of Thwaite Avenue in accordanc with a letter from the Virginia Department of Highways and Transportation dated Septem- ber 3, 1976, stating that Mr. C. Robert Solenberger has posted bond guaranteeing work manship and materials on said street for a period of one year. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. BOND RELEASE - STONEBROOK FARMS, SECTIONS I, II, III, AND V - APPROVED • Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the release of the following bonds on Stonebrook Farms Sub- division in accordance with a letter from the Virginia Department of Highways and Trans- portation dated August 25, 1976 stating that said roads have been accepted into the secondary highway system: 1. Section I - no bond 2. Section II - amount $15,000 3. Section III - amount $15,000 4. Section V - amount $5,925 • 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 Dennis T. Cole. I - _ J- CITIZENS CONCERN Report of Fish Kill in Opequon and Abrams Creeks Mr. Koontz stated that he had a great deal of concern expressed to him regarding , a recent fish kill in the Opequon and Abrams Creek. He stated that he had investigat led this matter and the State Water Control Board is currently in the process of Imining the cause and whether or not any enforcement action is necessary. Mr. Cole stated that he too was aware of this incident and that the kill was quite massive. 269 Request to Sc sion of James and to Consider Construction of Four Year H o County Complex - Approved School and Conver -I Dr. Fish stated that he felt in order to properly facilitate the application forl • federal funds under EDA the Board should take some firm action in order to give quid -1 lance to the School Board in regard to the school situation. There followed a lengthy discussion regarding the various alternatives studied and Mr. Owings and Mr. Rosenberger presented a report from the committee appointed to study these alternatives and the cost involved for each. The concept of a two year school versus a four year school was discussed with Mr. Rosenberger and Mr. Owings strongly favoring the two year school concept. Mr. Malcolm stated that he had made the statement at budget time that this Board had not seriously considered the fiscal responsibility this County must face. He add- ed that this Board has inherited many problems as a result of things not being done in the past. Mr. Malcolm stated that any further delay would be quite expensive and he would hope that Dr. Fish's plan might enable the County to catch up and keep abreast of the projects necessary in the County. Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia, does herein request the Frederick County School Board to consider the erection of a 9 through 12 grade high school on the Apple Pie Ridge site so that the present James Wood High School could be used for the use of this Board and for other facili- ties of the County government, contingent upon'the acquisition of federal funds under the local Public Works Development Program; and, BE IT FURTHER RESOLVED, That this motion shall direct both boards (Board of visors and Frederick County School Board) to proceed immediately with preparations necessary for filing an application for said federal funds. The above resolution was passed by the following recorded vote: Aye - S. Roger r1 U 1 Koontz, Dr. Raymond L. Fish, Dennis T. Cole, and R. Thomas Malcolm. Nay - Thomas B. Rosenberger and Will L. Owings. Request for House Numbering in the County Mr. Don Richardson appeared before the Board and requested that the Board consid er a study to provide a house numbering system in the County in order to assist the fire companies in their response for assistance. Mr. Cole stated that this has been done through the Lord Fairfax Planning Distri Commission. Mr. Renalds stated that the study is complete but has not yet been implemented. APPOINTMENTS - HIGHWAY SAFETY COMMISSION - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the following appointments to the Highway Safety Commission Stonewall District - Arthur Bragg Shawnee District - Forrest E. Sirbaugh, Jr. Opequon District - Neil Stallings Sheriff's Department - Sheriff Carroll T. Mauck Winchester Volunteer Rescue Squad - David Zarefoss The above resolution was passed by the following recorded vote: Aye - S. Roger 1 Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Thomas B. Rosenberger was absent at the time of this vote. SHERIFF'S DEPARTMENT - APPROPRIATION TRANSFER - APPROVED Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia 2.7 0 that the following appropriation transfer within the General Revenue Sharing Budget for the fiscal year 1976 -77, is hereby approved: Transfer From 19- 010__ -607 Sanitation Suthority Projects $9,000.00 Transfer To 9 -006A -499 Radios and Related Equipment $9,000.00 The above resolution was passed by the following recorded vote: Aye -- S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Thomas B. Rosenberger was absent at the time of this vote. REQUEST OF JUVENILE & DOMESTIC RELATIONS COURT FOR AMENDMENT TO PURCHASE EQUIPMENT - TDDD/1VDll Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the request of the Juvenile and Domestic Relations Court for funds in the amount of $67.00 for the purchase of dictaphone equipment, said a- mount representing the local share of said purchase; and, BE IT FURTHER RESOLVED, That this Board does herein repeal its action taken on July 14, 1976 wherein the amount of $53.75 was approved for the purchase of court security equipment. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Thomas B. Rosenberger was absent at the time of this vote. BUDGET ADJUSTMENT - CETA TITLE II FUNDS - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, WHEREAS, The County of Frederick has been notified that the federal CETA Title I program has been extended thru December 31, 1976; and, WHEREAS, It is the desire of this Board to continue participation under this gram, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following 1976 -77 budget adjustment is hereby authorized to accept CETA Title II funds in the amount of $12,655.79: Increase Revenue Estimate 05 -6800 $12,655.79 Increase General Fund Appropriations 18 -018I -123 $12,655.79 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Thomas B. Rosenberger was absent at the time of this vote. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. of Supervisors A Special Meeting of the Frederick County Board of Supervisors was held on Mon- Winchester, Virginia, with members of the Frederick County Board of Education. PRESENT: Board of Supervisors S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. day, September 27, 1976, in the Board of Supervisors' Meeting Room, 9 Court Square, • • • 1 • 271 Board of Education Ray E. Boyce, Chairman; Roscoe D. Bowers, Vice Chairman; John T. Solenberger; Robert E. Aylor, III; and W. Eugene Larrick. Chairman Koontz called the meeting to order. WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned members of the Board of Supervisors of Frederick County, V ginia, the Commonwealth Attorney and Clerk of the Board do hereby waive notice of Special Meeting to be held on Monday, September 27, 1976, at 7:30 P.M. in the Fred- erick County Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, for the following purpose: 1. Joint Meeting with Frederick County School Board • /s/ S. Roger Koontz S. Roger Koontz Chairman /s/ Thomas B. Rosenberger Thomas B. Rosenberger Vice Chairman Back Creek District /s/ Raymond L. Fish Dr. Raymond L. Fish Gainesboro District /s/ Will L. Owings Will L. Owings Opequon District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth's Attorney • 1 ATTEST: /s/ J. O. Renalds, III. J. 0. Renalds, III Clerk of the Board of Supervisors APPROVAL OF SCHOOL BOARD PROPOSAL TO BUILD TWO YEAR HIGH SCHOOL Mr. Boyce, Chairman of the Frederick County Board of Education advised the Board of Supervisors that the School Board had met and studied the proposal of the Board to build a four year high school on the Apple Pie Ridge site. He stated that the School Board had decided that this proposal would not be feasible and therefore would con- tinue with plans for a two year school. He then presented a letter to each of the Board members setting forth the position of the School Board. There was discussion as to why James Wood could not be used as a four year high • school or as a school for the 11th and 12th grades with Dr. Wright stating that the , which has recently been renovated, was not planned for a four year school and d not have adequate facilities for an 11th and 12th grade school. He advised tha present athletic facilities at James Wood could be utilized until the new facili- are completed. Mr. Koontz stated that he was concerned that perhaps the plans were being based on finances than on education. He asked if the Board of Education felt a two i r high school would be as beneficial educationally as a four year school wou Dr. Wright stated that his answer would be a resounding yes. He added that 1 school systems had been explored and studied and in his opinion this type system offer an almost imcomparable educational opportunity for the county students. Mr. Solenberger stated that the decision of the School Board was not reached on 272 financial basis but on an educational basis. He stated that after studying all aspect's of various systems, he was in favor of the two school concept. Mr. Aylor agreed with Mr. Solenberger and stated he felt the present plan was both financially and educationally sound. A discussion ensued regarding the expected number of years the proposed system ' would serve the County and Mr. Boyce stated that they could not put a definite date on this question inasmuch as they could not project the permitted growth.of the County. Dr. Wright stated that regardless of what type system is built, other school needs will be indicated in the next ten years unless growth stops suddenly. Mr. Rosenberger advised that he had received a great deal of public reaction after the request of the Board of Supervisors to consider building a four year high school. He stated that he felt education could not be judged by money but by the sam • token the Board must stop at a point the County can afford. He added that he would support the plan approved by the School Board and it would be the responsibility of the Board of Supervisors to finance it. Dr. Wright stated that he had a letter from the State Director of School Buildings in the State Department of Education who is familiar with the James Wood building stat ing that he felt the School Board's proposed plan was the very best thing we could do both educationally and financially. ' Mr. Koontz asked if this plan would have an adverse effect on exceptionally gift- • ed students who must cross grade levels and Dr. Wright stated that this is a problem that is logistics and is not insurmountable. Financing was discussed and Mr. Koontz advised that the Board must certify on the EDA application that the remaining funds necessary to complete the project are immedi ately available. Mr. Cole stated that he felt the Board should make a decision and proceed as quickly as possible on the project inasmuch as delay, because of inflation, would cause the project to become more and more expensive. Mr. Malcolm requested information on how the funds not received from EDA would be obtained and Dr. Wright explained the procedure which must be followed to float bonds • through the Virginia Public School Authority. He also added that the perhaps one million dollars of local funds and /or revenue sharing funds could be pledged to this , project to keep the bonding aspect as low as possible, and an estimate of what might be left in the present building program is $150,000. Mr. Owings stated that he was not optimistic about receiving federal funds and asked what would happen if these funds are not received. Dr. Wright answered that more bonds would have to be sold. He then described the pay -back schedule on bonds. • Mr. Boyd, Director of Accounting, stated that using ball park figures, you could estimate a tax increase of about 10q for every $100,000 of additional debt. Dr. Fish stated that he had been opposed to a two - school concept from the begin- ning; that he was concerned about the decline in education and felt this type system would only add to the problem. He then read a section of a report from a educational seminar setting forth the problems being encountered in education and the apparent de- cline in the learning process of students. Dr. Wright replied that this is a national program and does not necessarily apply , to the students in Frederick County. Dr. Fish stated that he is aware that we need a new school in the County but is opposed to the School Board's plan. He stated that he felt it would be most benefi- cial to have a second high school in the County inasmuch as we know we will need one . 273 in the near future. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the plans of the Frederick County Board of Education to struct a new high school on the Apple Pie Ridge site for grades 11 and 12; and, BE IT FURTHER RESOLVED, That the Board of Supervisors does herein agree to apply for funds through the Economic Development Act of 1976 to assist in the financing of said project and does further covenant that any and all funds not received through t Economic Development Act of 1976 shall be made available by the Board of Supervisors through local funds, Virginia Public School Authority bonds and literary loan funds. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Nay - Dr. Raymond L. Fish. EDA PRIORITIES RE- ESTABLISHED Mr. Koontz requested the Board to reconsider the list of priorities for filing 1 n U applications for EDA funding inasmuch as the number two priority, court facilities, would be impossible to meet the requirements under the Act of 1976. Mr. Cole and Mr. Rosenberger objected to this 'suggestion. Mr. Renalds explained that requirements for filing the application for EDA funding would be impossible to meet for the court facilities project under the EDA Act of 1976 but perhaps an appli- cation under the Act of 1965 might be considered. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein re- establish the list of priorities for filing applications for funding under the Economic Development Act of 1976 as follows: 1. Schools 2. Water and Sewer Projects 3. Recreation Projects • • 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 Dennis T. Cole. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Chairman Bd. of A, ervis r SeVretary of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on Octo- ber 13, 1976, at 7:00 P.M. 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 R. Thomas Malcolm. ABSENT: Dennis T. Cole. The Chairman called the meeting to order. The Reverend Anthony Wadsworth of the Gainesboro Charge delivered the invocation APPROVAL OF MINUTES Mr. Rosenberger requested that a correction be made to the minutes of the Regu L. 11 Meeting of September 22, 1976, in the third paragraph, said paragraph to read, "Mr. Rosenberger stated that he felt the land use plan should provide much more solid 274 reasons for denial of rezoning requests than the Board now has ". The Board agreed with this correction. Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the minutes of the Special Meetings of this Board held on September 16, 1976 and September 27, 1976 as submitted and the Regular Meeting of thi�1' Board held on September 22, 1976 as 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, and R. Thomas Malcolm. HIGHWAY DEPARTMENT REOUEST FOR APPROVAL OF PLAN FOR ROAD WORK ON ROUTE 761 CARRIED IBLIC INPUT s & 2Z Mr. R. C. King appeared before the Board and stated that the Highway Department requests approval of the Board of Supervisors to make improvements to Route 761 (Old Charles Town Road), to eliminate the bridge over the railroad on said road and install a grade crossing with flashing signals. He advised that the original plan had been to improve the road and construct a new bridge over the railroad but the Highway De- partment was unable to obtain approval for an overpass from the B & O Railroad C There followed a lengthy discussion as to the safety of such a crossing and Mr. King stated that all other crossings in Frederick County are grade crossings and have not proved hazardous. Mr. Koontz stated that he was concerned about the safety of a grade crossing in this location and felt the Board should receive citizen input before reaching a de- cision on this matter. Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virg does herein direct that a public meeting be held in the Stonewall District to receive citizen input on the Highway Department plans to improve Route 761 and install a grad crossing with flashing signals and that said information be presented to the Board of Supervisors at their next regular meeting for consideration. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, R. Thomas Malcolm, and Dr. Raymond L. Fish. Nay - Thomas B. Rosenberger and Will L. Owings. REQUEST FOR PERMISSION TO CLOSE ROUTE 604 TEMPORARILY TO CONSTRUCT NEW DECK ON BRIDGE Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the request of the Highway Department to close temporarily Route 604, for one to two days, on the date of October 18th in order to construct a new deck on the bridge on said road. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. PLANS FOR ADDITIONAL ROAD WORK IN COUNTY - ACCEPTED Mr. King stated.,that at the end of each fiscal year the Highway Department is ad" vised of their financial status and this year the County had had a balance in their budget. He presented plans for additional road work to be done in the County with these surplus funds. The Board concurred with the Highway Department plans. • • • � J • 275 I HEALTH DEPARTMENT No report. F1 DOG WARDEN - REPORTS AND CLAIMS - HEADLEY & DICK - APPROVED The monthly reports of the Dog Warden and Assistant Dog Warden were accepted by the Board. Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That-the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the following claims for livestock kills: 1. Mrs. John Headley - Opequon District 3 Laying Hens at $2.50 each $7.50 2. Mr. Robert Dick - Stonewall District 4 Laying Hens at $2.50 each $10.00 • The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. LAND USE PLAN - APPROVED Mr. Berg presented a copy of the Land Use Plan certified to the Board from the \J Planning Commission and copies of the materials reviewed by the Planning Commission at their last meeting. He briefly reviewed the changes made to the plan by the Planning Commission fol -I lowing the public hearing held by the Board of Supervisors on September 22, 1976. Mr. Koontz stated that as he understood it, the Land Use Plan is a guide to what) the people in the County and the leadership of the County would like to see over the next several years. He added that the plan must be reviewed and up dated every five years and can be changed at any time if there is sufficient cause to make such a change. He stated that the Land Use Plan is a guide and is not law. Mr. John Pickeral alpeared before the Board in support of the Land Use Plan and urged approval of the same. Mr. Garland Cather appeared before the Board and requested that-the Round Hill • County. section of the County be included in the water and sewer plans for development in thel Mr. Koontz explained that if the County approves an area for development then County can be forced to provide the services for that area and the'Board must be c ful not to draw too large a circle for development. He added that the Board could be faced with a very heavy burden should they be forced to provide services to a very large area. Dr. Fish stated that he was concerned that the political strength might be con- 0 centrated in too small an area and he could see a similar situation as that in Loudou County if the County develops as it is set forth in the Land Use Plan. Dr. Fish stat ed that if we are going to provide school facilities in the northwest section of the County and plan development in the southeast section, we area going in two different directions. Dr. Fish stated that he felt the plan was needed but hoped the Board would not plan themselves right out of business. Mr. Rosenberger stated that he was very much in favor of the three acre lots in- stead of the five acre lots. He stated that he agreed that we should have a Land Use Plan but was against the one before the Board tonight. He added that he felt there were lots of things that would have to be corrected and amended as we go down the roa He added that he wanted to go on record as being against the plan as it is written to night but at this time does not have a cure for said plan. He stated that he felt a lot of work would have to be done on the plan, and this work would have to be done be 276 fore five years has passed. He added that he felt the Board should approve the plan as it is now set up to get the show on the road. Mr. Owings stated that he had not been involved with the Land Use Plan for too long a time but he wanted to express his admiration and thanks for the fortitude and work put forth on said plan by the Planning Commission. He added that he felt change would have to be made to the plan as time goes on and it did not matter how many time it was sent back to the Planning Commission, everyone would not approve the plan; som one would have some objection. Mr. Malcolm stated that he too would like to thank the Planning Commission for their work on the Land Use Plan. He stated that he also felt the County should not become politically unbalanced but felt there were ways to deal with this. He added that he was in favor of the plan and was aware that some people would be benefited an others slighted by the plan but that it must be based on economics and practicality. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the Land Use Chapter of the Frederick County, Virginia Com- prehensive Plan as presented this date and certified by the Frederick County Planning Commission, said Land Use Plan to be placed on file in the County Administrator's Office and the Office of Planning and Development. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. QUARTERLY MEETING WITH FREDERICK COUNTY SANITATION AUTHORITY Mr. Jim Diehl, Chairman of the Frederick County Sanitation Authority, appeared before the Board and presented a brief update of the Authority's water and sewer pro- ject, stating that the lines are 60% complete and the plant is 80% complete. Mr. Diehl advised that the plant should be in operation by January 1977 and everything is on schedule except the Greenwood Heights area. Mr. Diehl then turned the presentation over to Mr. W. H. Jones, Engineer -Direc of the Authority, who explained briefly the current projects and those for which they are applying for funding through EDA and HUD. Theret lowed a short discussion regarding the priorities set by the Board and th amount of funds applied for. Mr. Koontz explained that even though the Board has set their priorities, this does not mean that EDA funds will be approved in that order; that there is a possibility, for example, that priority three might be approved and not the first priority. Mr. Rosenberger stated that it bothers him that the governing body sets their priorities and then someone else can come along and change them. IATION EXPRESSED TO S. ROGER K OONTZ FOR HIS SERVICE TO THE SANITATION AUTHORITY Mr. Diehl presented a plaque carrying the American Waterworks Symbol to Mr. S. Koontz on behalf of the Sanitation Authority and expressed sincere appreciation to Mr. Koontz for his work and dedication to the Authority over the past several year • • • 1 C7 Mr. Koontz thanked the Authority for this recognition. RESOLUTION APPROVING PROJECTS FOR SUBMISSION OF GRANT APPLICATIONS TO ECONOMIC DEVELO I - , MENT ADMINISTRATION OF THE U. S. DEPARTMENT OF COMMERCE UNDER THE LOCAL PUBLIC WORKS CAPITAL DEVELOPMENT AND INVESTMENT PROPERTY PROGRAM - APPROVED Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board does hereby approve the following projects for submission of grant applications to the 2..77 Economic Development Administration of the U. S. Department of Commerce under the Public Works Capital Development and Investment Property program: 1. Senior Hic;h School I EDA Federal Funds $2,000,000 Local Funds 5,500;000 2. Water Facilities - Northern Loop, Route 11 North and Route 50 East EDA Federal Funds $1,240,000 3. Sewerage Facilities - Redbud Industrial, Battle Avenue and Route 50 East Interceptor EDA Federal Funds $ 780,000 4. Abrams Creek AWT Plant Expansion EDA Federal Funds $ 600,000 5. Frederick County Parks - Clearbrook and Stephens City Projects EDA Federal Funds $ 987,141 • BE IT FURTHER RESOLVED, That the Board does hereby certify to the below listed assurances: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the applica- tion,'_inbluding all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the applica- tion and to provide such additional information as may be required. 2. I shall comply with the provisions of: Executive Order E. 0. 11296, relating to evaluation of flood hazards, and E. 0. 11288, relating to the prevention, control, and abatement of water pollution. 3. If the requested financial assistance is for a supplementary grant to another Federal Agency, the other Federal Agency's financial assis- tance has been approved and is immediately available and sufficient funds shall be available when construction is completed to assure ef= fective operation and maintenance of the facility for the purposes constructed. 4. It shall submit to the appropriate Federal agency for prior approval changes that alter the costs of the project, use of space or function- al layout; that it shall not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant program(s) has(have)'been met::. 5. It shall provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications, that it shall furnish progress reports and such other information as the Federal grantor agency may require. • 6. It shall operate and maintain the facility in accordance with the min- imum standards as may be required or prescribed by the applicable Fed - eral, State and local agencies as to the maintenance and operation of such facilities. 7. It shall give the grantor agency and the Comptroller General through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant, for the en- tire time period beginning with project approval and ending three years after the final disbursement of grant funds. r 1 LJ 8. It shall require the facility to be designed to comply with the "Amer- ican Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped," Number A117.1 -1961, as modified (41 OFR 101 - 17.703) and 13 CFR 309.14. The applicant shall be responsible for conducting inspections to insure compliance with these specifications by the contractor. 9. It shall cause on -site labor on the project to begin within 90 days after receipt of notification from the approving Federal agency that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. It further understands that after approval of the project the Government can,at its option, cancel its obligation to provide funds for the project if the applicant is unable for any reason to cause on -site labor on the project to begin within the 90 -day period. 10. Construction of the project has not started. 278 • 1 • • 1 • 11. It assures that as a Recipient receiving Federal financial assistance from the Economic Development Administration, it shall comply with Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et sue.); E. O. 11246 as amended by E.O. 11375, the requirements imposed by or pursuant to Regulations, issued for the Department of Commerce and designated as 15 CFR Subtitle A, Part 8; Section 110, P.L. 94 -389, and any amendments thereto. 12. It shall establish safeguards to prohibit employees from using their positions for a purpose that is, or gives the appearance of being motivated by a desire for private gain for themselves or others, par those with whom they have family, business, or other ties. 13. It shall comply with the requirements of Title III of the Uniform Relocati Assistance and REal Property Acquistions Act of 1970 (P.L. 91 -646), 42 U.S.C. 4601 et se q. and 13 CFR Pait310, which provides for fair and equi- table treatment of persons displaced as a result of Federal and federally assisted programs. • 14. It shall comply with the provisions of the Hatch Act which limit the poli- tical activity of employees. 15. It shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 16. It shall comply with provisions of the Davis -Bacon Act, as amended (40 U.S. C. 276a- 276a -5). Such provisions include the payment of prevailing wage rates of the area as determined by the Secretary of Labor, to laborers and mechanics employed by contractors and, subcontractors for all con- struction undertaken in connection with this project. • 17. It agrees in the event this application is deemed approved by operation of law, pursuant to Section 107 of P.L. 94 -369, it shall be bound by the Standard Terms and Conditions used in the Grant Agreements for the Local Public Works program and such other requirements as EDA may reason- ably impose. 18. In accord with these assurances and without limiting the above, it agrees that these assurances shall be binding upon them, their grantees, assignees, transferees, lessees, and successors in interest. These assurances shall also be binding through every modification or amendment to the project. BE IT FURTHER RESOLVED, That the Board hereby: (1) certifies that the required r 1 1 clearances and permits will be granted for the above stated projects; (2) certifies that no funds budgeted and available or otherwise specifically committed for the projects applied for in the application shall be reduced, diminished, or replaced by funds requested in these applications; (3) certifies that for project number 1, Senior HIGH School, where local funds are required in addition to the EDA funds, tha the share of the financial assistance not applied for has been properly approved, is immediately available for the project, and that the project meets all applicable statutory and other relevant requirements of law; (4) certifies that construction of the projects has not been initiated; (5) certifies that the proposed projects relate to existing local and regional development plans and programs; (6) certifies that the proposed projects can be under construction within 90 days of project(s) ap- proval. The above resolution was passed by the following recorded vote: Aye - S. Roger .• Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. RESOLUTION APPROVING PROJECTS FOR SUBMISSION OF GRANT APPLICATIONS TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANTS PROGRAM - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board does hereby approve.the following projects for submission of grant applications 11 to the U. S. Department of Housing and Urban Development under the Community Development Block Grants program: 1. Burning Knolls /Greenwood Heights Water and Burning Knolls Sewer Facilities HUD Federal Funds $1,000,000 2. Frederick County Park Stephens City Project HUD Federal Funds $ 471,880 The above resolutions were passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. The Board recessed for ten minutes. REQUEST OF SHENANDOAH AREA AGENCY ON AGING TO LEASE ARMEL SCHOOL TO BE RETURNED TO BOARD FOR CONSIDERATION Mr. Will D. Pike, Director of Parks and Recreation, appeared before the Board with Mr. Michael Toht and Mr. Frank Howell of the Shenandoah Area Agency on Aging, and presented a request of the Agency to lease the Armel School for a period of two years for use as an office and distribution - storage center for foods to be distributed throughout the area. Mr. Pike stated that in lieu of money for the use of the building, the Agency would enter into an agreement whereby they would make certain improvements to the property over the two year period. He advised that the representatives had presented their proposal to the Parks and Recreation Commission and the Commission felt this could be worked out and perhaps the Recreation Department could work with the agency to provide programs for the elderly. Mr. Pike explained that at the end of the two year period a new agreement would have to be negotiated. Mr. Malcolm asked if it was legal for the Board to enter into such an agreement and Mr. Ambrogi advised that it was within their power to do so. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein agree to move in a positive fashion and lend support to the request of the Shenandoah Area Agency on Aging for use of the Armel School in order that the terms of an agreement for the lease of said property might be worked out and returned to this Board for consideration. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm PUBLIC HEARINGS REZONING REQUEST OF FRED L. GLAIZE, III AND ANN L. GLAIZE TO REZONE 149.960 ACRES MORE OR LESS IN STONEWALL MAGISTERIAL DISTRICT F ROM A -2 TO R -1 - APPROVED Mr. Berg presented the rezoning request of Fred L. Glaize, III, et ux, stating that the Planning Commission recommends approval of said request. Mr. Malcolm stated that in the staff comments it is set forth that this area will be served by Aylor Junior High School and this is not the case. He further stated that he did not see what benefit the number of vacant seats in the various schools would have in consideration of rezoning requests and that if information of this sort was to be set forth, it should be based on projected impact. Mr. Bill Tisinger appeared before the Board with Mr. Fred L. Glaize,,III in support of this request and described the location and proposed development of the property, stating that it would be developed as single family residences. • 1 • • 1 • u He described the plans for construction and maintenance of the roadway to the back of the property and stated that they were asking for approval of the rezoning request tonight, but would stand by the plat showing the five acre lots. Mr. Koontz asked if a purchaser of a five acre lot could then sell and acre 1 that you can not do this along a private road. Mr. Tisinger stated that in to another party and Mr. Berg stated that the Division of Land Ordinance stated the restrictive covenants it will be set forth that there will be no additional resubdivision of the lots. Mr. Malcolm asked if the people who purchase lots in the back of this sub- 0 division will understand that if the road is to be brought up to state standards and accepted by the Highway Department, it must be done at their expense. Mr. Tisinger replied that they would be made to understand this and it would be set forth in their deeds. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve on third and final reading the following rezoning request: ZMAP NO. 018 -76, FRED L. GLAIZE, III AND ANN GLAIZE, P.O. BOX 598, WINCHESTER, VIRGINIA, HEREBY REQUEST THAT 149.90 ACRES, MORE OR LESS, LOCATED NORTH OF BURNT FACTORY, FRONTING THE WAST SIDE OF ROUTE 664, AND NORTH SIDE OF ROUTE 660, NOW ZONED AGRICULTURAL, GENERAL (A -2) BE REZONED RESIDENTIAL, LIMITED (R -1) THIS PROPERTY IS DESIGNATED AS NO. 27 ON TAX MAP 45 AND IS IN STONEWALL MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye- S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings and R. Thomas Malcolm. REZONING REQUEST - JAMES E. AND C. FREDERICK WISECARVER TO REZONE 1.144 ACRES IN SHAWNEE MAGISTERIAL DISTRICT FROM R -1 TO B -2 - WITHDRAWN Mr. Koontz stated that a letter had been received from Mr. Benjamin Butler, • Attorney for James E. and C. Frederick Wisecarver requesting that their rezoning request be withdrawn. The Board concurred with this request and the petition for rezoning was withdrawn. AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE FREDERICK COUNTY CODE APPROVED Several sections of this ordinace were discussed and the following action was taken: Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia does herein direct that bounty on foxes and bobcats be retained in Section 5 -5 and all other animals be deleted. The above resolution was passed by the following recorded vote: S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Section 4 -12 - Dance Hall Permits was retained by the Board. Section 15 -2 was retained as amended by the 1976 Session of the Virginia General Assembly. ' II Section 15 -4 - Going Out of Business was retained by the Board. The Board agreed to delete the Street Lighting Ordinance. The Board agreed to retain the Ordinance to Save From Repeal the Industrial Development Authority. The Board agreed to delete the Ordinance to Create the Lower Shenandoah Valley Regional Park Authority. Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following ordinance, with amendments as set forth above. AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE COUNTY OF FREDERICK, VIRGINIA, ENTITLED "THE CODE OF THE COUNTY OF FREDERICK, VIRGINIA OF 1976 ", PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET FORTH. Be it ordained by the Board of Supervisors of the County of Frederick, Virginia: Section 1. There is hereby adopted by the Board of Supervisors that certain Code entitled "The Code of the County of Frederick, Virginia of 1976," containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 21, both inclusive, of which Code not less than three copies have been and are now filed in the office of the County Clerk. Section 2. The provisions of such Code shall be in force on and after October 13, 1976, and all ordinances of a general and permanent nature adopted on final reading and passage on or before January 14, 1976, and not contained in such Code are hereby repealed from and after October 13, 1976, except as hereinafter provided. Section 3. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before October 13, 1976; nor shall it affect any prosecution, suit or proceeding pending or any judgement rendered prior to October 13, 1976; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the County or authorizing the issue of any bonds of the County or any evidence of the County's indebtedness f or any contract or obligation assumed by the County; nor shall it affect any annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the County on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been con- summated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the County officers or employees; nor shall it affect any ordinance annexing territory to the County; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the County; nor shall it affect any ordinance relating to the zoning map; nor shall it affect any ordinance adopted on final r 1 L J C11 CIN C] J reading and passage after January 14, 1976; nor shall it affect any of the following ordinance or amendments thereto: the ordinance adopted June 6, 1974, entitled "An Ordinance to Adopt the Land Use Component of the Comprehensive Plan for Frederick County, Virginia "; the ordinance adopted March 10, 1976, entitled "An Ordinance for the Refund of a Portion of Utility Taxes Erroneously Assessed in the County of Frederick, Virginia:; the ordinance adopted October 24, 1967 entitled "An Ordinance Creating the Industrial Development Authority of the County of Frederick, Virginia." Section 4. Whenever in the Code adopted by this ordinance or any • other ordinance of the County or in any rule, regulation or order promulgated by any officer or agency of the County under authority duly vested in him or if any act is prohibited or is made or declared be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Code or any other ordinance of the County or such rule, regulation or order shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding thirty days, or by both such fine and imprisonment. Except where otherwise provided, every day any violation of such Code or any other ordinance of the County or such rule, regulation or order shall continue, shall constitute a separate offense. Section 5. It is hereby declared to be the intention of the • u Board of Supervisors that the sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase; clause, sentence, paragraph or section of this ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or the Code hereby adopted. Section 6. The Code adopted hereby shall be changed to read as follows: § 1 -2: Delete definition of "bond." § 2 -4: Delete in its entirety. § 2 -17: Delete "and who shall be freeholders" in the second line. § 2 -22: Delete in its entirety. § 5 -5: Delete as written and insert the following: The county shall award a premium to be paid on warrant of the board of supervisors by the county treasurer consisting of three dollars for each tail of fox and bobcat, upon production of satisfactory evidence that the same were killed within the limits of the county and by the person in whose behalf the same may be presented. iii § 5 -25: Add "Provided, that no license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person." § 9 -5: Delete "on or before November one of each year" and insert "at least sixty days preceding the two years for which such taxation is sought." At the end of the first sentence add "provided, that in any year in which a general reassessment is being made the property owner may submit such application until thirty days have elapsed after his notice of increase in assessment is mailed in accordance with section 58- 792.01 of the Code of Virginia, or sixty days preced- ing the tax year, whichever is later." §11 -11: In the definition of "inoperable motor vehicle" change "mission" to "missing." §§ 11 -41 to 11 -51: Delete in their entirety. Add: Sec. 11 -41. Applicability of division. The provisions of this division shall apply to county owned as well as privately owned landfills. § 13 -5: Change (b) to read as follows: (b) Every person convicted of a misdemeanor for a violation of any of the provisions of this chapter, for which no other penalty is pro- vided, shall, for a first conviction thereof, be punished by a fine of not more than one hundred dollars; for a second such conviction within one year such person shall be punished by a fine of not more than five hundred dollars; for a third or subsequent conviction within one year such person shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than thirty days, or by both such fine and imprisonment. § 13 -11: Delete subsection (b) and change subsection (c) to (b). § 13 -14: Delete proviso at end of subsection (a). § 13 -17: Delete proviso at end of section. Add: Sec. 13 -24.1. Vehicles required to be licensed. (a) No person shall operate or permit to be operated in the county any motor vehicle normally garaged, stored or parked in the county, unless there shall be displayed thereon the county license tag or sticker as provided by this article. No person shall operate, or permit to be operated, a motor vehicle normally garaged, stored or parked in the county upon which there is displayed the number plate of another county or city, nor shall any motor vehicle be operated under any fictitious number plate or under the number plate issued for another vehicle, unless legally transferred. Any person operating or permitting to be operated a motor vehicle without the proper license tag or sticker shall be charged for violation of this article and shall be liable for any and all fines is • • 1 • i or penalties imposed by the court having proper jurisdiction. The term "garaged" as used herein shall mean "owned, operated or maintained by a resident of the county." (b) Any motor vehicle registered to a resident of the county shall • display a county tag which has been purchased and affixed to such motor vehicle by the owner within thirty days of registration with the Common- wealth of Virginia or within thirty days residence of such owner in the county. In addition, the county will honor other valid local Virginia jurisdictional tags until their normal expiration, except that a tag transfer will not be made by the treasurer's office from such a tag. When a motor vehicle owner is eligible to transfer a county tag, such a transfer must be made within thirty days of the date of the new motor vehicle registration. A county tag must be purchased annually as provided in section 13 -25. (12- 12 -75, §§ 1, 2; 4- 14 -76.) § 15 -2: Delete as written and insert the following: A person is guilty of disorderly conduct if, with the intent to cause public U inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (a) In any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this Code or Title 18.2 of the Code of Virginia; or (b) Wilfully, or being intoxicated, whether wilfully or not, disrupts L 7 any meeting of the governing body of any political subdivison of the state or !6 a division or agency thereof, or of any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this Code or Title 18.2 of the Code of Virginia. The person incharge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose. Any person violating the provisions of this section shall be punished n U as provided in section 1 -6 of this Code. § 17 -1: Delete organizations listed and insert the following: Frederick County Sheriff's Department Clearbrook Volunteer Fire Department, Inc. Gainesboro Fire Company Greenwood Volunteer Fire Company Gore Fire Company Middletown Volunteer Fire and Rescue Company, Inc. ass North Mountain Volunteer Fire Company Round Hill Community Fire Company Stephens City Fire Company, Inc. Star Tannery Volunteer Fire Department Winchester Volunteer Rescue Squad, Inc. § 18 -40: Delete the last sentence.. Add: Sec. 18 -46.1. Minimum widths. The minimum width of proposed streets, measured from lot line to lot line, shall be as shown on the major street plan, or if not shown on such plan, shall be: (a) Major streets - -Not less than eightyfeet; (b) Minor streets - -Not less than sixty feet; (c) Alleys, if permitted, not less than twenty feet nor more than twenty -eight feet. (2- 13 -74, § 4 -24.) Add: Sec. 19 -4. Penalties Any person violating the provisions of this chapter shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment. § 21 -1: In the definition of "mobile home," in the first line substitute "unit" for "dwelling" and delete "as a dwelling" in line four. § 21- 16(a): Add "and mobile homes." § 21- 16(v): Delete(1) and (2). § 21 -22: Delete in its entirety. § 21 -23: Delete in its entirety. § 21 -24: Delete in its entirety. § 21- 26(a): Add "and mobile homes." § 21- 26(x): Delete (13) and (14). § 21 -32: Delete in its entirety. § 21 -33: Delete in its entirety. § 21 -34: Delete in its entirety. Add to chapter 21: Article XA. Mobile Home Community District MH -1 Sec. 21- 101.1. Statement of intent. This district is designed to provide a planned community for mobile homes. In addition to neighborhood commercial services to serve community residents, this district is intended for subdivisons of lots for mobile homes where each family may own their lot(s) or for mobile home parks where lots are rented. In designing these communities the developer is expected to provide roadways and amenities to serve the planned community and suitable landscaping and transition areas to blend the mobile home community with adjoining land uses. (6- 8 -76). Sec. 21- 101.2. Use regulations. (a) Mobile homes. (b) Mobile home parks. (c) Schools (d) Churches. (e) Public parks, playgrounds and recreational uses. (f) Neighborhood commercial use such as drug store, grocery store � J and personal services. (g) Off- street parking as required by this chapter. (h) Accessory buildings as defined; however, garages or other accessory structures such as carports and porches attached to the mobile home shall be considered part of the mobile home. (i) Public utilities including poles, lines, distribution transformers, • • pipes and meters, water and sewer facilities and lines. (j) Fire stations, companies and rescue squads. (k) Business signs. (1) Directional signs. (m) Church bulletin boards and identification signs. (6 -8 -76, 5 25 -1). Sec. 21- 101.3. Setback and boundary regulations. A permanent open space, at least thirty -f-ive feet wide, shall be provided along the property line and shall be maintained in landscaping; no structures (except signs), no driveway or offstreet parking shall be permitted in such area. (6 -8 -76, § 25 -2.) Sec. 21- 101.4. Mobile home subdivisions (a) Definition Division of any tract or parcel or lot of land into three or more parts for sale to individuals and siting mobile homes. (b) Maximum density: SERVICES PROVIDED LOTS per ACRE Gross Net Public water and sewer 3 4.5 Public water or sewer 1 1.5 Septic tank and well - 1.0 (c) Mobile home stand That part of an individual lot which has been reserved for the placement of the mobile home: (1) Placement No mobile home stand shall be placed within twenty feet of another; provided, that with respect to stands arranged end to -end. The distance shall be not less than fifteen feet. (2) Construction Appropriate material, properly graded shall be placed and compacted so as to be durable and adequate for the support of the maximum anticipated loads during all seasons. (3) Gradient There shall be zero to five percent longitudinal L� . F gradient and adequate crown or cross gradient for surface drainage of the mobile home stand. (d) Yards abutting common areas The distance from the line or corner of the mobile home stand to a private access drive, or common parking area; a common walk or other common area shall be fifteen feet minimum. (e) Site plan A site plan as provided in article XVIII shall be required, as well as compliance with chapter 18 of this Code. (f) Open space And recreation areas: (1) Common areas and recreation areas shall be maintained by and be the sole responsibility of the developer -owner of the mobile home community. If units are to be sold or ever are sold on an individual basis, common areas and recreation areas and open space shall be conveyed to a nonprofit corporate owner whose members shall be all of the individual owners of the mobile home community dwellings in the development, and membership shall be mandatory. Such organization shall not be dissolved nor shall it dispose of any common space, open space or recreation areas by sale or otherwise, without first offering to dedicate the same to the county. (2) In the event that the organization established to own and maintain common open space and recreation areas, or any successor organization, shall at any time after establishment of the mobile home community fail to maintain the open space and recreation areas in reasonable order and condition in accor- dance with the plan, the county may serve written notice upon such organization or upon the residents and owners of the mobile home community setting forth the manner in which the organization has failed to maintain the open space and recreation areas in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty days thereof. If the defici- encies set forth in the original notice or in the modifications thereof are not cured within said thirty days or any extension thereof, the county, in order to preserve the taxable value of the properties within the mobile home community and to prevent the open space and recreation areas from becoming a public nuisance, may enter upon said space and areas and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the open space or recreation areas except when the same is voluntarily dedicated to the county by the residents and owners. Before the expiration of said year, the county shall, upon its initiative or upon the request of the organi- zation theretofore responsible for the maintenance of the common space, call a public hearing upon notice to such organization, or the residents and owners of the mobile home community, to be held by the board of supervisors, at which hearing such organization or the residents and owners of the mobile home community shall show cause why such maintenance by the county shall not, at the election of the county, continue for a succeeding year. If the county shall determine that such organization is ready and able to maintain said open space and recreation areas in reasonable condition, the county shall cease to maintain said common space and recreation areas at the end of said year. If the county shall determine such organization is not ready and able to maintain said open space and recreation areas during the next succeeding year and subject to a similar hearing and deter- mination in each year thereafter. (3) The decision of the county in any case shall constitute a final administrative decision subject to appeal for judicial review. (4) The cost of such maintenance by the county shall be assessed ratably against the properties within the mobile home community and shall become a tax lien on said properties. The county, at the time of entering upon said open space n U • • U and recreation areas for the purpose of maintenance, shall file a notice of such lien in the office of the county clerk upon the properties affected by such lien within the mobile home community. (6 -8 -76, § 25 -3.) 5 21 -101.5 Mobile home parks. (a) Definition Any site, lot, field or tract of land upon which is located three or more trailers or mobile home for a fee or rent. (b) Maximum density The total density of any mobile home park shall not exceed eight units per gross acre, and the net density on any particular acre within such park shall not exceed ten units per acre. (c) Minimum lot size (1), Area. The minimum area for individual mobile home space shall be four thousand square feet inclusive of the ground underneath such unit. (2) Width. The minimum width for each mobile home lot will be forty feet except that for any mobile home unit greater than fifteen feet in width, a minimum of one foot shall be added for every additional foot of width of the mobile home. (d) Yard requirements: (1) Minimum distance between mobile homes No mobile home LI C shall be placed within fifteen feet of another; provided, that with respect to mobile homes parked end -to -end, the distance between mobile homes parked shall be not less than ten feet. (2) Yards abutting common areas The distance from the line or corner of the mobile home stand to a common parking area, a common walk or other common area shall be ten feet minimum. Patios and carports shall be disregarded in determining yard widths. (e) Mobile home stand Thatpart of an individual lot which has been • reserved for the placement of the mobile home. (1) Construction Appropriate material, properly graded shall be placed and compacted so as to be durable and adequate for the support of the maximum anticipated loads during all seasons. (2) Gradient. There shall be zero to five percent longitudinal gradient and adequate crown or cross gradient for surface drainage of the mobile home stand. (f) Markers for mobile home lots: Every mobile home shall be clearly LI defined. There shall be posted and maintained in a conspicuous place on each lot a number corresponsing to the number of each lot. (g) Tenant storage Storage facilities may be provided on or conveniently near mobile home lot and if not provided, permitted for the active storage of outdoor equipment, furniture and tools and the inactive storage of such materials as is used only seasonally or infrequently by the tenan.( be conveniently stored in the mobile home. and cannot (1) Size. There may be a minimum of one hundred cubic feet provided for general storage of each mobile home lot. (2) Design and location of storage facilities Storage facilities may be provided on the lot or in compounds located within a reasonable distance not more than one hundred feet from each stand location, not closer to private and public streets than the mobile unit itself. Storage facilities shall be designed in a manner that will enhance the appearance of the park and shall be constructed of suitable weather- resistance materials appropriate for the use and maintenance contemplated. (h) Private streets: (1) General requirements The minimum lane or private street on which an individual mobile home lot fronts shall be thirty feet in width. In cases where private streets dead -end a cul -de -sac, the minimum radius shall be forty feet. The minimum materials that will meet these requirements will be a prime and double seal bituminous treatment applied on base of not less than six inches of compacted gravel. All private streets or lanes shall have unobstructed access to a public street or highway. Private street entrances to mobile home parks from any public street shall conform to the current standards of the Virgina Department of Highways. Any public street within the mobile home park shall con- form to all department of highways' standards. (2) Pavement width, (for private streets) Pavements shall be of adequate widthsto accommodate the contemplated parking and traffic load in accordance with the type of street,with ten foot minimum moving lanes for collector streets, ten foot moving lanes for minor streets, eight foot minimum lane for parallel guest parking and two additional widths for pedestrial use where an adjacent sidewalk is not provided. The minimum paved radius for cul- de-sac shall be thirty feet. (3) Alignment and gradient (for private streets) Streets shall be adapted to the topography and shall have suitable alignment and gradient for safety of traffic satisfactory surface and ground water drainage and proper functioning of sanitary and storm sewer systems. (4) Intersections (of private streets) Street intersections shall generally be at right angles. Off -sets at intersections and intersections of more than two streets at one point shall be avoided. (5) Improvements (of private streets) The street improve- ments shall extend.continously from the existing improved street system to pro- vide suitable access to the mobile home stands and other important facilities on the property, to provide adequate connections to the existing or future streets at the boundaries of the property and to provide convenient circulation of ve- hicles with origins or destinations on the property. (6) Grading (of private streets). Grading shall be for the full width of the street to provide suitable finish grades for pavement and any sidewalks with adequate surface drainage and con- venient access to the mobile home stands and other important facilities on the property. 11 - • u • • --:? 9a fft (i) Parking Parking spaces shall be provided at the rate of at least I L � two car spaces for each mobile home lot. Required parking spaces may include one car space for each mobile home lot and in addition shall include a sufficient number of car spaces conveniently located in parking bays to bring the total number of parking spaces up to the required two car spaces per mobile home lot. Each such parking space shall be surfaced for its entire area with durable, hard material, suitable for all- weather use and shall have unobstructed access to a public street or common street highway. At least one parking space shall be more than two hundred fifty feet from a mobile home. (j) Water supply An adequate supply of potable water approved by the • health department shall be furnished from a public water supply systanor from a private water system conforming to all applicable laws, regulations, resolutions and ordinances with supply lines located on each mobile home lot. (k) Sewage: In each mobile home park, all waste or waste water from a • faucet, toilet, tub, shower, sink, slopsink, drain, washing machine, garbage disposal unit or laundry shall empty into an approved system in A-alled in accord- ance with the Virginia department of health. (1) Garbage and trash disposal Corrosion - resistive metal garbage cans or other noncombustible containers, with tight- fitting covers, shall be provided in quantities adequate to permit disposal of all garbage and rubbish. Each mobile home, trailer lot, or travel trailer lot shall have at least one garbage can or a suitable common container. The container shall be kept in sanitary condition as determined by inspection of the health director. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary but not less than once a week. A central container shall also be provided for excess garbage and rubbish. (m) Storage tanks (1) Gasoline, liquified petroleum, etc. Gasoline, liquified petroleum, gas or oil storage tanks shall be so installed as to comply with all county, state and national Fire Prevention Code regulations. (2) Heating oil Where oil heating of a mobile home or trailer is provided, a minimum of fifty gallon fuel storage facility shall be provided in each mobile home in an inconspicuous location or manner. In lieu of this, a central storage facility may be constructed to serve the mobile home community. (n) Playgrounds There shall be provided areas and facilities for • recreational purposes appropriate to the needs of the occupants. (1) Minimum size Each mobile home community must provide not less than one multiple - purpose playground of four thousand square feet. Any camp or park containing more than eighty units or having an area of more than ten acres shall provide a minimum'of one acre and an additional minimum of fifty square feet of playground space for each additional mobile home community over eighty. When additional playground space is required, it may be provided in lots which shall not be less in size than one thousand square feet. (2) Percent of gross site area The size of the recreation area shall be not less than ten percent of the gross mobile home community area. Recreational facilities shall generally be provided in a central location and shall include suitable landscaping, fencing and benches. In larger communities, decentralization may be allowed. Recreation areas shall include space for community buildings and community use f acilities, such as adult recreation and child playgrounds, and natural open space. (o) Site plan A site plan as provided in article XVIII shall be required. (p) Certificate of occupancy required No mobile home, trailer or accessory structure shall be occupied in any mobile home community until a certificate of occupancy shall have been issued by the county inspections department. The build- ing inspector shall not issue such certificate until after the same has been approved by the health director, and other agencies concerned. (q) Registration The register shall show the following information: (1) The name of each mobile home owner or occupant. occupant. (2) The address and lot number of each mobile home owner or (3) Each motor vehicle or mobile home license number. (4) The name and model of the mobile home. (5) The number of bedrooms of the mobile home. (6) The numberof occupants of the mobile home. (7) The dates of arrival and of departures of each mobile home. (r) Operator Each mobile home community operator shall furnish the county commissioner of revenue a signed copy of the register to be submitted by January 31 for those mobile homes present January 1. (6 -8 -76, S 25 -4.) Adopted October 13, 1976 COPY ATTEST: J. O. Renalds, III Clerk of the Board of Supervisors The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. AN ORDINANCE TO PROVIDE FOR REFUNDS OF LOCAL LEVIES ERRONEOUSLY PAID IN CONJUNCTION WITH THE ORDINANCE PROVIDING FOR SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULT- URAL, FOREST OR OPEN SPACE REAL ESTATE Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading the following ordinance: AN ORDINANCE TO PROVIDE FOR REFUNDS OF LOCAL LEVIES ERRONEOULSY PAID IN CONJUNCTION WITH THE ORDINANCE PROVIDING FOR SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE Section 1. Pursuant to Section 58- 1152.1 of the Code of Virginia 1950, as amended, the Treasurer of Frederick County is authorized to refund local levies erroneously paid to Frederick County in conjunction with the C I • • 6 1 L =.? 9z 4W LJ r1 LJ ordinance providing for special assessments for agricultural, horticultural, forest oropen space real estate. Section 2 . Once the Commissioner of Revenue is satisfied he has erroneously assessed such applicant with any local levies as provided in Section 58 -1141 and 58 -1142 of the Code of Virginia, 1950, as amended, he shall certify to the tax collecting officer the amount erroneously assessed. If the levies have not been paid, the applicant shall be exonerated from payment of so much thereof as is erroneous, and if such levies have been paid, the tax collecting officer of his successor in office shall refund to the applicant the amount erroneously paid, together, with any penalties and interest paid thereon. Section 3. The effective date of this ordinance shall be October 13, 1976. The above resolution was passed by the following recorded vote: Aye - ,- Sr Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. AN ORDINANCE TO AMEND AN ORDINANCE ENACTED ON JUNE 28, 1971, TO PROVIDE Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve on third and final reading the following ordinance: AN ORDINACE TO AMEND AN ORDINANCE ENACTED ON JUNE 28, 1971, TO PROVIDE FOR PRECINCTS, TO ESTABLISH BOUNDARY LINES OF PRECINCTS, TO NAME EACH PRECINCT, AND TO ESTABLISH A POLLING PLACE IN EACH DISTRICT Section 1 . Pursuant to Section 24.1 -37 of the Code of Virginia, 1950, as amended the following boundaries for precincts are established. Section 2. The boundaries of the respective precincts are as set forth below: Back Creek Magisterial District (1) GORE PRECINCT • 1 LJ 1 Beginning at the intersection of U. S. Highway Route No. 50 with the West Virginia State line; thence in an eastern direction with U.S. High- way Route No. 50 to its intersection with the old boundary line between Back Creek and Opequon District which existed prior to December 1, 1966; thence southwardly along the said line which follows the ridge of Little North Mountain to its intersection with the centerline of Virginia Secondary Route No. 629; thence westwardly and northwardly with the centerline of Virginia Secondary Route No. 629; then in a western dir- ection with No. 629 to its intersection with State Route No. 608; thence in a northern direction with Route 608 to its intersection with State Route No. 612; thence in a western direction on Route No. 612 to its intersection with State Route No. 600; thence in a northern direction with Route no. 600, to its intersection with Bucher Run; thence in a north- western direction following Bucher Run to the ridge of Great North Mountain; thence in a southwestern direction following the ridge of Great North Mountain to the West Virginia line; thence in a northwestern direction with the West Virginia line to the U. S. Highway Route No. 50. a C/ 3 (3) RUSSELLS PRECINCT Beginning at the intersection of Bucher Run and State Route No. 600; thence in a southern direction on Route No. 600 to its intersection with State Route 612; thence in a southeastern direction on Route No. 612 to its intersection with State Route No. 608; thence in a southern direction with Route No. 608 to its intersection with State Route No. 629; thence in a southeastern direction with Route No. 629 to its intersection with the former Back Creek and Opequon District line; thence along the said line which follows the ridge of Little North Mountain to its intersection with the Shenandoah County line; thence in a southern and western direction along the Shenandoah County line to the West Virginia State line; thence in a northern direction with the West Virginia State line to the intersection with the ridge of Great North Mountain; thence in a northestern direction following the ridge of Great North Mountain to Bucher Run; thence in a southeastern direction following Bucher Run to its intersection with State Route No. 600. Section 3. This ordinance shall take effect December 1, 1976. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. CITIZENS CONCERN DISCUSSION WITH BUILDING INSPECTOR Mr. Rosenberger stated that he received a lot of complaints from people, concerning not so much what the building code requires but the manner in which the building permits are carried out and the manner in which the building in- spector meets with the people. Mr. William Rodgers, Building Inspector, appeared before the Board and stated that he certainly, at all times, tries to use as much tact and diplomacy as possible. He added that he often runs into a situation where someone does not meet the Code and they try to get him to exempt them or turn his head the other way. He advised the Board that he had been quoted as saying a number of things which he in fact did not say. Mr. Rodgers stated that he felt he had a good working relationship with the professional builders in the County and most of t= �Ws the problems arise when a homeowner beings construction and is 60% to 70% complete before he applies for a building permit. He advised that he tries to work with the people but this must be tempered with the requirements of the building code. Mr. Koontz stated that he felt the Board and the Department of Inspections were moving in the right direction when they provide as much information as possible to the public as to what is required regarding building permits and the requirements of the Code. DOUGLAS GRIMMPDDRESSED BOARD REGARDING FUTURE BUILDING PROGRAMS BY THE COUNTY Mr. Douglas Grimm appeared before the Board and stated that he had served as Foreman of a Special Grand Jury which had investigated and found evidence that there were certain violations of the criminal statutes of Virginia by the Cou Parks and REcreation Department. He advised that the Special Grand Jury could not 1 • r 1 L.J • • bring indictments in this matter inasmuch as he had been advised that this would have to be done through the city courts inasmuch as the county facilities were located within the city limits. Mr. Grimm urged the Board to consider this problem when planning con- struction of future county facilities. PUBLIC MEETING TO BE HELD REGARDING PROPOSED ROAD WORK TO ROUTE 761 AT EARLIEST POSSIBLE DATE Mr. Esten Rudolph appeared before the Board and requested that they recon- r1 LJ n U sider their earlier action of the Highway Department plans for road work to Route 761, stating that this section of road is very hazardous and improvements should be made as soon as possible. Following a lengthy discussion, the Board agreed to hold a public meeting in the area of the proposed road work on Route 761 at the earliest possible date to receive citizen input on the proposed plan and should it be found that the citizens in that area approve of said plan, then a special meeting of the Board will be called to consider action on the Highway Department plan for said road. GARLAND CATHER ADDRESSES BOARD REGARDING TRAFFIC PROBLEM ON ROUTE 803 Mr. Garland Cather appeared before the Board and stated that West End Salvage has located on Route 803 and because of the increased number of vehicles involved with this business, a traffic hazard has been created in this area. He requested that this matter be investigated. Mr. Koontz requested Mr. Berg to investigate this matter and report back to the Board. Mr. Berg agreed to do so. Mr. Renalds requested that the Highway Department be notified of this matter also. The Board concurred. SUBDIVISONS ALBIN ACRES, SECTION II - GAINESBORO DISTRICT - APPROVED Mr. Berg presented the subdivision plat of Albin Acres, Section II • stating that all approvals have been received and a recreation impact fee of $111 per lot is recommended. There was discussion as to how soon the Land Use Plan could be implemented and Mr. Berg projected, with ordinance changes, the early spring. XTshor.t - discussicnfollowed regarding how much property is already rezoned in the County and Mr. Berg advised that this data is being compiled and will be available in the near future. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the plat of Albin Acres Subdivision, Section II, zoned R -1 and A -2, located in Gainesboro Magisterial District, containing 12 lots to be served by individual wells and septic- systems, subject to the payment of a recreational impact fee of $111 per lot. The above resolution was passed by the following recorded vote: Aye- S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings a Qs M and R. Thomas Malcolm. CATHER LOTS, SECTION II - BACK CREEK DISTRICT - APPROVED Mr. Berg presented the plat of the Cather Lots, Section II stating that all approvals have been received and a recreational impact fee of $111 per lot is recommended. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the plat of the Cather Lots, Section II, zoned R -1, located on Route 654, South of Route 803 (old Route 50) in Back Creek District, containing 9 lots to be served by individual wells and septic systems, subject to payment of a recreational impact fee of $111 per lot. The above resolution was passed by the following recorded vote:.Aye - S. Roger Koontz,'Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. PLAT REVISION - LOT 104 STONEBROOK FARMS - BACK CREEK DISTRICT APPROVED Mr. Berg presented the plat revision request of Stonebrook Farms to divided Lot 104 into Lot 104A and Lot 104B, stating that a recreational impact fee of $111 is recommended. Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the plat revision of Stonebrook Farms to divide. Lo.t 104 into Lot 104A and Lot 104B, said lot located in Section 6 of said sub- division, subject to the payment of a recreational impact fee of $111. The above resolutorr. was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings and R. Thomas Malcolm SITE PLANS CARTERLUMBER OF VIRGINIA, INC. - APPROVED Mr. Berg presented the site plan of Carter Lumber of Virginia stating that the Planning Commission had recommended approval but requested that the wooded area be preserved as much as possible. Mr. Carter appeared before the Board in support of his site plan and explained the proposed development and business to be located on the property. He stated that the buildings would be constructed so as to preserve as many 6f the trees as possible. There was no opposition. Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the site plan of Carter Lumber of Virginia, Inc. to erect five (5) buildings on 11.019 acres, zoned M -1, located on the East side of Route 11, 2/10 miles north of intersection with Route 668 in Stonewall Magisterial District as follows: (1) 60' x 150' lumber sales (2) 60' x 150' plumbing, electrical and heating sales (3) 108' x 118' warehouse (4) 60' x 160' storage and (5) 60' x 160' storage. X96 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm FINANCE COMMITTEE RECOMMENDATIONS BUDGET ADJUSTMENT - CETA TITLE II TO - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, WHEREAS, The County of Frederick has been notified that the Federal CETA Title II TQ program has been extended thru December 31, 1976, and, WHEREAS, It is the desire of this Board to continue participation under this program. BE IT RESOLVED, By the Frederick County Board of Supervisors that the following 1976 -77 budget adjustment is hereby authorized to accept CETA Title II TQ funds in the amount of $3,623.68: INCREASE REVENUE ESTIMATE 05 -6800 $3,623.68 INCREASE GENERAL FUND APPROPRIATIONS 18- 0181 -123 $3,623.68 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm NOTIFICATION TO BE GIVEN TO TENANT OF CITGO PROPERTY OF INTENTION TO TERMINATE LEASE OF SAID PROPERTY Mr. Rosenberger stated that the Finance Committee recommends to the Board of Supervisors that notification be given to the tenant that the County intends to terminate the lease on the Citgo station property at the corner of Boscawen and Cameron Streets when the lease expires in July, 1977 with the option of the tenant to continue using those premises subject to a 30 day notice to vacate the premises. There followed a short discussion as to whether or not 30 days notice would be sufficient for the tenant to relocate his business and the amount of rent now being realized from this property. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein direct that notification be forwarded to the tenant that the County intends to terminate the lease on the Citgo station property at the corner of Boscawen and Cameron Streets when the lease expires in July, 1977 with the option of the tenant to continue using those premises subject to a 90 day notice to vacate the premises; and, BE IT FURTHER RESOLVED, That the Board does herein direct that the tenant be notified that the Board also intends to raise the rent on said premises. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. I TREASURER REQUESTED TO KEEP BOARD INFORMED ON THE STATUS OF TAXES Mr. Rosenberger stated that the Committee on Finance would recommend that the Treasurer be requested to appear before the Board on a regular basiss in order to keep the Board informed on the status of taxes in the County. The Board directed the County Administrator to so inform the Treasurer of this action. ENGINEERING AND CODE ENFORCEMENT COMMITTEE RECOMMENDATIONS PRESS RELEASE WITH REGARD TO BUILDING PERMITS TO BE PRESENTED TO BOARD AT NEXT REGULAR MEETING FOR CONSIDERATION FOR RELEA AApreliminazy draft of a press release regarding building permits was reviewed by the Board. A short discussion ensued with Mr. Rodgers explaining several sections of the proposed press release. He stated that he would like to rework this release and perhaps shorten it somewhat. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, that the Board of Supervisors does herein request the Building Inspector to prepare a news release regarding building permits in Frederick County for con- sideration of the Board at the next regular meeting and then release to the news media upon approval. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm LAW ENFORCEMENT AND COURTS COMMITTEE RECOMMENDATIONS ORDINANCE WITH REGARD TO LOADED GUNS IN VEHICLES AND ADJACENT TO STATE HIGHWAYS DISCUSSED The Board discussed briefly a proposed ordinance with regard to loaded guns lin vehicles and adjacent to state maintained highways. Upon motion made by Thomas B. Rosenberger and'seconded•by'Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, (Virginia, that the proposed ordinance with regard to loaded guns in vehicles and l adjacent to state maintained roads be postponed until the next regular meeting lof this Board in order that input can be received on this matter from the Winches Frederick County Conservation Club. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas IMalcolm. ( APPOINTMENT TO HIGHWAY SAFETY COMMISSION - GAINESBORO DI Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, l Virginia, does herein appoint Mr. Robert A. Cather to serve as the representative from Gainesboro District on the Frederick County Highway Safety Commission. The above resolution was passed by the following recorded vote: Aye - S. Roger lKoontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas 11 Malcolm. ( REQUEST FOR BUILDING PERMIT REFUND - E. RICHARD AMBROSE - APPROVED Upon motion made by Thomas B. Rosenbergeri.and seconded by R. Thomas Malcolm, • 0 1 A 1 log BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a refund the amount of $44.25 to E. Richard Ambrose, P.O. Box 643, Winchester, Virginia,for Building Permit Number 3097, dated August 12, 1976 which amount represents 50% of his original building permit fee, said refund being granted inasmuch as the project was abandoned before actual construction was begun. The above resolution was passed by the following recorded vote: Aye - S. Roger n U Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings and R. Thomas Malcolm MONTHLY STAFF REPORT ACCEPTED After review, the monthly staff report was accepted, REQUEST FOR COUNTY STICKER REFUND - ALMA G. BIGGS - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, n U Virginia, does herien approve a refund in the amount of $9.50 to Mrs. Alma C. Biggs, 1897 Front Royal Road, Winchester, Virginia for the erroneous purchase of a County sticker, less a 50 cent transfer fee as recommended by the Commissioner of Revenue. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. CITIZEN COMPLAINT REGARDING LAW ENFORCEMENT IN PRIVATE SUBDIVISION A Lady from Shawneeland Subdivison appeared before the Board and stated that she had understood the Board would consider at this meeting some action to deal with disturbing the peace and mini - bikes. Dr. Fish advised.:that this matter of mini -bikes died.in Committee. • The resident stated that she felt the residents of Shawneeland are a for- gotten breed and do not receive the protection under the law that other County residents do even though they pay taxes to the County. She stated that she in- tended to follow this matter through as far as she could. Mr. Ambrogi stated that Shawneeland has a security force with the power of deputies. He further advised that the motor vehicles laws do not apply to sub- division such as Shawneeland. The resident requested that the Committee on Law Enforcement and Courts again consider her request. REQUEST FOR REFUND TO VIRGINIA EMPLOYMENT COMMISSION - APPROVED Upon motion made by Dr. Raymond L Fish and seconded by R. Thomas Malcolm, U BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a refund, payable to the Virginia Employment Commission, in the amount of $255.86 for the erroneous reimbursement to the County for Blue Cross /Blue Shield coverage for an individual not desiring this coverage. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. a99 FOOD STAMP PROGRAM ADMINISTRATION TO BE TERMINATED BY BANK Mr. Malcolm advised the Board that the Welfare Board would meet Friday to discuss the administration of the food stamp program in the County inasmuch as the Commercial and Savings Bank had advised that they will no longer participate in this program other than to provide storage for the food stamps. He stated that this situation may mean a supplemental appropriation to find a place to administer this program and that he would keep the Board informed on this matter. BOARD RETIRES INTO EXECUTIV SESSION Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That in accordance with Section 2.1 -344 of the Code of Virginia, 1950, as amended, Subsection (a) (6) the Board does agree to retire into executive session. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings and R. Thomas Malcolm. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, and passed unanimously, the Board withdrew from executive session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, and passed unanimously, the Board reconvened into regular session. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. sors C�Z 1 • • A Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, was held on October 27, 1976, 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 Dennis T. Cole. The Chairman called the meeting to order. Mr. Arnold Vaught, of the Winchester Centre Friends, presented the invocation. APPROVAL OF MINUTES Mr. Rosenberger requested that the minutes of the meeting of October 13, 1976, be corrected on Page 23 to show the appointment to the Highway Safety Commission from Gainesboro District and not Back Creek District. The Board agreed to this correction. Upon motion made by Will L. Owings, and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the minutes of the Regular Meeting of this Board held on October 13, 1976 as corrected above. C 1 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, Dr. Raymond L. Fish, R. Thomas Malcolm and Dennis T. Cole. ORIGINAL HIGHWAY DEPARTMENT PLAN FOR IMPROVEMENT AND BRIDGE CONSTRUCTION ROUTE 761 - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Koontz stated that a public meeting had been held in the Stonewall u u District on the proposed plan of the Highway Department for the improvement of Rou 761 and the construction of a grade crossing on said road as opposed to the original plan for construction of a bridge over the railroad. He advised that the Highway Department had stated that the reason for abandoning the original plan was because the railroad had requested abandonment of the line. Mr. Koontz advised that after checking this out it was learned that the request had been denied at the request of the railroad and the Highway Department was unaware of this and Mr. Chiles of the Highway Department advised that if petitions could be secured of the residents in the area, the original plan would be carried out. Mr. Koontz stated that approximately 125 signatures had been obtained to date on petitions favoring the original plan and these would be sent to the Virginia Department of Highways. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the Virginia Department of Highways and Trans- portation be notified that this Board approves the original plan of the Department of Highways for the improvement of Route 761 and the construction of a new bridge over the B. and O. Railroad on said road located in Stonewall Magisterial District in Frederick C..unty, Virginia and does further request that this work be commenced at the earliest possible time. 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 Dennis T. Cole. ANNOUNCEMENT OF JAIL MEETING - NOVEMBER 18, 1976 Mr. Koontz announced that a meeting would be held on November 18, 1976 at the Clarke County Courthouse with representatives of Clarke, Frederick and Warren counties and the City of Winchester to discuss proposed jail facilities with a representative of the State Department of Corrections. EXTENSION OF BOND - ZEIGER SUBDIVISON - SECTION VI - APPROVED Mr. Renalds stated that the current bond on Zeiger Subdivision Section VI F_ I L will expire on October 30, 1976; that the finance committee had considered a request for extension of this bond and recommended that this be approved with conditions in order that the roads could be built in this subdivision to service the residents. Mr. Renalds advised that the original letter of credit from the Farmers and Merchants Bank states that said letter shall be in full force until such time as the road is complete and that he had been advised by the bank that they would stand behind this letter. He also stated that Mr. Zeiger is willing to execute a new agreement in accordance with the conditions set forth in the recommended bond extension. 301 3'02 Mr. Rosenberger stated that he felt the Board should make it quite clear to Mr. Zeiger that should this work not be completed in accordance with the conditions on the bond extension, the bond will be executed and the road constructed with the funds derived from said bond. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request of Leon B. Zeiger for the extension of the bond on Zeiger Subdivision, Section VI, with the stipulation that work commence on the road in said subdivision within sixty days and be completed, except for the prime and seal, within one hundred twenty days, and full completion of the road to be accomplished within six months. 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 Dennis T. Cole. CITIZEN CONCERN Mrs. Roberta James Back to Welfare Department Mr. Malcolm reported that Mrs. Roberta James is back to work at the Welfare new on the food stamp program problem. Department and seems to be doing very well. He stated that to date there is Problem of Elderly People Crossing Highways to Mailboxes Re y Mr. Rosenberger stated that there was concern regarding elderly people having to cross highways to their paper and mailboxes. He requested that this matter be referred to the Highway Safety Commission for study and recommendation. Don Richardson, Frederick County Ta xes to Construction and Location of New Hi s Association - Statement In Opposition Mr. Don Richardson, representing the Frederick County Taxpayers Association, appeared before the Board and presented a statement in opposition to the construct - tion and location of the new high school stating that the Board of Supervisors had been derelict in their actions on this matter. He complained that a referendum had not been held to determine the feelings of the citizens on this matter, that the citizens could not afford this project and that the Board of Supervisors did not know what would be built nor would they have any control over what would be built. Mr. Koontz explained that Frederick County ranks very low in cost per child for education in the state of Virginia and that the Board of Supervisors would have the opportunity to either approve or disapprove the school project as proposed by the school board. He pointed out that Frederick County also ranks very low in the state of Virginia in regard to taxes. Mr. Rosenberger stated that he was under the impression that according to Dr. Wright new athletic facilities would not be constructed at the new high school un- til such time as they can be afforded and that the present facilities at James Wood would be utilized until that time. Dr. Fish stated that he had not voted for approval of the project at the last meeting and he felt that the Board of Supervisors would not have the chance to either approve or disapprove the plans for the new high school inasmuch as the school board is an autonomous body. • • • • 7 303 Mr. Koontz stated that the plans for the school must be submitted to the State Board of Education for approval and he felt sure the Board of Supervisors would have some input into the planning of the facility. Mrs. Beverly Campbell - Complaint Regarding Access Road to Carpers Drive - Sunnvside Station Mrs. Beverly Campbell appeared before the Board and presented a petition • requesting condemnation of a small area of land in the area of Carper's Drive, Sunnyside Station, to provide access and egress to this area inasmuch as there is only one entrance and due to construction of water and sewer lines this road is often closed. Mr. Cole stated that he had worked to try to have this road improved and taken into the secondary system but could not obtain right -of -way from all the residents. He felt this would be the proper way to proceed in this matter. Mr. Koontz stated that he would turn the petitions over to the Commonwealth n • for study and recommendation and further would contact the Highway Department regarding the improvement and acceptance of this raod into the state system. Mr. Dick Nesselrodt, Big Horn Hunt Club - Statement in Support of Ordinance Prohibiting Loaded Guns in Vehicles Mr. Dick Nesselrodt, representing the Big Horn Hunt Club, appeared before the Board and presented a statement in support of a proposed ordinance pro- hibiting the transportation of loaded shotguns and rifles in vehicles. Mr. Rosenberger stated that he had talked with a lot of people who were opposed to this proposed ordinance. There followed a brief discussion regarding the effectiveness of the proposed ordinance and the problems which might be caused due to the fact that the sur- rounding counties do-not have such an ordinance. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • I L J Virginia does herein reject the proposed ordinance to prohibit the carrying of a loaded shotgun or rifle in vehicles in Frederick County. The above resolution was passed by the following recorded 'vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and Dennis T. Cole. Nay - S. Roger Koontz and R. Thomas Malcolm Mr. Edwin Fiddler - Complaint Regarding Building Inspector Mr. Edwin Fiddler appeared before the Board and asked if he might be permitted to present findings he had determined regarding the Building Inspector. A brief discussion was held as to whether this matter should be discussed during a public meeting inasmuch as it is a personnel matter or should be discussed privately with the County Administrator and board members with Mr. Fiddler having the option of appearing before the Board should he not receive sat- isfaction from such private meeting. Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request Mr. Edwin Fiddler to contact the County Administra in order to set up a meeting with the County Administrator, the Building Inspector 304 and any board member who might wish to attend so that Mr. Fiddler's complaints regarding the building inspector might be resolved and should the meeting not be successful, Mr. Fiddler shall have the opportunity to be placed upon the Board agenda for appearance at a public meeting of said 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 Dennis T. Cole. The Board recessed for ten minutes. SUBDIVISIONS: BROOKNEILL, SECTION I - BACK CREEK DISTRICT - APPROVED Mr. Berg presented the plat of Brookneill Subdivision, Section I and stated that the Planning Commission recommended approval and a recreational impact fee of $111 per lot. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the subdivision plat of Brookneill Subdivision, Section I, zoned R -2, located off Route 621 near Stonebrook and Dav -Mar Village subdivisions in Back Creek Magisterial District containing 15 lots subject to the payment of the recreational impact fee of $111 per lot. 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 Dennis T. Cole. DOVE LOTS - STONEWALL DISTRICT - APPROVED Mr. Cole stated that the plat of the Marvin Dove Lots was acceptable and the Planning Commission recommends approval of this plat. Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the plat of the Marvin Dove Lots, located in Stone- wall Magisterial District'fronting Route 659 between the existing homes of Swanson and Wehrheim containing two (2) lots and zoned R -2, subject to a recreational im- pact fee of $111 per lot. 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 Dennis T. Cole. MT. OLIVE CHURCH PARSONAGE LOTS - BACK CREEK DISTRICT - APPROVED Mr. Rosenberger stated that this property was owned by the West Frederick Charge,a trustee group of three churches, and they desire to sell off the back portion of the property; that they have a buyer for this property and the property will not be built upon. He advised that the remaining church property will be sufficient for the sanitary facilities necessary. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the plat of Mt. Olive Church Parsonage Lots, Located in Back Creek Magisterial District, zoned A -1, containing two lots, one containing 27,098 square feet with existing parsonage house and one containing 63,934 square feet to be sold to adjoining lot owner. • J • • • 3 0.5 n U 1 J n U • n U 1 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. SITE PLAN /CONDITIONAL USE PERMIT - PHILLIP L. WILLIAMS - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented the site plan and conditional use permit application of Phillip L. Williams and stated that the Planning Commission recommended approval with five conditions to be set forth on said approval. Mr. Cole stated that he felt some of the conditions were too restrictive inasmuch as the surrounding property is zoned M -2 and the 25 foot buffer zone would render much of the property useless to Mr. Williams. He stated that he felt the buffer should be less than 25 feet. Mr. Ron Brown, Attorney, appeared before the Board representing Mr. Williams and stated that the applicant would agree to certain conditions but felt that the conditions currently set forth were too restrictive. There was discussion as to what constitutes parking and what the intended use of the property is. Mr. Williams stated that he is in the recycling business and not the junkyard business. Mr. Berg advised that Board that this would be their only opportunity to place restrictions on the conditional use permit and that Mr. Williams would not have to come back before the Board should he desire to operate a junkyard on this property. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit No. 071 of Phillip L. Williams to erect one (1) 35' x 60' storage building on five (5) acres (M -2) located on the west side of the Pennsylvania Railroad, 3/10 mile south of Route 37, Stonewall Magisterial District with the following conditions: 1. A chainlink fence, five (5) feet in height, along the eastern boundary to catch windblown debris or any fence comparable to a chainlink fence which will serve the same purpose. 2. Preservation of the existing screen of trees along the eastern boundary. 3. Preservation of the existing trees along the northern boundary that is shared with Fruit Hill Orchards, Inc. and the iron works. 4. Expand, with additional trees, the northern boundary screen to a minimum of seven feet (7') of width. 5. Observe a seven foot (7') setback along the northern boundary that will not be used for storage of material, structures, or parking. 6. These conditions shall be reviewed five (5) years from this date of approval to determine the feelings of the Planning Commission and the Board of Supervisors of the adequacy of these regulations. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, T. Thomas Malcolm, and Dennis T. Cole. FINANCE COMMITTEE RECOMMENDATIONS: fT a ion That 1973 Delinquent Real Estate Tax List Be Published in aper - Approved Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct the Treasurer to have published in the local news- paper the 1973 Delinquent Real Estate Tax List. The above resolution was passed by the following recorded vote: Aye - S. Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. 306 Resolution Regarding Revenue Sharing Funds for Data Processing Update Approved Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that an equipment update is hereby authorized for the Data Processing Department effective December 1, 1976; and, BE IT FURTHER RESOLVED, That Revenue Sharing Funds in the amount of $6,799.00 are hereby authorized for this purpose and the following appropriation transfer within the 1976 -77 Revenue Sharing Trust Fund budget is hereby approved: TRANSFER FROM TRANSFER TO 19 -01OH -607 $6,799.00 01 -OO1F -214 $6,799.00 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 Dennis T. Cole. REQUEST FOR COUNTY STICKER REFUND - VINCENT A WILSON - APPROVED Upon motion.made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virgnia, does herein approve a request for refund to Vincent A. Wilson, Sunnyside Station, Winchester, Virginia, in the amount of $10.00 for the erroneous purchase of a County sticker as recommended by the Treasurer. 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 Dennis T. Cole. REMINDER OF UPCOMING APPOINTMENTS TO INDUSTRIAL DEVELOPMENT AUTHORITY Mr. Renalds advised the Board that the terms of Mr. Richard Dick and Mr. Gene Dicks on the Industrial Development Authority would expire in November. He requested the Board to keep this in mind so that the appointments or re- appointments might be made at the next meeting. SAMPLE APPLICATION FOR UTILITY TAX REFUND PRESENTED TO BOARD FOR REVIEW Mr. Renalds presented a sample application for utility tax refunds to be published in the newspaper and requested the Board to review said application and forward any comments to him as soon as possible. REQUEST FROM CULPEPER COUNTY REGARDING REVENUE FOR STATE MANDATED PROGRAMS SENT TO FINANCE COMMITTEE FOR STUDY AND RECOMMENDATION A letter from Culpeper County regarding the requirement of localities to provide funding for state mandated programs was forwarded to the Finance Committee for study and recommendation to the Board. PRESS RELEASE RE: BUILDING PERMITS RETAINED FOR NEXT MEETING The press release regarding building permits in Frederick County was retained by the Board for consideration at the next meeting. BOARD ACTION REGARDING PLACE CASE REFERRED TO FINANCE COMMITTEE Mr. Renalds advised the Board that a decision must be reached as to whether or not the Board wishes to appeal the Place Case or begin making preparation for exoneration of taxes as ruled by the Courts. The Board agreed to forward this matter to the Finance Committee for study and recommendation. 30 1 we COMPENSATION ASSURED FOR FISH KILL IN BACK CREEK, OPEQUON AND ABRAMS CREEK Mr. Koontz stated that he had been advised by the State Water Control Board that a settlement of $2,500 would be made to replace the fish lost in the fish kill in Back Creek. He advised that he had also been advised that a settlemei in the fish kill in the Opequon and Abrams Creeks would be forthcoming. EDA APPLICATION DELIVERED TO PHILADELPHIA Mr. Koontz stated that he had delivered the County's application for EDA funds . for a new high school to Philadelphia. He advised that the application was in good shape and that they had not, at this point received very many from Virginia. He advised that EDA had five days in which to notify us as to whether or not the application is acceptable and then has 60 days in which to notify you if the grant is approved. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT BOARD OF SUPERVISORS DO NOW ADJOURN. Chairman B o peYviso Secitetary Bd. of Supervisors A Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, was held on November 10, 1976, at 7:00 P.M. 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 Dennis T. Cole. The Ch airman called the meeting to order. Reverend Charles Larew of the Reliance United Methodist Church delivered the invocation. ANNOUNCEMENT - J. 0. RENALDS, III ELECTED PRESIDENT VIRGINIA ASSOCIATION OF COUNTY Mr. Koontz announced that Mr. J. O. Renalds, III had been elected President of the Virginia Association of County Administrators and congratulated him on said election. APPROVAL OF MINUTES Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the minutes of the Regular Meeting of this Board on October 27, 1976 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Malcolm, and Dennis T. Cole. HIGHWAY DEPARTMENT REQUEST FOR REPAIR TO RAILROAD CROSSING LOCATED ON ROUTE 627 AT MIDDLETOWN TO BE FOLLOWED UP Mr. Owings stated that the railroad crossing on Route 627 at Middletown has not been repaired as requested by this Board on August 25, 1976. He requested this request for repair work be followed up inasmuch as the crossing is dangerous in its present condition. Mr. Koontz requested Mr. Renalds to again contact the railroad relative to repair work at this crossing. ROUTE 761 PROJECT TO BE CONSTRUCTED AS ORIGINALLY PLANNED it Mr. Koontz advised that he had received a letter from Mr. John Chiles of the I ' Highway Department stating that the project to improve Route 761 and construct a bridge over the railroad on said road would be carried out according to the original plan as requested by the Board in accordance with the wishes of residents in that REQUEST FOR REPAIRS AND MAINTENANCE ROUTE 629, ROUTE 604, AND CEDAR CREEK GRADE Mr. Rosenberger requested that the Highway Department consider culvert and ditch maintenance on Route 629 running eastward from Route 608 in the vicinity of Campbell's Nursing Home. He also requested that the Highway Department consider maintenance on the bridge on Route 604 across the stream that feeds in Cedar Creek in the vicinity of Route 606. Mr. Koontz stated that he was concerned with regard to traffic on Cedar Creek Grade between the interchange of Route 37 and Cedar Creek Grade and Route 11. He asked that the Highway Department be requested to consider widening this road. HEALTH DEPARTMENT No report. DOG WARDENT REPORT AND CLAIM - HARRY BROWN - APPROVED The reports of the Dog Warden and Assistant Dog Warden were reviewed and Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the claim for livestock kill of Harry Brown, Stonewall Magisterial District for five (5) laying hens at $2.50 each or a total of $12.50. 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 Mal- colm, and Dennis T. Cole. WINCHESTER T. V. CABLE COMPANY PRESENTATION Mr. Louis Costello appeared before the Board representing the Winchester T. V. Cable Company and presented a brief background on the formation and operation of said company. He stated that Winchester T. V. Cable Company had advised the executive secretary, Roger H. Alderman in 1972 that they would have connections in the County and if the County ever decided to have such a franchise they wanted to able to bid on it. Mr. Costello then presented an ordinance which he stated had been drafted in accordance with FCC regulations for consideration by the appropriate County commi wherein the Winchester T. V. Cable Company would be granted a franchise in the County. He stated that this request was being made inasmuch as the Cable Company has customer in the County and due to a revision of the Federal Communications Commission regulations it is necessary that they show positive evidence of a fran in the areas in which they operate. Mr. Costello stated that if this franchise is not obtained service would have to be discontinued to County customers in March of 1977. He advised that the State Code does not make provision for the adoption of such an ordinance and suggested t the Commonwealth Attorney contact the Attorney General in order to determine the procedure to be followed. Mr. John Lewis of the T. V. Cable Company advised the Board that the only Count obligation would be to establish a complaint officer and that no capital outlay wou be required. He also advised that the County would receive payment in the amount o 3% of the gross rentals in the County should the franchise be granted. 1. . . - . H--- Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, L CA • • 309 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein refer the proposed ordinance of the Winchester T. V. Cable Company for a franchise in Frederick County to the Committee on Engineering and Enforcement for study and recommendation to the Board at their Meeting on December 8, 1976. The above resolution was passed by the following recorded vote: Aye - S. Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. TREASURER'S REPORT - UNCOLLECTED TAXES Mrs. Dorothy Keckley, Treasurer appeared before the Board and presented a rep on uncollected real estate and personal property taxes for the years 1973 through 1975 and the assessments made for 1976 She also reported the number of dog tags and county stickers for the year 1976. The Board thanked Mrs. Keckley for her report and requested that she keep f� • them informed on the collection of taxes. SUBDIVISIONS ELMER OATES SUBDIVISION - BACK CREEK DISTRICK - REAPPROVED Mr. Berg presented the request for reapproval of the Elmer Oates Subdivision stating that this subdivision had been previously approved in July, 1975 and recox d, but there had been an error in the recordation. He advised that it had again beenll approved in December, 1975 but not recorded. Mr. Berg stated that all approvals hid been received. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fis BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein reapprove the plat of the Elmer Oates Subdivision located in Back Creek District containing two lots fronting Route 259 as previously approved in December, 1975. The above resolution was passed by the following recorded vote: Aye - S. r 1 U Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. DOVE SUBDIVISION (FORMER STUMP PROPERTY) - TABLED Mr. Malcolm stated that he had talked with the parties concerned with the Subdivision (former Stump property) and hopefully the matter may be worked out between the parties involved. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein table the Dove Subdivision (formerly Stump property) so matters concerning said property might be worked out by the parties involved. The above resolution was passed by the following recorded vote: Aye - S. Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Mal and Dennis T. Cole. MARVIN DOVE SUBDIVISION - STONEWALL DISTRICT - RECREATION IMPACT FEE REDUCED Mr. Berg advised the Board that the Marvin Dove Subdivision in Stonewall District, approved at the last meeting, had been requested to pay a recreational fee on two lots and inasmuch as this is a family variance, the fee is required on one lot. Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herin direct that the Marvin Dove Subdivision located in Stonewall lm, ly -- - -- — -- !L - - -- - - -- 310 Magisterial District, previously approved by this Board at their last regular meeting, be required to pay a recreational impact fee on only on of the two lots in said subdivision inasmuch as this subdivision is a family variance and a recreati nal impact fee is not required on both lots. 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 Malcol and Dennis T. Cole. LEASE AGREEMENT SHENANDOAH AREA AGENCY ON AGING TO LEASE ARMEL SCHOOL APPROVED , , Mr. William D. Pike, Director of Parks and Recreation, appeared before the Board with Mr. Michael Toht and Mr. Frank Howell of the Shenandoah Area Agency on Aging and presented a lease agreement for leasing Armel School which had been drawn • up to the mutual agreement of the parties involved. He briefly reviewed the terms and conditions of the lease. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the following lease agreement with the Shenandoah Area Agency on Aging for the leasing of Armel School: THIS LEASE AND AGREEMENT, made and dated this tenth day of November, 1976, , by and between COUNTY OF FREDERICK, a political subdivision of the commonwealth of Virginia, party of the first part, hereinafter known as the Lessor, and SHENANDOAH • AREA AGENCY ON AGING, INC., party of the second part, herinafter known as the Lesse . WITNESSETH: That for the consideration hereinafter set forth the Lessor agrees to lease to the Lessee and the Lessee agrees to lease from the Lessor that certain building and accompanying land known as the Armel Community Center, formerly the Armel School, situate approximately seven (7) miles south of Winchester, Virgin' , off of U. S. Highway 522. The Lessee agrees to lease said premises for a period of two (2) years, which lease shall begin as of the first day of December, 1976 and shall exist and continue until the 30th day of November, 1978, and the Lessor agrees that the Lessee shallhave the option to renew the lease for an additional two (2) • year period provided the Lessee gives the Lessor thirty (30) days written notice before the end of the first two (2) year period of their intent to exercise the rene al ' option. In consideration of the Lessor leasing said premises to the Lessee, the Lessee agrees that during the first two (2) year term of the lease, the Lessee will renova or replace the following items: 1. The furnace, the air ducts, the roof, the electrical system, the storm windows, the gutters, paint the exterior of the windows, waterproof the basement, refinish the doors and provide said doors with new locks. . If the Lessee exercises the option and renews the lease for an additional two (2) year term the Lessee agrees that during the seond two (2) year term the Lessee will: insulate the attic, install new lighting fixtures, install a drop ceiling, p int and panel the interior of the building, and make the necessary repairs to the porch The Lessor agrees to purchase or maintain fire insurance on that certain building known as the Armel Community Center, formerly the Armel School, and the Lessee agrees to purchase fire insurance with extended coverage for the full insurable ' value of the contents and equipment that are presently located in or will be locate in said building. The Lessee agrees to pay for any and all utilities furnished to said premises during the term of this lease. 311 The Lessee agrees to pay any plumbing bill due to neglect on the part of the Lessee, further, the Lessee agrees to pay all plumbing bills caused by normal use of the plumbing facilities. The Lessor agrees only to pay those extraordinary plumbing bills such as repairs to the drain field. However, the Lessor agrees to maintain the well located on said premises and agrees to pay all bills that arise from repairs to said well. It is understood and agreed that the Lessee accepts said premises in the physical condition in which the same now are, and that the Lessor shall be under no obligation whatever to make any repairs or replacements to said premises dur the term of this lease except as herinafter provided. The Lessee agrees to pay any repair bills necessary to keep said premises in good order and repair. However, r the Lessor agrees to pay those extraordinary repair bills that might arise during term of this lease, such as replacing the roof of said building or keeping the ou walls of said building in proper and substantial repair. The Lessor shall not be liable for any damage occasioned by failure to keep IE said premises in repair, and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, steam, or other pipes, or sewerage, or the bursting, leaking or running of any cistern, tank, wash - stand, water - closet, or waste pipe in, above, upon or about said building or premises, nor for damage occasioned by water, snow, or ice being upon or coming through the roof, skylight, trap door, or otherwise, nor for any damages arising from acts or neglect of cotenants or other occupants of the same building, or of any owners or occupants of adjacent or contiguous property. The Lessee covenants and agrees to protect, indemnify and save harmless the Lessor from any and all claims from damages, costs or expenses for liability to be imposed upon the Lessor on account of injury or death of any person or to property caused by the Lessee's use of said premises. The Lessor: agrees to maintain the septic system in said premises, and agrees to pay all bills that arise from repairs to said septic system. • The Lessee may make alterations or additions to or upon the building and accompanying land, if the Lessee gets the written consent of the Lessor, and I I so long as said alterations or additions increase the value of the premises. S alterations or additions are to be at the expense of the Lessee. The Lessee agrees to keep the property in good condition and to be responsi for any damages they, or persons that the Lessee permits to be there, cause to said property, and to return said property in the same condition, with the improvements set forth herein, except for normal wear and tear. J The Lessee agrees that the Lessor shall have the right to keep the County Trash Containers, commonly called "Dumpsters" on said premises during the term of this lease. The Lessee agrees to keep the sidewalks clear of ice and snow during the to of this lease. The Lessee agrees that the Lessor shall have the right to use the grounds surrounding the Armel Community Center for the purpose of conducting a summer playground or for other outdoor recreational activities sponsored by Frederick County, provided, such use does not conflict or interfer with previously scheduled activities of the Lessee. The Lessee agrees to allow the property to be shown to prospective tenants during the last thirty (30) days they occupy said premises. The Lessee agrees to allow the Lessor to inspect the property at any time 312 during the term of this lease provided reasonable notice is given. The Lessee agrees not to sublet this property or any part thereof to any third party without the written consent of the Lessor. Should the Lessor at any time during the term of this lease make a bona fide sale of said premises, such sale will be made subject to the original two (2) year lease period and the two (2) year renewal option. The Lessee agrees that it will not maintain any illegal or extra hazardous conditions which may be detrimental to said property. The Lessee agrees to keep said premises reasonable free and clear of trash, rubbish, and other waste materials. If the Lessee should violate any of the terms and conditions of this lease, the Lessor shall have the right to declare. this lease terminated and to re -enter the take possession of said premises. Should the premises be destroyed or rendered unfit for use and occupancy by fire or other casualty, this lease shall thereupon terminate. WITNESS the following signatures and seals: COUNTY OF FREDERICK, VIRGINIA /s / J. 0. Renalds, III (SEAL) J. O. Renalds, III SHENANDOAH AREA AGENCY ON AGING, INC. /s / Michael A. Toht (SEAL) Michael A. Toht The above resolution was passed by the following recorded vote: Aye - S. Koontz, Thomas B. Rosenberger, R. Thomas Malcolm, Will L. Owings, Dr. Raymond L. Fish, and Dennis T. Cole. COMMITTEE RECOMMENDATIONS FINANCE COMMITTEE RECOMMENDATIONS Mr. Thomas B. Rosenberger presented the Finance Committee recommendations and the following action was taken: RESOLUTION REGARDING FUNDING FOR STATE MANDATED PROGRAMS - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, WHEREAS, The Frederick County Board of Supervisors is concerned that counties are becoming mere revenue agents for the State to implement State mandated programs; and; WHEREAS, The expectations of the General Assembly are out of touch with the desires and fiscal capabilities of local governments, while it is the local govern- mental governing bodies that are mandated to implement State originated requirement: and, WHEREAS, The State has failed to expand the sources of revenue available to local government, thus requiring local government to divert scarce local resources away from locally desirable programs to those required by the State, THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisors that if the General Assembly is unwilling to accept the responsibility for covering the costs associated with new mandates or programs, then it should not impose the requirements and expect them to be funded by local units of government; and, BE IT FURTHER RESOLVED, That no State mandate should be passed without specifi provisions for funding from State sources, and the cost of implementing a new re- quirement be made known before enactment. • • • • J 313 i • C • • • 1 The above resolution was passed by the following recorded vote: Aye - S Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Roger Malcolm, and Dennis T. Cole. Mr. Malcolm asked what procedure the Board should follow in order to support legislation in the Virginia Assoication of Counties legislative program for 1977. Mr. Renalds advised that any legislation the local governing body is interested in supporting should be voted on by the governing body and forwarded to the VACo for inclusion in their program. He stated that a copy of the proposed legislatio passed on by the entire Association in Roanoke will be forwarded to the Board for consideration. APPROPRIATION TRANSFER - ADDITIONAL CODIFICATION OF COUNTY CODE - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Frederick County Board of Supervisors that the follow General Operating Fund appropriation transfer within the 1976 -1977 budget is here authorized: TRANSFER TO TRANSER FROM O1 -001A -399 $550.00 01 -001A -226 $550.00 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 Dennis T. Cole. CONTRACT FORMAT FOR DIVISION OF COURT SERVICES - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. FisE', BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following contract format for the Division of Court Services and does herein authorize the County Administrator to execute said contracts on behalf of the County of Frederick: Pursuant to a resolution duly made and passed by the Board of Supervisors of the County of Frederick, Virginia at their regular meeting held on the County Administrator is authorized to enter into agreem nts with certain persons performing specialized services in the Division of Court Services. This agreement, made and entered into this day of , 19 , by and between , party of the first part, and J. O. Renalds, County Administrator of the Board of County Supervisors of Frederick County, Virg party of the second part. WHEREAS, the Frederick County Division of Court Services finds from time to time that persons with specialized abilities and /or skills are needed to supervise and /or instruct particular Court programs. Consequently, it is neces to enter into an agreement with such individuals which sets forth the duties to performed and the consideration for the same. NOW, THEREFORE, WITHNESSETH: The purpose, terms and conditions of this agreement with such individuals which sets forth the duties to be performed and consideration for the same. 1. The duties to be performed by the party of the first part shall be rende in conjunction with the program. This program sha commence on the day of 19_, and terminate on the day of 19 The Director of the Division of Court Services shal determine the details of the program and shall serve as the Director thereof. 2. As full compensation for services rendered, the party of the first part shall receive dollars for supervising the II, ia, 314 above name program. Such compensation shall be made as requested by the Director of the Division of Court Services, providing that no compensation shall be paid for services not rendered by the time of payment. 3. If during the term of this agreement, the party of the first part is unable to perform his /her duties for any reason, health or otherwise, the party of the first part shall receive no compensation for services not rendered to Frederick County. 4. This agreement may be terminated by either party upon two weeks written notice. In testimony whereof said parties have executed this agreement in duplicate originals, one of which is retained by each of the parties, the day and year first above written. /s/ (SEAL) /s/ J. 0. Renalds, III (SEAL) County Administrator of the County of Frederick, Virginia The above resolution was passed by the following recorded vote: Aye - S. Roge Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Mal- colm, and Dennis T. Cole. ENGINEERING COMMITTEE RECOMMENDATIONS Mr. Malcolm presented the Engineering Committee recommendations and the following action was taken: PRESS RELEASE REGARDING BUILDING PERMITS DELAYED Mr. Malcolm stated that the Engineering Committee recommended that the press release on building permits be published. There followed a lengthy discussion regarding several sections of the press release and whether or not the general public would be able to understand the meaning of several regulations set forth therein. The majority of the Board stat that they did not agree with many areas set forth'in the Building Code and Mr. Renalds advised that this is a state code and must be enforced by the localities. Dr. Fish stated that the Board was not here to take issue with the Building Code but to pass upon a press release which he felt would be of great help to the people. Mr. Owings stated that he felt this release would alert the people to what Building Inspector would be looking for when he makes an inspection. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the press release on building permits . be published as recommended by the Committee on Engineering and Code Enforcement. The above resolution was passed by the following recorded vote: Aye - R. - Thomas Malcolm, Will L. Owings, Dr. Raymond L. Fish, and S. Roger Koontz stating he would vote in favor of the motion inasmuch as it is in accordance with the building code. Nay - Thomas B. Rosenberger stating that he must vote no because knew the feelings of his people on this matter and Dennis T. Cole stating that he would vote no for.the people of the County because he felt it was a matter of interpretation. Mr. Koontz requested the Board members to meet with the Committee on Engineering and Code Enforcement in the very near future to discuss in depth the uniform statewide building code. Mr. Renalds suggested that the building inspecto be invited to attend this meeting and should the Board desire an interpretation of C1 • r • 1 315 some of the technical sections of the code, the State Board of Housing in should be contacted. Mr. Malcolm stated that he did not feel it would be wise to publish the 1 press release and then perhaps change it after meeting to discuss the building Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herin rescind its previous action directing that the press release on building permits be published and does direct that said press release be withheld until such time as this Board directs that it be published. The above resolution was passed by the following recorded vote: Aye - S. Roger • Koontz, Thomas B. Rosenberger, R. Thomas Malcolm, Will L. Owings, and Dennis T. Cole. Nay - Dr. Raymond L. Fish. The Board recessed for ten minutes. REQUESTS FOR TAX REFUND - LADD, BARTON, YOUNG AND LUTRELL - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dennish T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Ll • Virginia, does herein approve the following tax refunds for the erroneous assessment of personal property taxes as recommended by the Commissioner of Revenue: 1. Katherine A. Ladd, P. O. Box 170, Middletown, Virginia - $6.11 2. R. T. Barton, 1200 Mutual Building, Richmond, Virginia - $7.33 3. Margaret C. Young, Box 383, Winchester, Virginia - $163.73 4. Ann E. Luttrell - $88.80 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. Thomlas Malcolm, and Dennis T. Cole. COMMITTEE ON LAW ENFORCEMENT AND COURTS RECOMMENDATIONS Mr. Cole presented the recommendations from the Committee on Law Enforce- ment and Courts and the following action was taken: RMATION ON JAIL WALL PRESENTED TO BOARD Mr. Cole stated that the Committee wanted to inform the Board that the jail • wall need major repair and has directed that the County Administrator coordinate with the City to examine the problem and develop a solution. EQUEST THAT FUNDS FROM WO UARTERLY BASIS - APPROVED Q i�Tr i1`t1�lfiilZe}�i�i]�I Sheriff Mauck explained the work release program and requested that funds • generated from this program be reallocated to the jail budget for purchase of for the jail. Mr. Rosenberger stated that he felt these supplies should be a budgeted i the upcoming budget. Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the recommendation of the Committee on Law Enforcement and Courts that funds generated from the work release program be re- allocated to the jail budget on a quarterly basis for the purchase of supplies f the jail. The above resolution was passed by the following recorded vote: Aye - S. Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm, Dr. Raymond L. Fish, and Dennis T. Cole. RECOMMENDATION THAT NO ACTION BE TAKEN ON CARPERS DRIVE REQUEST - APPROVED Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, in JI -- — OR , Virginia does herein approve the recommendation of the Committee on Law Enforce- ment and Courts that no action be taken on the Carpers Drive request until all residents are willing to dedicate property for a state approved right -of -way. The above resolution was passed by the following recorded vote: Aye - S. R Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. MONTHLY STAFF REPORT - ACCEPTED Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein accept the monthly staff report as submitted. The above resolution was passed by the following recorded vote: Aye - S. Rog Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,.R..Thomas Malcolm, and Dennis T. Cole. CITIZENS CONCERN Mr. Koontz stated that he was concerned with the collection of back taxes tha are delinquent and sometime this month we will be talking about legal action. He stated that he would be in touch with the Board members on this matter. APPnTNTMENTS INDUSTRIAL DEVELOPMENT AUTHORITY - RICHARD DICK AND GENE DICKS - APPR Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein appoint Mr. Richard Dick to the Frederick County Industiral Development Authority for a term of four years, said term to commence November 11, 1976, and expire November 10, 1980. The above resolution was passed by the following recorded vote: Aye - S. Rog Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Mal- colm, and Dennis T. Cole. Upon Motion made by Will L. Owings and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein appoint Mr. Gene Dicks to the Frederick County Industrial Development Authority for a term of four years, said term to commence November 11, 1976, and expire November 10, 1980. The above resolution was passed by the following recorded vote: Aye - S. Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas and Dennis T. Cole. ORDINANCES - FIRST AND SECOND READING ZONING MAP AMENDMENT PETITION NO. 020 -76 OF THE COUNTY SCHOOL BOARD OF FREDER7 f niTNTV _ VTPr TNTA FROM B -2 TO R - 3 The following ordinance was read on first and second reading: ZONING MAP AMENDMENT PETITION NO. 020 -76 OF THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VIRGINIA, 36 EAST WHITLOCK AVENUE, WINCHESTER, VIRGINIA, HEREBY REQUESTS THAT 27 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF ROUTE 739, JUST NORTH OF INTERSECTION WITH ROUTE 522, NOW ZONED BUSINESS - GENERAL (B -2) BE REZONED RESIDENTIAL GENERAL (R -3). THIS PROPERTY IS DESIGNATED AS PARCEL NO. 42(5)D ON TAX MAP NO. 42 AND IS IN GAINESBORO MAGISTERIAL DISTRICT. ZONING MAP AMENDMENT PETITION NO. 022 -76 OF HOWARD F. PERRY FROM R -2 TO B -2 The following ordinance was read on first and second reading: ZONING MAP AMENDMENT PETITION NO. 022 -76 OF HOWARD F. PERRY, 13 VALLEY AVENUE, WINCHESTER, VIRGINIA, HEREBY REQUESTS THAT 5.447 ACRES, MORE OR LESS, LOCATED ON THE NORTH SIDE OF ROUTE 50 EAST (IMMEDIATELY NORTH OF THE ECONO TRAVEL MOTOR HOTEL), NOW ZONED RESIDENTIAL- LIMITED (R -2) BE REZONED BUSINESS - GENERAL (B -2). THIS PROPERTY IS DESIGNATED AS PARCEL NO. 108 ON TAX MAP 64(a)108 AND IS IN SHAWNEE MAGISTERIAL DISTRICT. ZONING MAP AMENDMENT PETITION NO. 021 -76 OF HARRY F. STIMPSON, JR., HARRY F. TTT AxTn MAD(_Avwm n gTTMPCnN FROM R -3 TO B-2 • 7 L j U • The following ordinance was read on first and second reading: 317 1 ZONING MAP AMENDMENT PETITION NO. 021 -76 OF HARRY F. STIMPSON, JR., HARRY F. STIMPSON, III, AND MARGARET B. STIMPSON, BOYCE, VIRGINIA HEREBY REQUEST THAT 6.57 ACRES MORE OR LESS, LOCATED ON THE SOUTH SIDE OF ROUTE 277, APPROXIMATELY 2/10 MILES EAST OF INTERSECTION WITH INTERSTATE ROUTE 81, NOW ZONED RESIDENTIAL- GENERAL (R -3) BE REZONED BUSINESS - GENERAL (B -2). THIS PROPERTY IS DESIGNATED AS PART OF PARCELS 144, 145, AND 146, AND ALL OF PARCEL NO. 147 ON TAX MAP 85 AND IS IN OP MAGISTERIAL DISTRICT. SECOND MEETING OF MONTH OF NOVEMBER, 1976,TENTATIVELY CANCELLED The Board agreed not to hold the second regular meeting for the month of u November, 1976 unless there was sufficient business by that date to hold said meeting. MEETING DATES ANNOUNCED Mr. Renalds informed the Board that a meeting would be held in Harrisonb on December 9, 1976 at the Sheraton Inn at 5:30 P.M. to discuss legislative proposals for the next session of the Virginia General Assembly. He invited all the Board members to attend. Mr. Koontz reminded the Board of the meeting set for November 18, 1976 1 • in Clarke County to discuss the jail situation. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THE BOARD OF SUPERVISORS DO NOW ADJOURN. V. S retary Bd. of Supervisors A Special Meeting of the Frederick County Board of Supervisors was held on December 6, 1976, at 3:30 P.M. 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 Dennis T. Cole. The Chairman called the meeting to order. \J 1 Mr. Koontz stated that the meeting had been called to discuss delinquent taxes and he felt the Board should possibly retire into executive session to discuss the legal aspect of this matter. He asked Mr. Ambrogi what section of the Code would provide for executive session to discuss this matter and Mr. Ambrogi stated that Section 2.1 -344, Subsection 6 of the Code would be the section which would provide for executve session to discuss the legal aspects of this matter. Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, the L J vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Board retired into executive session in accordance with the following recorded Malcolm, and Dennis T. Cole. Nay - Thomas B. Rosenberger. Upon motion made by Will�L. Owings and seconded by ::Dr. Raymond L. Fish, 1 the Board withdrew from executive session in accordance with,the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, the Board reconvened into regular session in accordance with the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. TREASURER INSTRUCTED TO PROCEED WITH THE COLLECTION OF DELINQUENT TAXES BY BILLS OF EQUITY TO SELL LAND IN ACCORDANCE WITH SECTION 58- 1117.1 OF CODE 318 Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Treasurer 11 of Frederick, County proceed with legal action by the Commonwealth Attorney to collect delinquent real estate taxes by seeking a bill in equity to sell land on which taxes are due or on which there is a lien by virtue of unpaid taxes pursuant to Section 58- 1117.1 of the Code of Virginia (1950) as amended. The above resolution was passed by the following recorded vote: Aye - S. Rogerl Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. S etary Bd. of Supervisors A Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, was held on December 8, 1976, at 7:00 P.M. 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 Dennis T. Cole. The Chairman called the meeting to order. APPROVAL OF MINUTES Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the minutes of the Regular Meeting of this Board held on November 10, 1976 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. HIGHWAY DEPARTMENT Mr. Koontz stated that each member of the Board had a letter from Mr. John Chiles of the Highway Department concerning their work when building or changing a road near a stream and requested that the Board members review said materials. Mr. Renalds advised that the Highway Department has staked the right -of -way for the rural addition this year. HEALTH DEPARTMENT No report. FINANCE COMMITTEE REPORT Mr. Rosenberger presented the report of the Finance Committee and the f action was taken: BUDGET ADJUSTMENT - INSURANCE RECOVERY - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors, that the follow- ing adjustment to the 1976 -77 Budget is hereby approved: INCREASE REVENUE ESTIMATES - G ENERAL REVENUE FUND 05 -9091 Insurance Recoveries $1,300.00 INCREASE GENERAL OPERATING FUND APPROPRIATIONS 06- 006A -215A Repair and Replacement - Autos $1,300.00 1 f I L Ll Ll 1 • 1 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr.•Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RESOLUTION REGARDING CHRISTMAS AND NEW YEAR HOLIDAY OBSERVANCE FOR CLERK'S OFFICE - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Clerk of the Circuit Court be allowed to observe one -half of December 23, 1976 and the entire day of December 24, 1976 as Christmas Holidays; and one -half of December 30, 1976 and the entire day of December 31, 1976 as New Year Holidays. 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 Dennis T. Cole. APPLICATION FOR EXTENSION OF CETA POSITIONS - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the application for the extension of the currently held positions under CETA in accordance with requirements under this act. 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 Dennis T. Cole. ENGINEERING COMMITTEE REPORT Mr. Malcolm presented the report from the Committee on Engineering and Code Enforcement and the following action was taken: AGREEMENT AND NOTICE TO BIDDERS - REFUSE COLLECTION SERVICE - REFERRED BACK TO COMMITTEE Mr. Malcolm stated that the Engineering Committee had prepared a document for consideration by the Board regarding the trash container system in the County. He advised that it was the consensus of the Committee that the County should get out of the business, either by bidding it out to a private contractor or discontinuing the service altogether. He stated that if the County does continue to operate this service, there will be a necessity for a large capital outlay in the near future for equipment. Mr. Renalds explained the operation as it now exists and the problems and expenses currently being experienced by the County. Mr. Rosenberger stated that he felt this matter should be delayed until such time as the Board is aware of how much the State intends to cut funds next year. He stated that perhaps the Board should discontinue this service altogether should the funding from the state be reduced significantly. Mr. Cole stated that the service with this system certainly needed to be improved. He asked if the contract would provide for more containers or more frequent pick -ups to improve the service and also what the cost would be. Mr. Malcolm stated that the contract provides for additional containers or sites should this be necessary. Mr. Owings stated that costs could not be provided at-this time . as the contract'has not been bid yet. Dr. Fish stated that inasmuch as this is a very complex and touchy issue, he felt he needed more time to digest the document and all of the suggestions made tonight. Door to door pick -up was discussed briefly as well as use of the containers by contractors and businesses in the County. Mr. Malcolm stated that he felt it was most important for the people in the County to contact their supervisor to let them know whether or not they want to continue this service. Mr. Koontz referred this contract back to the Committee on Engineering and Code Enforcement for reconsideration and requested that it be brought to the Board at the first meeting in January, 1977. He also requested the County Administrator to have several copies of the contract available for loan to the public for several days at a time. PUBLIC HEARINGS REZONING REQUEST OF FREDERICK COUNTY SCHOOL BOARD TO REZONE 27 ACRES IN GAINESBORO MAGISTERIAL DISTRICT FROM B -2 TO R -3 - APPROVED Mr. Berg presented the rezoning request of the Frederick County School Board to rezone 27 acres in Gainesboro Magisterial District from B -2 to R -3. Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following rezoning request: ZONING MAP AMENDMENT PETITION NO. 020 -76 OF THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VIRGINIA 36 EAST WHITLOCK AVENUE, WINCHESTER, VIRGINIA, HEREBY REQUESTS THAT 27 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF ROUTE 739, JUST NORTH OF INTERSECTION WITH ROUTE 522 NOW ZONED BUSINESS, GENERAL (B -2) BE REZONED RESIDENTIAL, GENERAL (R -3). THIS PROPERTY IS DESIGNATED AS PARCEL NO. 42(5)D ON TAX MAP NO. 42 AND IS IN GAINESBORO MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Nay - Dr. Raymond L. Fish. REZONING REQUEST HOWARD F. PERRY TO REZONE 5.447 ACRES IN SHAWNEE DISTRICT FRC R -2 TO B -2 - APPROVED Mr. Berg presented the rezoning request of Howard F. Perry to rezone 5.447 acres in Shawnee Magisterial District from R -2 to B -2. Mr. Koontz stated that he had failed to ask for public comments on the re- zoning request of the School Board. He then asked if any one cared to make a comment regarding this rezoning request. There were none. Mr. Flourney Largent appeared before the Board representing Mr. Perry in his rezoning request and stated that the purpose of the rezoning request is so that the Econo Lodge Motel, which is located on the adjoining property, might be enlar He advised that the present entrance to the motel would continue to be used for the new addition. There was no opposition. Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virg: does herein approve on third and final reading, the following rezoning request: ZONING MAP AMENDMENT PETITION NO. 022 -76 OF HOWARD F. PERRY, 13 VALLEY AVENUE, WINCHESTER, VIRGINIA HEREBY REQUESTS THAT 5.447 ACRES, MORE OR LESS, LOCATED ON THE NORTH SIDE OF ROUTE 50 EAST (IMMEDIATELY NORTH OF THE ECONO- TRAVEL MOTOR HOTEL), NOW ZONED RESIDENTIAL, LIMITED (R -2) BE REZONED BUSINESS, GENERAL (B -2). THIS PROPERTY IS DESIGNATED AS PARCEL NO. 108 ON TAX MAP 64(a)108 AND IS IN SHAWNEE MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. REZONING REQ R -3 TO B -2 - ST - HARRY MPSON, JR., ET AL - TO RE 57 ACRES FROM Inia 321 Mr. Berg presented the rezoning request of Harry F. Stimpson, Jr., et-'al to rezone 6.57 acres from R -3 to B -2. Mr. William A. Johnston, Attorney, appeared before the Board representing the petitioner. Mr. Berg advised the Board of the recommendation of the Planning Commission to have a service road set forth on the site plan to serve this property as well as other property in the area. Mr. Johnston stated that the petitioner was also looking at the potential • • traffic problem and of course would have to abide by the restriction placed upon the site plan. Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County''of Frederick, Virginia does hereby approve the following rezoning request with the unders that no permits be issued until the site plan for development of said property is brought before the Board for approval. ZONING MAP AMENDMENT PETITION NO. 021 -76 OF HARRY F. STIMPSON, JR., HARRY F. STIMPSON, III, AND MARGARET B. STIMPSON, BOYCE, VIRGINIA, HERE- BY REQUEST THAT 6.57 ACRES, MORE OR LESS, LOCATED ON THE SOUTH SIDE OF ROUTE 277, APPROXIMATELY 2/10 MILES EAST OF INTERSECTION WITH INTERSTATE ROUTE 81, NOW ZONED RESIDENTIAL, GENERAL (R -3) BE REZONED BUSINESS, GENERAL (B -2). THIS PROPERTY IS DESIGNATED AS PART OF PARCELS 144, 145, AND 146, AND ALL OF PARCEL NO. 147 ON TAX MAP 85 AND IS IN OPEQUON MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. TIZEN INPUT - HUD COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Mr. Renalds explained the requirement for citizen input on community needs and the various criteria he felt HUD would be looking for in the County's appli- cation. Mr. Don Richardson, of the Frederick County Taxpayers Association, appeared • before the Board and stated that the Association was concerned that programs such as this are pushed through rapidly without knowledge of what the obligations to the County might be and secondly, they felt programs such as this are discrim- inatory inasmuch as they serve only the urban areas and not the rural areas of the County. Mr. Koontz stated that like all government agencies, HUD is probably more concerned with cluster area problems than rural area problems because of the financial aspect involved. Mr. Renalds advised that the deadline for filing the HUD pre - application • was January 7, 1977, and HUD would notify the County within 30 to 60 days as to whether or not a final application should be submitted. The Board agreed to proceed with the filing of the pre - application to HUD. INFORMED OF FORTHCOMING RATE INCREASE AT LANDFILL Mr. Malcolm stated that the Engineering Committee wanted to inform the Board that an increase in the rates charged at the Frederick - Winchester Landfill would be forthcoming in January, 1977 due to increased operating costs. CONTRACT WITH FmHA FOR BUILDING INSPECTIONS - REJECTED Mr. Malcolm presented a proposed contract with Farmers Home Administration for the inspection of FmHA homes in the County and stated that the Committee felt that this arrangement would provide more protection to persons purchasing houses in the County. He explained the contract briefly. 32 2 There followed a discussion as to whether or not this type contract should a function of government with several members of the Board stating that they not feel the Board should become involved between a seller and purchaser of houses in the County. Mr. Malcolm stated that there are many homeowners in the County who have not had their houses completed and have already closed their contract thereby, in many cases, precluding them from any redress against the builder. Mr. Owings stated that in accordance with the proposed contract, the builder would not be paid until all specifications are complete. Mr. Cole advised that when a builder sells an FmHA home he must sign a one year guarantee on that house. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the proposed contract for inspections with the Farmers Home Administration as recommended by the Committee on Engineering and Enforcement. The above resolution was defeated by the following recorded vote: Aye - R. Thomas Malcolm, Will L. Owings, and S. Roger Koontz. Nay - Dr. Raymond L. Fish, Thomas B. Rosenberger, and Dennis T. Cole. JOINT RESOLUTION WITH MIDDLETOWN TO APPROVE EROSIO AND S EDIMENT CONTROL ORDINANCE - Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT JOINTLY RESOLVED, That the County of Frederick is authorized and does hereby adopt the "Frederick County Erosion and Sediment Control Ordinance" for the town of Middletown, Virginia. 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 Dennis T. Cole. TION THAT BUILDING FINALIZED NOT Mr. Malcolm stated that the Engineering Committee recommends to the Board that the press release regarding building permits be finalized not later than January 31, 1977 inasmuch as this matter has been discussed for several weeks now. Mr. Koontz advised the Board that personnel from the State Department of Housing would be here on the 15th or 16th of December to discuss the statewide building code and he invited the Board members to meet with these representatives on this date. CABLE T . V. ORDINANCE TO BE RETURNED FOR CONSIDERATION IN JANUARY Mr. Malcolm stated that an ordinance to provide a franchise for Cable T. V. in the County was still in negotiation and would be presented to the Board for consideration in January if necessary. LOCAL SHARE OF PROPOSED FREDERICK- WINCHESTER- CLARKE WARREN JAIL OPERATION AND nnvunvar. nF FRRnRRTCx r0ITNTY AS GRANT APPLICANT - APPROVED FOR A PERIOD OF ONE S The Board discussed at length the proposed Frederick- Winchester- Clarke Warren Jail operation with Mr. Owings and Mr. Cole stating that the meeting held in Clarke County on said proposal had left a lot of unanswered questions There was a brief discussion regarding the program and possible problems which Frederick County may encounter. Mr. Koontz advised that a meeting would be held on December 16th in City Council Chambers for the participating localities to again discuss the program and perhaps answer questions regarding the operation and Frederick County's role as the grant applicant. 323 Mr. Rosenberger moved to approve the recommendation of the Finance Committee to approve the local share of this proposed program subject to the approval and recommendation of the Board and the Committee appointed to serve on the Jail Facilities Advisory Board. This motion was seconded by Dr. Fish. Thereupon, Dr. Fish moved to amend Mr. Rosenberger's motion to approve said program for a period of one year. This motion was seconded by Dennis T. Cole and passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Nay - Thomas B. Rosenberger. Therefore, upon motion made by Thomas B. Rosenberger and seconded by Dr. • Raymond L. Fish, amended by motion made by Dr. Raymond L. Fish and seconded by Dennis T., Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the local share of the proposed Frederick- Winchester- Clarke - Warren jail operation in the amount of $562.60 and further approves that Frederick County shall act as the grant applicant and the County which will handle all of the accounting and administrative work with regard to this jail operation and authorizes the establishment of a separate county fund for this purpose, said approvals to be effective for a period of one year. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. Nay - Thomas B. Rosenberger. APPOINTMENTS TO JAIL FACILITIES ADVISORY BOARD Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • 1 Virginia does herein appoint Mr. Will L. Owings and Sheriff Carroll K. Mauck to serve as Frederick County's representatives on the Jail Facilities Advisory 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 Dennis T. Cole. The Board recessed for ten minutes. CITIZENS CONCERN Mr. Cole stated that he had received many complaints regarding the dumpsters located in the County and felt this problem should be solved as soon as possible. Mr. Malcolm stated that he was very interested in hearing from the people • in his district as to how they feel about the dumpsters and requested the news media to so inform the citizens. The Board requested that the news media notify the citizens in all districts to contact their respective Supervisors with their views on this matter. Mr. Owings stated that 'he was concerned about several road problems but would contact Mr. King regarding these matters. He stated that his main concern was the condition of the road and curve near the Bass Hoover Elementary School inasmuch as this project for widening and improving this section of road has not been completed and is very hazardous. The Board requested the County Administrator to contact the Highway Depart- ment to determine why this project has not been completed and.to urge that this be done as soon as possible. Reassessment was discussed briefly and Mr. Koontz requested that the Finance ..324 Committee consider and make recommendation to the Board regarding not going to reassessment until 1981 and doing it in house on 1008 apprais &l. Mr. Rosenberger stated that the Finance Committee would consider this request and report back to the Board. Mr. Wade Ferguson appeared before the Board and stated that he had purchased a house and the contractor has failed to finish it. He stated that his house had not had the proper inspections and had not received a final inspection. He advised the Board of several problems and unfinished items in his house. Mr. Koontz requested the County Administrator, the Building Inspector and Mr. Malcolm to meet with Mr. Ferguson to view his house and discuss his complaint further. DOG WARDEN CLAIM - HAINES, RICHARDS, MAYHEW - APPROVED Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following claims for livestock kill as recommended by the Frederick County Dog Warden: 1. Orah Haines - Opequon District - 1 pig at $40.00 2. Bryan Richards - Back Creek District - 2 ewes at $10.00 each and 3 lambs at $10.00 each = $50.00 3. Denny Mayhew - Gainesboro District - 6 laying hens at $2.50 each = $15.00 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 Dennis T. Cole. MONTHLY STAFF REPORT - ACCEPTED The Board accepted the monthly staff report. SUBDIVISIONS OPEQUON RIDGE SUBDIVISION - STONEWALL DISTRICT - APPROVED Mr. Berg presented the plat of Opequon Ridge Subdivision stating that Health Department and Highway Department approvals had been received and a recreational impact fee of $111 per lot was recommended. Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein the subdivision plat of Opequon Ridge Subdivision, Section I, containing 13 lots and located in the Stonewall Magisterial District, subject to payment of a recreational impact fee of $111 per lot. 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 Dennis T. Cole. ORDINANCES - FIRST AND SECOND READING ZONING MAP AMENDMENT PETITION NO. 023 -76 OF DENNY'S INC., DENNIS T. COLE, ET UX AND T. EARL HAINES TO REZONE 11.682 ACRES FROM R -2 TO R -6 (10.655 ACRES) AND NOW ZONED B -2 AND R -2 (45,000 SQUARE FEET ) BE REZONED M -2 - FIRST AND SECOND READING The Board accepted the following ordinance on first and second reading: ZONING MAP AMENDMENT PETITION NO. 023 -76 OF DENNY'S, INC., DENNIS T. AND MILDRED COLE, RT. 7, BOX 81, WINCHESTER, VIRGINIA, HEREBY REQUEST THAT 11.682 ACRES, MORE OR LESS, LOCATED ON THE NORTH SIDE OF ROUTE 659 (VALLEY MILL ROAD) APPROXIMATELY 7/10 MILES FROM INTERSECTION WITH RT. 7,, NOW ZONED (R -2) RESIDENTIAL- LIMITED, BE REZONED (R -6) MULTIFAMILY - RESIDENTIAL (10.655 ACRES, MORE OR LESS), AND NOW ZONED (B -2) BUSINESS- GENERAL AND (R -2) RESIDENTIAL- LIMITED (45,000 SQ. FT., MORE OR LESS) BE REZONED (M -2) INDUSTIRAL - GENERAL. THESE PROPERTIES ARE DESIGNATED AS PARCEL NOS. 54(A) 107, 55(A)42, 55(A)32A, 33 ON TAX MAPS 54 AND 55 AND ARE IN STONEWALL MAG- ISTERIAL DISTRICT. REAPPOINTMENT MRS. CATHERINE MONTE TO CHAPTER 10 BOARD - APPROVED Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, (Virginia, does herein reappoint Mrs. Catherine Monte to serve as a representative • r • • 1 • 1 325 from Frederick County on the Chapter 10 Board for a term of three years, said term to commence on January 1, 1977 and terminate on December 31, 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 Dennis T. Cole. BOARD MEETING DECEMBER 22, 1976 CANCELLED Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does hereby cancel its second regular meeting for the month of December, said date being December 22, 1976. 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 Dennis T. Cole. EDWIN FIDDLER ADDRESSES BOARD REGARDING BUILDING INSPECTOR Mr. Edwin Fiddler appeared before the Board and complained that a building • permit had been issued for a building less than three feet from the building line and he had been refused a permit for a building this same distance. He advised the Board that he was not satisfied with the results of a meeting held with Mr. Koontz, Mr. Renalds, Mr. Rodgers, and Mr. Cole to discuss his complaints 0 regarding the building inspector. He stated that he felt his integrity had been damaged by Mr. Rodgers remarks which had been printed in the newspaper. Mr. Koontz advised Mr. Fiddler that he would be glad to arrange another meeting with the building inspector to discuss these matters if he so desired. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. s _� cretary Bd. of Supervisors • A Regular Pleeting of the Board of Supervisors of the County of Frederick, Virginia, was held on the 12th day of January, 1977, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. ABSENT: Thomas B. Rosenberger, Vice Chairman. The Chairman called the meeting to order. El 0IMP0ZNve -CONI The invocation was delivered by Reverend William Richards of the Grace United `lethodist Church. FREDERICK COUNTY 4 -H CLUBS AND LEADERS ASSOCIP ION OF 4 -H FLAG TO Mr. Wesley Larrick, President of the Frederick County 4 -H Council, and Mrs. Loretta McDonald, President of the Frederick County 4 -H Leaders Council, appeared before the Board and presented a 4 -H Flag to the Board of Supervisors in apprec- iation of the support of the Board. Mr. Koontz thanked the 4 -H Clubs for this gift and the flag was placed in the Board of Supervisors' Meeting Room. APPROVAL OF MINUTES Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, 326 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the minutes of the Special Meeting of this Board held on December 6, 1976 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the minutes of the Regular Meeting of December 8, 1976, with the following amendments: 1. Page 9 - The date of release of press release on building permits should read January 31, 1977 2. Page 10 - The announcement regarding the Cable T. V. Ordinance was made by Mr. Malcolm and not Mr. Koontz The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. HIGHWAY DEPARTMENT ROUTE 723 REQUESTED FOR DESIGNATION IN THE VIRGINIA SCENIC BYWAYS PROGRAM Mr. R. C. King introduced Mr. Jeff Taylor of the Environmental Division of the Highway Department, and Mr. Darrell Jones of the Commission on Outdoor Recreation. Mr. Jones presented a brief report on the Virginia Byway System and the history of the proposed project regarding Route 723. Mr. Jones stated that should Route 723 be included in the Virginia scenic Highways and Byways System, it would be simply a matter of recognition of the roadway and would have little, if any, impact on landowners adjacent to said road. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request that Route 723 in Frederick County be'considered for inclusion in the Virginia Byway System, said road to be that section running from the Clarke County line to the intersection with Route 50. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. REQUEST FOR BETTER MARKING AT ACCESS R7VT S TO I -81 The Board requested the Highway Department to investigate the possibility of installing better lighting and better marking in the vicinity of the access ramps to Interstate 81 at the Route 37 Interchange in Kernstown and near Route 277 in Stephens City. REQUEST FOR INVESTIGATION OF IMPROVEMENT TO ROAD IN VICINITY OF RELIANCE CHURCH Mr. Owings requested the Highway Department to investigate the possibility of widening and improving the road in the vicinity of Reliance Church. The Board concurred with this request. There followed a general discussion regarding the treatment of roads following snow and ice, with Mr. King advising that salt can not be used on the secondary roads inasmuch as they are too weak. Mr. King also advised that the work on the section of road near the Bass- Hoover School would be completed as soon as the weather permits. 327 HEALTH DEPARTMENT No report. i PUBLIC HEARINGS ZMAP NO. 023 -76 OF DENNY'S, INC. AND FROM B -2 TO R -2 TO M -2 IN ST TO R -6 Mr. Berg presented the rezoning request of Denny's, Inc., et al. The is drainage of property in this area was discussed and Mr. Berg advised that it would take extensive development to create a flood plain. Mr. Sam Lehman asked if the proposed use of the property would be more intense than that now called for in the Land Use Plan. Mr. Berg stated that it would. Mr. Malcolm asked if this would be a violation of the Land Use Plan and Mr. Berg stated that it would not be a violation because the Land Use Plan is a recommendation, but it would be a variance from it. He explained that it not be feasible to expect a single family use for this property and that the proposed plan is the most feasible because of the terrain. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • • n U Virginia does herein approve, on third and final reading the following rezoning request: ZONING MAP AMENDMENT PETITION NO. 023 -76 OF DENNY'S, INC., DENNIS T. COLE AND MILDRED COLE, RT. 7, BOX 81, WINCHESTER, VIRGINIA, AND T. EARL HAINES, RT. 7, BOX 841, WINCHESTER, VIRGINIA, HEREBY REQUEST THAT 11.682 ACRES, MORE OR LESS, LOCATED ON THE NORTH SIDE OF ROUTE 659 (VALLEY MILL ROAD) APPROXIMATELY 7/10 MILES FROM INTERSECTION WITH RT. 7, NOW ZONED (R -2) RESIDENTIAL- LIMITED, BE REZONED (R -6) MULTI- FAMILTY- RESIDENTIAL (10.655 ACRES, MORE OR LESS), AND NOW ZONED (B -2) BUSINESS_ GENERAL AND (R -2) RESIDENTI LIMITED (45,000 SQ. FT., MORE OR LESS) BE REZONED (M -2) INDUSTIRAL - GENERAL. THESE PROPERTIES ARE DESIGNATED AS PARCEL NOS.54(A), 107, 55(A), 41, 55(A)32A, 33 ON TAX MAP 54 AND 55 AND ARE IN STONEWALL MAGISTERIAL DISTRICT. 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. Abstaining - Dennis T. Cole. COMMITTEE RECOMMENDATIONS FINANCE COMMITTEE Dr. Fish presented the recommendations of the Finance Committee and the following action was taken: Dr. Fish stated that the Finance Committee recommended that a further lease with the Kremer Oil Company not be negotiated for the County -owned property at the corner of Boscawen and Cameron Streets. There followed a discussion regarding the monthly rental of the property and the terms of a lease acceptable to both parties. Mr. Boyd advised that the monthly rental on the property is currently $276. Dr. Fish stated that the lease proposed by the attorney for the tenant was completely unacceptable to the County. He further advised that a short term lease would not be acceptable to the tenant and should a lease be agreed upon, major improvements would have to be made to the - property. Should the lease then be terminated, the County would have to reimburse the tenant for these improvements. Mr. Owings stated that he did not want to see the County lose this money and felt that perhaps a short term lease should be negotiated. Mr. Malcolm stated that he could better accept the recommendation of the Finance Committee if there was an alternate use for the property presented along with the recommendation. He also stated that he felt $276 per month was a very low rental for the property. Dr. Fish moved to approve the recommendation of the Finance Committee. 328 The motion was seconded by Dennis T. Cole. Mr. Malcolm then moved to table Dr. Fish' motion so that this matter might be sent back to the Finance Committee for further investigation and consideration. This motion was seconded by Will L. Owings and passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm,) and Dennis T. Cole. STA WON INGENT UPON RGINIA Dr. Fish stated that approximately three proposalsfor reassessment had been received and the proposal from the State was the lowest. He advised that the Finance Committee recommends that the State contract be accepted. Mr. Koontz presented a letter he had written to Delegate Alson H. Smith wherein he requested that Frederick County be exempt from the requirement for reassessment by 1980 and that special legislation be introduced to provide for reassessment every six years. He stated that he felt an expenditure of $50,000 per year for reassessment was unreasonable. Mr. Renalds advised the the Virginia Association of Counties is proposing legislation to change the requirement for reassessment back to six years also. There followed a brief discussion as to whether or not it would be feasible to proceed to contract with the state for reassessment or to delay said action for approximately 60 to 90 days. Mr: Esten Rudolph advised that he felt Mr. Forberg of the Department of Texation would be flexible should the County contract for reassessment and then legislation be approved changing the requirement to a six year period. Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herin approve the recommendation of the Finance Committee to contract with the State Department of Taxation for the reassessment of real property in the County, said reassessment to be effective for calendar year 1979 contingent upon any changes which might be forthcoming from the current session of the Virginia General Assembly changing the requirement for reassessment to a six year period rather than a four year period. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. The Board agreed to request special legislation to exempt Frederick County from the four year requirement on reassessment and to support the Virginia Association of Counties proposed legislation regarding this matter. The Board recessed for ten minutes. COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT Mr. Malcolm presented the recommendations of the Committee on Engineering and Code Enforcement and the following action was taken: LANDFILL RATE SET AT $3.10 PER TON EFFECTIVE JANUARY 25, 1977 Mr. Tom Maccubbin, Deputy County Engineer, appeared before the Board and stated that there had been no rate increase at the landfill for the past eighteen months and that the proposed increase is due to the increased operating costs. He explained briefly the costs of repairs to the equipment. Mr. Malcolm stated that in previous years there had not been a three -way contract as we now have with Winchester and Clarke County, and therefore any deficit at the landfill had been paid by the County. He advised that with the • • • • 1 329 • r 1 • • i present contract, any deficit is split three ways between the jurisdictions. Mr. Jim Wilson, Mr. Louis Foltz and Mr. Marshall Williams, local haulers, appeared before the Board and voiced opposition to the increase stating that any increase would have to be passed on to the customers. Mr. Koontz thanked them for their input and advised that the landfill does not operate on a profit and any increase approved by the Board was necessary in order to keep the landfill in operation. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein set the landfill rate at $3.10 per ton effective January 25, 1977 at the Frederick County Landfill. The above resolution was passed.by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. EMERGENCY SERVICES PLAN - APPROVED ' Mr. Malcolm presented the Emergency Services Plan and stated that the Engineering Committee recommended approval of same. Mr. Malcolm stated that copies of the plan would be distributed to each Mr. David G. Dickson briefly explained the plan and the reasons therefor. agency listed therein. Mr. Dickson stated that a mass meeting would be held with these agencies and the plan would be distributed at that time. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, WHEREAS, the primary mission of government in an emergency is to maximize the preservation and protection of human life and property; and, WHEREAS, it is necessary for local government to become prepared and organized to effectively deal with natural and man -made disasters; THEREFORE, BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby adopt an emergency operation plan for peacetime disaster as presented; and, BE IT FURTHER RESOLVED, That the same plan may be amended and adjusted by the Director of emergency services providing such amendments and adjustments are in keeping with sound planning and emergency response. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RESOLUTION ACCEPTING EMERGENCY SERVICES EQUIPMENT - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board does hereby approve the Federal Assistance application dated December 16, 1976 for loan of a pump and generator for Emergency Services usage as set forth in the attached documents and does further stipulate that the attached assurances will be complied with and does further authorize the County Administrator to execute the attached documents and assurances to be kept on file in the office of the County Administrator. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RESOLUTION TO DISPOSE OF SURPLUS PROPERTY - APPROVED Mr. Malcolm presented a list of County surplus property and a recommendation 330 for disposal thereof. After review the Board agreed to dispose of those items set forth in the manner prescribed by the Engineering Committee. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize the County Administrator to advertise and sell the following surplus property as recommended by the Committee on Engineering and Code Enforcement: 1. Modern glass and aluminum doors (2) 2. Newer parking meters 3. Old windows 4. Brass chandeliers (2) 5. Plastic yellow chairs (18) The above resolution was passed by the following recorded vote: Aye - S. Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis Cole. Mr. Malcolm requested Board approval to issue the press release regarding RELEASE RE: BUILDING PE ilding permits. PUBLISHED PRIOR TO J 1977 Mr. Rodgers, Building Inspector, stated that the figure $500.00, contained in said release, should be corrected to read $1500.00 due to a change in the State Code. Mr. Roy Jennings and Mr. Esten Rudolph expressed disagreement with this figure stating that it would cause a'loss of taxes to the County. • Mr. Rodgers advised that this change was made according to state law and the County could not be more stringent than state law. The Board agreed to issue the press release, with the corrected figure of $1500.00, on building permits to the news media in order that the public might become more informed regarding building permits in the County. COMMITTEE ON LAW ENFORCEMENT AND COURTS COMMITTEE Mr. Cole presented the recommendation from the Committee on Law Enforcement and Courts and the following action was taken: RECOMMENDATION TO SELL WOOD FROM STEPHENS CITY PARK - APPROVED Mr. Cole stated that the Committee on Law Enforcement and Courts recommended that the wood cleared at the Stephens City Park be sold inasmuch as it can not be used by the Parks and Recreation Department. • C1 Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the sale of the wood cleared in conjunction with development on the Stephens City Park site by the Parks and Recreation Department; BE IT FURTHER RESOLVED, That the Parks and Recreation Department shall charge an equitable amount for said wood and administer the sale of same, with said 1 funds being deposited to the General Fund of Frederick County. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Cl PAYMENT OF JUDGMENT IN DEBT, BOWMAN - REAL ESTATE TAX REFUNDS - THOMAS AND WOLTZ - AP ROVED Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, , Virginia, does herein approve the payment of a judgment in debt in the amount of $15.00 to Mr. Walter Bowman, Lot 13, Sandy's Trailer Court, Route 1, White Post, Virginia, as recommended by the Commonwealth Attorney. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and 331 Dennis T. Cole. Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a refund in the amount of $36.80 to David F. and Mildred M. Thomas, 3203 Battersen Lane, Alexandria, Virginia 22309, for the erroneous payment of real estate taxes, as recommended by the County Appraiser. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, n U BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a refund in the amount of $40.44 to Robert K. Woltz, 25 E. Boscawen Street, Winchester, Virginia, for the erroneous payment of real estate taxes, as recommended by the County Appraiser. The above resolution was passed by the following recorded vote: Aye - 1 • S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. DOG WARDEN CLAIMS - RICHARDS, MCFARLAND, AND HUTTON - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following claims for livestock kill as recommended by the Dog Warden: 1. Bryan Richards, Mt. Falls Route, Box 112, Winchester, Virginia - 1 ewe at $10.00 and 2 lambs at $10.00 each for a total of $30.00 2. Kelly McFarland, Mt. Falls Route, Box 139, Winchester, Virginia - 1 laying hen at $2.50 3. Ada Hutton, Route 1, Box 144, Clearbrook, Virginia - 5 laying hens at $2.50 each for a total of $12.50 The above resolution was passed by the following recorded vote: Aye • 1 • S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. FREDERICK COUNTY ENVI ;SES BOARD RE: TRASH COLLECTION IN Mr. Charles Boyd, representing the Frederick County Environmental Council, appeared before the Board and presented a brief report regarding the Council's position and proposed remedy for trash collection in the County. It was agreed that the Council, along with the haulers in the County, would be meeting with the Engineering Committee and members of the Board of Supervisors on January 19, 1977 to discuss this proposal at length. FREDERICK COUNTY TAXPAYERS ASSOCIATION ADDRESSES BOARD RE: TRASH COLLECTION IN THE COUNTY Mr. Don Richardson appeared before the Board representing the Frederick County Taxpayers Association and stated the the Association felt the County should get out of the trash collection business altogether and leave the entire operation, including the landfill, to private enterprise. He advised that the Association did not feel the less densely populated areas should have to pay for services rendered to the more densely populated areas and the County should not act in a broker's role in this matter. MONTHLY STAFF REPORT ACCEPTED After review, the monthly staff report was accepted. ORDINANCES - FIRST AND SECOND READING - DENNY'S INC. - WITHDRAWN Mr. Koontz stated that the petitioner in the rezoning request of Denny's, Inc. had requested that this matter be withdrawn from the Agenda and sent back 332 to the Planning Commission for reconsideration of M -1 zoning. LETTERS OF INQUIREY RE: EDA FUNDING APPROVED Mr. Koontz stated that he was quite disturbed about the distribution of EDA funding and therefore had written letters of inquiry to the Department of Commerce in Washington, with copies to our representatives, and further had requested the Lord Fairfax Planning District to lodge a formal protest regarding the distribution of said funds. He added that he did not feel the funds had been distributed according to the guidelines set forth by EDA and that he was trying to get some sort of explanation as to why this was done. Following a brief discussion, the Board agreed that the matter should be pursued as outlined by Mr. Koontz. EXPLANATION OF INCREASE'IN BLUE CROSS /BLUE SHIELD REQUESTED Mr. Koontz advised the Board that he had requested the State Corporation Commission to forward to him an explanation of the increase in Blue Cross /Blue Shield premiums but to date has not received an answer. REASSESSMENT AND REMOVAL OF STOCK REFERRED TO FINANCE C RECOMMENDATION ERTY TAX FROM FARM ONSIDERATION AND Mr. Kenneth Stiles, of the Frederick County Farm Bureau, appeared before the Board and requested an early reassessment in the County and further.the removal of personal property tax from livestock and farm machinery. The Board referred this request to the Finance Committee for consideration and recommendation to the Board. Mr. Koontz requested the Finance Committee to study the feasibility of a business license tax in Frederick County and Mr. Renalds advised that the Board is prohibited from passing a business license tax at this time inasmuch as this matter is under review by the legislature. CLERK OF CIRCUIT COURT - REPORT ON FEES FOR 1976 PRESENTED Mr. George Whitacre, Clerk of the Circuit Court, appeared before the Board and presented a brief report on the fees collected by his office during the year 1976, stating that excess fees in the amount of $57,813.63 had been realized and of that amount $19,271.21 would be retained by the State and $38,542.42 would be sent back to the County. He described briefly how these funds are derived and how they are processed through his office. PERSONAL PROPERTY TAX REFUNDS - RITTER, LINSCOMB AND HAINES - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following refunds for the erroneous payment of personal property taxes as recommended by the Commissioner of Revenue: 1. Steven B. Ritter, Rt. 2, Box F -92, Stephens City, Virginia - $41.72 2. David S. Linscomb, Bloomery Star Rt., Box 169, Winchester, Virginia - $61.05 3. Mr. Ray Leon Haines, 400 Dogwood Road, Winchester, Virginia - $14.92 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. BUDGET ADJUSTMENT - INSURANCE RECOVERY - APPROVED Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following adjustment to the 1976 -77 Budget is hereby approved: INCREASE REVENUE ESTIMATES - GENERAL REVENUE FUND 05 -9091 Insurance Recovery $1,500.00 INCREASE GENERAL OPERATING FUND - APPROPRIATIONS 06- 006A -215A Repairs & Replacement - Autos $1,500.00 f. L �l u n LJ • C11 333 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. REAPPOINTMENT MR. ELMER VENSKOSKE TO PLANNING COMMISSION - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein reappoint Mr. Elmer Venskoske as the representative from Gainesboro District to the Frederick County Planning Commission for a term of four years, said term to commence on January 24, 1977 and terminate on January 23, 1981. The above resolution was passed by the following recorded vote: Aye - • .S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. ESTABLISHMENT OF CENTRAL ABSENTEE VOTER ELECTION DISTRICT - APPROVED Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein establish a central absentee voter election district at the address of 9 Court Square, Winchester, Virginia, for all elections held from February'1,11977 to'•February 1, 1978. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. BUDGET ADJUSTMENT - WORK RELEASE PROGRAM - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that in accordance with a resolution passed by this Board on November 10, 1976 $3,521.00 of work release funds received to-December 31, 1976 are hereby appropriated for use within the 1976 -77 General Fund Budget; and, BE IT FURTHER RESOLVED, That the 1976 -77 Budget be amended as follows: • 1 INCREASE REVENUE ESTIMATES: General Revenue Fund 05 -9113 INCREASE APPROPRIATIONS General Operating Fund 06 -006B -301 06 -006B -325 Work Release Funds Bedding Wearing Apparel $3,521.00 $1,760.00 1,761.00 Total $3,521.00 The above resolution was passed by the following recorded vote: Aye - is S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. BUDGET ADJUSTMENT - CETA PROGRAM - APPROVED Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that this Board does hereby wish to continue participation under the present CETA program; and, BE IT FURTHER RESOLVED, That CETA Contract No. 76- 13106 -40 -371 in the amount of $23,133.00 for the period January 1, 1977 through March 31, 1977 is hereby accepted including all provisions therein; and, BE IT FURTHER RESOLVED, That the following 1976 -77 Budget adjustment is hereby approved: INCREASE GENERAL REVENUE FUND ESTIMATES 05 -6800 CETA Funds $23,133.00 INCREASE GENERAL FUND APPROPRIATIONS 18 -018I -123 Compensation of Participants $23,133.00 334 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. SECOND JANUARY MEETING CANCELLED Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein cancel the second regular meeting of this Board scheduled for January 26, 1977. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. MR. ROBERT HOCKMAN REAPPOINTED TO BOARD OF ZONING APPEALS Mr. Renalds informed the Board that Mr. Robert Hockman had been reappointed by Judge Woltz to the Frederick County Board of Zoning Appeals. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. O-I l+ F! SVr- etary Bd. of Supervisors A special Joint Meeting between the Frederick County Board of Supervisors and the Frederick County School Board was held on February 7, 1977, at the Carpers Valley Golf Club, Winchester, Virginia. Board of Supervisors - S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. Board of Education - Ray E. Boyce, Chairman; Roscoe D. Bowers, Vice Chairman; W. Eugene Larrick; John T. Solenberger; and Robert E. Aylor, III. Chairman Koontz called the meeting to order and handed out an agenda of items to be discussed regarding the new senior high school. Mr. Koontz asked Dr. Wright what the total cost of the project would be and Dr. Wright passed out the following summary of costs and facilities: Cost Estimate of New Senior High School 1,400 pupils 126 square feet per pupil 176,500 square feet $34 per square foot $6,000,000 Construction Cost 300,000 Architects and Engineers - 5% 900,000 Equipment and Furnishings 7,200,000 300,000 Contingency Fund $7,500,000 1 • 1 • • • .335 • New Senior High School - Revenue Schedule Bond Sales- -VPSA, Literary Fund Loan, Local Funds March, 1977 September, 1977 March, 1978 September, 1978 March, 1979 September, 1978 $1,000,000 $1,000,000 $1,000,000 $1,250,000 $1,500,000 $ 750,000 Bond Dated 12T15/76 6/15/77 12/15/77 6/15/78 12/15/78 9/78 Local and Revenue Sharing Funds $1,000,000 (Needed latter part of 1978) $7,500,000 First Bond Premium 12/15/78 6/15/79 12/15/79 6/15/80 12/15/80 9/79 Dr. Wright advised that the above costs would include the cost of locker rooms, etc. so that the school could be converted into a four year school in the future. He stated that if the school was not built for future conversion to a four year school, the square footage could be somewhat reduced. Dr. Wright informed the Board that the architect has been retained and Howard Shockey and Sons, Inc. have been hired as construction manager on the project. Mr. Koontz expressed concern on the possible cost overrun on $7.5 • million dollars and Dr. Wright stated that this figure is the best estimate he can present at the present time. He advised that the project as planned, is the best approach for the dollar value received. Mr. Rosenberger asked if the Board of Supervisors would have any input during construction such as the building itself. Dr. Wright stated that certain facilities could be delayed if the financial situation changes. Mr. Koontz requested the School Board to allow Mr. Rosenberger, Chairman r\ L I • of the Board's Finance Committee, to serve on the School Finance Committee and Mr. Boyce stated that he felt this would be of benefit to both bodies. Dr. Wright assured the Board that the School Board is interested in the best possible solution for the money. Mr. Koontz asked how much local money would be needed and when, and Dr. Wright stated that $1 million dollars of local money would be needed in late 1978 Mr. James Boyd, Director of Accounting stated that most of the $1 million dollars would probably be revenue sharing and that by the end of 1979 most of the revenue sharing needed would be available. He advised that very little additional money would be available during that time frame other than the money for the local $1 million dollars. Mr. Boyd advised that the County is currently receiving $400,1000 per year in revenue sharing and that revenue sharing funds received must be spent within 24 months. Mr. Owings stated that approximately $350,000 of revenue sharing funds had been used during 1976 -77 to balance the budget; that this amount would represent an approximate 35 cents increase on the tax rate had revenue sharing not been used. Dr. Wright explained the procedure to be followed for Virginia Public - I School Authority bond issues. He stated that the initial issue was proposed to be $1 million dollars to be sold on March 10, 1977; that the Board of Supervisors would be offered the bond money at a special board meeting and at this time the Board must decide to accept or reject the money based on the interest rate. Dr. Wright ttated that the interest rates were 4.98 and 5.68 on the previous two bond sales September, 1977. He advised that the next sale would be in 336 Dr. Wright advised that the highest payback peak for debt service would be in 1980 -81 and that after the VPSA funds are expended, the School Board would then borrow $750,000 from the Literary Fund at 3% interest. He stated that $750,000 is the limit which can be borrowed on one project but that the Virginia General Assembly has been asked to raise this limit to at least $1 million dollars. Dr. Wright advised that most of the other money must be committed prior to spending the money from the Literary Fund. He stated that he hoped the first issue would come in at approximately 58. presented as follows: $5.75 million - VPSA .75 million - Literary Fund 1..00 million - Local The funding breakdown was Mr. Koontz briefly reviewed the need of projects other than schools for the county. Mr. Kenneth Stiles asked if the total cost would not be over $12 million dollars, including principal and interest. Dr. Wright stated that we are proposing a 4 -year school on two campuses and that the new school would be built to eventually handle grades 9 through 12. He advised that the County must look at the long range needs (up to 20 years) in building a new high school. Mr. Rosenberger stated that for several years prior to this board taking office, discussion on the contruction of this school had taken place and that this Board must now fund it. Dr. Wright then referred back to the 1965 State Department Study for connecting James Wood and Kline Elementary School, which plan was abandoned in 1973. He stated that after the currently proposed high school is built the next high school would be contructed in the South or southeastern section of the County; that Frederick County, at some time in the future, would have two 4 -year high schools with approximately 1,400. pupils each. Dr. Wright stated that they were assuming that another use might be found in the future for James Wood. He advised that with a student population of approximately 1 only a classroom wing would have to be added to the new high school and that the other facilities would be adequate for the increased capacity. He advised that an optimistic estimate for the life of the new high school would be approximately 15 to 20 years. Mr. Owings stated that he was opposed to the split campus concept for the high school. He added that according to figures he had compiled, there are currently 1,686 students in grades 10 through 12 and in 1986 there will be 1,801 students. Mr. Owings stated that he could not justify borrowing money for a new high school when there are other demands to be met. He expressed concern about shuttling students between the two schools. Mr. Owings proposed adding to James Wood and then within the next ten years, building a new school when it is needed. He added that he was most concerned about the current economic situation. There followed a general discussion regarding the handling of student transportation between the two campuses. John Solenberger stated that the School Board has spent years reaching this decision and they believe this is the best solution for the money. He stated that the School Board is currently underway in the planning of the proposed project. -337 Dr. Wright discussed briefly the previous suggestion of expanding the current James Wood High School. He stated that the School Board had begun working thAhe high school project in 1965. Dr. Fish recommended building a second high school now rather than the two school concept proposed by the School Board. He suggested bringing James Wood up to a standard for a 9 through 12 high school. Dr. Fish stated that the School and will be faced with building two schools within the next 10 to 20 years if current proposal is followed, rather than building one new 9 through 12 school now and renovating James Wood for 9 through 12. Mr. Boyce stated that less than 40% of the students live south and south- st of Winchester. Dr. Fish asked for the student breakdown at the junior high schools and Wright replied that Frederick County Junior High School has 1,022 students Robert E. Aylor Junior High School has 1,075 students. There followed a short discussion of possible alternatives to the presently site. Mr. Owings stated that we could not afford a substantial building program t this time. Mr. Koontz stated that there is no assurance that the majority of the growth 11 occur south and southeast of the City; that the Frederick County Sanitation thority project is oriented to the north and northeast of the City and the Stephens City sewage systems are at a capacity. Dr. Wright stated that James Wood does not have adequate facilities to be ed; that various departments do not have adequate space and that the asium is not adequate. He stated that James Wood is not adequate for the igh school of the north and that the School Board is not taking the position t another new high school will have to be built in 10 years. Mr. Malcolm stated that his constituents who talked with him, were under impression that the decision on the high school had been made 4 to 5 years that they support the proposed concept and realize that it is a compomise. There followed a discussion with the main points discussed being the ation, size of the facility, and funds. Mr. Rosenberger reiterated the discussion concerning other uses of James 1. He stated that discussion has taken place and the means of paying for the ject is the main question facing the County since the need is evident. Discussion ensued regarding the cost of renovating James Wood to a four r school; the adequacy and age of James Wood; and the need to provide adequate cation. Dr. Wright discussed the various facets of operational expenses and stated that the additional local funds needed for operational expenses, once the new school is built, would be approximately $250,000 per year. Mr. Larrick discussed the need to provide adequate funds for educating the children of the County. Dr. Wright stated that the pays 40% (local funds) of the operating costs of schools. Mr. Rosenberger then thanked the School Board and other school officials for time to meet with the Board of Supervisors to discuss these matters. 333 Mr. Koontz suggested possible regular meeting between the two Boards. Mr. Kenneth Stiles presented a request from the Frederick County Farm Bureau a referendum on the school site. Mr. Koontz then summarized the discussion and the need for weighing input the public. He stated that there was a need for a concentrated effort in with the project. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED H Chairman Bd/ �f Supei?f!isors( ') Secretary Bd. of Supervisors 11 A Regular Meeting of the Frederick County Board of Supervisors was held on February 9, 1977, 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 Dennis T. Cole. The Chairman called the meeting to order. The invocation was delivered by the Reverend Arthur E. Grant of the Kernstown United Methodist Church. APPROVAL OF MINUTES Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the minutes of the Regular Meeting of this Board held on January 12, 1977, as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. HIGHWAY DEPARTMENT Date for Annual Road Hearing Set The Board set the date of March 23, 1977 for the Annual Road Hearing for Frederick County. Requests for Highway Department Investigation Mr. Owings advised that the Highway Department had been contactbd regarding the access ramps onto Routes 37 and 81 and that the request for improvement to the Reliance Church Road has been inspected and a petition will be presented at the Annual Road Hearing in March. Mr. Koontz stated that the improvements to the road in the vicinity of Bass Hoover would have to be completed when the weather improves. The following requests were directed to be sent to the Highway Department for investigation and recommendation: 1. The Board requests the Highway Department to pursue the improvement of the railroad crossing at Middletown as previously requested by the Board. 2. The Board requests the Highway Department to in- vestigate the feasibility of installing a caution light at the intersection of Greenwood Road and Senseny Road because of the heavy congestion said intersection HEALTH DEPARTMENT No report. 339 SCHOOL BOARD REQUEST FOR FUNDING APPROVAL FOR NEW SENIOR HIGH SCHOOL APPROVED Dr. Wright appeared before the Board and read a proposed resolution for funding for the new senior high school and explained briefly the procedure which must be followed. Mr. Rosenberger stated that he would like to have the following two points, which had been discussed at a meeting held on February 7, 1977, entered into the minutes; first, that the 7 one half million dollars would be the maximum amount spent for the project in that this amount included athletic facilities which could be deleted to keep within the maximum amount. Dr. Wright concurred with this statement. Secondly, that the Board of Supervisors would have input in the construction of the building and be kept informed as to exactly how the money is being spent as the building is constructed. Mr. Ray Boyce Chairman of the School Board stated that members of the School Board had agreed to this. Dennis T. Cole moved to approve the resolution as presented and Mr. Rosenberger seconded the motion and presented a brief history of James Wood. Mr. William Reuter appeared before the Board and stated that he did not feel we needed a school at this time. Mr. George Hughes appeared before the Board and stated that he objected to the site selected for the new school inasmuch as the major area for future development was in the southern and eastern sections of the County. He stated that he had been a business manager for a school district for,four years and the cost of transportation as it is proposed in the two school concept would be almost enough to pay the bond interest. He stated that the site would be difficult to develop and has very poor access. He stated that he felt the Board should consider the proposal very carefully. Mr. Donald Baughman appeared before the Board and stated that he felt a great many major expenditures had been made without the benefit of public input. He stated that he felt any issue with an expenditure of $750,000 or more should be brought to public referendum. He requested the Board of Supervisors to pass a resolution along these lines. Mr. Kenneth Stiles of the Frederick County Farm Bureau appeared before the Board and stated that the Board, should they accept the proposal of the School Board, would be making an open -ended financial committment. He stated that the cost of building the school was supposed to be in the neighborhood of $12,000,000 over the next twenty years, but with construction management overruns are not uncommon. He stated that if the school was built as proposed, it would be operating at capacity when it opens. He stated that the School Board proposal is a short -term solution and will not solve the long -term problem. He requested that the matter be put to public referendum as early as March, 1977. Mr. Cole stated that he felt the construction of the new school would help to alleviate the overcrowded conditions in other schools in the County. Mr. Koontz stated that this is correct. Mr. Don Richardson of the Frederick County Taxpayers Association appeared before the Board and stated that they objected to the proposal for the new high school and felt that the matter should be brought to public referendum. He stated that the recently completed renovation at James Wood had been poorly planned and had not solved the overcrowded conditions there. Mr. Richardson stated that the Taxpayers Association would request that Mr. Malcolm and Mr. Koontz abstain from voting on this issue inasmuch as they are closely associated with 340 • County school system. Mrs. Laura Pifer appeared before the Board and stated that she too felt • matter should be taken to the public for final decision. She stated that • County has a great deal of money invested in schools now and before they • opened they are at capacity. She cited Bass Hoover Elementary School as a rime example. She then requested that the Board take more time to consider up- rading the quality of education in this area. Mr. Koontz thanked the public for their input and stated that the Board s had considered the issues very carefully for many months and would not ast frivolous votes. Dr. Fish stated that he had opposed this issue for many months and at a meeting eral weeks ago he had made a statement which he fully intended to honor. He ted that he would consider going back on his word if he felt his vote would be deciding one on this issue. He stated that he felt a sense of inadequacy smuch as he had to vote for something he did not beleive in. He further stated at when he voted on this issue he would be voting with the firm conviction that is proposal for education would be a tragedy for the children, the taxpayers, School Board and the educators in the County. Mr. Owings stated that he too had consistently opposed the two school concept regardless of the outcome of the issue, he would support the School Board 008 in carrying out their duties. He stated that he would vote in a manner which felt would represent the majority of his people in Opequon District. He further that he had talked with approximately 150 of his constituents and of that not one was in favor of the proposed two school concept. Mr. Rosenberger stated that he had considered this matter veXy"carefulTy'4W:Igg last year and had changed his position many times. He stated that he had talked th his constituents and had been told that they elected him to office to re- resent them and this decision must be made by him. .He further stated that hen people are elected to public office they are given the trust of their people nd even though this trust may not always please them, they have elected their epresentative to do a job. Mr. Malcolm stated that the people in Shawnee District knew what he stood for hen he ran for office and knew what he stood for now. He stated that he was lected through a process that may not be good or bad but one on which he would ake his chances and not be intimidated or have subtle attacks on his integrity. e further stated that he would do what he had to do and when he voted he would be oting as the Supervisor from Shawnee District and for what he felt were the ishes of the majority of his constituents. Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, WHEREAS, The County School Board of Frederick County adopted a resolution on anuary 4, 1977, determining the desireability of constructing and equipping a two -year senior high school to provide for the school needs of the County; and, WHEREAS, The Board of Supervisors concurs in the proposal of the County School BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors hereby approves the proposal of the County School A to construct and equip a new two -year senior high school at a now estimated EJ • • 7 E II cost of $7,500,000 and to finance a part of the cost thereof through a $750,000 loan from the Literary Fund and through the sale, from time to time, of school bonds to the Virginia Public School Authority to defray the costs beyond the Literary Fund loan and the local and /or Revenue Sharing Funds. 2. The Board of Supervisors hereby authorizes the County School Board to begin making the necessary arrangements for the loan from the Literary Fund and the sale of bonds to the Virginia Public School Authority beginning with a $1,000,000 sale on March 10, 1977 3. The Board herewith authorizes the employment of Hunton and Williams, • Richmond, Virginia, as its bond counsel in connection with the issuance and sale of $1,000,000 School Bonds to the Virginia Public School Authority. 4. The Clerk of this Board is hereby authorized and directed to cause a certified copy of this resolution to be presented to the County School Board. The members of the Frederick County Board of Supervisors authorize the Chairman and the Clerk of the Board to execute official documents related to the Bond sale and to enter approval and copies of documents in the minutes of the Board. Present: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. Absent: None u The above resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote as recorded in the minutes of the meeting: Member Vote S. Roger Koontz Aye Thomas B. Rosenberger Aye Dr. Raymond L. Fish Aye R. Thomas Malcolm Aye Dennis T. Cole Aye Will L. Owings Nay IN WITNESS WHEREOF, The Board of Supervisors of Frederick County, Virginia has caused this resolution to be signed by the signature of its Chairman, to be countersigned by its Clerk, and its seal to be affixed. /s/ J.O. Renalds, III Clerk, Board of Supervisors Frederick County, Virginia (SEAL /s/ Stanley Roger Koontz Chairman, Board of Supervisors Frederick County, Virginia TREASURER'S REPORT The Treasurer's Report was presented to the Board and accepted. r1 U CONDITIONAL USE PERMIT CUP No: 001 -77 - LEE HY PAVING CORPORATION - APPROVED Mr. Berg presented request for conditional use permit of the Lee Hy Paving Corporation and described the proposed use and location of structures on the property. He stated that the Planning Commission recommended conditioned approval of this permit. Mr. W.C. Crotts, Executive Vice President of Lee Hy Paving Corporation L appeared before the Board in support of this application. Mr. Cole asked if there would be air pollution involved with the operation and if there was a possibility that it might become a permanent industry in the area. 342 Mr. Crotts advised that the plant would fully comply with air pollution trol regulations and that if there is sufficient business, there would be a lity of permanent location in this area. There was no opposition. Upon motion made by Dennis To. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the Conditional Use Permit Number 001 -77 of Lee Paving Corporation to erect a portable asphalt plant and support trailer on property of W. S. Frey at Clearbrook, said permit to be in effect for the ation of the paving of Route 37 or one year, whichever shall be longer. The above resolution was passed by the following recorded vote: Aye - S. Roger ntz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R Thomas , and Dennis T. Cole. The Board recessed for five minutes. - FIRST AND - LEE AND COLE The following ordinances were read on first and second reading: 1. ZMAP No. 001 -77 of Albert A. and Margaret L. Lee, Rt. 1, Box 63, Clearbrook, Virginia, hereby request that 62.84 acres;-.more or less, located East of Bruce - town on the East side of Route 668, approximately 3/10 miles North of intersection with Rt. 672, now zoned Agri- cultural- General (A -2) be rezoned: Residential- Limited (R -1) This property is designated as parcel Nos. 96 and 97 on Tax Map 34(A) and is in Stonewall Magisterial District. 2. ZMAP No. 023 -76 of Denny's Inc., Rt. 7, Box 81 Winchester, Virginia hereby requests that 20.266 acres, more or less, located South of Rt. 7 (behind the American Legion), now zoned Residential- Limited (R -2) be rezoned Industrial- Limited (M -1). This property is designated as parcel Nos. 107(S), 41(A) on Tax Maps 54, 55 and is in Stonewall Magisterial District. SUBDIVISIONS Plat Revision - Oak Hill Subdivision - Approved Mr. Berg presented the request for plat revision of Oak Hill Subdivision ing that the two lots would be combined into one lot. He described the of said subdivision. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, ginia, does herein approve the plat revision of Oak Hill Subdivision, Section 1, Opequon Magisterial District for a lot line adjustment thereby combining lots into one, as presented by the Director of P lanning and Development. The above resolution was passed by the following recorded vote: Aye - S. Koontz, Thomas B. Rosenberger, Will L. Owings, Dr. Raymond L. Fish, Thomas Malcolm, and Dennis T. Cole. DISCUSSION - TREASURER' Mr. Rosenberger stated that the Treasurer's Report shows 45 suits having filed on back taxes. Mr. Ambrogi stated that these were the first of many that they would be returnable tomorrow. He stated that they were filing a few a time and that to date two had been contested. Mrs. Keckley stated that eight of the suits had been paid to her office but she did not know how many had been paid to the Judge. She also advised that t on the 1976 taxes appears to be ahead of last year's payments to date. ,. p.. • • • 343 u CITIZENS CONCERN Mr. Rosenberger stated that he had received a complaint from a lady who had been issued a summons and fine for not having purchased a dog tag. She :had advised Mr. Rosenberger that she had been unable to obtain the tag because of the weather conditions. Mr. Ambrogi stated that the Board would have no authority to withdraw the summons or fine and the party must appear in court to answer or contest the charge. COMMITTEE REPORTS Committee on Engineering and Code Enforcement Mr. Malcolm presented the recommendations from the Committee on Engineering and Code Enforcement and the following action was taken: Back to ineering Committee Mr. Malcolm stated that the Engineering Committee had considered very care- 1 �J fully the trash collection system in the County and the proposal for trash collec- tion submitted by the Environmental Council. He advised that the Committee recommended that the County explore the possibilities for continuing the service or the Board should make a decision to get completely out of the business. Mr. Rosenberger then moved to do away with the collection service as far as the County is concerned and refer it back to the Committee for further re- commendation with a possible option of opening it up for bid for private enterprise. This motion was seconded by Dennis T. Cole. Mr. Charles Boyd of the Frederick County Environmental Council appeared before the Board and briefly outlined the plan for trash collection as sub- mitted by the Council stating that the Council felt the system must be continued but could only be operated efficiently through private enterprise. Mr. Kenneth Stiles appeared before the Board representing the Frederick • L7 County Farm Bureau and stated that they felt the system was a benefit and service to both the citizens and the County but did not feel the County should foot the bill for the service. He further suggested that the Sheriff's Department police the collection areas. Dr. Fish stated that he felt the Board's recommendation to the Committee should include the possibility of expanding the present container system to selected locations and in seeking these locations, it would be good to find some areas further off the main arteries which would be accessible to local residents and not so accessible to out of state people. Thereupon the above motion was passed by the following record vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Building Permit Refund Policy Amended Mr. Malcolm presented a recommendation wherein 80% of a building permit fee would be refunded provided certain stipulations were met, this recommendation raising the amount of refund from 50 %, at it currently stands, to 80 %. There followed a short discussion as to whether or not 100% of the fee should I be refunded in the case of death of one of the applicants. Mr. Malcolm moved to approve the Committee recommendation setting forth a refund of up to 80 %. This motion was seconded by Will L. Owings. Mr. Rosenberger then moved to amend the above motion to set forth a refund of 100% in the case of death of one of the applicants. This motion was seconded by Dennis T. Cole and approved by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm and 344 and Dennis T. Cole. Nay - Dr. Raymond L. Fish. Therefore upon motion made by R. Thomas Malcolm, seconded by Will L. Owings, amended by motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, inia does herein direct that the current policy of refunding up to 508 of the fee on a building permit when the holder of the permit has not begun con- struction and requests a refund, be changed to permitting the refund of up to 808 of the fee paid when construction has not begun and the individual holding the permit requests a refund, said policy would pertain only to permits for which struction has not begun; and, BE IT FURTHER RESOLVED, That the Board does direct that in those cases of th of one of the applicants, a 1008 refund of the building permit fee will be forthcoming to the applicant when construction has not begun; and, BE IT FURTHER RESOLVED, That the Director of Accounting is hereby authorized to make said refunds from the General Revenue Fund; and, BE IT FURTHER RESOLVED, That said refunds shall be made only upon written certification from the Director of Inspections. 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 Dennis T. Cole. P ROPOSED CONTRACT WITH FP ADMINISTRATION - DISCUSSED Mr. Malcolm stated that the Engineering Committee had requested the Board to reconsider the proposed contract with the Farmers Home Administration regarding building permits. Mr. Cole stated that he still disagreed with this proposal inasmuch as the builder is bound by a one -year agreement on any FHA home. Mr. Renalds advised that this is true, however FHA has no authority to make the builder correct any problems; they will not intervene. Mr. Owings suggested getting an opinion from the Commonwealth Attorney before any action is taken. Dr. Fish stated that he did not feel the County should become involved in this tter; that the issue should be between the builder and the buyer. Mr. Rosenberger concurred with Mr. Cole and Dr. Fish. Therefore no action was taken and the previous action of the Board would remain in effect. ON NEWS MEDIA TO COMMITTEE ON Mr. Rosenberger stated that he did not feel the news media should be appraised of discussions or committee recommendations until the entire Boards acts upon it. There followed a short discussion between the Board and the press with the County Administrator explaining the policy currently being followed. The Board referred the matter to the Engineering and Code Enforcement Committee for study and recommendation of a policy to be followed whereby the press and the public would be kept abreast of the business to be conducted by the Board. Finance Committee Mr. Rosenberger presented the recommendations of the Finance Committee and the following action was taken: 1 • • • ` L 345 ITGO STATION LEASE (KREMER OIL CON THIRTY DAY Mr. Rosenberger advised the Board that the Finance Committee recommended that a thirty day termination notice be imposed on the rental of the CITGO property by Kremer Oil Company. Dr. Fish stated that although he agreed with the recommendation in part he also felt perhaps the County should pursue other options for the use of this property. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein direct that the tenant of the County owned property on the corner of Cameron and Boscawen Streets, namely Kremer Oil Company, be notified that upon expiration of the lease on said property on July 12, 1977, they shall be on a thirty '(30) day termination notice. The above resolution was passed by the following recorded vote: Aye - 0 • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. SHERIFF'S DEPARTMENT - BUDGET ADJUSTMENT - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the following adjustment is hereby authorized to the 1976 -77 budget in order that General Fund appropriations for salaries of deputy sheriffs and /or jailors be adjusted to equal salaries as allowed by the State Compensation Board: INCREASE GENERAL REVENUE FUND 05 -6340 Reimbursement Salaries $1,644.84 Supplemental Appropriation 822.42 $2,467.26 INCREASE GENERAL OPERATING FUND APPROPRIATIONS 06- 006A -106M Deputy VI $1,157.96 06- 006A -106N Deputy VII 551.00 06- 006A -106V Process Server 345.06 06- 006B -106D Jailor III 413.24 Total: $2,467.26 The above resolution was passed by the recorded vote: Aye - S.. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. DATA PROCESSING DEPARTMENT - BUDGET ADJUSTMENT - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, • Virginia that the following appropriation transfer within the 1976 -77 General Operating Fund budget is hereby authorized: T RANSFER TO O1 -OO1F -1:090 Compensation of Keypuncher $1,054.00 - TRANSFER FROM: 18- 018E -299B Reserve for Contingencies $1,054.00 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 Dennis T. Cole. LIVESTOCK CLAIMS - MEADE AND BROWN - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following claims for livestock kill as recommended by the Dog Warden: R 1. Kenneth Meade, Rt. 1, Gore, Virginia 1 cow at $200.00 2. R.W. Brown, Rt. 1, Stephenson, Virginia 12 ducks at $2.00 = $24.00 4 Geese at $2.50 = $10.00 Total $34.00 The above resolution was passed by the following recorded vote: Aye - 1IS. "Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, IIR. Thomas Malcolm, and Dennis T. Cole. ( WHEELS, INC. - PERSONAL PROPERTY TAX REFUND - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, IlVirginia does herein approve a refund in the amount of $143.38 to Wheels, Inc., 16200 Northwestern Avenue, Chicago, Illinois, 60659 for the erroneous payment of Ilpersonal property taxes. The above resolution was passed by the following recorded vote: Aye - IS. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, IR. Thomas Malcolm, and Dennis T. Cole. APPONTMENTS - HIGHWAY SAFETY COMMISSION AND PLANNING COMMISSION - CARRIED FORWARD TO NEXT MEETING At the request of Mr. Rosenberger, The appontments to the Highway Safety Commission and the Planning Commission from the Back Creek District were carried forward to the next meeting. RESOLUTION PERMITTING CLERK'S OFFICE TO CLOSE ON SATURDAYS - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings. BE IT RESOLVED, By the Frederick County Board of Supervisors that in laccordance with Title 17, Chapter 2, Article 2, Section 17 -41 of the Code of (Virginia (1950) as amended, that the Board does hereby approve the closing of the Circuit Court Clerk's Office on Saturdays, effective this date. The above resolution was passed by the following recorded vote: Aye - IS. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, JR. Thomas Malcolm, and Dennis T. Cole. OF JAMES WOOD 'IVE ASSOCIATION TC Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick IVirginia does herein approve the request of the James Wood Student Cooperative Association to use two voting machines on Saturday, April 16, 1977, said machines 3 to be used in the elction of State Officers of the Virginia Student Council (Association. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas Be. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, And Dennis T. Cole. MONTHLY STAFF REPORT ACCEPTED The monthly staff report was accepted by the Board CAPITAL FACILITIES IMPROVEMENT COMMITTEE APPOINTED Mr. Koontz appointed Mr. Thomas Malcolm, Mr. Dennis Cole and the five constitutional officers to serve on a Capital Facilities Improvement Committee to study what capital expenditures might be necessary in the next four to five years in the County. He further requested Mr. Renalds and Mr. Boyd to serve in an advisory capacity on this committee and stated that he might also appoint a citizen member to said committee. • r - 1 L • 347 REPORT - CHAIRMAN House Bill 2008 - Reassessment Mr. Koontz reported that House Bill 2008 dealing with delaying the re- i had gathered a great deal of support. assessment requirements had come out of committee with a vote of 18 to 1 and Letter to Governor Re: 65 Degree Setting on Thermostats in Schools Mr. Koontz advised the Board that he had written a letter to the Governor requesting that thermostats in schools be raised to 68 degrees inasmuch as there is such a great deal of absenteeism within the County schools due to colds and related illnesses. SHERIFF'S DEPARTMENT REQUEST FOR FUNDS TRANSFER - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the following transfer of funds within the 1976 -77 budget as requested by the Frederick County Sheriff's Department: TRANSFER FROM 6B -214 Rental Uniforms $1,000.00 6C -214 Rental Uniforms 1,000.00 Total---- - - - - -- $2,000.00 TRANSFER TO 6A -2200 Traveling Expenses $ 500.00 6A -2210 Schools & Training 500.00 6A -3190 Office Supplies 500.00 6A -3250 Uniforms 500.00 Total---- - - - - -- $2,000.00 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 Dennis T. Cole. BUDGET DISCUSSED Mr. Renalds advised the Board that the various budgets would be referred n U to the appropriate committees for review and Board deliberations would begin in March. Mr. Rosenberger requested Board members to stop by Mr. Boyd's office to go over some of_ the budget figures -befor-e .dd-liberations',beg m. Mr. Malcolm advised the Board that the Welfare Department had been under a much greater demand this year than last and there was a possibility they would need additional money in the upcoming budget. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED Sobretary Bd. of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. March 9, 1977, at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9, Court Square, Winchester, Virginia. 8 M ' • PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice - Chairman; Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. INVOCATION: The Reverend Josiah Andrew of United Methodist Church delivered the invocation. The Chairman called the meeting to order. APPROVAL OF MINUTES Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approved the minutes of the Special Meeting of this Board held on February 7, 1977 and the Regular Meeting held on February 9, 1977 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. HIGHWAY DEPARTMENT Mr. Renalds announced that a meeting would be held in Staunton on the State's arterial highway system and any comments the Board members might have could be delivered either in person or by mail. He advised that a letter had been written requesting upgrading of the road which will serve the new high school. Mr. Malcolm stated that the County section of Woodstock Lane is in very poor condition and in need of repair. He requested that the highway Department be contacted and requested to investigate this section of road and schedule it for repair as soon as possible. HEALTH DEPARTMENT No Report. SCHOOL BOND ISSUE - APPROVED Dr. Melton Wright appeared before the Board and introduced Mr. Harry Fraizer, proposed bond counsel for the school bond issue. Mr. Fraizer explained briefly the procedure which must be followed for the sale of bonds to construct the new high school. Conflict of Interest Resolution - Approved Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, WHEREAS, The Board of Supervisors of Frederick County desires to retain the firm of Hunton & Williams, Richmond, Virginia, as its bond counsel in con- nection with the issuance and sale, from time to time, of school bonds for a new senior high school; and; WHEREAS, The Board of Supervisors has recieved a disclosure by Hunton & Williams, pursuant to Virginia Code Sections 2.1 349(a) (2) and (b)(5), being part of the Virginia Conflict of Interests Act, of certain members and associates of such firm, and spouses of members or associates, who serve governmental agencies other than the County: BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. Hunton & Williams, Richmond, Virginia shall be retained as bond counsel in connection with the issuance and sale, from time to time, of school bonds for a new senior high school. 2. The agreement to retain Hunton & Williams as bond counsel is a contract for legal services which;. in the judgment of the County, in the public interest should not be acquired through competitive bidding. • 1 • • 1 • 349 3. This resolution shall be filed as a matter of public record with the minutes of this meeting. The above resolution was passed by the following roll call vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. Resolution AuthoKizing the Issuance and Sale of $1,000,000 School Bonds, Series of 1977A, of Frederick County, Virginia and Providing for the Form, Details and Payment Thereof Upon motion made by Thomas B::. Rosenberger and seconded by Dennis T. Cole BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. It is hereby determined to be necessary and expedient for Frederick n U County to finance capital projects for public schools by contracting a debt in the amount of One Million Dollars ($1,000,000), issuing its school bonds therefor and selling the same to the Virginia Public School Authority, a state agency prescribed by the General Assembly pursuant to Article VII. Section 10(b) of the Constitution of Virginia. 2. It is hereby determined to be in the best interests of Frederick County • to accept the offer of the Virginia Public School Authority to purchase the bonds at a yield basis not to exceed .10% greater than the Authority must pay on the bonds which it will sell to provide the necessary funds to purchase the County's bonds; provided that the offer of the Virginia Public School Authority shall not be finally accepted and the bonds shall not be awarded until the Board of Supervisors shall have approved the rate or rates of interest, as finally determined, which the bonds are to bear. 3. The bonds shall be dated December 15, 1976, shall be designated r 1 L I "School Bonds, Series of 1977A ", shall mature in numerical order in installments of $50,000 on December 15 in each of the years 1977 to 1996, inclusive, without option of prior redemption and shall bear interest payable semiannually on June 15 and December 15 at such rate or rates as may be determined prior to their sale. 4. At the request of the Virginia Public School Authority the bonds shall be issued initially as fully registered bonds without coupons, with one bond being issued for each maturity, numbered R -1 to R -20 inclusive. Principal and interest on the bonds shall be payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond Virginia. The bonds shall be signed by the Chairman of the Board of Supervisors, shall be countersigned by its Clerk and its seal shall be affixed thereto. 5. The fully registered bonds shall be in substantially the following form: n U (FORM OF REGISTERED BOND) No. R- $50,000 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA FREDERICK COUNTY School Bond, Series of 1977A i Frederick County, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to the order of 350 VIRGINIA PUBLIC SCHOOL AUTHORITY Upon presentation and surrender hereof the sum;: of FIFTY THOUSAND DOLLARS ($50,000) on December 15, 19 and to pay to the Virginia Public School Authority interest from the date hereof to maturity at the rate of per cent ( % ) per year, payable semiannually on June 15 and December 15. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia. This bond is one of an issue of $1,000,000 School Bonds, Series of 1977A, of like date and tenor, except as to number and maturity, and is issued pursuant to Article VII, Section 10(b) of the Constitution of Virginia and the statutes thereof, including the Public Finance Act, as amended, to provide funds for financing capital projects for public schools. This bond may be exchanged without cost at the principal office of United Virginia Bank, Richmond, Virginia, for an equal aggregate principal amount of coupon bonds without privilege of registration, of the denomination of $5,000 each of the same maturity, bearing interest at the same rate and having attached thereto coupons representing all unpaid interest due or to become due thereon. The full faith and credit of Frederick County are hereby irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of Frederick County, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors - of Frederick County, Virginia, has caused this bond to be signed by its Chairman, to be countersigned by its Clerk, its seal to be affixed hereto and this bond to be dated December 15, 1976. COUNTERSIGNED: Clerk, Board of Supervisors (SEAL) Chairman, Board of Supervisors Of Frederick County, Virginia of Frederick County, Virginia 6. Fully registered bonds without coupons may be exchanged at the expense of the County at the principal office of United Virginia Bank, Richmond, Virginia, for an equal aggregate principal amount of coupon bonds without privilege of registration, of the denomination of $5,000 each, appropriately numbered, of the same maturities, bearing interest at the same rate of rates and having attached thereto coupons representing all unpaid interest due or to become due thereon. Upon request of the Virginia Public School Authority, the County shall execute and deliver as soon as practicable coupon bonds in exchange for fully registered bonds. All fully registered bonds surrendered in any such exchange shall be cancelled 7. Principal and interest on the coupon bonds shall be payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia, or Farmers & Merchants Nation Bank, Winchester, Virginia, the the option of bearer. The bonds shall be signed by the manual or facsimile i • 1 • • • 351 signatures of the Chairman and Clerk. 8. The coupon bonds and the coupons attached thereto shall be in i substantially the following form: (FORM OF COUPON BOND) No. $5,000 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA FREDERICK COUNTY School Bond, Series of 1977A Ll Frederick County, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the sum of FIVE THOUSAND DOLLARS ($5,000) i L� on December 15, 19 , and to pay interest thereon from the date hereof to maturity at the rate of per cent ( 8) per year, payable semiannually on June 15 and December 15 upon presentation and surrender of the attached coupons as they become due. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia, or Farmers & Merchants National Bank, Winchester, Virginia, at the option of bearer. This bond is one of an issue of $1,000,000 School Bonds, Series of 1977A, of like date and tenor, except as to number and maturity, and is issued pursuant to Article VII, Section 10(b) of the Constitution of Virginia and the statutes thereof, including the Public Finance Act, as amended, to provide funds for financing capital projects for public schools. The full faith and credit of Frederick County are hereby irrevocably • r J �J pledged for the payment of principal of and interest on this bond. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of Frederick County, is within every debt and other limit pre- scribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of Frederick County, Virginia, has caused this bond to be signed by the manual or facsimile signature of its Chairman, to be countersigned by its Clerk, its seal to be affixed hereto or a facsimile thereof printed hereon, the attached interest coupons to be authenticated by the facsimile signatures of its Chairman and Clerk, and this bond to be dated December 15, 1976. COUNTERSIGNED: (SEAL) ' Clerk, Board of Supervisors Chairma oard o upe�v sors of Frederick County, Virginia of Frederick Cou " V�irgi is 352 (FORM OF COUPON) No. _ June On December 15, 19 sume of Dollars ($ ) in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia, or Farmers & Merchants National Bank, Winchester, Virginia, at the option of bearer, being the semiannual interest then due on its School Bond, Series of 1977A, dated December 15, 1976, and numbered Clerk, Board of Supervisors Chairman, Board of Supervisors of Frederick County, Virginia of Frederick County, Virginia 9. The full faith and credit of Frederick County are hereby irrevocably l� pledged for the payment of principal of and interest on the bonds. There shall be levied and collected ..annually on all locally taxable property in the County an ad valorem tax over and above all other taxes authorized or limited by law sufficient to pay such principal and interest as the same respectively become due and payable. 10. After the bonds have been awarded, the Chairman and Clerk of the Board of Supervisors are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the Treasurer of Virginia on behalf of the Virginia Public School Authority upon payment therefor. 11. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this resolution to be delivered forthwith to the Clerk of the County School Board of Frederick County. The bonds hereby authorized shall not be issued by the Board of Supervisors until the County School Board shall have adopted an appropriate resolution consenting to the issuance of the bonds. 12. Such officers of Frederick County as may be requested are hereby authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the bonds issued pursuant hereto in order to show that such expected use and investment will not violate the provisions of Section 103(c) of the Internal Revenue Code of 1954, as amended, and regulations issued pursuant thereto, applicable to "arbitrage bonds ". Such certificate shall be in such form as may be requested by bond counsel for the County. 13. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this resolution to be filed forthwith with the Circuit Court of Frederick County and within ten days thereafter to cause to be published one in a newspaper having general circulation,in the County a notice setting forth (1) in brief and general terms the purpose for which the bonds are to be issued and (2) the amount of such bonds. 14. All resolutions or.parts of resolutions in conflict herewith are hereby repealed. 15. This resolution shall take effect immediately. The above resolution was passed by the following roll call vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; R. Thomas Malcolm, Aye; Will L. Owings, Aye; and Dennis T. Cole, Aye. E , Frederick County, Virginia, will pay to bearer the • • • • L 353 J PUBLIC HEARINGS: REZONING REQUEST ALBERT A. LEE, ET UX - 62.84 ACRES FROM A -2 TO R -1 - DENIED Mr. Berg presented the rezoning request of Albert A. Lee, et ux and described the location and proposed use of the property. He stated that the Planning Commission recommended denial of this request because it did not conform with the Land Use Plan especially in lot size and concentration of septic tank systems. Mr. Cole stated that he had received some objections to this request from adjoining landowners. No one appeared either in support of, or in opposition to this request. • • Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny the following rezoning request: ZMAP NO. 001 -77 OF ALBERT A. AND MARGARET E. LEE, RT. 1, BOX 63, CLEARBROOK, VIRGINIA, HEREBY REQUEST THAT 62.84 ACRES, MORE OR LESS, LOCATED EAST OF BRUCETOWN ON THE EAST SIDE OF ROUTE 668, APPROXIMATELY 3/10 MILES NORTH OF INTERSECTION WITH ROUTE 672, NOW ZONED AGRICULTURAL - GENERAL (A 72) BE REZONED RESIDENTIAL - LIMITED (R -1). THIS PROPERTY IS DESIGNATED AS PARCEL NOS. 96 & 97 ON TAX MAP 34(A) AND IS IN STONEWALL MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. REZONING REQUEST DENNY'S, INC. - 20.266 ACRES FROM R -2 TO M -1 - APPROVED Mr. Berg presented the rezoning request of Denny's Inc and described the location and proposed use of the property. Mr. Randolph Larrick appeared before the Board representing Denny's, Inc. u and described the surrounding property and the zoning of each parcel. He stated that the subject property is not suitable for residential use nor is it desirable for commercial use. Mr. Larrick stated that there is a need for additional industrial zoned property in Frederick County and that the petitioner felt this would be the best use for the property. Mr. Earl Haines appeared before the Board in support of this application stating that he also felt the best use for this property was industrial. Mr. Norman Garrison appeared representing Mrs. Martin, an adjoining pro- perty owner and stated that they too were in support of this application. He added that there is a natural barrier between the subject property and surrounding properties. Mr. Rosenberger stated that there is a stream on the east side and a wooded • area adjacent to the property which does form a natural barrier between this property and the residential area. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, 1 Virginia, does.herein approve the following rezoning request: ZMAP NO. 023 -76 OF DENNY'S, INC., RT. 7, BOX 81, WINCHESTER, VIRGINIA HEREBY REQUESTS THAT 20.266 ACRES, MORE OR LESS, LOCATED SOUTH OF RT. 7 (BEHIND THE AMERICAN LEGION), NOW ZONED RESIDENTIAL- LIMITED (R -2) BE REZONED INDUSTRIAL- LIMITED (M -1). THIS PROPERTY IS DESIGNATED AS PARCEL NOS. 107(S), 41(A) ON TAX MAPS 54, 55 AND IS IN STONEWALL MAGISTERIAL _DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Abstaining - Dennis T. Cole. r , 410M CHAPTER 10 BOARD - PRESENTATION Mr. James Sumption, Chairman, Mr. David Schwemer, Executive Director, and Mrs. Catherine Monte, Frederick County's representative on the Chapter 10 Board, appeared and Mr. Sumption presented a brief outline of the Chapter 10 Board program for the upcoming fiscal year, and described the goals and objectives ' the agency hopes to achieve. He explained briefly the funding necessary to carry out this program. Mr. Schwemer stated that the presentation was not intended to be based wholly on dollars and cents but to alert the Board to several programs with which they might be faces in the future and to secure the input of the Board on these programs. Mr. Malcolm requested that a copy of the letter sent to Mr. Lukhard re- be • garding the location of patients from state institutions in the County sent to the Chapter 10 Board for information. ENGINEERING COMMITTEE RECOMMENDATIONS: Mr. Malcolm presented the recommendations from the Engineering Committee and the following action was taken: Cold weather Emergency Resolution - Approved Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, ' BE IT RESOLVED, That as a result of the severe weather experienced by the County of Frederick, Virginia, during the period of January 1, 1977 • through February 10, 1977, the Board of Supervisors does hereby declare that an emergency existed during the stated time period; and, BE IT FURTHER RESOLVED, That the Director of Emergency Services is hereby authorized to make such applications that may be necessary to insure that maximum assistance is rendered to the County of Frederick. 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 Dennis T. Cole. Resolution Establishing Emergency Services Chain o Command- Approved • Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, WHEREAS, Section 44- 146.19(e) of the Code of Virginia, as amended, requires a chain of command be established in an emergency operations plan; and, , WHEREAS, The emergency operations plan adopted by the Frederick County Board of Supervisors on January 12, 1977 did not include a chain of command for the Director's position, THEREFORE, BE IT RESOLVED, By the Frederick County Board of Supervisors that Section IV of the emergency operations plan be amended to include the following information: • F. While the Chairman of the Board of Supervisors shall serve as the Director of Emergency Services in Frederick County, Virginia, in his absence, the following line of succession shall determine the acting Director of emergency services: First - The Vice - Chairman of the Board of Supervisors Second - The Supervisor having the most seniority on the Board which shall be determined by the total years of service on the Board. Third - If the line of succession determines two or more Supervisors are next in line, then the determining factor shall be made by the alphabetical succession of the magisterial districts, ' i.e., Back Creek, Gainesboro, Opequon, Shawnee and Stonewall. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Roenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. 355 Current Procedure for Committee Recommendations To Remain in Effect Mr. Malcolm stated that after careful study and consideration, the Engineering) Committee felt that the current procedure regarding committee recommendations should be retained. He added that the committee felt that Committees should be able to make recommendation to the Board before news articles are written about them. The Board accepted this recommendation. Budget Adjustments - Frederick County Landfill - Approved Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, U U that the following budget adjustment for the fiscal year 1976 -77 is hereby authorized: INCREASE GENERAL REVENUE FUND REVENUE ESTIMATE 05 -6872 Public Works Employment Act - Title II INCREASE GENERAL OPERATING FUND APPROPRIATIONS 10 -01 -G -2260 Special Service GENERAL OPERATING FUND TRANSFERS Transfer From: 19- 01OG -499A Containers $3,000,00 19 -01OG -499A Signs 500.00 19 -01OG -6010 Site Preparation 4,000.00 7,500.00 Transfer To: 10- 01- G -215A Repairs and Replacement - Vehicles $13,500 $13,500 $7,500.00 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 Dennis T. Cole. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, u • that the following budget adjustment for the fiscal year 1976 -77 is hereby authorized: INCREASE GENERAL REVENUE FUND ESTIMATES 05 -7220 Landfill Fees $15,000.00 INCREASE GENERAL FUND APPROPRIATION 10- 01OJ -215B Repair and Replacement Building and Grounds 2,000.00 10- 01OJ -215C Repair and Replacement Equipment 7,000.00 10 -01OJ -299 Contractual Services 6,000.00 Total: $15,000.00 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 Dennis T. Cole. Progress Report on Trash Collection System in County Presented Mr. Renalds presented several pictures of sites in Augusta County where large container sites are maintained. He stated that basically the recom- mendation of the Committee is to eliminate several small container sites and replace them with large containers and continue with the remaining small container sites. He added that the Committee felt the ultimate answer to the problem was house to house collection but the people using the system should be the ones to pay for it. Mr. Malcolm stated that the Committee felt that the abuse of the current system needs to be corrected by enforcement of the trash container ordinance and that without proper enforcement the trash problem would continue and therefore he had written a letter to the Sheriff requesting his assistance in this regard. He read the letter to the Board and the members concurred. Mr. Rosenberger requested the Committee to study the possibility of erecting high fences around the container sites to eliminate the blowing of debris on the adjoining property owners. Mr. Malcolm stated that the proposal submitted by the Environmental Council had been considered but the Committee felt there were too many obstacles to over- come with this plan to make it feasible, i.e., the financial aspect would be excessive, the Committee sensed the Board did not feel they could approve a door to door pick up in the County, and it would have been a complicated procedure for the administration to work with. Mr. Koontz asked if the proposed plan was approved would the County be in the trash collection business or would we dispose of our equipment? Mr. Renalds stated that the County would only locate and build the sites; that the contractor would have the equipment and maintain the system. Dr. Fish asked if the acquisition and construction of the sites would not be expensive and Mr. Renalds advised the most of the current sites would be large enough. Mr. William D. Pike, Director of Parks and Recreation, appeared before the Board and respectfully requested that the trash container currently located at Clearbrook park be moved to another location inasmuch as it is causing a very severe problem.at the park. Mr. Charles Boyd appeared before the Board and advised that the Environ- mental Council has once again met with the haulers in the County and would like to meet again with the Engineering Co mnittee to present several facts and figures they have derived from said meeting. Mr. Edwin Fiddler appeared before the Board and stated that he felt part of the problem was the fact that commercial businesses are using the container sites. He further stated that he did not understand why a container site could be located within 15 feet of a property line when a building permit could not be obtained within this distance. Mr. Hugh Price appeared and requested to Board to conduct a study to determine how many city residents are using the container sites. Mrs. Catherine Monte stated that the Sheriff's Department is checking these sites as she has seen them on several occasions. Dr. Fish stated that he was still receiving a lot of complaints on the Albin site and further that he would not be in favor of spending a great deal of money to develop the proposed system inasmuch as he did not feel it would solve the problem. Mr. Malcolm stated that he did not at this time know what plan the Committee would recommend to the Board, but regardless, it would take the cooperation of everyone to make it work. Dr. Fish stated that the problem we are experiencing was not unforseen before it was developed and that the original idea was to eliminate the roadside dump. He added that the system has in effect moved the dumps onto the arterial highways so that they are in view of everyone. I • 1 C � J • 357 FINANCE COMMITTEE RECOMMENDATIONS: Mr. Rosenberger presented the recommendations of.the Finance Committee and the following action was taken: Exoneration of Delinquent Landfill Accounts - Approved BE IT RESOLVED, By the Frederick County Board of Supervisors that the following delinquent landfill accounts are hereby charged off and the Treasurer is hereby relieved of collection of these accounts: Account Name Amount 12400 Carter Brothers. $ 1.18 14050 Clarke,' W. H. 5.06 15800 Cork & Kent Atlantic Service 1.45 16900 Davis Construction Company 2.98 2,5700 Grites, George 1.26 39010 Macs Sunoco 1.18 51425 Rogers TV Service 5.20 77780 Wolfe Paving Contr. 1.00 80510 Forman Footing & Siding 8.96 80528 WASTE Reduction Inc. .$739.82 80542 Kane Electric Contr. 3.36 80546 Gran -ite Const. 7.81 80567 Ray -Land Corp. 5.80 80573 Carter, H. J. 15.20 80576 Rouss Const. Co. 1.45 80581 Andrews Const. Co. 5.74 80591 White, Frank 5.40 80601 Newlin, David 2.36 80609 Holiday Inn East 1.18 80617 J. D. Tree'Co. 1.36 80624 Feathers, Earl C. 1.18 80639 Wetherall, W.D. Jr. 1.86 80642 Fowler, Edward R. 33.26 80667 Hart, Thomas 7.11 80733 C & S Construction 1.45 80740 Peacemaker, Dennis L. 1.45 80753 C & S Logging 7.40 80760 Altec Electronic 1.45 Total: $872.91 Be it further resolved that the County Engineer is hereby directed to instruct his employees that these accounts shall not be allowed to use the land- fill until such time as the delinquent accounts are paid 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 Dennis T. Cole. 353 Budget Adjustment - Treasurer's Office - Office Equipment - Approved Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings. Be it resolved by the Frederick County Board of Supervisors that the following appropriation transfer within the 1976 -1977 General Operating Fund budget is here- by approved: Transfer To 19 -003A -405 Office Equipment Transfer From 03- 003A -109C Extra Help $750.00 $750.00 The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. LAW ENFORCEMENT COMMITTEE RECOMMENDATIONS Mr. Cole presented the recommendations of the Committee on Law Enforcement and Courts and the following action was taken. Resolution Regarding Update of Junk Car Ordinance - Approved Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein accpet and support the recommendation of the Planning Commission Committee to make revisions to the County's Junk Car Ordinance and does herein urge the Committee and the Planning Commission to recommend measures for the Board action to effectively remove and screen roadside junkyards and storage lots. 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. Thome SUPPLEMENTAL APPROPRIATION - REPAIR OF JAIL WALL - APPROVED Malcolm & Dennis T. ColE Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors that a supplemental appropriation in the amount of $12,000 be made to provide the County share of rebuilding the wall at the Frederick - Winchester Jail, said funds to be used as the County's share of the total cost of the project, said share of the total cost to be split on a 508 basis with the City of Winchester. 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 Dennis T. Cole. TRANSFER - FUNDS FOR REGIONAL JAIL CONCEPT - APPROVED Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following appropr -ation transfer within the 1976 -1977 General Operating Fund budget is hereby authorized for the purpose of funding Frederick County's share of the proposed Frederick - Winchester - Clarke- Warren jail operation: TRANSFER TO 06 -006B -299 Co. Share - Regional Jail Concept $ 885.95 TRANSFER FROM: 18- 018E -299B Reserve for Contingencies 885.95 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 Dennis T. Cole. RESOLUTION HONORING GARLAND R. QUARLES - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, It is the policy of this Board to recognize and pay homage to outstanding personalities-that have made, and are making significant contributions to our area; • • • • 359 One of the outstanding contributors to the high moral values of our community is Garland R. Quarles; It is the intention of this governing body to recognize this man in honor of himself, and the influence he has had on the lives of other people; WHEREAS, This Board of Supervisors intends to place its highest honor upon Garland R. Quarles; and, WHEREAS, His contributions have been outstanding and his influence widespread; NOW, THEREFORE BE IT RESOLVED, That we, the members of the governing u body, representative of the citizens of the County of Frederick, Virginia, do honor you, Garland R. Quarles, with this resolution of accomplishment during your lifetime. Signed and attested this 9th day of March, 1977 /s/ S. Roger Koontz S. Roger Koontz Chairman Frederick County Board of Supervisors u ATTEST: /s/ J..O. Renalds, III (SEAL) J. O. Renalds, III County Administrator The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. The Board recessed for ten minutes. CITIZENS CONCERN: Mr. Cole stated that the main concerns he had heard in his district were relative to the road conditions. There was a brief discussion on the possibility of extending the time limit on dog tags. Dr. Fish requested the County Administrator to contact the Highway Depart- n LJ ment to investigate and repair potholes located on the crests of hills on Route 739 (Apple Pie Ridge Road) inasmuch as they are creating a very hazardous condition on said road. Mr. Rosenberger requested Mr. Berg to check on a complaint he had received regarding an alleged illegally parked trailer in his district. Mr. Rosenberger stated that he felt there was a great need for recreational LJ facilities in the Back Creek Gainesboro areas. He advised the Board that a piece of property, approximately 90 acres in size, had become available and was being investigated by the Board members and the Commission on Parks and Recreation for possible purchase. He requested special meetings be held by the Parks and Recreation Commission, Finance Committee and public groups to get this project started. Mr. Henkle Pitcock and Mr. Robert Dyer appeared before the Board and registered complaints against the Frederick County Building Inspector. Mr. Koontz requested the two gentlemen to meet with the County Administrator to discuss their problems and stated that he too would try to meet with them. REFUND PERSONAL PROPERTY TAXES - S PERRY & HUTCHINSON - APPROVED Upon motion made by Will L. Owings and seconded by Thomas B: Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a refund in the amount of $136.35 to Sperry & Hutchinson, c/o John Copeland, Middletown, Virginia, for the erroneous payment 360 of personal property taxes as recommended by the Commissioner of Revenue. 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 Dennis T. Cole. LIVESTOCK CLAIM - W. F. MADIGAN - APPROVED Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the claim for livestock kill of W. F. Madigan, Rt. 1, Box 99, White Post, Virginia in the amount of $200 for one cow, as recommended by the Frederick County Dog Warden. 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 Dennis T. Cole. APPOINTMENTS Planning Commission - Back Creek District, Brumback - Opequon District, Golladay Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein reappoint Mr. Frank Brumback to serve as the representative on the Frederick County Planning Commission from the Back Creek District for a term of four years, said term to commence on February 14, 1977 and terminate on February 13, 1981. 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 Dennis T. Cole. Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein reappoint Mr. James Golladay, Jr. to serve as the repre- sentative on the Frederick County Planning Commission from the Opequon District for a term of four years, said term to commence on April 8, 1977 and terminate on April 7, 1981. 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 Dennis T. Cole. Highway Safety Commission - Back Creek District, Jack Smith Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Mr. John Smith to serve as the representative from Back Creek District on the Highway Safety Commission. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Highway Safety Commission - Board of Supervisors Representative, S. Roger Koontz Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein appoint S. Roger Koontz to serve as the Board of Supervisors' representative on the Highway Safety Commission. The above resolution was passed by the following recorded vote: Aye - Dennis T. Cole, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm. Abstaining - S. Roger Koontz. 3 ( 1 Frederick County Sanitation Authority - Gainesboro District - M. M. Adams Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, FJ Virginia, does herein reappoint Mr. M. M. Adams to serve as the representative from the Gainesboro District on the Frederick County Sanitation Authority for a term of four years, said term to commence on April 16, 1977 and terminate on April 15, 1981. The above resolution was passed by the following recorded vote: Aye - r1 LJ S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. ORDINANCES - FIRST AND SECOND READING - HYLTON AND EFG CORPORATION The following ordinances were read on first and second reading: 1. ZMAP NO. 002 -77 OF C. D. HYLTON, 13901 JEFFERSON DAVIS HIGHWAY, WOODBRIDGE, VIRGINIA, HEREBY REQUESTS THAT 10.64 ACRES, MORE OR LESS, BEING THE REAR PORTION OF A LARGER PARCEL OF LAND THAT FRONTS THE SOUTH SIDE OF RT. 522 AND THE EAST SIDE OF RT. 739 (FOX DRIVE), NOW ZONED BUSINESS - GENERAL (B -2) BE REZONED MULTIFAMILY - RESIDENTIAL (R -6). THIS PROPERTY IS DESIGNATED AS PARCEL NO. 52A ON TAX MAP 53(A), AND IS IN GAINESBORO MAGISTERIAL DISTRICT. • 2. ZMAP NO. 003 -77 OF EFG CORPORATION, RT. 1, BOX 92, WINCHESTER, VIRGINIA, HEREBY REQUESTS THAT 1.891 ACRES, MORE OR LESS, LOCATED ON THE SOUTH SIDE OF RT. 50, APPROXIMATELY � MILE EAST OF RT. 81 INTERCHANGE, NOW ZONED BUSINESS - LIMITED (B -1) BE REZONED BUSINESS - GENERAL (B -2). THIS PROPERTY IS DESIGNATED AS PARCEL NO. 64(A)100 ON TAX MAP 64 AND IS IN SHAWNEE MAGISTERIAL DISTRICT. BUDGET MEETINGS SET The Board set the dates of Tuesday, March 15, 1977 and Wednesday, March 16, 1977 for budget meetings. APPLICATION FOR GOING OUT OF BUSINESS PERMIT - TOWN AND COUNTRY DEPARTMENT STORE - APPROVED Mr. Renalds explained the application for going out of business permit of the Town and Country Department Store. He advised the Board that the Commonwealth Attorney had advised that he felt the application for permit was in conformance with the state and county statutes. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, E • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, Does herein approve the following application for Going Out of Business Permit for Town and Country Department Store: Subject: APPLICATION FOR SPECIAL SALE PERMITS TO CONDUCT GOING OUT OF BUSINESS SALE PURSUANT TO SECTIONS 18.2 -223 AND 18.2 -224 OF THE CODE OF VIRGINIA AND SECTION 15 -4 OF THE FREDERICK COUNTY CODE 1. The name and address of the applicant, which is the true owner of the merchandise to be sold, is Lane Bryant Richmond, Inc., t/a Town & Country Department-Stores, a Virginia corporation with its registered office and agent in Virginia in care of Edward R. Parker, 5511 Staples Mill Road, Richmond, Virginia 23228. The corporation was organized under the laws of the Commonwealth O of Virginia on February 13, 1953. The names and addresses of all the officers of the applicant corporation are as follows: Arthur Malsin, President; Norman D. Blotner, Vice President; Jules Silbert, Vice President; Edward Sadok, Treasurer; Norman D. Blotner, Secretary - -all of whose addresses are in care of Lane Bryant, Inc., 1501 Broadway, New York, New York 10036; and William G. Brosius, Vice President - Operations, whose address is South 32nd and P.R.R., Camp Hill, Pennsylvania 17911. 2. The name and address of the person who will be in charge and responsible for the conduct of the sale is Mr. Robert Snyder, Manager of the Town & Country Department Store, at Route #1, Millwood Pike, Winchester, Virginia, 22601, telephone (703) 667 -7210. 3. The exact designation and address of the place at which the proposed sale is to be conducted is: Town & Country Department Store, Route #1, Millwood Pike, Frederick County (Winchester), Commonwealth of Virginia. This store opened for business on May 17, 1967, as Town &•Country Distributors of Winchester, Inc., and became a division of the applicant Lane Bryant Richmond, Inc. on:February 1, 1976, which has operated this store at this location from February 1, 1976 to date. �3 Gz9- 4.. It is proposed to begin the close -out sale on Sunday; March 13, 1977, and to.cohduct:the: same to�and'incltuding May 1977. 5. The nature of the occupancy where the sale is to be held is a tenancy for a term of years under a written lease. The termination date of the lease is January 31, 1983, but the effective date of termination of occupancy of the store'would be approximately May 14, 1977. 6. The reason for the urgent and expeditious disposal of the merchandise to be offered at the going out of business sale is that Lane Bryant, Inc., the parent corporation of the applicant, has determined to terminate and close the entire Town & Country Department Store Division, including all 17 retail stores, a warehouse- distribution center and buying offices, for economic reasons. 7. The descriptive names of the sale will be "inventory.liquidation sale" and "going out of business sale ". These names are truthfully descriptive of the sale because the Town & Country store is in truth liquidating its inventory and going out of business permanently at this location as of the termination of the sale. 8. A complete and itemized inventory of the merchandise to be offered at the sale is as disclosed by reference to the attached inventory report for the week ending February 19, 1977, the most recent date for which an inventory report is available. Supplemental inventory reports for weekly periods sub- sequent to February 19, 1977, will be available upon request as soon as the same are available to the "applicant. The total retail value of the inventory to be offered at the sale, based upon the inventory valuations used for the applicant's most recent federal income tax return, adjusted for sales and purchases, will, as of the date of the sale, be approximately $720,000. No goods will be added to the inventory available to this store after the within application is made. 9. The advertisement and inventory of the proposed sale has been submitted to Lawrence R. Ambrogi, Esquire, the Commonwealth's attorney for Frederick County, Virginia, with the request that he inspect the same and notify you that the advertisement and inventory are in conformity with the governing provisions of the Code of Virginia and the Frederick County Code, all pursuant to Section 15 -4(c) (4) of the Frederick County Code. 10. A check in the amount of Thirty Dollars ($30.00) accompanies the within Application to cover the filing fees. LANE BRYANT RICHMOND, INC., t/a Town & Country Department Stores By /s/ William G. Brosius William G. Brosius Vice President -- Operations COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND WILLIAM G. BROSIUS, being duly sworn according to law, deposes and says that he is the Vice President -- Operations of Lane Bryant Richmond, Inc., t/a Town & Country Department Stores, a corporation organized and doing business under the laws of the Commonwealth of Virginia, the Applicant names in the foregoing Application; that he makes this affidavit on its behalf, being authorized to do so; and that the facts and representations set forth in the foregoing Application for Permit to Conduct Special Sale are true and correct to the best of his knowledge, information and belief. 0 Sworn to and subscribed before me this 24th day of February, 1977 /s/ Eleanor A. Sweigard Notary Public My commission expires: Nov. 16, 1978 /s/ William G. Brosius William G. Brosius • i • E u u (SEAL) 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 Dennis T. Cole. MONTHLY STAFF REPORT - ACCEPTED Upon motion made by Dr. Raymond L. Fish, seconded by Will L. Owings, and passed unanimously, the monthly staff report was accepted. NOTIFICATION STATE COMPENSATION BOARD MEETING Mr: Renalds announced that the State Compensation Board would hold a V meeting on April 7, 1977 in Warrenton to receive information on budgets of the Constitutional Officers. RIGHT -OF -WAY AGREEMENT AND CONTRACT - POTOMAC EDISON "COMPANY FOR LIGHTING BALL FIELD AT STEPHENS CITY PARK - APPROVED Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, �7 r� U Virginia does herein approved the Right -of -Way Agreement and Contract with the Potomac Edison Company for the lighting of a ball field at the Stephens City Park as submitted and does authorize: the Chairman of the Board and the County Administrator to execute the same on behalf of the County. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. SALES TAX FUNDS DISCUSSED Mr. Renalds advised the Board that the state sales tax funds would again fall short this year and he felt the School Board would want to discuss this matter with the Board of Supervisors in the near future. COMMONWEALTH ATTORNEY TO ANSWER LAW SUIT Mr. Koontz requested the Commonwealth Attorney to answer the law suit • i recently filed against the County by Fredericktowne, Inc. REQUEST THAT ROADS IN ZEIGER SUBDIVISION BE INVESTIGATED Mr. Rosenberger requested that the road construction be investigated in the Zeiger Subdivision as required in the Bond being held by the County on said Subdivision. Mr. Renalds advised that the developer has a contract to have this work done but because of the weather the contractor has not been able to do the work. UPON MOTION MADE BY DENNIS T. COLE, SECONDED BY WILL L. OWINGS, AND • i PASSED UNANIMOUSLY, THE BOARD ADJOURNED UNTIL MARCH 10, 1977 AT 12:30 P.M. IN THE BOARD OF SUPERVISORS' MEETING ROOM, 9 COURT SQUARE, WINCHESTER, VIRGINIA. S retary, Bd. of Supervisors 3�3