The URL can be used to link to this page

October 09, 1974 to August 13, 1975ki X XX� XXXXX 62 -A At the Regular Meeting of the Board of Supervisors of the County of Frederick Virginia, held on the 9th day of October, 1974, in the County Courthouse, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman;'Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order in the Board'of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Upon motion made by Dennis T. Cole, seconded by Richard F. Madigan and passed unanimously, the Board voted to adjourn to the County Courthouse to conduct the meeting in order to provide more space for the public in attendance: The Chairman reconvened the meeting in the County Courtroom and stated that proper notices had been placed in order to notify the public that the meeting was being held in the Courthouse. APPROVAL OF MINUTES Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the'County of Frederick, Virginia, does herein approve the minutes of the meeting of this Board held on September 25, 1974, as submitted. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye: Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. HIGHWAY DEPARTMENT Mr. Renalds stated that the Highway Department did not have anything to present to the Board at this meeting. APPROVAL OF•BILLS Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the bills for the month of September, 1974, in the amount of $162,821.14 and does order that the same-be paid by Warrants #07066 - #07250 and Warrants #07252 - #07253. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. (continued on the next page) 11 • is L u 63 APPROVAL OF PAYROLL Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve payroll for the month of September, 1974, in the. amount of $56,779.25, and does order that the same be paid by Warrants #06973 - #07065. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye;.J. Robert Russell.,-Aye; Dennis T. Cole, Aye; Donald R. Hodgson,•Aye; and Richard F. Madigan, Aye: RESOLUTION OF APPLICATION FOR GRANT FUNDS FOR PARK PROJECT EAST OF,STEPHENS" CITY Mr. Bob Fletcher, Director of .Parks and Recreation for Frederick County, L� • appeared before the Board and stated that the Recreation Commission had proposed that the project for the proposed park east of Stephens City be takdn to Richmond (for consideration by the Commission on Outdoor Recreation for funding. He then presented a resolution to the'Board of Supervisors for their consideration. Mr. Charles Boyd appeared.,before the Board and asked what the operational of the proposed park would be and if there were any conditions attached to the grant funds from the state and federal governments. Mr. Sandy stated that the operational costs would depend upon what type of activities the people desire to have that neighborhood meetings would'be held in order to determine what activities the people wanted. Mr. Sandy further stated that the only condition on the grant funds would be that they be used for recreational development. Mrs. Ida Musser appeared before the Board and presented several petitions in • L support of the proposed park development containing 1,204 signatures of Frederick (County residents. She stated that she felt.Mr. Sandy should vote on this issue inasmuch as he represented all the residents of Opequon District and they were lentitled to be represented by his vote on this issue. Mr. Milton Apperson appeared before the Board and asked if the development lof this park would be a long term project and Mr. Sandy stated that he felt it (would have to be. Several people in the audience stated that they did not feel the County needed • another recreational center when we already have Clearbrook Park. The question was raised as to why this property had been chosen inasmuch as it belonged to the Sandy family and Mr. Sandy is Chairman of the Board of Supervisors. Mr. Sandy stated that he'did not own any portion'of this property and in order to become even a 4% owner, both of his parents must expire at the same time. He further stated that state law allows a 5% ownership with no conflict of interest. A gentlemen in the audience asked why the Hogue Creek Estates property was not being considered for development and Mr. Fletcher stated that the property was not being considered inasmuch as only 35% of the property could be developed for park use. He further pointpd out that the cost of construction of a road into the property would be prohibitive and the industrial zoning of the neighboring property was not desirable. Mr. Fletcher stated that the Commission on Outdoor Recreation had given indications that they would not fund this piece of property. A lady in the.audience stated that she did not - feel the Parks and Recreation Department could maintain a 300 acre park.when they could not maintain the 50 acre Lem park at Clearbrook. Mr. Fletcher stated that the park at Clearbrook is maintained properly and that there are nine individuals working in this capacity under the Neighborhood Youth Corp Program who clean the park daily. ' Mr. McDowell, owner and operator of the Cove, a.recreational facility in Frederick County, appeared before the Board and stated that he felt the County in building such a park would be competing with private developers of recreational facilities and he did not feel this was fair inasmuch as government naturally has more money to work with than would the private developer. He further stated that the Board must pass approval for any further development he might want to make of I • his property. Mr. Sandy stated that it was not the contention of the Board to compete with private developers. Mr. Geoffrey Vitt, an Attorney representing the Frederick County Taxpayers Association, appeared before the Board and presented a statement in opposition to the proposed park development. Mr. Vitt stated that the Taxpayers Association felt that certain statutory requirements had not been met by the Board for the expenditure of public funds for this project. Mr. Vitt assured the Board that he would send a written statement to each Board Member wherein he would cite • several cases in support of the Taxpayers Association position in this matter. He further stated that the Taxpayers Association requests the Board to delay any decision on this matter until all these requirements are met and they also urge the Board to place this question on a county -wide referendum in order to determine the wishes of the people. Mr. John Pickeral appeared before the Board and stated that he was in supportil of this development of the proposed park. He stated that he knew the governing bodies of Frederick County had been searching for several years for a park site for the County and that he felt the County could not afford to lose the funding now available from state and federal grants and therefore should move forward as • soon as possible. ' Dr. Muriel Brown appeared before the Board in support of the proposed park and stated that there was a large sum of money in the recreational fund for Opequon District which could be applied to the balance of the cost to be borne by the County. Dr. Brown stated that she felt recreational facilities were despera- tely needed by both the youth and adult population of the County. A James Wood student appeared before the Board and presented several peti signed by young county residents. He stated that his petitions contained approx- • imately 90 names and that he had approximately 70 more signatures which he had not brought to the meeting. The operational costs of Clearbrook Park and the proposed park were discussed and Mr. Madigan stated that the Recreation Commission is in the process of negotiations whereby recreation would be better able to pay for itself. He further pointed out that any expenditure must be approved by the Board before it is spent. , Mr. Sandy stated that the Board spends less than 1% of the Budget on recreation. Mr. Cole stated that the Board spends about the same amount of local money for law enforcement as they do for recreation. The quality of the water supply on the property was discussed with reference to constructing a lake for such activities as swimming, boating, fishing, etc. and ' Mr. Fletcher stated that the final work on this matter would come from the Com- mission on Outdoor Recreation and what they have now is just a proposed plan. Mr. Donald Welch appeared before the Board and stated that he is a resident in Opequon District and that the people in that district would request Mr. Sandy to. vote on this issue in that they felt it was his duty to do so as their representa- II tive. spent, including state and federal funds, it is still taxpayers money. He stated that he did not feel the population of the County warrants such a large park and that it was not centrally located nor did it have a good water supply. He further stated that he did not feel the County could afford to develop and support such a large park. A gentleman appeared before the Board and stated that he was not a resident ' of Frederick County but of Fairfax County and had previously served as Chairman of the Fairfax County Board of Supervisors. He stated that the population of • Fairfax County is much larger than that of Frederick County and described the parks which had been built in Fairfax County. He further stated that the park being considered by the Board was very large for such a small population, and that it takes a long period of time to develop a park of this size in an efficient and satisfactory manner. He stated that a large park would draw many outside people r and would require many services to be provided by the County. Mr. Russell asked Mr. Fletcher if we would be obligated to the state and federal government should the Board agree to proceed with the application for funding, and Mr. Fletcher stated we would not. • Mr. Russell asked if the County would be obligated to develop the property within a definite period of time and Mr. Fletcher stated that the County would not be obligated and that after acquisition and first phase development, it would take approximately 10 to 15 years to develop the park. Mr. Cole stated that he is not opposed to a park in the Stephens City area but he felt a 75 acre tract would be sufficient. Mr. Cole further stated that he was under the impression that a park would be established in each district but according to the minutes of the meeting of this Board on September 25, 1974, it was stated that the Board had abandoned this plan. He stated that he had not attended • a meeting where this had occurred. Mr. Cole stated that he was opposed to the location of the property and the fact that it is divided by a major highway; that he was opposed to the tax dollars it would require to maintain and operate the park He further stated that the County needs many other things more than a large park such as a new high school, a new courthouse and jail complex and water and sewer Mr. James Butcher appeared before the Board and stated that he felt the p • should decide whether or not they want the park and regardless of what money is spent, including state and federal funds, it is still taxpayers money. He stated that he did not feel the population of the County warrants such a large park and that it was not centrally located nor did it have a good water supply. He further stated that he did not feel the County could afford to develop and support such a large park. A gentleman appeared before the Board and stated that he was not a resident ' of Frederick County but of Fairfax County and had previously served as Chairman of the Fairfax County Board of Supervisors. He stated that the population of • Fairfax County is much larger than that of Frederick County and described the parks which had been built in Fairfax County. He further stated that the park being considered by the Board was very large for such a small population, and that it takes a long period of time to develop a park of this size in an efficient and satisfactory manner. He stated that a large park would draw many outside people r and would require many services to be provided by the County. Mr. Russell asked Mr. Fletcher if we would be obligated to the state and federal government should the Board agree to proceed with the application for funding, and Mr. Fletcher stated we would not. • Mr. Russell asked if the County would be obligated to develop the property within a definite period of time and Mr. Fletcher stated that the County would not be obligated and that after acquisition and first phase development, it would take approximately 10 to 15 years to develop the park. Mr. Cole stated that he is not opposed to a park in the Stephens City area but he felt a 75 acre tract would be sufficient. Mr. Cole further stated that he was under the impression that a park would be established in each district but according to the minutes of the meeting of this Board on September 25, 1974, it was stated that the Board had abandoned this plan. He stated that he had not attended • a meeting where this had occurred. Mr. Cole stated that he was opposed to the location of the property and the fact that it is divided by a major highway; that he was opposed to the tax dollars it would require to maintain and operate the park He further stated that the County needs many other things more than a large park such as a new high school, a new courthouse and jail complex and water and sewer Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, WHEREAS, It is the desire of the Frederick County Board of Supervisors to services. Mr. Cole stated that it had been said that the recreational fund in Opequon District contained $168,000 whereas in fact it contains $25,980. He said ' 1,400 lots have to be approved in the Stephens that approximately additional would City area in order to raise that amount of money. There was no further discussion. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, WHEREAS, It is the desire of the Frederick County Board of Supervisors to tS� xTi .1, provide the best recreational facilities for Frederick County consistent with good BE IT FURTHER RESOLVED, That an attested copy of this resolution be forthwith fiscal planning; and, WHEREAS, It is the belief of this Board that the opportunity exists to obtain ' and develop a new recreational facility at the minimum cost to County taxpayers through the financing of three - fourths of the initial projects costs by use.of grant funds from other than County sources; and, WHEREAS, It is hereby recited that recreation is an activity which can be • participated in by the majority of County citizens and that the expenditure for activities and projects in this field is most closely tied:.to:.the principal of , expending general fund dollars for the benefit of all County citizens; • NOW THEREFORE BE IT HEREBY RESOLVED, By the Board of Supervisors of Frederick County, Virginia that application is hereby made to the Virginia Commission on Mr. Esten Rudolph, Commissioner of Revenue, appeared before the Board and Outdoor Recreation for grant funds in the amount of Six Hundred Thousand Dollars stated that since 1972 citizens have been able to send their tax returns directly ($600,000) for acquisition and first phase development of property consisting of to Richmond and a survey taken by his office indicated that 558 of the people have the Sandy estate and the Whitacre property located east of Stephens City in not filed personal property tax returns with his office as required by law. He Frederick County, Virginia, said land being currently under option to the County; further stated that he had recommended to the Board of Supervisors that a penalty BE IT FURTHER RESOLVED, That the Board of Supervisors of Frederick County, , Virginia does hereby pledge the financial support from County Funds of the cost of an ordinance imposing such a penalty. Mr. Rudolph stated that he would request the • up to twenty -five percent of the project not to exceed Two Hundred Thousand Dollars recommend that the penalties paid be refunded and further that the penalty provi- ($200,000), contingent upon approval by the Virginia Commission on Outdoor Recreation for grant funding; BE IT FURTHER RESOLVED, That an attested copy of this resolution be forthwith filed with the Virginia Commission on Outdoor Recreation as Frederick County's official application for funding and that whatever additional official documents or information must be filed to complete the application are hereby authorized to be executed and filed in the name of Frederick County by the Chairman of the Board of Supervisors and /or the County Administrator in accordance with the guidelines established in this resolution. • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, , Aye: and Dennis T. Cole, Nay. EMERGENCY LEGISLATION TO AMEND THE ORDINANCE IMPOSING PENALTIES FOR LATE FILING OF PERSONAL PROPERTY TAX RETURNS - ADOPTED Mr. Esten Rudolph, Commissioner of Revenue, appeared before the Board and stated that since 1972 citizens have been able to send their tax returns directly to Richmond and a survey taken by his office indicated that 558 of the people have not filed personal property tax returns with his office as required by law. He • further stated that he had recommended to the Board of Supervisors that a penalty be placed on the late filers and non filers and the Board had subsequently passed an ordinance imposing such a penalty. Mr. Rudolph stated that he would request the Board to rescind the penalty provision of the ordinance for the year 1974 and would recommend that the penalties paid be refunded and further that the penalty provi- sion be reimposed effective January 1, 1975. Mrs. Dorothy Keckley, Treasurer, appeared before the Board and stated that ' according to the 1974 records there were 9,674 personal property.bills and of that amount 4,629 were imposed with a penalty. She stated that she would also recommend that the penalty be refunded for 1974 and reimposed for 1975 in order that the people might be made aware of said penalty. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, 67 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein enact emergency legislation, in accordance with Section 15.1 -504 of the Code of Virginia (1950) as amended, to amend Section 5 of an ordinance entitled "AN ORDINANCE TO IMPOSE PENALTIES FOR FAILURE TO FILE PERSONAL PROPERTY RETURNS BY MAY 1ST OF EACH YEAR FOR THE COUNTY OF FREDERICK, VIRGINIA" adopted June 27, 1973, to read as follows: Section 5 - This ordinance shall be in full force and effect January 1, The above resolution was passed by the following recorded vote: Raymond C. Sandy, =Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • and Richard F. Madigan, Aye. OF PERSONAL PROPERTY TAX RETURN PENALTY - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct the Treasurer of Frederick County to refund any and - Approved Mr. Sandy read the rezoning application of Dr. Byron A. Brill to rezone 2.00 acres in Opequon Magisterial District from A -2 to B -1. There was no opposition. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following • all penalties paid for late filing of the 1974 personal property tax returns. ' The above resolution was passed by the following recorded vote: Raymond C. AN ORDINANCE Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • and Richard F. Madigan, Aye. A. BRILL, LOCATED ON THE NORTH SIDE OF PUBLIC HEARINGS AND INTERSTATE 81; HAVING A FRONTAGE OF n,-; i i _ i nn - Approved Mr. Sandy read the rezoning application of Dr. Byron A. Brill to rezone 2.00 acres in Opequon Magisterial District from A -2 to B -1. There was no opposition. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following • ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED ' NOVEMBER 1, 1973, TO REZONE 2.00 ACRES, MORE OR LESS, OF DR. BYRON A. BRILL, LOCATED ON THE NORTH SIDE OF ROUTE 735 BETWEEN ROUTE 11 AND INTERSTATE 81; HAVING A FRONTAGE OF 456 FEET AND A DEPTH OF 211 FEET; IN OPEQUON MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO BUSINESS, LIMITED (B -1) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. - Rezoning Application - Leon B. Zeiger - 55 Acres Back Creek Magisterial District - • Approved Mr. Ben Butler appeared before the Board representing Mr. Leon Zeiger in this rezoning application. There was no opposition to this rezoning. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the'County of Frederick, Virginia, does herein approve, on third and final reading the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE - ADOPTED NOVEMBER 1, 1973, TO REZONE 55 ACRES, MORE OR LESS, OF LEON B. ZEIGER, LOCATED APPROXIMATELY 1/4 MILE SOUTH OF ROUTE 50,JUST WEST OF INTERSECTION WITH ROUTES 608 AND 616, AND FRONTS ON BOTH SIDE& OF ROUTE 616; IN BACK CREEK MAGISTERIAL DISTRICT: FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTIAL, LIMITED (R -1). I The above resolution was passed by the following recorded vote: Raymond'C. Sandy, Aye; J. Robert Russell, Aye; .Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • Richard F. Madigan, Aye. , and Virginia, does herein approve, on third and final reading, the following ordinance: Rezoning Application - Leon B. Zeiger - 2.562 Acres Back Creek Magisterial District - Approved NOVEMBER 1, 1973, TO REZONE 2.562 ACRES, MORE OR LESS, OF LEON B. Mr. Ben Butler appeared before the Board representing Mr. Leon Zeiger and 3/10 MILE FROM THE INTERSECTION WITH ROUTE 608; IN BACK CREEK stated that the piece of property would be used for a commercial business should the rezoning be approved. There was no opposition. • Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 2.562 ACRES, MORE OR LESS, OF LEON B. ZEIGER FRONTING ON THE SOUTH SIDE OF ROUTE 50 WEST, APPROXIMATELY 3/10 MILE FROM THE INTERSECTION WITH ROUTE 608; IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A =2) TO BUSINESS, GENERAL (B -2). by the following recorded vote.: Raymond C. , The above resolution was passed Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • and Richard F. Madigan, Aye. ORDINANCE TO AMEND THE SWIMMING POOL ORDINANCE - APPROVED Mr. Madigan read the ordinance in full. There was no opposition. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON JUNE 1974, ENTITLED AN ORDINANCE REQUIRING FENCING OF SWIMMING POOLS IN FREDERICK COUNTY VIRGINIA • BE IT ORDAINED, By the County of Frederick: Section 1 . Section 5 of the referenced ordinance entitled An , Ordinance Requiring Fencing of Swimming Pools in Frederick County, Virginia.shall:.delete the following words contained within that section; ....at a height of not less than four feet above ground level....." and ".....and shall be at least five feet from the edge of the pool at any point." Section 2 . Section 8 shall be added to the above referenced ordinance entitled An Ordinance Requiring Fencing of Swimming Pools in Frederick County, Virginia and this section shall read as follows: Should any section or provision of this ordinance.. be declared invalid or unconstitutional, such decision shall not affect the validity or consti- tutionality of any other section or provision of • this ordinance. Section 3 . Should any section 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 at 12:01 A. M. October 10, 1974. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Aye; ' and Richard F. Madigan, Aye. IR AN ORDINANCE TO ESTABLISH THE PROPER USE OF TRASH CONTAINERS IN VIRGINIA - THIRD AND FINAL READING - APPROVED Mr. Cole stated that he felt this ordinance was very'much needed -in Frederick County and he thanked Mr. Dickson for his work in the 'preparation of the ordinance. Mr. Renalds read the ordinance in full with several corrections as recommended by the Commonwealth Attorney. Mr. Madigan moved to amend the ordinance to include the provision that no dead 171 animals would be permitted to be placed in the trash containers. Mr. Cole seconded the motion and it was passed unanimously. Mr. Leonard Ellis asked how the ordinance would be enforced and suggested that signs be posted at the sites in order that the public would know what the restric- tions are. Mr. Cole stated that signs would be posted at the sites and that the Sheriff's Department would enforce the ordinance. Mr. Jim Wilson appeared before the Board and stated that'he felt the Board was forcing a system which has not worked and will not work. He stated that in certain locations the system would never work. Mr. Sandy stated that he felt with proper education and enforcement the system could be made to work in most locations. Mr. Cole stated that the service is being provided for Frederick County residents and the reason for the ordinance is to help prevent people other than County residents from using the containers and he felt this would alleviate a lot of the problems. Mr. Wilson stated that he felt private enterprise in this County was being • seriously threatened because private enterprise could not compete with County operations. He further stated that the containers should be placed in areas where private enterprise is not operating. Mr. Shirley Carter appeared before the Board and asked if the County had considered recycling certain articles in order to help defray the cost of this service. Miss Charlotte Eller appeared before the Board and stated that the Conserva L J Committee of the Chamber of Commerce had appeared before the County Engineering Committee and asked for an appropriation of $1,500 in order to hire someone to monitor the recycling centers so that they would be used for articles which could be recycled and not for trash containers. Mr. James Bowman appeared before the Board and stated that he would permit the County to locate trash containers, free of charge, on a twenty acre tract of land which he owns should they so desire. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, 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 ESTABLISH THE PROPER USE OF THE TRASH CONTAINERS OWNED, EMPTIED AND MAINTAINED BY THE COUNTY OF FREDERICK, VIRGINIA BE IT ORDAINED, By the Board of Supervisors•of the County of Frederick, Virginia, that: Section 1 . Pursuant to Section 15.1 -510 of the Code of Virginia, 1950, as amended, it is hereby prohibited for any person to saavage, salvage, ransack, rummage, ferret or otherwise search through any of the trash containers provided by the County of Frederick, Virginia. Section 2 . These roadside trash containers are owned, emptied, 4 70 and maintained by the County of Frederick, Virginia, for' the sole use of Frederick County, Virginia residents. All persons other than residents of Frederick County, Virginia are prohibited in using the said trash containers and such use by , prohibited person will constitute a violation of this ordinance. Section 3 . No person, association, firm, company, or corporation shall deposit or allow to be deposited any refuse, garbage or trash at a public refuse container-site-other than in the trash container set out for the specific-purpose of holding such refuse, garbage and trash. Any refuse, and /or trash deposited on the ground shall constitute a vio= lation of this ordinance. Section 4 . No person, association, firm, company, or corporation shall deposit or allow to be deposited bulky items at the trash container sites or within the trash containers. Such bulky items shall include but not be limited to appliances, • furniture, tree stumps, brush, building materials, dead animals, vehicles of any description, and parts of any vehicles. The depositing of bulky items at trash container sites and /or within the container itself shall constitute a violation of this ordinance. Section 5. Any person, association, firm, company, or corporation found in violation of this ordinance shall be fined not greater than one thousand dollars ($1000) and /or imprisoned in the County jail for a period not to exceed thirty days. . Section 6 . This ordinance shall be effective and in full force on and after 12:01 A. M. on October 10, 1974. , Section 7 . 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. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.. PRE- HEARING - BUSINESS LICENSE ORDINANCE Mr. Sandy stated that the Board felt it was necessary to hold a pre- hearing on the Business License Ordinance to find out whether or not they wanted to proceed with it inasmuch as the advertising cost for this ordinance would be approximately $3,000. Mr. Madigan stated that the Board did not intend to pass upon this ordinance • tonight but that the pre- hearing was being held in order to get the input of the Board and the public. He explained that the ordinance, if passed, would impose , a business license tax which would replace the current merchants capital tax. Mr. Madigan briefly explained the ordinance and gave a brief outline of the persons and rates which would be charged. Mr. Cole stated that he had received numerous calls from businessmen opposed to this ordinance. He further stated that it was understanding that - the County had previously had a business license tax and when the additional 1% sales • tax was imposed, the former Board of Supervisors had withdrawn the business license tax. There was a lengthy discussion among the Board members and several citizens concerning who would be subject to the tax and the rates to be charged. Mr. Milton:Apperson appeared before the Board and presented a statement in opposition to the business license tax ordinance. Mr. Madigan explained the difference between business license tax and then , merchants capital tax stating that he felt the business license tax was a much more equitable form of taxation. - Mr. Cole stated that he would abstain from voting or discussion on this matter Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, • that a loan in the amount of $86,871.72 is hereby authorized to the Frederick County Sanitation Authority; and, 0 BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended from budget code 10 -01OH -902 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 as approved by this Board at a regular meeting held on April 12, 1972, and is subject to the terms so established on that date; and, BE IT FURTHER RESOLVED, That the breakdown of the above mentioned loan shall • be as follows: 1. $25,415.70 - Red Bud Run Project #1 2. $55,800.04 - Red Bud #2 3. $ 1,250.00 - Acquisition of right -of -way for Red Bud Run 4. $ 574.10 - Equipment for Red Bud Run Project #1 5. $ 3,831.88 - Soil and foundation engineering study, Abrams Creek AWT Plant, Frederick County. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Nay; and Dennis T. Cole, Abstaining. • DOG WARDEN - REPORT AND CLAIMS - APPROVED Mr. Harold Whitacre,•Frederick County Dog Warden, appeared before the Board and presented his monthly report and the claims for livestock kill. Upon motion made by Richard F. Madigan and Seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following claims for livestock kill: 1. Floyd McKee, Gainesboro District, 15 chickens at $1.50 each - $22.50 2. Robert Marple, Gainesboro District, 6 pigs at $5.00 each - $30.00 The above resolution was passed by the. following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. CONDITIONAL USE PERMIT - GEORGE B. SAVAGE - APPROVED Mr. Ron Berg, Frederick-County Planner, appeared before the Board and pre- sented the application for conditional use permit of George B. Savage to construct a nursing home on his property on Apple Valley Road consisting of approximately six acres. He stated that the Planning Commission recommends approval of this appli- cation contingent upon approval by the Health Department of the.water and sewer facilities. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board-of Supervisors of the County of Frederick, Virginia, does herein approve the application for conditional use permit of George Mr. Sandy thanked the public for their input and.stated that no decision would be made at this meeting but that the Board would decide at the next meeting whether �. or not to proceed with the advertisement of the ordinance for public hearing. REQUEST FOR LOAN - FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Mr. Sandy presented a request from the Frederick County Sanitation Authority for the advance of loan funds. Mr. Cole stated that he would abstain from voting or discussion on this matter Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, • that a loan in the amount of $86,871.72 is hereby authorized to the Frederick County Sanitation Authority; and, 0 BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended from budget code 10 -01OH -902 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 as approved by this Board at a regular meeting held on April 12, 1972, and is subject to the terms so established on that date; and, BE IT FURTHER RESOLVED, That the breakdown of the above mentioned loan shall • be as follows: 1. $25,415.70 - Red Bud Run Project #1 2. $55,800.04 - Red Bud #2 3. $ 1,250.00 - Acquisition of right -of -way for Red Bud Run 4. $ 574.10 - Equipment for Red Bud Run Project #1 5. $ 3,831.88 - Soil and foundation engineering study, Abrams Creek AWT Plant, Frederick County. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Nay; and Dennis T. Cole, Abstaining. • DOG WARDEN - REPORT AND CLAIMS - APPROVED Mr. Harold Whitacre,•Frederick County Dog Warden, appeared before the Board and presented his monthly report and the claims for livestock kill. Upon motion made by Richard F. Madigan and Seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following claims for livestock kill: 1. Floyd McKee, Gainesboro District, 15 chickens at $1.50 each - $22.50 2. Robert Marple, Gainesboro District, 6 pigs at $5.00 each - $30.00 The above resolution was passed by the. following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. CONDITIONAL USE PERMIT - GEORGE B. SAVAGE - APPROVED Mr. Ron Berg, Frederick-County Planner, appeared before the Board and pre- sented the application for conditional use permit of George B. Savage to construct a nursing home on his property on Apple Valley Road consisting of approximately six acres. He stated that the Planning Commission recommends approval of this appli- cation contingent upon approval by the Health Department of the.water and sewer facilities. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board-of Supervisors of the County of Frederick, Virginia, does herein approve the application for conditional use permit of George B. Savage to construct a nursing home on his property located on Apple Valley Road in Back Creek Magisterial District and consisting of approximately six acres, contingent upon approval by the Health Department of the water and sewer facilitie The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. CONDITIONAL USE PERMITS /MOBILE HOME PERMITS - CONNELLY, KIMBLE, ANDERSON, HALE, GARBER - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following conditional use permits /mobile home permits: 1. James Connelly - Back Creek District 2. Golden V. Kimble - Back Creek District 3. Naomi F. Anderson - Gainesboro District 4. Ruth Ann Hale - Gainesboro District 5.. Lee Garber - Shawnee District The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye: WAKELAND MANOR SUBDIVISION - FINAL PLAT - WITHDRAWN Mr. Ron Berg appeared before the Board and presented the final plat of Wakeland Manor for introduction and stated that the plat had been .rejected by the Health Department. Upon motion made by Richard F. Madigan and seconded by Dennis T..Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the final plat of Wakeland Manor Subdivision be withdrawn until such time as the sewage treatment plant is completed and the sewage facilities are approved. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. FREDERICKTOWNE, SECTION III - FINAL PLAT FOR INTRODUCTION - APPROVED Mr. Ron Berg appeared before the Board and presented the final plat for introduction of Fredericktowne, Section III and stated that-the Planning Comm recommends approval. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the final plat for introduction of Fredericktowne Subdivision, Section III in Opequon Magisterial District, consisting of 258 lots. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. FREDERICKTOWNE, SECTION II — PRELIMINARY PLAT REVISION - APPROVED Mr. Ron Berg appeared before the Board and presented the request for preliminary plat revision of Fredericktowne, Section II and stated that the staff recommends that the townehouse lots be reduced to 20 feet in the front and 20 feet • • • • 73 in the back and the remainder of the land be deeded in common to the property owner He stated that this was suggested so that the owner of the corner lots would not ' have to maintain the excess property. Mr. Tom Glass, surveyor for Fredericktowne, appeared before the Board and stated that the subdivision had been platted with large corner lots and that the developer felt the property would be better maintained by individual lot owners rather than several owners. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the preliminary plat revision of Fredericktowne, Section II contingent upon the condition that the townehouse lots be reduced to 20 feet in the front and 20 feet in the back and that the excess land be deeded in common to the property owners in the subdivision. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. LEON ZEIGER - SECTION 3 - FINAL PLAT - APPROVED CONTINGENT UPON PAYMENT OF IMPACT • FEE Mr. Berg appeared before the Board and presented the plat of Leon Zeiger, Section 3 and stated that the Planning Commission recommends approval of this plat. Mr. Ben Butler appeared before the Board representing Mr. Zeiger and stated . that Mr. Zeiger would request that an exception to the time frame set forth in the subdivision policy be made inasmuch as this plat has been in the mill since last October and any further delay on final approval might cause a delay in the commencement of construction because of weather conditions. Mr. Sandy stated that the minimum time for approval of'the final plat would be two weeks so that all requirements could be met. Mr. Butler stated that Mr. Zeiger would accept and request approval contingent upon the condition that all requirements are met. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the final plat of Leon Zeiger, Section 3, consisting of five lots and located in Back Creek Magisterial District south of Route 50, said approval being contingent upon payment of the recreational impact fee. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. SITE PLANS - L &•J ENTERPRISES AND NATIONWIDE SERVICE CENTER - DENIED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,. Virginia, does herein deny the site plans for L & J Enterprises (Car Wash) and Nationwide Service Center (Truck Terminal) inasmuch as neither a car wash nor a truck terminal are permitted in the B -1 zone and said property is zoned in this category. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; . and Richard F. Madigan, Aye. 74 LAW ENFORCEMENT COMMITTEE RECOMMENDATIONS - APPROVED Mr. Cole presented several recommendations of the Law Enforcement Committee, one of which was a request for authorization to hire an additional deputy. Mr. Madigan stated that the State Compensation Board would not participate in the salary for an additional deputy. Mr. Cole stated that this appropriation had been included in the Sheriff's Budget and was not an additional appropriation Upon motion made by Dennis T. Cole.and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the-County of Frederick, Virginia, does herein approve the 'following recommendations of the Committee on Law Enforcement and Courts: 1. Authorization of the Sheriff to -sell at a sheriff's sale the old police cars which have been taken off the road as a result of the replacement of these with new vehicles. 2. Authorization to hire one additional deputy as listed in the current fiscal plan under Category 06- 006A -106P. 3. Authorization of the County Administrator and the Common- wealth Attorney to make applicaton through the Lord Fairfax Planning District Commission for a grant for $1500 for dictation equipment for the Commonwealth Attorney's Office. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Nay. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following Budget Adjustments as recommended by the Committee -of Law Enforcement and Courts: Revenue Estimate Increased: 05 -6870. $3,633.41' General Operating Fund Appropriations.Increased: 05 -005B -217 $ 720.00 19 -005B -405 $3,894.90 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, A }e; Dennis T. Cole, Aye; Donald R.'Hodgson, Aye; and Richard F. Madigan, Aye. BID FOR FOUR -WHEEL DRIVE VEHICLE - SHERIFF'S DEPARTMENT - APPROVED Mr. Renalds presented the two bids which had been received on a 4 -wheel drive vehicle for the Sheriff's Department as.follows: International Scout - $4,085.94. Jeep Wagoneer - $5,175.00 Mr. Renalds stated that $5500 had been allotted in the budget for the purchase of this vehicle. Upon motion made by Dennis T. Cole and seconded.by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept the low bid of $4,085.94 for the purchase of an international Scout, 4 -wheel drive vehicle for the Frederick County Sheriff's Department. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. J • 0 • r 75 AUTHORIZATION TO GIVE NOTICE TO STERNHEIMER BROTHERS, INC. -TO VACATE BACK STORAGE ROOM'- APPROVED Mr. Renalds stated that-authorization to give notice to Sternheimer Brothers, Inc. to vacate the storage room behind the A & N Store was requested inasmuch as additional soil scientists will be arriving in the near future to participate in the soil survey and this space is needed to accommodate them. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize the County Administrator to give thirty days notice • I to Sternheimer Brothers, Inc. to vacate the back storage room behind the A & N Store in accordance with the terms of the current lease agreement between the County of Frederick and Sternheimer Brothers, Inc. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ' REFUND - MOBILE HOME STICKER FEE - STANLEY LEE SEABRIGHT, II - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a refund in the amount of $15.00 to Stanley Lee Seabright, II for the erroneous purchase of a mobile home sticker as recommended by the Frederick County Commissioner of Revenue. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. DEPARTMENT HEADS REPORTS - ACCEPTED After review by the Board, the reports of the Department Heads were accepted. CONSTRUCTION AND REFURBISHING OF CERTAIN COUNTY-PROPERTY - APPROVED • Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, ' WHEREAS, The Board of.Supervisors, with the.recommendation of the County Constitutional Officers and Staff, believes that certain construction and refurbishing of County property is necessary for the general health, safety, and welfare of County citizens and the general public, THEREFORE', BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the following action be taken: 1. The brick sidewalk adjacent to the north wall of the Frederick County Administration Building be replaced with a concrete • sidewalk extending from the Loudoun Mall to the edge of the Courthouse steps and that the remaining deteriorated portion of brick sidewalk be reconstructed with bricks. 2. The men's restroom in the basement of the Frederick County Courthouse be closed to the public during cleaning and remodeling, said notice of closing to be posted on a sign at the entrance to this facility. 3. That single streetlights of the type and design used on the Loudoun Street Mall be installed, one on each side of-the green area immediately to the front of the Courthouse. BE IT FURTHER RESOLVED, That funds for this construction be obtained from the current 1974 -1975 Budget in the category for maintenance of Buildings and Grounds, operating and capital outlay functions. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. 76 SUPPLEMENTAL APPROPRIATION OF FUNDS DONATED FOR CONSTRUCTION OF A PICNIC SHELTER AT CLEARBROOK PARK - APPROVED: Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, By the Frederick County Board of Supervisors, that a supplemental appropriation for the fiscal year ending 6/30/75 in the amount of $1,500.00 is hereby approved to General Operating Fund Code 19- 18F5 -601C for the purpose of constructing a picnic shelter at Clearbrook Park with funds donated by W. E. Bridgeforth. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan,. Aye. JOINT CITY - COUNTY JAIL TOUR - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a joint tour by the Common Council of the City of Winchester and the Frederick County Board of Supervisors of the Frederick County Jail to be held on Thursday, October 17, 1974, at 7:30 P. M.. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye: Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. UPON MOTION DULY'MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Se' retary Bd. of Supervisors At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the 23rd day of October, 1974, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order. FREDERICK COUNTY SCHOOL BOARD - REQUEST FOR LOAN TO PURCHASE BUSES - APPROVED Dr. Wright, Superintendent of Schools, appeared before the Board and requested that the Board approve a loan in the amount of $60,000 for the early purchase of school buses. He stated that if the buses are purchased now a savings of approxi- mately ten to twelve thousand dollars will be realized. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a supplemental appropriation to the School Operating Fund budget expenditure code 17- 1900 -400A in the amount of $60,000 for the fiscal r n U • • • fl 77 • • year ending June 30, 1975; and, BE IT FURTHER RESOLVED, That said funds are to be expended for the:purchase of school buses and that the above amount -will be included in the School Operating budget for 1975 -1976 in that said funds may be repaid to the General Revenue Fund withinthat fiscal year. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. FREDERICK COUNTY EXTENSION SERVICE - DEMONSTRATION "SMOKING SAM ": Mrs. Pauline Baccary, Frederick County Extension Agent, appeared before the Board and presented a demonstration of "Smoking Sam ", a manikin designed to show the effects of smoking on the human body. Mrs. Baccary stated that this manikin would be displayed in all of the County Schools as an educational program on smoking for the students. ORDINANCES - FIRST AND SECOND READING - APPROVED: Rezoning Application - J. P. Darlington - Stonewall Magisterial District - First and Second Reading - Approved: Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve on first and second reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 12.5 ACRES, MORE OR LESS, OF J. P. DARLINGTON, LOCATED NORTHWEST OF GORDONDALE SUBDIVISION, SECTION 1; FRONTING THE WEST SIDE OF ROUTE 670 FOR 1,377 FEET WITH A DEPTH OF 350 FEET; BOUNDED BY THE WEST VIRGINIA LINE TO THE NORTH; IN STONEWALL MAGISTERIAL DISTRICT: FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTIAL, LIMITED (R -1). The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Rezoning Application - Marvin and Elsie L. Sheppard - Back Creek Magisterial District - First and Second Reading - Approved Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve on first and second reading the following ordinance: AN ORDINANCE TO AMMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVERMBER 1, 1973, TO REZONE 158 ACRES, MORE OR LESS, OF MARVIN AND ELSIE L. SHEPPARD, FRONTING BOTH SIDES OF INTERSECTION WITH ROUTE 708; IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO RESIDENTIAL, LIMITED (R -2). • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. An Ordinance to Amend the Frederick County Division of Land Ordinance To Amend Section 4 -32 -3: The above resolution was passed by the following recorded vote: Raymond C. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve on first and second reading the following ordinance: AN ORDIANCE TO AMEND THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE (SUBDIVISION ORDINANCE) ADOPTED FEBRUARY 13, 1974, TO AMEND SECTION 4 -32 -3 TO READ AS FOLLOWS: RESTRICTION: SUBDIVISION OF LAND INTO THREE (3) OR MORE RESIDENTIAL BUILDING LOTS IS NOT PERMITTED IN AGRICULTURAL ZONING DISTRICTS. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye; and Dennis T. Cole, Nay. CONTRACT FOR NEW LANDFILL SITE - APPROVED Mr. Renalds stated that this bill represents the remainder due on the down payment for the building for the new landfill. Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the.County of Frederick, Virginia, does herein approve the bill in the amount of $2,500.00 to Farm Automation, Inc. for the remainder of the down payment for the building at the new landfill site, and does order that the same be paid. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye;' and Richard F. Madigan, Aye. AMENDMENT TO MINUTES OF JUNE 26, 1974 - APPROVED: Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve an amendment to the minutes of the Regular Meeting of this Board held on June 26, 1974, to correct the term of appointment of Mr. Don Shockey to the Industrial Development Authority of the County of Frederick, _. . Virginia, said term to expire on March 22, 1975 and not June 25, 1978 as set forth in said minutes. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REAPPOINTMENT - J. O. RENALDS, III TO LORD FAIRFAX PLANNING DISTRICT COMMISSION - APPROVED: Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein - reappoint J. O. Renalds, III,County Administrator to serve a three year term on the Lord Fairfax Planning District Commission as a represen- tative from Frederick County, said term to become effective November 1, 1974. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ENGINEERING COMMITTEE RECOMMENDATIONS Authorization to Execute Contract for Streetlights - Fredericktowne, Section 1 - Approved: Mr. Renalds explained the plan for streetlighting in Fredericktowne Subdivi- sion, Section 1, and stated that the required number of petitions had been obta Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize and direct the Chairman of the-Board of Supervisors and the-County Administrator to execute the contract for streetligh in Fredericktowne Subdivision, Section 1 with the Potomac Edison Company. 1] • • � • 79 The above resolution was passed by the following recorded vote: Raymond C. I Sandy, Aye; J. Robert Russell,. Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. FREDERICK COUNTY SANITATION AUTHORITY - REQUEST FOR AMENDMENT TO WATER AND SEWER - APPROVED: Mr. Renalds presented a recommendation from the Frederick County Sanitation • Authority for an amendment to the Water and Sewer Ordinance. He stated that this amendment was recommended in order to specifically prohibit connections to a central water and sewer system without the owner's permission. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept the recommendation of the Frederick County Sanitation Authority for an amendment to the -Water and Sewer Ordinance and does direct that the same be drawn up in ordinance form and advertised for.public hearing. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye: FREDERICK COUNTY SANITATION AUTHORITY - REQUEST FOR FUNDS TRANSFER - TABLED: Mr. Renalds presented the request for funds transfer from the Frederick-County Sanitation Authority. Mr. S. Roger Koontz, Chairman of the Frederick County Sanitation Authority, • appeared before the Board and stated that the request was for the transfer of funds designated for the establishment of a water and sewer system in the Kernstown area in order that said funds might be utilized for the establishment of a water and sewer system in the Red Bud Run and Abrams Creek Drainage Area. He further stated that the three projects have been combined and will be served by one treatment plant located on Abrams Creek. Financing for the project was discussed and Mr. Renalds advised that the Authority was seeking financing through FHA and that FHA will not loan money unless they-are shown that the project is feasible. Rates, maintenance and operational costs were discussed and Mr. Koontz stated that many of costs would depend upon the amount of financing obtained. Mr. Sandy stated that he was concerned about dropping the Kernstown Project L� inasmuch as this area is experiencing tremendous growth. He asked if the plant would be sufficient to serve the Kernstown area and Mr. Koontz stated that it would. He further stated that unless the Abrams Creek Plant is built the Kernstown Project would be impossible. The effect of the economic situation on the project was discussed. Mr. Madigan asked what the possibility would be of getting the Apple Pie Ridge school hooked onto the City system and Mr. Koontz stated that he felt the City would be willing to work with the County on this connection but it may be approxi- mately 6 to 8 months before the Pennsylvania Avenue Pump Station is completed. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table the request from Frederick County Sanitation Authority 80 for funds transfer until the next regular meeting of this Board on November 13, The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Abstaining. SUPPLEMENTAL APPROPRIATION - CONSERVATION OF RESOURCES COMMITTEE - WINCHESTER- FREDERICK COUNTY CHAMBER OF COMMERCE - 'APPROVED Miss Charlotte Eller appeared before the Board and requested a supplemental appropriation in the amount of $800 to fund the hiring of an individual to monitor the recycling centers. She explained the services rendered to the community by these centers and the abuse they were experiencing. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does.herein approve a supplemental appropriation in the amount of Eight Hundred Dollars ($800) to the Committee on Conservation of Resources of the Winchester- Frederick County Chamber of Commerce for the employment of.an individual to oversee the recycling centers provided by this Committee. The above resolution was passed by the following recorded 'vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Q UARTERLY JOINT MEETING SET - FREDERICK COUNTY SANITATION AUTHORITY AND FREDERICK COUNTY BOARD OF SUPERVISORS The Board directed that a quarterly joint meeting be set between the Frederick County Sanitation Authority and the Frederick County Board of Supervisors to be held the second regular meeting of the Board in the first month of each quarter. CONDITIONAL USE PERMITS /MOBILE HOME PERMITS - KEIRSEY, TABLED - BAYLISS AND PERRY ENGINEERING, APPROVED Mr. Russell requested that the application for mobile home permit of Ralph Keirsey be carried forward to the next meeting in order that he might determine where the property is located and who the property owner is. The Board agreed to this request. Upon motion made by Dennis T. Cole and seconded by Donald R. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following applications for conditional use permit /mobile home permit: Delmar Bayliss - Temporary Permit - Stonewall Magisterial District Perry Engineering, Inc. - Temporary Permit - Shawnee Magisterial District The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan,Aye. !1C CTTD17DVTQr%nQ SCHOOL BOARD L� •. 11 • C � J fl Mr. Sandy announced that a joint meeting would be held between the Frederick County Board of Supervisors and the Frederick County School Board on Tuesday, November 19, 1974, at 6:30 P. M. at the Carpers Valley Golf Club. MEETING DATES - STATE WATER CONTROL BOARD PUBLIC HEARING AND VIRGINIA ASSOCIATION OF COUNTIES BUSINESS MEETING ANNOUNCED Mr. Renalds stated that the State'Water Control Board would hold a public hearing on the Metropolitan Regional Water Quality Management Plan of the Lord Fairfax Planning-District Commission on October 28,'1974 at 7:30 P. M. at Lord Fairfax Community College. Mr. Renalds announced that the Annual Business'Meeting of the Virginia • Association of Counties would be held in Richmond on November 20, 1974 through November 22, 1974. ADVERTISEMENT - BUSINESS' LICENSE TAX - TABLED The board directed that the advertisement for the proposed Business License Ordinance be tabled until the next regular meeting of the Board-at whichitime the Board will decide whether or not to proceed with advertisement of said ordinance. ' WAKELAND MANOR SUBDIVISION - SECTION E -1 - APPROVED SUBJECT TO HEALTH DEPARTMENT APPROVAL: • Mr. Renalds stated that the Health Department had advised that the plat had been denied because of inadequate water and sewer facilities. Mr. Berg stated that bond must be posted to insure construction of the water and sewer lines in 'the entire section and not just the six lots for which Mr. Wakeman is seeking approval. Mr. Ralph Wakeman appeared before the Board and stated that thecsik 1. :. for which he is seeking approval are contained within a plat of 42 lots which has already been approved and that the water and sewer lines are presently under construction. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,' Virginia, does herein approve the plat of Wakeland Manor, Section E -1, containing six lots and located in Opequon Magisterial District subject to approval of the Health Department of the water and sewer facilities. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Nay.' DISCUSSION - • Mr. Joh known to the the election what will be time or part ELECTION OF CHAIRMAN AT LARGE: 1 Pickeral appeared before the Board and requested that the Board make public the answers to several questions concerning the referendum on of the Chairman at large such as what will the new office constitute, the responsibilities and duties of the position, will it be a full time position, what is the salary, how will this give the County bett government, etc.. Mr. Cole stated that the salary, the position and its duties are set forth in ' the State Code. He further stated that he felt the people should have the right to elect their Chairman rather than have him elected by the five supervisors. Mr. Madigan stated that he was not in favor of the - election of a Chairman at large because he could not see where it would benefit Frederick County in any way. He further stated that he felt perhaps the County should be redistricted into perhaps or nine.districts should the people desire more supervisors. EXECUTIVE SESSION • PROPOSED PARK PROJECT .Mr. Robert E. Fletcher, Frederick County Parks and Recreation Director, Upon motion made by Richard F. Madigan, seconded by J. Robert Russell, and ' passed unanimously, the Board retired into Executive Session to discuss a legal , matter and a financial matter. into the park. He stated that the deadline for acquisition proposals was November 25, 1974, and he requested that the Board advise him of their wishes in this matte Upon motion made by Richard F. Madigan, seconded by DonaildiR.1 Hodgson, and passed unanimously, the Board withdrew'.from Executive Session. that sanitation facilities.could be provided on the property. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell and Upon motion made by Richard F. Madigan, seconded by J. Robert Russell, and passed unanimously, the Board reconvened into Regular Session. District: Donald R. Hodgson - Aye Richard F. Madigan - Ave THAT • UPON MOTION DULY MADE,-SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED Raymond" C. Sandy - Aye.- THE BOARD OF SUPERVISORS - DO NOW ADJOURN. Q. C9. 0 . LIL Se retary Bd. of Supervisors ��`� � A At a Special Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the 6th day of November, 1974, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Denni T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order. PARKS AND RECREATION DEPARTMENT - REQUEST FOR BOARD APPROVAL TO PROCEED WITH • PROPOSED PARK PROJECT .Mr. Robert E. Fletcher, Frederick County Parks and Recreation Director, appeared before the Board and stated that he had received a letter from the Com- mission of Outdoor Recreation stating that they would participate up to 758 on the • acquisition of the property and that in their new budget the County could approach funding for the County might-want to , the Commission for 758 various projects put into the park. He stated that the deadline for acquisition proposals was November 25, 1974, and he requested that the Board advise him of their wishes in this matte . ?toad construction and sanitary facilities was discussed and Mr. Fletcher stated that the road construction would come from recreational access monies and that sanitation facilities.could be provided on the property. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell and • passed unanimously, the following poll was taken of the Board members in order to specify whether or not the Frederick County Parks and Recreation Department should proceed to seek funding for the proposed park project in Opeq Magisterial District: Donald R. Hodgson - Aye Richard F. Madigan - Ave J. Robert'Russell - Aye , Dennis T. Cole - Nay Raymond" C. Sandy - Aye.- L m exhorbitant. Mr. Koontz stated'that the feasibility studies obtained by the Authority FREDERICK COUNTY SANITATION AUTHORITY - REQUEST FOR TRANSFER OF FUNDS - DISCUSSED Mr. S. Roger Koontz, Chairman of the Frederick County Sanitation Authority ' appeared before the Board and stated that the request from the Sanitation Authority a more economical way and growth could be control- for these funds was necessary in order that financing might be obtained on the mately $300,000. project. He stated that the Authority would like the assurance of the Board that exhorbitant. Mr. Koontz stated'that the feasibility studies obtained by the Authority they are behind the project. that the fees would not Mr. Madigan asked where the money would come from to build the plant and when would it be paid back. Mr. Koontz stated that the money would come from the Mr. Madigan stated that refinancing of money already borrowed from the Board of Supervisors and he thought • loan. and the projects turned it was a twenty year • Financing was discussed and Mr. Madigan asked Mr. Koontz if in fact the a more economical way and growth could be control- Sanitation Authority was asking the Board to appropriate enough money to build the led•. entire plant and Mr. Koontz stated that this was essentially correct. future of approxi- Mr. Madigan asked if the Sanitation Authority had blueprints for the plan mately $300,000. and the lines and had they been approved by the State Water Control Board. the Board had created the Authority to provide Mr. Koontz stated that-they do have blueprints and at this point they are these services for the County and in the hands of the Health Department for approval. • Mr. Madigan asked if the Authority had had feasibility studies conducted and Mr. stated that they had. Mr. Madigan stated that he had been to Richmond and discussed the matter quite thoroughly with FHA representatives. He further stated that he felt the service fees that would have to be charged should this project be approved would be exhorbitant. Mr. Koontz stated'that the feasibility studies obtained by the Authority to do this job as best they could. Mr. James Diehl,_Authority member, stated that it was his understanding that Frederick County lost'the annexation suit because we could not provide service: and that the Sanitation Authority had been working to provide these services in • order to improve the tax base of the County. He further stated that should the Authority be dissolved, the County would have to begin over again. He stated that he would be happy to do anything to provide the services at the most economical indicated that the fees would not be exhorbitant. Mr. Sandy asked if the $250,000 would Mr. Madigan stated that he would like to see the Sanitation Authority dissolved and the projects turned over to the County Engineering Department so that • the services could be provided in a more economical way and growth could be control- unavailable, the led•. Authority would probably have to request additional funds in the future of approxi- , mately $300,000. Mr. Koontz stated that the Board had created the Authority to provide these services for the County and the members had worked 'very diligently and hard to do this job as best they could. Mr. James Diehl,_Authority member, stated that it was his understanding that Frederick County lost'the annexation suit because we could not provide service: and that the Sanitation Authority had been working to provide these services in • order to improve the tax base of the County. He further stated that should the Authority be dissolved, the County would have to begin over again. He stated that he would be happy to do anything to provide the services at the most economical cost. Mr. Sandy asked if the $250,000 would be sufficient to complete the pro- ject or would the Authority request more in the future. Mr. Koontz stated that should further FHA financing he unavailable, the Authority would probably have to request additional funds in the future of approxi- mately $300,000. Connection fees and service fees were discussed.and Mr.. Koontz stated •1 LO wa that if FHA did•- not.approve the financing the Authority and Board would have to determine how much of the project would be feasible. _ Mandatory connections were discussed and Mr. Koontz - advised that FHA would ' 1 be the determining factor as to whether a homeowner would be required to hook onto the system. .Mr. Sandy asked for comments from the Board members. Mr. Cole stated that he owned property and had interest in property in the area of the proposed project and would therefore abstain from discussion or voting on . this.•:matter. Mr. Russell asked Mr. Koontz if the $1,000,000 was a grant from.FHA and the • $2,000,000 was a loan and Mr. Koontz stated this was correct. Mr. Russell asked what the interest rate and pay off on the loan would be and Mr. Koontz answered 5% and forty years. Mr. Hodgson stated that he felt the Authority was proceeding in the. direction the Board had given them and he felt the Board should give them a vote of confidence. He further stated that if we expected to build a tax base in the ' County he felt we must sewer the Kernstown area. Mr. Koontz advised that the Kernstown area is being considered quite care- • fully at this time and that FHA realizes that this could be a very lucrative growth area. Mr. Madigan stated that he was quite concerned because the lines going into the ground have not been approved. Mr. Wellington Jones, Engineer- Director of the Frederick County Sanitation Authority, advised that the lines have been approved. Mr. Sandy stated that he felt the Authority should advise the Board of impending requests for money and not have it come to the Board from a secondary source.. Mr. Sandy asked what work -had been done in order that the new school site • on Route 50 could be served and Mr. Jones presented rough estimates of what the service would cost the County and what the City would charge to provide it. He , stated that he questioned whether the lines in the Sunnyside area would take the additional flow. Dr. Wright stated that he felt one of the problems with the proposed site, which is in many ways an excellent site for a Senior High School, is water and sewer, and most importantly sewer. He stated that there would be growth around any new school wherever it is built and the big question whether or not the • lines can take the school and additional growth. He stated that the school wouldil have to be as close to James'Wood as possible. Dr. Wright further stated that the Apple Pie Ridge School was built at the present location in order to help get the services to that area and that they had been promised services to this school. Mr. Sandy asked Dr. Wright if he had been in contact with the City of Winchester with regard'to providing services to the school. II ' % Dr. Wright stated that -he had not. He further-stated that he had talked with Mr. Seldon about how far a line extended in that area, but that no official discussion had taken place • - _. - - u- ' - - - - - - . - -. - -- r Mr. Sandy requested that the School Board keep in contact with the Board of Supervisors with regard to school projects and water and sewer services. ' Mr. Adams stated that everyone, including the Board of Supervisors, School Board, and Sanitation Authority, has been aware of the plans to water and sewer the Apple Pie Ridge School. Mr. Madigan asked if the Authority had talked with the City of Winchester concerning connecting the new school into the Pennsylvania Avenue pump station and Mr. Jones stated that a letter had been sent to the City regarding this matter. Mr. Madigan moved to invite Mr. Goodling and Mr. Hawks from 'FHA to Winchester • to meet with the Board of Supervisors, the Frederick County Sanitation Authority, and members of the Winchester City Council to discuss this matter. Mr. Russell stated that he felt a group this large would not get much accomplished. Mr. Madigan then suggested bringing in the FHA representatives and have them meet with the Board of Supervisors and the Sanitation Authority. Mr. Pat McTiernan asked if some of the lines laid by the Sanitation Authority could have been paid for by grant funds in conjunction with the Regional Plant • and Mr. Renalds stated that until such time as the Regional Authority was created, no grant funds were available for these lines. Mr. Madigan withdrew his previous motion. Mr. Adams stated that he felt if we are going to provide the services to the County we should take advantage of the 5 per cent interest available now thrqugh FHA. Mr. Sandy stated that his main concern was that the Kernstown area be prov services and that the services be provided in the most economical way possible. Mr. Adams stated that he did not feel the Authority's position had been helped by a member of the Board of Supervisors going to FHA to discuss the propos • financing. Mr. Madigan stated that he had gone to Richmond to find out what the financi situation of the Sanitation Authority was. A lady in the audience asked who would be responsible for the repayment of. loans made by the Authority should the Authority be dissolved and Mr. Koontz stated that should the Authority'be dissolved, it would probably be dissolved back into the Board of Supervisors. A gentleman in the audience expressed concern about the evident rise in taxes • in the County and stated that he questioned the wisdom of spending money for a park in the County at this time. Mr. Charles Boyd appeared before'the Board and stated that he wanted to clarify one point - that he had invited Mr. Madigan to go to Richmond with him to talk with the FHA'representatives. He then requested placement on the Agenda for the next regular meeting of the Board of Supervisors at which time he advised he would present a statement to the Board. There was discussion as to where the plant on Abrams Creek would be located. Mr. Sandy thanked members of the Sanitation Authority for meeting-with the Board and discussing the various problems they were facing'. Mr. Sandy stated that the Board would recess for five minutes and then reconvene to discuss one more item. Dece Mr. Cole stated that he did not think this could be done inasmuch as this was a special meeting and only the items on the agenda could be discussed. There was a five minute recess. The Board reconvenes. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF'SUPERVISORS DO NOW ADJOURN. �Y', � • A'� � 111 Sgcretary Bd. of Supervisors Chair n Bd. bf Supe'rvisdrs • At a Special Meeting'of the Board of Supervisors of the County of Frederick, Virginia, held on the 19th day of November, 1974, at 6:30 P.. M. at the Carpers Valley Country Club, Route 50 East, Winchester, Virginia. PRESENT: Frederick County Board of Supervisors - Raymond C. Sandy, Chairman; , J. Robert Russell, Vice Chairman; Dennis T. Cole, Donald R. Hodgson; and Richard F. Madigan. • Frederick County Board of'Education - Ray Boyce, Chairman; John Solenberger; Robert E. Aylor, III; Roscoe Bowers; and Clyde Logan. The Frederick County'Board of Supervisors' Chairman, Raymond C. Sandy called the meeting to order The following Waiver of Notice of Special Meeting as executed by the members of the Board of Supervisors, was ordered to be entered as a part of these-minutes and is outlined below: WAIVER OF NOTICE OF SPECIAL MEETING 0 /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Donald R. Hodgson We, the undersigned Members of the Board of Supervisors of Frederick County, Virginia, the Commonwealth Attorney and Clerk • of the Board do hereby waive Notice of Special Meeting on the date of Tuesday, November 19, 1974, at 6:30 P. M. at Carpers Valley Country Club, Route 50 East, Winchester, Virginia, said ' Meeting called for the purpose of discussing School and County finances and future school projects with the School Board of Frederick County, Virginia. Signed and attested this 19th day of November, 1974. /s/ Raymond C. Sandy Raymond C. Sandy , Chairman Opeq_uon District /s/ J. Robert Russell J. Robert Russell Vice Chairman • Gainesboro District Shawnee Distr son /s/ Richard F. Madi Richard F. Madigan Back Creek District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney /s/ J. O. Renalds, Iii J. O. Renalds, III. Clerk of the Board of Supervisors - 87 , ATTEST: /s/ Ann K. Kelican I Ann K. Kelican, Deputy Clerk of Board of Supervisors Mr. Sandy then called on Dr. Wright to make a presentation on the school building program. Dr. Wright handed out a report on the current building program, dated November, 1974, to members of the Board of Supervisors and Frederick County School Board. Dr. Wright thanked the Board of Supervisors for their support in the past in attempting to meet the problems of education in the County and meeting the • 1 standard of quality education in the Commonwealth of Virgina. Dr. Wright reviewed the two studies made by survey teams from the State Department of Education dated 1966 and 1970 and contained within the hand -out made to the Board. Dr. Wright stated that the report contained data on birth rates, population, school enrollment, classroom capacity in all schools and certain financial data pertaining to the Frederick County School Building Program. fir. Ed Lizer pointed out that population figures obtained from the Planning Commission were higher than those presented by the consultant to the School Board. Mr. Madigan stated that he too had personally worked out some population is figures and his were higher yet than those of the Planning Commission. There was a general discussion regarding present and future population trends within Frederick County. Dr. Wright briefly reviewed the progress made in recent building construction in the Countv and where the County had progressed in the area of school buildings within the last ten to fifteen years. Dr. Wright reviewed with both boards the financial reports and suggested methods of financing future school projects as outlined below: Financial Report of Building Program November 19, 1974 • II Apple Pie Ridge Elementary School ' $2,252,228 51,740 Land paid for through regular budget 2,200,488 Cost less land 750,000 Literary Fund 1,450,488 Virginia Public School Authority Estimates Bass - Hoover Elementary School _ $2,000,000 Total cost equipment included 750,000 Literary Fund $1,250,900 155,677 Revenue Sharing (local credit) • 1,094,323 Virginia Public School Authority James Wood Hiah School Renovation and Addition $1,800,000 Total cost including certain equipment 1,455,189 Virginia Public School Authority 344,811 Local Funds Local Funds $1,000,000 500,488 499,512 $6,500,000 6,000,488 $ 499,512 Pledged Total local funds expended on current projects Balance local funds Total money borrowed and pledged Total spent or estimated Estimated Balance $6,000,488 Estimated cost of current program 6,771,200 Total estimated cost of new senior high school $12,771,688 Estimated cost of building program (Less than estimated cost of one 2,800 pupil senior high school grades 9 -12) of Estimated Cost of New Senior High School Classrooms for approximately 1,200 pupils-plus 4ymnasium facilities, athletic fields, stadium, certain vocational areas, guidance suite ' and other expected administrative and instructional spaces. $5,221,200 Basic Bid (4,351 per pupil x 1,200 pupils) 149,700 square feet x $35.00 per square foot 300,000 Architect - engineering fees 50,000 Land 250,000 Water and sewerage facilities 500,000 Stadium, tennis courts, athletic fields, etc. 450,000 Equipment and furnishings 6,771,200 Total estimated cost $6,771,200 Total estimated cost • 750,000 Literary Loan $6,021,200 5,000,000 Virginia Public School Authority $1,021,200 499,512 Local pledge balance from three earlier projects (estimated) $ 521,688 Required new local money (estimate) Mr. Sandy questioned the proposed closing of the Stephens City and Middletown Elementary Schools and the tax burden which would be placed upon the citizens of Frederick County by the proposed building program. Mr. Sandy expressed dissatis- faction with regard to quality education since no state money was supplied to localities for the construction of school buildings. In regard to the Stephens Cit • and Middletown Elementary Schools and other schools programed to be closed out in the future, Mr. Sandy suggested the shifting of certain grades from the present junior high schools to the present elementary schools and utilizing the old elementary schools for the lower grades rather than proceed on with the proposed building program. Mr. Sandy also questioned the investment of $250,000 in water and sewer facilities for the proposed school site located on Route 50 west of the City limits of Winchester. He stated that the majority of growth in the County is south of the City of Winchester and that the School Board should consider building a high school in that area. With regard to borrowing $5 million dollars from the Virginia Public School Authority to help finance the new high school, Mr. Sandy • suggested the alternative of putting a five million dollar bond referendum to the regarding closing the Stephens , people of Frederick County and also a referendum City and Middletown Elementary schools. Mr. John Solenberger asked to hear from other members of the Board with regard to their feelings on the direction the School Board was taking in regard to the proposed school building program. Messers Hodgson, Russell and Cole stated that they felt that the present proposed school building program, submitted by the School Board to the Board of Supervisors, is a feasible means:. of providing for the future needs of education in Frederick County. Mr. Madigan stated that he believed this was a good direction to go as far as providing school facilities but he was very much concerned with the added tax burden on the citizens of Frederick County. Dr. Wright reiterated the need for continuing guidance from the Board of Supervisors with regard to the school building program in order that the County might proceed with plans to provide the best school facilities for Frederick County ' for the future. Mr. Olver Stine, a representative for Hayes, Seay, Mattern and Mattern, Architects and Engineers of Roanoke, Virginia,presented a slide presentation of the • 9 proposed James 'Wood renovation. At the conclusion of the slide presentation, Mr. Madigan asked if the School Board was unanimous -in their conviction of proceeding with the presently proposed school building program, that is building new high school to house grades 11 and 12 with grades 9 and 10 in the present James Wood facility after it is renovated. In a poll of the members of the School Board, all members indicated that they agreed with the presently proposed building program as submitted previously to the: Board for new school construction in the County. Mr. Ray Boyce, Chairman of the Frederick County School Board, stated that he • hoped the Board of Supervisors would back the present school building program. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Se r'etary Bd. of Supervisors Chairman d. of Supervisors` • kt the-Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia. held on the 13th day of November,1974, in the Board of Supervisors Room, 9 Court Square, Winchester, Virginia. The Chairman called the meeting to order. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole, Donald R. Hodgson, and Richard F. Madigan. 0 APPROVAL -OF MINUTES Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE-IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia,.does herein approve the minutes of the regular.meetings of this Board held on October 9, 1974, and October 23,. 1974, as submitted. ' The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;. J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. HIGHWAY DEPARTMENT REPORT - MR. R.C. KING Mr. King appeared before the Board and stated that there were two secondary construction projects scheduled for advertisement but due.to the increased costs and diminished revenues one had to be delayed. He further stated that the Highway • Department would proceed with the road at Stephenson and the bridge over Back Creek on Route 671 would be delayed. Mr. Madigan asked if the entrance on Route 608 which he had discussed with Mr. King, had been checked and Mr.King stated that permission had been obtained ` for the-.construction of this entrance. Mr.-Sandy requested that -Mr. King have the Highway Department check the rough condition of certain areas on Route 642 and perhaps correct this condition. ' APPROVAL OF�BILLS Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the bills for the month of October, 1974, in the 0 90 i t amount of $120,377.43 and does order the same be paid by Warrants. #07655- #07885 and #07887- #07890. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye: Dennis T. Cole,-Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Mr. Sandy stated'that within the above mentioned bills nine fire companies andl the rescue squad would be receiving contributions from the County. APPROVAL OF PAYROLL Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the payroll for the month of October, 1974, in the amount of $57,589.07 and does order the same be paid by Warrants #07560- #07654. The above resolution was passed by the following recorded vote: Raymond C. l Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye;- and Richard F. Madigan, Aye. CHARLES BOYD PRESENTATION OF STATEMENT OF OPPOSI AUTHORITY CK COUNTY Mr. Charles Boyd appeared before the Board and presented a statement in opposition to•the water arid sewer plans of the Frederick County Sanitation-Authority wherein he'cited several areas of conflict which he felt had occurred between the citizens of Frederick County and the Sanitation Authority. Mr. James Diehl appeared before the Board.and stated that he realized he represented all of the people in the County and not just one district as Mr. Boyd had stated in his presentation. He stated that the Sanitation Authority had proceeded at the direction of the Board of Supervisors and was trying to provide water and sewer services to the people in the County as best they could. Mr. T. G. Adams appeared before'' the Board and stated that the Sanitation Authority had to install the'services where they can prove feasibility and this-is not always in the areas that need the services the most. "'� ` j `' r ' Mr. Roger Koontz appeared before the Board and stated that the Authority need: direction from the Board of Supervisors as soon as'possible as to what'they desire the Authority to do. Mr. Sandy stated that the Board would meet with the - Sanitation Authority-and.' representatives from FHA on November 21, 1974, to thoroughly discuss this matter and perhaps a decision could be reached at the next meeting of the Board. PUBLIC HEARINGS REZONING APPLICATION - J. P. DARLINGTON - 12.5 ACRES IN STONEWALL MAGISTERIAL DISTRICT - THIRD AND FINAL READING - APPROVED Mr. Sandy read the rezoning application of J. P. Darlington to rezone 12.5 acres in the Stonewall Magisterial District from A -2 to R -1. Mr. Berg presented a plat showing the location of the property to be rezoned. Mr. Darlington appeared before the Board with his attorney, Mr. Larrick•, in support of this rezoning application. Mr. McCleever appeared before the Board in opposition to this-petition-.for rezoning. He stated that although he is a resident of West Virginia he owns property in the same general area as the property sought to be rezoned and he objected-to the rezoning because he felt development of the would present I • • • I • 91 a drainage'problem. He further stated that he felt sanitation facilities such as wells and septic systems would create a health hazard in an area with such a drainage problem. There. followed •leng.thy'discussion'is•to the type of road serving this develop- ment and the provisions for a cul de sac in order for vehicles to turn around without entering West Virginia. Mr.Darlingtori agreed to provide a cul de sac as requested by the Board. Mr: Russell'stated that he felt the Board should carefully consider approving C � J large developmen't's - in the County insofar as their being self- supporting and not_'a burden to the Frederick County taxpayers. He further stated that he would like to see a master plan for Mr. Darlington's property and a report on the soil survey which Mr. Darlington had conducted. Mr. Larrick pointed out that the Board should be considering only the rezoning I • request'at this time and that 14r. Darlington would then have to obtain Board approval for the subdivision plat. Mr. -, Cole stated that this type of middle income housing was needed in the County and he felt all these questions could be resolved when the subdivision plat is submitted for approval. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following ordinance: AN-ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 12.5 ACRES,MORE OR LESS, OF J. P. DARLINGTON, LOCATED NORTHWEST OF GORDONDALE SUBDIVISION, SECTION 1; FRONTING -THE WEST SIDE OF ROUTE 670 FOR 1,377 FEET WITH A DEPTH OF 350 FEET: BOUNDED BY THE WEST VIRGINIA LINE TO THE NORTH;IN STONEWALL.MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTIAL, LIMITED (R -1). The above resolution was passed by the following recorded vote: Raymond C. • i Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REZONING APPLICATION - MARVIN AND ELSIE L. SHEPPARD - 158 ACRES - THIRD AND FINAL READING - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Sandy read the rezoning application of Marvin and Elsie L. Sheppard to rezone 158 acres in the Back Creek Magisterial District from A -1 to R -2. Mr. Berg presented a plat showing the location of the property to be rezoned. • Mr. Sheppard, Mr. Ben Butler, and Mr.Charles Kirkland appeared before the Board.in support.-of this rezoning application. Mr. Butler stated that this p; had originally been platted in 3 acre lots and Mr. Sheppard now plans to have lots of 30,000 square feet with 100 feet frontage. He further stated that the sub- division would have central water and sewer. There was no opposition to this rezoning application. Upon'a motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the'BOaid of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 158 ACRES,MORE OR LESS, OF E: MARVIN AND ELSIE L. SHEPPARD, FRONTING BOTH SIDES OF ROUTE 259, APPROXIMATELY 8/10 MILE SOUTH OF INTERSECTION WITH ROUTE 708; IN BACK CREEK MAGISTERIAL DISTRICT; FROM'AGRICULTURAL, LIMITED (A -1) TO RESIDENTIAL, LIMITED (R -2). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ti 92 ORDINANCE THE FREDERICK COUNTY DIVISION.OF•LAND ORDINANCE (SUBDIVISION ORDINANCE) ADOPTED FEBRUARY 13, 1974';SECTION 4 -32 -3 - THIRD AND FINAL READING - APPROVED -Mr. Sandy read the proposed amendment to the Frederick County Division of Land Ordinance. There was no one to speak in opposition. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board'of Supervisors of the County of Frederick, Virginia,-does: approve, on-third and final'reading, the following ordinance: AN ORDINANCE TO AMEND.THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE._ _._. (SUBDIVISION ORDINANCE) ADOPTED FEBRUARY 13, 1974, TO AMEND SECTION 4 -32 -3 TO-READ AS FOLLOWS: F �• RESTRICTION: SUBDIVISION OF LAND INTO THREE (3) OR MORE J. RESIDENTIAL BUILDING LOTS IS NOT PERMITTED IN AGRICULTURAL ZONING DISTRICTS. The above'resolution was passed by the - following recorded vote: Raymond,C.,.:.:. Sandy, Aye; J. Robert Russell, Aye;Richard F. Madigan, Aye; Dennis T. Core, Nay; and Donald.R. Hodgson, Nay'. REQUEST FOR BUDGET FUNDS - FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Mr. Sandy read the request for budget funds in the amount of $52,806.65 from i the Frederick'County Sanitation Authority. Upon motion made by Donald R.HOdgson and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia', that a loan in the amount of $52,806:65 is hereby authorized to the Frederick County Sanitation Authority; and, ` BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended from budget code 10 -01OH -902 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 as approved by this Board at a regular meeting held on April 12, 1972, and is subject to the terms so established on that date; and BE IT FURTHER RESOLVED, That the expenditure breakdown on this loan is as follows: $ 875.00 - Research and work on Abrams Creek Drainage area and relocation of sewer line crossing Pennsylvania Avenue $ 2,092.39 - Equipment for Redbud i $ 24,200.84 - Work on Redbud I $ 960.00 - Work'on Redbud I $ 24,678.42 - Work on Redbud II The above resolution was passed by the following vote: Raymond C. Sandy, Aye; Donald-R. Hodgson, Aye; J. Robert Russell, Aye; Richard F. Madigan, Nay; and Dennis T. Cole, Abstaining. CONDITIONAL USE PERMITS /MOBILE HOME PERMITS - BROWN, KERNS, KEIRSEY - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That.the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following conditional use permits /mobile home permits:. 1. Calvin Brown - Stonewall District 2. Golden Kerns - Gainesboro District-. 3. Ralph Keirsey - Gainesboro District The above resolution was passed by the following vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. 0 n LJ 17J E r1 U PUBLIC HEARING TO BE HELD ON APPLICATION OF EARL ARMEL FOR MOBILE HOME PERMIT 93 Upon motion made by Richard F. Madigan and seconded-by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that.a public hearing be held on the application for conditional use permit /mobile'home permit of Earl Armel inasmuch as said applica- tion is for the construction of a mobile home park. The above resolution was passed by the following recorded vote: Raymond'C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. SUBDIVISIONS FREDERICKTOWNE. SECTION III - FINAL PLAT'- APPROVED Mr. Ron Berg appeared before the Board and presented the .final plat of • Fredericktowne, Section III. He stated that approval from the Highway Department, the Sanitation Authority and the Recreation Department had been obtained and a bond estimated at $854,295.00•is to be posted and Health Department approval is pending the review'of the plans in the Lexington Office. Upon a motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, containing 258 lots in the Opequon Magisterial District with the stipulation that Virginia, does herein approve the final plat of Fredericktowne, Section III the necessary bond posted and contingent upon the approval of the Health Depar ment. The.above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell', Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PLAT REVISION - FREDERICKTOWNE, SECTION II, THE PINES - APPROVED Mr. Berg presented the proposed plat revision for Fredericktowne - Section II • and stated that the open space 'requested by the Board had been provided. Mr. Sandy stated that the developer had agreed to reserve the lots on Buckingham Drive for single family dwellings. Mr. Berg stated that the Recreation Department, Sanitation Authority, and Highway Department have approved the plat. A $35,000.00 bond has been posted and we are awaiting .final approval of the Health Department. Upon motion made by Richard F..Madigan and secohded by J. Robert Russell, BE IT-RESOLVED, That the Board of Suoervisors.of the County of Frederick, • Virginia, does herein approve the plat revision of Fredericktowne, Section II with the stipulation that the lots on Buckingham Drive remain single family and pending approval of the Health Department. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye;.Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PLAT REVISION - FREDERICKTO67NE, SECTION II - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the plat revision changing the lot line between Lots 87 and 88 in Fredericktowne Subdivision, Section II, as shown on the plat submitte by Fredericktowne Company. The above.resolution was.passed by the following recorded vote: Raymond C Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; O , U and Richard F. Madigan., Aye. REQUEST'FOR TAX REFUNDS - PENNOCK, TRACEY, MASSIE, GOLIGHTLY, LEWIS - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, i• BE IT RESOLVED, That the Board of Supervisors of the County of Frederick', Virginia, does herein approve the following tax refunds as recommended by the Commissioner of Revenue for taxes erroneously paid: 1. William E. Pennock - $66:60 2. Roger E. Tracy, Sr. - $163.91 3. Howard Massie - $20.91 4. Laura A. Golightly - $29.60 5. :Mrs. Alfred Lewis - $345.60 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. COMMITTEE RECOMMENDATIONS S. P. C. A. REQUEST FOR INCREASE FOR QUARANTINE OF CATS OR KITTENS - APPROVED .1lr.'Sandy stated the SPCA was requesting an from 50 cents to 7.5 cent per cat or kitten per day for any animal quarantined at the SPCA Shelter.. ' Mr. Cole stated that this.is.a service we do not provide the people of :« Frederick County, and therefore, the City is providing the service. Mr. Sandy stated that he felt this amount was excessive. Upon motion made by. Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request from the Society for the Prevention of Cruelty to Animals for an increase from 50..cents to 75 cents per cat or kitten per day for any animal quarantined at the SPCA Shelter. The above resolution was passed by the following vote: Dennis T. Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Nay and Raymond C. Sandy, Nay. REQUEST FOR PLACEMENT OF PARKING BLOCKS ON COUNTY PLAZA - APPROVED Mr. Sandy read a request from the City of Winchester for parking blocks on the County Plaza to prevent'damage to areas in and around City Hall. Upon Motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE. -IT RESOLVED, That the Board'of Supervisors of the County of Frederick, Virginia, does herein approve a supplemental appropriation in the amount of $150:OC for the placement of parking blocks on the County Plaza to prevent damage to areas in and around City Hall. The above resolution was passed the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REQUEST FOR PROTECTIVE SCREENS IN 13,SHERIFF'S DEPARTMENT VEHICLES - APPROVED Mr. Sandy read the request for protective screens in-- 13-Sheriff's Department vehicles at a total cost of•$2,600.60. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell., BE'IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a supplemental appropriation in the amount of $2,600.00 for the placement of - protective screens in 13-Sheriff's Department vehicles. .J E • L C , J 95 The above resolution was passed'by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye;-Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ' and Richard F. Madigan,'Aye. REQUEST FOR SUPPLEMENTAL APP SITE - APPROVED ' Mr. Sandy read the request -for a supplemental appropriation in_the amount of $9,000.00 for cover material for closing out the old Frederick County Landfill site. Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, • BE iT'.RESOLVED, That the Board of Supervisors of the County of Frederick, Virgihia, does herein approve a supplemental appropriation in the amount of ' A $9,000.00 for - the purchase of cover material to close out the old Frederick County Landfill site. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ' and Richard F. Madigan, Aye. AUTHORIZATION TO GIVE NOTICE TO CITY OF WINCHESTER AND CLARKE COUNTY OF INTENTION • TO TERMINATE FREDERICK COUNTY — WINCHESTER - CLARKE COUNTY LANDFILL AGREEMENT - APPROVED Mr. Sandy read the request of the Engineering Department for approval of notification to the City of Winchester and County of the intention to terminate the current Frederick County - Winchester- Clarke County Landfill Agreement six months from this date, November 13, 1974. The County Administrator, J. O. Renalds, stated he; had been in contact with the City Manager on matter and the City has -no objections inasmuch as'the current contract calls for a six months notification. He stated that the commit Virginia; does herein authorize the County Administrator to give notification to the City of Winchester and Clarke County of the termination of the current - Frederick County - Winchester - Clarke County Landfill Agreement six months from this date, November •13, 1974. • The above resolution was passed by the following recorded vote: Raymond C. Sandy; Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ASSOCIATION OF COUNTIES - INCREASE IN MEMBERSHIP DUES -APPROVED Mr. Sandy read the recommendation of the Finance Committee for the approval of the dues increase for the Virginia Association'of Counties from 4 cents per capita to 6 cents per. capita. Upon motion made by Richard F. Madigan and seconded by Dennis-T. Cole, BE IT RESOLVED, That the Board of Supervisors of-the County-of Frederick, Virginia, does herein approve the proposed amendment to'.the BY -Laws of .the Virginia Association of Counties to allow for the increase from four cents to six cents per capita the assessment per jurisdiction for membership in the Virginia Association of Counties. felt that when we move to the new site, we should be in a position where we are • sharing expenses with the City rather than the County paying it all and charging the City a rate-per-ton. ' Upon motion made.by Dennis T. Cole and seconded J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia; does herein authorize the County Administrator to give notification to the City of Winchester and Clarke County of the termination of the current - Frederick County - Winchester - Clarke County Landfill Agreement six months from this date, November •13, 1974. • The above resolution was passed by the following recorded vote: Raymond C. Sandy; Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ASSOCIATION OF COUNTIES - INCREASE IN MEMBERSHIP DUES -APPROVED Mr. Sandy read the recommendation of the Finance Committee for the approval of the dues increase for the Virginia Association'of Counties from 4 cents per capita to 6 cents per. capita. Upon motion made by Richard F. Madigan and seconded by Dennis-T. Cole, BE IT RESOLVED, That the Board of Supervisors of-the County-of Frederick, Virginia, does herein approve the proposed amendment to'.the BY -Laws of .the Virginia Association of Counties to allow for the increase from four cents to six cents per capita the assessment per jurisdiction for membership in the Virginia Association of Counties. 96 The'above resolution was passed'by the following recorded vote: Raymond•C... Sandy, Aye; J. Robert Russell,.Aye;-Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. FREDERICK - WINCHESTER ASAP PROGRAM - APPROVED Mr. Sandy read the recommendation of the Finance Committee relative to the Frederick County - Winchester ASAP Program stating that the Committee recommends approval to the Board with the stipulation that the program be self- supporting, said recommendation being contingent upon City of Winchester support in the amount of 508 of the project. Judge David Simpson appeared before the Board and described in detail the ASAP Program and-stated that he felt there was a vital need for such a program in this.area. He described the method proposed for funding the program.and - stated that in essence he was requesting $5,000.00 each from the City and the County with the remaining funds coming from the State for the remainder of this fiscal year. The for fiscal year 1975 -1976 was discussed and Judge Simpson stated that he felt the program would become 80 to 908 self- supporting. Mr. Cole stated he was very much in favor of this program and he felt if it saves just one person's_:1'ife it will be it Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick,. Virginia'. that the -following adjustment to the 1974 -75 budget is hereby approved in order that the Winchester- Frederick Alcohol Safety Action Program may be funded from January 1, 1975, to June 30, 1975. Estimated Revenue: (General Revenue Fund) 6710 Reimbursement - Commonwealth $26,000.00 9118 Reimbursement - City of Winchester 5,000.00 Total 31,000.00 Appropriations: (General Operating Fund) 05 -005B -399 ASAP Program $36,000.00 BENT FURTHER RESOLVED, That the cost of the program is to be shared with City of Winchester as passed by City Council at their November 12,.1974, meeting . and that this Board will review revenues and expenditures of the program before funding same past June 30, 1975. BE IT FURTHER RESOLVED, That the County Administrator is authorized to execu the grant application for this program. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REQUEST FOR HIRING A REAL ESTATE APPRAISER IN OFFICE OF COMMISSIONER OF REVENUE - TO BE CONSIDERED DURING BUDGET PREPARATION There was lengthy discussion on the request to hire an additional real estate appraiser in the office of. the Commissioner of Revenue and the Board agreec to take this request under advisement and consider it in the preparation of the budget for fiscal year 1975 -1976. F The Board discussed the preparation'of individual income tax returns being conducted in the Commissioner of Revenue's Office, and requested Mr; Cole to investigate the•.possibility of providing this service to County residents'through the program offered at Lord Fairfax Community College in order to eliminate the same from the Commissioner of Revenue's Office. n J • J is • • 97 DEPARTMENT HEADS REPORTS - ACCEPTED After review the Board accepted the reports of the Department Heads CONSTITUTIONAL OFFICERS REPORTS - ACCEPTED After review the Board accepted the reports of-the Constitutional Officers. AUTHORIZATION FOR DOUG SWIFT TO PROCEED WITH THE APPEAL IN•THE CASE.OF FREDERICK COUNTY "VERSUS E. •EUGENE 'GUNTER - APPROVED Mr. Sandy stated -he -had a letter authorizing Mr. Doug Swift to.proceed with the appeal in the case of Frederick County versus Mr. E. Eugene Gunter. Mr. Cole requested that the Board get an estimated price from Mr. Swift of his • is fee. The Board agreed to this request with the stipulation that should it be necessary, the County Administrator could poll the Board after he obtained Mr. Swift's estimate in order to execute the proper -paper employing Mr. Swift to represent Frederick County in the Gunter Case. HOME DEMONSTRATION CLUB REQUESTS THE PLACEMENT OF MRS. WILL UAINGaS: ON THE BICENTEN- NIAL COMMITTEE - APPROVED Mr. Sandy read a letter from Mrs. Pauline Baccary, Home Demonstration Agent, requesting the appointment of Mrs. Will Owings to the Bicentennial Committee. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Mrs. Will Owings! to the Bicentennial Committee to represent the Home Demonstration Clubs. The above resolution was passed by the following vote: Raymond C. Sandy, Aye; is J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. SUPPLEMENTAL APPROPRIATION - TELEVISION SETS FOR FREDERICK - WINCHESTER JAIL - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT'RESOLVED, By the Board of Supervisors of Frederick County, Virginia, u that due to public support witnessed by donations of two television sets and many individual cash donations toward the purchase of television sets for the Winches Frederick County Jail, the following adjustment to the 1974 -75 budget is hereby authorized in order that the money received in donations may be expended with the understanding that any additional funds needed for the above purpose be expended from within the current budget of the Sheriff's Department: Increase: General Revenue Fund Revenue: 05 -9161 Donations Jail T.V.'s Increase: General Operating Fund-Appropriations: 19 -006B -499 $114.00 $114.00 The above.resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R..HOdgson,.Aye; and Richard F. Madigan, Nay. REQUEST FOR REPRESENTATIVES TO LORD FAIRFAX PLANNING DISTRICT COMMISSION BE INSTRUCTED TO VOTE ACCORDING TO THE CONVICTIONS OF THE BOARD OF SUPERVISORS OF THE 10' - COUNTY OF FREDERICK, VIRGINIA, IN REGARD TO A -95 - REVIEW OF PROPOSED PARK PROJECT DISAPPROVED Mr. Sandy stated that Dennis T. Cole and J. Robert Russell were the Board's a • 0 representatives on the•LOrd Fairfax Planning District Commission and he felt the representatives should.:support•the Board's decision on the proposed park project whether they agree with it or not. - Mr. Madigan moved that the Frederick County Board of-Supervisors representa- tives to the Lord Fairfax Planning Commission be instructed to vote the wishes of this Board at the Commission Meeting tomorrow night in regard to the A -95 review of the proposed park project and thatthis motion accompany those individuals to the meeting. i. The motion died for lack of a second. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Q . m. T Secretary Bd. of Supervisors At a Special Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the 21st day of November, 1974, at 10:00 A. M. in the Board of Supervisors Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole, Donald R.-Hodgson,and Richard F. Madigan. The Chairman called the meeting to order. WAIVER OF NOTICE OF SPECIAL.MEETING The following executed Waiver of Notice of Special Meeting was introduced by the Chairman. We, the undersigned Members of the Board of, Supervisors of Frederick County, Virginia, the Commonwealth Attorney and Clerk of the Board do hereby waive Notice of Special Meeting on the date of Thursday, November 21,.1974 at 10:00 A. M. in the Board of Supervisors' Meeting Room, 9 Court Square; Winchester, Virginia, said meeting for the purpose of discussing past, current, furture and proposed projects and the financing-of such projects of the Frederick County Sanitation Authority with the Frederick County Sanitation Authority'and representatives of the Farmers Home Administration. Signed and attested-this 19th day of November, 1974 /s/ Raymond C. Sandy• Raymond C. Sandy, Chairman Opequon District. /s/ J. R. Russell J. Robert Russell*, Vice Chairman Gainesboro District' /s/ Dennis T. Cole Dennis T. Cole Stonewall District; L J I •. • • /s /'Donald R. Hodgson Donald R. Hodgson -Shawnee District ' /s/ Richard F. Madigan Richard F. Madigan' Back Creek District /s/ Lawrence R.. Ambrogi Commonwealth Attorney /s`/'J.' O. Renalds, III J. O. Renalds, III Clerk of the Board of Supervisors ' II ATTEST: /s/ Ann K.'Kelican Ann K. Kelican, Deputy Clerk of the Board of Supervisors Upon-motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick -does herein approve the above Waiver of Notice of Special Meeting and does order the same be made a part of the minutes of said meeting. • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R..Hodgson, Aye. WAIVER OF NOTICE OF AGENDA ITEMS , Upon motion made by Richard F. Madigan 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 Waiver of Notice of Agenda Items: Waiver of Notice of Agenda Items • We, the undersigned members of the Board of Supervisors of Frederick County, Virginia, the Commonwealth Attorney and Clerk of the Board do hereby waive notice of the following items placed on the agenda of the Special Meeting held this date, Thursday, November 21, 1974, at 10:00 A. M. in the Board of Supervisors Meeting Room, 9 Court Square, Winchester, Virginia, said meeting having been called for the purpose of discussing past, current, future and proposed projects and the IL financing of such projects of the Frederick County Sanitation Authority with the Frederick County Sanitation Authority and representatives of the Farmers Home Administration. 1. Cancel November 27, 1974 Regular Meeting • 2. Introduce on 1st and 2nd Reading by Title only, for Public Hearing on December 11, 1974, the following ordinances: A. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO ADD SECTION 2 -1 -22 (g) TO READ: CAMPGROUND: TOURIST CAMPS, TRAVEL TRAILER CAMPS,FAMILY CAMPGROUNDS, CAMPING RESORTS, RECREATION AREAS ON WHICH THREE (3) OR MORE CAMPSITES ARE OCCUPIED OR SEASONAL FACILITIES'MAINTAINED DIRECTLY RELATED TO OUTDOOR RECREATION, SUCH AS: CAMPING, LODGING, PICNICING, BOATING, FISHING, SWIMMING, OUTDOOR GAMES AND SPORTS BUT NOT INCLUDING MECHAN- ICAL AMUSEMENT DEVICES OR PERMANENT MOBILE HOME PARKS. B. AN ORDINANCE TO AMEND THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE (SUBDIVISION ORDINANCE) ADOPTED FEBRUARY 13, 1974, • TO AMEND SECTION 4 -13 TO READ: BOND: BEFORE ANY SUBDIVISION PLAT WILL BE FINALLY APPROVED AND BEFORE ACCEPTANCE OF DEDICATION FOR PUBLIC USE OF ANY RIGHT -OF -WAY LOCATED WITHIN ANY SUBDIVISION WHICH HAS CONSTRUCTED THEREIN, OR PROPOSED TO BE CONSTRUCTED THEREIN, ANY STREET, CURB, GUTTER, SIDEWALK, DRAINAGE OR SEWERAGE SYSTEM OR OTHER IMPROVEMENT, FINANCED OR TO BE FINANCED, IN WHOLE OR IN PART BY PRIVATE FUNDS, THE OWNER OR DEVELOPER MUST (1)- CERTIFY TO THE GOVERNING BODY THAT THE CONSTRUCTION COSTS HAVE BEEN PAID TO THE PERSON CONSTRUCTING SUCH FACILITIES, OR (2)- FURNISH TO THE GOVERNING BODY A CERTIFIED CHECK IN THE AMOUNT OF THE ESTIMATED COSTS OF CONSTRUCTION OR A BOND, WITH SURETY SATISFACTORY TO THE GOVERNING BODY, IN AN AMOUNT SUFFICIENT FOR AND CONDITIONED UPON THE CONSTRUCTION.OF SUCH ' FACILITIES. C. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 5.0 ACRES, MORE OR LESS, OF DORSET T. RUSSELL, LOCATED ALONG THE SOUTHEAST SIDE OF ROUTE 717 (CALDWELL LANE) JUST SOUTHWEST OF ROUTE 644 (PAPER MILL ROAD):' IN BACK CREEK MAGISTERIAL DISTRICT: FROM RESIDENTIAL, LIMITED (R -2) TO INDUSTRIAL, LIMITED (M -1). D. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 5.0 ACRES, MORE OR LESS, OF.FRANCIS P.. LAGES, LOCATED ON THE SOUTH SIDE OF ROUTE 50 EAST, APPROXIMATELY 7/10 MILES EAST OF INTERSECTION WITH ' INTERSTATE 81; IN SHAWNEE MAGISTERIAL DISTRICT: FROM BUSINESS, LIMITED (B -1) TO BUSINESS, GENERAL (B -2). E. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 1.5 ACRES, MORE OR LESS, OF GULF OIL COMPANY, U. S., LOCATED ON THE EAST SIDE OF ROUTE 11 NORTH, APPROXIMATELY ONE - FOURTH (k) MILE NORTH OF WINCHESTER CITY LIMITS: IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -1) TO INDUSTRIAL, GENERAL (M-2). F. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE THE PROPERTY FRONTING ROUTE 661 WEST FOR A DISTANCE OF 200 FEET AND A DEPTH OF 200 FEET, LOCATED ONE -HALF ('k) MILE FROM INTERSECTION WITH ROUTE 11 NORTH: IN STONEWALL MAGISTERIAL DISTRICT; FROM INDUSTRIAL,. LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3). , G. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE THE PROPERTY CONSISTING OF 0.834 ACRES MORE OR LESS, LOCATED SOUTHWEST OF A RIGHT -OF -WAY LEADING TO ROUTE 661 ABOUT 1.5 MILES NORTHEAST OF WINCHESTER, VIRGINIA; IN STONEWALL MAGISTERIAL DISTRICT; FROM INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3). H. AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON MAY 10,1972, ENTITLED AN ORDINANCE TO REGULATE THE CONSTRUCTION AND EXPANSION OF CENTRAL WATER AND SEWER SYSTEMS WITHIN THE COUNTY OF FREDERICK, VIRGINIA. ' I. AN ORDINANCE WHICH REPEALS THE SUNDAY CLOSING LAW IN THE COUNTY OF FREDERICK, Virginia. J. AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON OCTOBER 9, 1974, • ENTITLED AN ORDINANCE.M ESTABLISH THE PROPER USE OF THE TRASH CONTAINERS OWNED, EMPTIED, AND MAINTAINED BY THE COUNTY OF FREDERICK, VIRGINIA. K. AN ORDINANCE PROHIBITING THE DRIVING OF ANY MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL AND /OR ANY OTHER SELF - ADMINISTERED INTOXICANT OR DRUG WITHIN THE COUNTY.OF FREDERICK, VIRGINIA. L. AN ORDINANCE PROHIBITING THE RECKLESS DRIVING OF ANY MOTOR VEHICLE IN THE COUNTY OF FREDERICK, VIRGINIA. 3. Conditional Use Permits /Trailer Permits 4. Notice to Board of need to set 1975 Regular Meeting dates at December 11, 1974, Regular Meeting 5. Notice of Request from Lord Fairfax Planning District Commission to appoint a member from Frederick County to the Lord Fairfax Planning District Commission Ad Hoc Housing Committee. (Action on this request could be taken at December 11, 1974 Regular Meeting) • Signed and attested this 21st day of November, 1974 , /s/ Raymond C. Sandy Raymond C. Sandy, Chairman Opequon District /s/ J. R. Russell J. Robert Russell, Vice Chairman Gainesboro District /s/ Dennis T. Cole Dennis T. Cole Stonewall District • /s/ Donald R. Hodgson Donald R. Hodgson Shawnee District /s/ Richard F. Madigan Richard F. Madigan Back Creek District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney O. Renalds, III J. O. Renalds, III Clerk of the Board of Supervisors ATTEST: /s/ Ann K. Kelican Ann K. Kelican,- Deputy Clerk of the Board of.Supervisors 1 L The above was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. CANCELLATION OF REGULAR MEETING - NOVEMBER 27, 1974 - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, r BE IT'RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein cancel the regular meeting of the Board of Supervisors sched- uled for November 27, 1974. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J.-Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ORDINANCES - FIRST AND SECOND READING'- •APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That'the Board of Supervisors of the County of Frederick, Virginia does herein approve on first and second reading the following ordinance: is AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO ADD SECTION 2 -1 -22 (g) TO READ: CAMPGROUNDS: TOURIST CAMPS, TRAVEL TRAILER - CAMPS, FAMILY CAMPGROUNDS, CAMPING RESORTS, RECREATION AREAS ON WHICH THREE (3) OR MORE CAMPSITES ARE OCCUPIED OR SEASONAL FACILITIES MAINTAINED DIRECTLY'RELATED TO OUTDOOR RECREA- TION, SUCH AS: CAMPING, LODGING, PICNICING, BOATING, FISHING, SWIMMING, OUTDOOR GAMES AND SPORTS-BUT NOT INCLUDING MECHANICAL AMUSEMENT DEVICES OR PERMANENT MOBILE HOME PARKS. The above resolution was passed by the following recorded vote: Raymond C. . and Richard Madigan, Aye. AN ORDINANCE TO ZONING ORDINANCE ADOPTED NOVEMBER 1, 197 MAGISTERIAL DISTRICT Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia.does herein approve on first and second reading the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 5.0 ACRES, MORE OR LESS, OF DORSET T. RUSSELL, LOCATED ALONG THE SOUTHEAST SIDE OF ROUTE 717 (CALDWELL LANE).JUST SOUTHWEST OF ROUTE 644 (PAPER MILL ROAD); IN BACK CREEK MAGISTERIAL DISTRICT: FROM RESIDENTIAL, LIMITED (R -2) TO INDUSTRIAL, LIMITED (M -1) :Sandy,:.Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE 1T RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve on first and second reading the following ordinance: • AN ORDINANCE TO AMEND THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE (SUBDIVISION ORDINANCE) ADOPTED IEBRUARY 13; 1974, TO AMEND SECTION 4 -13 TO READ: ' BOND: BEFORE ANY SUBDIVISION PLAT WILL BE FINALLY APPROVED AND BEFORE ACCEPTANCE OF DEDICATION FOR PUBLIC USE OF ANY RIGHT -OF -WAY LOCATED WITHIN ANY SUBDIVISION WHICH HAS CONSTRUCTED THEREIN, OR PROPOSED TO BE CONSTRUCTED THEREIN, ANY STREET, CURB, GUTTER, SIDEWALK, DRAINAGE OR SEWERAGE SYSTEM OR OTHER IMPROVEMENT, FINANCED OR TO BE FINANCED, IN WHOLE OR IN PART BY PRIVATE FUNDS, THE OWNER OF DEVELOPER MUST (1)- CERTIFY TO THE GOVERNING BODY THAT THE CONSTRUC- TION COSTS HAVE BEEN PAID TO THE PERSON CONSTRUCTING SUCH FACILITIES, OR (2)- FURNISH -TO THE GOVERNING BODY A CERTIFIED CHECK IN THE AMOUNT OF THE ESTIMATED COSTS OF CONSTRUCTION OR A BOND, WITH SURETY SATISFACTORY TO THE GOVERNING BODY, IN AN AMOUNT SUFFICIENT FOR AND CONDITIONED UPON THE • CONSTRUCTION OF SUCH FACILITIES. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard Madigan, Aye. AN ORDINANCE TO ZONING ORDINANCE ADOPTED NOVEMBER 1, 197 MAGISTERIAL DISTRICT Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia.does herein approve on first and second reading the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 5.0 ACRES, MORE OR LESS, OF DORSET T. RUSSELL, LOCATED ALONG THE SOUTHEAST SIDE OF ROUTE 717 (CALDWELL LANE).JUST SOUTHWEST OF ROUTE 644 (PAPER MILL ROAD); IN BACK CREEK MAGISTERIAL DISTRICT: FROM RESIDENTIAL, LIMITED (R -2) TO INDUSTRIAL, LIMITED (M -1) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. t TO AMEND-.THE FREDERI NANCE ADOPTED Mr. Hodgson stated-that there was a lot of opposition.to this rezoning, and he felt perhaps it should be tabled. Mr. Sandy stated that opposition would be heard on December 11, 1974 at the public hearing. Upon-motion made by Dennis T.-Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick; Virginia does herein approve the following on first and second reading , with the stipulation that Mr...Hodgson.shal•1 have.the -right to table same at the public:•hearing on said ordinance should he see fit.to do-so: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 5.0 ACRES, MORE OR LESS, OF FRANCIS P. LAGES, LOCATED ON THE•SOUTH SIDE OF ROUTE 50 EAST, APPROXIMATELY 7/10 MILES EAST OF INTERSECTION - WITH INTERSTATE 81; IN SHAWNEE MAGISTERIAL DISTRICT; FROM BUSINESS, LIMITED (B -1) TO BUSINESS, GENERAL (B -2)..' The above resolution was passed - by.the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald.R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1977_ TO RF.7nNF. 1_ ArRF.S. MORE OR LESS. OF GULF OIL COMPANY. U.S.. LOCATED IN Upon motion made by Richard F. Madigan 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 ordinance on first and second reading: AN ORDINANCE TO-AMEND THE COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1,..1973, TO REZONE 1.5•ACRES, MORE OR LESS, OF GULF OIL COMPANY, U. S., LOCATED THE EAST SIDE OF ROUTE 11 NORTH, APPROX- IMATELY ONE - FOURTH ('k) MILE NORTH OF WINCHESTER CITY LIMITS; IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -1) TO INDUSTRIAL, GENERAL (M -2). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. TO AMEND THE FREDERICK COUNTY' IRI MILE F ADOPTED NOVEMBER 1 Upon motion made by Dennis T.. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following ordinance on first and second reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE THE PROPERTY FRONTING ROUTE 661 WEST FOR A DISTANCE OF 200 FEET AND A DEPTH OF 200 FEET,.LOCATED ONE -HALF (1) MILE FROM INTERSECTION.WITH ROUTE 11 NORTH; IN STONEWALL MAGISTERIAL DISTRICT; FROM INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3): The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • is • • r AN ORDINANCE TO-AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1977_ TO RF.7.nNF. THE PROPERTY CONSISTING OF 0.834 ACRES MORE OR LESS, LOCATED 103 Upon motion made by Dennis -T. Cole and seconded by Richard F. Madigan, Bk IT RESOLVED, That the Board of Supervisors of the-County of Frederick, ' Virginia does herein approve the following ordinance on first and second reading: AN ORDINANCE TO AMEND THE.FREDERICK COUNTY ZONING - ORDINANCE ADOPTED NO 1, 1973 TO REZONE THE PROPERTY CONSISTING OF 0.834 ACRES, MORE OR LESS, LOCATED SOUTHWEST OF A RIGHT -OF -WAY LEADING TO ROUTE 661 ABOUT 1.5 MILES NORTHEAST OF WINCHESTER, VIRGINIA; IN STONEWALL MAGISTERIAL DISTRICT; FROM INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON MAY 10, 1972, ENTITLED AN ORDINANCE TO REGULATE THE CONSTRUCTION EXPANSION OF CENTRAL WATER AND SEWER SYSTEMS WITHIN THE COUNTY OF FREDERICK, VIRGINIA • Upon motion made by Richard F. Madigan and seconded by J. Robert Russell BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following ordinance on first and second reading; AN ORDINANCE PROHIBITING THE DRIVING OF ANY MOTOR VEHICLE WHILE UNDER THE INFLUEN( AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON MAY 10, 1972, ENTITLED AN ORDINANCE TO REGULATE THE CONSTRUCTION AND EXPANSION OF CENTRAL ' WATER AND SEWER SYSTEMS WITHIN THE COUNTY OF FREDERICK, VIRGINIA. The above resolution.was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE WHICH REPEALS THE SUNDAY CLOSING LAW IN THE COUNTY OF FREDERICK, VIRGINIA Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following ordinance on first and second reading: AN ORDINANCE WHICH REPEALS THE SUNDAY CLOSING LAW IN THE COUNTY OF FREDERICK, VIRGINIA The-above resolution was passed by the following recorded vote: •.Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON OCTOBER 9, 1974, ENTITLED AN ORDINANCE TO ESTABLISH THE PROPER USE OF THE TRASH CONTAINERS OWNED, EMPTIED, AND MAINTAINED BY THE COUNT OF FREDERICK, VIRGINIA Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following ordinance first and second reading: AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON OCTOBER 9, 1974, ENTITLED AN ORDINANCE TO ESTABLISH THE PROPER USE OF THE TRASH CONTAINERS OWNED, EMPTIED, AND MAINTAINED BY THE COUNTY OF FREDERICK, VIRGINIA. • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE PROHIBITING THE DRIVING OF ANY MOTOR VEHICLE WHILE UNDER THE INFLUEN( OF ALCOHOL AND /OR ANY OTHER SELF - ADMINISTERED INTOXICANT OR DRUG WITHIN THE COUNT) OF FREDERICK, VIRGINIA Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,Virg ' does herein approve the following ordinance on first and second reading: AN ORDINANCE PROHIBITING THE DRIVING OF ANY MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL AND /OR ANY OTHER SELF• - ADMINISTERED INTOXICANT OR DRUG WITHIN THE COUNTY OF FREDERICK VIRGINIA The above resolution was passed by following recorded vote: Raymond C.• Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; 1 1/ M and Richard F. Madigan, Aye. AN ORDINANCE PROHIBITING THE-RECKLESS DRIVING OF ANY M OTOR VEHICLE IN THE COUNTY OF FREDERICK, VIRGINIA ' Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, -William W. Virginia does herein approve the following ordinance on first and second reading: AN ORDINANCE PROHIBITING THE RECKLESS DRIVING OF ANY MOTOR VEHICLE Woodrow W. IN THE COUNTY OF FREDERICK, VIRGINIA • The above resolution was passed by the following recorded vote: Raymond C. Tom See - Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • CONDITIONAL USE PERMITS /MOBILE HOME PERMITS - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, , BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following Conditional Use Permits /Mobile Home Permits: 1. Gary Allen Smith - Back Creek District ' 2. -William W. Rose - Gainesboro'District 3. Woodrow W. Carlisle - Shawnee District • 4. Tom See - Shawnee District The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; . and Richard F. Aye. MEETING DATES FOR 1975 TO BE SET AT DECEMBER 11, 1974 MEETING Upon motion made by Richard °F. Madigan and seconded•by Donald R. Hodgson, BE IT RESOLVED, That the Board- of-Supervisors of the County of Frederick, Virginia, does herein direct that the regular meeting dates for this Board for calendar year 1975 to be set at the next regular meeting of this Board to be held on December 11, 1974. . The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; , and Richard F. Madigan, Aye. APPOINTMENT TO LORD FAIRFAX PLANNING DISTRICT COMMISSION AD HOC HOUSING COMMITTEE TO BE CONSIDERED AT DECEMBER 11, 1974 MEETING Upon motion made by'Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept the notice of request from the Lord Fairfax Planning District Commission to appoint a member from Frederick County to the Lord Fairfax • Planning District Commission Ad Hoc Housing Committee,-said appointment to be considered at the December 11, 1974 meeting. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Mr. Sandy stated this meeting has been called at the request of Mr. Koontz to discuss the information received from a study done by the staff and Sanitation , Authority and local input on the proposed water and sewer facility planned by the Sanitation Authority. Mr. Sandy further stated that Mr. Richard Goodling and Mr. Claude Stowers FHA were present to talk with the Board and Authority concerning this project; .. . .. 1L . 105 Ilbefore a final decision is reached. Mr. Koontz stated that what had been three projects at one time had been . combined into one project. He further stated that the Authority had decided to refinance the money that the Authority had borrowed from the Board of Supervisors and use that money to build the plant;.and that the money that would be borrowed from FHA would.be used to put in the other facilities. He further stated that he had a number of calls and letters in support of this project. Mr'. Madigan asked what the debt service would-be on this loan, and Mr. Claude Stowers, the local FHA representative, stated that at 48 interest for forty years • it would be $117,000 per year. Mr. Sandy asked about the problems a might encounter who would be buy a home and going to this'system. Mr. Goodling stated that he felt the $800 fee would not cause that much of a hardship and that he didn't feel it would cause any problems to the prospective buyer. Mr:.Madigan.asked what the projected cost of operation per year would be for r • this project. Mr. Goodling stated that he did not have the figures available to give these costs and that Mr. Hawks who was unable to attend would be better able to answer this question. Mr. Madigan asked what the FHA would a. prohibitive service charge per month. Mr. Goodling stated that had gone from $12 per month upward-since he had been associated with F_EA in the last five years. Mr. Goodling stated it -would depend on what Mr. Hawks would determine what would be prohibitive.for'.this area. Mr. Goodling further stated that the Frederick County area was the cost are in the -state. Mr. Sandy stated that he felt it should be brought out at this time that the reason for the higher cost is due to the'county's volume of construction. Mr. l J Goodling replied this was true as some of the cost had doubled in the last two Mr. Madigan asked what the percentage of total cost of the plant for the facilities would be set aside for maintenance and operation. Mr. Goodling stated that Mr. Hawks would also be better prepared to answer this question as he did not have those figures available. Mr. Cole stated that he felt a lot of the questions being asked were irrelevan He pointed out why he could not vote on this matter in that he owns property in the area..-He further stated that he felt water and sewer was direly needed in the • County.and he hoped the Board voted to proceed with the project. Mr. Koontz stated that Mr. Hawks had gotten the'fees down to an amount that he thought were liveable and that they had worked toward an $8 and $8 structure. Mr.-Madigan asked how many connections were involved in this area and Mr. Koontz replied approximately 560. Mr. Renalds stated that the County had recently received a study that had been done for the State Water Control Board and Potomac Shenandoah River Basin Advisory ' Council by the firm of Camp,.Dresser and + McKee, Inc., one of the nations leading environmental engineers and associates of-Alexander Potter Associates and their projections for the regional project in the year 1979, is at a cost of approxi -. mately $93 or $8 per month per family for sewage treatment. He further stated the 560 connections mentioned before are all residential connections and no commercial, industrial or county hook -ups are considered in this figure. ... - _ __ . U . _. _. - 10.6 Mr. Madigan asked Mr. Koontz what would be the total amount.he would need to complete the entire program ?' Mr. Koontz replied, that things 'continued to go the way they'are now he would estimate the plant would cost $1 million dollars. Mr. Sandy asked Mr. Koontz when they felt they would need the remaining $250,000 as they now have some $750,000 set aside at this time. Mr. Koontz replied, possibly in late-1975, and they hoped to be in full operation in March 1976. Mr. Madigan stated that a letter had been received from Alexander Potter Associates on November 18, 1974,.wherein'they estimate•an:optimistic completion of late 1980 for the regional facility. Mr. Sandy stated that if the regional facility would not be a reality until 1980 or 1982 could see the justification of interim plants; but should the f ity become a reality in a shorter period of time, he felt'i-t would be a bad appro- priation of money. Mr. Madigan stated that he felt there was a dire'need for services in the County and-that the plan to tie into the city 'lines and further consideration'of the regional facility was the most economical and feasible way to go. Mr. Sandy-stated that thought the only reason for 'concern as far as the regional facility is concerned was the-County's ability to finance its part of the project when it is a reality, whether it is six, or eight years down the road'or` longer. Mr. Semples appeared before the Board and stated his group felt the most economical solution to providing these-services to the people was through the County and City working together. There was discussion as to the various problems encountered in the past when the County and City had endeavored to work together on this problem and Mr. Sandy stated that the City had'set forth regulations to stringent for the County of Mr. Cole'stated that one of'the main problems confronting the people of Shenandoah Hills and' Sunnyside when he was running for election was water and sewer, He further stated that the citizens in Shenandoah Hills have sewage on top of the ground and one lady had called him to come see the sewage in her bath tub. Mr. Semples stated that he had spoken to four City Council members concerning the regional plant.and he felt this water and sewer problem could be handled more economically. Mr. Madigan stated that he had spoken to Wendell Seldon and Council members and that he agreed with Mr. Semples in that he felt our problems could be worked out a little more economically. Mr. Koontz stated that after months of meetings and discussions concerning this project the Authority had reached,the conclusion that Frederick County felt-it could take care of its people and their problems. He further stated that working with City of Winchester or any other jurisdiction was fine, but that Frederick County could solve its own problems. Mr. Charles Boyd appeared before the Board and asked if the 560 hook -ups would be mandatory or would they be by choice. Mr. Koontz replied there would be a mandatory clause-but that there-might be some exception as'far as hardship cases were concerned. He further stated that the mandatory connection clause is a requirement of FHA. Mr. Sandy asked Mr. Boyd-if when he sopke at last Wednesdays meeting if he was r • r • • • of 0 speaking on behalf of the Environmental Council or on his own behalf. Mr. Boyd, 107 replied he was 'speaking for himself. Mr. Sandy stated that-he thought Mr. Boyd had waiting to take advantage of it. Mr. Pat McTiernan asked if FHA would consider financing the regional plant and Mr. Goodling stated they would not inasmuch as FHA does not finance regional plants • Mr. Renalds pointed out that the statement which had been made that had the request for funding been properly researched and filed conceivably our regional system could now be in operation was untrue. He further stated that even though we were twentieth on the priority list, this money had been committed and it didn't matter if we were first or twentieth on the list for funding. attacked the Authority somewhat strongly and he felt it was unfair to accuse ther ' sitting at this meeting and on this Authority of inability for something that had 2 can be completed and before any taken place five years ago. - put into a regional plant all infiltration problems must be corrected Mr. Koontz stated that $1 milliori grants'are•very hard to come by and if would be the cut off date for a final Frederick County did not take advantage of it, that others were'standing in line waiting to take advantage of it. Mr. Pat McTiernan asked if FHA would consider financing the regional plant and Mr. Goodling stated they would not inasmuch as FHA does not finance regional plants • Mr. Renalds pointed out that the statement which had been made that had the request for funding been properly researched and filed conceivably our regional system could now be in operation was untrue. He further stated that even though we were twentieth on the priority list, this money had been committed and it didn't matter if we were first or twentieth on the list for funding. and Mr. Goodling replied by the 1st of the year. Mr. Sandy asked about the 8th of January since this was the first board meeting of the year and Mr. Goodling stated he would rather have their decision in December. Mr. Koontz stated money was being spent every day on this project and if the Mr. Koontz stated that in his research and study of the regional project his • understanding was that before step 2 can be completed and before any money will be put into a regional plant all infiltration problems must be corrected from existing • systems. would be the cut off date for a final stated Mr. Sandy asked Mr. Goodling if the ability to secure the grant and loan had decision . been effected by a delay thus far. Mr. Goodling replied that it had not inasmuch as an extension had been moved to February: Mr. Sandy asked Mr. Goodling to give the Board a date on which he would like to have their final decision on this grant and Mr. Goodling replied by the 1st of the year. Mr. Sandy asked about the 8th of January since this was the first board meeting of the year and Mr. Goodling stated he would rather have their decision in December. Mr. Koontz stated money was being spent every day on this project and if the Mr. Madigan asked that Mr. Koontz and the Authority provide him with the cost of maintenance, operation and reserve. Mr. McTierman asked if there would be any-conflict between the EPA grant to the regional authority and the FHA financing for the Sanitation Authority and Mr. • Goodling stated there would not. Mr. Madigan asked Mr. Koontz if when the Sanitation Authority loans are repaid and the Authority comes to the Board with a proposition to finance the entire plant would the Authority ask for a grant. Mr. Koontz replied that the Authority would like to stay in the area of loans from the Board and they would hope that someday the money would be paid back to the Board and the citizens of Frederick County. Mr. Madigan asked Mr. Koontz if the service fees are so high it makes it impossible for the people to afford the connections for this system, then it would be necessary for a larger grant from Frederick County in order to make this feasible Mr. Koontz replied that Mr. Hawks would not commit'FHA for this loan unless he thought the project was feasible. r Mr. Sandy thanked Mr. Goodling for attending the meeting and answering Board was-not going through with this project that a decision should be made now, • so that unnecessary funds would not be spent. He further stated that he felt everything had been said and brought out'that needed be. ' Mr. Sandy that December 11, 1974, would be the cut off date for a final stated decision . Mr. Madigan asked that Mr. Koontz and the Authority provide him with the cost of maintenance, operation and reserve. Mr. McTierman asked if there would be any-conflict between the EPA grant to the regional authority and the FHA financing for the Sanitation Authority and Mr. • Goodling stated there would not. Mr. Madigan asked Mr. Koontz if when the Sanitation Authority loans are repaid and the Authority comes to the Board with a proposition to finance the entire plant would the Authority ask for a grant. Mr. Koontz replied that the Authority would like to stay in the area of loans from the Board and they would hope that someday the money would be paid back to the Board and the citizens of Frederick County. Mr. Madigan asked Mr. Koontz if the service fees are so high it makes it impossible for the people to afford the connections for this system, then it would be necessary for a larger grant from Frederick County in order to make this feasible Mr. Koontz replied that Mr. Hawks would not commit'FHA for this loan unless he thought the project was feasible. r Mr. Sandy thanked Mr. Goodling for attending the meeting and answering w 3 questions for the Board as well as those from people in the audience. UPON,MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF.SUPERVISORS DO NOW ADJOURN: ' SdGtetary Bd. of Supervisors Chai Bd. of up rvisors At a Regular Meeting of the Board of of the County of Frederick, • Virginia, held on the 11th day of December, 1974, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order. SUPPLEMENTAL APPROPRIATION - PURCHASE OF COPY MACHINE FOR CLERK'S OFFICE - APPROVED Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, , BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia,that a supplemental appropriation in the amount of $1,400.00 be hereby approved to budget} • category 19 -004A -405 for the purchase of a copy machine, said amount to be reimburs to the County by the Clerk of the Circuit Court from the Clerk's excess fees not later than December 31, 1976. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye CANCELLATION OF SECOND MEETING DECEMBER 25, 1974 - APPROVED Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, tha due to the fact that the second regular meeting of the Board for December, 1974 • falls on Christmas Day, a legal holiday, the regularly scheduled meeting for the 25th of December, 1974, is hereby cancelled. , The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson,Aye. REGULAR MEETING DATES AND TIMES FOR FREDERICK COUNTY BOARD OF SUPERVISORS - CALENDA YEAR 1975 - ESTABLISHED Upon a motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the Regular Meetings of the Frederick County Board of Supervisors are herein set fo • the 2nd and 4th Wednesday of each month in the Board of Supervisors' Room, 9 Court Square, Winchester, Virginia, or in the Frederick County Court House, and all public hearings will be held at night; and BE IT FURTHER RESOLVED, That the first meeting of every month will begin at 3:00 P. M., adjourn at 5:00 P. M. and reconvene at 7:00 P. M. until completion; the second meeting of each month will begin at 7:00 P. M., however, if the Board concurs ; that the second meeting of each month is not required; the second meeting may be cancelled; and 109 BE IT FURTHER RESOLVED, That the agenda of all Board Meetings shall be adver- tised in the Winchester Evening Star,•a newspaper of general circulation, one time ' prior to the meeting. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye, APPROVAL OF MINUTES Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the minutes of the special meetings of this Board • held on November 6, 1974, and November 19, 1974, as submitted. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye, HIGHWAY DEPARTMENT Mr. Sandy stated that he had contacted the Highway Department regarding re- pairs to Route 608 and requested the County Administrator to check into this matter, APPLICATION FOR WATER AND SEWER.PERMIT - GEORGE B. SAVAGE - APPROVED Mr. George Savage appeared before the Board in support of this water and sewer • application. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the extension of water and sewer lines to the site of the proposed nursing home of George Savage on an interim basis until such time as the Sanitation Authority can provide the services; and BE IT FURTHER RESOLVED, That this Board does make this approval contingent upon the signing of an agreement between the Frederick County Sanitation Authority .and George Savage stipulating that the nursing home will disconnect from the City facilities and connect to the County facilities at such time as the County facil- • ities are made available; and, BE IT FURTHER RESOLVED, That this Board does herein direct that final details on this water and sewer permit be worked out between the Frederick County Sanitatic Authority and the City of Winchester, Virginia. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, 'Aye; and Donald R. Hodgson, Aye PUBLIC HEARINGS ORDINANCES - THIRD AND FINAL READING • AN ORDINANCE TO AMEND THE.FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 197 TO ADD SECTION 2 -1 -22 (g) - THIRD AND FINAL READING - APPROVED Mr. Sandy read the ordinance in full. Mr. Berg stated that this provision would add campgrounds to the A -1 District. There was no opposition to this ordinance. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of County of Frederick, ' Virginia, 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 ADD SECTION 2 -1 -22 (g) TO READ: CAMPGROUNDS: TOURIST CAMPS, TRAVEL TRAILER CAMPS, FAMILY CAMPGROUNDS, CAMPING RESORTS, RECREATION AREAS ON WHICH THREE (3) OR MORE CAMPSITES - ARE OCCUPIED OR SEASONAL FACILITIES MAINTAINED DIRECTLY RELATED TO OUTDOOR RECREATION, SUCH AS: CAMPING, LODGING, PICNICING, BOATING, FISHING, SWIMMING, OUTDOOR GAMES AND SPORTS BUT NOT INCLUDING MECHANICAL AMUSEMENT DEVICES OR PERMANENT MOBILE HOME PARKS. 110 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, -Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye;- and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE (SUBDIVISION ORDINANCE) ADOPTED FEBRUARY 13, 1974, TO - AMEND SECTION 4 -13 - THIRD AND FINAL READING - APPROVED Sandy read the ordinance in full. There was no opposition to this ordinance. Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,. Virginia,- does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE (SUBDIVISION ORDINANCE) ADOPTED FEBRUARY 13, 1974, TO AMEND SECTION 4 -13 TO READ: BOND: BEFORE ANY SUBDIVISION PLAT WILL BE FINALLY APPROVED AND BEFORE ACCEPTANCE OF DEDICATION FOR PUBLIC USE OF ANY RIGHT -OF -WAY LOCATED WITHIN ANY SUBDIVISION WHICH9HAS CONSTRUCTED THEREIN, OR PROPOSED TO BE CONSTRUCTED THEREIN, ANY STREET, CURB, GUTTER, SIDEWALK, DRAINAGE OR SEWERAGE SYSTEM OR OTHER IMPROVEMENT, FINANCED OR TO BE FINANCED IN WHOLE OR IN PART BY PRIVATE FUNDS, THE OWNER OR DEVELOPER MUST M - CERTIFY TO THE GOVERNING BODY THAT THE CONSTRUCTION COSTS HAVE BEEN PAID TO THE PERSON CONSTRUCTING SUCH FACILITIES, OR (2)- FURNISH TO THE GOVERNING BODY A CERTIFIED CHECK IN THE AMOUNT OF THE ESTIMATED COSTS OF CONSTRUCTION OR A BOND, WITH SURETY SATISFACTORY TO THE GOVERNING%BODY, IN AN AMOUNT SUFFICIENT FOR AND.CONDITIONED UPON THE CONSTRUCTION OF SUCH FACILITIES. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; and Richard F. Madigan, Aye. Cole, Aye; Donald R. Hodgson, Aye; AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 5.0 ACRES, MORE OR LESS, OF DORSET T. RUSSELL, LOCATED ALONG THE nw VnT19 (. ROAD); IN BACK CREEK MAGISTERIAL DISTRICT: FROM RESIDENTIAL, LIMITED (R -2) TO INDUSTRIAL, LIMITED (M -1) - THIRD AND FINAL READING - APPROVED Mr. Sandy read the ordinance in full. There was no opposition to'this ordinance. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following ordinance AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 5.0 ACRES, MORE OR LESS, OF DORSET T. RUSSELL, LOCATED ALONG THE SOUTHEAST SIDE OF ROUTE 717 (CALDWELL LAND) JUST SOUTHWEST OF ROUTE 644 (PAPER MILL ROAD); IN BACK CREEK MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -2) TO INDUSTRIAL, LIMITED (M -1). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; and Richard F. Madigan, Aye. Cole, Aye; Donald R. Hodgson, Aye; AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 5..O ACRES, MORE OR LESS, OF FRANCIS P. LAGES, LOCATED ON THE SOUTH Y 7/10 MILES EAST OF INTERSECTION 81; IN SHAWNEE MAGISTERIAL DISTRICT; FROM BUSINESS, LIMITED (B -1) TO BUSINESS, GENERAL (B -2) - TABLED Mr. Sandy read the ordinance in full. Mr. Joseph Schroth appeared before the Board in support of this rezoning • is 1] E application stating that he intends to build a new car garage on this property. 111 Mr. Shirley-Carter appeared before the Board in opposition to this rezoning presented a petition containing•80 signatures of property owners in the area who Il opposed to this rezoning. Mr. Carter then presented a statement.setting forth several objections to this rezoning. He stated that the residents in the area did not want•a business of this nature in such close proximity to their homes. He then presented a group of slides depicting.the operation of various other car dealers in the area wherein several junk cars were shown on the premises. He further stated that the residents in the area felt the B -1 zoning category was more compatible with a residential area than • IIthe B -2 category and therefore requested that this property remain B -1. Mr. Schroth appeared before the Board in rebuttal and stated that his operat would be a very clean one and not like the ones shown in the slide presentation. There was lengthy discussion among the Board members as to whether or not the property - should'remain in-the B -1 category. Mr. Russell'stated that.he felt-that the matter should be referred.back to the ' Planning Commission for further study and recommendation to the Board. Mr. Hodgson stated that he felt a piece of property closer to Winchester and • zoned B -2 would be better suited to this operation. He expressed concern relative to certain operations in the.area at the present time which the Board can not control. Mr. Cole stated that he felt this business would be very similar to Clarke- Chrysler Incorporated which he considers an asset to the community. Mr. Madigan asked Mr. Lages if he had a plan for the entire amount of property he owns in the area and he stated he did not. Mr. Madigan stated that he felt the' people would not be so opposed to this rezoning if they knew what the plans are for the rest of the area. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, • BE IT RESOLVED, That the Board of Supervisors of the-County of Frederick, Virginia does herein table for 30 days the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER.1, 1973, TO REZONE 5.0 ACRES, MORE OR LESS OF FRANCIS P. LAGES, LOCATED ON THE SOUTH SIDE OF ROUTE 50 EAST, APPROXIMATELY 7/10 MILES EAST OF INTERSECTION WITH INTERSTATE 81; IN SHAWNEE MAGIS- TERIAL DISTRICT; FROM BUSINESS, LIMITED (B -1) TO BUSINESS, GENERAL (B -2). The above resolution was-passed by.the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. -Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. . • Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board.of Supervisors of the County of Frederick, Virginia, does herein direct that the rezoning application of Francis P. Lages be sent back to the Planning Commission for further study and recommendation and that a written report be given to the Board regarding the Planning Commissions decision in this matter; and BE IT FURTHER RESOLVED, That the Planning Commission be requested to present a study to the Board on the plans for this area, said study to be presented at the second regular meeting of this Board in January, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. 112 AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORD'INANCE'ADOPTED NOVEMBER 1, 1'97.3 TO REZONE 1.5`ACRES, MORE OR LESS, OF - GULF OIL COMPANY, U-.S., LOCATED ON THE EAST SIDE OF ROUTE 11 NORTH, APPROXIMATELY ONE - FOURTH (k) MILE NORTH OF WINCHESTER CITY LIMITS; IN STONEWALL MAGISTERIAL DISTRICT, FROM RESIDENTIAL LIMITED (R -1) TO INDUSTRIAL, GENERAL (M -2) - APPROVED Mr. Sandy read the ordinance in full:' Mr. Robert Glover, representing John D. Glover and Sons, 'Incorporated appeared before the Board in support of this rezoning application. He stated that the property had originally been zoned for commercial use and when the new zoning ordinance and maps were the zoning was changed'to R -1.' Mr. Sandy then ask if there was any opposition to'this 'ordinance. There was none. Mr. Cole requested that the Planning Commission be asked to correct the zoning on the other properties in the area which are zoned incorrectly. Upon'motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 1.5 ACRES, MORE OR LESS, OF GULF OIL COMPANY, U. S., LOCATED ON THE EAST SIDE OF ROUTE 11 NORTH, APPROX- IMATELY ONE - FOURTH (k) MILE NORTH OF WINCHESTER CITY LIMITS; IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -1) TO INDUSTRIAL, GENERAL (M -2). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND-THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED-NOVEMBER 1, 1973 TO REZONE THE PROPERTY FRONTING ROUTE 661 WEST FOR A DISTANCE OF 200 FEET, LOCATED ONE -HALF (k) MILE FROM INTERSECTION WITH ROUTE 11 NORTH; IN STONEWALL MAGISTERIAL DISTRICT, FROM INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3) - APPROVED Mr. Sandy read the ordinance in full. There was no opposition to this ordinance. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of.the Courity Virginia, does herein approve, on third and final reading, the following ordinance: AN'ORDINANCE AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1;' 1973, TO REZONE THE PROPERTY FRONTING ROUTE 661 WEST FOR A DISTANCE OF 200 FEET AND A DEPTH OF 200 FEET, LOCATED ONE -HALF (k) MILE FROM INTERSECTION WITH ROUTE 11 NORTH; IN STONEWALL MAGISTERIAL DISTRICT; FROM INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3). The above resolution was passed by the following'recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE THE PROPERTY CONSISTING OF 0.834 ACRES MORE OR LESS, LOCATED SOUTHWEST .' OF A RIGHT -OF -WAY LEADING TO ROUTE 661 ABOUT 1.5 MILES NORTHEAST OF WINCHESTER, VIRGINIA;'IN STONEWALL MAGISTERIAL DISTRICT; FROM INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3) - APPROVED Mr. Sandy read the ordinance in full. There was no opposition to this ordinance. Upon-motion made by Dennis T. and seconded J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the'County of Frederick, I is • • • J Virginia 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 REZONE'THE PROPERTY CONSISTING OF 0.834 ACRES, MORE OR LESS, LOCATED SOUTHWEST OF A RIGHT -OF =WAY LEADING TO ROUTE 661 ABOUT 1.5 MILES NORTHEAST OF WINCHESTER, VIRIGINIA; IN STONEWALL MAGISTERIAL DISTRICT: FROM INDUSTRIAL, LIMITED•(M -1) TO RESIDENTIAL, GENERAL (R -3). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE WHICH REPEALS THE SUNDAY CLOSING LAW IN THE COUNTY OF FREDERICK, is VIRGINIA - THIRD AND FINAL READING - APP.ROVED Mr. Sandy read the ordinance in full. There was no opposition. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, 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 WHICH REPEALS THE SUNDAY CLOSING LAW IN THE COUNTY OF FREDERICK, VIRGINIA BE IT ENACTED,-By the County of Frederick, Virginia: Section 1 . In accordance with Section 15.1 -29.5 of the Code of Virginia, 1950, as amended, the qualified voters of the County of- Frederick, Virginia, held a referendum on Tuesday, November 5, 1974, on the question: "Shall the provisions of Section 18.1 -363.1 of the Code of Virginia (commonly known as the Sunday Closing Law) be effective in Frederick County, Virginia ? ". The results of this referendum, as certified by the Electoral Board of Frederick County, Virginia, indicate that such a law is not necessary in,the County of Frederick, Virginia. ments. Mr. Massie stated that Mr.-Armel would have to bring the land up to specifica- tions and comply with the trailer ordinance should he desire to proceed with this mobile home park. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the application of Earl L. Armel for a conditional 113 Section 2 . As a result of the duly held referendum on the subject of the Sunday Closing Law, the Board of Supervisors deem that the provisions of Section 18.1 -363.1 of the Code of Virginia, 1950, as amended,..shall have no force or effect within the County ; of Frederick, Virginia. , Section 3 . Should any section 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 at 12:01 A. M., December 12, 1974. ' The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. THE APPLICATION OF EARL L. ARMEL FOR A CONDITIONAL USE PERMIT TO ESTABLISH A TRAILER PARKIN BACK CREEK MAGISTERIAL DISTRICT ON 3.420-ACRES, MORE OR LESS, LOCATED ON THE NORTHWEST SIDE OF ROUTE 608, ABOUT 0.4 MILES SOUTHWEST OF ROUTE • 50 WEST - APPROVED Mr. Joseph Massie appeared before the Board representing Mr. Armel in this application for a mobile home park permit. Mr. Sandy pointed out the many requirements set forth in the trailer ordinance and asked if Mr. Armel was aware that he would have to comply with these require`= ments. Mr. Massie stated that Mr.-Armel would have to bring the land up to specifica- tions and comply with the trailer ordinance should he desire to proceed with this mobile home park. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the application of Earl L. Armel for a conditional 113 ,114 use permit to establish a trailer park•.in Back Creek Magisterial District on 3.420 acres, more or less, located on the northwest side of. Route 608, about 0.4 miles southwest of Route 50 west. ' The above resolution was - passed by the following vote:- Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Mr. Sandy asked if anyone was present'to address the Board regarding the ordinances set forth as'agenda items #10, 11 and.12. No one appeared before the Board and therefore, these ordinances were set aside, to be acted upon following II action on other agenda items. • J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Braddock Hills Estates, Section 3 - Final Plat - Approved Mr. Berg presented the final plat of Braddock Hills Estates and stated - that the Planning Commission recommends denial of this plat. Mr. Sandy asked why the Planning Commission was recommending denial. Mr. Berg stated that this. subdivision was approved in 1971 and again in 1973 but has never been recorded and therefore, it is considered a new subdivision and it does not meet some of the requirements. He further stated that the lots-are platted with 100' frontage and do not meet the 120' requirement in our current • Subdivision Ordinance and the Planning Commission felt they couldn't approve it. , Mr. Sandy asked if there were any buildings on any of the lots. Mr. Berg stated there were no buildings on any of the lots but a road has been constructed into the subdivision. Mr. Ben Butler appeared before the Board representing the developer of this subdivision stating that it was first approved by the Board of Supervisors on August 9, 1971, but was not subsequently recorded. Mr. Butler-further stated that the plat was resubmitted in July of 1973.before11 • the adoption of the current subdivision ordinance and the developers have been securing approvals and meeting requirements since that time. Mr.-Berg stated that he was concerned about the issuance of building permits inasmuch as the lots do not meet the requirements set forth in the Subdivision Ordinance. Mr. Sandy stated that if.the Board should approve the SUBDIVISIONS also direct Mr. Riley College Park, Section 4 Preliminary Plat.- Approved Upon motion made Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, approve the'final plat of Braddock Hills Virginia, does herein approve the preliminary plat of College Park Subdivision and does further direct Section 4 containing 12 lots, located off of Route 50 east and behind the Holiday ' Inn. The above resolution was passed by the following vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Braddock Hills Estates, Section 3 - Final Plat - Approved Mr. Berg presented the final plat of Braddock Hills Estates and stated - that the Planning Commission recommends denial of this plat. Mr. Sandy asked why the Planning Commission was recommending denial. Mr. Berg stated that this. subdivision was approved in 1971 and again in 1973 but has never been recorded and therefore, it is considered a new subdivision and it does not meet some of the requirements. He further stated that the lots-are platted with 100' frontage and do not meet the 120' requirement in our current • Subdivision Ordinance and the Planning Commission felt they couldn't approve it. , Mr. Sandy asked if there were any buildings on any of the lots. Mr. Berg stated there were no buildings on any of the lots but a road has been constructed into the subdivision. Mr. Ben Butler appeared before the Board representing the developer of this subdivision stating that it was first approved by the Board of Supervisors on August 9, 1971, but was not subsequently recorded. Mr. Butler-further stated that the plat was resubmitted in July of 1973.before11 • the adoption of the current subdivision ordinance and the developers have been securing approvals and meeting requirements since that time. Mr.-Berg stated that he was concerned about the issuance of building permits inasmuch as the lots do not meet the requirements set forth in the Subdivision Ordinance. Mr. Sandy stated that if.the Board should approve the subdivision,.it should also direct Mr. Riley to approve the issuance of building permits for the same. ' Upon motion made by Dennis T. Cole and seconded by J. Robert -Russell, -BE IT RESOLVED, That the Board of Supervisors of the County-of Frederick, Virginia, does herein approve the'final plat of Braddock Hills Estates, Section 3 containing 13 lots in the Gainesboro Magisterial District and does further direct J. William Riley, Zoning Code Administrator, to approve the issuance of building 115 permits for said lots. The above resolution was passed by the following vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. gan, Aye. - Lake Holiday Estates, Section 12 - Final Plat - Approved Mr. Berg presented the final plat of Lake Holiday Estates, Section 12 and stated-that all approvals had been obtained. Mr. Cole asked if a-bond had been posted.and Renalds stated that a • corporate bond had been posted. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the final plat of Lake Holiday Estates, Section 12 containing 267 lots and does accept the corporate bond as presented. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F..Madigan, Aye; I LJ and Dennis T. Cole, Nay; stating that he could not approve this plat inasmuch as bond posted is not a surety bond. SITE PLAN Roller'Skating - Route 7 - Approved Mr. Berg presented the site plan for the proposed roller rink to be con- structed on the property adjacent to Clarke - Chrysler - Plymouth, Incorporated. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the site plan for the proposed roller skating rink to be constructed adjacent to Clarke - Chrysler - Plymouth on Route 7 subject to the final approval of the Health Department. The above resolution was passed by the following recorded vote: Raymond C. • i Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye: • FREDERICK COUNTY SANITATION AUTHORITY REQUEST FOR FUNDING - APPROVED Mr. Sandy stated that the Board would at this time consider the request for funding from the Frederick County Sanitation Authority through Farmers Home Administration. Mr. Raymond C.- Sandy, Chairman of the Frederick County Board of Supervisors, • stated that at a special meeting held on November 21, 1974,%members of the Farmers Home Administration were present to discuss financing of the interim sewage treat- ment plant located in the Red Bud - Abrams Creek drainage area. The Board asked that more definite information be presented on the cost figures, income to be + derived, number of connections, service fees and any factors that might influence the final approval of construction of the plant. 0 Mr. Sandy further stated that he felt that the point should be brought out'tha in the past Farmers Home Administration has had something like a total-of one million dollars a year to operate on and that the normal grant coming from'an organization of this type has been approximately 35 to 40 thousand dollars.. He stated that this is the first time in FHA history, to his knowledge, that they have ever approached a grant to any political subdivision of the magnitude approaching a million dollars. He stated that he feels it is very important that if there-is any 116 way possible this project should be gotten together and made a reality to take advantage of this available money. Mr. Sandy stated he felt that this was a big decision, and that this was something.that probably would never be available again through FHA. Mr. Sandy stated that the question is; does the County pass this opportun nity up.and lose a million dollars because of a few or does the County make this project a reality. Mr. Sandy further stated that he and Mr. Richard.Madigan, Back Creek District Supervisor, had spent quite a few hours on this matter trying to make it work, and Mr. Madigan had gotten together figures to this could be a reality. Mr. Sandy stated that Mr. Madigan had met with members of the Environmental Council earlier in the evening in.order to explain the cost.analysis he had pre- pared. Mr. S. Roger Koontz, Chairman of the Frederick County Sanitation Authority, stated he felt everyone was pulling together in the right direction in trying to make this project a reality, and that he was aware of the figures that Mr. Madigan had compiled and that he, as well as Mr. Wellington Jones, Engineer- Director of the Frederick County Sanitation Authority, and the Sanitation Authority, were in complete agreement that this project should become a reality. At this time, Mr. Madigan explained how he had compiled this cost analysis.; He explained that he had taken into consideration what it would cost the low income bracket family to have water and sewer put into their homes and with this in mind along with a lot of other figures he put together the cost.analysss: which set forth projections for the next forty year analysis: He then briefly reviewed the cost Mr. Dennis T. Cole, Stonewall District Supervisor, stated that he did know how well this plan would hold in the future, but it was a manner in which to get the project off the ground. Mr. J. Robert Russell, Vice - Chairman of the Frederick County Board of Supervisors, asked wnen thisloan would.be paid back to the County and Mr. Madigan stated that this pay back would begin in the year 1985 and the entire loan.would be paid off in the.year 2015. Mr. Madigan stated that he was concerned about the possibility of a big tax increase in Frederick County in the coming years, and he felt this project wou help the County as well as the residents in helping to keep the tax rate down. Mr. Charles Boyd, President of the Frederick County Environmental Council appeared before the Board and stated that he and the Frederick County Environmental Council were opposed to the plans of the Sanitation Authority. He stated that his group was concerned with the recovery rate for an interim system, said recovery being approximately 35 to 658 of materials cost. He asked if the Board had considered the type of rezoning which had taken place in the area of the proposed plant. Mr. Pat McTiernan, a member of the Frederick County Environmental Council, asked how the money for a regional plant could be obtained if the County is indebt ed for 40 .years by .this plan. Mr. Wellington-Jones appeared the Board and stated he felt it • J • • be brought that when are speaking of our share of the regional system, we 1�7 should realize what we are getting for that share; we are getting a treatment plant Mr. Chester Gettys, a County resident from the Stephens City area, appeared before the Board and asked Mr. Jones about the necessity of putting interceptors • l into subdivisions. Mr. Jones stated this would be the responsibility of the contractor to do this. Dr. Muriel Brown, a member of the Frederick County Environmental Council, appeared before the Board and asked if a debt of this magnitude was a worry to anyone at a time when our whole economic system is in such a critical condition. She said that she felt we should wait'until the Environmental Impact study is made I hand this would give us a year to see how the economy stood before making a final decision. • Mr. Sandy, stated he felt that one reason an Environmental Study was asked for by those pushing it most was to kill the project, because it would take to complete such a study and if it did take a year the million dollar grant could be lost. Mr. Sandy further stated if this grant was lost now the people might never have water and sewer because of the motives of a few selfish people. Mr. Gettys again appeared before the Board and stated he questioned this projected program and fhe figures that were used in compiling this report if it was based on future growth. Mr. Charles Boyd questioned Mr. Sandy'about his statement saying that the and major interceptors, but we are not getting collectors that we are putting in ' now to go into subdivision, and if we away with this system -and not build it and for the past 18 months that a wait for the regional system, the County would still have to come back and spend Sandy asked Mr. Boyd if it were the wishes of the complete Environmental this amount plus inflation cost to get into the subdivisions. Mr. Jones further and directors. Mr. Sandy further asked Mr. Boyd if the itsel stated he felt the County would be saving money if this project was approved at this time. he knew of didn't know that a $1 million grant even existed. Mr. Boyd further stated he felt the Board did not keep the people informed and Mr. Chester Gettys, a County resident from the Stephens City area, appeared before the Board and asked Mr. Jones about the necessity of putting interceptors • l into subdivisions. Mr. Jones stated this would be the responsibility of the contractor to do this. Dr. Muriel Brown, a member of the Frederick County Environmental Council, appeared before the Board and asked if a debt of this magnitude was a worry to anyone at a time when our whole economic system is in such a critical condition. She said that she felt we should wait'until the Environmental Impact study is made I hand this would give us a year to see how the economy stood before making a final decision. • Mr. Sandy, stated he felt that one reason an Environmental Study was asked for by those pushing it most was to kill the project, because it would take to complete such a study and if it did take a year the million dollar grant could be lost. Mr. Sandy further stated if this grant was lost now the people might never have water and sewer because of the motives of a few selfish people. Mr. Gettys again appeared before the Board and stated he questioned this projected program and fhe figures that were used in compiling this report if it was based on future growth. Mr. Charles Boyd questioned Mr. Sandy'about his statement saying that the stated if it had not been for the Frederick County Taxpayers Association'a year and a half ago and their feelings against this system that all three of these projects would be in the ground and working now. Environmental Impact Study had been requested by a few citizens with selfish • motives and stated that such a study had been requested a year ago. and that the residents of Shenandoah Hills, Sunnyside and Frederick .Mr. Sandy stated that Boyd had stated for the past 18 months that a request for such a study would be used to halt the project if necessary. He stated if it had not been for the Frederick County Taxpayers Association'a year and a half ago and their feelings against this system that all three of these projects would be in the ground and working now. 1 and were available upon request. He further stated that if. the people of Mr. James Diehl, a member of the Frederick County Sanitation Authority, appeared before the Board and stated he felt the Board had spent a lot of time do • this project and that the residents of Shenandoah Hills, Sunnyside and Frederick Heights were in favor of this project becoming a reality and they too are concerned citizens in dire need of the service to be provided. Mr. Sandy asked Mr. Boyd if it were the wishes of the complete Environmental Council that this impact study be made. Mr. Boyd stated it was a decision made by officers and directors. Mr. Sandy further asked Mr. Boyd if the itsel had been asked if this was what they wanted. He replied some of the members had been polled but not the entire membership. 'Mr. Sandy replied that 'some of members he knew of didn't know that a $1 million grant even existed. Mr. Boyd further stated he felt the Board did not keep the people informed and that the Environmental Council did not have access to-any figures. Mr. Sandy stated that figures had nevek, been denied to the Environmental 1 and were available upon request. He further stated that if. the people of 118; Sunnyside did not receive water and sewer because of the County losing this grant it would be because of Charles-Boyd, the McTiernan Brothers, and a handful of others and not because of -the Environmental Council. ' Mr. Russell asked Mr. Boyd what the membership was in the Environmental Council and Mr. Boyd replied about fifty. Mr. Sandy replied so about 108 of the members know what is going on. Mr. ••McTiernan- stated' that any citizen can request an Environmental impact Study. Mr. Mason Larwood,• a member of the Frederick County Environmental Council, appeared before the Board and stated that the Board of Directors and Officers, in • accordance with the Environmental Council By Laws, were empowered to make such.a decision. Mr.-Russell asked if any of the Evironmental Council members present tonight were having trouble with water and sewer. Mr. Boyd replied, "Do we dare say so if we do ? "' He further stated that some of them did. Mr. Russell asked if they were concerned about it and Mr. Boyd stated , there wasn't any use to be concerned, because he see sewer lines-by his house in the next fifty years. • Mr. Gettys stated he was a member of the Council and he was concerned because the Board wanted to raise his water and sewer rates. Mr. Sandy stated that he could not agree with the $400 fee for water and sewer connection proposed by the Frederick County Sanitation Authority for the first 90 day.period. He stated that he felt for those who could not afford the connection fee, a hardship clause should be drawn up whereby these people would be able -to ' hook up to central water and sewer. Mr. Koontz stated that he felt hardship was a very difficult matter to determine. Mr. Sandy asked Mr. Koontz if a charge would be asked of developers. . Mr. Koontz stated he felt this was a very necessary -thing for this state and • County and was being charged in several counties and towns in the state. He stated that developers-were willing to pay their fair share. , Mr. Sandy asked if the $400 was top dollar to be charged for connections. Mr. Koontz replied it was an opportunity that would be presented to the people for a period of 90 days and then the fee would be $2150 and if they refused, they wouldn't be able to say it had not been offered. He further stated that many peopl could not afford a high connection fee. Mr. Madigan asked Mr. Boyd what his number one objective was, as far as the • Impact Study was concerned. Mr. Boyd stated he was concerned about the rezonings that had been granted and was concerned about the population growth increase that was predicted for.;the Frederick County area in the next few years. ' Mr. Madigan stated'-that the County could not afford to build the extra cell at the plant'until 1982 and asked if-the County could limit the number of connec- tions to a certain number per year. - Mr. J. O. Renalds, III, County Administrator, stated that about the only way , you could control connections is through zoning. He further stated that legally he thought it would be difficult-to stop a citizen from hooking on if the central line was there and if he paid his connection and service fees. Mr. James-Wilson, a County citizen; appeared before the Board -and asked how the Board would prevent a large business from coming into-the area and using all 119 ` the connections set forth for -an entire year. Mr. Koontz stated that business could be controlled and should the business ' require a large number of connections he would have to bear the expense of updating the plant to handle these connections. Mr. Shirley Carter, a County citizen, asked about the requirement of lot size if water and sewer was available; i.e. would you be compelled to hook up regardless of the lot size. Mr. Madigan replied there would have to be some kind of mandatory connection policy in order to make it work. Mr. Sandy stated that he could not go.along with.the $400 fee. • Mr. Madigan stated that there were initial connections of 560 sewer and 430 water. Mr. Koontz stated:there were approximately 132.connections in Sunnyside and that approximately 100 people were in hardship situations. Mr. Sandy stated he didn't think there was a person in Frederick Heights that couldn't afford a $1,000 fee to hook on.to this system. Mr. Sandy asked what the contract price was in Frederick Heights? Mr. Jones 11replied, $675. • Mr. Sandy stated that he felt the connection fee should be $675 across the 11board for 90 days. There followed lengthy discussion to connection fees with the Sani- tation Authority and the Board agreeing to a fee of $675. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, WHEREAS, The Frederick County Sanitation Authority requires local funding in the amount of $1,106,500 to finance the Sewage Treatment Plant-for the Red.Bud - Abrams Creek water and sewer project NOW THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisors- that the Board does hereby authorize the transfer for the Frederick County Sani- tation Authority, the amount of.$250,000, originally designated for the establish- ment of.a.water and sewer.system in the Kernstown area by resolution of.this.Board passed.on February 21, 1973, to be now used in the establishment of the Red Bud - Abrams water sewer system in conjunction with the $500,000 allocated for said project in the resolution of this Board passed on April 12, 1972, for.a total aggregate amount of allocated County funds in the amount of $750,000, the terms.on said money to remain the same as those established in the resolution as cited above and, • BE IT FURTHER RESOLVED, That the Board of Supervisors does hereby authorize loan funds during Fiscal Years 1974 -1975 and 1975 -1976 in the total amount of $1,106,500 to the Frederick County.Sanitation Authority, said amount designated for the Red Bud - Abrams Project; the original loans allocated by Board resolutions of April 12, 1972, and February 21, 1973, to exceed $750,000, shall be paid back to the Frederick County Board of Supervisors on the date of closing of the loan and grant with the-Farmers Home Administration and on that date-the two resolutions i referred to immediately above shall be considered rescinded and null and voidtand the terms of said loan shall also be rescinded. The aforesaid loan funds in the amount of $1,106,500 shall interest at the rate of five per cent (58) simple interest for a term of twenty (20) years beginning January, 1985; and,. BE IT FURTHER RESOLVED, That this Board does direct that all aspects of - financing of the Red Bud - Abrams Project are to be coordinated with the Frederick , ` ,�� s t' M County Board.of Supervisors; Frederick County Sanitation Authority, and .the Farmers Home Administration. The above resolution was passed by the following recorded vote: Raymond C. ' Sandy, Aye; J.'Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye, and Dennis T. Cole; Abstaining because.of a possible conflict of interest. II Mr.-Koontz requested that the Board reject the request of the Environmental Council for an Impact Study so that the loan proceeding with Farmers Home Adminis- tration would not be jeopardized: Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Frederick County Board of Supervisors rejects the • request of the Frederick County Environmental Council, Inc. for an impact study prior to the granting of funds to the Frederick County Sanitation Authority and does hereby request that other State and Federal agencies also reject the request inasmuch as the Board does not forsee any long range environmental damage that woul justify the delay of this project with the possible resultant loss in..approximately $1 million dollars in grant funds plus several millions of dollars of loan funds at ' low interest rates. The above resolution was passed.by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Ayea and Dennis T. Cole, Aye. PUBLIC HEARINGS ORDINANCES - THIRD AND FINAL READING AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON MAY 10, 1972, ENTITLED AN ORDINANCE TO REGULATE.THE CONSTRUCTION AND EXPANSION OF CENTRAL WATER AND SEWER SYSTEMS WITHIN THE COUNTY OF FREDERICK, VIRGINIA - THIRD AND FINAL READING.- APPROVED The ordinance was read in full. There was no opposition. Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of.the County of Frederick, Virginia does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON MAY 10, 1972, ENTITLED AN ORDINANCE TO REGULATE THE CONSTRUCTION AND EXPANSION OF CENTRAL WATER AND SEWER SYSTEMS WITHIN THE COUNTY OF FREDERICK, VIRGINIA. BE IT ORDAINED,-By the County of Frederick:. Section 1 . Section 2 -6 subsection 11 be added to the above referenced ordinance which.requires the following: Individuals, persons, corporations, including municipal corpo- rations, firms, businesses, groups or organizations shall not make a connection to a central water or sewer line without the expressed written consent of the owner. In the event that written consent is given, the connection to the water and sewer line can be made only after the roughing -in, (as defined by the BOCA Basic Plumbing Code, second edition, 1970), plumbing has been inspected and approved by the Frederick County Plumbing Inspector. All individuals,'persons, corporations, including municipal corporations, firms, businesses, groups, and organizations connecting to a central water system, prior to final plumbing inspection, must have backflow prevention equip- ment installed on the water system prior to connection, as specified in the BOCA Basic Plumbing Code, second edition, 1970. Section 2 . Any individual, person, corporation, including municipal corporations,firms, businesses, groups or organizations violating any provision of this ordinance shall be guilty of a misdemeanor and will be punished by a fine of.not less than twenty -five dollars nor more than five hundred dollars and /or by imprisonment in jail for not less than thirty days nor more than six months. In addition, such a party found in violation may be enjoined from further violation of this ordinance. Section 3. .Should any section of this ordinance be declared invalid or nconstitutional, such decision shall not affect the validity or constitutionality of any other section or provision of this ordinance. Section 4 . This ordinance shall in full force and effect at 12:01 A. M. December 12, 1974. • C � J 12.1 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.. AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON OCTOBER-9, 1974, ENTITLED AN ORDINANCE TO ESTABLISH THE PROPER USE OF THE TRASH CONTAINERS OWNED, EMPTIED, AND 1AINTAINED BY THE OF FREDERICK, VIRGINIA —APPROVED The ordinance was read in full. There was no opposition. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors"of the County of-Frederick, • Virginia, does herein approve, on third and final reading, following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON OCTOBER 9, 1974, ENTITLED AN ORDINANCE TO ESTABLISH THE PROPER USE OF THE TRASH CONTAINERS OWNED, EMPTIED, AND MAINTAINED BY THE COUNTY OF FREDERICK, VIRGINIA. BE IT ORDAINED, By the'BOard of Supervisors of the County of Frederick, Virginia, that: Section 1 . Section 8 shall�be added to above referenced ordinance which shall read as follows: ' The trash containers shall be only for the household trash of the residents of Frederick County. Section 2 . Sections 3 and 4 of the above referenced ordinance shall • have the words "association, firm, company, or corporation" deleted from each. Section 3 . Any person,.association, firm, company, or corporation found in violation.of this ordinance shall be fined not greater than one thousand dollars ($1000) and /or imprisoned in the County jail for a period not to exceed thirty days. Section 4 . This ordinance shall be effective and in full force on and after 12:01 A. M. on December 12, 1974. Section 5 . Should any section of this ordinance be decided to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality-of-any other section of this ordinance. The above resolution was passed by the-following recorded vote: Raymond C. Sandy, Aye; J.- Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • and Richard F. Madigan, Aye. AN ORDINANCE PROHIBITING TF.E-DRIVING OF ANY I4OTOR VEHICLE WHILE UNDER THE INFLUENCE ' OF ALCOHOL AND /OR ANY OTHER SELF- ADMINISTERED INTOXICA14T OR DRUG WITHIN THE COUNTY OF FREDERICK, VIRGINIA - THIRD AND FINAL READING - APPROVED The above ordinance was.read in full. There was no opposition. Upon a motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virgnia, does herein approve on third and final reading the following ordinance: AN ORDINANCE PROHIBITING THE DRIVING OF ANY MOTOR VEHICLE WHILE UNDER • THE INFLUENCE OF ALCOHOL AND /OR ANY OTHER SELF - ADMINISTERED INTOXICANT OR DRUG WITHIN THE COUNTY OF FREDERICK, VIRGINIA. BE IT ORDAINED, By the Board of Supervisors of the County of Frederick, Virginia that: Section 1 . Driving automobile, engine, etc., while under the influence of whiskey, drugs, etc. - -- Prohibited. It shall be unlawful for any person to drive or operate any automobile or other motor vehicle, car, truck, engine or train while under the influence of alcohol, brandy, rum, whiskey, gin, wine, beer, lager beer, ale, porter, stout or any other liquid beverage or article containing alcohol or while the influence of any narcotic drug or any other self- administered intoxicant or drug of whatsoever nature. Section 2 . Breath.ananlysis to determine probable alcoholic content of blood. (a) Any person who is suspected of a violation of section 1 shall be entitled, if such equipment be available, to have his breath analyzed to determine the probable alcoholic content of-his blood. Such breath may be.analyzed by any police officer or member of the sheriff's depart ment of the county, in the normal discharge of his duties. (b) The state board of health shall determine.the .proper method. and equipment to be.used in analyzing breath samples taken pursuant to. this section and shall advise the...sheriff's department of the same. (c) Any person who has been stopped by a police officer or member of the sheriff's department of the county and is suspected by such officer to be guilty of a violation of section 1 shall have the right to refuse to permit his breath to be so analyzed, and his failure to permit such analysis shall not be evidence in any prosecution under section 1; provided, however, that nothing in this section shall be construed as _.. limiting in any manner the provisions of section 3.. (d) Whenever the breath sample so taken and analyzed indicates that there is alcohol present in the blood of.the person from whom the breath was taken, the officer may charge such person for.the.violation of section 1. Any person so' charged shall then be subject to the provisions of section 3. (e) The results of such breath analysis,i shall not be admitted into evidence.in any prosecution under section 1, the purpose of this section being'to permit a preliminary analysis.of the alcoholic content of the blood of a person suspected of having violated the provisions of section 1. (f) Police officers or members of the sheriff's department shall, upon stopping any person suspected of having violated the provisions of section 1, advise such person of his rights under the provisions of this section. Section 3. Use of chemical test to determine alcohol blood; proce qualifications and liability of person withdrawing blood; costs; evidence; suspension of license for refusal to submit to . test. (a) As used in this section "license" means any_operator's, chauffeur's or learner's permit or license authorizing the operation of a motor vehicle upon the highways. (b) Any person whether licensed by Virginia or not, who operates a motor-vehicle upon a public highway in this county on and after January 1, 1973, shall be deemed thereby, as a condition of such operation, to have consented to have a.sample of his blood or breath taken,for a.chemical test to'determine the alcoholic content thereof, if such person is arrested for a violation of section 1 within two hours of the alleged offense. Any persori'so arrested shall.elect to have either the breath or blood sample taken,.but not both. It shall not be a.matter of.:defense that either test is not available.,- (c) If a person after being arrested for a.violation of section 1 and after having been advised by the arresting officer that a person who operates a motor vehicle upon a public highway in this state shall be deemed thereby, as a condition of such operation, to. have consented to have a sample of his blood or breath taken for a chemical test to determine the alcoholic content of his blood, and that the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of-this state, then refuses to permit the taking of a sample of his blood or breath for such tests, the arresting officer shall take the person arrested before a committing magistrate and if he does again so refuse after having been advised by such magistrate of the law requiring a blood or breath test to be taken and the penalty for refusal, and so declares again his refusal in writing upon a form provided by the Division of Consolidated Laboratory Services (hereinafter referred to as Division), or refuses or fails-to so declare in writing and such fact is certified as prescribed in paragraph (j.), then no' blood or breath sample shall be taken even though he may thereafter request same.. (d) only a physician, registered professional nurse, graduate labor- atory technician or a technician or nurse designated by order of.a Circuit Court acting upon the recommendation of a licensed physician, using soap and water to cleanse the part of the-body from which the blood is taken and using instruments sterilized by the accepted steam sterilizer or some other sterilizer which will not affect the accuracy of the test, or using chemically clean.sterile disposable syringes, shall withdraw blood for-the purpose of determining the alcoholic content thereof. No civil liability shall attach to any person authorized to withdraw blood as provided-herein as a result of the act of withdrawing blood from.any person submitting thereto; provided, that the blood was withdrawn according to recognized medical procedures; and,•provided further, that the shall not relieve any such person from liability for negligence in the withdrawing of any blood sample. (dl) Portions of the blood sample so withdrawn shall be placed in each of two vials provided by-the Division, which.vials shall be sealed and labeled by the person taking the sample or at his direction, showing on each the name of-the accused, the name of the person .taking the blood sample,. and the date and time the blood sample was taken. The vials shall be placed in two containers provided by the Division, which containers shall be sealed-so as not to allow tampering with.the contents. The arresting or accompanying officer shall take possession of the two containers.holding the vials as soon as the vials are placed in such containers and sealed, and shall transport or mail-one of the vials forthwith to the Division. The officer taking possession of the other container (hereinafter referred to as second container) shall, immediately after taking possession of said second container give to the accused a form provided by the Division which shall set-forth the procedure to.obtain an independent analysis of the blood in the second container, and a list of those laboratories and their is • • • 123 4 O N .Y . . addresses, approved by the Division; such form shall contain a space for the accused or his counsel to direct the officer possessing such second container to forward that container to such approved laboratory for analysis, if desired. The officer having the second container, after delivery of the form referred to ih the preceding sentence (unless at that time directed by the accused in writing on'such form to forward the second container to an approved laboratory of the accused's "choice, in which event the officer shall do so) shall deliver said second con- tainer to the chief police officer of Frederick County, and-the chief police officer who receives the same shall keep it in his possession for' a period of seventy -two hours, during which time the'accused or his counsel may, in writing, on the form provided hereinabove, direct the chief - police officer having possession of the second container to mail it to the laboratory of the accused's choice chosen from the approved list. [As used in this section, the -term "chief - police officer" shall mean the sheriff in Frederick County]. ..(d2) The testing of the contents of the second container shall be • made in the same manner as hereafter set forth concerning the procedure to be followed' - by the Division, and all procedures established herein for transmittal, testing and admission of the result in the trial of the case shall be the same as for the sample sent to the Division. (d3) A fee not to exceed fifteen dollars shall be allowed the approved-laboratory for making the analysis of the second blood sample which fee shall be paid out of'the appropriation for criminal charges. If the person whose blood sample was withdrawn is subsequently convicted for violation-of section the fee charged by the laboratory for testing the blood sample shall be taxed as part of the costs of the criminal case and shall be paid into-the general fund ' of - the county treasury. (d4) If the chief police officer having possession of the second container is not directed as.herein provided to mail it within seventy -two hours after. said container then said officer shall destroy same. • (e) Upon receipt of t;ie blood sample forwarded to the Division for analysis, the Division shall cause it to be examined for alcoholic content and the Director of the Division, or his designated representative, shall execute a certificate which shall indicate the name of the accused, the date, time and by whom the blood sample was received and examined, a statement that the container seal had not been broken or otherwise tampered with, a statement that the "container was one provided by the Division and a statement of the alcoholic content of the sample. The certificate attached to the vial from which the blood sample examined was taken shall be returned to the of the court in which the charge will be heard. The certificate attached to the container forwarded on behalf of the accused shall also be returned to the clerk of the court in which the charge will be heard, and such certificate-shall be admissible in evidence'when attested by the pathologist by the supervisor of the laboratory approved by the Division. (f) When any blood sample taken-in accordance with'the provisions of this section is for analysis to the Division, a report of the results of such analysis. shall be made and filed in that office. Upon proper identification of.the vial into which the blood sample was placed, • the certificate as provided for in this section shall; when duly attested by the Director of the Division, or his designated representative, be admissible any court, in any criminal proceeding, as evidence of the ' facts therein stated and of the results of such analysis ;. (g) Upon the request of the - person whose blood or breath sample was taken for a chemical test to determine the alcoholic-content of his "blood, the results of -such test or tests shall be made available to him. (h) - A fee not exceeding ten dollars shall be allowed the person withdrawing a blood sample in accordance with this section, which fee shall be paid out of the appropriation for criminal charges. If the person whose blood sample -was withdrawn is subsequently convicted for violation of section 1, the amount charged by the person withdrawing the sample shall be - taxed as part-of the'costs of the criminal case and'shall . be paid into the general fund of the county treasury. • (i)- In any trial for a violation of section -l-,- this section shall not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before-the court, and the court shall, regardless of the result of the blood or breath test or tests;-if - any, consider such other relevant evidence -of the condition of the accused as shall be-admis- sible in-evidence. The-failure of an accused to permit a sample of his blood or breath to be taken for a chemical test to determine the alcoholic content of his blood is not evidence and shall not be subject to comment- by the at the trial of the case, except in rebuttal, nor shall the fact that a blood -or breath test had been-offered the accused be evidence or the subject of comment, by the County except in'rebuttal: (j) The form referred to in subsection (c) shall contain a brief statement of the law - requiring the taking'of -a blood or breath sample and the penalty for refusal, a declaration of refusal and lines for the signature of the person from whom the blood or is sought, the date and the signature of a witness to the signing. •If such person refuses or fails to execute such declaration-, the committing justice, clerk or assistant-clerk shall certify such fact, and that the committing justice, clerk or assistant clerk advised the person arrested-that such refusal or failure, if found to be unreasonable, constitutes grounds for the revocation .Y . . $l�R 124 of such person's license to drive., The committing or issuing justice.,.. clerk or assistant clerk shall forthwith issue a warrant charging the person refusing to take the test to determine the alcoholic content of his blood, with violation of this section. The warrant.shall be executed in the same manner as criminal warrants. ' (k) The executed declaration of refusal or the•certificite of the committing justice, as the case may be, shall be attached to the warrant and shall be forwarded by the committing justice, clerk or assistant clerk to the court in which the offense of driving under the influence of intoxicants shall be tried.- (1) When the court receives the declaration.of refusal or certificate referred to in subsection (k) together with the warrant charging the defendant with refusing to submit to having.a sample of his blood taken or breath taken for the determination of the alcoholic content of his blood, the court shall fix a date for the trial of such warrant, at such time as the court shall designate, but subsequent to the defendant's criminal trial for driving under the influence of intoxicants. • (m) The declaration of refusal or certificate under paragraph (k), as the case may be, shall be prima facie evidence that the defendant refused to submit to the taking of a sample of his blood or" breath to deter- mine the alcoholic content of-his blood as provided hereinabove. However, this shall not be deemed to prohibit the defendant.from introducing on his. behalf evidence of the basis for his refusal to submit to the taking of a sample of his blood or breath.to determine the alcoholic content of his blood. The court shall determine the reasonableness.of such refusal. (n) If the court shall find the defendant guilty as' charged in the warrant, the court shall suspend the defendant's license for a period of ninety days for the first offense and for six months for a second or ' subsequent offense or refusal within one year of the first or other such refusals; the time shall be computed as follows: The date of the first offense and the date of the second or subsequent offense; provided that if' the defendant shall plead guilty to a violation of this ordinance, the court • may dismiss warrant. (o) The court shall forward the defendant's license to the commissioner of the division of'.motor. vehicles of Virginia as in other cases of similar nature for suspension of license unless, however, the defendant shall appeal his conviction in which case the court shall return the license to the defendant upon his appeal being perfected. (p) The procedure for appeal and trial shall be the same as provided by law for misdemeanors. (q) No person arrested for a violation of section 1 shall be required to execute in favor of any person or corporation a waiver or release of liability in connection with the withdrawal of blood and as a condition precedent to the withdrawal of blood as provided for herein. (r) The court or jury,trying the case shall determine the innocence. or the guilt of the defendant from all the evidence concerning.his condition at the time of the alleged offense. • (rl) Chemical analysis of a person's breath, to be considered valid under the provisions of this section, shall be performed by an individual possessing a valid license to conduct such tests, with type of equipment , and in accordance with the methods approved by the State Health Commissioner. Such breath - testing equipment shall be tested for its accuracy by the State Health Commissioner's office at least once.: every six months. The State Health Commissioner is directed to establish a training program for all individuals who are to administer the breath tests, of at least forty hours of instruction in the operation of the breath test equip- ment and the administration of such tests. Upon the successful completion of the training program the Commissioner may issue a license to the individual operator indicating that he has completed the course and is authorized to conduct a breath test analysis. Any individual conducting a breath test under the provisions of this • section and as authorized by the State Health Commissioner shall issue a certificate which.will indicate that the test was conducted in accordance with the manufacturer's specifications, the equipment.on which'the breath test was conducted has been tested within the past six months; the name of the accused, the date, the time the sample was taken from the accused, the alcoholic content of the .sample, and by whom the sample was examined. The certificate, as provided for in this section, when duly attested by the authorized individual conducting the breath test, shall be admissible in any court in any criminal proceeding as.evidence of the alcoholic content of the blood of the accused. In no case may -the officer.making the arrest, or anyone with him at the time of the arrest, or anyone participating in the arrest of the accused, make the breath test or analyze the results thereof. (s) The steps herein set forth relating to the taking, handling, ' identification, and disposition of'blood or breath samples are procedural in nature and not substantive. Substantial compliance therewith shall be deemed to be sufficient. Failure to comply with any one or more of such steps or portions thereof, or a variance in the results of the two blood tests shall not of itself be grounds for finding the defendant not guilty, but shall go to the weight of the evidence and shall be considered as set forth above with all the evidence in the case; provided, that the defendant 12 5.. . shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedure or any part thereof, and that as a result his rights were.prejudiced.' ' Section*4 Presumptions from .alcoholib ..In any prosecution for a violation of section 1, the amount of alcohol in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample the accused's'-blood or breath to determine'the alcoholic content of his blood in accordance with the provisions of section 3 shall give rise to the following presumptions: (a) If there was at that time 0.05 per cent or less by weight by volume of alcohol in the accused's blood, it shall be presumed that the accused was not'under the influence of alcoholic intoxicants. (b) If there was at that time in excess of 0.05 per cent but • less than 0.10 per cent by weight by volume of alcohol in the accused's blood, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcoholic intoxicants, but such facts may be considered with other competent evidence in determining the guilt'or innocence of the accused. (c) If there was at that time 0.10 per cent or more by weight by volume of alcohol in the accused's blood, it shall be presumed that the accused was under the' influence of alcoholic intoxicants. Section 5 . Penalty - -- Generally; subsequent offense; prior conviction. Any person violating.any provision of section 1 shall be guilty of a misdemeanor and shall be punished for a first offense by a fine of not less than two hundred dollars nor more than one thousand dollars or by con- finement in jail for not less than month nor more than six months, either or both in the discretion of the jury or the court trying the case • without'a jury. Any person convicted' within- any period of ten years of a second or other subsequent offense under'section 1 of this ordinance or Section 18.1 -54 of the Code of Virginia, (1950), as amended, or the ordinance of any county, city or town in this state or the laws of any other state substantially similar to the provisions of this ordinance, shall be punish- able by a fine of not less than two hundred dollars nor more than one thousand dollars and by confinement injail for not less than one month nor more than one year. For the purposes of this section a conviction or find- ing of not innocent in the case of a juvenile under the provisions of section 1 of this ordinance or section 18.1 -54 or former section 18 -75 of the Code of Virginia, or the ordinance of any county, city or town in this state or the laws of any other state substantially similar to the provisions of sections 18.1 -54 through 18.1 -57 of the Code of Virginia (1950), as amended, shall be-considered a prior conviction. .Section 6.-.-Forfeiture of. right to drive ;.su §pension of sentence. The judgment of conviction or finding of not innocent in the case of a juvenile, or for a first offense under section 1, shall of itself • operate to deprive the person so convicted or found not innocent of the right to drive or operate any such vehicle, conveyance, engine or train in this state for a period not less than six months nor more than one year in ' the discretion of the court from the date of such judgment, and if for a second or other subsequent offense mithin' ten years thereof for a period of three years from the date of the judgment of conviction or finding of not innocent thereof, any such period in either case to run consecutively with any period of suspension for failure to permit a blood sample to be take as required by section 3. If any person has heretofore been convicted or found not innocent of violating any similar act of this state, or any similar ordinance of any city, town or county, and thereafter is convicted or found not innocent of violating the provisions of section 1, such conviction or finding shall, for the purpose of this section and section 5, be a subsequent offense and shall be punished accordingly; and the court may, in its discretion, suspend the sentence during the good behavior of the person convicted or found not innocent. • Section 7 . Driving - after forfeiture of license. If any person so convicted shall, during the time for which he is deprived of his right to do so, drive or operate any such vehicle,.convey- ance, engine or train in this county, he shall be guilty of a misdemeanor and shall be confined in jail not less than ten days nor more than six months and may in addition be fined not exceeding.five hundred dollars. Section 8 . Constitutionality. Should any+ section of this ordinance be decided to be invalid or unconstitutional', such decision shall not affect the validity or constitu- tionality of any other section of this ordinance. Section.9. :Effective date. This ordinance shall be effective and in full force on and after 12:01 A. M. on December 12, 1974. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T.-Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. 1.2 6 AN ORDINANCE.PROHIBITING THE RECKLESS DRIVING OF ANY MOTOR VEHICLE IN THE COUNTY OF FREDERICK, VIRGINIA - THIRD AND.FINAL.READING - APPROVED The ordinance was read in gull. There was no opposition. Mr. Dickson requested that the.last.sentence of.Section I of this ordinance which reads: "It shall be unlawful for any person to be guilty of reckless driving be deleted. The Board agreed to this correction... Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, 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 PROHIBITING..THE RECKLESS DRIVING OF ANY.MOTOR•VEHICLE IN THE COUNTY OF FREDERICK, VIRGINIA BE IT ORDAINED, By the Board of Supervisors of the County of Frederick, Virginia, that: Section 1 . Reckless Driving - -- Generally. Irrespective of the maximum speeds provided by this ordinance any person who drives a vehicle.upon a highway recklessly or at a speed or in.a manner so as to endanger life,.limb or property of any person•shall be guilty of reckless driving; provided, that the driving of a motor vehicle in violation'of any speed limit provision of this ordinance shall not of itself constitute ground.for prosecution for reckless-driving under this section. Section 2 . Specific instances. J I A person shall be-guilty of reckless driving who shall: (a) Drive a vehicle when not under proper control or with inadequate -or improperly adjusted brakes upon any highway of this county. (b) While driving a vehicle, overtake and pass another vehicle proceeding in the same direction, upon-or approaching the crest of a grade or upon or approaching a.curve in the highway, where the driver's view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes -of road- way for each direction of travel or on a designated one -way street or highway. (c) Drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the drivers control over the driving mechanism of the vehicle. (d) Pass or attempt to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one -way streets -or highways. (dl) Drive any motor vehicle, including any motorcycle, so as to be in and parallel to another vehicle in a lane designed for one vehicle, or drive'any motor vehicle, including any motorcycle, so as to travel parallel to any other vehicle traveling in•a lane designed for one vehicle; provided, however, that this subsection shall not apply to any validly authorized parade, motorcade or motorcycle escort. (e) Overtake or pass any other vehicle proceeding in the same direction at any steam, diesel or electric railway grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one -way street or highway, or while pedestrians are passing or about to -pass 'in front of either of'such vehicles, unless permitted so to do by a traffic light or police officers. (f) Fail to stop, when approaching from any direction, a school bus, whether publicly or privately owned, which is stopped on any highway or school driveway for the purpose of taking on or discharging children, and to remain stopped until all children are -clear of the highway or school driveway and the bus is put in motion, except the driver of a vehicle upon a dual highway, -when the roadways are separated by a physical barrier'or barriers or an- unpaved area, need not stop upon approaching a 'school bus which is on a roadway so separated from the'one on which he is driving or an adjoining service road so separated. This subsection shall apply to school buses which are equipped with warning devices prescribed in Section'46.1 -287 of the Code of Virginia (1950), as amended, and are painted yellow with the words "School Bus, Stop, State Law" in black letters at least six inches high on the front and rear thereof. If space is limited on the front, the words "School Bus" may be in letters at least four inches high. This subsection shall also apply to school buses which are equipped with warning devices as prescribed in Section 46.1 -287 of the Code of Virginia (1950), as amended, and which are painted yellow with the words "School Bus" in black letters at least eight inches high on the front. and rear thereof. • I • • • U 122 7 Only school buses as defined in Section 46.1- 1(37)•of the.Code of Virginia (1950), as amended, which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses. II (g) Fail to give adequate and timely signals of intention to turn, partly turn, slow down or stop, as required'by this ordinance or by Virginia State law. (h).' Exceed a reasonable speed under the circumstances and traffic conditions existing at the time regardless of any posted speed limit. (i) Drive a motor vehicle upon the highways of this county at a speed of twenty or more miles per hour in excess of the applicable maximum speed limits- prescribed in Section 46.1 -193 paragraphs (1) (a) (b) (c) (e) of the Code of Virginia (1950), as amended. • I (j) Fail to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching upon such.highway within five hundred feet of such point of entrance, unless a "yield right of way" sign is posted; or where such sign is posted, fail, upon entering such'highway, to yield the right of way to the driver of a vehicle approaching on such highway from either direction; or (k) Drive or operate any automobile or other motor vehicle upon any driveway or premises of a church, or school, or of any recreational facilities or of any business property open to the public or on the premises of any industrial establishment providing parking space for customers, patrons .or employees,.or upon.any highway under construction or not yet open to the public, recklessly or at a 'speed or in a manner so as to endanger the life, limb or property of any person. Section 3 . Racing on.highways. • Any person who shall engage in a race between two or more motor vehicles on the highways of this county or upon any driveway or premises of a church, school, recreational facility or business property open to the public in this county, shall be-guilty of reckless driving, unless authorized by the owner of the property or his agent. When any person shall be convicted of reckless driving under this section, then in addition to any other penalties provided by law, the operator's or chauffeur's license of such person shall be suspended by the court or judge for a period of not less than six months nor more than two years. In case of conviction the court or judge shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of Section 46.1 -425 of the Code of Virginia (1950) as amended. Section 4 . Aiders or abettors. ' Any person, although not engaged "in a race'as defined in section 3, who aids or abets any such race, shall be guilty of a misdemeanor. Section 5 . Penalties. • Every person convicted of reckless driving under sections 1, 2, or 3 shall for the first violation be punished by a fine not exceed- ing three hundred dollars or confinement in jail not exceeding thirty days, or both, in the discretion of the jury or of the court trying the case without a jury. For each second or subsequent conviction for the offense of reckless driving under sections 1, 2, or 3 committed within twelve months before or after the date of another act of reckless driving for which he has been convicted, such person shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in jail for not less than ten days nor more than twelve months, or by both such fine and imprisonment. Section 6 . Disregarding signal to stop by 'police officer. Any person who, having received a visible or audible signal from any police officer to bring his motor vehicle to a stop, shall operate • such motor vehicle in a wilful'or wanton disregard of such signal so as to interfere with or endanger-the operation of the police vehicle or endanger other property or person, or who shall increase his speed and attempt to escape or elude such police officer, shall be guilty of reckless driving, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars or by imprisonment in jail for not less than thirty'days nor more than one year, or by both such fine and imprisonment. _ When any person shall be convicted of reckless driving under this section, then in addition to the penalties provided herein, the'oper- ator's or chauffeur's license of.such person may be suspended by the court or judge for a period not to exceed one year; provided, however, that in any case where the speed of the accused is determined to have exceeded the maximum allowed by fifteen miles per hour where the maximum speed is fifty -five miles per hour or greater, the operator's or chauffeur's license shall be suspended by the court or judge trying the case for. a'period of not less than ninety days. In case of conviction and suspension the court or'judge shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of the Virginia state law. Section 7 . Improper Driving. II Notwithstanding the foregoing provisions of this ordinance, upon the trial of any person charged with a violation thereof where the 128 degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving and impose a fine not to exceed five hundred dollars. Section 8.'Constitutionality. Should any section invalid or unconstitutional, such or constitutionality of any other Section 9 . Effective Date. This ordinance sh, and 12:01 A. M. on December of this ordinance be decided to be decision shall not affect the validity section of this ordinance. all be effective and in full force on 12, 1974. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ORDINANCES - FIRST AND SECOND READING AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 9 -1 -3 - FIRST AND SECOND READING - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on first and second reading,the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING NOVEMBER 1, 1973 TO AMEND SECTION 9 -1 -3. ADOPTED 'The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1 1973 TO AMEND SECTION 10 -1 -16 - FIRST AND SECOND READING- APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on first and second reading, the following AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 10 -1 -16. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1 1973 TO ADD SECTION 10 -1 -37 - FIRST AND SECOND READING - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on first and second reading, the following ordinance AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO ADD SECTION.10 -1 -37. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T.. Cole., -Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PLANNING COMMISSION RECOMMENDATION A recommendation from Frederick County Planning Commission was'read wherein the Planning. Commission requested the Board to draft an ordinance requiring a soils analysis on all rezoning requests. Mr. Berg stated that the Planning Com- mission felt this procedure would provide information as to the present and future c • J \J worth of the property residential use. 129 Upon a motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, THat the Board of Supervisors of the County of Frederick, Virginia, does herein accept the recommendation of the Planning Commission and does direct the Planning Commission to draft an ordinance requiring soil studies to be made on unimproved lots that have failed the percolation tests by reason of poor soil or because the soil has been saturated by a neighboring lot in order to give the Planning Commission and Board of Supervisors a better idea of the present and future worth of the property for residential use. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. COMMITTEE RECOMMENDATIONS COMMITTEE ON LAW ENFORCEMENT AND COURTS RECOMMENDATION FOR REFUND OF GRANT FUNDS TO COMMONWEALTH OF VIRGINIA - APPROVED Mr. Cole stated that this request for refund represents grant funds thatHaveh been used by the Sheriff's Department within the specified time. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize and direct the Treasurer of Frederick County to remit a refund-in the amount of $2,773.33 to the Commonwealth of Virginia, said amount representing the unused balance of grant funds received to update communi- cations equipment in the Sheriff's Department. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye, COMMITTEE ON LAW ENFORCEMENT AND COURTS, FEE OF $5.00 FOR THE ADOPTION OF A DOG FROI THE DOG KENNEL - APPROVED Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that a $5.00 fee be charged for the adoption of a dog from the Frederick County Dog Kennel. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye;.Dennis T. Cole, Aye; and Donald R. Hodgson,Aye. REQUIREMENT THAT ALL FEMALE DOGS ADOPTED FROM THE DOG KENNEL BE SPAYED -- APPROVED Upon-motion made-by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein direct that all female dogs adopted from the Frederick County 1 Dog Kennel be spayed at the expense of the person adopting skid-dog, said spaying fee to be remitted to the Dog Warden and subsequently transmitted by the County of Frederick to the veterinarian designated to perform said services and, BE IT FURTHER RESOLVED, That the Dog Warden shall be authorized to -waive the spaying requirement set forth above should he-deem that a dog is of sufficient quality for breeding purposes. ' The resolution was passed by the following recorded vote: Raymond Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye MODIFIED ALCOHOL SAFETY ACTION PROGRAM - APPROVED Mr. Renalds stated that Judge Simpson has received word from the Commonwealth that no funds will be available during the current fiscal year for funding-the ASAP 130 Program and that Judge Simpson was requesting the City and County to-fund a modi- fied program in the amount of $5,000.00 per jurisdiction. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize Judge David G. Simpson to proceed with the ASAP Program on a modified basis, for the six month period from January 1 - June 30, 1975, with expenditures not to exceed the $5,000 per jurisdiction approved in November, 1974, by the Frederick County Board of Supervisors and the Winchester City Countil. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald..R. Hodgson, Aye SALARY AND EXPENSES - REAL ESTATE APPRAISER - Upon motion made by Dennis-T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the employment of an additonal real estate appraiser, Mr. Joseph T. Samuels, at a salary of $800.00 per month and expenses not to exceed , $400.00 per month. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J..Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. AMENDMENT TO PERSONNEL POLICIES - APPROVED Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Frederick County Board of Supervisors does herein approve the.following amendment to the Personnel Policies adopted January 9, 1974, 31. PHYSICAL EXAMINATIONS FOLLOWING ACCIDENTS It shall be the policy of the County to have all employees examined by a licensed physician immediately following an accident. Such a person must tell the Physician's office or the emergency room personnel that he or she is a Workman's Compensation case. Any personnel absolutely refusing such an examination will be required to sign a waiver relieving the County of all liability. • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ' and Richard F. Madigan, Aye. APPROVAL OF BILLS Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of- Supervisors of -the County of Frederick, Virginia, does herein approve the bills for the month of November, 1974, in the amount of $46,843.02 and does order that the same be paid by Warrants #07988 th3 #08205 and #08207•through #08267. The above resolution was passed by-the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russel, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F..Madigan, Aye. APPROVAL OF PAYROLL Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the payroll for the month of November, 1974 in the amount of $57,797.00 and does order that the same be paid by Warrants #07891 thi #07987. The above resolution was passed by the following recorded vote: Raymond C. E Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; e and Richard F. Madigan, Aye. DOG WARDEN - REPORTS AND CLAIMS - APPROVED Mr. Harold Whitacre appeared before the Board and presented-his montly report and claims for livestock kill.. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the claim of Carroll Rinard for livestock kill of one ewe at an assessed value of $20.00 in the Gainesboro Magisterial District and (does order that said claim be paid. • The above resolution was.:passed by the following recorded vote: Raymond C. (Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. DEPARTMENT HEADS REPORTS - ACCEPTED . The reports of the Department Heads were reviewed and accepted CONSTITUTIONAL OFFICERS REPORTS - ACCEPTED ' The reports of the Constitutional Officers were reviewed and accepted: AUTHORIZATION OF LEASE EXECUTION - APPROVED • Mr. Renalds requested authorization to execute a lease on the Frey Quarry property adjoining Clearbrook Park and currently being used by the Park. Mr. Sandy stated that this is a 99 year lease with a 10 year notice for termi- nation of lease at the rate of $1.00 per year. Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,. Virginia does herein authorize Mr. J. O. Renalds, County Administrator, to execute the lease agreement on of Frederick County for the property owned by Frey Quarry and adjoining Clearbrook Park. The above resolution was passed by the following recorded vote:' Raymond C. • Sandy, Aye; J. Robert Russell,•Aye;.Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan,.Aye. SUPPLEMENTAL APPROPRIATION - ELECTORAL BOARD AND CENTRAL REGISTRAR OF FREDERICK COUNTY - APPROVED Upon a motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board Supervisors of Frederick County, Virginia, tha due to the Commonwealth of Virginia setting the salaries of the Electoral Board and the Central of Frederick County and further requiring that same be • provided with a full time assistant, the salaries of the Electoral Board and Centr Registrar being borne by the Commonwealth of Virginia, the following budget adjust.- ment for the fiscal year ending June'30, 1975, is hereby authorized: General Revenue Fund: (Increase) 05 -635 Reimbursement from Commonwealth General Operating Fund: (Increase) $2,617.00 Total: $2,617.00 x.31; 13A -100 Compensation of Electoral Board $1,567.00 13B -102 Compensation of Central Registrar 1,050.00 13B -109 Compensation of Assistants 3,698.00 ' General Operating Fund: .(Decrease) 13A -112 Compensation of Election'Officials 2,000.00 _ 13A -217 Rent 500.00 13A -218' ?ostage 1,198.00 Total: $2,617.00 x.31; 132 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, _Aye; Dennis T. Cole, Aye.; Donald.R. Hodgson, Aye; and Richard .F. Madigan•, Aye. SUPPLEMENTAL APPROPRIATION - RECREATION FOR JAIL - APPROVED ' Upon motion made by Dennis T. Cole and seconded by.Donald R. Hodgson, BE IT RESOLVED, By the Frederick County Board of Supervisors that the:Board does hereby approve a supplemental appropriation in the amount of $150.00 which has already.been.approved by the Winchester City Council and in accordance with a Law Enforcement Committee recommendation date November 6, 1974. The above resolution was passed.by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. RESOLUTION IN SUPPORT OF SCHOOL BOARD ACTION - APPROVED Upon motion made by Richard F.. Madigan and seconded by J. Robert Russell, BE IT-RESOLVED, By the Frederick County Board.of Supervisors that this Board does support the action of the Frederick County School Board dated December 3, 1974 as follows: "TO.support the superintendent in his discussion with.members of the r • General Assembly in our district in encouraging them to change the section of the. Budget Bill which provides thatinthe second year of. the biennium (1975 -76 fiscal year) reimbursement by the State to local school boards for Social Security shall be limited, for professional instructional staff members, to the employers' cost for a number not exceeding 48 per 1,000 pupils in Average Daily Membership and for their salaries not exceeding an average of.$10,528." The above.resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye;.Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. SUPPLEMENTAL APPROPRIATION - SURVEY WORK PROPOSED PARK PROJECT - APPROVED II • Upon motion made by Richard F. Madigan,and seconded by J. Robert Russell, II , BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that a supplemental appropriation for survey work on the proposed park project east of Stephens City, Virginia, be hereby approved in an amount not to exceed $4,000; said funds to be transferred from reserve for donations in Opequon District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan,Aye; • and Dennis T. Cole, Abstaining. RESOLUTION REQUESTING THE SUPPORT FOR AN IMPOUNDMENT- LIFTING.RESOLUTION TO RESTORE HUD 701 FUNDING TO FULL AMOUNT APPROPRIATED - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, WHEREAS, Frederick County has received numerous benefits from the services of the Commonwealth of Virginia, Division of State Planning and.Community Affairs,. and the Lord Fairfax Planning District Commission funded by HUD 701 planning assistance ' monies; and,. WHEREAS, It is the belief of this Board that proper planning and coordination of local government expenditures can save tax dollars; THEREFORE, BE IT RESOLVED, That the Frederick County Board of Supervisors requests support for an impoundment - lifting resolution to restore 701 funding to 133 the full amount appropriated. The above resolution was passed by the following.recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPOINTMENT OF DOUGLAS WALKER TO THE LORD FAIRFAX PLA14NING DISTRICT COMMISSION-AD HOC HOUSING COMMITTEE - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T.-Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein appoint to the Lord Fairfax Planning District Commission Ad Hoc Housing Committee DOUGLAS WALKER as the representative from Frederick County. The above resolution passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R.'Hodgson, Aye; and Richard F. Madigan, Aye. REQUEST FOR LOAN FUNDS - FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, • BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that a loan in the amount of $79,968.04 is hereby authorized to the Frederick County Sanitation Authority; and, BE IT FURTHER RESOLVED, That said funds are herein-authorized to be expended from budget code 10- 01OH -902B of the General Fund and that this loan is a part of t and not an addition to the approved loans to the Frederick County Sanitation Authority as approved by this Board at a regular meeting held on April 12, 1972, and is subject to the terms so established on that date; and, BE IT FURTHER RESOLVED, That the expenditure breakdown on this loan is as • is follows: $ 244.70 - Labor and electrical material at Sunnyside Pumping Station $ 68.40 - Garland E. Pugh Material for Red Bud Run from C &S Equipment Co. $ 685.00 - Material from the Bilco Co. Red Bud Run $ 34,431.50 - Gilbert W. Clifford Abrams Creek Interceptors $ 11,381.50 - Gilbert W. Clifford Abrams Creek Wastewater Treatment Plant Expansion $ 21,547.93 - Red Bud Run Project #1 $ 11,609.01 - Red Bud Run Project #2 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Abstaining. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. II See etary Bd. of Supervisors At a Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the 8th day of January, 1975, in the Board of Supervisors Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order and then relinquished his chair to the County Administrator for the election of a Chairman and Vice Chairman for 13 calendar year 1975. on this committee. Upon motion made ELECTION OF CHAIRMAN - 1975 BE IT RESOLVED, Richard F. Madigan placed the name of Raymond C. Sandy in nomination for , Frederick, Chairman of the Frederick County Board of Supervisors for calendar year 1975, Virginia, does herein 'strike "County Planner" from There were no.other nominations. Development • J. Robert Russell moved that nominations be closed, and this motion was passed by the following recorded vote: Richard F. Madigan, Aye; J. Robert Russell, Aye; Donald R.. Hodgson, Aye; Raymond C. Sandy, Abstaining; and Dennis T. Cole, Nay. Upon motion made by Richard F. Madigan and.seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein elect by acclamation Raymond C. Sandy to serve as Chairman of this Board for the calendar year 1975. The above resolution was passed by the following recorded vote: J. Robert Russell,.Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Nay; and Raymond C. Sandy, Abstaining. ELECTION OF VICE CHAIRMAN ' Dennis T. Cole placed the name of J. Robert Russell in nomination for the Vice Chairmanship of the Frederick County Board of Supervisors for calendar year • 1975. There were no other nominations. Donald R. Hodgson moved that nominations be closed. This motion was seconded by Richard F. Madigan and passed unanimously. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein elect by acclamation J, Robert Russell to serve as Vice Chairman of this Board for the calendar year 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R.'Hodgson, Aye; Richard F. Madigan, Aye; and J. Robert Russell, Abstaining. • COMMITTEE APPOINTMENTS TO REMAIN UNCHANGED The Board reviewed the standing committees and Mr. Renalds advised that the , "County Planner" should be stricken from the Planning and Development Committee inasmuch as this is the same position as the Director of Planning also set forth on this committee. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein 'strike "County Planner" from the Planning and Development • Committee inasmuch as this is the same position as the Director of Planning also set forth on this committee, and does approve the committee listings as submitted with this one change. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye. AN ORDINANCE TO AMEND AN ORDINANCE PASSED MARCH 8, 1971 TO REGULATE THE LOCATION, II ' CONSTRUCTION, AND OPERATION OF TRAILER CAMPS IN FREDERICK COUNTY, VIRGINIA TO - - - - -- -- - -- --- - r __,- .. _.. _..-- O Mr.. Cole stated that the requirement for the mobile home license fee was to be considered at the end of the calendar year. He further stated that he did not feel that anyone should be asked to display a sticker on their living room window as mobile home owners are required to do in order to show they had purchased the 135- required license, and that he would request at this time that this license fee be repealed. There was lengthy discussion concerning the method of taxation for mobile homes and the amount of revenue received from the license fee. Upon motion made by Dennis T. Cole and seconded by J..RObert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, , does herein approve on first and second reading the following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED MARCH 1971 TO REGULATE THE LOCATION, CONSTRUCTION, AND OPERATION OF TRAILER CAMPS IN FREDERICK COUNTY, VIRGINIA TO REPEAL SECTION 2 -6, AND DIVISION 3 • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan,.Aye and Dennis T. Cole, Aye. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does hereby instruct Esten-Rudolph, Commissioner of Revenue, to collect • no further payments for mobile home stickers as of this date. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Upon motion made by Dennis T. Cole and seconded-by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors.of the County of Frederick, Virginia, does herein direct that refunds be made to all persons who have purchased their 1975 mobile home sticker in the amount of $15.00 inasmuch as it is-the intention of this Board to amend the Frederick County Mobile Home Ordinance to re- peal the sections wherein this fee is required. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; E and Richard F. Madigan, Aye. HIGHWAY DEPARTMENT REPORT Mr. John Chiles and Mr. R. C. King appeared before the Board and presented the report from the Highway Department. OF THE HIGHWAY INDUSTRIAL ACCESS ROAD PROJECT I - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the abandonment of the Highway Industrial access road • project proposed to be constructed on Route 688 and does direct that the funds reserved for'this project be redeposited into-the industrial access fund. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. RELOCATION OF BRIDGE ON ROUTE 681 - APPROVED i Upon motion made by'J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of•the County-of Frederick, Virginia, does herein give tentative approval to the Virginia Department of Highways for the proposed relocation of a bridge on-Route 581 and the necessary right -of -way abandonment for said project. 11 The above resolution was passed by the following recorded vote: Raymond C. - - ° ➢.. .... -- Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye;. Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ADDITION OF SUBDIVISION ROAD Mr. King appeared before the Board and stated that a resolution had been adopted on September 25, 1974, requesting the addition of several streets in Darlington Subdivision into Secondary System, and to date there had been no respon: from Mr. Darlington. He requested the Board to contact Mr. Darlington to see what he desires to be done in this matter. Dennis T. Cole stated that he would contact Mr. Darlington to see what his intentions are. ABANDONMENT OF A PORTION OF WEST OF THE WEST CO'. O1 MILES - APPROVED Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, WHEREAS, Route 50, from 0.444 miles west of the intersection of Route 259 to 10.434 miles west of the West Corporate Limits of Winchester (East of Gore) a distance of 2.201 miles, has been altered, and a new road has been constructed and approved by the State Highway and Transportation Commissioner, which new road serves the same citizens as the road so altered and, WHEREAS, Certain sections of this new road follow new locations,.these being shown on the attached sketch titled, "Changes in Primary and Secondary Systems due to Relocation and.Construction on Route 50, Project 0050- 034 -104, C -501 dated at Richmond, Virginia October 30, 1974." NOW, THEREFORE, BE IT RESOLVED: That the portions of the old location of Route 50, i.e., Sections 5 and 6 shown in red on the sketch titled, "Changes in Primary and Secondary Systems due to Relocation and Construction on Route 50, Project 0050- 034 -104, C -501 dated at Richmond, Virginia October 30, 1974" a total distance of .34 miles be, and hereby is, added to the Secondary System of State Highways, pursuant to Section 33.1 -229 of the Code of Virginia of 1950 as amended. And further, that the sections of old location, i.e., Sections 1,2,3,4, and 7 shown in blue on the afore - mentioned sketch, a total distance of .48 miles, be abandoned as a public road, pursuant to Section 33.1 -148 of the Code of Virginia of 1950 as amended. And further, that the connections to the new location, i.e., Section 8, 9, an 10 shown in brown on the afore - mentioned sketch a total distance of .44 miles, be, and hereby is, added to the Secondary System of State Highways, pursuant to Sectie 33.1 -229 of the Code of Virginia of 1950 as amended. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, and Dennis T. Cole, Aye. ANNUAL ROAD HEARING DATE SET Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors does herein direct that the Annual Road Hearing be held on'the 2nd meeting_.. in March at 7:30 P. M. in the Court House. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye. RESOLUTI NG THE HIGHWAY DEF PROPERTY - APPROVE I PROCEED.WITH THE F ACCESS Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT-RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the construction of an industrial access road to the Unisil Corporation Plant in Gore, Virginia, with the stipulation that secondary road funds may be used for the acquisition of the right -of -way for this road shoul� other means of acquiring this right-of-way The above resolution was passed by the following recorded vote: Raymond C. r 1J E lJ • Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, 13 and Dennis T. Cole voted Nay stating that he felt this might set a precedent for the construction of other industrial access roads. I II RESOLUTION REQUESTING HIGHWAY DEPARTMENT TO SUBDIVISION INTO THE SECONDARY ROAD SYSTEM - Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request-the Virginia Department of Highways to accept into Il the Secondary Road System the following roads in Wakeland Manor Subdivision in Opequon Magisterial District, pursuant to the provisions set forth in Section • 133.1 -229 of the Code of Virginia, 1950, as amended: Wakeland Drive from Route 642 to Craig Drive, a distance of .17 mile Laurel Drive from Oak Ridge Road to Wakeland Drive, a distance of .2 mile Lane Street from Laurel Drive to Craig Drive, a distance.of .17 mile Craig Drive from Wakeland Drive to Lane Street, a distance of .07 mile 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: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • and Richard F. Madigan, Aye. SUPPLEMENTAL APPROPRIATION TO THE WINCHESTER- FREDERICK.COUNTY DRUG ABUSE COMMITTEE- Mr. Robert Rhodes Acting Director of the Winchester - Frederick County Drug Abuse Clinic appeared before the Board requesting a supplemental appropriation for funding for the center through June 30', 1975. He described briefly the operation of the center'and the service it was providing the community. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, SUPPLEMENTAL APPROPRIATION TO THE WINCHESTER- FREDERICK COUNTY HEALTH DEPARTMENT - APPROVED , Dr. William Hatfield, Director of the Winchester - Frederick County Health Department appeared before the Board and requested that the Health Department be • allowed to use the revenue produced through rendered by the Health Depart- ment for the purchase of equipment and supplies. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, r. BE IT RESOLVED, That•the Board of Supervisors of the County of Frederick, Virginia, does herein approve a supplemental appropriation in the amount of $969.99 to the Winchester- Frederick County Health Department for the purchase of equipment and supplies, said amount to be drawn from funds refunded to Frederick County from ' the State in the amount of $982.09. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye li and Dennis-T. Cole, Aye. SUBDIVISIONS BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a supplemental appropriation in the amount of • $3,187.50 to the Winchester- Frederick County Drug Abuse-Committee for funding for the operation of the Drug Abuse Center through June 30, 1975. The above resolution was passed by the following recorded vote: Raymond C.... Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. - SUPPLEMENTAL APPROPRIATION TO THE WINCHESTER- FREDERICK COUNTY HEALTH DEPARTMENT - APPROVED , Dr. William Hatfield, Director of the Winchester - Frederick County Health Department appeared before the Board and requested that the Health Department be • allowed to use the revenue produced through rendered by the Health Depart- ment for the purchase of equipment and supplies. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, r. BE IT RESOLVED, That•the Board of Supervisors of the County of Frederick, Virginia, does herein approve a supplemental appropriation in the amount of $969.99 to the Winchester- Frederick County Health Department for the purchase of equipment and supplies, said amount to be drawn from funds refunded to Frederick County from ' the State in the amount of $982.09. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye li and Dennis-T. Cole, Aye. SUBDIVISIONS WwoXer LIMA J HOLIDAY ESTATES - SECTION 9 (THE SUMMIT) FINAL PLAT - APPROVED Mr. Ron Berg presented the final plat of Lake Holiday Estates Section .9 con - ng 147 lots, with central water and sewer and stated that this plat has , ved approval from the Highway and Engineering Department. Mr. Cole stated that he would like to ask the Board again at this time if they elt secure with the corporate bond that had been given for this plat. Mr. Madigan replied that,he was satisfied with the corporate bond. Mr. Renalds stated that the staff had calculated the corporate bond to be much er than the one presented by Lake Holiday. He requested that the pertinent data calculating such bonds be given to the staff in advance in order to allow • uate time for such calculations. Mr. Harold Moss appeared before the Board and stated that.Lake Holiday would be nappy to work with the staff in this regard and.would also cooperate with the staff Eor the modifiction of the bond presented on Section 9. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, , Jirginia, does herein approve the final plat of Lake Holiday Estates, Section 9 (The Summit) containing 147 lots with central water and sewer, located in Back Creek • 4acisterial District. The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; Dennis T. Cole, Nay. SUBDIVISION - AT - APPROVED Mr. Ben Butler appeared before the Board representing Leon Zeiger and stated the lots. in this subdivision would have individual water and sewer systems and approval has been obtained from the Health Department and the Highway Depart- Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia, does herein approve the final plat of Zeiger Subdivision, Section 4, , ontaining 6 lots fronting on Route 616 in Back Creek Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. andy, Aye; Dennis T. Cole, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye. EBERT REQUEST THAT STEPS BE TAKEN TO ENFORCE SUBDIVISION ORDINANCE - REFERRED Mr. Lee Ebert appeared before the Board on behalf of the surveyors of this area requested that the Board take some sort of action to provide better enforcement f the Division of Land or Subdivision Ordinance that wasr passed. Mr. Ebert further stated that too many deeds are going on record every day, itten with incorrect and unclear boundary description and that they felt some chinery should be set up to enforce this ordinance to correct this situation. After -much discussion it was decided to refer this to the Commonwealth , torney and the.Department•of Planning and Development for study and recommendation the Board. CLAIMS Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, 139 Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye and Dennis T. Cole, Aye FIVE DOLLAR RECLAMATION FEE AT FREDERICK COUNTY DOG KENNEL - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the - County of Frederick, • Virginia, does herein direct that a fee of $5.00 be charged for the reclamation of any dog from the Frederick County Dog Kennel. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye. APPROVAL OF BILLS Mr. Cole questioned the bill on page 1 in the amount of $1,835.00•payable to James D. Bell & Associates, Inc., in that it was charged to Planning and Develbpm( • rather than to Parks and Recreation. Mr. Boyd explained why this bill had been paid in this way stating that there was an adequate amount in the Planning & Development Budget set *forth for studies while the Parks and Recreation Budget did not have an adequate amount set forth in this category. Upon motion made by Richard F. Madigan and seconded'by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the bills for the month of December, 1975 in the amount of $81,075.63 #08367 - #08503 & 1 0 08505 - #08556. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Nay. ' APPROVAL OF PAYROLL Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the Payroll for the month of December, 1975, in the amount of $59,561.29 paid by Warrant #08268 - #08366. Virginia, does herein approve the following livestock claims: passed by the following recorded vote: Raymond C. • 1: George Travers - Stonewall District - 8 shoats - at $20.00 ea. _ $160.00 2. Carroll Rinard - Gainesboro District - 2 ewes - at $20.00 ea. _ $ 40.00 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye and Dennis T. Cole, Aye FIVE DOLLAR RECLAMATION FEE AT FREDERICK COUNTY DOG KENNEL - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the - County of Frederick, • Virginia, does herein direct that a fee of $5.00 be charged for the reclamation of any dog from the Frederick County Dog Kennel. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye. APPROVAL OF BILLS Mr. Cole questioned the bill on page 1 in the amount of $1,835.00•payable to James D. Bell & Associates, Inc., in that it was charged to Planning and Develbpm( • rather than to Parks and Recreation. Mr. Boyd explained why this bill had been paid in this way stating that there was an adequate amount in the Planning & Development Budget set *forth for studies while the Parks and Recreation Budget did not have an adequate amount set forth in this category. Upon motion made by Richard F. Madigan and seconded'by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the bills for the month of December, 1975 in the amount of $81,075.63 #08367 - #08503 & 1 0 08505 - #08556. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Nay. ' APPROVAL OF PAYROLL Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the Payroll for the month of December, 1975, in the amount of $59,561.29 paid by Warrant #08268 - #08366. CONSTITUTIONAL OFFICERS REPORTS After review by the Board the Constitutional Officers Reports were accepted. MONTHLY STAFF REPORT After review by -the Board the Monthly Staff Report was accepted. ORDINANCES - FIRST AND SECOND READING ' AN - ORDINANCE - TO - AMEND ^ THE FREDERICK - COUNTY ZONING — TO REZONE 837 ACRES MORE OR LESS, OF LAKE HOLIDAY ESTATES, INC. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve on First and Second reading the following ordinance: The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye. CONSTITUTIONAL OFFICERS REPORTS After review by the Board the Constitutional Officers Reports were accepted. MONTHLY STAFF REPORT After review by -the Board the Monthly Staff Report was accepted. ORDINANCES - FIRST AND SECOND READING ' AN - ORDINANCE - TO - AMEND ^ THE FREDERICK - COUNTY ZONING — TO REZONE 837 ACRES MORE OR LESS, OF LAKE HOLIDAY ESTATES, INC. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve on First and Second reading the following ordinance: 1 AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 837 ACRES, MORE OR -LESS, OF LAKE HOLIDAY ESTATE, INC., FRONTING ON THE WEST SIDE OF ROUTE 703 AND BOUNDED BY THE WEST VIRGINIA LINE, IN GAINESBORO MAGISTERIAL DISTRICT: FROM AGRICULTURAL, LIMITED (A -1) TO RESIDENTIAL RECREATIONAL COMMUNITY (R -5) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 10 -1 -18 - FIRST & SECOND READING APPROVED Upon motion made by Richard F.' Madigan and seconded by Dennis T Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, does herein approve on First and Second reading the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 10 -1 -18 TO READ: MOTOR VEHICLES SALES AND /OR SERVICE: A BUILDING OR SPACE USED FOR COMMERCIAL PURPOSE AND USED FOR SALES, HIRE, STORAGE OR REPAIR OF MOTOR VEHICLES, BUT SHALL NOT INCLUDE STORAGE OF DISMANTLED OR WRECKED VEHICLES OR A SERVICE STATION. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and .Dennis .T Aye. :. AN ORDINANCE TO AMEND THE FREDERICK COUNTY 1973 TO AMEND SECTION 12 -1 -2 -FIRST AND SE Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve on First and Second reading the following ordinance: AN ORDINANCE TO -AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 12 -1 -2 TO READ: • • AUTOMOBILE ASSEMBLING, PAINTING, UPHOLSTERING, REPAIRING, REBUILDING, RECONDITIONING, BODY AND FENDER WORK, PUBLIC GARAGE, TRUCK REPAIRING, OR OVERHAULING, TIRE RETREADING OR TIRE RECAPPING. The above resolution was. passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; Dennis T. Cole, Aye. , and AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 23 -30 - FIRST AND SECOND READING APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve on First and Second reading the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 23 -30 TO READ: GARAGE, PUBLIC: A BUILDING OR PORTION THEREOF, OTHER THAN A PRIVATE GARAGE, DESIGNED OR USED FOR SERVICING, REPAIRING OR EQUIPPING OF MOTOR- DRIVEN VEHICLES: BUT NOT INCLUDING SERVICE STATIONS OR AUTO SALES AND /OR SERVICE. The above resolution was passed by - the following recorded vote- Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye and Dennis T. Cole, Aye. RECESS Upon motion made by Dennis T. Cole and seconded by J. Robert Russell and unanimously the Board recessed at 5:05 P. M. for dinner. At 7:00 P. M., the Chairman reconvened the meeting. • -141 MOBILE HOME PERMITS - EATON, NEFF, HOLLIDAY AND RUDDY - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following Mobil Home Permits: 1. Leva Eaton - Back Creek Magisterial District 2. Alfred C. Neff - Back Creek Magisterial District 3. Tex Holliday - Back Creek Magisterial District 4. James P. Ruddy - Gainesboro Magisterial District The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye; • and Dennis T. Cole, Aye. FINANCE COMMITTEE RECOMMENDATIONS BUDGET ADJUSTMENT FOR PURCHASE OF PARK PROPERTY - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that the following adjustment to the 1974 -75 budget is hereby authorized: Increase Revenue Estimate - General Revenue Fund: 05 -6710 Other Revenue from the Commonwealth $228,750 Increase General Fund'Appropriation • 19- 018E -600 Purchase of land 305,000 BE IT RESOLVED, That the remaining local funds in the amount of $76,250 shall be made available as follows: Funds in reserve Opequon District 30,690 Unappropriated Funds 45,560 The above resolution was passed by.the following recorded vote: Richard F. Madigan, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Nay; and Raymond C. Sandy, Abstaining. AUTHORIZATION GIVEN TO TREASURER OF FREDERICK COUNTY TO ISSUE CHECK FOR PURCHASE OF PARK PROPERTY IN STEPHENS CITY • Mr. Cole asked Mr. Madigan if a check in the amount of $400,000 was being sent to the State before the County received their share of the State funds. Mr. . ' Madigan replied that this was correct and upon the State's receipt of the County's check, the County would be reimbursed for their share of the funding. Mr. Bob Fletcher stated that the State required the County to pay the full amount and that in sixty days from payment the State would reimburse the County. Mr. Cole stated that he felt this was a big gamble on the part of the County. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize the Treasurer of Frederick County and the County Administrator to issue a check for an amount not to exceed $400,000, of which 1 $100,000 shall be the County's share of the purchase price of the park property in Stephens City, said check to be made payable to Charles Dermont Whitacre and the Sandy Estates. The above resolution was passed by the following recorded vote: J. Robert ' Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Nay; and Raymond C. Sandy, Abstaining. PROCEDURE FOR TRANSFER OF COUNTY AUTOMOBILE STICKERS - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Frederick County Board of Supervisors that prior to of Frederick County.automobile stickers that the individual requesting the 142 - transfer be required to present to the Frederick County Treasurer the remains of the sticker removed from the automobile as well as the original application form for issuance of the original license sticker. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PROCEDURE FOR LOANS FROM THE FREDERICK COUNTY BOARD OF SUPERVISORS - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By the of Supervisors of the County of Frederick, Virginia, that the following policy be adhered to: Before any loans from the Frederick County Board of Supervisors are consummated, feasibility studies and cash flow projections-will be submitted to the Finance Committee for'review and recommendation to the Frederick County Board of Supervisors. ..The above resolution was passed by : the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. TAX REFUNDS - WAHLER, LAYTON AND RIDDLE - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following refunds, as recommended by the Com- missioner of Revenue, for taxes erroneously paid: 1. Mr. and Mrs. James Wahler - $5.00 2. Mr. James A. Layton - $10.18 3. Mr. and Mrs. Clyde E. Riddle - $19.20 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye. COMMITTEE RECOMMENDATIONS REPAIRS TO SIDEWALKS - STORM DRAINS - COURTHOUSE RESTROOM RENOVATION - APPROVED Upon motion made by Donald R. Hodgson, and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept the bid of S & S Construction Company in the amount of $3,255.00 for sidewalks and storm drain construction between the Courthouse and the County Administration Building, and the bid of The Floor Shop in the amount of $1,481.00 for Courthouse restroom renovation. The above resolution was passed by the following recorded vote: Raymond C. andy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Ayef.. Donald R. Hodgson, Aye; nd Richard F. Madigan, Aye. C ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 AMEND SECTION 9 -1 -3 - THIRD AND FINAL READING - APPROVED Mr. Sandy read the ordinance in full. There was no opposition. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does in approve the following ordinance on Third and Final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 9 -1 -3 TO READ: r • • • SERVICE STATION: ANY PREMISES USED FOR SUPPLYING GASOLINE, OIL TIRES, ACCESSORIES AND SERVICES FOR AUT014OBILES AT RETAIL DIRECT 143 TO THE MOTORIST CONSUMER, INCLUDING SUCH SERVICE AS LUBRICATION, WASHING AND MINOR REPAIRS (ENCLOSED WITHIN THE PREMISES) AND SUCH INCIDENTAL SERVICES AS ROAD SERVICE, SUPPLYING ROAD MAPS AND INFORMATIONAL SERVICE AND FOOD VENDING MACHINES, BUT NOT INCLUDING SUCH MAJOR REPAIRS AS: A. SPRAY PAINTING: B. BODY, FENDER, CLUTCH, TRANSMISSION, DIFFERENTIAL, AXLE, SPRING, AND FRAME REPAIRS; C. MAJOR OVERHAULING OF ENGINES REQUIRING REMOVAL THEREFROM OF CYLINDER -HEAD OR CRANKCASE PAN; D. REPAIRS OF RADIATORS REQUIRING REMOVAL THEREOF; E. RECAPPING OR RETREADING OF TIRES: F. OR STORAGE OF WRECKED OR DISABLED VEHICLES. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 197 AI4END SECTION 10 -1 -16 - THIRD AND FINAL READING - APPROVED Mr. Sandy read the ordinance in full There was no opposition. Upon motion made Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve on Third and Final reading the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 10 -1 -16 TO READ: • SERVICE STATION: ANY PREMISES USED FOR SUPPLYING GASOLINE, OIL, TIRES, ACCESSORIES AND SERVICES FOR AUTOMOBILES AT RETAIL DIRECT TO THE MOTORIST CONSUMER, INCLUDING SUCH SERVICES AS LUBRICATION, WASHING AND MINOR REPAIRS (EN- CLOSED) WITHIN THE PREMISES) AND SUCH INCIDENTAL SERVICES AS ROAD SERVICE SUPPLYING ROAD MAPS AND INFORMATIONAL SER- VICE AND FOOD VENDING MACHINE, AND INCLUDING RENTAL OF AUTOMOBILES AND TRUCKS AND TRAILERS, BUT NOT INCLUDING SUCH MAJOR REPAIRS AS: A. SPRAY PAINTING; B. BODY, FENDER, CLUTCH, TRANSMISSION, DIFFERENTIAL, AXLE, SPRING, AND FRAME REPAIRS; C. MAJOR OVERHAULING OF ENGINES REQUIRING REMOVAL THREFROM OF CYLINDER -HEAD OR CRANKCASE PAN; D. REPAIRS OF RADIATORS REQUIRING REMOVAL THEREOF; E. RECAPPING OR RETREADING OF TIRES; • WITH A CONDITIONAL USE PERMIT. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye. ORDINANCE TO AMEND THE Ann RRCTTnN in -i -i7 - 1973 Upon motion made by Richard F.-Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia, 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 ADD SECTION 10 -1 -37: CAR WASH: A BUILDING OR PORTION THEREOF CONTAINING FACILITIES FOR WASHING AUTOMOBILES OR LIGHT TRUCKS (UP TO 3/4 TON), USING PRODUCTION LINE METHODS OR HAND OPERATED SELF - SERVICE METHODS. The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F.. Madigan,. Aye; Donald R. Hodgson, Aye. FOR PLANNING ZONING ORDINANCE ADOPTED AnTNa - APPRnvRn A STUDY TO ADD FLEA MARKETS - AUCTION DnTAlaNrr - SDDDnT?VM Upon motion made by Dennis T.. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia, does herein instruct the Planning Commission to review the Frederick Zoning Ordinance to add Flea Markets, Auction Houses and Farm Produce'Markets their proper category. .14 4 The above resolution was approved by the following recorded.vote: Raymond C. Sandy, _ J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard 1. Madigan, Aye; and Donald R. Hodgson, Aye. SANITATION AUTHORITY REQUEST FOR BUDGET FUNDS - APPROVED The monthly report of the Sanitation Authority was reviewed and accepted. Upon motion by Donald R. Hodgson, and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that a loan in the amount of $12,315.28 is hereby authorized to the Frederick Sanitation Authority; and, BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended II • from budget code 10 -01OH -902 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 Author ity as approved by this Board at a regular meeting held on April 12, 1972, and is subject to the terms so established on that date; and, BE IT FURTHER RESOLVED, That the breakdown of the above mentioned loan shall be as follows: , 1. Legal Fees - Acquisition of Right -of -Way $ 192.50 2. Red Bud Run Project #1 1,542.06 • 3. Red Bud Run Project #2 10,580.72 Total $12,315.28 11 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan,Aye; and Dennis T. Cole, Abstaining. APPLICATION OF FREDERICK COUNTY SANITATION AUTHORITY FOR GRANT FUNDS UNDER TITLE Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board does hereby support and agree with the application of the Frederick County Sanita- tion Authority for grant funds under Title i, of the Housing and Community Develop- • ment Act of 1974, Public Law 93 -383 for water facilities in the Sunnyside, Burning ( Knolls, and Greenwood Heights areas of Frederick County and water and sewerage , facilities in the vicinity of the intersection of State Route 277 and State Route 641 in Frederick County and does recommend for approval the application being made by the Authority through the Lord Fairfax Planning District Commission to the Unite States Department of Housing and Urban Development. i The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; • and Donald R. Hodgson, Aye. REZONING APPLICATION - G. W. MOTORS - REFERRED TO PLANNING & DEVELOPMENT COMMITTEE Mr. Renalds stated that G. W. Motors had requested the action be delayed on their rezoning application indefinitely. The Board agreed to send this rezoning application to the Planning and Development Committee for study and recommendation. ESTABLISHMENT OF A CENTRAL ABSENTEE VOTER ELECTION DISTRICT AT:THE`ADDRESS'_ ;'OF 9:000RT. SQUARE, WINCHESTER, VIRGINIA FOR THE CALENDAR YEAR ENDING DECEMBER.31, 1975 - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, 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 the calendar year ending December 31, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ' and Richard F. Madigan, Aye. NOTICE TO BE GIVEN TO STERNHEIMER BROS INC. TO VACATE A & N STORE Mr. Sandy stated that more office space was needed, and on many occasions the Board room is over crowded and with this in mind it had been suggested that the County make use of the space now being leased to the A & N Store for the Board Room He further stated that space now used for the Board Room could be turned into offic area, working space and an office for the Assessor of Frederick County. • Mr. Cole stated he felt, with the large crowds that are in attendance at some of the Board meetings there is a very real fire hazard should a fire break out with the Board Room being located on the second floor as it is now. Upon motion made by Richard F. Madigan and seconded by Donald R.,Hodgson,. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does hereby direct the County Administrator to tender 90 days notice to ' Sternheimer Bros., Inc. as set forth in the lease between the County of Frederick and Sternheimer Bros., Inc. to vacate the premises owned by the County of Frederick • and currently occupied by the A & N Store in Winchester, Virginia, said date of vacation to be on or before April 11, 1975. The above resolution was passed.by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REGULAR BOARD MEETING.-'JANUARY 22, 1975 - CANCELLED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does hereby cancel the regular meeting of-this Board scheduled for January 22, • The ab Sandy, Aye; and Richard UPON MOTION • 1975. eve resolution was passed by the following recorded vote: Raymond C. J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; F. Madigan, Aye. DULY MADE,.SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. S 14, etary Bd. of Supervisors sors At a Special Meeting the Board of Supervisors of the County of Frederick, Virginia, held on the 12th day of February, 1975, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis II T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order and stated that the purpose of the special meeting was for the presentation to the Board by the Frederick County Plan- ning Commission of the proposed Land Use Plan. Mr. Ron Berg, presented the Proposed Land Use Plan to the Board and stated tha the main purpose for this meeting was to get the Board's view points on this plan. 145 1'46 before it was taken out to public meetings. There was lengthy discussion-concerning the Land Use Plan.'. Mr. Cole stated that he felt the minimum 400 foot frontage on primary roadways leading into the community on commerical properties was not feasible. He further stated that he felt this restriction would benefit only the big developer and the smaller businesses would not be able to survive. Mr. Sandy stated that after the public has reviewed the plan and given their 3. The Commission felt that it is unreasonable to rezone the property on input he felt sure the Board would make some changes. Mr. Sandy thanked Mr. Berg and the Planning Commission for attending the Special meeting and their presentation of the Land Use Plan. • Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, . BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein accept the Land Use Plan in order that it might be taken to to be used'as a guide for the property owners, the Planning Commission the public for their input.. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F.-Madigan, Aye; , and Dennis T. Cole, Aye. PLANNING COMMISSION RECOMMENDATION OF FUTURE ZONING FOR THE PROPERTIES BOUNDED BY • ROUTES 50, 522, THE WINCHESTER AIRPORT AND CARPERS VALLEY COUNTRY CLUB - APPROVED The Frederick County Planning Commission submitted the following recommenda- tion concerning future zoning for the properties bounded by Route 50, 522, the Winchester Airport and Carpers Valley Country Club; said properties belonging to Francis P. Lages, Guy Strosnider, and the Garber family. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, 1. The land should remain zoned for business. 2. Some access should be provided to the interior of both properties that would connect Routes 50 and 522. 3. The Commission felt that it is unreasonable to rezone the property on a lot by lot basis, rather some of the land should be zoned B -2. So that the best area for B -2 can be designated, the Commission recommends that the property owners join in an overall design of the properties • to be used'as a guide for the property owners, the Planning Commission and the Board of Supervisors. After lengthy discussion it was agreed upon to ask Mr. Lages, Mr. Strosnider, , and the Garber family for their input on the Planning Commission recommendation and that the Planning Commission then study the matter further in order to develop a workable plan for this area. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept the recommendation of the Planning Commission as set • forth above on the Lages, Strosnider and Garber properties and does direct that the Planning Commission study this project further in order to develop a workable plan for this area. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REGULAR MEETING 7 , Following the conclusion of the presentation of the Land Use Plan by the Frederick County Planning Commission, the Board convened into regular session. HIGHWAY DEPARTMENT REPORT REQUEST FOR OAK RIDGE ROAD - FAIRWAY ESTATES - TO BE TAKEN INTO SECONDARY ROAD SYSTEM - APPROVED :147 Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, i . • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request the Virginia Department of Highways to accept into the Secondary Road System the following road in Fairway Estates, in Shawnee Magisterial District, pursuant to the provisions set forth in Section 33.1 -229 of the Code of Virginia, 1950, as amended Oak Ridge Road from Route 1201 td .2 mile west to end of Road (Fairway Estates - Section III) and, BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways. The above resolution was passec by the following recorded vote: Raymond C. I • • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye;'Richard F. Madigan, Aye; and Donald R. Hodgson, Aye. SECONDARY ROAD CHANGES ON ROUTE 522 - APPROVED Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, WHEREAS, Route 522, from 0.481 miles south of the Winchester and Western Railroad crossing near Gdinesboro to 6.224 miles south of the West Virginia State Line, a distance of 3.73 miles, has been altered, and a new road has been con -' structed and approved by the -State Highway and Transportation Commissioner, which new road serves the same citizens as the road so'altered and, _ WHEREAS, Certain sections of this new road follow new locations, these being shown on the attached sketch titled, "Changes in Primary and Secondary Systems due to Relocation and Construction on Route 522, Project 0522- 034 -101, C -503 dated at Richmond, Virginia, January 2, 1975." , NOW, THEREFORE, BE IT RESOLVED: That the portions of old locations of Route 522 i.e., Sections 2 and 3 shown in red -on the sketch titled "Changes in Primary and Secondary Systems due to Relocation and Construction on Route 522, Project - 0522- 034 -101,C -503 dated at Richmond, Virginia, January 2, 1975," a total distance of 1.23 miles be, and hereby is, added to the Secondary System of State Highways, pursuant to Section 33.1 -229 of the Code of Virginia of 1950 as amended; And further, that the connections to the new location, i.e., Sections 7, 8, 9, 9A, and 10, shown in brown on the afore - mentioned sketch, a total distance of .42 miles be, and hereby is, added to the Secondary System of State Highways, pursuant to Section 33.1 -229 of the Code of Virginia of 1950 as amended; And further, that the section of Secondary road, i.e., Section 5 shown in blue on the afore - mentioned sketch, a total distance of .10 mile-be abandoned, pursuant to Section 33.1 -55 of the Code of Virginia of 1950 as amended; And further, that the State Highway and Transportation Commission be requested to take the necessary action to discontinue the Sections of old locations i.e., Section 1, 4, and 6, shown in yellow on the afore- mentioned sketch, a total distance of .45 miles, as a part of the Secondary System of State Highways as provided in Section 33.1 -150 of the Code of Virginia of 1950 as amended. The above resolution was passed by the following recorded vote: Raymond C. • 0 Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REPORT OF LATEST PROGRESS ON IMPROVEMENT OF INTERCHANGE - ROUTES 11 and 37 NORTH OF WINCHESTER Mr. Sandy read a letter from Mr. P. B. Coldiron, Director of Engineering, Virginia Department of Highways, forwarded to him from Delegate Alson H. Smith, Jr. in which Mr. Coldiron stated his department was in the process of programming with the Federal Highway Administration a safety improvement project utilizing High Hazard Funds for the purpose of constructing a left -turn lane on Route 37 and improving the connection between Route 37 and 11 southbound in the vicinity of the Crown Cork Corporation building. The letter further stated that Mr. Coldiron was hopeful that the program would be approved by the Federal Highway Administration, so that necessary adjustments could be made at an early date. King stated that his department had looked into Mr. Coldiron'.s suggestions concerning this safety improvement and-they are not sure Mr. Coldiron's idea is the best way to handle the problem. He further stated that he planned to study - this plan further before afinaldecision was made. ROAD VIEWER'S APPOINTED FOR 1974 -1975 Upon motion made by Donald R.- Hodgson and seconded by J. Robert BE IT RESOLVED, That the following persons were reappointed as Road Viewers for Frederick County for 1975 -1976: James Swing Arthur L. W. Adams, Jr. Frederick M. Gore Raymond L. Bucklew Back Creek Magisterial District Stonewall Magisterial District Gainesboro Magisterial District Opequon Magisterial District Shawnee Magisterial District The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Aye. REQUEST FOR NAMES OF MAPLE AND ELM STREETS IN DARLINGTON SUBDIVISION BE CHANGED TO REDWOOD STREET - APPROVED Mr. Russell stated the citizens on Maple and Elm Streets in Darlington Subdivision had requested that the names of these streets' be changed to Redwood inasmuch as the City also has Elm and Maple Streets and this was causing quite alot of confusion, especially in mail delivery. Upon motion made by J. Robert Russell 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 that the names of Maple and Elm Street in Darlington Subdivision be changed to Redwood Street. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; and Richard F. Madigan, Aye. Hodgson, Aye; Dennis T. Cole, Aye; CTTMr%T \7TCTAW - Upon motion-made-by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, does herein direct that a street sign be purchased for Redwood Street in Darl Subdivision. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PRESENTATION BY ED DUNCAN - LORD FAIRFAX PLANNING DISTRICT COMMISSION Mr. R. Edward Duncan, Executive Director of the Lord Fairfax Planning Distr Commission appeared before the Board and gave an uptodate report on the programs being conducted through the Lord Fairfax Planning District Commission and more particularly those directly relating to Frederick County. Mr. Sandy thanked Mr. Duncan for appearing before the Board and giving the report. HEALTH DEPARTMENT REPORT Mr. Williams appeared before the Board on behalf of the Health Department and stated he did not have a report to present at this time. • • • • f 3 M • He further stated that the Health Department had received instruction from to fire 13 part time employees, but after considerable discussion in Richmond they were able to retain all but one of these people. CORRECTION TO MINUTES OF JANUARY 8, 1975, RE: APPROPRIATION TO Upon motion made by Richard-F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia, does herein approve the correction of the minutes of the meeting of this Board held on the 8th Day of January, 1975, thereby correcting the supplemental • appropriation approved for the Winchester Drug Abuse Committee from $3,187.50 to $2,487.50. The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard'F. Madigan, Aye. APPROVAL OF MINUTES Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of'Frederick, • I lVirginia, does herein approve the minutes of the following meetings of this Board: Regular Meeting, November 13, 1974, Special Meeting, November 21, 1974, Regular eting, December 11, 1974, and Regular Meeting, January 8, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan,. Aye; and Dennis T. Cole, Aye. REQUEST FOR TRANSFER OF FUNDS - FREDERICK COUNTY SCHOOL BOARD - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Frederick County Board of Supervisors grants the request of the Frederick County School Board to make transfers within the 1974 -75 • school budget to provide for needed expenditures in various categories of the including Administration, Transportation, Capital Outlay, Building Fund and so BE IT FURTHER RESOLVED, That the request is made on condition that the Frederick County School Board's expenditures for the year from county tax funds, the state one percent sales tax earmarked for education and anticipated revenue from Federal Impact Funds will not exceed the 1974 -75 appropriation as adjusted to include purchase of school buses in the amount of $60,000; except that Revenue Sharing fund's shall be credited to the School Building Fund and shall be spent only • in behalf of school construction projects, said funds to be expended.on or before June 30, 1975; BE IT FURTHER-RESOLVED, That the Frederick County School Board is hereby granted permission to use any additional funds allocated from the state as well as funds within the limits of the approved'Literary Loan Fund and the Virginia Public School Authority Loan for school construction; BE IT FURTHER RESOLVED, That the Frederick County Board of Supervisors authorize the transfer of any balance in the 1974 -75 school budget to the Building Fund and that the total Building Fund balance be retained for continued use in the 1975 -76 budget. The above resolution was passed by the following recorded vote: Raymond•C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. 150 .. APPROVAL OF BILLS Upon motion made by Richard F. Madigan and seconded'by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, , Virginia, does herein approve the bills for the month of January, 1975, in the amount of $115,517.55 and does order the same be paid by warrants #08723 - #08889 and #08891 - #08894. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye;'and Donald R. Hodgson, Aye; Dennis T. Cole, Nay. Mr. Cole stated that he could not vote for the approval of the bills inasmuch as there were several items therein he could not agree with. • APPROVAL OF PAYROLL Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the payroll for the month of January, 1975, in the amount of $60,760.23 and does order the same be paid by Warrants #08615 - #08722. The above resolution was passed by the following recorded vote: Raymond C. , Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Ave; and Richard F. Madigan, Aye. • REQUEST FOR LOAN FUNDS - FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that a loan in the amount of $44,759.08-is hereby authorized to the Frederick County Sanitation Authority; and, BE IT FURTHER RESOLVED,-That - said funds.are herein authorized to be expended from budget code 10- 01OH -902B 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 as approved by this Board at a regular meeting held on April 12, 1972, and is subject.to the terms so established on that date; and, • BE IT FURTHER RESOLVED, That the breakdown of the abovementioned loan shall be as follows: , Redbud II $21,266.05 Redbud I 6,935.86 Alabaugh (Perry) 1,975.81 Sunnyside sidewalk 11,331.65 Harrison and Johnston 3,249.71 Total $44,759.08 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, • Aye; and Dennis T. Cole, Abstaining. MONTHLY REPORT - SANITATION AUTHORITY - ACCEPTED After review the monthly report of the Frederick County Sanitation Authority was accepted by the Board. DOG WARDEN REPORT AND CLAIMS Mr. Harold Whitacre appeared before the Board and presented his mon He stated that Mr. Burley Hewitt, in Gainesboro.Magisterial District had a claim for five (5) laying hens at $2.00 each and the Board agreed that claim should be paid. There was a lengthy discussion on the second claim presented of Dr. Whitacre, the claim being for five (5) lambs killed on December 7, 1974, (4) ewes on December 8, 1974. tly report! submitted ' this Sam and four 151 Mr. Sandy stated that the Board had agreed that if the owner could be found as in this case, then he responsible, and should pay for the kill. Mr. Russell'stated that he felt Mr. Dodson should be asked to pay and if he could not, then the County should take care of the claim. • Dennis T. Cole moved to approve the claim livestock kills submitted by Burley Hewitt and Dr. Sam Whitacre. This motion was seconded by Mr. Russell and defeated by the following vote: Dennis T. Cole, Aye; Donald R. Hodgson, Nay; Richard F. Madigan, Nay and Raymond C. Sandy, Nay. Mr. Whitacre-stated that he felt the same dog was responsible for both kills motion made by J. Robert Russell and seconded by Dennis but could'not prove this. 'He stated that he was sure.the last kill was made by a BE IT dog belonging to Donald Dodson, in Stonewall Magisterial District, and that Dr. of Frederick, Cole, Whitacre's affidavit stated that Mr. Dodson said, he was T inancially unable to pay I That the Board for the four ewes assessed at $20 each. ' Mr. Sandy stated that the Board had agreed that if the owner could be found as in this case, then he responsible, and should pay for the kill. Mr. Russell'stated that he felt Mr. Dodson should be asked to pay and if he could not, then the County should take care of the claim. • Dennis T. Cole moved to approve the claim livestock kills submitted by Burley Hewitt and Dr. Sam Whitacre. This motion was seconded by Mr. Russell and defeated by the following vote: Dennis T. Cole, Aye; Donald R. Hodgson, Nay; Richard F. Madigan, Nay and Raymond C. Sandy, Nay. BE IT FURTHER RESOLVED, That Mr. Harold Whitacre be directed to contact Mr. Dodson,'owner of the dog responsible for the second claim submitted by Dr. Whitacre to determine whether or not is able to make payment for said claim and further should Mr. Dodson be unable to pay for said claim, the claim shall be paid by Coui 9he above resolution was passed by-.the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye: Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. BOARD RECESSES UNTIL 7:00 P. M. • Upon motion made by Richard F. Madigan, seconded by Dennis T. Cole and passed unanimously, the Board recessed for dinner to reconvene at 7:00 P. M. for the evening session of the Regular Meeting. BOARD RECONVENES The Board reconvened at 7:00 P. M. The Chairman called the meeting to order. Zeiger Subdivision - Section IV - Approval-Rescinded Mr. Berg stated that after the Board approved Section IV of the Zeiger Sub- division, the Health Department had rejected Lot-Number 19. He further stated that the developer had redesigned the subdivision and would submit the new plat for Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Cole, I That the Board of Supervisors of the County of Frederick, ' Virginia, does herein approve the following claims for livestock kills: Zeiger 1. Burley Hewitt - Gainesboro District - 5 laying hens @ $2.00 each. • 2. Dr. Sam Whitacre - Stonewall District - 5 lambs @ $20.00 each. and, BE IT FURTHER RESOLVED, That Mr. Harold Whitacre be directed to contact Mr. Dodson,'owner of the dog responsible for the second claim submitted by Dr. Whitacre to determine whether or not is able to make payment for said claim and further should Mr. Dodson be unable to pay for said claim, the claim shall be paid by Coui 9he above resolution was passed by-.the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye: Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. BOARD RECESSES UNTIL 7:00 P. M. • Upon motion made by Richard F. Madigan, seconded by Dennis T. Cole and passed unanimously, the Board recessed for dinner to reconvene at 7:00 P. M. for the evening session of the Regular Meeting. BOARD RECONVENES The Board reconvened at 7:00 P. M. The Chairman called the meeting to order. Zeiger Subdivision - Section IV - Approval-Rescinded Mr. Berg stated that after the Board approved Section IV of the Zeiger Sub- division, the Health Department had rejected Lot-Number 19. He further stated that the developer had redesigned the subdivision and would submit the new plat for inasmuch as the Health Department has rejected Lot Number 19 in said subdivision. The above resolution was approved by the following recorded vote: Raymond C. Sandy, Aye.; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. approval within the next month. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia deos hereon 'rescind the approval of this Board given to the Zeiger ' Subdivision, Section IV in Back Creek Magisterial District on January 8, 1975 inasmuch as the Health Department has rejected Lot Number 19 in said subdivision. The above resolution was approved by the following recorded vote: Raymond C. Sandy, Aye.; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. 152 The Summit - Sections 5C, 5B, and •7 - Final Plat - Approved November Mr. Berg stated that a corporate bond had been submitted by The Summit for . 1971 Sections 5C, 5B, and 7. He further stated that'the three sections contain 115 lots, ' and are located in Gainesboro Magisterial District. 1975 Upon motion made by J. Robert Russell and seconded by'Richard F. Madigan, Gene T. Dicks BE.IT RESOLVED, That the Board of Supervisors of the County of Frederick, 11, Virginia, does herein approve the final plat of the The Summit, Sections 5C, 5B, to and 7, containing 115 lots and located in Gainesboro Magisterial District. 10, The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; • and Dennis T. Cole, Nay. Mr.'Cole stated that he would vote for the approval of 1972 this subdivision if a surety bond had been given by the developer but since the November bond was a corporate bond he could not vote for approval inasmuch as he considers a 1976 corporate bond a personal note. McIlwee Subdivision - Final Plat - Approved Mr. Berg presented the final plat of McIlwee Subdivision containing two lots ' in Shawnee Magisterial District. He further stated that all requirements had been met. • Upon motion made by Donald R. Hodgson and seconded by Dennis '.P. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the final plat of McIlwee Subdivision located in Shawnee Magisterial District containing two lots. The above.resolution was passed by the following recorded vote: Raymond C. Sandy Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ESTABLISHMENT OF TERMS OF OFFICE FOR MEMBERS OF INDUSTRIAL DEVELOPMENT AUTHORITY Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick., • Virginia, that the following terms of the members of the Industrial Development Authority of the County of Frederick, be set in compliance with the ordinance which ' created the said Authority, and that the current members will be considered to be fulfilling the following terms: William E. Sandy November 11, 1971 to November 10, 1975 Gene T. Dicks November 11, 1972 to November 10, 1976 Albert W. Loring November 11, 1972 to November 10, 1976 Maurice W. Perry November 11, 1973 to November 10, 1977 J. D. Shockey, Jr. November 11, 1973 to November 10, 1977 Fred L. Glaize, III November 11, 1974 to November 10, 1978 Paul Rhinehart, Jr. November 11, 1974 to November 10, 1978 I • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. CONDITIONAL USE - NATIONAL TRUST FOR AND SHUGARS - Upon motion mader<by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,•does herein approve the following Conditional Use Permits /Mobile Home Permits: 1. National Trust For Historic Preservation - six mobile dormitory units for student housing at Belle Grove 153 2. Commercial and Savings Bank - Termporary Mobile Home Permit Shawnee District 3. Gordon W. Cooper - Gainesboro District 1 4. Patricia Coen - Gainesboro District 5. Floyd F. Painter, Jr. - Gainesboro District 6. Darryl Shugars - Back Creek District The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • II MONTHLY STAFF REPORTS - ACCEPTED After review the reports of the County Administrator and the Department Heads were accepted. CONSTITUTIONAL OFFICERS REPORTS - ACCEPTED After review the Sheriff's report was accepted. There were no other reports from the constitutional officers. FINANCE COMMITTEE RECOMMENDATIONS ' FUNDS ALLOCATED FOR EMERGENCY JOBS PROGRAM - ACCEPTED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, • BE IT RESOLVED, By the Frederick County Board of Supervisors that this Board does hereby formally verify the acceptance of the allocation of $38,279.00 in funds under the Emergency Jobs Program as stipulated in the sub - contract agreement for the Comprehensive Employment and Training Act of 1973, Title VI, and the Occupa- tional Summary filed by the County Administrator in behalf of Frederick County on January 13, 1975, along with an amended Occupational Summary filed on February 11, 1975, with the Virginia Employment Commission for the creation of temporary public service jobs for the period of January 10, 1975, through January 9, 1976; and, BE IT FURTHER RESOLVED, That in order to implement the program from January 1 • 1975 through the remainder of the current fiscal year, the following budget adjust- ment is hereby authorized: ' Increase Revenue: General Revenue Fund: 05 -6700 $17,639.50 Increase Appropriations General Fund: 18 -018I -123 $17,639.50 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R..Hodgson, Aye. • 4 -H HORSE AND PONY CLUB DONATION FOR PARK DEVELOPMENT - ACCEPTED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that a donation of $88.23 from the 4 -H Horse and Pony Club to be used for park development is hereby acknowledged; and, BE-IT FURTHER RESOLVED, That the above amount is hereby appropriated for use during the current fiscal year ending June 30, 1975. ' The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. SUPPLEMENTAL APPROPRIATION FOR PLANNING COMMISSION COMPENSATION - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, 154 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a supplemental appropriation in the amount of $490.00 to category 10- 010E - 1400 -00 for additional compensation-necessary 'for :the'Frederick , County Planning Commission. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. RESOLUTION ACCEPTING MICHIE PUBLISHING COMPANY'S QU FOR UPDATING COUNTY CODE APPROVED Mr. Madigan stated that he felt the County code should be kept up to date so II • that current information on all ordinances would be available to the Board of Supervisors at all times. Mr. Cole stated that he did not feel this was a necessary expenditure at this time inasmuch as all current information is available to the Board in the County Administrators Office. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept the quotation from The Michie Publishing Company dated • January 20, 1975, at a price of $15.00 per page for up dating the Frederick County Code. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye and Dennis T. Cole, Nay. BUDGET ADJUSTMENT - SANITARY LANDFILL - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that in accordance with a recommendation from the Engineering Committee, the fol- lowing 1974 -75 budget adjustment is hereby authorized: • Increase Revenue Estimate General Revenue Fund: , 05 -722 Sanitary Landfill Fees $ 25,000.00 Increase Appropriations General Operating Fund: 10- 01OG -215A Repair & Replacement Vehicle 8,000.00 10 -OIOG -226 Special Service 10,000.00 18,000.00 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • BUDGET TRANSFER - JAIL EXERCISE YARD - APPROVED Upon . motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that supplemental appropriations approved by this Board at the regular meeting of November 14, 1973, in the total amount of $9,000.00 for construction of an exercise yard at the Frederick County - Winchester Jail and renovation of the Frederick County - Winchester Lockup, is hereby carried forward from the 1973 -74 fiscal year budget and reappropriated for use in the current 1974 -75 budget. , The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. CITIZENS APPEAR BEFORE BOARD IN OPPOSITION TO HIGH COST OF ELECTRICITY u. 155 Mrs. Patricia Bly appeared before the Board and stated she along with alot of other citizens were in attendance at the Board meeting to see if the Board as representatives of the citizens of Frederick County could do something about the rising cost of electricity. Mr. John Kronenberger, appeared before the Board and stated that he had alot of questions concerning the rising cost of electricity that he hoped the Board could answer as well as find a solution to the problem. Mr. Sandy stated that he was not sure that the Board had answers to all of Mr. Kronenbergers questions, and he did not know what route the County would take • in trying to find a solution to the high cost of electricity, but the Board would do whatever they could in order that the citizens of Frederick County as consumers of the Power Company would not have to bear such a heavy burden brought about by this sudden increase in power company - rates. Mr. Robert Bishop appeared before the Board and stated that the Power Company had put on a 78 increase, which had not been approved by the State Corporation ' Commission. He further stated that the power Company had borrowed money from a local bank • at 128 when the prime leanding rate is 9t8, and they were trying to increase their expenses in order to validate their claims. Mr. Bishop questioned the 48 utility tax. He stated that he had been told on. two different occasions by the Power Comapny that this tax is based on the base bil and he would like to know if this could be contested. Mr. Madigan replied to Mr. Bishop's statement on the utility tax and stated that the utility tax is based on the entire bill and not the base amount. Mr. Cole stated that he felt the Board should look into the 48 utility tax, and see if it could either be eliminated or reduced.. He further stated that he not voted for this tax when it. was approved and he feels that it is an unfair tax • inasmuch as it taxes one of the necessary essentials of life. Mr. Sandy stated that the following resolution should it be approved would be ' sent out in mass to state legislators and other governmental officials so they would know the feelings of the citizens of Frederick County. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia; that the Board does hereby protest the fuel adjustment charge as imposed by Potomac Edison Company on electric utility bills in Frederick County. • and does hereby request the Virginia State Corporation Commission and the United States Federal Power Commission to take action to reduce this heavy burden imposed upon the taxpaying citizens of Frederick County; and, 1. BE IT FURTHER RESOLVED, That Potomac Edison Company is hereby requested by Board of Supervisors to reduce this fuel adjustment charge to a very minimal rate or eliminate it entirely due to the burden on utility customers in Frederick ' County. The above resolution was passed by the following recorded.vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. 156 AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 0.846 ACRES, MORE OR LESS, OF W. H. EMMART AND SONS, INC. IN BACK CREEK MAGISTERIAL DISTRICT FROM INDUSTRIAL, LIMITED (M -1) TO BUSINESS, GENERAL ' (B -2) - FIRST AND SECOND READING - APPROVED Upon motion made by Richard F. Madigan 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 ordinance on first and second reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 0.846 ACRES, MORE OR-LESS, OF W. H. EMMART AND SONS, INC., FRONTING 200 FEET ON THE WEST SIDE OF ROUTE 11 SOUTH, APPROXIMATELY ONE (1) MILE SOUTH OF THE WINCHESTER CITY • LIMITS; IN BACK CREEK MAGISTERIAL DISTRICT FROM INDUSTRIAL, LIMITED (M -1) TO BUSINESS, GENERAL (B -2) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, -.Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 4.104 ACRES, MORE OR LESS, OF JOSE V. AND LE L. ESPINOZA, LOCATED IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL GENERAL (R -3) TO , AGRICULTURAL GENERAL (A -2) - FIRST AND SECOND READING - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virignia, does herein approve the following ordinance on first and second reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 4.104 ACRES, MORE OR LESS, OF JOSE V. AND LESSIE L. ESPINOZA, LOCATED ON THE EAST SIDE OF ROUTE 11 NORTH, APPROXIMATELY SIX- TENTHS (6/10) MILES NORTH OF INTERSECTION WITH ROUTE 661 EAST; IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, GENERAL (R -3) TO AGRICULTURAL, GENERAL (A -2) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PUBLIC HEARINGS • AN ORDINANCE TO AMEND THE FRE DERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1,_ 1973, TO REZONE 837 ACRES, MORE OR LESS, OF LAKE HOLIDAY ESTATES, INC., IN , GAINESBORO MAGISTERIAL DISTRICT FROM AGRICULTURAL LIMITED (A -1) TO RESIDENTIAL RECREATIONAL COMMUNITY (R -5) - THIRD AND FINAL READING - APPROVED Mr. Harold Moss appeared before the Board in support of his rezoning appli- cation. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, 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 REZONE 837 ACRES, MORE OR LESS, OF LAKE HOLIDAY ESTATES, INC. FRONTING ON THE WEST SIDE OF ROUTE 703 AND BOUNDED BY THE WEST VIRIGINA LINE, IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO RESIDENTIAL RECREATIONAL COMMUNITY (R -5) The above resolution was passed by the following - recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Nay. ' AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 10 -1 -18 - THIRD AND FINAL READING - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following ordinance on third and final reading. N 157 AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 10 -1 -18 TO READ: MOTOR VEHICLES SALES AND /OR SERVICE: A BUILDING OR SPACE -USED FOR COMMERCIAL PURPOSE AND USED FOR SALES, HIRE, STORAGE OR REPAIR OF MOTOR VEHICLES, BUT SHALL NOT INCLUDE STORAGE OF DISMANTLED OR WRECKED MOTOR VEHICLES OR A SERVICE STATION. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING.ORDINANCE ADOPTED NOVEMBER 1, • II 1973, TO AMEND SECTION 12 -1 -2 - THIRD AND FINAL READING - APPROVED Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve on third and final reading the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 12 -1 -2 TO READ: AUTOMOBILE ASSEMBLING, PAINTING, UPHOLSTERING, REPAIRING, REBUILDING, RECONDITIONING, BODY AND FENDER WORK, PUBLIC GARAGE, TRUCK REPAIRING, OR OVERHAULING, TIRE RETREADING OR TIRE RECAPPING. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole,•Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 23 -30 - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virignia, 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 SECTION 23 -30 TO READ: r GARAGE, PUBLIC: A BUILDING OR PORTION THEREOF, OTHER THAN • A PRIVATE GARAGE, DESIGNED OR USED FOR SERVICING, REPAIRING OR EQUIPPING OF MOTOR - DRIVEN VEHICLES; BUT NOT INCLUDING SERVICE STATIONS OR AUTO SALES AND /OR SERVICE I The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND AN ORDINANCE PASSED MARCH 8, 1971 TO REGULATE THE LOCATION, CONSTRUCTION, AND OPERATION OF TRAILER CAMPS IN FREDERICK COUNTY, VIRGINIA TO REPEAI SECTION 2 -6, AND DIVISION 3. - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following ordinance on third and final reading: AN ORDINANCE TO AMEND AN ORDINANCE PASSED MARCH 8, "1971, TO REGULATE THE LOCATION, CONSTRUCTION AND OPERATION OF TRAILER CAMPS IN FREDERICK COUNTY, VIRGINIA TO REPEAL SECTION 2 -6 AND DIVISION 3. BE IT ORDAINED, by the Board of Supervisors of the County of Frederick, Virginia that the following parts of the ordinance adopted December 26, 1973, entitled "AN ORDINANCE TO AMEND AN ORDINANCE PASSED MARCH 8, 1971, TO REGULATE THE LOCATION, CONSTRUCTION AND OPERATION OF TRAILER CAMPS IN FREDERICK COUNTY,.VIRGINIA." are hereby repealed: SECTION 2 -6 .. Availability of permits for inspection. All permits pursuant to the provisions of this chapter shall be available for inspection and visible from the public right-of-way.- DIVISION 3 . LICENSING OF MOBILE HOMES, MOBILE HOME PARKS, AND MOBILE HOME LOTS. SECTION 20 -19 Imposition of annual license tax. 158 ...There is hereby imposed upon the owner or.licensee of a mobile home in the County an annual license tax of $15.00 per mobile home or trailer. Such tax shall be payable on the first day of January of each calendar year. The owner or licensee of any trailer placed after March 1 of any year shall report to the Commissioner of Revenue ' within fifteen (15) days to pay a license fee for the remainder of the year prorated for fractional periods of.years as set forth by the guidelines of the Code of Virginia, (1950), as amended, in Section 46.1 -165. It shall be unlawful and shall constitute a misdemeanor for any Mobile Home Park or Mobile Home lot..owner or licensee to rent or otherwise provide space for a trailer not licensed.by Frederick County. It shall be unlawful and shall constitute a misdemeanor for any person to sell, lend or give a trailer, or move a trailer within Frederick County that is not licensed by Frederick County. SECTION 20 -20 Evidence of payment for mobile home license. Evidence of payment of the annual license tax provided for in Section 20 -19 shall consist of a receipt issued by the Treasurer of • the County. Such receipt shall be prominently exhibited in a window of the mobile home, which window shall face upon a public right -of -way. Saving Clause Nothing in this ordinance shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or exist- ing, under any act or ordinance repealed or amended hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance. Validity ' Should any section of this ordinance'be decided to be invalid, or unconstitutional, such decision shall not affect the validity or • constitutionality of any other section of this ordinance. Effective Date This ordinance shall be in full force and effect upon passage. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. COURT HOUSE STUDY.PRESENTATION Mr. Robert Borth of the architectural firm of Walton, Madden & Cooper, appeared before the Board and presented a brief review of the study conducted by his firm for new county courthouse facilities. He explained options studied by his firm, one for the location of a joint city /county facility in the city and one .for a County facility in the County, stating that his firm would recommend a joint facility located in the city inasmuch as they felt this option would be more feasible. He stated that the County opiton would cost approximately $5,800,000 an the city option would cost approximately $5,200,000. Mr. Madigan stated that he disagreed with several sections of the study and did not believe the facility should be located in the City. He further stated tha a facility located in the County would generate revenue for the County whereas the construction of the facility in the City would generate revenue for the City only. •� Mr. Tom Cooper appeared before the Board and stated that his firm had conduct ed their study in a professional manner and their recommendation was based on their best judgment. Mr. Sandy thanked Mr. Cooper and Mr. Borth for their presentation. RESOLUTION COMMENDING SHERIFF LACY ANDERSON AND DEPUTY SHERIFF CAROL CAMPBELL FOR SERVICE AWARDS by Richard F. Madigan and seconded by Dennis T. Cole, lu Upon motion made BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board does hereby commend Sheriff Lacy Anderson and Deputy Sheriff Carol Campbell for their selection by civic organizations of Frederick County and Winchester as outstanding Law Enforcement Officers for this community; 159 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ENGINEERING COMMITTEE RECOMMENDATIONS Request from Apple Blossom Festival Committee - Approved Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That'the Board of Supervisors of the County of Frederick, Virginia does herein approve the request from the Apple Blossom Festival Committee to use the County Plaza for amusement rides and concessions during the 1975 Apple • Blossom Festival, April 30, 1975 through May 3, 1975, with the stipulation that the Apple Blossom Festival Committee shall be responsible for any and all damage done to the Plaza. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Resolution Directing that Bids be Sought-for the Renovation of the A & N Store Property - Approved • Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein direct the County Administrator to advertise for bids for the renovation of the county property now occupied by the A & N Store to provide for a larger Board meeting room and fire stairs. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Resolution Requesting An Application be Submitted to HUD for Grant Funds for Water and Sewer Facilities in the Sunnyside, Burning K Greenwood Heights, and • II Freetown Areas of Frederick County - Approved ' Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Frederick County Board of Supervisors :that the Board does hereby authorize the County Administrator, on behalf of Frederick County, to make application for federal grant funds in accordance with Title I of the Housing and Community Development Act of 1974, Public Law 93 -383 for water and sewer facilities in the areas of Frederick County as outlined below: Proj. I Sunnyside Water Facilities $152,500 Proj. II Burning Knolls - Greenwood • Heights - Water Facilities 356,255 Proj. III Freetown Area Water and Sewerage Facilities 50,000 TOTAL $558,755 BE•IT FURTHER RESOLVED, That this application is hereby filed by the County, in accrodance with guidelines received from the United States Department of Housing and Urban Development whereby grant applications under the Housing and Community Development Act of 1974, must be made by a political subdivision of the State ' II rather than a water and sewer authority; and, BE IT FURTHER RESOLVED, That this Board does request that the Lord Fairfax Planning District Commission and the Division of State Planning and Community Affairs be requested to accept and approve this application inasmuch as an A -95 Review has already been conducted and approved by the Lord Fairfax Planning Distr 160 Commission on January 9, 1975, for an application by the Frederick County Sanitation in 508 of said salary; and, Authority for the identical abovementioned facilities.and forwarded to the Division of State Planning and Community Affairs. ' The above resolution was passed by the following recorded vote: Raymond C. to request the State Compensation Board to participate in the above position Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. LAW ENFORCEMENT COMMITTEE RECOMMENDATIONS BE IT FURTHER RESOLVED, That a General Fund appropriation transfer within the Resolution Requesting the Elimination of Doe Season in Frederick County - Approved Upon motion made by Dennis T. Cole and-seconded by Donald R. Hodgson, BE IT RESOLVED, By the Frederick County Board of Supervisors that this Board • does formally request the Commission of Game and Inland Fisheries to revise their , hunting regulations so.that hunter's choice (i.e. the elimination of the doe season To 06- 006B -106H $2,000.00 on the last day of the regular hunting season) on deer will not be allowed in Frederick County. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ' and Richard F. Madigan, Aye. Resolution Requesting 50% Funding for Additional Cook at Jail - Approved • Upon motion made by Richard'F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED,-By the Frederick County Board of Supervisors that the Sheriff of Frederick County is hereby authorized to.procure the services of an additional cook at the Winchester - Frederick County Jail at an annual salary not to exceed $4800 per year, with the understanding that the City of Winchester is to participate in 508 of said salary; and, BE IT FURTHER RESOLVED, That the Sheriff of Frederick County is hereby directed to request the State Compensation Board to participate in the above position effective July 1, 1975; and, BE IT FURTHER RESOLVED, That a General Fund appropriation transfer within the • 1974 -75 operating budget is hereby authorized as follows: From 06- 006B -106E $2,000.00 , To 06- 006B -106H $2,000.00 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Resolution Authorizing the County Administrator to Execute Deed fo S tephens City Park Property - Approved • Upon motion made by Richard F. Madigan and seconded by.Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia that the County Administrator is hereby authorized and directed to execute the deeds for the Opequon District park properties as outlined below as verificatio of acceptance by the County for these properties, in accordance with Section 15.1 -286, Code of Virginia, 1950, as amended: PARCEL A: Containing 88.979 acres PARCEL B: Containing 50.646 acres , PARCEL D: Containing 128.404 acres PARCEL C: Containing 15.311 acres, said properties being situate. in Opequon Magisterial District, Frederick County, Virginia, being more particularly described by survey plats which are attached to an Order of the Circuit Court of Frederick County, Virginia, in RE: The Purchase of Real Estate in Opequon Magisterial District for Public Use by the County of Frederick, A Political Subdivision of the Commonwealth of Virginia, and filed with the Clerk of the Circuit Court of Frederick County, Virginia, and being the same property owned by the heirs of M. K. Sandy. 161 PARCEL I: Containing 61.150 acres, lying and being situate in the Opequon Magisterial District, Frederick County, Virginia, being more particularly described by a survey plat which is attached, and by this reference hereby made a part hereof, to the Order referred to above and being the same property owned by Charles Whitacre The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye and Dennis T. Cole, Nay. QUARTERLY MEETING WITH FREDERICK COUNTY SANITATION AUTHORITY Mr. S. Roger Koontz, Chairman of the Frederick County Sanitation Authority appeared before the Board and - gave a brief report on the Authority projects and • the progress being made on each, stating that Parts 1 'and 2 of the Red Bud Run Project were nearing completion. He further stated that the Sanitation Authority was proceeding with the preparation of an Environmental Impact Statement which they feel will be sufficient to satisfy the requirements of FHA and that the Authority has chosen the firm of EcolSciences, Inc. to prepare the statement at a cost of $13,793. Mr. Koontz reported on the installation of the water and sewer facilities to the Bass - Hoover School. He stated that the low bid was submitted by William Hazel • of Fairfax at $22,366.25 and the high bid was $37,937. Mr. Koontz requested that the Authority be allowed to use money already borrowed from the Board to install the facilities at the Bass - Hoover School with the stipulation that this money be paid back to the Board as soon as possible. Mr. Cole stated that he felt there should be specific pay back date set forth. Resolution Approving Loan of Funds for Water and Sewer Facilities at Bass - Hoover School Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of. Frederick County, Virginia does hereby authorize the loan of funds designated for the Abrams Creek - Redbud Run • Project for the construction of the Bass- Hoover School water line; and BE IT- FURTHER RESOLVED,' That upon reimbursement for the construction of the water facilities by the Frederick County School Board, or receipt of an EPA reimbursement giant, the Frederick County Sanitation Authority will repay the Board of Supervisors all monies loaned for-the construction of the Bass - Hoover School water facilities, said pay back to be not later than July 1, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • h and Richard F. Madigan, Aye. James Diehl -To Remain - Member of Sanitation Authori Mr. Koontz stated that James Diehl had moved from Shawnee District to Back Creek District. He further stated that the Articles of Incorporation of the Sanitation Authority do not that there must be a member from each magisterial district; just that there shall be five members. Mr. Hodgson requested that Mr. Diehl remain a member of the Authority until his term expires inasmuch as the services of the Authority are for the entire County and not separate districts. This was agreed upon by members of the Board of ° Supervisors and the Sanitation Authority. SECOND MONTHLY MEETING FOR FEBRUARY, 1975 = CANCELLED Upon motion made by J. Robert-Russell and seconded by Dennis T. Cole, 162 BE IT RESOLVED, That the Board'of Supervisors.of the County of Frederick, Virginia, does herein cancel the second monthly meeting for February, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT BOARD OF SUPERVISORS DO NOW ADJOURN. SVetary Bd. of Supervisors Chai n Bd. of up visors r 40 and Richard F. Madigan, Aye. APPROVAL OF MINUTES - FEBRUARY 12, 1975 Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, 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 February 12, 1975 with the correction of said minutes in accordance with the resolution set forth above deleting PARCEL C from the description of the park prop-1 erty purchased in the Opequon District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell,' Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF BILLS , Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia herein approve the bills for the month of February, 1975 in the At a Regular Meeting of the Board of Supervisors of the County of Frederick, - Virginia, held on the 12th day of March, 1975, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. , PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. • The Chairman called the meeting to order. CORRECTION OF MINUTES Mr. Renalds explained that in the minutes of the Regular Meeting of this Board, held on.February 12, 1975, the description of the park property purchased in the Opequon District.'is set forth incorrectly. He stated that PARCEL C, containing 15.311 acres should be deleted from this description. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the correction to the minutes of the Regular Meeting of this Board held February 12, 1975, wherein PARCEL C, containing 15.311 acres I on shall be deleted from the description of the park property purchased in the Opequon • District. The above resolution was passed by the following recorded vote: Raymond C. ' Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF MINUTES - FEBRUARY 12, 1975 Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, 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 February 12, 1975 with the correction of said minutes in accordance with the resolution set forth above deleting PARCEL C from the description of the park prop-1 erty purchased in the Opequon District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell,' Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF BILLS , Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia herein approve the bills for the month of February, 1975 in the 163 of $49,410.76 and does order the same paid by Warrants #09067'through #09224 and development in this subdivision. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, #09226 through #09286. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF PAYROLL Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the payroll for the month of February, 1975, in the • amount of $65,245.27 and does order the same paid by Warrants #08957 through #09063. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REQUEST FOR STREET ADDITIONS - DARVILLE SUBDIVISION, SECTION II - APPROVED ' Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein rescind the resolution passed by this Board on September 25, u 1974, requesting the.Virginia Department of Highways to accept into the Secondary Road System the streets known as the extensions of Ambrose Drive, Darlington`Drive, Williams Drive and Williams Place in Section II of Darville Subdivision in Stonewal Magisterial bis.trict inasmuch as the Highway Department has determined that. the above mentioned streets do not render a public service and are not eligible for acceptance into the'Secondary Road System at this time; and, BE IT FURTHER RESOLVED, That this Board does herein request the Virginia Department of Highways to accept into the Secondary Road System the following road in Section II of Darville Subdivision in Stonewall Magisterial District: • Darlington.Drive °from Route 1311 to .16 mile -soath6ast and Ambrose Drive from Route 1313 to .09 mile east SETT 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: Raymond Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R."'Hodgson, Aye; Richard F. Madigan, Aye. SUBDIVISIONS • Gordondale Subdivision, Section III - Stonewall Magisterial District - Final Plat - Approved Mr. Berg presented the final plat of Gordondale Subdivision, Section III stating that the subdivision contains 11 lots fronting on Route 670 in Stonewall Magisterial District and that the lots located in West Virginia which had previ- ously been shown on the plat had been omitted. He stated that the approvals of the Highway Department and the Health Department had been received. Mr. Russell stated that he was concerned about the drainage problem the inasmuch drainage would into another state. subdivision might create as-the go Mr. Cole stated that he felt the Board should examine very closely any furthe development in this subdivision. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, 164 Virginia does herein approve the final plat of Gordondale Subdivision, Section III in Stonewall Magisterial District containing 11 lots fronting on Route 670, said approval being subject to the payment of the recreational impact fee. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Zeiger Subdivision, Section IV - Back Creek Magisterial District - Approved Mr. Berg presented the final plat of the Leon Zeiger Subdivision in Back Creek Magisterial District containing 5 lots. He stated that the subdivision had previously been platted into six lots but one lot had failed and therefore the plat had been redrawn showing a reduction to five lots in order to eliminate the lot which had failed. He further stated that the Highway and Health Departments had approved the plat and the recreational impact fee had been paid. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the final plat of the Leon Zeiger Subdivision, Section IV in Back Creek Magisterial District containing five (5) lots fronting on Route 616. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Fredericktowne, Section III - Opequon Magisterial District - Approved Mr. Stephen Carnes appeared before the Board representing Fredericktowne Company, Inc. and stated that the plat of Fredericktowne, Section III had previ- ously been approved by both the Planning Commission and the Board of Supervisors. He stated that Fredericktowne had determined that it would be physically impossible to procure a surety bond on the entire plat of 248 and therefore they now plan to develop these lots in several sections over the next eight years. He further stated that Fredericktowne wanted to put the entire plat to record and would bear the tax burden on these lots even though they would be vacant until such time as that section of the plat is developed. Mr. Carnes stated that Fredericktowne was requesting the Board to accept their corporate bond in lieu of a surety bond for the improvements in the first section to be developed, said section containing 51 lots, inasmuch as there have been 525 lots put to record on which the Board has accepted a corporate bond and they felt the precedent had been set for the accept- ance of corporate bonds in lieu of surety bonds. He further stated that Frederick- towne Company, Inc. would agree to enter into an agreement stating that no lots would be conveyed or contracted for, sold or built upon until such time as the .improvements are completed on said lot. Mr. Cole stated that he could not vote for a corporate bond and he felt the County government should not compete with private enterprise inasmuch as the County is obligated to provide these services should the developer fail to do so. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the final plat of Fredericktowne, Section III containing 248 lots in Opequon Magisterial District; and • I • • • i MO BE IT FURTHER RESOLVED, That this Board does herein accept the corporate bond of Fredericktowne Company, Inc. for the improvements'to said lots, said approval given with the stipulation that the attorney for Fredericktowne Company, Inc. and the Commonwalth Attorney, Lawrence Ambrogi, draft an agreemen4 setting forth the regulation to be observed by Fredericktowne Company relative to sale of lots, building upon lots, the issuance of building permits, etc. and further does herein authorize the Chairman of the Board of Supervisors and the County Administrator to execute said agreement on behalf of Frederick County; and, BE IT FURTHER RESOLVED, That this approval is given subject to the payment of • the recreational impact fee by Fredericktowne Company, Inc. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Abstaining, stating that he felt he must abstain from this vote inasmuch as he had done some work for Fredericktowne Company; and Dennis T. Cole, Nay. PLAT REVISIONS Moscarella Subdivision - Shawnee District - Plat Revision - Approved Mr. Berg presented the proposed plat revision of Moscarella Subdivision • stating that the request was for an addition to Lots 7 8 and 9. Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of.Frederick, Virginia, does herein approve the plat revision of Moscarella Subdivision in Shawnee Magisterial District for the enlargement of Lots 7, 8, and 9 fronting on Route 643. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Blue Ridge Heights Subdivision - Shawnee District - Plat Revision - Approved • Mr. Berg presented the proposed plat revision of Blue Ridge Heights Subdivis stating that the request was for the enlargement of Lots 13, 15, and 17. ' Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the plat revision of Blue Ridge Heights Subdivision in Shawnee Magisterial District for the enlargement of Lots 13, 15, and 17 fronting on fifty (50) foot right -of -way off Route 643. The above resolution was passed by following recorded vote: Raymond C. • Sandy, Aye: J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. SITE PLANS Site Plan - E. L. Peters - Self Service Gas Station - Tabled Mr. Berg presented the site plan of Mr. E. L. Peters for a self service gas station and described the location of the property. He stated that the property was zoned properly, the Highway and Health Department's had approved it and the Planning Commission recommends approval. Mr. Hodgson stated that he felt this type of operation was dangerous especial in such a populated area. He further stated that he did not feel there was a need for such a service in this area. 166 Mr. T L. Chamouris, President'of.Shenandoah Oil Company, appeared before the Board and stated that there had been no indication that this type o£ service sta would create a hazard. Mr. Cole stated that the.self: service.stitiori..in.his area is heavily patronized. Mr. Hodgson moved to deny the site plan of E. L. Peters for a self service gas station. The motion died for lack of a second. Mr. requested that Mr. Hodgson and Chamouris arrange to meet and discuss this matter more thoroughly and report back to the Board before action is taken on this site plan. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein table the site plan of E. Peters for a self service gas station in Shawnee Magisterial District until the next regular meeting of this Board on March 26, 1975, in order that the Supervisor from that District and the proposed lessee of the property might discuss the matter more thoroughly as to the safety factors involved in such an operation and further so that the Board might be advised of the legal implications should it deny this application. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Site Plan - Lester A. Elliott - Self Service Gas Station - Approved Mr. Berg described the'location of the proposed self service gas station stating that it was located in the corner of the Delco P1aza.Shopping Center. He stated that the Planning Commission felt that.:this operation, in this particular location, would increase the traffic congestion in this area. He further stated that the Highway Department felt the entrance into the property was undesirable but that they could not deny approval because the access was left to avoid landlocking at the time the right -of -way was acquired for the construction of I -81. The access to the property was discussed at length and Mr. Chamouris, the proposed lessee of the property, and his attorney, Mr. James Berry, advised that they are at this time negotiating-with Delco Plaza for another access but could not guarantee that this would be granted. Mr. Hodgson stated that he did not feel the entrance was sufficient and that the location of this operation would add to the traffic congestion already in the area. He further stated that he felt this type of operation was dangerous and creates a safety hazard inasmuch as it is unattended. Mr. Berry stated that the Highway Department had put his client in a position where there was not much else that could be done with the property. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the site plan of Lester A. Elliott for the construc- tion of a self service gas station on the property located in the Delco Plaza Shopping Center in Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; l J 1 • • • and Donald R. Hodgson, Nay. Site Plan - Dorset Russell - Addition to Existing Building - ,Approved Mr. Berg presented the site plan of Dorset Russell for the addition to an 1 ` existing building located off Caldwell Lane wherein Mr. Russell operates his roofing business. He stated that all preliminary approvals are in order. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia, does herein-approve the site plan of Dorset Russell for an addition to n existing-building off Caldwell. on Route 717 in Back Creek Magisterial District. • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. E Mobile Home Permit - George Dyer - Gainesboro District - Tabled Mr. Russell stated that he would like to have more time to study this permit and that he.would therefore like to have' tabled until then.next regular meeting. of the Board on March 26, 1975. • Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, nia does herein table the application for mobile home permit of George Dyer til the next regular meeting of this Board in order that the Supervisor from the esboro District might have more time to study this application. The above resolution was passed by the following recorded vote: Raymond C. y, Aye; J.. Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. Conditional Use Permits /Mobile Home Permits - Civil Air Patrol - Harry Armel, Jr. - Approved • Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the mobile home permits of the Civil Air Patrol, Winchester Squadron located in Shawnee Magisterial District and Harry Armel, Jr. located in Back Creek Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F..Madigan, Aye. HIGHVIEW WOODS SUBDIVISION, SECTION I - BACK CREEK DISTRICT - APPROVED • Mr. Berg presented the plat of Highview Woods Subdivision, Section I stating that this was a seven lot subdivision located in Back Creek Magisterial District. He further stated that all necessary approvals had been received. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, inia, does herein approve the plat of Highview Woods, Section I containing (7) lots located in Back Creek Magisterial District, said subdivision being the property of Elsie L. and E. Marvin Sheppard. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. 167 Mot MONTHLY STAFF REPORT ACCEPTED After review by the Board, the monthly staff report was accepted. CONSTITUTIONAL OFFICERS'REPORTS ACCEPTED After review, the monthly report of the Sheriff was accepted. There were no reports from the Constitutional Officers. DOG WARDEN - REPORT AND CLAIM - CLARENCE TURNER - APPROVED Mr. Harold Whitacre appeared before the Board and presented his monthly report, and a claim submitted by Mr'. Clarence Turner for a turkey hen. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the claim for livestock kill of Clarence Turner of Gainesboro Magisterial District for one turkey hen in the amount of $8.00. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. FOR L L L OF DR. SAM WHITACRE - TABLED 12 There was lengthy discussion as to whether the County should pay the claim for livestock kill of four sheep submitted by'Dr. Sam Whitacre inasmuch as the owner of the dog was known. Mr. Renalds presented a letter from the owner of the dog, Mr. Donald Dodson, stating that he was financially unable to pay the claim. Mr. Madigan moved to rescind the action taken by the Board on February 12, 1975, wherein the Board voted to pay this claim should it be determined that Mr. Dodson was unable to pay same. This motion was seconded by Dennis T. Cole and passed unanimously. Mr. Madigan requested an opinion from the Commonwealth Attorney as to the liability of the County in this claim. Mr. Ambrogi stated that in his opinion the that the owner of the dog would be responsible. County would be liable for the claim if there was not a County ordinance providing Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board'of Supervisors of the County of Frederick, Virginia, does herein approve the claim of Dr. Sam Whitacre for a livestock kill of 4 sheep in the amount of $20.00 each or a total of $80.00. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ION PROVI - APPRnVR IAT M ALE DOGS BE XED UPON ADOPTION FROM THE Upon motion made by Dennis T. Cole and seconded by Robert Russell, BE IT RESOLVED, That the Board, of Supervisors of the County of Frederick, Virginia, does herein direct that all male dogs adopted from the Frederick County Dog Kennel be unsexed at the expense of the person adopting said dog, said fee to be remitted to the Dog Warden and subsequently transmitted by the County of Frederick to the veterinarian designated to perform said services. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • • •1. J Ll FORTY HOUR WORK WEEK FOR DOG WARDEN DISCUSSED 169 Mr. Madigan presented a proposal wherein the work week for the County Dog Warden would be limited to forty hours. Mr. Cole stated that he felt this matter should be sent back to committee for further study before a final decision is- rendered. The Board agreed to take this matter under advisement for further study befor a final decision is rendered. The Board recessed at 5:00 P. Y. for dinner, said meeting to be reconvened at 7:00 P. M. The Board reconvened at 7:00 P. M. The Chairman called the meeting to order. • BID FOR:RENOVATION OF A & N STORE PROPERTY - S & S CONSTRUCTION COMPANY - APPROVED Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein award the contract for renovation of the A & N'Store facilities for use as a Board Room to S & S. Construction Company to include both removal of a bearing wall and replacement with necessary supporting structure in the amount of $4,400.00, inasmuch as this was the low bid submitted on the project; and, • BE IT FURTHER RESOLVED, That the Board does herein award the contract for the construction of a fire escape in the amount of $1,705 to S & S Construction Company, this being the only bid submitted. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. bTr:Yb HNU YUMUH kUX UUNULM'Ub UN tfYM1L 3U1'ri HNU DU-X 1ST - HYYKUVr.0 Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the request of the Shenandoah.Apple Blossom Festival for use of the steps and porch of the County Courthouse for concerts to be held on ' April 30th and May 1st. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AUTHORIZATION OF CHAIRMAN AND COUNTY ADMINISTRATOR TO EXECUTE AGREEMENT FOR INSTALLATION OF STREET LIGHT IN COUNTY COURT YARD - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize the Chairman of the Board and the County Admin- istrator to execute an agreement with Potomac Edison Company for the installation and service charge for a streetlight on the Frederick County Courthouse property, said monthly cost to be $5.70. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole; Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. TOM D. HALTERMAN QUOTATION FOR LETTERING WORK ON CONTAINER SITE SIGNS - APPROVED Mr. Renalds read the quotations received for lettering work on container site signs, stating that the quotations ranged.from $14.00 per sign (this being the quotation of Tom Halterman) to approwimately $40.00 each (this being the quotation 0 170 of Taylormade). Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of-Supervisors of the County of Frederick, Virginia, does herein approve and accept the quotation of Tom D. Halterman for lettering work on container site signs in the amount of $14.00 each. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. SCHEDULE OF FEES FOR BUILDING PERMITS - APPROVED Mr. Sandy presented the proposed schedule of fees for building permits as recommended by the Committee on Engineering and Code Enforcement. Mr. Cole stated that he did not feel this schedule was fair inasmuch as everyone would be required to pay five cents per square foot regardless of what structure they were building, i.e. whether it'be expensive or inexpensively built. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the,following schedule of fees for building permits in Frederick County. On the following buildings or structures the permit fee shall be based on .05 per square foot. i 1 One and two family dwellings, townhouses, apartments, vaction homes, restaurants, motels, hotels, remodeling and additions to above. warehouses .02 cents per square foot. Commercial and industrial .03 cents per square foot. Utility and accessory buildings Garages Carports Swimming pools - private Swimming pools - other - of 1% of actual cost Re- roofing structures Re- siding structures The minimum fee shall be No fee shall be charged for construction costing less than $200.00 There shall be a minimum fee of $25.00 for any structure involving three (3) or more inspections Charitable and non profit organizations shall be exempt from fees. There shall be an additional fee of $10.00 for not calling for required inspections. $ 7.50 10.00 10.00 15.00 7.50 7.50 7.50 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Nay. SHERIFF'S DEPARTMENT - APPROPRIATIONS TRANSFERS - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that in accordance with Section 14.1 -73.2 of the Code of Virginia, 1950, as amended, by the 1974 General Assembly which establishes a schedule of salary increases effective February 1, 1975, for all full time deputies who are law enforcement puties or primarily correctional officers and who have met the requirements of the iminal Justice Officers Training.Standards Commission, the following appropriatio; • • • • 171 transfers within the 1974 -75 budget are hereby authorized in order that law enforcement officers of Frederick County who have complied with the above require- ' ments may be placed on the salary scale at the appropriate level effective February 1, 1975: Transfer From: 06- 006A -106P $ 2,389.74 06- 006B -106E 3,952.14 $ 6,341.88 • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. RESOLUTION REQUESTING THAT THE SHERIFF MAKE PROVISIONS FOR THE NECESSARY SCHOOLING warn nr.r.m rr+rnrmrnwi nr+ nnnnnnisr r+r ann Lr,1TT 0MAMV nnMnCMCTTTnM D^hDn DVTMDTTDCVMWh7M - Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request the Sheriff of Frederick County to make provisions Transfer To: for the necessary schooling and certification of all personnel in his department not presently certified by the State to receive full State Compensation Board • reimbursement in order to get full State reimbursement. 06- 006A -106E D. L. Anderson $ 107.10 • ORDINANCES - ..FIRST AND SECOND 'READING 06- 006A -106F 06- 006A -106G H. R. D. A. Smoke, Jr. Kline 97.06 183.31 06- 006A -106I C. W. Brill, Jr. 143.75 06- 006A -106J R. J. Whitacre, Jr. 143.75 06- 006A -106L L. C. Riley, Jr. 263.75 06- 006A -106M C. W. Washington 725.51 06- 006A -106N J. A. Johnson 725.51 06- 006B -106B T. E. Tangemen 246.42 06- 006B -106C J. S. Washington 439:00 06- 006B -106D J. A. Clark 450.00 06- 006B -106F D. G. Anderson 1,234.12 06- 006C -106A R. C. Eckman 543.58 06- 006C -106C J. D. Rudolph 477.35 06- 006C -106D C. W. Brill, III 561.67 Total $ 6,341.88 • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. RESOLUTION REQUESTING THAT THE SHERIFF MAKE PROVISIONS FOR THE NECESSARY SCHOOLING warn nr.r.m rr+rnrmrnwi nr+ nnnnnnisr r+r ann Lr,1TT 0MAMV nnMnCMCTTTnM D^hDn DVTMDTTDCVMWh7M - Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, the best of his knowledge they had not. Mr. Madigan -then requested that the landowners be contacted in order that they. t meet together to discuss this matter and a recommendation could be made to the Board. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table for thirty (30) days the application of Francis P. Lages to rezone 5.363 acres, more or less, in Shawnee Magisterial District from Business, Limited (B -1) to Buisness, General (B -2), in order that the landowners in this area might be contacted and their input might be utilized in the prepara of a recommendation to the Board of Supervisors relative to the preferred zoning of Virginia, does herein request the Sheriff of Frederick County to make provisions for the necessary schooling and certification of all personnel in his department not presently certified by the State to receive full State Compensation Board • reimbursement in order to get full State reimbursement. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ORDINANCES - ..FIRST AND SECOND 'READING AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 5.363 ACRES OF FRANCIS P. LAGES - SHAWNEE MAGISTERIAL DISTRICT - TABLED There was lengthy discussion on the application for rezoning of Francis P. • Lages and Mr. Madigan asked if the landowners of property in this area had met to discuss preference as to what this area should be zoned.- Berg stated that to the best of his knowledge they had not. Mr. Madigan -then requested that the landowners be contacted in order that they. t meet together to discuss this matter and a recommendation could be made to the Board. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table for thirty (30) days the application of Francis P. Lages to rezone 5.363 acres, more or less, in Shawnee Magisterial District from Business, Limited (B -1) to Buisness, General (B -2), in order that the landowners in this area might be contacted and their input might be utilized in the prepara of a recommendation to the Board of Supervisors relative to the preferred zoning of '17 2 property in this area. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ' and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 18 -5 -1 - FIRST AND SECOND READING - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on first and second reading, the following ordinance AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED • NOVEMBER 1, 1973, TO AMEND SECTION 18 -5 -1 TO READ: IN ALL RESIDENTIAL DISTRICTS THERE SHALL BE PROVIDED EITHER IN A PRIVATE GARAGE OR ON THE LOT, SPACE FOR THE PARKING OF TWO (2) AUTOMOBILES FOR EACH DWELLING UNIT IN A NEW BUILDING', OR EACH DWELLING UNIT ADDED IN THE CASE OF THE ENLARGEMENT OF AN EXISTING BUILDING; SUCH PARKING SPACE SHOULD BE BEHIND THE SETBACK LINE. NO COMMERCIAL VEHICLES OR TRACTOR - TRAILERS WITH RATED CAPACITY OF MORE THAN ONE (1) TON SHALL BE PARKED IN A RESIDENTIAL DISTRICT. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; , and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING.ORDINANCE ADOPTED NOVEMBER 1, • 1973. TO AMEND SECTION 23 -46 - FIRST AND SECOND READING - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virignia, does herein approve, on first and second reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 23 -46 TO READ: LOT: A PARCEL OF LAND OCCUPIED OR TO BE OCCUPIED BY A MAIN STRUCTURE OR GROUP OF MAIN STRUCTURES, TOGETHER WITH SUCH YARDS AND OPEN SPACES AS REQUIRED AND HAVING FRONTAGE UPON A STREET EITHER SHOWN ON A PLAT OF RECORD OR CONSIDERED AS A UNIT OF PROPERTY AND DESCRIBED BY METES AND BOUNDS. MINIMUM LOT WIDTH AND MINIMUM LOT AREA AS REQUIRED BY THE ORDINANCE SHALL BE COMPUTED ON DRY, BUILDABLE LAND AND SHALL NOT INCLUDE II • LAKES, PONDS, STREAMS OR RIVER AREA. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; , and Richard F. Madigan,' Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 10 -1 -1 - FIRST AND SECOND READING - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on first and second reading, the following ordinance: • AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 10 -1 -1 TO READ: RETAIL STORES AND PUBLIC AUCTIONS The above resolution was passed by' -the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. OF FRANK BRUMBACK, BOARD OF ZONING APPEALS: MAURICE PERRY, PLANNING II I ILLIAM B. MCCORMICK, RECREATION COMMISSION; AND T. G. ADAMS' REQUEST a nDAnnnTMMVn Mn CAMTMhMTnM af7TRnPTTV - ArrRPTRn Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept the letters of resignation from the individuals li u -� 173 below and does direct that a letter of appreciation be sent to each person expressing the gratitude of the Board.for the services rendered by these individ- uals: 1. Frank Brumback - Resignation from Board of Zoning Appeals 2. Maurice W. Perry - Resignation from Planning.Commission 3. T. G. Adams - Request that he not be reappointed to Frederick County Sanitation Authority 4. William B. McCormick - Resignation from and Recreation Commission The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. FRANK BRUMBACK - APPOINTMENT TO FREDERICK COUNTY PLANNING COMMISSION - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the.County of Frederick, � J • Virignia does herein appoint Frank H. Brumback to the Frederick County Planning Commission as the representative from Back Creek Magisterial District to fill the unexpired term of Maurice W. Perry, said term to expire on February 13, 1977. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. JAMES ROBESON - APPOINTMENT TO FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the Codnty of Frederick, • 1 Virginia, does hereby appoint James Robeson to the Frederick County Sanitation Authority as the representative from Back Creek Magisterial District for a four year term, said appointment to become effective on April 15., 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ADJUSTMENT OF TERMS OF CHAPTER 10 BOARD APPOINTMENTS - APPROVED Mr. Renalds stated that Mr. James Sumption, Chairman of the Chapter 10 Board, has requested that the terms of the Chapter 10 Board members be amended to expire at the end of the calendar year rather than at various months throughout the year. He further stated that Warren County and Clarke County had both agreed to this amendment and had already adjusted the terms of their members on the Board. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the adjustment to the terms of Frederick County's members on the Chapter 10 Board as requested by Mr. James Sumption, Chairman, said terms to be as follows: James Sumption Robert N.. Sowers Mrs. Joseph Sharp Rev.-Warren Reeves 9 -25 -74 - 12 -31 -77 9 -25 -74 - 12- 31 - -77 9 -25 -74 - 12 -31 -76 9 -25 -74 - 12 -31 -75 The above.resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. HUBERT STRATTON - REAPPOINTMENT TO BOARD OF BUILDING APPEALS - APPROVED 174. Upon motion made by F. Madigan and secondec by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the reappointment of Hubert Stratton to the Board of Building Appeals for a five year term, said term to be retroactive to June 26, 1974 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PUBLIC HEARINGS DINANCE TO AMEND THE FREDERICK COUNTY ZOINING ORDINANCE ADOPTED NOVEMBER 1, TO REZONE 0.846 ACRES, MORE OR LESS, OF W. H. EMMART AND SON,INC..',.. IN BAC MAGISTERIAL DISTRICT FROM INDUSTRIAL, LIMITED (M -1) TO BUSINESS, GENERAL (B AND FINAL READING - APPROVED Mr. Sandy presented this ordinance on thud and final reading. There was no opposition. Upom motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein.approve the following ordinance on third and final reading: AN ORDINANNE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 0.846 ACRES, MORE OR LESS, OF W. H. EMMART AND SON,.INC.:, FRONTING 200 FEET ON THE WEST SIDE OF ROUTE 11 SOUTH APPROXIMATELY ONE (1) MILE SOUTH OF THE WINCHESTER CITY LIMITS: IN BACK CREEK MAGISTERIAL DISTRICT FROM INDUSTRIAL, LIMITED (M -1) TO BUSINESS, GENERAL (B -2). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. FREDERICK COUNTY ZONING 1 Mr. Sandy presented this ordinance on third and final reading. There was no opposition. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors-of the County of Frederick, Virginia 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 REZONE 4.104 ACRES, MORE OR LESS, OF JOSE V. AND LESSIE L. ESPINOZA, LOCATED ON THE EAST SIDE OF ROUTE 11 NORTH, APPROXIMATELY SIX - TENTHS (6/10) MILES NORTH OF INTERSECTION WITH ROUTE 661 EAST; IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, - GENERAL (R -3) TO AGRICULTURAL, GENERAL (A -2). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REQUESTS FOR REFUNDS - PATTON - STILLIONS - SMITH - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That'the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following tax refunds as recommended by the Commissioner of Revenue: 1. Mr. and Mrs. Harold D. Patton - $170.02 reimbursement of 508 assessment on Real Estates taxes for 1974 erroneously charged. 2. Mr. Noah I Stillions, Jr. - $15.00 reimbursement for erroneous purchase of mobile home sticker 3. Ms. Georgia Smith - $25.00 reimbursement for personal property taxes erroneously paid The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; L • I • • • and Richard F. Madigan, Aye. 175 REQUEST FROM SANITATION AUTHORITY FOR BUDGET FUNDS - APPROVED Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that a loan in the amount of $15,834.51 is hereby authorized to the'Frederick County Sanitation Authority. BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended • from budget code 10- 01OH -902B 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 as approved by this Board at a regular meeting held April 12, 1972, and is subject to the terms so established on that date. BE IT FURTHER RESOLVED, That the breakdown of the abovementioned loan shall be as follows: Perry Engineer (pump sta.) CSC Equipment Co. (Redbud) EcolSciences, Inc. $ 5,209.71 8,804.80 1,820.00 Total •15,834.51 The above resolution was passed by the following recorded vote: Raymond C. is Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye;•Richard F. Madigan, Aye; and Dennis T. Cole, Abstaining. ITATION AUTHORITY MONTHLY REPORT - ACCEPTED After review, the monthly report of the Sanitation Authority was accepted. STATEMENT PRESENTED BY FREDERICK COUNTY ENVIRONMENTAL COUNCIL Mr. Mason Larwood, appeared before the Board representing the Frederick County Environmental Council and presented a statement relative to alternatives which the Environmental Council felt the Sanitation Authority might pursue with regard to the best method of waste disposal. Mr. Koontz stated that the Sanitation Authority had contacted the State Water • Control Board regarding several of these proposed methods and had been advised that they were not suitable for our area. Mr. Sandy thanked Mr. Larwood for his presentation. PROPOSAL FOR ENLARGEMENT OF FREDERICK COUNTY BOARD OF SUPERVISORS - DEFEATED Mr. Sandy requested Mr. Ambrogi to advise the Board as to the sections of the Code providing for the enlargement of the Board of Supervisors and for the estab- lishment of staggered terms of the Board members. Mr. Ambrogi read several sections of the Code pertaining to these two items. Mr. Cole stated that he felt the Board should be enlarged to ten members, two • from each magisterial district, inasmuch as there were not enough Board members to serve on the various committees and therefore county employees were serving on these committees as voting members which he did not feel was proper. Mr. Madigan stated that he felt there would be complications with two board members from each district and that he felt redistricting was the answer. Mr. Russell stated that he had talked to a number of Frederick County ci and.had found that there was a lot of interest in a ten member board. He also stated that he had received calls and talked to citizens who were opposed to a ten member board. Mr. Russell stated that he felt there was a need for more represen- tation for the people but he did not feel redistricting was the answer inasmuch as this would cause many problems. Mr. Kenneth Stiles appeared before the Board in support of the enlargement of the Board and stated that he felt there was too much work involved for one 176 supervisor per district to handle efficiently and that he felt there was a definite need for a ten member board. He further stated that he felt the people of the County would have better representation with a ten member board and that the people of Frederick County wanted a ten member board. Mr. Stiles stated that he was convinced that a larger board would encourage more citizen participation in govern- ment and would prevent Frederick County from going to a full time paid Board of Supervisors. Mrs. Thelma Clore appeared before the Board in support of the enlargement of the Board and stated that she felt the ten member board was needed to provide good administration for the County. She further stated that she did not feel there would be a problem in getting good, qualified people to run should the board be enlarged. Several citizens in the audience spoke in favor of the ten member board. Mr. Shirley Carter appeared before the Board in opposition to the enlargement of the board and stated that he was opposed to this proposal inasmuch as he felt it would complicate citizen - supervisor communications. Upon motion made by Richard F. Madigan, seconded by Dennis T. Cole and passed unanimously, the Board recessed for twenty minutes. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson and passed unanimously, the Board reconvened. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT HEREBY RESOLVED, By the Board of Supervisors of Frederick County, Virgin =. ia, that in each magisterial district there shall be chosen by the qualified voters thereof, pursuant to Sections 15.1 -37.4 and 24.1 -88 of the Code of Virginia of 1950, as amended, at the general election in November, in the year ninteen hundred and seventy -five (1975), two County Supervisors from each said magisterial district, in addition to the Chairman of said County Board being elected by the voters at large. The above resolution was defeated by the following recorded vote:' Dennis- T. Cole, Aye; J. Robert Russell, Aye; Richard F. Madigan, Nay; Donald R. Hodgson, Nay; and Raymond C. Sandy, Nay. PROPOSAL FOR TERMS OF FREDERICK COUNTY BOARD OF SUPERVISORS TO BE STAGGERED - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R..Hodgson, BE IT RESOLVED, By the Frederick County Board of Supervisors that in accordance with Title 24.1, Chapter 6, Article 3, Section 24.1 -88'of the Code of Virginia, 1950, as amended, this Board does hereby provide by this resolution that the members of the Frederick County Board of Supervisors be hereby elected at the Regular Elec- tion in November, 1975, biennially for four -year terms: to -wit, three (3) members shall be elected for four -year terms and two (2) members elected for two -year terms at the Regular Election in November, 1975 and thereafter all members shall be elected for four -year terms, the terms determined by lot by the Electoral Board of Frederick County in accordance with Section 24.1 -88, of the Code of Virginia, 1950, . as amended, the term of the Chairman at Large being four years. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye. GRANT APPLICATION - ALCOHOL SAFETY ACTION PROGRAM - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, • • • • 177 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the grant application for submittal to the Lord Fairfax Planning District Commission for the Alcohol Safety Action Program contingent upon review by the County Administrator. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. DATE FOR BUDGET WORK SESSION SET The Board agreed to set the first budget work session for 1975 -76 for Thursday March 20, 1975, at 7:00 P. M. in the Board of Supervisors' Meeting Room, Square, Winchester, Virginia. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. S tketary Bd. of Supervisors r 1 At a Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the 26th day of March, 1975, in the Frederick County Courthouse, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order. APPROVAL OF MINUTES Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the minutes of the Regular Meeting of this Board held ' on March 12, 1975, as submitted. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. SALE OF WHITE HALL SCHOOL - APPROVED Dr. Melton Wright, Superintendent of Schools for Frederick County, appeared • before the Board and requested a unanimous approval from the Board for the sale of White Hall School at public auction inasmuch as the school is no longer in use. He explained that the Board of Supervisors must approve this request unanimously, as the School Board had done, otherwise the Circuit Court would have to be petitioned for the sale of the school. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia, hereby unanimously votes in favor of selling school property known as the White Hall School lying and being situate in the Stonewall Magisterial District, Frederick County, Virginia, by advertising once a week for four successive weeks 1n.a newspaper of general circulation in the Winchester - Frederick County area, to be sold at public auction in front of the Frederick County Courthouse. 178 BE IT FURTHER' - RESOLVED; That this resolution authorizes the School Board of Frederick County, Virginia, to sell the property cited above, all in accordance with Section 15.1 -262 of the Code of Virginia, 1950, as amended. ' The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REQUEST FROM SHENANDOAH A PPLE BLOSSOM FESTIVAL COMMITTEE - ART EXHIBIT - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, T. L. Chamouris, the proposed lessee of the BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, appeared before the Virginia, does herein approve the request of the Apple Blossom Festival Committee • for use of the Courthouse porch on May 2nd and 3rd,.1975, for an art exhibit. site plan for a self service The above resolution was passed by the following recorded vote: Raymond'C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Hodgson stated and Richard F. Madigan, Aye. property CONDITIONAL.USE PERMIT - GEORGE DYER - APPROVED Mr. Sandy stated that the application for conditional use'•permit of George ' Dyer had been tabled at the March 12, 1975 meeting in order to allow Mr. Russell, the original site the supervisor from the district wherein the permit is requested, more time to • study the application and view the property. Mr. Russell stated that he had looked Board. at the location and studied the application and he felt it was proper. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, Mr. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, that he still felt there was Virginia, does herein approve the application for conditional use permit of George hazard involved with Dyer for the location of a mobile home on his property located on Route 676 in the this type'of operation. Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Hodgson moved and Richard F. Madigan, Aye. • SITE PLAN - E. L. PETERS - SELF SERVICE GAS STATION - APPROVED Mr. Berg stated that since this site plan had been tabled at the March 12, , 1975 meeting, he and Mr. Renalds had viewed the proposed site, along with Mr. King of the Highway Department, and there does not appear to be any traffic hazard at this location. He further stated that the property meets all zoning requirements and that they had not at this time been able to determine the safety factors involved. Mr. T. L. Chamouris, the proposed lessee of the property, appeared before the • Board in support of the site plan for a self service gas station. Mr. Hodgson stated that the proposed use of the property does not conform to the original site plan for this property. Mr. Berg presented the original site plan for review by the Board. Mr. Hodgson stated that he still felt there was a safety hazard involved with this type'of operation. Mr. Hodgson moved to deny the site plan of E. L. Peters for a self service gas ' station. This motion was seconded by Richard F. Madigan and defeated by the following recorded vote: Donald R. Hodgson, Aye; Richard F. Madigan, Aye; Raymond C. Sandy, Nay; Dennis T. Cole, Nay; and J. Robert Russell, Nay. 175 • Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, , BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the site plan of E. L. Peters for the construction of a self service gas station on his property located on Senseny Road in Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Nay; and Richard F. Madigan, Nay. HIGHWAYa:DEP.ARTMENTb"� ANNUAL'2ROAD HEARING - FREDERICK COUNTY BACK CREEK DISTRICT - Mr. Richard F. Madigan TYPE IMPROVEMENT TRAFFIC REQUESTED ROUTE FROM TO REQUESTED LENGTH COUNT BY 625 Route 631 Route 649 Widen,. stabilize 1.90 44 -60 Alfred.Snapp and surface treat and 6 NEW ADDITION REQUESTS. % % . Off Route 50 - Lincoln Estates - From Route 50 to 1.50 Mi. S. Beverly Sherwood Petition • STONEWALL DISTRICT - Mr. D. T. Cole ROUTE FROM TO REQUESTED LENGTH COUNT BY 661 Route 11 Route 662 Improve curve& 1.10 325 D. T. Cole railroad tracks NEW ADDITION REQUESTS: • Off Route 739 - White Hall I. G. Norman Extension of Route 836 to the B & O Railroad 0.40 Esten O.Rudolph OPEQUON DISTRICT - Mr. Raymond C. Sandy 663 Route 661 Route 673 Correct drainage 0.50 240 Herbert 625 Route 627 Route 624 Widen & stabilize 1.00 53 -63 James Garrett Brelsford and 6 ' 636 Petition 2.00 Mi.N. 665 Route 672 End hard Blade & gravel 0.86 31 Mrs.Robt.Stile and 3- Petitio: surface 642 1.15 Mi.W. Route 647 Widen bridge 666 0.85 Mi.N. Route 761 Widen, drainage & 1.05 29 Mrs.Robt.Carte • 52 Route 664 gravel Line 667 Route 672 End Maint. Improvements 0.70 57 James A. Stinac 670 Route 669 End.Maint. Widen, drainage,S.T. 0.60 12 Ava E. Hoover Petition 672 Route 11 W.Int..Rt.667 Widen shoulders 1.70 830 D. T. Cole 1467 761 Route 664 Clarke Co. Improvements 1.79 289 D. T. Cole Line 430 NEW ADDITION REQUESTS: • Off Route 739 - White Hall I. G. Norman Extension of Route 836 to the B & O Railroad 0.40 Esten O.Rudolph OPEQUON DISTRICT - Mr. Raymond C. Sandy ROUTE FROM TO TYPE IMPROVEMENT REQUESTED LENGTH TRAFFIC COUNT REQUESTED BY 625 Route 627 Route 624 Widen & stabilize 1.00 53 -63 James Garrett and 6 ' 636 Route 641 2.00 Mi.N. Improvements 2.00 40 Leonard White Rt. 641 and 3- Petitio: 642 1.15 Mi.W. Route 647 Widen bridge 659 Raymond Sandy 646 Route 522 Clarke Co. Widen & S.T. 0.30 52 Floyd Ritter Line Petition am • • • • I OPEQUON DISTRICT - Mr. Raymond C. Sandy (contd) TYPE IMPROVEMENT TRAFFIC REQUESTED ROUTE FROM TO REQUESTED LENGTH COUNT BY 647 0.40 Mi.N. Route 641 Daylight curve 0.10 655 Dr.Melton Wright Letter 735 Route 709 Warren Co. Widen & cut trees 3.80 53 -414 Bill Dowell Line 735 Route 709 Warren Co. Widen & improve 3.80 53 -414 Bill Grim Line sight distance Petition NEW ADDITION REQUESTS: Off Route 277 near Route 1020 E'.,M. Scothorn GAINESBORO DISTRICT - Mr. J. Robert Russell TYPE IMPROVEMENT TRAFFIC REQUESTED ROUTE FROM TO REQUESTED LENGTH COUNT BY 600 Route 694 Route 692 Blade & apply gravel_ 1.70 35 Robert Russell 671 Route 740 Route 681 Widen 1.60 81 Robert Russell 673 Route 522 Route 739 Blade & apply gravel 2.10 24 -162 Robert Russell 677 Route 739 Route 672 Blade & apply gravel 1.30 40 -104 Robert Russell 688 Route 522 2.20 Mi.S. Improvements 2.20 44 Robert Russell Route 522 689 Route 600 Route 600 Widen curves & 4.20 11 R. F. Dresel replace pipe Petition culverts 694 Route 522 Route 699 Blade & apply gravel 0.30 76 Robert Russell 699 Route 522 -Route 694 Blade & apply gravel 3.20 13 Robert Russell 733 Route 50 Route 605 Improvements 1.10 79 Robert Russell SHAWNEE DISTRICT - Mr. Donald R. Hodgson TYPE IMPROVEMENT TRAFFIC REQUESTED ROUTE FROM TO REQUESTED LENGTH COUNT BY 655 At Int. Route 50 Erect guard rail 1028 Mrs. Dennis Letter NEW ADDITION REQUEST: Off Route 50 - Between the Silver Diner & Wilkins' Service Station Donald Lockley Petition Boundary Avenue - Off Route 657 Ben Crim Petition Extension off Route 744 James R. Wilkins New road now under construction from Route 655 to the new landfill location. To be added upon completion of the road Board of Supervisors ANNOUNCEMENT OF PLANNING COMMISSION PUBLIC MEETINGS ON PROPOSED LAND USE PLAN Mr. Sandy announced that the Frederick County Planning Commission would hold public meetings to receive input from the public on the proposed Land Use Plan for Frederick County at the following dates and places: April 1 - Senseny Road School - 7:30 P. M. April 2 - Stonewall School (in cafeteria) - 7:30 P. M. April 3 - Friendly Grove Community Center - 7:30 P. M. April 8 - R. E. Aylor Jr. High School - 7:30 P. M. April 10 - Gainesboro Fire Hall - 7:30 P. M. Mr. Sandy urged all citizens to attend these meetings. • • • • I 181 X7C XXXXRXX FENCING OF COUNTY TRASH CONTAINER SITES TO BE STUDIED Mr. Sandy stated that he had received several complaints from county residents LJ concerning the blowing of trash from the county container sites onto adjoining property. He requested the County Administrator and the County Engineering Department to study the proposal of fencing these areas and report back to the Board at the next meeting. RECOMMENDATIONS FOR APPOINTMENT TO BOARD OF ZONING APPEALS - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. -Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein recommend the following individuals for appointment to the Board of Zoning Appeals, said appointment to fill the unexpired term of Frank Brumback: 1. Earl Cather 2. Dr. James Finan The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. DATE FOR BUDGET WORK SESSION SET The Board agreed to set the second budget work session for work on the 1975 -76 budget for Monday, March 31, 1975, at 3:00 P. M. in the Board of Supervisors' Meeting Room, said session to adjourn at approximately 5:00 P. M. for dinner and reconvene at 7:30 P. M. for a work session with the County School Board. REQUEST FOR FIRE SAFETY LIGHTS ON ROUTE 50 - TO BE STUDIED Mr. Robert Bauserman appeared before the Board and requested that fire safety lights be erected on Route 50 where the Round Hill Fire Company enters onto this road. He stated that the location would be where Old Route 50 crosses New Route 50, and there was a severe traffic hazard involved. • I Mr. King explained the procedure that must be followed in order to have lights such as these installed. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE-IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request the County Administrator to inquire into the feasi- bility and procedure for the installation of fire safety lights at the intersection of old Route 50 and new Route 50 where the Round Hill Fire Company enters onto new Route 50 and report back to the Board at the next regular meeting. E The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. DELMAR ROBINSON ADDRESSES BOARD RELATIVE TO REASSESSMENT Mr. Delmar Robinson appeared before the Board and stated that he felt the assessors had not done a satisfactory job in conducting the reassessment of property in the County. He further stated that he had found five errors in assessments made on property.. he owns in the County. Mr. Robinson stated that he felt the Board should look into the assessments made on properties in the County before paying for this service. Mr. Sandy stated that he also had appeared before the Board of Assessors regarding the assessment placed on his property. Mr. Cole stated that he agreed with several of the statements made by Mr. flag 182 Robinson. RESOLUTION REGARDING 'HUD FOR'WATER AND 'SEWER'FACILITIES - - =' APPROVED " Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, WHEREAS, The County of Frederick has filed a preapplication for funds for water and sewer facilities under.the Housing and Community Development Act of 1974 as early as December 31, 1974, and has received notification that the proposed project does not fall in the category of highest priority; and, WHEREAS, The Housing and Community Development Act of 1974 does provide for the construction of water and sewerage systems with funds under the Act; and, WHEREAS, The Act by its very title is intended to consider improvement of housing conditions and to assist in the development of a community; and, WHEREAS, The County's preapplication requests funds to construct water and sewerage systems to alleviate health hazards and upgrade the'quality of life in housing develpments of low to moderate income citizens and those of a "minority" group and to assist in the orderly development of communities in Frederick County; NOW THEREFORE BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does hereby urge the United States Department of Housing and Urban Development to give highest priority to the application of Frederick County inasmuch as a serious health hazard exists and the project cannot be funded with the current funds available and to be made available from other sources; and, BE IT FURTHER RESOLVED, That HUD be requested to submit to Frederick County the criteria used by the Richmond area office in assigning priorities and tentative allocations of funds under this program; and, BE IT FURTHER RESOLVED, That HUD be requested to advise the County immediately as to the feasibility of receiving funds under the Act during the current fiscal year; and, BE IT FURTHER RESOLVED, That HUD be requested to review and consider the County's application for funding during the fiscal year beginning July 1, 1975 should funding during the current calendar year not be available; and, BE IT FURTHER RESOLVED, That a copy of this resolution be filed with the Virginia State Delegates and Senator representing the Frederick County area and with the United States Congressman from the 7th Congressional District and ..: Virginia's U. S. Senators as well as the HUD office in Washington, D. C. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REPRESENTATIVES FROM SHOCK ADDRESS BOARD Mr. Ralph Ogle, spokesman for SHOCK,.�appeared before the Board and presented petitions containing approximately 8,000 signatures from residents in the Winchester Frederick County area opposed to the increasing cost of electricity. He stated that his group was requesting the help of the Board in alleviating this burden. Mr. Ogle then introduced Mr. Daniel Rupley, an attorney from the state of Maryland, who is currently working with SHOCK. Mr. Rupley addressed the Board relative to his opinions as to the reason for the high cost of electricity. He urged the Board to request'the State Corporation Commission to investigate outside the'State of Virginia to see whether or not the fuel adjustment charges being paid by Virgini citizens are subsidizing large industries outside the State. • • • • c J Mr. Ogle then requested financial assistance from the Board of Supervisors in order that SHOCK might continue their work to bring down the cost of electricity stating that he felt $10,000 would not be an excessive amount to expect. ' Il Mr. Sandy thanked the group for their presentation and - requested that they submit a request for funding in the very near future inasmuch as the budget is in the process of being prepared at this time. UPON MOTION, DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT • THE BOARD OF SUPRVISORS DO NOW ADJOURN. Se 'etary Bd. of Supervisors 0 At a Regular Meeting of the Board of Supervisors of the County of Frederick, • Virginia, held on the 9th day of April, 1975, in the Board of Supervisors Meeting Room, 9 Court Square, Winchester, Virignia. PRESENT: Raymond C. Sandy, Chairman, J. Robert Russell, Vice Chairman, Dennis T. Cole, Donald R. Hodgson, and Richard F. Madigan. The Chairman called the meeting to order. RESOLUTION REQUESTING AID FOR FREDERICK COUNTY CITIZENS FOR DAMAGE SUSTAINED IN SEVERE WINDSTO DURING APRIL 2ND THROUGH APRIL 7, 1975 - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, WHEREAS, The County of Frederick, Virginia has sustained substantial damage by a severe windstorm during April 2nd through April 7th, 1975; and, WHEREAS, The current estimated damage to property is $1,512,000; and, WHEREAS, The recovery from this natural disaster is beyond the immediate P i capability of the citizens of Frederick County and its local government; and, WHEREAS, The Frederick County Board of Supervisors does desire to make available to the citizens of this County assistance as may be made available through State and Federal agencies; NOW THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisors • that a natural disaster has occurred in Frederick County and that this Board requests aid for the citizens of Frederick County from the Governor, Mills E. Godwin, Jr., and from the Office of Emergency Services for the Commonwealth of Virginia. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, The above resolution was passed by the following recorded vote: Raymond C. Aye. COUNTY RECEIVES TWO NACo ACHIEVEMENT AWARDS Mr. Sandy read a letter received from the National Association of Counties 1 stating that Frederick County had been selected to receive two achievement awards for the programs "Learning to Swim in Frederick County" and the "General District Court Becomes Automated ". He stated that this is the second consecutive -year that Frederick County has been honored by the National Association of Counties; last year the County received an achievement award for improved County management and public service. PUBLIC MEETING SET TO DISCUSS LAND USE PLAN Mr. Sandy stated that the sixth meeting of the Planning Commission to receive input from the public on the Land Use Plan had been scheduled at the Stonewall ' School on Tuesday, May 6, 1975. Mr. Cole stated that he had requested that'the entire Planning Commission be present at this meeting to discuss this plan with the people and he had been advised that several ...members would be present at this meeting. APPROVAL OF MINUTES Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the minutes of the Regular Meeting of this Board held on March 26, 1975 as submitted. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Mr. Renalds stated that the Road Viewers listing was not included in these ' minutes as it had not been received from the Highway Department before the Agenda • went out and that each -Board member had been given a copy before the start of this • meeting for review. HIGHWAY DEPARTMENT REPORT Mr. Cole questioned Route 836 which was included on the petition. He asked if this was done at the Road Viewers meeting. He stated he would like to have this Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, section of the minutes carried over to the next Board meeting so that he might have a chance to review this report before voting on it. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the portion of the minutes of the regular meeting of this Board held on March 26, 1975 containing the petitions presented at the annual Road Hearings be carried forward•to the next regular meeting of this Board • in order that the Supervisors might have time to throughly review them. The above resolution was passed by the following recorded vote: Raymond C. ' Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. HIGHWAY DEPARTMENT REPORT Mr. King stated that he would request a date be given at the next meeting for the Road Viewing. The Board agreed to this request. AUTHORIZATION TO EXECUTE RIGHT -OF -WAY AGREEMENTS FOR THE GALLILEE CHURCH ROAD - • APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, By the Frederick County Board of-Supervisors that this Board does hereby authorize the Chairman and the County'Administrator to execute the right -of -way agreements for the Gallilee Church Road as the County's acceptance of the conveyance of title to this right -of -way from the owners to the County of Frederick, Virginia. The above resolution was passed by the following recorded vote: Raymond C. ' Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ..11 and Richard F. Madigan, Aye.' - REQUEST FOR IN Mr. Roy Williams appeared before the Board representing the Health Department - 185 J and gave a brief report on the rabies problem which is on the increase in Frederick County. He requested that the Health Department be allowed to request trappers to come into the County to help control the problem. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does hereby authorize and request the Director of the Winchester- Freder County Health Department to request state trappers to come into Frederick County for the purpose of controlling the increasing problem of rabid foxes within the county. The above resolution was passed by the follwoing recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REPRESENTATIVE FROM STATE DEPARTMENT OF TAXATION APPEARS BEFORE BOARD Mr. Otha Fraher appeared before the Board to discuss the reassessment recently \J conducted in Frederick County. Mr. Sandy stated the Boards instructions to the assessors before this reassessment began were that the County would pay for the reassessment regardless of the amount of time involved; that they were primarily interested in a fair assessment. He further stated that he did not feel the County had received a fair assessment. He further stated the County had paid $150,000 for this assessment and he felt the County had not received the services they had paid for. Mr. Cole cited several instances wher-ein'he had received complaints that the assessment was not a fair one. He further stated that he had received several complaints about religion being promoted by the assessors. There followed a lengthy discussion on the reassessment relative to the • procedures used, the means of appeal, etc. REQUEST FROM SANITATION AUTHORITY FOR BUDGET FUNDS - APPROVED Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that a loan in the amount of $44,949.52 is hereby authorized to the Frederick County Sanitation Authority; and, BE'.IT FURTHER RESOLVED, That said funds are herein authorized to be expended is from budget code 10- 01OH -902B 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 as approved by this Board at a regular meeting held on April 12, 1972, and is subject to the terms so established on that date; and, BE IT FURTHER RESOLVED, That the breakdown of the abovementioned loan shall be as follows: Perry Engineer EcolSciences, Inc. CSC Equipment Co. Penn Central RR $34,881.15 6,800.00 2,028.37 1,240:00 TOTAL $44,949.52 The above resolution was passed by the following recorded vote: Raymond C. Sandy,Aye; J. Robert Russell, Aye; Dennis.T. Cole, Abstaining; and Donald R. Hodgson, Aye. SANITATION AUTHORITY - PROPOSED PROJECT - EXTENSION OF WATER LINES ALONG ROUTE 277 DENIED Mr. Sandy stated he would not be against running this line to take care of the persons that need the services on Route.277, but he would be against extending i the lines to take care of Camp 7 and other large enterprises. Mr. Cole stated that there were a number of places in Frederick County that needed water lines and he did not feel that tax money which was paid by the citizens , of Frederick County should be used to extend water lines into Clarke County. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Frederick County Board of Supervisors does herein deny the request of the Frederick County Sanitation Authority for the installation of water line along Route 277 for a distance of approximately 5 miles and does direct that the Sanitation Authority investigate further the areas in the County where water services have previously been requested. • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. CONDITIONAL USE PERMITS - PURTLEBAUGH, SELBY, MACOMBER - APPROVED Upon motion made by J. Robert Russell 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 Conditional Use Permits for mobile , homes: 1. M. J. Purtlebaugh - Back Creek District • 2. Ray L. Selby - Gainesboro District 3. Charles H. Macomber - Gainesboro District The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis-.T. Cole, Aye; and Donald R. Hodgson, Aye. AN ORDINANCE TO AMEND THE FREDERICK ORDINANCE 1,197 (B -2) - FIRST AND SECOND READING - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the following ordinance on first and second reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED , NOVEMBER 1, 1973 TO REZONE 2.75 ACRES, MORE OR LESS, OF JAMES L. BOWMAN AND FRED L. GLAIZE, III, LOCATED ON THE WEST SIDE OF ROUTE 11 SOUTH, APPROXIMATELY SEVEN - TENTHS (7/10) MILES -SOUTH OF STEPHENS CITY LIMITS; IN OPEQUON MAGISTERIAL DISTRICT; FROM INDUSTRIAL, GENERAL (M -2) TO BUSINESS, GENERAL (B -2) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. E TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER T,197.3 • .952 ACRES, MORE OR LESS OF T. G. ADA145 AND ROSALIE F. ADAMS IN BACK rERIAL DISTRICT FROM (B -2) to (M -2), 2.487 ACRES; (M -1) TO (R -3) 0.80 r. w_11 Mn in_91 9 (,Rq ArRRRe and (M -11 TO (B -2 ) 0.980 ACRES - FIRST r -•'' Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following ordinance on first and second reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED . NOVEMBER 1, 1973 TO REZONE 6.952 ACRES, MORE OR LESS OF T. G. ADAMS AND ROSALIE F. ADAMS, LOCATED ON THE WEST SIDE OF ROUTE 11 SOUTH, , APPROXIMATELY ONE AND ONE -TENTH (1.1) Miles South OF WINCHESTER CITY LIMITS; IN BACK CREEK MAGISTERIAL DISTRICT: FROM: 1. BUSINESS GENERAL (B -2) TO INDUSTRIAL, GENERAL (M -2) 2.487 ACRES. 2. INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3) 0.80 ACRES. 3. RESIDENTIAL, GENERAL (R -3) AND INDUSTRIAL, LIMITED (M -1) TO BUSINESS, GENERAL (B -2) 2.685 ACRES. -187 4. INDUSTRIAL, LIMITED (M -1) TO BUSINESS, GENERAL (B -2) 0.980 ACRES. Mr. Berg stated he had no new information concerning the views of the land- owners in the area of this requested rezoning. Mr. Sandy stated that this rezoning had been tabled from the March 12, 1975, • meeting in order that the landowners might reach a decision as to what they wanted to do with this property and if they could not reach a decision he could see no reason for continuing the rezoning. He further stated that he would be reluctant to advertise on third and final reading with out getting a• response from the land- owners involved. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve this ordinance on first and second reading and agrees to delay any further action until such time as the landowners in the area reach a decision as to what they desire the zoning of the property in the area to be. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. DOG WARDEN - REPORT AND CLAIMS - ADAMS, GARVER, AND BROWN - APPROVED Mr. Whitacre appeared before the Board and presented his monthly report and three claims for livestock kills. Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, E Virginia, does herein approve the following claims for livestock kills:' 1. Karen Adams - Gainesboro District - 1 calf - $30.00 2. Eli Garver - Gainesboro District - 8 chickens @$1.00 = $8.00 3. R. W. Brown - Stonewall District - 26 chickens @$2.00 = $52.00 3 ducks @$1.50 = $4.50 The above resolution was-passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. OF BILLS • Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the bills for the month of March, 1975 in the amount of $135,271.04 and does order the same paid by Warrants #09393 - #09537 and #09539 - #09590. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. Upon motion made by Dennis T. Cole and seconded by Donald E. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia doe's herein approve the Payroll for the month -of March, 1975, in the amount of $63,577.91 and does order the same paid by Warrants #09287 - #09392: The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. The above resolution was passed by the following recorded vote: Raymond C. ' Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson,Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 197 TO REZONE 5.363 ACRES, MORE OR LESS, OF FR P. LAGES IN SHAWNEE MAGISTERIAL DISTRICT; FROM BUSINESS LIMITED (B -1) TO BUSINESS,•GENERAL (B -2) - FIRST AND SECOND Mr. Berg stated he had no new information concerning the views of the land- owners in the area of this requested rezoning. Mr. Sandy stated that this rezoning had been tabled from the March 12, 1975, • meeting in order that the landowners might reach a decision as to what they wanted to do with this property and if they could not reach a decision he could see no reason for continuing the rezoning. He further stated that he would be reluctant to advertise on third and final reading with out getting a• response from the land- owners involved. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve this ordinance on first and second reading and agrees to delay any further action until such time as the landowners in the area reach a decision as to what they desire the zoning of the property in the area to be. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. DOG WARDEN - REPORT AND CLAIMS - ADAMS, GARVER, AND BROWN - APPROVED Mr. Whitacre appeared before the Board and presented his monthly report and three claims for livestock kills. Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, E Virginia, does herein approve the following claims for livestock kills:' 1. Karen Adams - Gainesboro District - 1 calf - $30.00 2. Eli Garver - Gainesboro District - 8 chickens @$1.00 = $8.00 3. R. W. Brown - Stonewall District - 26 chickens @$2.00 = $52.00 3 ducks @$1.50 = $4.50 The above resolution was-passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. OF BILLS • Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the bills for the month of March, 1975 in the amount of $135,271.04 and does order the same paid by Warrants #09393 - #09537 and #09539 - #09590. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. Upon motion made by Dennis T. Cole and seconded by Donald E. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia doe's herein approve the Payroll for the month -of March, 1975, in the amount of $63,577.91 and does order the same paid by Warrants #09287 - #09392: The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. VW*. DONALD WELCH - APPOINTED TO PARKS AND•RECREATION COMMISSION TO REPRESENT OPEQUON DISTRICT - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, II ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virignia, does herein appoint Mr. Donald Welch to represent Opequon District to Parks and Recreation Commission to fill the unexpired term of Mr. William The above resolution wasipassed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, FROM FREDERICK COUNTY PARKS ZUREIGOLF COURSE - TABLED II • Mr. Robert Fletcher appeared before the Board and stated the Parks and Recreation Commission had considered having the lake at Clearbrook cleaned, but that due to the high cost involved, the - lowest bid being that of Perry Engineering of $46,000.00 it was decided to table that for the present. He further stated that he would like to request funds from the Board of Supervisors for the purpose of building a miniature golf course and lighting a second ball diamond. He stated he felt this would be a big asset to the County ' and would also produce much needed revenue. Mr. Cole stated that he felt with the economy being what is is he did not feel • the.miniature golf course should be built at this time. He further stated that he did feel the second ball diamond should be lighted at this time. Mr. Cole requested the Park be kept open an hour later. Mr. Fletcher stated that he would relay-this request to the Parks and Recreation Commission for recommendation. Upon motion made by Dennis T.-Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request of the County Parks and Recreation Commission for funds to light an additional softball diamond at Clearbrook Park • and does herein table the request of the Commission for the construction of a miniature golf course at Clearbrook Park, said request to be discussed at the next , regular meeting of the Board. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye REQUESTS FOR REFUNDS - RAUB SUPPLY - ANDREWS CONSTRUCTION COMPANY - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve a refund in the amount of $20.00. to Raub Supply, Inc. • for erroneous purchase of two county stickers. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve a refund in the amount of $91.50 to Andrews Construc- tion Company, Inc., said refund representing $21.50 refund on a plumbing permit issued in conjunction with Building Permit #1775 and $70.00 refund on Building Permit #1775 which was subsequently revoked. 189 3 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; J. Robert Russell, Aye; and Donald R. Hodgson, Aye. SUPPLEMENTAL APPROPRIATION - $800 - SNOW FENCING FOR CONTAINER SITES - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve a supplemental appropriation in the amount of Eight Hundred Dollars ($800.00) for the purchase of snow fencing to fence ten (10) container sites -at a cost of Eighty Dollars ($80.00) per site. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye AUTHORIZATION GIVEN TO THE CHAIRMAN AND THE COUNTY ADMINISTRATOR TO EXECUTE Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, ' Virginia does herein authorize the Chairman and the County Administrator to execute the contract for the transfer of two.street lights in Fredericktowne Subdivision • from Fredericktowne Company to the County which will in turn be paid for by charges to the property owners in that subdivision. The above resolution was passed by the following.recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. MINIMUM COST AMOUNT WHICH WOULD REQUIRE A BUILDING PERMIT INCREASED FROM $250 TO 500 - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein order that the minimum cost amount which would require a • I building permit be increased from $250.00 to $500.00. The above resolution was passed by the following recorded vote: Raymond C. ' Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye ENGINEERING COMMITTEE RECOMMENDATION THAT THE BOARD ELECT NOT TO TAKE FURTHER ACTI% ON REQUEST TO HAVE FIRE SAFETY LIGHTS INSTALLED ON ROUTE 50 AS REQUESTED BY ROUND HILL FIRE COMPANY - APPROVED Upon motion made by Dennis T.,Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein elect not to take further action to have a fire safety light installed on Route 50 in conjunction with the Round Hill Fire Company due to the • 11 following facts: A. The lights can not flash nor stay on longer than 60 seconds and the control unit must be attached to the door of the fire house. The distance from the fire house to Route 50 would not allow sufficient time to reach Route 50'within 60 seconds. B. There is a question as to whether the Virginia Department of Highways would grant the necessary permit since the type unit requested is intended for cities and towns where there is a site distance problem at the entrance to the fire hall itself. The site distance at this particular intersection is quite good. ' The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. RESOLUTION - FREDERICK COUNTY TO EMPTY CLARKE COUNTY CONTAINERS AT LANDFILL SITE - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, 190 BE IT RESOLVED, By the Frederick County Board of Supervisors that Frederick County does hereby agree to empty the containers placed by Clarke County at the entrance to the landfill site for a fee of $100 per week providing that-Clarke ' County provides the necessary containers to be set at this particular site. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Ayb; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. CLARKE COUNTY REQUEST FOR ASSISTANCE IN BUILDING INSPECTION - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the request of Clarke County for assistance in building inspection for a period of not more than sixty (60) days at a cost of $10.00 per hour plus mileage. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. ' REAPPOINTMENT OF LACY H. ANDERSON. SHERIFF AND LARRY R. AMBROGI, COMMON ORY COMMITTEE - APPROVED • Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the reappointment of Sheriff Lacy H. Anderson and Larry R. Ambrogi, Commonwealth Attorney, to serve on the Lord Fairfax Planning District Commission Criminal Justice Advisory Committee; this appointment to be for a one year term expiring on December 1, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. SITE PLAN - W. H. EMMART & SON,INC. - SELF - SERVICE GASOLINE STATION - APPROVED • Mr. Berg presented the site plan of W. H. Emmart and Son, Inc., for a self- service gas station and described the location of the property. ' Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the site plan of W. H. Emmart & Son, Inc., for a self- service gas station located on Route 11 South, approximately one (1) mile South of Winchester City Limits. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J.' Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Nay. SITE PLAN - CAPITOL RECORDS - WAREHOUSE FACILITY - APPROVED Mr. Berg presented the Site Plan of Capitol Records Distribution Center a warehouse facility. Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED,- That the Board of Supervisors of the County of Frederick, , Virginia does herein approve the site plan of Capitol Records Distribution Center for a warehouse located on the South side of Route 652 in Back Creek .... Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Doanld R. 191 f Hodgson, Aye. MONTHLY STAFF REPORT - ACCEPTED I After review the monthly staff report was accepted. i CONSTITUTIONAL OFFICERS REPORTS - 'ACCEPTED After review the monthly reports were accepted. LETTER OF APPRECIATION SENT TO TOM SCU FOR DONATION OF BRICKS USED BY COUNTY - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • li Virginia that this Board does hereby sincerely thank Mr. Tom Scully for his dona- tion of bricks which were used in the reconstruction of the sidewalk adjoining the Frederick County Administration Building. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye BOARD RECESSES UNTIL 7:00 P. M. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell and ' passed unanimously, the Board recessed for dinner to reconvene at 7:00 P. M. for the evening session of the Regular meeting. • BOARD RECONVENES The Board reconvened at 7:00 P. M. The Chairman called the meeting to order, MRS. BACCARY - MRS. BRAGG PRESENT DRAWING AND HISTORY OF FREDERICK COUNTY COURTHOUSE TO BOARD OF SUPERVISORS Mrs. Baccary, Frederick County Extension Agent, and Mrs. Bragg appeared before the Board and presented a drawing and history of the Frederick County Courthouse to be hung in the Board Room. Mr. Sandy accepted the drawing and thanked the ladies for their donation. REQUEST FROM WOODMAN OF THE WORLD FOR TAX EXEMPTION - TABLED • Mr. Harold Dawson appeared before the Board representing the Woodman of the World and requested that the property owned by the Woodman of the World be tax ' exempt inasmuch as they are a non - profit, charitable organization serving the community. Mr. Sandy stated that he thought this should be taken under advisement inasmuch as he felt other organizations would ask for tax exemption if it were granted to this particular organization. Mr. Cole stated he felt this should be tabled for thirty days in order that • the Commonwealth Attorney and the County Administrator might determine guidelines by which organizations might apply for tax exemption. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virignia, does herein table the request of Woodman of the World for tax exemption of their property in order that the Commonwealth Attorney and County Administrator might determine "guidelines by which organizations might apply for tax exemption ' the number of clubs in the County which would qualify for exemption. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, PUBLIC HEARINGS AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 18 -5 -1 - THIRD AND FINAL READING - APPROVED Big 192 Mr. Sandy presented this ordinance third and final reading. There was no opposition. Mr. Cole stated that he felt this amendment was necessary inasmuch as apart- ments had been constructed during the past several years with very limited parking space and further tractor trailers have been parking in subdivisions causing quite a few complaints. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, 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 SECTION 18 -5 -1 TO READ: IN ALL RESIDENTIAL DISTRICTS THERE'SHALL BE PROVIDED EITHER IN A PRIVATE GARAGE OR ON THE LOT, SPACE FOR THE PARKING OF TWO (2) AUTOMOBILES FOR EACH DWELLING UNIT IN A NEW BUILDING, OR EACH DWELLING UNIT ADDED IN THE CASE OF THE ENLARGEMENT OF AN EXISTING BUILDING; SUCH PARKING SPACE SHOULD BE BEHIND THE SETBACK LINE. NO COMMERCIAL VEHICLES OR TRACTOR - TRAILERS WITH RATED CAPACITY OF MORE THAN ONE (1) TON SHALL BE PARKED IN A RESIDENTIAL DISTRICT. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye E TO AMEND THE ZONING ORDINANCE ADING - APPROVED Mr. Sandy presented this ordinance on third and final reading. opposition. 1. 197 There was no Upon motion made by J. Robert Russell 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 ordinance on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 23 -46 TO READ: LOT: A PARCEL OF LAND OCCUPIED OR TO BE OCCUPIED BY A MAIN STRUCTURE OR GROUP OF MAIN STRUCTURES, TOGETHER WITH SUCH YARDS AND OPEN SPACES AS REQUIRED AND HAVING FRONTAGE UPON A STREET EITHER SHOWN ON A PLAT OR RECORD OR CONSIDERED AS A UNIT OF PROPERTY AND DESCRIBED BY METES AND BOUNDS. MINIMUM LOT WIDTH AND MINIMUM LOT AREA AS REQUIRED BY THE ORDINANCE SHALL BE COMPUTED ON DRY, BUILDABLE LAND AND SHALL NOT INCLUDE LAKES, PONDS, STREAMS, OR RIVER AREA. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye AN THE FREDERICK ADOPTED Mr. Sandy presented this ordinance on third and final reading. There was no opposition. Upon motion made by Donald R. Hodgson 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 ordinance on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 10 -1 -1 TO READ: RETAIL STORES AND PUBLIC AUCTIONS The.above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye REQUIREMENT - NEWLY PURCHASED MOBILE HOMES TO HAVE TIE DO DEVICES Mr. Cole stated that he had noticed a lot of mobile homes that had been during the recent windstorm and that he thought the County should have an ordinance stating that all newly purchased mobile homes as well as those moving into the County should be required to have this tie down device. He asked Mr. Berg to research this request and draft an ordinance setting forth this requirement. • L • • u • 193 Mr. Berg stated that this had been passed by the General Assembly during the past session and would go into effect in June. CLARKE- FREDERICK- WINCHESTER DESIGNATED - BICENTENNIAL COMMUNITY Mr. Renalds announced that the Clarke- Frederick - Winchester Communities have been designated Bicentennial communities and that an official bicentennial flag and certificate had been presented to the County designating.it as such. ANNOUNCEMENT OF FREDERICK- WINCHESTER SERVICE AUT GRANT - APPROVED Mr. Renalds announced that the Frederick - Winchester Service Authority had been awarded a Step I grant in the amount of $93,000 for the construction of a • regional wastewater treatment facility. APPLICATION FOR CETA TITLE I FUNDS B Y COUNTY FOR ASSISTANT DOG WARDEN - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board hereby grants authority to the County Administrator and his immediate staff to file application for CETA Title 'I funds relating to Public Service Employment for the ' position of assistant dog warden;.and, BE IT FURTHER RESOLVED, That the County Administrator act as the official • representative of the applicant to act in connection with the application and to provide such additional information as may be required; and, BE IT FURTHER RESOLVED, That if the application is approved by the proper authorities, the standard assurances and certifications will be complied with. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. REMINDER OF MAY 1, 1975 DEADLINE FOR FILING PERSONAL PROPERTY TAX RETURNS FOR 1974 Mr. Renalds stated that he would like to remind all County residents that • their Personal Property Tax Returns must be filed by May 1, 1975. He further statee a press release would be issued so that all County residents would be made aware of this fact. CANCELLATION OF SECOND REGULAR MEETING OF BOARD FOR MONTH OF APRIL 1975 - APPROVED Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board Supervisors of the County of Frederick, Virginia, does hereby cancel the second regular meeting of the Board fdr:the month of April, 1975. The above resoluiton was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye • DR. LANDES ADDRESSES BOARD RELATIVE TO PROPOSED BUDGET CUTS Dr. Brian Landes appeared before the Board and stated he was present at tonights meeting along with other County citizens who did not want to see the County budget cut if it meant cutting teachers salaries and school facilities. He urged the Board to give serious consideration to-.the proposed budget and I tax rate for fiscal year 1975 -76 so that education would not suffer because of such I II proposed cuts and the proposed low tax rate. GEORGE SNARR ADDRESSES BOARD Mr. George Snarr appeared before the Board and stated he -felt the Board should hear all sides before setting the tax rate. He stated that no one liked to pay taxes, but if it meant we had to pay higher taxes in order to update our schools, pay our teachers and provide quality education then he thought we should pay more s 194 taxes. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT , O THE BOARD OF SUPERVISORS DO NOW ADJOURN. S V etary Bd. of Supervisors At a Special Meeting of the Board of Supervisors of the County of Frederick, • Virginia, held on the 29th day of April, 1975, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman, J. Robert Russell, Vice Chairman, Dennis T. Cole, Donald R: Hodgson, and Richard F. Madigan. The Chairman called the meeting to order. WAIVER OF NOTICE OF SPECIAL MEETING ' Mr. Sandy read the following Waiver of Notice of Special Meeting setting forth 'the purpose of the meeting. He stated that the Waiver had been executed by all the • Board Members. WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned Members of the Board of Supervisors of Frederick County, Virginia, the Commonwealth Attorney and Clerk of the Board do hereby waive Notice of Special Meeting on the date of Tuesday, April 29, 1975, at 7:00 P. M. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, said meeting called for the following purposes: 1. A public hearing on Frederick County's application for funding under the Housing and Community Develop- ment Act of 1974. 2. Appropriation transfer for HUD grant consultation services and authorization for execution of consultant's contract and certifications resolution. • 3. Action on mobile home permits. 4. A joint meeting between the Board of Supervisors and the ' Parks and Recreation Commission. 5. Appointments to Parks and Recreation Commission. 6. Action on recommendations of Park's and Recreation Commission. /s/ Raymond C. Sandy Raymond C. Sandy, Chairman Opequon District /s/ J. R. Russell II • J. Robert Russell, Vice Chairman Gainesboro District /s/ Dennis T. Cole Dennis T. Cole Stonewall District %s/ Richard F. Madigan Richard F. Madigan Back Creek District /s/ Donald R. Hodgson Donald R. Hodgson Shawnee District , /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney /s/ J. O. Renalds, III J. O. Renalds, III Clerk of the Board of Supervisors I 195 ' II /s/ Ann K. Kelican Ann K. Kelican, Deputy C the Board of Supervisors - FREDERICK COUNTY APPLICATION UNDER HOUSING AND COMMUNITY DEVELOP- Mr. Renalds explained the application for funding which Frederick County will file for water and sewer facilities, stating that the County had filed a preappli- ion and now must determine whether or not they desire to file a full application. He stated that should a grant be approved in this fiscal year for a project in the • County, no additional funds would be made available Frederick County until such time as that particular project is completed. Mr. Renalds presented the priority listing for funding under the Community Development Act and stated that Frederick County was not on the priority list but on the contingency list. He stated that the staff felt the Freetown project was the most feasible one for which to request funding inasmuch as it is the one which can be completed in the shortest period of time. Mr. Renalds stated that the County could apply for funding for the other projects during fiscal year 1975 -1976. • Mr. Cole asked how many people in the Freetown area had requested water facilities and Mr. Renalds stated that he had not been contacted by anyone, however Mr. Koontz had been contacted by two people in this area. Mr. Cole stated that he felt the money should be applied for in the areas of the County where it had been asked for and needed the longest. Mr. Renalds stated that HUD would not have a large amount of money to grant Frederick County during this fiscal year and the staff felt if there would be any money granted it must be a small amount during this year. Mr. Cole stated that he felt Sunnyside was in dire need of the services and this area should be applied for first. • Mr. Hodgson asked if there was any indication as to how many people in Sunnyside would hook onto the water and sewer if it was available in the area and Mr. Koontz, Chairman of the Frederick County Sanitation Authority, stated that he felt approximately 858 of the people in Sunnyside would participate. Mr. Koontz stated that he was concerned that the County might lose all grant money if they decided to apply for the larger project during this fiscal year. Mr. Cole stated that he would still rather go ahead and apply for the Sunnysi project and should this not be approved, reapply in July for fiscal year 1975 -76. He further stated that the main lines are already in the area and the water lines • could be put in quite easily just as soon as the money is available. Mr. Madigan asked Mr. Koontz if the services could be provided in the Sunnysi area without a grant and Mr. Koontz stated that they could not. Mr. Russell stated that he felt the Sunnyside project was the number one priority in the County and he felt we would be letting the residents in this area down if we did not apply for funding for this project. ' There were no further comments from the Board members and Mr. Sandy asked for comments from the public. Mr. Raymond MacMillan stated that the citizens of Frederick County would rath see the services provided to areas that have been long established in the County rather than areas where new development would take place. Mr. Madigan stated that the Frederick County Sanitation Authority has within 11the past year and a half made more progress toward meeting the goals of the County than ever before. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein direct the County Administrator to proceed with a full appli- cation for grant funds under the Housing and Community Development Act of 1974 for funds in the approximate amount of $152,500 to provide water facilities in the Sunnyside area of Frederick County; and . BE IT FURTHER RESOLVED, That the above resolution shall be contingent upon the input received at the second public hearing to be held on May 7, 1975 at 3:00 P. M. in the Board meeting room. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROPRIATION TRANSFER FOR HUD GRANT CONSULTATION SERVICES - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, the following transfer of funds within the General Operating budget is hereby authorized: Transfer From 1 -011A -326 $5,000.00 Transfer To O1 -OO1G -326 $5,000.00 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AUTHORIZATION FOR EXECUTION OF CONSULTANTS CONTRACT - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein authorize and direct the County Administrator to execute the consultants contract with Wiley and Wilson, Inc. for the preparation of the final application for a Community Block Grant under the Housing and Community Development Act of 1974. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. CERTIFICATIONS RESOLUTION - APPROVED Upon motion.made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, By the Frederick County Board of Supervisors that this Board does hereby certify as follows with regard to the grant application and subsequent proposed funding for Frederick County under the Community Development Block Grant Program of the Housing and Community Development Act of 1974: 1. The County provides assurances that its local program will be conducted • • • • and administered in conformity with the various civil rights law. 1 2. The County certifies that the locality's has been designed to give maximum feasibility priority to activities benefiting low or moderate income Il families or aid in the prevention or elimination of slums or blight. 3. The County certifies it will comply with the provisions of the National Environmental Policy Act by assuming the responsibilities under the Act as the for the purposes of compliance with NEPA with regard to environmental reviews and statements where necessary. 4. The County will comply with the various provisions of the 1970 Uniform Relocation Assistance and Real.Property Acquisition Act. • 5 The County certifies that it will comply with the low income employment requirements established under the 1968 Housing Act. 6. The County will comply with the requirements of Federal Management Circular 74 -4 "Costs Principles Applicable to Grants and Contracts with State and Local Government," and with Federal Manangement Circular 74 -7 "Uniform Administra 0 Requirements for Grants -in -Aid to State and Local Governments ". • S. The County certifies that it will administer and enforce the labor 11standards requirements set forth in Section 570.605 of the Housing and Community Development Act of 1974 and with HUD regulations issued to implement such requirements. 9. The County certifies that should funding be forthcoming an annual performance report will be submitted in accordance with SEction 570.906 of the Housing and Community Development Act of 1974. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole,'Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • MOBILE HOME PERMITS - RITTER, CARLTON, BOYCE, CARTER, WINCHESTER MOBILE - HOMES, AND FREDERICK COUNTY ENGINEERING DEPARTMENT - APPROVED ' Upon motion made.by J. Robert Russell and seconded by Dennis T. Cole. BE RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following Mobile Home Permits: 1. Sharon K. Ritter - Stonewall District, Route 661 2. Gardner Carlton - Gainesboro District, The Knolls 3. Willard M. Boyce - Back Creek District, Off Route 608 4. Roger Carter - Shawnee District, Route 820 • 5. Winchester Mobile Homes - Shawnee District, Route 656 6. Frederick County Engineering Department - Shawnee District To be located at the Winchester - Frederick County Sanitary Landfill. The above resolution was passed bythe following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard T. Madigan, Aye. II SHENANDOAH APPLE BLOSSOM FESTIVAL REQUEST FOR USE OF COUNTY FACILITIES - APPROVED Mr. Renalds stated that he had received a request from the Shenandoah Apple Blossom Festival Committee to use the 1st floor of the County Administration Build- ing for the issuance of concession permits on the dates of May 1st and 2nd. The Board unanimously approved this request. ' 7 7. The County certifies that the requirements of OMB Circular No. A -95 with comments by clearing houses has been compled with. S. The County certifies that it will administer and enforce the labor 11standards requirements set forth in Section 570.605 of the Housing and Community Development Act of 1974 and with HUD regulations issued to implement such requirements. 9. The County certifies that should funding be forthcoming an annual performance report will be submitted in accordance with SEction 570.906 of the Housing and Community Development Act of 1974. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole,'Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • MOBILE HOME PERMITS - RITTER, CARLTON, BOYCE, CARTER, WINCHESTER MOBILE - HOMES, AND FREDERICK COUNTY ENGINEERING DEPARTMENT - APPROVED ' Upon motion made.by J. Robert Russell and seconded by Dennis T. Cole. BE RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following Mobile Home Permits: 1. Sharon K. Ritter - Stonewall District, Route 661 2. Gardner Carlton - Gainesboro District, The Knolls 3. Willard M. Boyce - Back Creek District, Off Route 608 4. Roger Carter - Shawnee District, Route 820 • 5. Winchester Mobile Homes - Shawnee District, Route 656 6. Frederick County Engineering Department - Shawnee District To be located at the Winchester - Frederick County Sanitary Landfill. The above resolution was passed bythe following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard T. Madigan, Aye. II SHENANDOAH APPLE BLOSSOM FESTIVAL REQUEST FOR USE OF COUNTY FACILITIES - APPROVED Mr. Renalds stated that he had received a request from the Shenandoah Apple Blossom Festival Committee to use the 1st floor of the County Administration Build- ing for the issuance of concession permits on the dates of May 1st and 2nd. The Board unanimously approved this request. •• REQUEST FOR ART SHOW ON COURTHOUSE GROUNDS TO BE CONSIDERED Mr. Fletcher stated that Mrs. Connie Martin had indicated -her desire to hold an art show on the Courthouse grounds on June 7, 1975. , The Board directed Mr. Renalds to correspond with Mrs. Martin on this request and report back to the Board. LOCATION FOR BUDGET HEARING DISCUSSED Renalds requested that the Board advise him as to the location they felt the budget hearing should be held inasmuch as it would have to be advertised in the near future. JOINT MEETING OF BOARD OF SUPERVISORS AND PARKS AND RECREATION COMMISSION • Mr. Sandy asked if there was a spokesman for the group. J Mr. George W. Walters, Chairman of Frederick County Parks and Recreation Commission, stated that the commission had four recommendations that they would to present to the Board. He stated that Mr. Fletcher would present these recom- RICKTOWNE - SECTION III - PARTIAL PAYMENT OF RECREATIONAL IMPACT FEE - RECEIVEDI , Mr. Fletcher presented a check in the amount of $10,000.00 plus which he had received as partial payment of the recreational impact fee.for Fredericktowne, II • Section III. FUNDS TRANSFER FOR RENOVATION OF GORE BALL FIELD - APPROVED Mr. Fletcher stated that the Gore ball fields are in dire need of renovation such as a new back stop, fencing and some grading and site work. He stated that the Commission would request $4,000.00 be transferred from Back Creek impact funds to finance this renovation and this must be done before permission is requested fr the School Board to do the work. Mr. Russell asked if the ball fields were on school property and Mr. Fletcher replied that this is correct. Mr. Madigan stated.he was looking forward to having a 20 or 30 acre recrea • tional area in that section of the county that serves the Gainesboro and the Gore areas. He stated that he also felt the Star Tannery, Mt. Williams and Mountain , Falls areas should have a light facility with picnic tables and that is where he would like.to.see these impact funds go rather than to repair the school grounds up there. Mr. Cole stated that he thought this was a good idea but that the neighborhood 11 diamonds are a must inasmuch as they are used by a large number of people lmost every night. • Mr. Keith Lupton stated that the ball fields being discussed are probably tilized more than any other ball diamonds in Frederick. He cited several teams use the diamond regularly. Mr. Madigan suggested that $2,000.00 be taken from Gainesboro impact funds and $2,000.00 from Back Creek impact funds for this renovation. Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, ' inia does herein approve a funds transfer for the renovation of the Gore ball fields as requested by the Department of Parks and Recreation, said funds to be transferred to the Parks and Recreation current fiscal capital expenditure program from recreation funds reserved for Back Creek District in the amount of $2,000.00 recreation funds reserved for Gainesboro District in the amount of $2,000.00. 199 The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; I hand Richard F. Madigan, Aye. OF OPERATION FOR CLEARBROOK PARK - DISCUS Mr. Fletcher stated that Mr. Cole, at the last Board of Supervisors Meeting, requested that Clearbrook Park be kept open later this year. He stated that Commission had a lengthy discussion regarding this request and they are ing that the park close at 8:30 P. M. as it has in the past with discretion ng used should there be an instance where a group might require more time. He • (further stated that the Commission recommends an experiment with the hours of tion during the month of July when the days are longer keeping the park open til possibly 9 or 9:30 P. M. Mr. Cole asked what the difference was in keeping it open until 9:00 P. M. n June and keeping it open until 9:00 P. M. in July; why not experiment three ths? ' Mr. Fletcher replied that it is beginning to get dark at 8:30 P. M. in June and the Commission felt there was a safety hazard involved having people in the • park after dark. Mr. Russell stated he felt that if the experiment was successful during the of July the Commission would agree to carry it forward during the month'of The Board agreed to the experiment for the hours of operation of Clearbrook as recommended by the Parks and Recreation Commission. COURSE - CLEARBROOK PARK - APPROVED Mr. Fletcher stated that the Commission once again would like to-recommend the of a miniature golf course in the Clearbrook Park utilizing the remainder the $10,000.00 requested at the last meeting of the Board after the lighted ball • I1diamonds are completed. He further stated that the Commission felt the revenue ' Ilproduced by the golf course would greatly increase the revenue that has been pro- duced in the past at Clearbrook Park. Mr. Cole stated that he felt dug outs should be provided on the ball fields this is a safety hazard. He asked how much it would cost to light the fields complete the work needed there and Mr. Fletcher replied approximately $5,000.00. Cole asked how much the miniature golf course would cost and Mr. Fletcher tely $4,000.00. • Mr. Fletcher stated that dug outs had been donated by Mr. Dorset Russell and ( construction on them should begin within the next week. Mr. Russell stated he was not at the Commission meeting when the golf course s discussed the first time but was at the last Commission meeting and he felt the tire Commission was in favor of this. He stated they didn't have any figures on it would produce in revenue but everyone felt'.that!it would be a considerable and he too was in favor of it. Mr. Cole stated that he could not approve the golf course at this time inasmuch i s there are people in the County who are unemployed and can't find jobs and he did ( not feel the County should spend money on such things as a miniature golf course at L is time. Mr. Welch stated that people will always need recreation and if we don't t we create problems in areas such as vandalism, etc. couple of years. Mr. Cole asked if Mr. Welch had any facts and figures to support that theory. At this point there was a short exchange between Mr. Welch and Mr. Cole regarding finances, preventing vandalism and using tax money paid last year by people who could not afford to pay this year. • Mr. Welch stated he considered project as an investment for the future. Mr. Madigan stated he agreed that it would be an investment in the future. He further stated that in a situation such as this some are hurt and others benefit and you must look at the situation and decide what is going to benefit most of the people. Mr. Hodgson stated he felt the golf course would expand the program at Clear- ' brook and also be a revenue producing project. Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the request of the Frederick County Parks.and Recreation Commission for the construction of a miniature golf course at Clearbrook Park; the construction of this miniature golf course and the lighting of an ^ additional softball diamond at Clearbrook Park, approved at the Regular Meeting of this Board held on April 9, 1975, to be paid for from funds set aside in the Parks and Recreation budget for fiscal year 1974 -75 for cleaning the lake in the amount of $10,000.00. The above Mr. Cole stated he could not accept that theory inasmuch as the City of Raymond C. Winchester has provided recreation for years and that has not stopped the vandalism Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, in the city. I T. Cole, Nay; stating that he could not vote for a miniature golf Mr. Welch stated that miniature golf is a recreation that anybody can play — course this year with the economy the way it is in Frederick County. young or old; that it is a tremendous revenue source and would pay for itself in a RECOMMENDATION couple of years. Mr. Cole asked if Mr. Welch had any facts and figures to support that theory. At this point there was a short exchange between Mr. Welch and Mr. Cole regarding finances, preventing vandalism and using tax money paid last year by people who could not afford to pay this year. • Mr. Welch stated he considered project as an investment for the future. Mr. Madigan stated he agreed that it would be an investment in the future. He further stated that in a situation such as this some are hurt and others benefit and you must look at the situation and decide what is going to benefit most of the people. Mr. Hodgson stated he felt the golf course would expand the program at Clear- ' brook and also be a revenue producing project. Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the request of the Frederick County Parks.and Recreation Commission for the construction of a miniature golf course at Clearbrook Park; the construction of this miniature golf course and the lighting of an ^ additional softball diamond at Clearbrook Park, approved at the Regular Meeting of this Board held on April 9, 1975, to be paid for from funds set aside in the Parks and Recreation budget for fiscal year 1974 -75 for cleaning the lake in the amount of $10,000.00. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, • Aye; and Dennis T. Cole, Nay; stating that he could not vote for a miniature golf course this year with the economy the way it is in Frederick County. , RECOMMENDATION TO NEGOTIATE CONTRACT ON MASTER PLAN FOR STEPHENS CITY PARK WITH TTU DVTT TCCArTAMVC - ADDDMMM Mr. Fletcher presented a recommendation from the Parks and Recreation Commission to negotiate the contract through the County Administrator with Jim Bell Associates on the Master Plan for the Stephens City Park. He stated that the funds would be taken from the impact funds for Opequon District and the Parks and Recreation Budget for fiscal year 1975 -76. • Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia does herein authorize the County Administrator to negotiate the contract for the Master Plan of the Stephens City Park with Jim Bell Associates, and BE IT FURTHER RESOLVED, That the funding for the Master Plan will be taken partially from Opequon District impact funds and partially from the 1975 -76 Parks and Recreation Budget. , The above resolution was passed bythe following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye; and Dennis T. Cole, Aye. 2.01 MR. ROBERT FLETCHER - STATEMENT OF THANKS TO BOARD OF SUPERVISORS Mr. Fletcher stated he would like to express his thanks to the Frederick County Board of Supervisors for all they had done for him in helping him guide the Parks and Recreation Commission to where an established recreational program in Frederick County has been provided. JAMES KEITH LUPTON AND DAVID FAHNESTOCK REAPPOINTED T O PARKS AND RECREATION COMMISSION Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, . Virginia does herein reappoint James Keith Lupton from Back Creek District and David Fahnestock from Stonewall District to serve a three year term on the Frederic County Commission of Parks and Recreation, said term to begin on April 28, 1975 expire on April 28, 1978. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. EXECUTIVE SESSION Upon a motion made by Richard F. Madigan, seconded by J. Robert Russell and n U approved unanimously, the Board retired into Executive Session to discuss certain personnel matters. REGULAR SESSION RECONVENED Upon motion made by Richard F. Madigan, seconded by J. Robert Russell, and approved unanimously, the Board withdrew from Executive Session. Upon motion made by Richard F. Madigan, seconded by J. Robert Russell and approved unanimously, the Board reconvened into Regular Session. APPOINTMENT AND SALARY - INTERIM DIRECTOR OF PARKS AND RECREATION DEPARTMENT - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the,Board of Supervisors of the County of Frederick, Virginia, does herein appont William D. Pike to serve as the Interim Director of J the Frederick County Parks and Recreation Department, said appointment to become effective on May 3, 1975 and terminate not later than June 25, 1975; and, BE IT FURTHER RESOLVED, That the Board does herein set the salary of the Interim Director of the Frederick County Parks and Recreation Department at the rate of $800.00 per month. The above resolution was passed by the following recorded vote: Raymond C. • Sandy,.Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Soytetary Bd. of Supervisors At a Public Hearing held on May 7, 1975 in the Board of Supervisors' Meeting Room at 9 Court Square; Winchester, Virginia at 3:00 P. M. the following informat was received. 202 PRESENT: J. O. REnalds, III; County Administrator, H. Ronald Berg; Frederick County Director of and Development and Wellington H. Jones, Engineer - Director of the Frederick County Sanitation Authority. , Mr. Renalds called the Public Hearing to order. Mr. Renalds explained that this hearing had been called to receive public input in conjunction with the County's application for a Community Development Block Gran under the Housing and Community Development Act of 1974. He stated the one public hearing had been held during a special meeting of the Frederick County Board of Supervisors on April 29, 1974 at which time citizen input was received. Mr. Renald stated that with the information received at that particular public hearing and by • a vote of the Board of Supervisors, contingent upon input at this public hearing, the Board voted to apply this fiscal year which ends June 30, 1975, for grant funds in the amount of some $152,000 dollars to put water in the Sunnyside area and to apply next year for funds for the Freetown, Buring Knolls, and Greenwood Heights areas of the County. He stated that should the County not receive funding during this current fiscal year, we would reapply next year for the entire amount of , $558,755, the funds originally requested for all three projects. Mr. Renalds then called for comments from the public. • Mr. Richard Medley appeared and stated he represented the people of the Freetown area. He stated for the past six years he had lived in that area and the Sanitation Authority had promised he would be supplied water and sewer service. He further stated that he had received water service but not sewer. Mr. Medley stated that the residents of this community have come to ask whether or not the County plans to provide water and sewer in the community and if not, the residents had prepared a letter containing approximately 29 signatures to send to Washington, D.C. He then presented a copy of the letter to Mr. Renalds and requested that it be made a part of the record of this hearing. Mr. Renalds accepted the following letter and stated that it would be made a • part of the record. April 25, 1975 , U.S. Dept. of Housing and Urban Development Assistant Secretary for Equal Opportunity Office of Civil Rights Compliance & Enforcement Room 5216 Washington, D. C. 20410 Dear Sirs: We the undersigned citizens of the County of Frederick; on Route 641, feel we have been by- passed as part of a grant for • sewer and water to accommodate approximately thirty -five (35) black families who own homes and areas of land joining other subdivisions that have water and sewer, which is approximately 500 to 600 feet from the black settlement. It has been estimated at $50,000 to $60,000 to install proper water and sewer lines for the area of black citizens. This has been discussed by R. L. Medley and other black citizens of this area for about four years. It was a request made to HUD for financial assistance and the request has been denied. Knowing that President Ford has given HUD the privilege to take care of some of the human needs such as water and sewer and also streets for minority groups as we feel we are. Some families are still ' using out door toilets, which we feel is very unsanitary in such modern times as these. Very truly yours, R. L. Medley RLM /tm Attachment /s/ Richard L. Medley, sr. P. O. Box 386 Stephens City, Virginia 22655 203 SIGNATURES /s/ ' /s/ /s/ /s/ /s/ Lawrence A. Williams /s/ S. Medley Michael L. Robinson /s/ Dora G. Edwards Charles M. Cain /s/ Richard L. Medley, sr. Roger L. Cain Corrina L. Cain /s/ Edna Newman /s/ Butch Cain /s/ Richard L. Medley, Jr. • II /s/ Kenneth W. Ball /s/ Diane E. Berger /s/ Charles R. Berger /s/ Garland T. Williams /s/ Doris E. Williams /s/ Barbara C. Turner ' I /s/ Robert E. Turner /s/ Ola S. Turner • I /s/ Mary E. Turner /s/ John H. Tigney /s/ Olivia M. Tigney /s/ Aurthur T. Tigney /s/ Vivian Robinson /s/ Donna Robinson /s/ Thelma Ball /s/ Elzie Ball /s/ Paul S. Turner n /s/ Donlad T. Turner • Mr. Renalds stated that the application and all of the proposed projects had been discussed at great length during the previous public hearing and the staff ' recommendation was made at that hearing; the recommendation being to make appli- cation initially for the Freetown area, however the Board of Supervisors felt that the number of requests received and the length of time the Sunnyside residents had been awaiting the services justified applying for the funds for this project. He stated that the County would reapply during fiscal year 1975 -76 for all the project if funding is not received this year. • Mr. Jones stated he had talked with two individuals in Freetown about water and sewer; one individual owns a mobile home that has plumbing in the home and can not use it because there are no central water and sewer facilities available and the other individual wanted to build a house in Freetown but since water and sewer facilities are not available he couldn't get the necessary health permit. Mr. Jones stated that Mr. Medley had put in a septic field in 1971 and now, four years later, the septic field has failed and Mr. Medley is in a very precarious situati Mr. Renalds stated there is no question that all three areas that the County had originally made a pre - application for are areas of dire need; we have failing septic systems, pit privies and contaminated water supplies in all three areas which is documented by a letter from the Lord Fairfax Health District health officer. He stated the County feels we have good projects that merit attention from HUD and we are currently in the process of completing the documentation to W , be forwarded with this particular application for funds. He stated that there, of course, would not be any decision made at this public hearing inasmuch as it was called strictly for input.. , Miss Pamela Bell asked if the final application had to be in by the 15th of May and Mr. Renalds replied that was correct. Miss Bell then asked if Mr. Renalds would meet with.the Board again between now and then to see if they are going to change their mind on the way they voted once before and Mr. Renalds stated that he would contact them relative to the input received in this public hearing and that he would forward to each one of them a copy of the letter presented by Mr. Medley in order to determine whether or not the Board desired to amend their previous • decision. Mr. Renalds explained the feasibility and need for each of the proposed projects. There being no further discussion the public hearing was adjourned. A COPY TESTS: II ' /s/ J. O. Renalds III II • J. O. Renalds, III County Administrator At a Regular Meeting of the Board of Supervisors of the County of Frederick, , held on the 14th day of May, 1975, in the Board of Supervisors' Meeting m, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman, J. Robert Russell, Vice Chairman, Dennis Cole, Donald R. Hodgson, and Richard F. Madigan. The Chairman called the meeting to order. E Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, II ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, iginia does herein approve the minutes of the Regular meeting of this Board held April 9, 1975 as submitted. The above resolution was passed by the following recorded vote: Raymond C. Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye PROVAL OF LISTING OF ROAD PETITIONS CONTAINED IN MINUTES OF REGULAR MEETING - MARC' • 1975 Mr. Cole stated that he felt that since the meeting on March 26, 1975, was a blic meeting, held jointly with the Highway Department, that all petitions should ve come before the Board at that time if they were to be considered by the Road ewers. He further stated that Route 836 was not brought before the Board at the: blic meeting and he did not feel he could vote for approval of this part of the nutes. by Richard F. Madigan seconded by Donald R. Hodgson, ' Upon motion made and BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, rginia, does herein approve the listings of road petitions contained in minutes of e Regular meeting of this Board held on March 26, 1975. The above resolution was passed by the following recorded vote: Raymond C. 205 i Sandy, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Nay. AMENDMENTS TO MINUTES OF REi OF JUNE 12, 1974 - APPROVED 4, AND REGULAR MEETING Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does 'herein approve the following amendments to the Board minutes as set forth below: 1. Regular meeting, December 11, 1974, Braddock Hills Estates Subdivision - should read Section 2 and not Section 3. • 2. Regular meeting, June 12, 1974, Abandonment of Route 739 - Code section should read 33.1 -164 and not 33.1 -155. The above resolution was passed by the following recorded vote: Raymond C. I • Sandy, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Abstaining. APPROVAL OF BILLS Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, of $107,880.86 and does order the same paid by Warrants #09698 through #09902 and Virginia does herein approve the bills for the month of April, 1975, in the amount #09904 through #09930. The above resolution was.passed by.:the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF PAYROLL Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia does herein approve the payroll for the month of April, 1975, in the of $63,550.81 and does.order the same paid by warrants #09591 through #09697. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. HIGHWAY DEPARTMENT REPORT DATE FOR ANNUAL ROAD VIEWING - SET Mr. King stated that the annual road - viewing would be held on May 21, 1975, at • 1:00 P. M. if the Board agreed. The Board stated that this date would be satisfac- tory. TENTATIVE AGREEMENT TO ABANDON RAILROAD CROSSING ON OLD ROUTE 632 - APPROVED Mr. King stated that the Highway Department was requesting tentative approval from the Board for the abandonment of the railroad crossing on old Route 632 inasmuch as the new road now under construction would serve the same citizens as II old Route 632. ' Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein give tentative approval for the abandonment of the railraod crossing on old Route 632 inasmuch as new Route 632 will serve the same citizens as old Route 632. I 206 The above resolution was passed the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ' HEALTH DEPARTMENT REPORT Dr. Hatfield appeared before the Board and stated that the trappers that had been scheduled to come to Frederick County to trap rabid foxes had been delayed in Allegheny County and would not be in Frederick County until July. HEALTH DEPARTMENT REQUEST TO PURCHASE MEDICAL INSTRUMENTS - APPROVED Upon motion made by Richard F. Madigan-and seconded by Donald R. Hodgson, • BE IT RESOLVED, That the Frederick County Board of Supervisors does herein _. approve the request of the Winchester- Frederick County Health Department for the purchase of additional medical instruments, said equipment to be purchased from the funds approved by this Board on January 8, 1975, under a supplemental appropriation in the amount of $969.99. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ' and Richard F. Madigan, Aye. • FINANCE COMMITTEE RECOMMENDS A $2.30 TAX RATE TO BOARD Mr. Madigan stated that it was the consensus of opinion of the finance committe that the tax rate be set at $2.30. He further stated that he felt the committee had considered all aspects of this recommendation and with the needs of the County school system as well as other County expenses, the committee felt this would be a . fair tax rate for all concerned. Mr. Sandy asked what prompted the Finance Committee to meet and recommend the change in the tax rate after the Board had met and the tentative figure had been decided for the tax rate. Mr. Renalds stated that the proposed rate had come under • discussion at a Finance Committee meeting on May 8, 1975. Mr. Russell stated that he would very much like to see money put into the budget' for the high school as this was of great concern to him. Mr. Sandy stated that he felt there was a definite need for a new high school, but that he could not agree with the different sites proposed by the school board for the high school because of conflicting problems, and until these problems were resolved he could not vote in favor of the new high school.. Mr. Cole stated that he would withhold his comments until the budget hearing. He further stated that'the Board is currently advertising a $2.00 tax rate and he • could not see changing it now. MEMBERS OF FREDERICK COUNTY QUALITY EDUCATION FORUM ADDRESS BOARD Mr. John McIntire and Mr. David T. Gochenour, members of Frederick County Quality Education Forum, appeared before the Board and spoke in.favor of quality education in Frederick County. The statements rendered by Mr. McIntire and Mr. Gochenour were filed in the County Administration Office. , SITE PLAN - - CONSTRUCTION OF BUILDING FOR Mr. Berg-presented the site plan of Dennis T. Cole in Stonewall District for the construction of a 100' x 50' building for retail furniture stating that the Planning Commission recommends approval. 207 Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, does herein approve the site plan of Dennis T. Cole for construction of a 100' x 50' building for retail furniture. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald F. Hodgson, Aye; and Richard F. Madigan, Aye; and Dennis T. Cole, Abstaining. CONDITIONAL USE PERMIT - BOYD J. UNGER - APPROVED • Mr. Berg presented the conditional use permit of Boyd J. Unger stating that the Planning Commission recommends approval. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virignia does herein approve the conditional use permit of Boyd J. Unger for a gift shop to sell pottery and figurines and other similar products with restricitons as recommended by the Planning Commission. ' The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • and Richard F. Madigan, Aye. CONDITIONAL USE PERMIT - ROBERT D. LEONARD - APPROVED Mr. Berg presented the conditional use permit of Robert D. Leonard stating that the Planning Commission recommends approval. There was no opposition. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the Conditional Use Permit of Robert D. Leonard for construction of a 15' x 25' building to be used as kennel facilities for canines. Virginia, does herein approve the following Mobile Home Permits: 1. Larry Earhart - Back Creek Magisterial District 2. Dean & Ann Nuri - Gainesboro Magisterial District 3. Ralph Robinson - Gainesboro Magisterial District • 4. Ronnie Ketterman - Shawnee Magisterial District The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Aye. REQUEST BY PARKS & RECREATION FOR MOBILE HOME PERMIT - APPROVED Mr. Sandy stated that Parks & Recreation Department had requested a mobile home permit for the trailer located in Clearbrook Park. He stated that this trailer has been used in the past by Parks & Recreation for an office and will now be used to house the Park manager and policeman at Clearbrook Park. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the request of the department of Parks and Recreation for a mobile C The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. MOBILE HOME PERMITS - EARHART, NURI, ROBINSON, KETTERMAN - APPROVED Upon motion made by Richard F. Madigan,and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following Mobile Home Permits: 1. Larry Earhart - Back Creek Magisterial District 2. Dean & Ann Nuri - Gainesboro Magisterial District 3. Ralph Robinson - Gainesboro Magisterial District • 4. Ronnie Ketterman - Shawnee Magisterial District The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Aye. REQUEST BY PARKS & RECREATION FOR MOBILE HOME PERMIT - APPROVED Mr. Sandy stated that Parks & Recreation Department had requested a mobile home permit for the trailer located in Clearbrook Park. He stated that this trailer has been used in the past by Parks & Recreation for an office and will now be used to house the Park manager and policeman at Clearbrook Park. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the request of the department of Parks and Recreation for a mobile C l • home permit for the trailer at Clearbrook Park to be used to house the Park manager and policeman. II , The above resoluton was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. Mr. Harold Whitacre appeared before the Board and presented his monthly report. c He presented his claims for livestock kills and - stated that Ms. Vance livestock had hotnbeen: assessed. • 1. R. W. Brown - 10 chickens - $1.50 ea. 5 chickens - $1.50 ea. 2 ducks - $1.50 ea. 2. Charles Snyder- 3 laying hens - $1.50 ea. 3. Winston Kerns - 14 laying hens - $1.50 ea. 4. Brenda Vance - 1 ewe - no payment 1 lamb - no payment Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the claims for livestock kills as listed above. ' BE IT FURTHER RESOLVED, That this Board does direct that a letter be sent to Ms. Vance explaining that her claim was denied inasmuch as her livestock had not bee :1•. • assessed. The above resolution was passed by the following recorded vote: Raymond C. andy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. & SEDIMENTATION CONTROL - FIRST AND SECOND READING - Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does erein approve the following ordinance on first and second reading: ORDINANCE ON EROSION & SEDIMENTATION CONTROL • The above resolution was passed by the following recorded vote: Raymond C. andy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and , ichard F. Madigan, Aye. N ORDINANCE TO PROVIDE A BUILDING CODE FOR THE COUNTY OF FREDERICK, VIRGINIA - FIRS• ND SECOND READING - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, , irginia does herein approve the following ordinance on first and second reading: • AN ORDINANCE TO PROVIDE A BUILDING CODE FOR THE COUNTY OF FREDERICK, VIRGINIA The above resolution wa's';passed by the following recorded vote: Raymond C. y, Aye; J. Robert Russell, Aye; Dennis•T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. STAFF REPORT After review the monthIly staff report was accepted by the Board. IONS TO SEEK IR THE FRONT OF THE CC Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, inia does herein accept the recommendation of the Committee on Engineering & 209 Code Enforcement for the renovation of the front:.of� the County - Office Building and does direct that the proposed renovation plan be submitted to the Winchester Board of Architectural Review for their consideration and that bids be sought on this renovation. The above resolution was passed by'-.the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. BIDS FOR PAINTING AND RENOVATION OF COUNTY COURTHOUSE TO BE ADVERTISED FOR SECOND TIME- APPROVED • Mr. Renalds stated that only two bids had been received from the first advertisement for the painting and renovation of the County Courthouse and therefor he felt it would be best to run this ad a second time. ` Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein direct that the advertisement for bids for painting and ' renovation of the County Courthouse be advertised a second time. The above resolution was passed by the following recorded vote: Raymond C. • 1 Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. INJUNCTION AGAINST LOUIS H. FOLTZ, ET AL - Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Frederick County Commonwealth Attorney, on behalf of the County be hereby requested to proceed with seeking a permanent injunction against Louis H. Foltz, et al regarding buildings off Route 50 East constructed in violation of the ordinances of Frederick County, Virginia. • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ' and Richard F. Madigan, Aye. REQUESTS FOR FUNDS FOR BRADDOCK HOUSE REFERRED TO FINANCE COMMITTEE Mr. Renalds stated that a request had been received from the City of Winchester asking that Frederick County contribute $1,633.86 for the County's share toward the expenditures in the operation of Braddock House and the request had been forwarded to the Board without recommendation by the Finance Committee. • Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein refer the request for funding for Braddock House back to the Fiannce Committee for their review and recommendations. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ' CITY OF WINCHESTER - REQUEST FOR FUNDS FOR THE HEALTH CENTER - REFERRED TO FINANCE COMMITTEE This request had been forwarded to the Board by the Finance Committee with no recommendation. , 2,10 Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia does herein refer:.the request for funding for the Winchester- Frederick , ounty Health Center as requested by the City of Winchester back to the Finance ommittee for their review and recommendation. The above resolution was passed by the following recorded vote: Raymond C. , Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye. THAT MONIES BE REINSTATED IN 1975 -76 BUDGET FOR DEVELOPMENT AT THE II • ARK - DISCUSSED This recommendation by the Finance Committee stating that funds in the amount $25,000 be reinstated in the 1975 -76 budget for development at the Stephens City said monies to be expended only upon receipt of matching funds from State and Governments was discussed and carried forward to the Budget Hearing. SUPPLEMENTAL APPROPRIATION - ACCESS ROAD TO NEW LANDFILL SITE - APPROVED ' Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that 20200 pursuant to action by this Board on September 11, 1974, accepting the low bid for • access road to the new landfill site submitted by Perry Engineering, Inc.. A emental appropriation in the amount of $35,200.00 is hereby authorized to 1 Operating Fund account 19- 01OJ -601C in order that payments may be rendered s work is completed in accordance with a recommendation by the Finance Committee. The above resolution was passed by the following recorded vote: Raymond C. andy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and rd F. Madigan, Aye. LANDFILL BILLS EXONERATION•- APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does hereby release the Treasurer of'Frederick County from the collection , of the following landfill accounts in accordance with a recommendation of the Finance Committee: 150 AAA Construction $ .80 owed from 5 -1 -75 20200 Feathers Refuse Service 113.97 11 if 21600 Frederick County Paint Com. 1.00 it " 21900 Fredericktowne Electric .80 it " 27360 Harlen J. Hanson 5.60 It " 33010 Kanneys Roofing .80 " 35540 John Laird .80 " 44595 Orndorff & Hummer 69.61 • 50800 Ozias D. Ritter & Sons 2.40 " 54000 Sagers Used Furniture 1.00 " 59760 James E. Smith (Waste Reduction) 12.01 " 69850 Waterloo Service Station 6.40 " 80506 Hub City 6.95 80509 N. A. Nottern .60 " TOTAL $222.74 BE IT FURTHER RESOLVED, Tnat these names be placed on a non - payment list and a new account shall not be stated for any of the above until such time as the accounts are rectified. , The above resolution was passed by the follwoing recorded vote: Raymond C. andy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and hard F. Madigan, Aye. 4 DISTRICT - 1 �RANSFERRED FOR PREPARATION OF MASTER PLAN FOR THE STEPHENS CITY PARK - APPROVED AL APPROPRIATION - RECREATIONAL IMPACT FUNDS - 211 VON Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that $6,300 of recreation impact funds on reserve for use in Opequon District are hereby authorized to be transferred into the General Operating Fund as a supple- mental appropriation for use within the current fiscal year; said funds to be applied toward preparation.of a master plan for the Stephens City Park in accord- ance with the recommendation of the Finance Committee. The above resolution was passed by the following recorded vote: Raymond C. L Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. LANDFILL RATE SET AT $2.90 TO BECOME EFFECTIVE JUNE 1, 1975 Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia does herein set the per ton rate at the Frederick County Landfill or the Frederick - Winchester Landfill should that facility be open prior to the Frederick - Winchester Service Authority takingtover the operations for the County and the City, at $2.90, said per ton rate to become effective June 1, 1975 in accordance with the recommendation of the Finance Committee. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia does herein approve the agreement between the City of Winchester and the County of Frederick as set forth below and does herein authorize and direct the c Chairman of the Board and the County Administrator to execute the same on behalf of the County of Frederick in accordance with the recommendation of the Finance Committee: CITY - COUNTY AGREEMENT THIS AGREEMENT, made and dated this 1st day of July, 1975, • by'and.between THE CITY:OF.WINCHESTER, VIRGINIA,:'hereinafter:referred to as.THE•.CITY,'party of:the first.part, and THE COUNTY BOARD OF SUPERVISORS -FOR FREDERICK COUNTY', referred to as THE COUNTY; :party 9f.. second part: WHEREAS, THE CITY and THE COUNTY are parties to a certain agreement bearing date the 1st day of July, 1950; and WHEREAS, it is the desire and intention of THE CITY and THE COUNTY to terminate that agreement as of the date of execution of this new agreement; NOW, THEREFORE, WITNESSETH: That in and for the consideration of the premises and of the mutual obligations herein undertaken: It is mutually understood and hereby expressly agreed by the parties hereto that the said agreement between THE CITY and THE COUNTY, bearing date the 1st day df July, 1950, shall, at and from the date of execution of this agreement, be, and is hereby terminated and declared €� J, _.; 212 'null and void; and It is mutually understood and hereby expressly agreed by the parties hereto that the County Court House, County Clerk's Office, ' City Hall (Court Room, Jury Room and Ground Floor) such facilities being owned and operated by the respective parties hereto, shall be maintained and operated under the terms and provisions set forth: COUNTY COURT HO USE, COUNTY CLERK'S OFFICE AND PUBLIC COMFORT STATIONS - The maintenance and operation of these facilities shall'be.under the control and supervision of THE COUNTY. THE CITY shall pay to THE COUNTY the fixed sum of Eleven Hundred • Fifty Dollars ($1,150.00) per year as its share of the costs of the maintenance and operation of these facilities. One -half (1/2) of this sum shall be due and payable the 1st day of July and the balance shall be due and payable the 1st day of January, each year. CITY HALL (CIRCUIT COURT ROOM, JUDGE'S OFFICE AND JURY ROOM (GROUND FLOOR - SHERIFF'S O FFICE ) - The maintenance of the Circuit Court Room, Judges Office and Jury Room shall be under the control and supervision I , of the CITY. The facilities shall be utilized for both CITY and COUNTY Circuit Court. The ground floor, with the exception of the Registrar's Office, Breathalyzer Room, Caretakers Quarters and Storage Room shall be utilized for the lock -up and Sheriff's Office and will be maintained by the SHERIFF OF FREDERICK COUNTY. An area is provided for the joint use of the CITY and COUNTY for the Justice of the Peace and Identification /Fingerprint Room. DURATION OF THIS AGREEMENT - It is mutually understood and hereby expressly agreed that this agreement shall be in effect beginning the 1st day of July, 1975, and continuing thereafter from year to year, unless either party hereto shall give written notice to the other party on or before the 1st day of January of its desire and intention to terminate this agreement as of the 30th day of June of the year in which such written notice is given, and of its desire and intention to negotiate a new agreement. Witness the following signatures and seals duly authorized by the respective governing bodies of the CITY and COUNTY, affixed upon duplicate copies hereof this 1st day of July, 1975: CITY OF WINCHESTER BY: Attest: Clerk of Council City Manager COUNTY•'BOARD'_OF SUPERVISORS FOR FREDERICK-COUNTY BY: Attest: County Clerk Chairman • • • J 213 • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. E MATCHING FUNDS OF $25.00 APPROVED FOR GRANT FOR COMMONWEALTH ATTORNEY'S OFFICE Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve matching funds is the amount of twenty -five dollars ($25.00) for a grant for the Commonwealth Attorney's Office from the Virginia Association of Commonwealth Attorneys for the purchase of dictation equipment in accordance with the recommendation of the Finance Committee. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • and Richard F. Madigan, Aye. RECOMMENDATION THAT AN ORDINANCE BE DRAFTED TO PROVI PAYMENT OF TAXES - APPROVED Mr. Cole stated that he felt there should be a penalty for late filing of taxes, but that he felt 108 was too high. Mr. Madigan stated that he felt the ordinance should be drafted at this time and if necessary the rate-could be changed on first and second reading. Mr. Sandy stated that he felt this was a fair amount for the late filing • penalty and that the Finance Committee recommends this. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein direct the County Administrator to draft an ordinance to provide for a 108 penalty to be applied to late payment of taxes in Frederick County. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Nay. RECOMMENDATION THAT THE RECODIFICATION OF THE COUNTY CODE BE CONDUCTED - APPROVED Mr. Renalds stated that he had received an updated quotation from the Michie Publication Company for bringing the County Code up to date. He further stated M 111 214 that because of the changing of certain state laws which would directly effect the County Code a number of changes would be necessary to bring the County Code up to ( date, thereby increasing the Michie Company's original quote of $15.00 per page to $16.00 per page and that the Finance Committee had so recommended. Upon motion'made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,does herein approve the recodification of the Frederick County Code' by Michie City Publication Company at the cost of $16.00 per page. The above resolution was passed by the following recorded vote: Raymond C. Sandy, :Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye and Dennis T. Cole, Nay. Mr. Cole stated that he did not feel this was necessary inasmuch as all the County Ordinances are on file in the office of the County Administrator and he felt this was really a waste of money. QUARTERLY MEETING WITH FREDERICK COUNTY SANITATION AUTHORITY Mr. Robert Koontz, Chairman of the Frederick County Sanitation Authority, appeared before the Board and presented a report on the progress of the projects of the Sanitation Authority. He stated that EcolSciences, Inc. had rendered their findings to the Authority pertaining to the environmental assessment study they had conducted on the feasibility of the projects and that their conclusion was that the Sanitation Authority was proceeding in the right direction. Mr. Sandy stated that at the last two meetings emphasis had been placed on completing services for localities such as Sunnyside which have been asking for these services prior to other localities and he would like to know if the Sanita Authority was in agreement with this. Mr. Koontz replied that they were. Mr. Madigan stated that it had been brought to his attention that the Plainfield Heights Subdivision was having a drainage problem and he requested the Sanitation Authority to check into the matter to see if the problem could be alleviated. REQUEST FOR BUDGET FUNDS - SANITATION AUTHORITY - APPROVED Mr. Sandy presented the request from the Frederick County Sanitation Authority for budget funds. Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Frederick County Sanitation Authority. Virginia, that a loan in the amount of $31,661.65 is hereby authorized to the BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended from budget code 10- 01OH -902B 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 as approved by this Board at a regular meeting on April 12, 1972, and is subject to the terms so established on that date. BE IT FURTHER RESOLVED, That the breakdown of the funds requested is as follows: Gilbert W. Clifford and Associates $27,219.65 EcolSciences, Inc. 4,400.00 Perry Engineering Company 42.00 31,661.65 I • • \J • The above resolution was passed by the following recorded vote: Raymond C. 215 Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye and Dennis T. Cole, Abstaining. 1 FREDERICK COUNTY SANITATION AUTHORITY RECOMMENDATION REGARDING WATER AND SEWER SERVICE TO LOT 7, BLOCK B OF THE SENSENY-HEIGHTS SUBDIVISION - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept and approve the recommendation of the Frederick County Sanitation Authority regarding water and sewer service to Lot 7, Block B in Senseny Heights Subdivision, said recommendation being that no action contrary to action • taken in January,: :1973 by the Board be taken at this time thereby permitting said lot to-be served by the City's system. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. FREDERICK COUNTY SANITATION AUTHORITY RECOMMENDATION REGARDING SEWERAGE REQUEST ' FROM WINCHESTER MOBILE HOME PARK - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept and approve the recommendation of the Frederick County Sanitation Authority that Winchester Mobile Homes be permitted to connect to the City's system through a service connection application, said connection to the City's system being contingent upon the execution of an agreement between Wincheste Mobile Homes and the Authority setting forth the following provisions: a) Should the City accept the connection, Winchester Mobile Homes will construct a main to the City's system and retain possession of the main b) When the Authority provides service to the area, Winchester • Mobile Homes will allow the Authority to disconnect their lines from the City, connect them to the Authority main and then ' dedicate its main to the Authority. The above resolution was passed by.the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. BOARD RECESSES UNTIL 7:00 P. M. Upon motion duly made, seconded and passed unanimously, the Board recessed • for dinner to reconvene at 7:00 P. M. for the evening session of the regular meeting. BOARD RECONVENES The Board reconvened at 7:00 P. M. The Chairman called the meeting to order. PUBLIC HEARINGS ' AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORD ADOPTED NOVEMBER 1, 197 TO REZONE 2.75 ACRES MORE OR LESS OF JAMES L. BOWMAN AND FRED L. GLAIZE. III. IN Mr. William A. Johnston appeared before the Board representing the petitioners and described the proposed use of the property, a Southern States Cooperative 216 business. There was no opposition. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, nia 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 REZONE 2.75 ACRES, MORE OR LESS, OF JAMES L. BOWMAN AND FRED L. GLAIZE, III, LOCATED ON THE WEST SIDE OF ROUTE 11 SOUTH, APPROXIMATELY SEVEN - TENTHS (7/10) MILES SOUTH OF STEPHENS CITY LIMITS: IN OPEQUON MAGISTERIAL DISTRICT: FROM INDUSTRIAL, GENERAL (M -2) TO BUSINESS, GENERAL (B -2). The above resolution was passed by the-following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE '6:.952 ACRES,•:MORE_.OR::LESS OF':'T ADAMS AND.: ROSALIE',F'::'ADAMS`IN:�BACK CREEK MAGI STERIAL::DISTRICT.. FROM7jB= 2•). (M- 2).,....2..487: ACRES:;.: (M= 1)'.TO' : R =3) ".0::80 ACRES; :(R- 3'. &'_M =_1) TO.(B= .2).'2.685- - ACRES ;. ( M- 1) : TO.-(B= 2.).'0:.:980'.ACRES'..- THIRD AND. E.INAL READING:__ :1 PARCEL:'.TABLED: - 13- PARCELS APPROVED . Mr. Berg presented the plat showing the proposed rezoning. Mr. Joseph Massie appeared before the Board representing Mr. & Mrs. Adams and stated that the petitioners were seeking to have the property rezoned back to the zoning it had been before the Court rezoned it to the present zoning. He stated that as the parcel containing the.sewage treatment plant is now zoned, should extensive repairs or rebuilding be necessary it could not be done inasmuch as this is a non - conforming use. Mr. Madigan stated that the Planning Commission is currently working on a public service district for the zoning ordinance which would cover this parcel of land. Mr. Cole suggested tabling the request for rezoning the parcel of land containing' sewage treatment plant for 60 days in order to give the Planning Commission sufficient time to draft a district for public utilities which would include sewage treatment plants. Several residents of the area appeared in opposition to the rezoning citing such items as the erection of large signs detracting from the subdivision, the improper use of townhouses in the subdivision and an overall commercialism of the subdivision. The delegation stated that they felt Mr. Adams would continue to bu more and more large buildings and further commercialize the area if the rezoning approved. After lengthy discussion the Board agreed that the requested rezoning would better protect the residents in the subdivision than the present zoning and would better serve the needs of.the applicant. The Board agreed to act upon each parcel of land contained in the application separately. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table the following ordinance for sixty (60) days in order that the Planning Commission might have sufficient time to draft a district containing public utilities herein uses such as sewage treatment plants would be covered. is • • lu AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 2.487 ACRES, MORE OR LESS OF T. G. ADAMS.AND ROSALEB Ei. ADAMS; ..LJrATEDJON'..THE'WEST "SIDE -OE -ROUTE 1T'SOUTH ONE AND ONE -TENTH (1.1) MILES SOUTH OF WINCHESTER CITY LIMITS; IN BACK CREEK MAGISTERIAL DISTRICT; FROM: BUSINESS,.GENERAL (B -2) TO INDUSTRIAL, GENERAL (M -2) - 2.487 ACRES. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Upon motion made by-Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following ordinances as set forth in separate action below: The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 0.80 ACRES, MORE OR LESS OF T. G. ADAMS AND ROSALIE F. ADAMS, LOCATED ON THE WEST SIDE OF ROUTE 11 SOUTH, APPROXIMATELY ONE AND ONE -TENTH (1.1) MILES SOUTH OF WINCHESTER CITY LIMITS; IN BACK CREEK MAGISTERIAL DISTRICT; FROM: INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3) 0.80 ACRES. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 2.685 ACRES, MORE OR LESS OF T. G. ADAMS AND ROSALIE F. ADAMS, LOCATED ON THE WEST SIDE OF ROUTE 11 SOUTH, APPROXIMATELY ONE AND ONE -TENTH (1.1) MILES SOUTH OF WINCHESTER CITY LIMITS; IN BACK CREEK MAGISTERIAL DISTRICT; FROM: RESIDENTIAL, GENERAL (R -3) AND INDUSTRIAL, LIMITED (M -1) TO BUSINESS, GENERAL (B -2) 2.685 ACRES. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 0.980 - ACRES, MORE OR LESS OF T. G. ADAMS - AND ROSALIE F. ADAMS, LOCATED ON THE WEST SIDE OF ROUTE 11 SOUTH, APPROXIMATELY ONE AND ONE -TENTH (1.1) MILES SOUTH OF WINCHESTER CITY LIMITS; IN BACK CREEK MAGISTERIAL DISTRICT; FROM: INDUSTRIAL, LIMITED (M -1) TO BUSINESS, GENERAL (B -2) - 0.980 ACRES The above . resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. MR. FRANCIS LAGES - PROPOSED PLAT - REFERRED TO PLANNING COMMISSION Mr. Ron Berg presented the proposed plat of Mr. Francis Lages' property. Mr. Madigan stated he felt this should be sent to the Planning Commission' for their comments. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, 217 E 21$ BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Mr. Robert Martin appeared before the Board representing a delegation of Virginia, does herein refer the proposed plat of the property of Mr, Francis P. • :; Lages to the Planning Commission for their review and recommendations. , The above resolution was passed by the following recorded vote: Raymond ' ' C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ' and Richard F. Madigan, Aye. CITIZENS FROM SUNNYSIDE PRESENT SIGNED PETITIONS TO BOARD TO BE SENT TO-HUD IN Mr. Robert Martin appeared before the Board representing a delegation of citizens in the Sunnyside area and presented several signed petitions containing • :; 142 signatures from the residents in the area requesting water and sewer facilities. He stated that the residents were requesting that the petitions be sent to the Department of Housing and Urban Development. Mr. Sandy acknowledged these petitions from the citizens of Sunnyside and stated that he wanted to reaffirm the Board's stand on completing the projects in the Sunnyside area before other areas of the County; the Board agreed that the i petitioners would forward the themselves straight to HUD. There followed a lengthy discussion regarding funding for the Sunnyside • project, the connection fees, the number of hook -ups required, etc. Mr. Koontz then invited the delegation of citizens to adjourn with him to i the Engineering Department to discuss 'the Sunnyside Project in detail and the delegation accepted his invitation. LINWOOD NICHOLSON ADDRESSES BOARD Mr. Linwood Nicholson appeared before the Board and requested that somethin • be done about the odor coming from the Winchester Rendering Plant. He stated that he had taken this complaint to different state and local officials, but as of this date nothing had been done about the odor problem. • Mr. Nick Kappel of the State Air Pollution Control Board appeared before the Board and stated that he was aware of the problem at the rendering plant and he felt some steps had been taken to alleviate the problem. t Mr. Sandy stated that he would like for Mr. Anderson, owner of the Renderin Plant and Mr. Kappel of the State Control Board to work together so that this odor problem might be cleared up. Upon motion made by Dennis T. cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request that the State Air Pollution Control Board move with • all haste•to have the odor situation at the Winchester Rendering Plant corrected and requests that the Air Pollution Control Board render quarterly progress reports to the Board with regard to correcting this situation. S The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ' REVEREND RICHARD WHITNEY ADDRESSES BOARD R E: LORD FAIRFAX PLANNING DISTRICT COMMISSION - AD HOC COMMITTEE ON NUTRITION AND AGIN Reverend Richard Whitney appeared before the Board and stated that the Ad Hoc Committee on Nutrition and Aging wanted to set up a Nutrition Board and would like for citizens from the Lord Fairfax Planning District Commission to serve on 219 this Board. He stated that the Boards main objective would be to take care of the needs of the elderly in our area. Reverend Whitney further stated that Frederick County's share in order to participate in this program based on the County's population would be $366. Mr. Sandy thanked Reverend Whitney for appearing before the Board and explain- ing this program to them and advised that the Board would take this request under advisement and refer it to the Finance Committee. ROBERT RHODES - WINCHESTER - FREDERICK COUNTY DRUG ABUSE COMMITTEE ADDRESSES BOARD • Mr. Robert Rhodes appeared before the Board and stated that there was a great need for the Drug Abuse Program in the City and County and that the County's share for this program would be $15,821.00. He stated that the Winchester - Frederick County Drug Abuse Committee has applie, for a Grant from State and Local Agencies, but they have no guarantee this grant will be received. Mr. Rhodes stated that Mr. Edward Bell who has been heading this program will ' be leaving in June in order to further his education, and thus there will be a vacancy which needs to be filled in order that this program might be carried on. • Mr. Madigan asked Sheriff Lacy Anderson if he thought the drug problem was on the increase in the County and Sheriff Anderson stated that this was very difficult to determine but he did feel the Drug Abuse Program was of great benefit in 11 combatting the problem. Mr. Sandy thanked Mr. Rhodes for appearing before the Board and explaining the Drug Program and their needs to bhe Board. He advised that their request would be taken under advisement and referred to the Finance Committee. c REFUNDS PEER (PERSONAL PROPERTY TAXES) AND UNGER (REZONING APPLICATION FEE) - • Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virignia, does herein approve the following. requests for tax refunds: 1. Ms. Robert S. Peer, Box 93A, Star Tannery, Virginia $66.97 Personal Property Taxes Erroneously Paid Commissioner of Revenue recommended approval. 2. Boyd J. Unger, Jr. $40.00 One Half of Rezoning Fee County Planner recommended approval inasmuch as the property did not need-.to be rezoned and the expense of a public hearing before the Board was saved. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. STUDENT GOVERNMENT DAY PROCLAIMED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, WHEREAS, The students of today are the future leaders of Frederick County; and, WHEREAS, It is of utmost importance for young citizens to have a basic understanding of government at the local level; THEREFORE, Raymond C. Sandy, Chairman of the-Frederick County Board of Supervisors, in recognition of this educational experience, does hereby proclaim May 20, 1975, as Student Government Day in the County of Frederick, Virginia. The above resolution was passed by the following recorded vote: Raymond C. 2 Q Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPOINTMENT TO LORD FAIRFAX COMMUNITY COLLEGE BOARD Mr. Sandy stated that Dr. Wright's term on the Lord Fairfax Community College Board will expire on June 30, 1975 and that the three following names had been suggested as possible replacements: 1. Mr. Lou Costello 2. Mr. Irvin Collis 3. Mrs. Thelma Clore He further stated that he would like for the name of John Pickeralito be added to this list for consideration as a possible replacement. APPOINTMENT TO WINCHESTER - FREDERICK COUNTY DRUG ABUSE COMMITTEE Mr. Sandy stated that the Winchester - Frederick County Drug Abuse Committee wa requesting that the Board give the Committee a list of ten people who they felt would be willing to devote their time and energies to this endeavor as representa- tives for the County. The Board agreed to consider this request and a list of names will be to the Drug Abuse Committee at a very early date. MR. RUSSELL DISTRI C OMMISSION HEALTH Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein reappoint Mr. J. Robert Russell to serve on the Lord Fairfax Planning District Commission Health Planning Council to represent Frederick County for a t of one year, said term to become effective June 1, 1975. The above resolution was passed by following recorded vote: Raymond C. Sandy, Aye; Dennis T. C,le, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PRESENTATION OF INDUSTRIAL DEVELOPMENT - AUTHORITY AUDIT Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein accept the audit of the Industrial Development Authority as presented. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. NATIONAL GUARD - REQUESTS FOR DISPLAY ON ARMED FORCES DAY - APPROVED Mr. Renalds stated that he had received a request from the local National Guard to have a display on Armed Forces Day in front of the Courthouse. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein grant the request of the National Guard for a display on Armed Forces Day in front of the Courthouse. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hdogson, Aye; and Richard F. Madigan,Aye. d_ ... E E E • I .x21 UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Sdcretary Bd. of Supervisors At a Regular Meeting of the Board of Supervisors of the County of Frederick, • rginia, held on the 28th day of May, 1975, in the Frederick County Courthouse, 9 t Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order. BUDGET HEARING Mr. SAndy read the Budget Message as set forth in the proposed fiscal plan for ' fiscal year 1975 -76. Mr. Madigan described the procedure used to prepare the budget and stated that • many meetings were held by the Finance Committee and the Board of Supervisors for scussion and preparation of the Budget. He the presented a revenue and expendi analysis of the Budget. Mr. Joseph Fishel, President of the Frederick County Education Association, appeared before the Board and stated that the educators of Frederick County were requesting the Board to reinstate the funds cut from the budget for schools and a 158 increase for the teachers rather than the 78 proposed in the budget. He present several statistics to the Board regarding the comparison of Frederick County's teachers' salaries to those of surrounding school districts. Mr. Fishel pointed out the quality education presently being rendered in Frederick County and stressed the • importance of continuing this program. A gentleman from the Stonewall District appeared before the Board and stated ' that he felt the teacher /pupil ratio in Frederick County was too large and that all the teachers in the County were not qualified. Dr. Melton Wright, Superintendent of Schools, stated that every teacher in Frederick County, with the exception of three, were college graduates and held certified teaching certificates. He further stated that approximately 198 of the County teachers had their masters degree and that this coming school year a teacher • trained in special reading would be assigned to each elementary school. He further stated that he felt the County teachers did an outstanding job of educating the students and preparing them for college. A gentleman appeared before the Board and stated that he was in favor of a higher tax rate in order that more services could be provided to County residents. Mr. John McIntire appeared before the Board representing the Frederick County Quality Education Forum and stated that he had presented a statement in support of ' education to the Board at their last meeting and he would like to reaffirm that '_ta statement at this time. He further stated that he would further support a 108 in= crease for all County employees inasmuch as we need good, qualified teachers and employees in the County. Mr. Alfred Snapp, Chairman of the Electoral Board, appeared before the Board requested that the Board reinstate at least 508 of the $6,500 cut from the lectoral Board Budget. He stated that this was an election year and therefore 2?2 Mr. Cole stated that according to statistics, Frederick County ranked 9th Dr. Wright stated that Mr. Cole's figures were incorrect inasmuch as many Mr. Fishel stated that a booklet published by the Virginia Education Assoc- Mr. Fishel presented several petitions, signed by Frederick County would be a great deal more work to be done and this money was necessary to carry out the functions of this office. After lengthy discussion, the Board agreed to �� .. :...: reinstate $3,500 to the Electoral Board Budget. the State of Virginia out of 94 County school districts , in teachers salaries. further stated that in-the last nine years only five have doubled teachers ies, Frederick County being one of these five. factors must be considered, such as the County's ability to pay, in arriving at ranking throughout the state. iation ranks Frederick County 32nd out of 129 on the salary scale. in favor of a 108 increase in teachers salaries. • -Mr John Pickeral appeared before the Board and stated that he was not sure that there was a definite need for a new high school at this time and urged the Board to study this matter carefully. He further stated that he was opposed to the proposed location of the new high school. Mr. Madigan stated that he had visited James Wood High School and there was a most definite need at this time for a new high school inasmuch as the over -. crowded conditions at James Wood are inexcusable and did not present an environ- ment conducive to good education. He further stated that the longer the County delays building this new school, the more expensive it will become. Dr. Wright stated that even if construction of a new school was begun immed- iately, it would not be ready for occupancy before the 1978 -79 session and if thi new high school is not completed in the near future, the only solution to the overcrowded conditions at James Wood would be to run double shifts in order to accomodate the students. Miss Elaine McGee, past president of the Frederick County Education Assoc- iation, appeared before the Board in support of the teacher's request for a 108 increase and explained the ranking of Frederick County's teachers salaries in state of Virginia. Mr. David Gochenour appeared before the Board and stated that he wanted to reaffirm the statement he presented to the Board at their last meeting supporti quality education in Frederick County and he urged the Board to consider this statement when making their final decision. Several citizens appeared before the Board opposing a tax increase and com- plaining about the recent reassessment of their property. Dr. Wright stated that the County is in competition with school systems throughout the state and can not be expected to compete if we are put at the bottom of the list. Mr. Cole stated that the figures he had quoted as setting forth the ranking of teachers' salaries in Frederick County had been taken from a booklet listing the various school districts and their salary scales. Teresa Lazazzera, a senior student at James Wood High School, appeared before the Board and stated that she felt quality teachers must be provided in order to prepare the students for college and in order to get quality teachers, the salaries must be adequate. • • • 223 Mr: Madigan then briefly outlined the accomplishments of the Board during the past 3 years stating that the County could be run on a $1.90 tax rate, but ' the Board did not begin immediately to build a sinking fund for the construction of a new high school, the school board would have to borrow the money at high interest rates and therefore..the•school.would be much more expensive to construct. Mr. Cole stated that he could not vote for a higher tax rate at this time be of the high rate of unemployment and he did not think this was the proper time to raise money to put in the bank to draw interest. He further stated that he would support a:7% increase for teachers and all county employees and felt this was most • 11fair.in light of the economy at the present time. Mr. Russell stated that he was very concerned about..the:iconditions at James Wood and would like very much to see money put into the budget for a new high Mr. Hodgson stated that he must agree that the conditions at James Wood intolerable and that he would be in favor of establishing a sinking fund for the II construction of new high school. He further stated that because of'the present economic situation he would favor a 78 increase in salaries for teachers and county employees. • Mr. Madigan stated that he was in favor of a $2.30 tax rate inasmuch as he fel the County must begin a sinking fund for the construction of the new high school an to provide the necessary services to the citizens of Frederick County. Mr. Sandy stated that he had reservations about a tax increase at this time use of the economic situation. He further stated that he felt the businessman is picking up the tab for education and services in the County and a new method of taxation should be devised in order that it might be more equally divided among the itizenry. Mr. Sandy stated that he was in favor of quality education in Frederick but he felt the Board must consider all the factors involved and set their priorities at this time. He stated that there were other sources of funds such as • the money set aside for the courthouse complex and he did not feel this was the to begin a sinking fund by raising taxes. ' Budget Amendment Approved Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, tha the "Fiscal Plan 1975 -76" is hereby amended as follows: Appropriation to Virginia Public Assistance Fund from the General Revenue Fund reduced $6,823 in Administration category. • Revenue from the Commonwealth reduced by $5,458. Appropriations to General Operating Fund from the General.Revenue Fund $1,365, this amount to be included as an addition to the Reserve forJail Renova Construction. 0 General Operating Fund Appropriation: Increase: 18 -18F5 -123 Park Police $600.00 Decrease: ' II 18- 18F4 -399A $60.0.00 The above resolution was passed by the following recorded vote: Raymond C. •.,•I Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. 1 2.2.4 FREDERICK COUNTY TAX RATE FOR FISCAL YEAR 1975 -76 SET Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, II ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, does herein adopt the tax rate for the Fiscal Year 1975 -76 as herein presented at rate of $2.30 to-be applied to real estate and the rate of $3.70 to be applied to personal property and machinery. The above resolution was passed by the following recorded vote: J. Robert Russell, Aye;..Richard F. Madigan, Aye; and Donald R. Hodgson, Aye. Dennis T. Cole voted Nay stating that he felt this was a bad time to approve a tax increase with the recession and the unemployment in the County as it is. He further stated that • taxing the people in order to put a quarter of a million dollars in the bank and adding things to the budget that had not been advertised he could not vote for. Mr Sandy voted Nay.stating that he agreed with Mr..Cole and could not vote for this rate because -of the unemployment in the County'at this time. He further stated he felt the Board was establishing wrong priorities in the budget for fiscal year 1975 -76. ' FREDERICK COUNTY BUDGET FOR FISCAL YEAR 1975 -76 —APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, • WHEREAS, A notice of public hearing and a budget synopsis has been published and a public hearing has been held on May 28, 1975, in accordance with Title 15.1, Chapter 4, Section 15.1 -162, Code of Virginia, 1950, as amended; THEREFORE, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick,.Virginia, that the budget for 1975 -76 fiscal year, as outlined in the document entitled "Fiscal Plan 1975 -76, Frederick County, Virginia" and as amended and finalized this date, May 28, 1975, be hereby approved in the amount of $14,551, and that appropriations in the amount of $14,551,588 be hereby authorized for the 1975 -76 Fiscal Year, said amount to include the following: 1. $3,500 to be restored to Category 13B -109 • 2. $25,000 to be restored to Category 19- 018E -600 contingent upon receipt of $75,000 matching funds ' from state and federal grants 3. $258,516 to be earmarked for a new senior high school The above resolution was passed by the following recorded vote: J. Robert Russell, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Dennis T. Cole, Nay; and Raymond C. Sandy, Nay. MOTION TO REQUEST BOARD OF EQUALIZATION TO REVIEW REASSESSMENT - TABLED FOR THIRTY • DAYS Several citizens appeared before the Board complaining about the reassess- ment of their property during the recently conducted reassessment of the County. Mr. Madigan moved that Board request the Court to establish a Board of Equalization to review the reassessment and make any adjustments necessary in order to see that each person is taxed fairly. The motion was seconded by Dennis T. Cole for discussion. ' Mr. Cole stated that he felt the Board of Equalization should have been requested several months ago and to his knowledge this had not been done. He state that he had received several calls of complaint regarding the reassessment and that several pieces of property had been assessed at values the owners::couldanever- sell i the property for. Mr. Russell asked if any errors could be rebated to the taxpayer this year and Mr. Madigan stated that no rebates could be given this year but would be given next year. Mr. Sandy stated that he felt the Board should consult with the Treasurer and Commissioner of Revenue before requesting a Board of Equalization be established Mr. Russell stated that he would like more information on a Board of Equaliza- and time to study this before requesting such a Board be set up. Mr. Cole stated that he agreed with Mr. Russell's point of view and felt this • Ilmatter should be tabled for further.study. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the board of Supervisors of the County of Frederick, . Madigan, Abstaining. is II AMENDMENT-TO , -MINUTES - REGULAR MEETING FEBRUARY 12, 1975 - APPROVED ' II Upon motion made by Dennis T. Cole and seconded by Donald R. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, rginia, does herein approve an amendment to the minutes of the Regular Meeting of S Board held on February 12, 1975 relative to the trailer ordinance wherein 2•- 6-shall be amended to read Section 20 -6. The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • Richard F. Madigan, Aye. AMENDMENTS TO MINUTES - REGULAR MEETING JUNE 12, 1974.- Upon motion made by J Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia.does herein amend the minutes of the Regular Meeting of this Board held on 12, 1974, to reflect the following action inasmuch as such action was inadvert- ently omitted in Minute Book 12: BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia; does herein abondon altogether as a' public road the following, in accordance with Section 33.1 -155 of the Code of Virginia (1950) as amended: That portion of Virginia Secondary Route 739 between Route 522, and Southern Limited Access Line of Route 37 in Gainesboro Magisterial District. :225 Virginia, does herein table the motion made by Richard F. Madigan to request the A Court to establish a Board of Equalization to review the reassessment of Frederick County, for thirty days in order'to give the Board more time to study this matter. The above resolution was passed by the following recorded vote: Raymond C Sand , ' Aye; J. Robert. Russell, Aye; Dennis'T. Cole; Aye; Donald R. Hodgson, Aye; and Richarl • F. Madigan, Aye. APPROVAL OF MINUTES - SPECIAL MEETING APRIL 29, 1975 AND PUBLIC HEARING MAY 7, 1975 Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virgi i does herein approve the minutes of the Special Meeting of this Board held on April 2 , 1975 and the Public Hearing held on May 7, 1975, as submitted. The above resolution was passed by the following recorded vote: Raymond C. San Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richar . Madigan, Abstaining. is II AMENDMENT-TO , -MINUTES - REGULAR MEETING FEBRUARY 12, 1975 - APPROVED ' II Upon motion made by Dennis T. Cole and seconded by Donald R. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, rginia, does herein approve an amendment to the minutes of the Regular Meeting of S Board held on February 12, 1975 relative to the trailer ordinance wherein 2•- 6-shall be amended to read Section 20 -6. The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • Richard F. Madigan, Aye. AMENDMENTS TO MINUTES - REGULAR MEETING JUNE 12, 1974.- Upon motion made by J Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia.does herein amend the minutes of the Regular Meeting of this Board held on 12, 1974, to reflect the following action inasmuch as such action was inadvert- ently omitted in Minute Book 12: BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia; does herein abondon altogether as a' public road the following, in accordance with Section 33.1 -155 of the Code of Virginia (1950) as amended: That portion of Virginia Secondary Route 739 between Route 522, and Southern Limited Access Line of Route 37 in Gainesboro Magisterial District. :225 2..26 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F.'Madigan, Aye. Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County'of Frederick, I Virginia, does herein approve an amendment to the minutes of the Regular Meeting of this Board held on June 12, 1974, to amend the Code Section permitting the abandon- Iment of a portion of Route 739 in Gainesboro District to Section 33.1 -164 and not (Section 33.1 -155 as set forth in said minutes. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; 37. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. RESOLUTION APPROVING UP TO $10,000 FOR LIGHTING BA FIELD AT CLEARBROOK PARK APPROVED Mr. William Pike, Interim Director of the Parks and Recreation Department, appeared before the Board and requested the Board's approval to expend an amount up to $10,000 for the lighting of an additional ball field at Clearbrook Park, said funds having been previously approved for the lighting of the field and the con- struction of a miniature golf course. Mr. Cole asked what the bids had been on the lighting of the ball field and Mr. Pike answered that all the bids would be in by June 1st, however it would not be possible to light the field for $4,000 or $5,000 as had been previously estimated. He further stated that a miniature golf course could not possibly be built for $4,000 or $5,000. Mr. Cole stated that he felt the figures first presented to the Board were unrealistic and that he hoped Mr. Pike would consider this when presenting requests for funds in the future. Mr. Cole asked if dug outs would be provided at the ball.field to alleviate safety hazard now in existence and Mr. Pike stated that the dug outs would be free and would be installed within the next two weeks. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request of the Parks and Recreation Department-' expend up to $10,000 for the lighting of an additional ball diamond at Clearbrook Park, said amount having been previously approved by this Board for the lighting of a ball diamond and the construction of a miniature golf course. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. PARKS AND RECREATION DEPARTMENT REQUEST FOR SUPPLEMENTAL APPROPRIATION OF $8,000 - nvnunvFn Mr. William Pike appeared before the Board and stated that the Parks and Recreation Department budget is depleted to the point where a supplemental appropr tion of $8,000 is necessary in order to keep the park open. He cited the various categories of the budget which are presently overspent and stated that if the appr priation was not approved the park would have to close by July 1st. 0 • • Mr. Madigan stated that he would move to approve this appropriation in order YOUR 227 the Parks and Recreation Department could continue to function but he would urge Department not to allow this to happen again in the future. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a supplemental appropriation to the Parks and Recrea- tion Department budget for fiscal year 1974 -75 in the amount of $8,000 in order tha the financial obligations of the department might be met for this fiscal year. The above resolution was passed by the following recorded vote: Raymond C. u Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye: TRANSFER OF FUNDS - COMMONWEALTH ATTORNEY'S OFFICE TO FUND INVESTIGATOR POSITION - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, tha • the following transfer within the 1974 -75 operating budget of the Commonwealth Attorney's Office is hereby authorized for the funding of an investigator position through June 30. 1975, at the rate of $9,818 per year, retroactive to May 22, 1975: Transfer from 05- 005C -102B Transfer to 05- 005C -102C $1,070.00 $1,070.00 BE IT FURTHER RESOLVED, That the Incentive Pay Plan passed by this Board on August 8, 1973, is hereby amended to include the position of investigator under the supervision of the Commonwealth Attorney. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. REQUEST FOR APPROVAL TO HOLD ART EXHIBIT - APPROVED AND MADE HENCEFORTH AN ADMIN- ISTRATIVE PROCEDURE _. SMrc'.ySandys presented -the request -of Mrs:.iCohnieiMartihntd hold:�.aneakt "6khibit the Courthouse property on June 7, 1975. Mr. Cole stated that he felt this type request should be made an administrati procedure rather that request action by the Board on each and every request of this type. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, E Virginia does direct that the request of Mrs. Connie B. Martin to hold an "Art Exhib on the Frederick County Courthouse property on June 7, 1975 is herein approved; and BE IT FURTHER RESOLVED, That the Board does herein direct that requests of th nature be henceforth made an administrative procedure through the County Adminis- trator or Deputy County Administrator. The above resolution was passed by the following:=•recotdddvuote: k2RaymondCC. Sandy, Aye; J. Robert Russell, Aye; Dennis T'.: Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. PAYMENT FOR CONSTRUCTION OF METAL BUILDING AT NEW LANDFILL SITE - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve - the payment of $4,239.00 to Cuckler Building Systems for the construction of a metal building at the new Frederick County Landfill site. ara�at�6a� 228 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; an Richard F. Madigan, Aye. I MOBILE HOME PERMIT - DALE C. ROTRUCK - APPROVED Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the mobile home permit of Dale C. Rotruck in Gainesbo 0 Magisterial District. The above resolution was passed by the following recorded vote: Raymond-C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; an Richard F. Madigan, Aye. AN ORDINANCE TO PROVIDE A 108 P ENALTY FOR LATE FILING OF TAXES IN FREDERICK COUNTY, VIRGINIA - FIRST AND SECOND READING - APPROVED Mr. Sandy presented the ordinance to provide a 108 penalty for late filing of taxes in Frederick County on first and second reading. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, ' BE IT RESOLVED, That the Board of supervisors of the County of Frederick, Virginia, does herein approve the following ordinance, on first and second reading: • AN ORDINANCE TO IMPOSE A TEN PERCENT PENALTY ON LATE PAYMENT OF REALESTATE, PERSONAL PROPERTY, MACHINERY AND TOOLS, AND MERCHANT'S CAPITAL IN THE COUNTY OF FREDERICK, VIRGINIA The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye, and Dennis T. Cole, Nay. RESOLUTION ABANDONING RAILROAD CROSSING OF WINCHESTER AND WESTERN RAILROAD ON OLD LOCATION OF ROUTE 632 - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, WHEREAS, Secondary Route 632 from Route 704 to .50 South a distance of .50 • miles, Industrial Access Project 0632- 034 -153, C -501, is being constructed to serve the same citizens as the road so altered. ' NOW, THEREFORE, BE IT RESOLVED, That the crossing of the Winchester and Western Railroad on the old location of Route 632 be abandoned pursuant to Section 33.1 -155 of the Code of Virginia of 1950 as amended. AND FURTHER This action is to become effective upon the completion of the new road and the opening of the new crossing to vehicular traffic. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and • Richard F. Madigan, Aye. BOARD ACCEPTS CETA TITLE VI FUNDS Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board hereby accepts the CETA Title VI funds as allocated by the Northern Valley Man- power Council for the position of Assistant Dog Warden provided that when and if ' CETA Title II funds are made to Frederick County for Public Service Em- ployment then the Assistant Dog Warden would be changed from CETA Title VI to CETA Title II funds and the remaining CETA Title VI funds will be returned to the Northe n Valley Manpower Council for future disbursement. The above resolution was passed by the following recorded vote: Raymond C. - 2 2.9 Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. APPOINTMENTS TO DRUG ABUSE COMMITTEE DISCUSSED Mr. Renalds stated that the Drug Abuse Committee had requested that Frederick County submit a list of ten names, eight of'which will be selected to serve as Frederick County's representatives on the Drug Abuse Committee. Mr. Cole requested the news media to announce that anyone interested in sery on this committee should contact the County Administrator's Office to submit his of • 11 her name. JAMES WILSON ADDRESSES BOARD RELATIVE TO NOTIFICATION OF RATE INCREASES AT LANDFILL Mr. James Wilson appeared before the Board and requested that he and other tra: collection businesses in the County be notified at least thirty days in advance be =. fore landfill rates are increased in order that they might so inform their customer of such an increase. He stated that without this notice theocollectors-•mustcabsoib I I lthis additional expense for a period of thirty to sixty days and he did not think this was fair. • Mr. Sandy apologized for this action and advised Mr. Wilson that the Board would notify the businesses so affected well in advance of any additional increase in the rates at the landfill. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Q - . CQ- Oa��7 ic- it S�ietary Bd. of Supervisors • At a Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the 11th day of June, 1975, in the Board of Supervisor's Meeting ' Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. ABSENT: J. Robert Russell, Vice Chairman. The Chairman called the meeting to order. • II APPROVAL OF MINUTES Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the minutes of the Regular Meeting of this Board held on May 14, 197 as submitted. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, APPROVAL OF BILLS Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the bills for the month of May, 1975, in the amount o $51,859.68 and does order the same paid by Warrants #10098- #10254 and #10257- #1027 2,30 The above resolution was passed by the following recorded vote: Raymond C. II Henry Snider, Jr. - Shawnee District - 1 rabbit Sandy T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Upon motion made by Dennis T. Cole and seconded-by Richard.F. Madigan, , APPROVAL OF PAYROLL IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following claim and does order the same paid: Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, Turkeys @ $12.00 each = • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, The above resolution was passed by the following Virginia, does herein approve the payroll for the month of May, 1975, in the amount of $69,957.63 and does order the same paid by Warrants #9932- #10097. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Ay I . . HEALTH DEPARTMENT Mr. Roy Williams appeared before the Board representing the Health and stated that he had no report to present this month. DOG WARDEN - REPORT AND CLAIMS - ROSENBERGER, WHITACRE, SNIDER - APPROVED Mr. Harold Whitacre, Dog Warden, appeared before the Board and presented hi" monthly report. , Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the following livestock claims and does order the same paid: 1. Frank Whitacre - Gainesboro District - 4 ewes @ $20.00 each = $80.00 2. Henry Snider, Jr. - Shawnee District - 1 rabbit @ $2.50 each = $2.50 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Upon motion made by Dennis T. Cole and seconded-by Richard.F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following claim and does order the same paid: 1. Thomas Rosenberger - Back Creek District - 2 Turkeys @ $12.00 each = • $24.00 The above resolution was passed by the following recorded vote: Raymond C. ' Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. CONDITIONAL USE PERMIT - FREDERICK COUNTY RECREATION DEPARTMEN - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the conditional use permit requested by the Frederick County Recreation Department in order that the County recreation area located on the • north side of Route 277 and the west side of Route 636 might be completed. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Ay CONDITIONAL USE PERMIT - RICHARD J. SCHERZINGER_- TABLED FOR PUBLIC HEARING Mr. Berg presented the application for conditional use permit of Richard J. Scherzinger to operate a small engine repair shop as a home occupation. Mr. Sandy asked if this application was for a sign or for the occupation pe , se and Mr. Berg replied that the application was for the occupation and that a sign would not be allowed. Mr. Berg read the section of the zoning ordinance permitting home occupations and the restrictions contained therein. He further presented the deed restrictions applying to, The Meadows subdivision-wherein the home occupation i� 231 proposed. Mr. Berg stated that the Planning Commission recommended denial of this application inasmuch as they did not feel the operation could be carried on under cover without extensive remodeling to the applicant's home and further because they felt it would generate a great deal of noise in the subdivision. He further stated that there had been complaints concerning the outside storage of lawnmowers from residents in the subdivision. The petitioner appeared before the Board and stated that he did not object to 1 7 J the restriction on the sign and that he is presently in the process of constructing an addition to his home for this purpose. Mr. Scherzinger stated that the only portion of the work done outside is the actual testing of the mowers after they are repaired and this is just a short period of time. Mr. Madigan expressed concern about' ?the noise involved in this occupation and .the possible nuisance to the neighbors such as interference with television sets. Mr. Scherzinger contended that the testing of the mowers would constitute no more noise than the normal mowing of a lawn. • Mr. Cole asked the applicant if he had contacted all his neighbors in order to let them know what his plans are and Mr. Scherzinger stated that he had talked to some of them. Mrs. Laura Pifer appeared before the Board representing the residents in the subdivision in opposition to this application. She stated that the neighbors on , either side of Mr. Scherzinger are invalids and directly affected by his plans for home occupation. She further stated that the residents objected tb--the present sta of disarray in the back of the applicants home. Mrs. Pifer presented several lette in opposition to the Board and cited the deed restrictions for the The Meadows Sub- division. She stated.that noise was generated not only from the testing of the mowers but also by the use of the machinery to repair them such as an air compresso Mr. Cole asked if a public hearing were held in the evening on this applica • would there be a larger delegation present in opposition and Mrs. Pifer replied t should the Board be inclined to grant the application, she would request that a public hearing be held so that other residents might be present to voice their opinions. Mrs. Pifer asked what type structure Mr. Scherzinger plans to build to use for • storage and how he had been able to operate this business thus far without a permit She stated that the residents felt that if the permit is granted it would render th ordiance ineffective and other residents wouldrretalliate' other ordin- ances. Mrs. Pifer asked Mr. Sandy if he felt he would be too biased to vote on thi issue inasmuch as he usesthe services of the applicant. Mr. Scherzinger stated that he plans to build an additional room onto his home for storage. Mr. Madigan asked Mr. Scherzinger if he would object to one of his neighbors a home occupation such as repairing automobiles or painting cars and Mr. Scherzinger stated that he would have no objection as long as the operation were L kept under cover. Mr. Madigan asked Mr. Scherzinger if he had an unlicensed car parked on his property and stated that he too had seen all the mowers, machinery, etc. behind the applicants home. Mr. Scherzinger stated that the automobile is in the process of being moved as 2.3 2 far as the storage of materials behind his home, this material had been brought to his home on Monday of this week and until his storage room is completed he had ho other place to put it. Mr. Madigan stated that should this application be granted others would to be granted and he felt this would tend to devalue the property in the subdivis He further stated that he felt this occupation should be in an M -1 zone. Mr. Cole stated that he felt the people in the subdivision were entitled to a public hearing on this application' Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that a public hearing be advertised and held on June 2% 1975, at 7:00 P.M. to consider the application for conditional use permit of Richard J. Scherzinger to operate a small engine repair shop for lawnmowers as a home occu- pation conducted within the garage attached to his house located in The Meadows Subdivision. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. MOBILE HOME PERMITS - BOYCE, KELLER, WHITACRE, DAY AND DYER - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board,of Supervisors of the County of Frederick, Virginia, does herein approve the following applications for mobile home permit: 1. Asbury A. Boyce, Jr. - Back Creek District 2. Mrs. Helen Keller - Back Creek District 3: Gary Whitacre - Gainesboro District:. 4. Irvin Day - Stonewall District 5. Robert Dyer - Back Creek District The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, ZONING ORDINANCE ADOPTED NOVEMBER 1,1973 VAnTMn - ADVVnvrn Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve,. on first and second reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 17 -5 -1 TO READ: A NON CONFORMING STRUCTURE TO BE EXTENDED OR ENLARGED SHALL CONFORM TO THE PROVISIONS OF THIS ORDINANCE, EXCEPT, HOWEVER, A NONCONFORMING STRUCTURE MAY BE ENLARGED OR MODIFIED IN SIZE ONLY IF SUCH ENLARGEMENT OR MODIFIDATION WILL NOT RESULT IN AN INCREASE IN THE DEGREE OF NONCONFORMITY. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, AN COUNTY ZONING ORDINANCE ADOPTE Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors -of the County of Frederick, Virginia, does herein approve, on first and second reading, the following ordinance. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBE 73 - 1';:019:7.3;::.TOI.REZONE: '.!1 ACRES;. MORE, OR'7 LESS .T,,.OFKSC':L:'VSHACKL'EF.ORD ESTATE:, - :�:::.::.: LOCATED. ON:' THE : IEAS.T�:SLDEP..OF :'ROUTEFs ".6:42 i2! SIX- TENTHS "(E' /.1O)XIMILE SOUTH OF KERNSTOWN INTERCHANGE 79; IN BACK CREEK MAGISTERIAL DISTRICT; FROM • L • • 233 RESIDENTIAL, LIMITED (R -2) TO INDUSTRIAL, LIMITED (M -1) 1 11 11 After review, the report of the Frederick County Sanitation Authority for the 11 The above resolution was passed by the following recorded vote: Raymond C. L� Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F Abstaining. REVISION - LOTS 32 AND 33, SECTION C, FREDERICK HEIGHTS SUBDIVISION APPROVED Mr Berg presented the request for plat revision of Lots 32 and 33 in the Fred- erick Heights Subdivision. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the plat revision of lots 32 and 33 in section C of Frederick Heights Subdivision as requested by the lot owners. The above resolution was passed by the following recorded vote: Raymond C. i • Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan,? month of May, 1975, was accepted. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson; BE IT RESOLVED, That the Board of Supervisors of Frederick County, Vitg1filA. that a loan in the amount of $2,140.24 is hereby authorized to the Frederick County Sanitation Authority. BE IT•FURTHER RESOLVED, That said funds are herein authorized to be expended from budget code 10- 01OH -902B 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 Auth BE IT FURTHER RESOLVED, That a breakdown of the funds requested is as follows: • 1 11 Perry Engineering Company $2,140.24 The above resolution was passed by the following recorded vote: Raymond C. ity as approved by this Board at a regular meeting on April 12, 1972, and is subj to the terms so established on that date. Sandy, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, taining. LOW BID FOR PAINTING AND RENOVATION OF THE EXTERIOR OF THE FREDERICK COUNTY COURT- HOUSE - R. L. HAINES AND SONS - ACCEPTED Mr. Cole stated that the Engineering Committee had reviewed all three bids re- ceived for the painting and renovation of the exterior of the Frederick County house and that they had unanimously agreed to recommend that the Board. accept the . He further stated that the project must be done in accordance with the speci- 11fications set forth by the County. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, nia, does herein approve and accept the bid of R. L. Haines and Sons in the r amount of $4,000 for repair and painting of the Frederick County Courthouse upon condition that all work be done in accordance with the County's specifications and bid sheet executed by said Richard L. Haines representing R. L. Haines and Sons. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, IF FUNDS - BRADDOCK HOUSE - APPROVED Mr. Madigan stated that the Finance Committee had met and recommended that the 23.4 County approve payment of $1,663.86 for the County's share for fiscal year 1974 -75 for the Braddock House and further that the County approve $2,000 for fiscal year 1975 -76 for County expenses during fiscal year 1975 -76. He stated that the Finance Committee felt that the County should take care of the expenses incurred by County residents at Braddock House. .Upon motion made by Richard F... Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that.the reimbursement request of the City of Winchester for Frederick County's.share of the Braddock House expenses through December, 1974, in the amount of $1,663.86 is hereby approved for payment out of current budget funds. BE IT FURTHER RESOLVED, That a 1975 -76 budget transfer in the amount of $2,000 is hereby authorized from account 19- 018E -699 Reserve for Jail Construction to account 05- 005D -299B Braddock House expenses, in order that reimbursements may made during the fiscal year beginning July 1, 1975. The above resolution was passed-by the following recorded'vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Ay APPROVAL OF BID FOR LIGHTING BALL DIAMOND AT CLEARBROOK PARK - CARPENTER ELECTRIC - APPROVED Mi. Renalds presented the bids received for lighting a ball field at Clear- brook Park as follows: Carpenter Electric, $8,200; Kane Electrical Contractors, $8,200; and Spectronics Electrical Contracting, $11,088.69. He stated that Parks and Recreation Commission recommended that the bid of Carpenter Electric be Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve and accept the bid of Carpenter Electric in the of $8,200 for the lighting of a ball diamond at Clearbrook Park, said amount to be paid from the funds approved by this Board on April 29, 1975 and May 28, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F':: Madigan, REQUEST FOR TAX REFUND - HOWARD CLINE, SR - APPROVED Upon motion made by Richard F. Madigan 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 $10.00�tboMxr.Howardr�l3ne._. Sr. for the erroneous purchase of a County automobile sticker. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, APPOINTMENT MANUEL SEMPELES TO LORD FAIRFAX COMMUNITY COLLEGE BOARD APPROVED Mr. Cole stated that Mr. Manuel Sempeles had requested appointment to the Lord Fairfax Community College Board and he felt Mr. Sempeles would be a good re- presentative for Frederick County and an assest to this Board. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Mr. Manuel Sempeles as a representative for Frederick County to the Lord Fairfax Community College Board for a term of 4 years, said term to commence on July 1, 1975 and terminate on June 30, 1979. The above resolution was passed by the following recorded vote: Raymond C. n U r-� L • • J Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, 2 3 - 5 APPOINTMENT OF HELEN LOCKE AND DEAN HOULT TO WINCHESTER- FREDERICK COUNTY DRUG ABUSE COMMITTEE - APPROVED ' Mr. Renalds;stated that Mrs. Helen Locke and Mr. Dean Hoult had volunteered to serve as representatives from Frederick County on the Drug Abuse Committee. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Mrs. Helen Locke and Mr. Dean Hoult to serve as sentatives from Frederick County on the Winchester- Frederick County Drug Abuse Committee; and, • BE IT FURTHER RESOLVED, That this Board does herein authorize the County Adm il istrator to make further appointments to this committee on behalf of the Board at such time as additional volunteers are available. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F, Madigan, STAFF REPORT - ACCEPTED After review, the monthly staff report was accepted. STAGGERED TERMS OF BOARD OF/ SUPERVISORS TO REMAIN AS APPROVED ON • II Mr. Ambrogi stated that the way the resolution is worded there is that it is in conflict with state statutes inasmuch as he understood that should board be comprised of an uneven number of members the staggered terms would be per- ssable but should the board be comprised of an even number of members, the terms t be equal. Mr. Madigan stated that he felt the Chairman at Large should definitelyrserve four year term in order to do the job efficiently. Mr. Cole stated that he felt if the Board was larger more qualified people be running for office. He further stated that he felt the_resblution approv • L� • staggered terms should be rescinded until the new board decides what they desire to as far as increasing the membership of the board. Mr. Richard Dick stated that he felt the staggered terms would be in the best interest of the County and that the new board should be the ones to decide whether the board should be larger and whether:=the Countys'shoald' +be redistricted. Mr. Dick further stated that he felt the Commonwealth Attorney should request an opinion fro the Attorney General as to whether the resolution as it now stands is appropriate. Mr. Dick requested that the duties of the Chairman at Large, the salary, etc. be determined by the Board as soon as possible. The Board agreed unanimously to request the Commonwealth Attorney to study thi matter further and should he deem it necessary, obtain an opinion from the Attorney General as to what action should be taken. OF BID - KERN MOTOR COMPANY - C nVVT1 - ADDVnXYV l Mr. Ambrogi presented the bids received on an automobile for the investigator in the Commonwealth Attorney's office. Upon motion made by Richard F. Madigan and seconded by Donald R Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve and accept the bid of Kern Motor Company in the of $4,400.00 for the purchase of a Pontiac LeMans automobile for the investigator the Commonwealth Attorney's office. 236 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Ay'. ' ROAD VIEWERS REPORTS - PRIORITIES ACCEPTED AS SUBMITTED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept the report of the road viewers for fiscal year 1975 -76 and the priorities set forth therein as submitted. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • REQUEST OF NEWS MEDIA FOR WEEKLY NEWS BRIEFING - APPROVED Mr. Jim Ackley, news reporter for the Winchester Evening Star, appeared be=. fore the Board and stated that the news media was requesting a weekly news briefing with the County Administrator, member of the County Staff and the Board in order that they might be able to keep better abreast of County government and to provide an easy flow of information. , After discussion, the Board agreed that weekly news briefings would be held with members of the news media, with the County Administrator, members of the County • staff and the Chairman of the Board, said briefings to be held on the first Wednes- day at 9:00 A.M. and the third Wednesday during the afternoon hours. BOARD RECESSES FOR DINNER Upon motion duly made, seconded and passed unanimously, the Board recessed at 4:38 P.M. for dinner. BOARD RECONVENES The Board reconvened at 7:00 P.M. The Chairman called the meeting to order. PUBLIC HEARINGS • AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 197 II , , TO.REZONE 5.363 ACRES, MORE OR LESS, OF FRANCIS P. LAGES, FROM BUSINESS, LIMITED 'IM-111 " -.DMT MAT /n -9\ - TDTnM TTTM DTMTT DVTTITMn _ AnnDMMM Mr. Sandy presented the rezoning request of Mr. Francis P. Lages for third and final reading. Mr. Lages appeared before the Board in support of his application for re- zoning. Mr. Shirley Carter appeared before the Board representing a delegation of 80 residents in the area in opposition this rezoning request and stated that they • objected to this rezoning inasmuch as they felt this would open the area up to B -2 businesses. He stated that the residents were at the present time enduring a very unpleasant situation created by a business in the area which is in violation of the County zoning ordinance and they were concerned that this same situation might de- velop again. He further stated that most-of the residents had been in the area for a long time and objected to it becoming a business district and that they were re- questing some protection from the Board in order to keep the'area residential. , Mr. Madigan stated that several businesses-_•are.'_a'llowed in the zoning district in which the property is presently zoned. Mr. Carter stated that the residents felt B -1 zoning gave them better pro- tection than B -2 zoning. 237 _. Mr. Madigan stated that businesses in the B -2 district were not that different from those allowed in the B -1 district. Mr. Carter stated that the landowner across the road is invviolationodfCCounty ordinances and nothing has been done to corredt this situation. He stated that the residents of the area are very concerned that a similar situation might occur. Mr. Ambrogi stated that this particular case is presently being pursued the Courts and it is a very lengthy process inasmuch as the defendant has the right to, appeal the Court's decision. Mr. Cole stated that the residents in the area are concerned and he did not • this delegation would be here if the situation did not exist across the road. He stated that the property is presently zoned B -1 and that there is just a technicali between B -1 and B -2. He then pointed out-the various businesses located in the B -1 district and stated that it is a matter of opinion as to what is undesirable. A gentlemen appeared before the Board and stated that the residents in the 1 • had appeared before the Board in the past relative to the situation across the road and that they are now requesting protection from the same situation occurring again He further stated that the residents would again request an overall plan for this area so that they would not have to appear before the Board each time a parcel of land is sought to be rezoned. Mr. Norris, another resident in the area, appeared before the Board and com- plained that the area had become infested with rats because of the condition of the property across the road which is in violation of County ordinances. Mr. Eugene Gunter appeared before the Board representing Mr. Guy Strosnider, a F_ 1 LA 1 landowner in the area. He requested the Board to consider the large new car deale ships in the County and stated that he had not observed any bad housekeeping at th businesses. Mr. Gunter pointed out the various uses of the property under the B -1 zoning and stated that some of these businesses would not be as desirable as a new car dealership. He stated that the proposed new car dealership is now located in downtown Winchester and operates a very clean business. Mr. Madigan asked Mr. Gunter what Mr. Strosnider's interest was in this re- zoning and Mr. Gunter stated that Mr. Strosnider felt the proposed use of the pro- perty would not devalue his property, which is adjacent to the proposed land, and he was concerned about what types of businesses might locate there should the rezoning be denied. Mr. Gunter suggested that the residents in the area might consider relocating • should they object to the business development in this area inasmuch as he felt the area would definitely develop into a business district. Mr. Hodgson stated that two years ago the area wherein Mr. Gunter resides had request for rezoning for the construction of townhQosess to which Mr. Gunter and the residents strongly objected. He stated that he did not feel the residents of that area had a more legitimate complaint than the residents appearing in opposition to this rezoning. Mr. Sandy stated that he too felt the residents were upset about the condition of the property across the road but with proper restrictions, this proposed business could be good for the area. Mr. Madigan stated that he did not feel the condition of the property across broad should be a basis for denying this rezoning request. 238 Mr. Hodgson':s.tated -that' aker.not - always'followed or enforced. He pointed out that Lowes, a business in the area, was under the restriction of operating under cover and they are not presently abiding by this restriction. Mr. Madigan stated that he felt Mr. Lages was aware of the fact that the Board of Supervisors would be observing quite carefully the plans and topography of the area and hopefully the law enforcement agencies would correct the condition of the property that is in violation in this area. Upon motion made by Dennis T. Cole and seconded by Richard F': Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve on third and final reading the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 5.363 ACRES, MORE OR LESS OF FRANCIS P. LAGES, LOCATED ON THE'SOUTH SIDE OF ROUTE 50 EAST, APPROXIMATELY ONE -HALF (1/2) MILE EAST OF INTERSECTION WITH ROUTH 522 SOUTH, IN SHAWNEE MAGISTERIAL DISTRICT; FROM BUSINESS, LIMITED (B -1) TO BUS- INESS, GENERAL (B -2) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Nays. AN ORDINANCE TO PROVIDE A BUILDING CODE FOR THE COUNTY OF AND FINAL READING - APPROVED VIRGINIA - THI The ordinance was read in full. Mr. Sandy explained that this ordinance to be adopted as submitted because the State so directs. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, 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 A BUILDING CODE FOR THE COUNTY OF FREDERICK, VIRGINIA BE IT ORDAINED, By-the Board of Supervisors of the County of Frederick, Virginia, that: SECTION I . Adoption of Building Code There is hereby adopted by the Board of Supervisors of the County of ick, Virginia, for the purpose of controlling all matters concerning the alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings and structures and their service equipment; that certa building code described as the Virginia Uniform Statewide Building Code, as amended and supplemented, as provided for by Title 36, Chapter 6 of the Code of Virginia, 1950, as amended, of which not less than three (3) copies have been filed in the office of the Clerk of the Circuit Court of Frederick County; and the same are here by adopted and incorporated as fully as if set out at length herein; and from the . date on which this ordinance shall take effect, the provisions thereof shall apply to existing and /or new buildings and structures contained within the County of Frederick, Virginia. SECTION 2 . Organization The building official shall appoint such number of officers, technical ass tants, inspectors and other employees as shall be necessary for the administration of the Virginia Uniform Statewide Building Code and as authorized by the Board of Supervisors. The electrical inspector for the Middle Department Inspection Agency shall be the electrical inspector for Frederick County, untilcotherwise directed by the Board of Supervisors. The electrical inspector from the Middle Department In- spection Agency shall hold such position without additional compensation from Fred- ft 40 red- • • • 11 '2.39 • erick County. the proposed work. ' SECTION 3 Fees (A) No permits as required by the Virginia Uniform Statewide Building Code, as (G) The permit fee schedule for plumbing inspections shall be amended and supplemented, shall issued until the fee prescribed by this ordinanc shall have been paid, Nor shall an amendment to a permit be approved until the addi- 1. Base plumbing permit tional fee, if any, shall have been paid. (B) The permit fee schedule for inspections of buildings and /or structures (whether new, remodeled, or added to) shall be as follows: • 1. One and two family dwellings, town houses, apartments, vacation homes, restaurants, motels, hotels - cents square foot .05 per Renewal of a building sewer without other $3.50 2. Warehouses - .02 cents per square foot 3. Commercial & industrial facilities - .03 cents per square "foo changes to existing system 4. Utility & accessory buildings - $7.50 5. Garages - $10.00 3. 6. Carports - $10.00 $3.50 7. Swimming pools - private - $15.00 8. Swimming pools - other - tZ of 18 of actual cost requiring water connection • 9. Re- roofing structures - $7.50 10. Re- siding structures - $7.50 4. Water supply to heating system 11. Minimum fee shall be - $7.50 12•. No.fee shall be charged for construction costing less than $500. ' (C) The fee for a building permit for the removal of a building or structure $2.00 ea. from one lot to another or to a new location on the same lot shall be at-the rate d twenty -five cents ($.25) per one hundred dollars ($100) of the estimated cost of Each additional inspection due to delay in $2.00 moving plus the cost of new foundations and all work necessary to place the building or structure in its completed condition in the new location. work, the use of improper material, or leaks (D) The fee for a permit for the demolition of a building or structure shall ' • be at three dollars ($3.00). 7. (E) In the case of a revocation of a permit or abandonment of discontinuance $2.00 ea. of a building project, the volume of the work actually completed shall be computed and any excess fee for the incompleted workjshall:Dbe; returned 'totthe:'.permitbadlder; The permit fee schedule for storm sewer inspections shall be as except that all penalties that may have been imposed on the permit holder under the requirements of the Virginia Uniform Statewide Building Code shall first be collect 1. Private property storm sewer (F) The term "estimated ", as used in this section, means the reasonable value ea. of allgservices, labor and materials necessary for the prosecution and completion of • the proposed work. (G) The permit fee schedule for plumbing inspections shall be as follows: 1. Base plumbing permit $5.00 Plus $1.50 for each fixture 2. Renewal of a building sewer without other $3.50 changes to existing system 3. Installation of air conditioning $3.50 requiring water connection 4. Water supply to heating system $3.50 5. Well pumps $2.00 ea. 6. Each additional inspection due to delay in $2.00 ea. work, the use of improper material, or leaks 7. New water & sewer line $2.00 ea. (H) The permit fee schedule for storm sewer inspections shall be as follows: 1. Private property storm sewer $2.00 ea. 240 2. Lateral $2.00 ea. 3. Roof drain $1.00 ea. 4. Outside leader $1.00 ea. NOTE: No fee for outside leaders wasting on ground or extending on curbline 5. Manhole $1.00 ea. 6. Area Drain $1.00 ea. (I) The permit fee schedule for electrical inspections shall be set by the Middle Department Inspection Agency unless otherwise specified by the Board of Sup- ervisors. SECTION 4 . Penalties (A) Any person who shall violate a provision of the Virginia Uniform Sta wide Building Code, as amended and supplemented, or shall fail to comply with any the requirements thereof or who shall erect, construct, alter or repair a building . or structure in violation of an approved "plan or directive of the building official or of a permit or certificate issued under the provisions of the Virginia Uniform Statewide Building Code, as amended and supplemented, shall be guilty of a misde- meanor, punishable by a fine of not more than one thousand dollars ($1000). Each day that a violation continues shall be deemed a separate offense. (B) There shall be an additional penalty of twenty -five dollars ($25) for not having obtained a building permit prior to commencing work. (C) There shall be an additional penalty of ten dollars ($10) for not cal ing for the required inspections: SECTION 5 . Conflicting Ordinances All conflicting building, plumbing; mechanical, and electrical ordinances parts thereof which are inconsistant with the provisions of this ordinance are her by repealed. However, nothing in this ordinance shall be held to invalidate any part of the Zoning Ordinance, as amended, or other-County ordinances heretofore or hereafter adopted by the County. SECTION 6 . Saving Clause Nothing in this ordinance shall be construed to affect any suit or proceed - ings now pending in any Court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing under any act or ordinance repeal d hereby. Nor shall any right or remedy of any character be lost, impaired or affectll by this ordinance. SECTION 7 . Validity Should any section of this ordinance be decided to be invalid, or unconsti- tutional, such decision shall not affect the validity or constitutionality of any other section of this ordinance. SECTION S . Effective Date This ordinance shall be in full force and effect on July 1, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F ".- i.Madigan, AN ORDINANCE TO AMEND THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE (SUBDIVISION nnnTMAWrWl Annnmcn crnonnav 1Z 107A Tn AMFA1n Q7rTTnN R -16 - THTRn AND FTNAL READ- The ordinance was read in full. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, r • • • r--1 11 292 241 • • • • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve on thiid and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE (SUBDIVISION ORDINANCE) ADOPTED FEBRUARY 13, 1974, TO AMEND SECTION 8 -16 TO READ: LOT: A NUMBERED AND RECORDED PORTION OF A SUBDIVISION•INTENDED FOR TRANSFER OF OWNERSHIP OR FOR BUILDING DEVELOPMENT, CONFORMING TO THE REQUIREMENTS OF THE FREDERICK COUNTY ZONING ORDINANCE The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, AND SEDIMENTATION CONTROL ORDINANCE FOR THE COUNTY OF FREDERICK, VI m� ""r M"rr nmrrnv The ordinance was read in full. No one appeared in opposition'toL.the-oidinance. Mr. Renalds stated that should the County elect not to adopt this ordinance State would set the regulations to be followed. Mr. Cole stated that he objected to Section 5 -2 inasmuch as he felt this would be much too restrictive on the farmers. After lengthy discussion the Board the County Administrator to request permission from the State to delete this Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table until July 25, 1975, the Erosion and Sedimentation C Ordinance for the County of Frederick, Virginia, in order to allow more time for study and further time in order to receive a decision from the State relative to deletion of Section 5 -2 of said ordinance. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, EXECUTIVE SESSION Upon motion made by Richard F. Madigan, seconded by Donald R. Hodgson, and passed unanimously, the'Board retired into executive session at 8:52 P.M. to discus; a personnel matter with the Commission for Parks and Recreation: BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Richard F. Madigan, seconded by Donald R. Hodgson, and passed unanimously the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Richard F. Madigan, and seconded by Donald R. Hodgson, and passed unanimously the Board reconvened into Regular Session. Mr. Cole did not re- turn to the Board meeting room for this reconvening of the Board. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT BOARD OF SUPERVISORS DO NOW ADJOURN. Time; 9:55 P.M. SetVretary Bd. of Supervisors At a Special Meeting of the Board of Supervisors of the County of Frederick, 299 242 Virginia, held.on the 23rd day of June, 1975, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; ' Dennis, T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order Mr. Sandy stated that the purpose of the special meeting was to permit the Board to interview four candidates for the position of Director of the Frederick County Parks and Recreation Department. BOARD RETIRES INTO EXECUTIVE SESSION • Upon motion made by Richard F. Madigan, seconded by Donald. Hodgson, and passed unanimously, the Board retired into executive session in the County Adminis- trator's Office to interview the candidates individually. IBOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Richard F. Madigan, seconded by Donald R. Hodgson, and passed unanimously, the Board withdrew from executive session. ' BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Richard F. Madigan, seconded by J. Robert Russell, and • passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT ITHE BOARD OF SUPERVISORS DO NOW ADJOURN. Se etary Bd. of Supervisors s At a Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the 25th day of June, 1975, in the Board of Supervisors' Meeting .Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. SAndy, Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to-order. IPUBLIC HEARINGS Mr. Renalds read' the ordinance in full. He stated that Mrs. Keckley, er, had requested the words "or $2.00 whichever is greater" be stricken from Page 2 of the ordinance. The Board agreed to this request. E • Mr. Cole asked why the penalty was sought to be raised from 58 to 108 and wh'b requested this increase. Mr. Renalds stated that this had been recommended by the Finance Committee after review of a new section of the Code. Mr. Cole stated that he felt this rate was unreasonable inasmuch as people ' could borrow money at cheaper interest rates than the penalty and interest to be charged for late payment of taxes. He further stated that one large:.deveioper ' tn'_t County has been consistently late in the payment of taxes and it would appear that this increase would result in everyone paying the penalty because of this one large developer. 243 Mr: Sandy asked Mrs. Keckley if she felt the 108 penalty would cause a hardsh for many people and she stated-that she did not inasmuch as the same people seem to ' be the ones who are late every year. Mr. Sandy asked her to explain how the penalty and interest would be calculate She stated that the 58 penalty would begin on December 6th and would continue until June 30th; thereafter roughly � of 18 per month interest would be added for the first year: She stated that the 88 interest would be reached during the second therefore you would have to be one year behind in the payment of taxes before the 88 rate would be reached. • Mr. Sandy asked if she felt the 108 penalty would be helpful her in the collection of taxes and she stated that she felt it would. Mrs. Keckley further stated that she felt the 108 penalty might encourage the larger developers to pay on time. Mr. Cole stated that he felt the penalty and interest as proposed in the or- dinance was excessive and many of the county.citizens could not afford to pay it. II Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, 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 IMPOSE A TEN PERCENT PENALTY ON LATE PAYMENT OF REAL ESTATE, PERSONAL PROPERTY, MACHINERY AND TOOLS, MERCHANT'S CAPITAL TAXES IN THE COUNTY OF FREDERICK, VIRGINIA BE IT ORDAINED, By the Board of Supervisors of the County of Frederick, Virgin! Section 1. Pursuant to the authority granted in Title 58, Chapter 17, Section 58 -847 of the Code of Virginia, 1950, as amended, a penalty of ten (10) percent of the taxes past due shall be added to any late tax payment and paid. This provision shall apply to real estate, tangible personal property, machinery and tools, and merchants capital tax payments received by the Treasurer after December 5th of each tax year in Frederick County, Virginia. • Section 2 . Should any section of this ordinance be declared invalid or uncon- stitutional, such decision shall not'affect the validity or constitutionality of an ' other section or provision of this ordinance. Section 3 . This ordinance shall be in full force and effect immediately for tax year 1975 and all subsequent tax years. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye and Dennis T. Cole, Nay. • II RICHARD J. SCHERZINGER - APPLICATION FOR CONDITIONAL USE PERMIT - DENIED Mr. Scherzinger appeared before the Board in support of his application for conditional use permit and presented two letters, one from Mrs. Barbara McAvoy and one from Mrs. Louise H. Ford, in support of his application. Mr. Scherzinger ex- plained that both of these people are his immediate neighbors, one on either side application for conditional use permit and stated that the residents in the subdiv sion who are in opposition to this application felt their rights were being violat Mrs. Pifer stated that Mr. Scherzinger was operating a business which did not belong in a subdivision and that she had been advised that the residents were rela- tively unprotected as far as the covenants in their deeds are concerned. his home. Mrs. Laura Pifer appeared before the Board in opposition to Mr. Scherzinger's 1 application for conditional use permit and stated that the residents in the subdiv sion who are in opposition to this application felt their rights were being violat Mrs. Pifer stated that Mr. Scherzinger was operating a business which did not belong in a subdivision and that she had been advised that the residents were rela- tively unprotected as far as the covenants in their deeds are concerned. 244 .Mrs. Pifer• stated that'Mr'. Scherzinger has not removed the sign from his yard as he was instructed to do but had merely painted over it. After discussion Mr. Scherzinger was advised that a sign was not allowed and he would have to remove it. He agreed to this request. Mr. Madigan expressed concern about the growth of the business Mr. Scherzinger proposes, stating that it could become a'full time business operating within a resi dential area if -the permit was granted. He further stated that he felt it would be very difficult to keep an operation of this type under cover. Mr. Scherzinger stated that he could not at this point know whether the business would grow into a full time operation but he realized he would have to move if this should occur. Mr. Madigan stated that he felt the subdivision was a-very nice residential area and he was concerned about the effect this business might have on the value o the homes and also the nuisance the noise might create. Mr. Cole stated that he felt approval of this application for conditional use permit would set a precedent and the Board would then have others they would be obliged to approve. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein deny the application for conditional use permit of Richard J. Scherzinger to operate a small engine repair shop for lawnmowers and riding mowers as a home occupation, conducted within garage attached to house, located in the Meadows Subdivision. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson,'Aye; Richard F. Madigan, Aye. EROSION AND SEDIMENTATION CONTROL ORDINANCE - ACTION DELAYED Mr. Elmer Venskoske appeared before the Board and stated that the 1974 General Assembly had passed an erosion and sedimentation control law and if the County did not pass an ordinance on erosion and sedimentation control by July 1, 1975, the would have control in the County on this matter. Mr. Renalds stated that the State had approved the draft of the County ord and a letter had been received approving'the deletion of Section 5 -2 as requested the Board. Mr. Eugene Bayliss appeared before the Board representing Lake Holiday Estates Utility Company and The Summit and stated that they objected to some of the languag used in the ordinance but were in favor of the intent of the ordinance. He further stated that he had requested his attorney, Mr. William A. Johnston to prepare a stu of this ordinance and list the specific objections and comments they had with respe to the same. Mr. Johnston then appeared before the Board and presented a copy of the ordinance with his comments on each section. He then reviewed each section of the ordinance and explained his comments and objections. Mr. Russell stated that he felt the County should have control in this area rather than the state and therefore he was in favor of adopting an ordinance before the deadline date should the Board be able to work out the various problems dis- cussed. • J • • • 245 the State Code. Mr. John s-tonasta'fed that he felt_- the. oidinaiice. should be studied very closely inasmuch as so many changes had been proposed. • 11granted Mr. Venskoske stated that State Soil and Water Conservation Commission had an extension on the deadline for adoption of the ordinance inasmuch as the groundwork had been previously approved. The Board then requested Mr. Renalds and Mr. Ambrogi to meet with Mr. Johnston to work out the wording and details of the ordinance as discussed and present it to the Board at their Regular Meeting on July 9, 1975, for action. COOPER SUBDIVISION - SHAWNEE DISTRICT - APPROVED ' Mr. Berg presented the plat of Cooper Subdivision stating that this subdivisioi consisted of two lots. He further stated that two houses had been built on this • parcel of land and now the owner desires to split it into two parcels in order to - sell one of the homes to a member of the family. Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the Cooper Subdivision in Shawnee Magisterial District consisting of two lots fronting on Route 7. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Abstaining. • II MOBILE HOME PERMITS - BAYS, FREDERICK CO SCHOOL BOARD, VERNON S. FRF.nPPTrY rnTTNTV RrPMT. RnARn - APPRnurn Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following mobile home permits: 1. Earl L. Bays - Back Creek District 2. Frederick County School Board - Back Creek District 3. Frederick County School Board - Stonewall District 4. Vernon S. Rexrode - Stonewall District The above resolution was passed by the following recorded vote: Raymond C. • Il Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald.R. Hodgson, Aye; Richard F. Madigan, Aye. BUDGET TRANSFERS - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, in order to facilitate closing of accounts as of June 30, 1975, the following 1974 -1 ' budget adjustment and General Operating Fund appropriation transfer are herein approved as follows: Budget Adjustment General Revenue Fund: Increase 05 -670 EEA /PEP /EJP Funds $6,600.00 General Operating Fund: Increase appropriation 18 -018H -123 $6,600.00 There followed lengthy_ discussion.as;to_, the t -.wording•.of',theiordinance as com- pared to the wording in the State Code. Mr. Johnston suggested that the statutory ' wording be tracked in the ordinance. The bond provision set forth in the ordinance was discussed at length and the Board requested that the words-"with the right of appeal to the governing body" be inserted and that this section track the wording of the State Code. Mr. John s-tonasta'fed that he felt_- the. oidinaiice. should be studied very closely inasmuch as so many changes had been proposed. • 11granted Mr. Venskoske stated that State Soil and Water Conservation Commission had an extension on the deadline for adoption of the ordinance inasmuch as the groundwork had been previously approved. The Board then requested Mr. Renalds and Mr. Ambrogi to meet with Mr. Johnston to work out the wording and details of the ordinance as discussed and present it to the Board at their Regular Meeting on July 9, 1975, for action. COOPER SUBDIVISION - SHAWNEE DISTRICT - APPROVED ' Mr. Berg presented the plat of Cooper Subdivision stating that this subdivisioi consisted of two lots. He further stated that two houses had been built on this • parcel of land and now the owner desires to split it into two parcels in order to - sell one of the homes to a member of the family. Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the Cooper Subdivision in Shawnee Magisterial District consisting of two lots fronting on Route 7. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Abstaining. • II MOBILE HOME PERMITS - BAYS, FREDERICK CO SCHOOL BOARD, VERNON S. FRF.nPPTrY rnTTNTV RrPMT. RnARn - APPRnurn Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following mobile home permits: 1. Earl L. Bays - Back Creek District 2. Frederick County School Board - Back Creek District 3. Frederick County School Board - Stonewall District 4. Vernon S. Rexrode - Stonewall District The above resolution was passed by the following recorded vote: Raymond C. • Il Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald.R. Hodgson, Aye; Richard F. Madigan, Aye. BUDGET TRANSFERS - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, in order to facilitate closing of accounts as of June 30, 1975, the following 1974 -1 ' budget adjustment and General Operating Fund appropriation transfer are herein approved as follows: Budget Adjustment General Revenue Fund: Increase 05 -670 EEA /PEP /EJP Funds $6,600.00 General Operating Fund: Increase appropriation 18 -018H -123 $6,600.00 246 ,. FROM Special Loan - Sanitation Authority 1 TO: 10- 01OJ -215B General Fund: 1,809.79 General Fund: Repair & Replacements - Buildings & Grounds 08 -008D -225 $ 2,384.32 05- 005D -229B $ 1,663.86 09 -009A -229 4,000.00 06 -006B -310 9,000.00 19 -006A -400 4,900.00 15 -015A -226 700.18 19 -006B -603 4,100.00 16 -016A -399 20.28 Total $15,384.32 18 -01SC -298 4,000.00 Total 15,384.32 BE IT FURTHER RESOLVED, That the following unused 1974 -75 General Operating Fund appropriations are hereby to be carried over and appropriated for use in the 1975 -76 General Operating Fund budget: 10- 01OH -902B Special Loan - Sanitation Authority 1 $ 95,134.58 10- 01OJ -215B Repair & Replacements - Buildings & Grounds 1,809.79 12- 012B -215B Repair & Replacements - Buildings & Grounds 404.58 18 -18F6 -326 Census, Surveys and Reports 4,933.10 19 -01OJ -499 Signs 500.00 19- 019J -601C' Access Road 9,390.04 19- 019J -601D Preparation of Container Area 600.00 19 -014B -603 Alterations to Old Buildings 3,881.55 19- 18F5 -601D Improvements to Sites - Softball Diamond 8,013.90 Total: $124,667.54 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. REQUEST FOR LOAN FUNDS - FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By Frederick County Board of Supervisors of Frederick County, Virginia, that a loan in the amount of $3,938.00 is hereby authorized to Frederick County Sanitation Authority; and, BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended from budget code 10- 01OH -902B 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 Auth ity as approved by this Board at a regular meeting on April 12, 1972, and is subj to the terms so established on that date; and, BE IT FURTHER RESOLVED, That the breakdown of the funds requested is as C & S Equipment and Supply Company $3,938.00 The above resolution was passed by following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye and Dennis, T. Cole, Abstaining. RESOLUTION REQUESTING AUDIT OF COUNTY RECORDS FOR FISCAL YEAR 1974 -75 - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, By the Frederick County Board of Supervisors 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, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. APPROVAL OF BILLS Mr. Cole asked Mr. Pike, Interim Director of Parks and Recreation, if he had put to bids all projects in excess of $500 and Mr. Pike stated that he had. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, L \J • • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve bills for the month of June, 1975, in the amount of $37,640.17 and does order that`:the same be paid by Warrants #10277- #10365 and #1036 ' #10376. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. REQUEST FOR REFUND - MRS. DELPHINE HAMILTON - ERRONEOUS PURCHASE OF COUNTY STICKERS APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request for refund of Mrs. Delphine Hamilton in the amount of $20.00 for the erroneous purchase of two County automobile stickers. The above resolution was passed -by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T'..Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. ' REQUEST FOR REFUND - MS. LORETTA M. WINE - PAYMENT OF PERSONAL PROPERTY TAXES - DENIED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein deny the request for refund of Ms. Loretta M. Wine in the amount of 66.97 inasmuch as it is the opinion of this Board that Ms. Wine was in liable for payment of these taxes for 1974. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ]land Richard F. Madigan, Aye. AMENDMENT TO RESOLUTION PROVIDING FOR STAGGERED TERMS FOR BOARD OF SUPERVISORS - nvnunvFn Mr. Ambrogi advised the Board that the resolution providing for staggered terms • fdr the Board of Supervisors should provide four year terms for three Board members, including the Chairman at Large and two year terms for the remaining three Board members thereby splitting the terms of the Board members equally. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein amend the resolution passed on March 12, 1975, providing for staggered terms for members of the Board'of Supervisors to read as follows: BE IT RESOLVED, By the Frederick County Board of Supervisors that • in accordance with Title 24.1, Chapter 6, Article 3, Section 24.1 -88 of the Code of Virginia, 1950, as amended, this Board does hereby provide by this resolution that members of the Frederick County Board of Supervisors be hereby elected at the Regular Election in November, 1975, biennially for four year terms: to -wit, three (3) members shall be elected for four year terms, one of whom shall be the Chairman at Large, and three (3) members elected for two year terms at the Regular Election in November, 1975 and thereafter all members shall be elected for four year terms, the terms determined by lot by the Electoral Board of Frederick County in accordance with Section 24.1 -88 of the Code of Virginia, 1950, as amended. The above resolution was passed by the following recorded vote: Raymond C. ' Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. ,REQUEST FOR ROAD ADDITIONS - LAKESIDE ESTATES - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia does herein request the Virginia Department of Highways to accept in to n Secondary Road System the following roads in Lakeside Estates Subdivision in Opequ Magisterial District pursuant to:-.the provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended: 1. Lakeside Drive - Length 2540 feet - -From Route 642 to Oak Ridge Drive 2. Oak Ridge Drive - Length 1250 feet - From Lakeside Drive to Laurel Drive 3. Hickory Hill Drive - Length 390 feet - From Lakeside Drive to Route 1031 4. Stanley Drive - "Length 685 feet - From Lakeside Drive to Route 1033 5. Mulberry Circle - Length 671 feet - From Oak Ridge Drive to Cul -de -sac 6. Butternut Drive - Length 700 feet - From Lakeside Drive to Aspen Drive 7. Aspen Drive - Length 400 feet.- From Butternut to White Pine Circle 8. White Pine Circle - Length 742 feet - From Aspen Drive to Cul -de -sac 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=.voteE-r.Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. REQUEST FOR ROAD ADDITIONS - NOTTOWAY SUBDIVISION - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein request the Virginia Department of Highways to accept in to the Secondary Road System the following roads in Nottoway Subdivision in Opequon Magis- terial District pursuant to the provisions of Section 33.1 -229 of the Code of Vir- ginia, 1950, as amended: 1. Nottoway Drive containing 840 linear feet 2. Buckingham Drive containing 1260 linear feet 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: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; IlRichard, F. Madigan, Aye. REQUEST FOR ROAD ADDITIONS - STONEBRO FARMS - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein request the Virginia Department of Highways to accept in to Secondary Road System the following roads in Stonebrook Farms Subdivision in Back Creek Magisterial District pursuant to the provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended: 1. Stonebrook Road - Length 610 feet - From Sharon Drive to Beverly Drive 2. Sharon'Drive - Length 1350 feet - From Stonebrook Road to Greenfield Road 3. Beverly Drive - Length 1350 feet - From Stonebrook Road to Greenfield Road 4. Greenfield Road - Length 900 feet - From Beverly Drive to 175 feet east of Sharon Drive 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: Raymond C. Sandy, - Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. • • • • Fj .. . A __ 249 RESOLUTION REQUESTING REEVALUTATION OF ROAD PRIORITY #2 FOR 1974 -75 - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, ' WHEREAS, A certain road, located on the East side of U. S. Route 11 North, approximately 0.30 miles north of the U.' S. Route 11 and Route I -81 interchange, extending from U. S.' Route'll in an easterly direction, a distance of approximately 0.25 miles, was considered by the'road 'viewers from Frederick County and assigned a priority two (2) -for fiscal 1974 -75; and, WHEREAS, Said road became first.priority for 1974 -1975 in accordance with the policy of the Frederick County Board of Supervisors-when the priority one (1) road • Ilwas unable to be built due to right -of -way not being available; and, WHEREAS, A memorandum from Mr. D. L. Camper, Assistant Secondary Roads Engineer to Mr. P. F. Cecchini, Staunton District Engineer, dated November 21, 1974, stipum lates that the road must be considered a subdivision road and that "... it would appear quite questionable that this road could be added to the system with partici- pation by secondary road funds..." since approximately 508 of the road frontage is ' held under single ownership; and, WHEREAS, Further inquiry appears to be indicated due to the need for construc- • of this road occasioned by the public service rendered to five occupied dwell =- ll tion ings along this road, and due to the changes in County subdivision regulations with; in the time frame during which residences were constructed along this road, which changes directly affect Virginia Department of Highways policies for classification of roads requested to be added to the State Secondary System, NOW, THEREFORE, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Virginia Department of Highways be hereby requested to reevaluate the a cited road for consideration for adding to the State Secondary System as a rural addition or as an alternative under the policy of construction with participation Virginia Department of Highways Secondary Road Funds; and, • BE IT FURTHER RESOLVED, That an attested copy of this resolution.be filed im- mediately with the Virginia Department of Highways. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; T. Cole, Aye; Donald R. Hodgson, Aye; a Richard F. Madigan, Aye. RESOLUTIONS FROM MONTGOMERY COUNTY, VIRGINIA, RELATIVE TO LOCAL INCOME ADDITIONAL ONE PERCENT SALES TAX AND STATE ASSISTANCE TO COUNTIES WITH Mr. Sandy presented three resolutions from Montgomery County, Virginia request- ing the General Assembly to pass legislation to provide for a local income and further to allow an additional one percent sales tax. He stated that the third resolution requested assistance from the state to counties containing state insti- tutions which produce no tax base. The Board agreed to take these resolutions under advisement before taking any action. MR. VERLIS PUGH ADDRESSES BOARD RELATIVE TO DENIAL OF BUILDING PERMIT Mr. Verlis Pugh appeared before the Board and stated that he had applied for a building permit for construction of a home workshop and after inspection of the property by Mr. Webber and Mr. Riley he was under the impression that the permit would be issued. He further stated that he had subsequently been informed that the permit would be denied. Mr. Pugh stated that he now conducts his business in the garage attached to his home and desires to construct a separate building on his 2..5.0 property for this business. He stated that he had been operating the business from his garage for many years. Mr. Sandy stated that as he understood the situation, as long as Mr. Pugh con- ' ducts his business within a building adjoining his home it would be considered a home occupation but if it was conducted in a separate building it would not be con- sidered as such, and therefore would be in violation of the provisions of the zonin ordinance. There followed lengthy discussion as to whether this business would be consid- ered a new business-or one which was in existence before the enactment of the zoning • ordinance. II The Board directed Mr. Berg to meet with Mr. Ambrogi to review this situation and work out a solution to the questions involved. RESOLUTION OF COMMENDATION - MRS. DOROTHY LINDSAY - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, By the Frederick County Board of Supervisors that this Board does hereby commend Mrs. Dorothy Lindsay, a public health nurse with the Frederick ' County Health Department, for her service during the past twenty -five years, and further, that this Board does hereby congratulate her on such vital service in the • interest of the citizens of Frederick County; and, BE IT FURTHER RESOLVED, That an attested copy of this resolution be hereby warded to Mrs. Dorothy Lindsay. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, and passed unanimously, the Board retired into executive session to discuss personnel • and legal matters.' BOARD WITHDRAWS FROM EXECUTIVE SESSION ' Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, and passed unanimously, the Board withdrew from executive session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, and passed unanimously the Board reconvened into Regular Session. • WILLIAM D. PIKE EMPLOYED AS DIRECTOR OF THE FREDERICK COUNTY PARKS AND RECREATION DEPARTMENT Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein direct that William D. Pike.is herewith hired as Director of the Frederick County Parks and Recreation Department at a salary of $14,124 per yea l, effective date of said employment to be July 1, 1975; and, , BE IT FURTHER RESOLVED, That the Board does herein direct that $1,177 be here- with transferred from category number 18F1 -109A to category number 18F1 -102 in to increase.the annual salary in category number 18F1 -102 from $12,947 to $14,124. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard, F. Madigan, 251 and Dennis T. Cole, Abstaining stating that he objected to the salary increase over the budget amount. Mr. Hodgson asked if the Recreation Commission could do without the money in the part -time position. Mr. Madigan explained the transfer. The Recreation Comm sion agreed to the transfer. Mr. Pike then introduced his wife, Kathleen and presented the following state- ment: "I want to thank the Frederick County Board of Supervisors for their support and confidence in extending to me this challenging opportunity. In the last 3 1/2 years, this Board has initiated and continued to support • a program of parks and recreation of which all citizens of our county should be proud. The Board has my pledge of loyalty and dedication as we work to- gether to provide to the people of Frederick County better opportunities to lead richer and fuller lives and to better utilize their leisure time. I also wish to thank those members of the Parks and Recreation Com- mission who have given so unselfishly of their time in support of our pro - grams.' The advise and guidance of the commission has helped greatly to make for a smooth transition during the interim period, and I look forward to a close working relationship in the future. I wish to also express my deepest appreciation to the County Admin- istrator, the county administrative staff, and to the staff of the parks ' and recreation department. The assistance and understanding has been out- standing, and I am most pleased that I will have the opportunity to con- tinue working with such fine and dedicated public servants. • Finally, my sincere thanks to the Frederick County School Board, the Superintendent, and all my colleagues within the school system during the past eleven years. The decision to leave the teaching profession was not an easy one for me, and I shall always cherish these years and the friend- ships which have been made." /s/ William D. Pike Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that William D. Pike be retained as Interim Director • the Parks and Recreation Department until July 1, 1975, at a salary of $800 per at which time he shall assume the position of Director of Parks and Recreation. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT BOARD OF SUPERVISORS DO NOW ADJOURN. Seb&etary Bd. of Supervisors Chairm Bd. ot At a Special Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the 30th day of June, 1975, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. ' PRESENT: J. Robert Russell, Vice - Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. ABSENT: Raymond C. Sandy, Chairman. The Vice - Chairman called the meeting to order. WAIVER OF NOTICE OF SPECIAL MEETING PRESENTED , 0 The following executed Waiver of Notice of Special Meeting was presented. 252 0 0 We, the undersigned Members of the Board of Supervisors of Frederick County, Virginia, the Commonwealth Attorney and Clerk of the Board do hereby waive Notice of Special Meeting on the date df Monday, June 30, 1975, at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, said meeting called for the following purposes: 1. Action on the Erosion and Sedimentation Control.Ordinance Signed and attested this 30th day of June, 1975. /s/ Raymond C. Sandy Raymond C. Sandy Chairman Opequon District /s/ J. Robert Russell J. Robert Russell Vice Chairman Gainesboro District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Donald R. Hodgson Donald R. Hodgson Shawnee District /§/ Richard F. Madigan Richard F. Madigan Back Creek District ATTEST: /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney /s/ Ann Kelican Ann Kelican, Deputy Clerk /s/ J. O. Renalds, III Frederick County Board of Supervisors J. O. Renalds, III County Administrator. AN EROSION AND SEDIMENTATION CONTROL ORDINANCE FOR THE COUNTY OF FREDERICK, VIRGIN mnrnn w..n rnnoneran The ordinance was read in full. Mr. Cole asked what documents or plans an applicant would have to submit to issuing agency to comply with the ordinance. He asked if the site plan which is presently required would suffice. Mr. Renalds stated that he felt the site plan would suffice in most cases as long as it set forth the procedures to be following during the development of the project to prevent erosion. He further stated that he felt the Board would find that the ordinance would have to be amended from time to time after it is implemented as is the case in many other ordinances. Mr. William A. Johnston, representing Mr. Eugene Bayliss, appeared before the Board and stated that he felt the ordinance was now in a form suitable to him and his client. There was no opposition to the ordinance. After a brief discussion Dennis T. Cole moved to. amend the effective date of. ordinance, said ordinance to become effective at 8:00 P.M. on June 30, 1975. Ric F. Madigan seconded this motion and it was passed unanimously. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading the Erosion and Sediments tion Control Ordinance for Frederick County as follows and further does herein approve the program established for Frederick County as submitted and reviewed by this Board: E 171 u • t EROSION AND SEDIMENTATION CONTROL ORDINANCE FOR COUNTY OF FREDERICK, VIRGINIA WHEREAS, For the purpose of alleviating harmful and /or damaging effects of on- site erosion and siltation of neighboring downstream properties during and after de- velopment; WHEREAS, The General Assembly of the Commonwealth of Virginia, under Title 21, Chapter 1, Article 61., Sec. 21 -89.1 et seq ., of the Code of Virginia authorized localities to adopt an erosion and sedimentation control program prior to July 1, 1975; NOW, THEREFORE, The County of Frederick does hereby adopt the following Erosion and Sedimentation Control Ordinance. SECTION 1: Purpose An ordinance providing for, both during and following development, the control f erosion and sedimentation; and establishing procedures for the administration and enforcement of such controls. SECTION 2: Application Except as provided for in Section 4 of this ordinance, no person may engage in • any land disturbing activity, until such person has submitted to Frederick County, has had reviewed by and has had approved by the County Engineering Department, an erosion and sediment control plan for such land disturbing activity. SECTION 3: Definitions For the purpose of this ordinance, certain terms and words used herein shall be interpreted as follows: 1. "Governing Body" shall mean the Board of Supervisors of Frederick County. 2. "Administrator" shall mean the Department Head of the County Engineering Department or such other official designated by the Governing Body to serve as its agent to administer this ordinance. • 3. "District or Soil and Water'Conservation District" shall mean a governmenta ' subdivision State organized in accordance with the provisions of the Soil Conservation Districts Law Title 21, Chapter 1, Code of Virginia as amended. 4. "Plan Approving Authority" shall mean the Frederick County Engineering De- partment. 4A. "Permit Issuing Authority" shall mean the Frederick County Engineering De- partment. • 5. "Clearing" shall any activity which removes the vegetative ground cover including but not limited to the removal, root mat removal and /or topsoil removal. 6. "Grading" shall mean any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condi 7. "Excavating" shall mean any digging, scooping or other methods of removing earth materials. 8. "Filling" shall mean any depositing or stockpiling of earth materials. 9. "Transporting" shall mean any moving of earth materials from one place to another, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover, either by tracking or buildup of earth materials to the extent that erosion and sedimentation M 254 result from the,smil or -earth inaterials ' which' transporting occur term shall not include: (i) such minor land- disturbing activities as home gardens and individual home landscaping, repairs and maintenance work; (ii) individual service connections and construction or installation of public utility lines; (iii) septic tank lines or drainage fields unless included in an overall plan for land- disturbing activity relating to construction of • the building to be served by the septic tank system, (iv) surface or deep mining, neither shall it include tilling, planting, or harvesting of agri- cultural, horticultural, or forest crops; (v) construction, repair or re— building of the tracks, right -of -way, bridges, communication facilities other related structures and facilities-of a railroad company; (vi) paration for single - family residences separately built, unless in conjunc- tion with multiple construction in subdivision development; (vii) disturbed land areas for commercial or noncommercial uses of less than ten thousand is square feet in size; provided, however, that the governing body of the 7•N county, city, town or district, may reduce this exception to a smaller area of disturbed land and /or qualify the conditions under which this exception shall apply; (viii) installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; (ix) emergency work to protect life, limb-or property, and emergency repairs; provided that if th 10. "Land Disturbing Activity" shall mean any land change which may result in soil erosion from water or wind and the movement of sediments into waters ' or onto lands, including, but not limited to, clearing, grading; excavating transporting and filling of land, other than federal lands, except that the land- disturbing activity would have required an approved erosion and sedi- .ment control plan, if the activity were not an emergency, then the land are disturbed shall be shaped and stabilized in accordance with the requirement of-the local plan- approving authority. • 11. "Land Disturbing shall mean a permit issued by Frederick County for clearing, filling, excavating, grading or transporting, or any combination , thereof. 12. "Erosion and Sedimentation Control Plan" of "Plan" shall mean a document containing material for the conservation of soil and water resources of a unit or a group of units of land. It may include appropriate maps, an priate soil and water plan inventory and management information with n interpretations, and a record of decisions contributing to conservation II • treatment. The "Plan" shall contain all major conservation decisions to assure that the entire unit or units of land will be so treated to achieve the conservation objectives. 13. "Person" shall mean any individual, partnership, firm.. association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, or other legal entity. , SECTION 4•: Non - Controlled Activities In no instance shall the provisions of this Ordinance be construed to apply to the following: 7 255 1. Such minor land disturbing activities•as; home gardens and individual home landscaping, repairs and maintenance work; ' 2. Individual service connections and construction or installation of public utility lines; 3. Septic tank lines or drainage fields unless included in an overall plan for land disturbing activity to construction of the building to be served by the septic tank system; 4. Surface or deep mining, tilling, planting or harvesting of agricultural, horticultural, or forest crops; or clearing and transporting on priv- ately owned, occupied or operated agricultural, horticultural, or forest land; 5. Construction, repair or rebuilding of the tracks, right -of -way, bridges, communication facilities and other related structures and facilities of a railroad company; 6. Preparation for single - family residences separately built, unless in conjunction with construction in subdivision development on adjoining .lots. • 7. Disturbed areas for commercial or noncommercial uses of less than ten thousand (10,000) square feet in size; B. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; 9. Emergency work to protect life, limb or property, and emergency re- pairs; provided that if the land disturbing would have required an approved erosion and sediment control plan., if the-activity-were not an emergency, then the land area disturbed shall be shaped and'stabil- ized in accordance.with the requirement of the local plan approving authority; • 10. Engineering operations on privately owned, occupied or operated agri- cultural, horticultural or forest lands such as the construction of terraces, terrace outlets, check dams, disilting basins, floodwater retarding structures, channel improvements, floodways, dikes, ponds, ditches, and the like; the utilization of strip cropping, lister fur- rowing; land drainage; land irrigation; seeding and planting of waste, sloping, abandoned, or eroded lands to water - conserving and erosion - preventing plants, trees, and grasses; forestation and reforestation, • II rotation of crops, soil stabilization with trees, grasses, legumes, and other thick growing, soil holding crops; retardation of runoff by in- creasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas now badly gullied or otherwise eroded. SECTION 5: Regulated Land Disturbing Activities 5- 1....Except as provided in subsections 5 -2 and 5 -3, no person shall engage in disturbing activity after the adoption of this ordinance until he has submitted to ' the Frederick County Engineering Department an erosion and sediment plan for such �land disturbing activity and until that plan has been reviewed and approved by:the ederick County Engineering Department. 5 -2. Any State agency that undertakes a project involving a land disturbing act- vity will file specifications or a conservation plan with the Virginia Soil and Conservation Commission for review. J t 5 -3. 'Any person whose land disturbing activities involve lands which extend the jurisdiction of another local erosion and sediment control program is not re- quired to submit a local plan; provided, such person has a plan approved by the Virginia Soil and Water Conservation Commission. Such persons shall comply with requirements of this ordinance concerning a performance bond, cash escrow, letter credit, any combination thereof, or such other legal arrangement as is acceptable the Frederick County Engineering Department. 5 -4. Whenever a land disturbing activity is proposed to be conducted by a con- tractor performing construction work pursuant to a construction contract, the pre- paration, submission-and approval of the required erosion and sediment control plan shall be the responsibility of the owner of the land. 5 -5. Nothing in this ordinance shall affect any project commenced prior to the adoption of this ordinance. SECTION 6: Plan Submission E Five (5) copies of the erosion and sediment control plan shall be submitted to the Administrator. SECTION 7: Monitoring., "Reports and Inspections (a) Land - disturbing activities where permit is issued. - -With respect to ed plans for erosion and sediment control in connection with land- disturbing activi- ties which involve the issuance of a grading, building, or other permit, either the permit- issuing authority or plan- approving authority shall provide for periodic in- spections of the land- disturbing activity to ensure compliance with the approved plan, and to determine whether the measures required in the plan are effective in controlling'erosion and-sediment• resulting from.the land - disturbing -activities. Nd- tice of .such right of-inspection shall-be included in the.permit. The owner, occu- pier or operator.shall'be 'given an opportunity to accompany the inspectors, If the permit- issuing authority or plan- approving authority determines that the permittee has failed to comply with the plan, the authority shall immediately serve upon the permittee by registered or certified mail to the address specified by the permittee in his permit application a notice to comply. Where the plan- approving authority serves notice, a copy of each notice shall also be sent to the issuer of the permit. Such notice shall set forth specifically the measures needed to come into compli- ance with such plan and shall specify the time within which such measures shall be completed. If the permittee fails to comply within the time specified, he may be subject to revocation of the permit; furthermore, he shall be deemed to be in vio- lation of this section and upon conviction shall be subject to the penalties pro- vided by this section. (b) Other regulated land- disturbing activities. - -With respect to approved.p for erosion and sediment control in connection with all other regulated land -dis= turbing activities, the plan- approving authority may require of the person responsi ble for carrying out the plan such monitoring and reports, and may make such on -sit inspections after notice to the resident owner, occupier or operator as are deemed necessary to determine whether the soil erosion and sediment control measures re- quired by the approved plan are being properly performed, and whether such measures are effective in controlling soil erosion and sediment resulting from the land -dis- turbing activity. Such resident owner, occupier or operator shall be given an op tunity to'accompany the inspectors. If it is determined that there is failure to comply with the approved plan, the plan- approving authority shall serve notice upon r • • • • 9b the person who is responsible for carrying out the plan at the address specified by him in his certification at the time of obtaining his approved plan. Such notice shall set forth the measures needed for compliance and the time within which such measures shall be completed, Upon failure of such person to comply within the spec ified period, he will be deemed to be in violation of this section and upon convic- tion shall be subject to the penalties provided by this ordinance. SECTION 8: Erosion and Sedimentation Control Plan �J The erosion and sedimentation control plan shall follow the format detailed on Pages 7 through 11, inclusive, of Part II of the Virginia Erosion and Sediment Con trol Handbook dated April, 1974. Approved standards and specifications for control techniques to be utilized in preparing this plan are set forth in Part III of the Virginia Erosion and Sediment Control-Handbook dated April, 1974. The above requirements are included in the Frederick County Erosion and Sediment Control Program. SECTION 9: Approval 0 The plan- approving authority will act on all plans submitted within forty -five days from receipt thereof by either said plan in writing or by disapprov- ing said plan in writing and giving the specific reasons for its disapproval. When a plan submitted for approval under this section is found upon review by the respec tive agency, to be inadequate, such agency shall specify such modifications, terms, and conditions as will permit approval of the plan and communicate these requiremen to the applicant as herein required. If no action is taken by the plan- approving authority within'the time specified above, the plan shall be deemed approved and th person authorized to proceed with the proposed activity. SECTION 10: Bonding of Performance • • i Prior to the issuance of any permit, the permit issuing authority may require. from any applicant a reasonable performance bond, cash escrow, letter of credit, an combination thereof, or such other legal arrangement as is acceptable to the permit issuing authority, to insure that emergency measures could be taken by the governin body at the applicant's expense should he fail within the time specified to initiat appropriate conservation action which may be required of him as a result of his Ian disturbing activity. Within 60 days of the completion of the land- disturbing activ ity, such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated, as the case may be. Any applicant aggrieved by a decision of the permit issuing authority with res pect to the terms or requirements of such a performance bond, or surety, if require may cause that decision to be reviewed by the Board of Supervisors provided a notic of appeal is filed with the permit issuing authority within ten days after such de- cision. The appeal shall be considered by the Board of Supervisors at its next reg ular meeting which occurs no less than five days after receipt of the notice of ap- peal by the permit issuing authority. SECTION 11: Issuance of Land Disturbing Permit; Fees Except as provided in Section 4 of this Ordinance, no person shall engage in any land disturbing activity as defined in Section 3 of this Ordinance within Fred- erick County until he has acquired a land distrubing permit. issuance of a land disturbing - permit is-conditioned on an approved erosion and sediment control plan or certification of such which shall be presented at the t 190 258 of application for such a permit. In addition, the requirements of Section 10 of this Ordinance concerning a performance bond, cash escrow, letter of credit, any combination thereof, or such other legal arrangement as is acceptable under the p visions of Section 10 shall be met and the fees herein levied for land disturbing activities shall be paid. A plan review and inspection fee of twenty -five dollars ($25.00) for projects incolving one (1) acre or less plus one dollar ($1.00) per acre of land or part thereof in excess of one (1) acre shall be paid at the time of filing erosion and sediment control plans. SECTION 12: Amendment An approved erosion and sedimentation plan may be amended by the Plan Approvi Authority if on -site inspection indicates that the approved control measures are effective in controlling erosion and sedimentation or because of changed circum stances the approved plan cannot be carried out; provided such amendments are a to by persons responsible for carrying out the plan. SECTION 13: Administrative Appeal: Judicial Review Decisions of the.Administrator under this ordinance shall not be the final de- cision of the County but shall be subject to review by the Board of Supervisors. The decision of the Board of Supervisors shall be the final decision of the County. Final decisions of the Board of Supervisors under this ordinance shall be sub- ject to review by the Circuit Court of Frederick County,.provided an appeal is within thirty (30) days from the date of the final written decision. SECTION 14: Penalties, Injunctions, and Other Legal Actions In accordance with Sections 21 -89.6, 21 -89.8, and 21 -89.11 of the Code of Virginia, 1950 as amended, a violation under this ordinance shall be deemed a mis- demeanor and upon conviction shall be subject to a fine not exceeding one thousand dollars or thirty days imprisonment for each violation or both. The County may apply to the court of record in the jurisdiction wherein the land lies, or to the Circuit Court of the city of Richmond should the lands lie in more than one jurisdiction, for injunctive relief to enjoin a violation or a threa ened violation under this section without the necessity of showing that there does not exist an adequate remedy at law. The Commonwealth's attorney shall upon request of the County take legal action to enforce the provisions of this section. Compliance with the provisions of this section shall be prima facie evidence any legal or equitable proceeding for damages caused by erosion, siltation or sed- imentation that all requirements of law have been met and the complaining party show negligence in order to recover any damages. SECTION 15: Liability Compliance with the provisions of this article shall be prima facie evidence any legal or equitable proceeding for damages caused by erosion, siltation or sedi- mentation that all requirements of law have been met and the complaining party must show negligence in order to recover any damages. SECTION 16: Severability Should any provision of this ordinance be held to be unconstitutional or in= ' valid, such declaration shall-not affect or impair the remainder of this ordinance. SECTION 17: Effective Date CJ 0 • This ordinance shall be in force and effect on June 30, 1975 at 8:00 P.M. 259 The above resolution was passed by the following vote: J. Robert Russell, Aye Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ANNOUNCEMENT - FINANCE COMMITTEE MEETING Mr. Madigan stated that the Finance Committee would meet on Thursday, July 3, • 1975', at 1:00 P ;M, and he requested Mr. Cole to attend this meeting in order that they might discuss the possibilityrof a Board of Equalization. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Q. , r S etary Bd. of Supervisors - At a Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the 9th day of July, 1975, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis • Mr. Cole asked that the word "County" be added to the minutes of the May 28th after the number "94" inasmuch as he was speaking of County school districts not school districts in.general. The Board agreed to this correction. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, 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 May 28, 1975, with the amendment as requested by Mr. Cole; the Regular Meeting of • June 11, 1975; and the Special Meeting of June 23, 1975. ' The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye;'Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF BILLS Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County-of Frederick, • Virginia, does herein approve the bills for the month of June, 1975, in the amount of $78,113.13 and does order the same paid by warrants #10485- #10678 and #10680- #10716. The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell,•Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Aye APPROVAL OF PAYROLL Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, , does herein approve the payroll for the month of June, 1975, in the amount f $62,858.53 and does order the same paid by Warrants #10377- #10484. The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order. Mr. Cole asked that the word "County" be added to the minutes of the May 28th after the number "94" inasmuch as he was speaking of County school districts not school districts in.general. The Board agreed to this correction. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, 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 May 28, 1975, with the amendment as requested by Mr. Cole; the Regular Meeting of • June 11, 1975; and the Special Meeting of June 23, 1975. ' The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye;'Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF BILLS Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County-of Frederick, • Virginia, does herein approve the bills for the month of June, 1975, in the amount of $78,113.13 and does order the same paid by warrants #10485- #10678 and #10680- #10716. The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell,•Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Aye APPROVAL OF PAYROLL Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, , does herein approve the payroll for the month of June, 1975, in the amount f $62,858.53 and does order the same paid by Warrants #10377- #10484. The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and S M 260 Richard F. Madigan, Aye. HIGHWAY DEPARTMENT RESOLUTION REQUESTING THE ADDITION OF BUCKINGHAM DRIVE IN FREDERICKTOWNE' 1 SECTION II - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request the Virginia Department of Highways to accept in to the Secondary Road System the following road in Fredericktowne Subdivision, Section II, in Opequon Magisterial District, pursuant to the provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended: • Buckingham Drive in Fredericktowne Subdivision, Section'- I3,..from.Ro.ute 641 to .40 miles east AND BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Virginia an unrestricted right -or -way of sixty (60) feet with necessary easements for cuts, fills and drainage, recorded in Deed Book 413, Page 208, and dated July 1 1973; and, II ' BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways. II • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodsgon, Aye; Richard F. Madigan, Aye. RESOLUTION REQUESTING ADDITION OF ROA IN NOTTOWAY SUBDIVISION PASSED JUNE 25, 1975' Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein rescind the resolution passed by this Board at their Regular Meeting on June 25, 1975, requesting the addition of Nottoway and Buckingham Drives in Nottoway Subdivision, in Opequon Magisterial District, to the Secondary Road System inasmuch as these roads have not been brought up to the standards -and speci- • fications of the Virginia Department of Highways to permit addition to the Secondary Road System. , The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REQUEST FOR INSPECTION OF HIG IN VICINITY OF ROUTE 37 BY -PASS Mr. Sandy stated that he had received a number of requests from citizens that • improvements be made to the section of highway in the vicinity of the Route 37 By- Pass. Mr. Sandy requested Mr. King to check into this matter and Mr. King stated that he would do so. Mr. King advised the Board that 'the Road Viewers had established the road prior= ities for 1975 -76 and if they agreed with these priorities the-road to new fill site, which is-the number one priority,•would be staked in the near future. The Board agreed with the priorities set by the Road Viewers. II ' HEALTH DEPARTMENT Mr. Roy Williams appeared before the Board representing the Health Department and stated that the State Trappers are presently working in Frederick County and hopefully will complete their task by August 1st. - — JL - at .. - -- -- -- G Mr. Madigan stated that during the past week it had been brought to his atten- Mr. Joseph Massie, Jr., appeared before the Board representing Mr, and Mrs. E. • L. Peters, and requested that the Board rescind their action of January 30, 1973, requiring.additional water and sewer hook -ups to the County system, in order that Mr. Peters might proceed with the extension of water and sewer lines from the City system to his subdivision. Mr. Massie stated that the master plan for the subdivi- sion had been approved by the Board and that Mr. Peters had begun construction of his water system prior to the time that the County had enacted an ordinance requir= n tion that a very serious sewage problem existed on the north side of Apple Valley ' Road. He further stated that he had checked this situation out and sewage was stan •ing on top of the ground, Mr. Madigan asked Mr. Williams if he would check into and sewer service to this area by the Sanitation Authority was this matter and Mr. Williams stated that he would investigate the matter and report been reached wherein back to the Board, Authority and it was REQUEST OF E. L. PETERS - SENSENY HEIGHTS SUBDIVISION - TO RESCIND BOARD ACTION OF Mr. Joseph Massie, Jr., appeared before the Board representing Mr, and Mrs. E. • L. Peters, and requested that the Board rescind their action of January 30, 1973, requiring.additional water and sewer hook -ups to the County system, in order that Mr. Peters might proceed with the extension of water and sewer lines from the City system to his subdivision. Mr. Massie stated that the master plan for the subdivi- sion had been approved by the Board and that Mr. Peters had begun construction of his water system prior to the time that the County had enacted an ordinance requir= n the subdivision and that they would be necessary in order to sewer some of the lots Mr. Jones stated that the Sanitation Authority could service all the lots on the west side of Massie Drive without any pumping stations being located in the • II division. Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny the request of E. L. Peters to rescind the resolution passed by this Board on January.30, 1973, requiring additional water and sewer hook ups to the County system. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. DOG WARDEN - REPORT AND CLAIMS - SPENCE, BALLENGER, WHITACRE, - APPROVED Mr. Harold Whitacre, Dog Warden, appeared before the Board and presented his monthly report and three claims for livestock kills. L . ----- 2.61 ing hook -ups to the County system. n He stated that after several meetings with the Sanitation Authority and Mr. • Roger Alderman, former County Administrator, Mr. Peters was informed by letter from Mr. Alderman, dated October 12, 1972, that the completion date projected for water and sewer service to this area by the Sanitation Authority was eighteen to twenty - one months. He stated that in January, 1973, a compromise had been reached wherein certain lots on Massie Drive would be served by the Sanitation Authority and it was also understood that there would be no pumping stations in the subdivision. Mr. W. H. Jones, Engineer- Director of the Sanitation Authority, appeared be- fore the Board and stated that the Sanitation Authority felt that the resolution passed by the Board on January 30, 1973, requiring hook -ups to the County system should be upheld. • Mr. Cole stated that when this arrangment was made it was agreeable to both parties. ' Mr. Massie stated that the arrangement had been made because of the statement that water and sewer service would be provided within eighteen to twenty -one months He further stated that Mr. Peters would object to having pumping stations within the subdivision and that they would be necessary in order to sewer some of the lots Mr. Jones stated that the Sanitation Authority could service all the lots on the west side of Massie Drive without any pumping stations being located in the • II division. Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny the request of E. L. Peters to rescind the resolution passed by this Board on January.30, 1973, requiring additional water and sewer hook ups to the County system. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. DOG WARDEN - REPORT AND CLAIMS - SPENCE, BALLENGER, WHITACRE, - APPROVED Mr. Harold Whitacre, Dog Warden, appeared before the Board and presented his monthly report and three claims for livestock kills. L . ----- 2.61 262 Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following claims for livestock kills and does orde , the same paid: 1. Edward Spence - Opequon District - 4 chickens @ $1.50 each = $6.00 2, Frances Ballenger - Opequon District - 3 lambs @ $15,00 each = $45,00' 3. Frank Whitacre - Gainesboro District - 1 ewe @ $20.00 each = $20,00 The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Mr. Whitacre introduced Mr. Wallace Clubb, the assistant dog warden, to the Board. FREDERICK COUNTY SANITATION AUTHORITY• REQUEST FOR BUDGET FUNDS - APPROVED After review, the report of the Frederick County Sanitation Authority for the ' month of June, 1975, was accepted. Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, • BE IT RESOLVED, By the Board of Supervisors of Frederick.County, Virginia, that a loan in the amount of $1,739.08 is hereby authorized to the Frederick County San- itation Authority; and, BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended I from budget code 10- OIOH -902B of the General Fund and that this loan is a part of not an addition-to the approved loans to the Frederick County Sanitation Authority approved by this Board at a regular meeting on April 12, 1972, and is subject to the terms so established on that date; and, BE IT FURTHER RESOLVED, That the breakdown of the funds requested is as follows! EcolSciences $ 723.00 • Penn Central $ 1,016.08 Total $ 1,739.08 , The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Abstaining, stating that these lines might go through property h he has an interest. - FIRST AND SECOND READING E TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 1.646 ACRES OF LAND OF WINCHESTER RENDERING COMPANY, INC., IN GAINESBORO • DISTRICT FROM A -1 TO M -2 - FIRST AND SECOND READING - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, rginia, does herein approve, on first and second reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 71.646 ACRES, MORE OR LESS, OF WINCHESTER RENDERING COMPANY, INC., LOCATED ON THE SOUTH SIDE OF ROUTE 679 AND THE WEST SIDE OF ROUTE 608; IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO INDUSTRIAL, GENERAL (M -2). ' The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and 1 . Richard F. Madigan, Aye. ORDINANCE TO AMEND THE FREDERICK COUNTY ZONIN ORDINANCE ADOPTED NOVEMBER 1 263 I �J TO REZONE 1,427 ACRES OF DONALD P. SAVI A -2 Tn R -2 - FTRRT Awn RF.Cnwn RRAnTMn - ESBORO MAGISTERIAL DI: Upon motion made by Richard F, Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, '. Virginia, does herein approve, on first and second reading, the following ordinance AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 1,427 ACRES, MORE OR LESS, OF DONALD P. SAVILLE, LOCATED ON THE NORTH SIDE OF ROUTE 50 WEST, ABOUT ONE -HALF MILE EAST OF INTERSECTION WITH ROUTE 654; IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO BUSINESS, GENERAL (B -2). • The above was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald Hodgson, Aye; Richard F. Madigan, Aye. ,] a rezoning request and he asked Mr. Berg to give the Board some background informat • on this particular recommendation. INANCE TO AMEND THE FREDERICK k ADOPTED NOVEMBER 1. 197 Mr. Sandy stated that the Planning Commission had recommended denial of this Mr. Berg stated that the Planning Commission was concerned about the encroach- ment of Perry Quarry on the property and that these homes would virtually face the quarry. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the.Cdunty of Frederick, irginia, does herein approve, on the first and second reading, the following ance: • 1 Mr. Cole stated that he had recieved a number of complaints concerning this re zoning request. Mr. Madigan stated that the complaintants were concerned with the deed of dedi cation and that this matter is scheduled to come before the Planning Commission in • Mr. Hodgson stated that there was a petition in opposition to this rezoning re quest containing 89 signatures. Upom motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia, does herein approve, on first and second reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1 1973, TO REZONE 20.6 ACRES, MORE OR LESS, OR GARLAND R. AND LOUISE S. CATHER, LOCATED ON THE WEST SIDE OF ROUTE 654, ABOUT FOUR - TENTHS (4/10) MILES SOUTH OF INTERSECTION WITH ROUTE 803; IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTAIL,''LIMITED (R -1). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; a hard F. Madigan, Aye. THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED the very near futute. AN-ORDINANCE TO AMEND THE FREDERICK COUNTY Z ORDINANCE ADOPTED NOVEMBER_ 1,_1973,_ TO_REZONE 5.533 _ACRES, MURE OR LESS, OF E. L. AND RUTH E. PETERS, LOCATED ON THE NORTH SIDE OF SHNSENY ROAD, ADJA69NT TG SENSENY HEIGHTS SUBDIVISION, FRONTING BOTH SIDES OF MASSIE DRIVE; IN SHAWNEE MAGISTERIAL DISTRICT; FROM RESIDENTIAL, L_IM_ITED (R-1) RESIDENTIAL (R -3). ' The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; F. Madigan, Aye. - It ` - 264 SUBDIVISIONS ELMER OATES SUBDIVISION - BACK CREEK MAGISTERIAL DISTRICT - FINAL PLAT - APPROVED Mr. Berg presented the final plat of the Elmer Oates Subdivision stating that it consists of two lots fr6nting on Route 259 in Back Creek Magisterial District. He further stated that both Highway and Health Department approval had been recei Mr. Berg stated'.that inasmuch as this was the subdivision of one parcel of land, which has already been developed, into two lots, the recreational impact fee would be' due on only one lot. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT- RESOLVED,'That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the final plat of the Elmer Oates Subdivision located in Back Creek Magisterial District and consisting of two lots front on Route 259. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. PINE INVESTMENT CORPORATION - WITHDRAWN Mr. Berg stated that the applicant had requested that his subdivision be with- drawn at this time inasmuch as there is an existing store on the property and the applicant wants to take possession of the lot or to sell it and at this time he has not made a definite decision as to which course he will follow. The Board agreed to the applicant's request. STONEBROOK FARMS. SECTION III - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented the plat of Stonebrook Farms, Section III, consisting of fifteen (15) lots and stated that all requirements had been met and full recrea al impact fee should be requested on this section. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the final plat of Stonebrook Farms, Section III con- sisting of fifteen (15) lots in Back Creek Magisterial District subject to payment of the recreational impact fee. The above was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. • 1 • • CONDITIONAL USE PERMIT - LEISURE VILLAGE MOBILE HOME PARK - PUBLIC HEARING TO BE HEL. Mr. Berg presented the application for conditional use permit of Mr. Jacob Yost, • III, for the.construction of Leisure Village-Mobile Home park proposed to be located on the horth side of Route 655 and bounded by the Opequon Creek infShawnee Magister =•.'. ial District and containing approximately 650 to 700 units. He further stated that it will consist of 162 acres of land with 67 acres set aside for.open space and re- creation. Mr. Cole stated that Mr. Yost had informed him that the trailer park would have state approved central sewer and would be built according to the trailer park ordin- ance. Mr. Yost confirmed this statement, and added that the water and sewer system . would be dedicated to the County upon its completion. Mr. Madigan stated that he had also spoken with Mr. Yost concerning this pro- posed mobile home park and that he had a few reservations about this permit after —L — . , n - - 265 having time to study it, He further stated that with the large number of persons that a park this size would draw, including residents of West Virginia, he was con- cerned about the impact it would have on the school system as well as other sery provided by the County, He stated that he did not feel he could vote on this ma until he had sufficient time to study the impact it might have on the County. Mr. Cole stated that he felt a= .public hearing would be appropriate on this ap plication for conditional use permit. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein direct that a public hearing be held on the application of Mr Jacob Yost, III, for the construction of Leisure Village Mobile Home Park in Shawne magisterial District at the Regular Meeting of this Board on August 13, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. II CONDITIONAL USE PERMIT - ALLIED WOOD'PRODUCTS - STONEWALL MAGISTERIAL DISTRICT - APPROVED • Mr. Berg presented the application of Allied Wood Products for a conditional use permit stating that it was for the construction of a 10,800 square foot build for the storage of lumber and that the building would be located on the east side Route 11 north, about 1/8 Mile north of the intersection of Route 761 in Stonewall District. Upon motion made by Dennis T: Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the application for conditional use permit of Allied Wood Products for the construction of a 10,800 square foot building to be used for SITE PLAN - GAINESBORO SALVAGE - AP Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED,'That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the site plan of Gainesboro Salvage to construct a 30 foot ' 6 - y 40 foot block building for storage of.'used car parts, located on west s n" b:`:.Route`•522`'•North,•:•and: the!. ,north. side'of•. Route`. 688 - Mag-isterial Distr The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; an Richard F. Madigan, Aye. II SITE , PLAN - SHENANDOAH GAS COMPANY - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, 0 Virginia, does herein approve the site plan of Shenandoah Gas Company for the con- struction of a 25 foot' 30 foot storage building located on the east side of Rout 847, about.4 /10 miles north of Interchahge ;79 in Back Creek Magisterial District. the storage of lumber, said building to be located on the east side of Route 11 • North, approximately one -half mile north of the intersection of Route 761 in Stone- wall Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; an Richard F. Madigan, Aye. SITE PLAN - GAINESBORO SALVAGE - AP Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED,'That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the site plan of Gainesboro Salvage to construct a 30 foot ' 6 - y 40 foot block building for storage of.'used car parts, located on west s n" b:`:.Route`•522`'•North,•:•and: the!. ,north. side'of•. Route`. 688 - Mag-isterial Distr The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; an Richard F. Madigan, Aye. II SITE , PLAN - SHENANDOAH GAS COMPANY - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, 0 Virginia, does herein approve the site plan of Shenandoah Gas Company for the con- struction of a 25 foot' 30 foot storage building located on the east side of Rout 847, about.4 /10 miles north of Interchahge ;79 in Back Creek Magisterial District. 266 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; an Richard F. Madigan, Aye. ' REFUND - BUILDING PERMIT FEE - MARSHALL L. DEHAVEN - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a refund in the amount of $64.00 to Marshall L. in accordance with Article I, Section 118.8 of the Virginia Uniform Statewide Build' ing Code, said amount representing partial payment for a building permit which was • subsequently voided due to the applicant's contractor being unlicensed in the State. of Virginia. The above resolution was passed by the following recorded vote: Raymond C. Sandy; Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. MONTHLY STAFF REPORT - ACCEPTED ' After review, the Board accepted the monthly staff report. FINANCE COMMITTEE RECOMMENDATIONS • RESOLUTION AUTHORIZING THE PURCHASE OF SURPLUS EQUIPMENT FOR FIRE COMPANIES AND RESCUE SQUADS AND OTHER ORGANIZATIONS - APPROVED Mr. Madigan presented a recommendation from the Finance Committee for the ion.of a resolution authorizing the purchase of surplus equipment for fire rescue squads and other organizations recognized as a part of Frederick County Emergency Services. Upon motion.made by Richard F. Madigan-and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the Treasurer is hereby authorized to issue Treasurer's checks in payment for surpl equipment purchased for County Fire Companies, Rescue Squads, or other organiza recognized as a part of Frederick County Emergency Services;. and, BE IT FURTHER RESOLVED, That payment shall be rendered by the Treasurer only upon receipt of payment, in advance, from the organization wishing to purchase said equipment. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. THE COMMISSIONER OF REVENUE TO WORK WIT THE ASCS OFFICE AND EGARD TO MAILINGS OF INFORMAT ON LAND USE TAX - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct the County Administrator to write a letter to the Commissioner of Revenue requesting his help, in cooperation with the ASCS Office the Extension Service, in the mailing of information on land'use tax. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. RESOLUTION APPROVING REFUND TO DIVISION OF JUSTICE AND CRIME P REVENTION - APPROVED • • Mr. Madigan stated that the Finance Committee +recommended that a refund to the 267 Division of Justice and Crime Prevention be approved in order that grant funds wh had not been used might be returndd, ' Upon motion made by Richard F. Madigan and seconded by J, Robert Russell, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that a refund of $914,65 is hereby authorized to the Division of Justice and Crime Prevention, Commonwealth of Virginia, representing grant funds remaining after the purchase and installation of a logging dictaphone machine in the Sheriff' Department. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. RECOMMENDATION BY PRESENT. Supervisors consider implementing, or recommending to the next Board of Supervisors that the earliest possible reassessment of County real property be accomplished in order to adjust inequities which have arisen out of the recent general reassessment in Frederick County. Mr. Madigan stated that the Finance Committee recommended that the Board of • Mr. Cole stated that he felt it would be appropriate to recommend to the next Board that an early reassessment be conducted. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT -RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein recommend to the next Board of Supervisors that the earliest possible reassessment of County real property be accomplished in order to adjust inequities which'have arisen out of theirecent_ general- reassessment -in Frederick The above resolution was passed by the following recorded vote: Raymond-C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • Richard F. Madigan, Aye. RESOLUTION Mr. Madigan advised that the Finance Committee recommended to the Board that to an affidavit to be signed and notarized by an individual who wishes to and whether or not the driver of a vehicle without a County sticker can be charged ther than the owner and further to determine what procedures might be set up with 1] 1 OF SUPERVISORS TO MOTOR VEHICLE th Attorney be requested to research the County Motor Vehicle Sticker Or- to determine if the ordinance can be enforced within the City of Winchester a County sticker for the price of 50C should that person not possess both e sticker and receipt as is currently. required. This recommendation was discussed at length. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board'of Supervisors of the County of Frederick, rginia, does herein request the Commonwealth Attorney to research the County Motor hicle Sticker Ordinance in order to determine if the ordinance can be enforced thin the City of Winchester and whether or not it can be changed in order that the iver of the vehicle without a County sticker can be charged rather than the owner d to see what procedures might be set up with regard to an affidavit to be signed d notarized by an individual who wishes to transfer a County sticker for the price 50t'should that individual lose, misplace, etc. the original sticker and the re= - U.... . 2 ceipt received when the sticker was purchased, The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye, SUPPLEMENTAL APPROPRIATION - COMMONWEALTH ATTORNEY'S OFFICE - APPROVED Mr. Madigan stated that the Finance Committee had forwarded to the Board a re- quest from the Commonwealth Attorney for operational funds for his budget which not anticipated to be needed when the 1975 -76 budget was formulated. Mr. Ambrogi appeared before the Board and presented a breakdown of the funds quested. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a supplemental appropriation in the amount of $2,166. to the Commonwealth Attorney's Office fornoperational funds not budgeted in the 197 76 fiscal plan, the breakdown of said appropriation being as follows: Insurance Premium - Auto Repairs and Replacements - Auto Incentive Pay Program Auto - Tires, Tubes and Parts Gas, grease and oil Less - excess salary for investigator $ 200.00 100.00 1,261.00 300.00 800.00 - 495.00 Total $ 2,166.00 The above resolution was passed the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. COMMITTEE ON LAW ENFORCEMENT AND COURTS RECOMMENDATIONS RESOLUTION AUTHORIZING THE SHERIFF TO SELL OLD POLICE CAR AT SHERIFF'S SALE - APPROVED Mr. Cole stated that the Committee on Law Enforcement and Courts recommended to the Board that the Sheriff be authorized to sell at a Sheriff's sale one old police car. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize the Sheriff of Frederick County to sell one old police car at a Sheriff's sale: The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. ION BIDS BE SOUGHT ) AND DISPENSED FROM TH] • • • Mr. Cole stated that the Committee on Law Enforcement and Courts recommended the Board of Supervisors that bids be sought on gasoline delivered to and dispensed from the Jail site. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, II BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that bids be sought on the gasoline delivered to and dispensed from the Frederick County Jail site. The above::resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F.. Madigan, Aye. 269 MOBILE HOME PERMIT - COMBS - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the mobile home permit of Lawrence E. Combs in Back Creek Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; X. Robert Russell, Aye, Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. MOBILE HOME PERMIT - WOODBINE FARMS, INC. - OPEQUON MAGISTERIAL DISTRICT - TABLED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table the mobile home permit of Woodbine Farms, Inc. in order that Mr. Sandy, Supervisor from Opequon Magisterial District, might have time to ' check into the location of this proposed mobile home. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. DIRECTOR OF PARKS AND RECREATION PRESENTS PRELIMINARY MASTER PLAN OF STEPHENS CITY PARK TO BOARD - PUBLIC MEETINGS TO BE HELD Mr. Bill Pike, Director of Parks and Recreation, appeared before the Board and presented the preliminary master plan of the Stephens City Park as prepared by J Bell and Associates. Mr. Pike stated that the Parks and Recreation Commission would like to take `_.'•.`11 this preliminary plan to the people of the County with neighborhood meetings in magisterial district to receive public input. Mr. Cole stated that he felt the neighborhood meetings were a good idea. • Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein authorize the County Administrator to file the Preliminary ject Data Report on the Stephens City park property with the Commission on Outdoor Recreation; and, BE IT FURTHER RESOLVED, That the Board of Supervisors does herein direct that • the Preliminary Plan of the Stephens City Park be taken to neighborhood meetings, one in each magisterial district, in order to obtain public input on this proposed master plan before a formal presentation is made to the Board. BOARD RECESSES FOR DINNER Upon motion duly made, seconded, and passed unanimously the Board recessed for dinner at 5:07 P.M. BOARD RECONVENES Upon motion duly made, seconded, and passed unanimously the Board reconvened at 7:00 P.M. The Chairman called the meeting to order. PUBLIC HEARINGS AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZON ADOPTED 1. 197'. Mr. Sandy read the ordinance inr.full. - -- a- -- - - 270 Mr. Cole asked if this section is different from the one which is presently contained in the ordinance and Mr. Berg stated that this is an additional section and described several cases he had delt with wherein this section could be applicable. There was no opposition. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 17 -5 -1 TO READ: A NONCONFORMING STRUCTURE TO BE EXTENDED OR ENLARGED SHALL CONFORM TO THE PROVISIONS OF THIS ORDINANCE EXCEPT, HOWEVER, A NON - CONFORMING STRUCTURE MAY BE ENLARGED OR MODIFIED IN SIZE ONLY IF SUCH ENLARGEMENT OR MODIFICATION WILL NOT RESULT IN AN INCREASE IN THE DEGREE OF NON- CONFORMITY. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson; Aye; Richard F. Madigan, Aye. AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 197 Mr. Berg presented the application for rezoning of the S. L. Shackleford Esta and described the location of the property. Mr. Shackleford appeared before the Board on behalf of his rezoning applica and stated that the dealership of E. I. Case Company would be occupying this land and that the business would be sales and service for farm and industrial equipment. He further stated that the business would be housed in a $200,000 building and woul be completely under cover. Mr. Shackleford stated that he:felt the.location of the property was very conducive to commercial development because df its location near the interchange on I -81. Mr. Sandy asked if the business would be dealing with heavy equipment and Mr. Shackleford stated that it would 'deal mostly with light construction equipment. Mr. Russell asked Mr.Berg what the zoning of the Telephone Company and the Gas Company, which are located in this general area; are and Mr. Berg stated that the Telephone Company is zoned B -2 and the Gas Company is zoned M -1. Mr. Cole asked Mr. Berg if farm machinery sales and service would come under the M -1 zone and Mr. Berg stated that it would. Mr. Dean Hoult appeared before the Board representing the residents of Lakesid I Estates Subdivision and Lakeview Townehouses in opposition'- this rezoning request and stated.that the residents were opposed to the rezoning of this property because of the type of business proposed for the site. He further stated that the resident felt if one business of this type were allowed in the area, others would be certain to follow. He then presented petitions in opposition containing signatures of several residents in the above mentioned subdivision. The project manager for Danac Real Estate, Inc., the purchaser of Lakeside Estates Subdivision, appeared before the Board in opposition to the rezoning reque and stated that they were opposed first because it would be spot zoning and second because of Danac's large investment in the subdivision including road work and get ting the water and sewer system into shape. He urged the Board to uphold the re- commendation of the Planning Commission to deny this rezoning request. He further stated that he felt businesses of this type should be located in the County but should be located in an industrial park so that they did not interfere with resi= E • u • 2 7.1 dential areas. Mr. Stephen Locke appeared before the Board as a resident of Lakeview Towne- ' houses and presented a letter to the Board setting forth six reasons why he was opposed to this rezoning, He stated that the.proper-ty is twenty feet higher than the land surrounding it and would therefore detract from the residential communit in the area. He further stated that there are residential units planned for this area which would provide a larger tax base than the proposed business and would further supply badly needed moderate housing. Mr. Madigan stated that he had-interests on both sides of this rezoning and • therefore would 'abstain from any discussion unless the Board asked him to divulge his interests and enter into the discussion. Mr. Cole stated that according to the petitions presented to the Board, the residents would be opposed to any rezoning of the property. He then asked why the residents would be opposed to a B -2 classification of this property. The residents asked what a B -2 classification would contain and Mr. Cole ci II several examples of B -2 businesses. and Richard F. Madigan, Abstaining. ' A gentlemen stated that businesses start out to be good facilities but in a is few years they begin to be unattractive and detrimental to the area. He stated th this property borders the entrance and exit to the residences in Lakeside Estates and they felt businesses in this location would devalue their homes. Mr. Radcliff stated that the road adjacent to this property is used by school buses and that heavy equipment being delivered and dispensed from the property cause a traffic hazard. Mr. Cole moved to go into executive session to discuss the legal aspects of this rezoning request. The motion was seconded by Donald R. Hodgson and passed by the following recorded vote; Raymond C. Sandy, Aye; J. Robert Russell. Aye; Denni Mr. Cole moved to withdraw from executive session.. This motion was seconded ' II by J. Robert Russell and passed unanimously. Mr. Cole moved to reconvene into regular session. Mr. Russell seconded this motion and it was passed unanimously. Therefore, the Board reconvened into session. Mr.'Cole stated that after considerable thought and discussion with Board bers, as well as citizens that would be affected by this rezoning, he felt the pro perty should be zoned B -2 because of the zoning of the surrounding property, and n • M -1 as requested. He stated that guidelines had been set up by the Board in order to provide orderly development of the County. Mr. Russell stated that he agreed with Mr. Cole and his thoughts on this re- zoning request. Mr. Hodgson stated that he also agreed with Mr. Cole's observations in this respect. ' Lengthy discussion followed concerning what businesses B -2 zoning would allow and the residents expressed concern that should one business be allowed, others would follow. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny, on third and final reading, the following ordinance: T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Abstaining. • (I The Board remained in executive session approximately twenty minutes. Mr. Cole moved to withdraw from executive session.. This motion was seconded ' II by J. Robert Russell and passed unanimously. Mr. Cole moved to reconvene into regular session. Mr. Russell seconded this motion and it was passed unanimously. Therefore, the Board reconvened into session. Mr.'Cole stated that after considerable thought and discussion with Board bers, as well as citizens that would be affected by this rezoning, he felt the pro perty should be zoned B -2 because of the zoning of the surrounding property, and n • M -1 as requested. He stated that guidelines had been set up by the Board in order to provide orderly development of the County. Mr. Russell stated that he agreed with Mr. Cole and his thoughts on this re- zoning request. Mr. Hodgson stated that he also agreed with Mr. Cole's observations in this respect. ' Lengthy discussion followed concerning what businesses B -2 zoning would allow and the residents expressed concern that should one business be allowed, others would follow. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny, on third and final reading, the following ordinance: 272 AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 12.692 ACRES, MORE OR LESS, OF S. L. SHACKLEFORD ESTATE, LOCATED ON THE EAST SIDE OF ROUTE 642, APPROXI- MATELY SIX TENTHS (6/10) MILES SOUTH OF KERNSTOWN INTERCHANGE 79; IN BACK CREEK MAGISTERIAL DISTRICT; FROM RESIDENTIAL,LIMITED (R -2) TO INDUSTRIAL, LIMITED (M -1) The above resolution was passed by the following recorded vote: Dennis T. Col , Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; and Raymond C. Sandy, Abstaini ; and Richard F. Madigan, Abstaining. INTY ELECTORAL BOARD - REQUESTS FOR CHANGES IN POLLING PLACES - APPROVEd Mr. Alfred Snapp, Chairman of the Frederick County Electoral Board, appeared before the Board and presented several requests for changes in polling places. Mr. Russell asked if having the Albin precinct changed from the Bus Garage to Apple Pie Ridge School would be inconvenient with school in session and Mr. Snapp advised that school would not be in session that day inasmuch as it would be desig- nated a teachers "workshop•day. :• Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following changes in Precinct Polling Places as requested by the Frederick County Electoral Board: Back Creek District Kernstown Precinct: Change from Schenck Food to Shensndoah Gas Company & Interstate U1 Exit 70 State Route 847 Gainesboro District Albin Precinct Change from Frederick County Bus Garage to Apple Pie Ridge School Stonewall District Neffstown Precinct Combine Neffstown and Clearbrook Precincts and vote at Stonewall School. Will be known as Clearbrook - Neffstown Precinct. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. REQUEST FROM HOMEOWNERS IN COUNTY SUBDIVISIONS FOR ENFORCEMENT OF DEED RESTRICTION COVENANTS Mr. Dino Morgoglione appeared before the Board representing a delegation of citizens and requested that an amendment be enacted to the Frederick County Subdi- vision Ordinance in order that the home.bwners. in 'Frederick County 'subdivisions might be better protected against-construction of incompatible dwellings in their neighborhoods. He suggested that an architectural review committee be established to review proposed construction in County subdivisions. After a lengthy discussion, Mr. Sandy stated that he felt this request should be studied and considered before any action is taken. The Board agreed that the Commonwealth Attorney be requested to study and re- search this request and report back to the Board. Mr. Morgoglione thanked the Board for their time and consideration and stated that his delegation wanted to go on record as requesting this amendment to the sub- division ordinance and seeking the Board's help in this matter. MR. HUGH PRICE ADDRESSES BOARD IN OPPOSITION TO FOLTZ PROPERTY ON ROUTE 50 EAST Mr. Hugh Price appeared before the Board stating that he was present to ask u • • • r that something be done about the condition of the Foltz property on Route 50 East 273 directly across the road from his house. He further stated that Mr. Foltz was con- tinuing to do just as he pleased with this site even though he was not in complian ' with County ordinances., Mr, Price stated that he had appeared before the Board on other occasions and that he was fed up with the condition of the subject property and wanted something done about it, Mr. Sandy stated that he thought Mr, Price had come to the wrong body; that he should be appealing to the Courts. He further stated that this matter had been taken to Court several times and the Judge continues to overrule the County. Mr. Madigan asked Mr. Ambrogi if there was any way the County could charge Mr. • 11 Foltz on a separate violation each day he violates the County Ordinances and Mr Ambrogi stated that this could be done but there was no way to guarantee that the Court would uphold this action. Mr. Sandy asked if the County had issued instructions to the Power Company to cut off the power at this location, and if so why was this•not'eriforced., Mr. Madigan stated that he felt this request had gone to Richmond and nothing ' more had been done about it. Mr. Ambrogi stated that the County could serve the warrants for the various • violations and take the matter - :tb."Cburt'but- that was the extent of the County - could do. Mr. Sandy assured Mr. Price that the Board would pursue this matter as far as possible to try and have the situation corrected. A BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Richard F. Madigan, seconded by Dennis T. Cole, and passed unanimously, the Board retired into executive session with the Commonwealth At to discuss a legal matter. BOARD WITHDRAWS FROM EXECUTIVE SESSION • Upon motion made by Richard F. Madigan, seconded by Donald R. Hodgson, and passed.unanimously, the Board withdrew from Executive Session. ' BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, and passed unanimously the Board reconvened into Regular Session. QUOTATIONS ON FOUR WHEEL DRIVE VEHICLE FOR COUNTY APPRAISOR - PRESENTED Mr. Renalds presented the quotations that had been received on a four wheel • Ildrive vehicle for the appraisor. After discussion, the Board directed that quotations on conventional vehicles also be solicited before a decision is rendered. LETTER OF THANKS TO SHOCKEY BROTHERS FOR DONATION OF CONCRETE TO PARKS AND RECREA- TION DEPARTMENT - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, ' Virginia, hereby directs that a letter of thanks be sent to Shockey Brothers for their donation of eighteen (18) yards of concrete to the Frederick County Parks and Recreation Department which was used for the floor of the recently constructed main tenance building. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; 274 Richard F. Madigan, Aye. COMMONWEALTH ATTORNEY ADDRESSES BOARD - RE: REQUEST FOR SPECIAL GRAND JURY , Mr. Lawrence Ambrogi, Commonwealth Attorney, advised the Board that he had re- quested that a Special Grand Jury be called for the investigation of certain mater- ials collected during the current State Police investigation of the Board of Super- visors. He stated that the jury would review the materials collected by the State Police and take whatever action they deem appropriate. He further stated that the Special Grand Jury was not being requested for one offense nor to investigate one individual. • UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. B. J-1- Se I etary Bd. of Supervisors Chairm n Bd, ot Super7ors At a Regular Meeting of the Board of Supervisors of the County of Frederick, ' Virginia, held on the 23rd day of July, 1975, in the Board of Supervisors' Meeting • Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. ABSENT: J. Robert Russell, Vice Chairman. The Chairman called the meeting to order. REQUEST FOR WATER AND SEWER PERMIT - DONALD E. GARBER - APPROVED Mr. Renalds presented a request from Donald E. Garber for the extension of wate and sewer service to five lots at the intersection of Garber Road and U. S. Route 522 and a memorandum from the Frederick County Sanitation Authority recommending • approval of said request. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, ' Virginia, does herein approve the request of request of Donald E. Garber for the extention of water and sewer service from the City of Winchester to five (5) lots at the intersection of Garber Road and U. S. Route 522 in accordance with the re- commendation of the Frederick County Sanitation Authority. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson. Aye; and Richard F. Madigan, • Aye. MOBILE HOME PERMITS - WILLIAMS, SMITH, WOODBINE FARMS, INC., JENKINS - APPROVED Upon motion made by Richard F. Madigan 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 mobile home permits: 1. Charles Williams - Back Creek District II , 2. Charles Smith - Gainesboro District 3. Woodbine Farms, Inc. - Opequon District 4. William H. Jenkins - Stonewall District The above resolution was passed by the following recorded vote:' Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. OF LOCAL OFFIC Mr. Renalds informed the Board that the Local Government Officials Conference, sponsored by the Virginia Association of Counties, would be held on August 25th through August 27th, 1975, in Charlottesville, Virginia. RESIGNATION - MRS. ELLEN SHARP FROM CHAPTER 10 BOARD - ACCEPTED Mr. Sandy read a letter of resignation from Mrs. Ellen Sharp from the Chapter Board. He stated that the Board should consider an appointment to fill the vacancy created by this resignation. • Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept the resignation of Mrs. Ellen Sharp from the Chapter 1 ; and, BE IT FURTHER RESOLVED, That a letter of appreciation be sent to Mrs. Sharp • learner pool. He stated that the'pool was manufactured by the Miracle Pool Company in Des Moines, Iowa and he would request funds in order that representatives from t County staff might attend a demonstration of the pool. He further stated that 3/4 the expenses would be reimbursed by the Miracle Pool Company. Mr: Pike stated that the approximate cost of the pool would be $27,000. Mr. Cole asked Mr. Pike to check into the maintenance and cost of keeping the pool dur- ing the winter. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request of the Parks and Recreation Department fo staff members to go to Des Moines, Iowa to see the Mobile Learner Pool in operation The County will be reimbursed three - fourths of the total cost of travel expenses in curred by the Parks and Recreation staff by the Miracle Pool Company, manufacturer 275 her service on this Board. ' The above resolution was passed by the following recorded vote: Raymond C. ' Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Ay Mr. Cole stated that Mrs. Sharp had been most interested and active in this pr • ject and he hoped her replacement would be as active as she had been. RESOLUTION ACKNOWLEDGING RECEIPT OF INSURANCE FUNDS - APPROVED Mr. Sandy presented a resolution acknowledging receipt of insurance funds for stolen radio from a Frederick County Landfill truck. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, By.' =.the Board of Supervisors of Frederick - County, that a check in the amount of $1,200 from Maryland Casualty Company is hereby acknowledged as pa ment for stolen County property; and, BE IT FURTHER RESOLVED, That the above mentioned $1,200 is hereby appropriated • to the 1975 -76 General Operating Fund budget in order that the stolen property may be replaced. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R.' Aye; and Richard F. Madigan, Ay APPROVAL OF REQUEST BY PARKS AND RECREATION DEPARTMENT TO MAKE TRIP TO DES MOINES IOWA FOR INSPECTION OF MOBILE LEARNER POOL - APPROVED Mr. William Pike appeared before the Board and stated that the School Board an the Parks and Recreation Department were considering the joint purchase of a mobile • learner pool. He stated that the'pool was manufactured by the Miracle Pool Company in Des Moines, Iowa and he would request funds in order that representatives from t County staff might attend a demonstration of the pool. He further stated that 3/4 the expenses would be reimbursed by the Miracle Pool Company. Mr: Pike stated that the approximate cost of the pool would be $27,000. Mr. Cole asked Mr. Pike to check into the maintenance and cost of keeping the pool dur- ing the winter. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request of the Parks and Recreation Department fo staff members to go to Des Moines, Iowa to see the Mobile Learner Pool in operation The County will be reimbursed three - fourths of the total cost of travel expenses in curred by the Parks and Recreation staff by the Miracle Pool Company, manufacturer 275 276. of the pool. Total cost to the County not to exceed $100. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. , . , Cole Aye; Donald R.-Hodgson, Aye; and Richard F': Madigan, Ay , . I . REQUEST FOR SPAYING FEE REFUND - BONNIE GARRETT - APPROVED PLACES - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, " Richard Dick, Chairman of the Frederick Virginia, does herein approve a refund in the amount of $35.00 to Ms. Bonnie Garret ' for spaying fee for a dog she obtained from the County dog kennels. The dog died the Board and requested that the Board and it was determined by Dr. Truban that it 47as because of distemper which he felt • the dog had when it left the kennels. in polling places in the Kernstown area The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Ay e l. stated that the new locations would be REQUEST FROM STAR TANNERY VOLUNTEER FIRE DEPARTMENT - FOR COUNTY TO PURCHASE TWO-WA RADIO - COUNTY TO BE REIMBURSED IN FULL UPON ARRIVAL OF RADIO - APPROVED Mr. Renalds read a letter from the Star Tannery Fire Department requesting as- Thelma Clore and she also felt th sistance in obtaining a two -way radio to be installed in a fire truck. ' Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Treasure• • of Frederick County is hereby authorized to issue a check in the amount of $700.00 'payable to the Commonwealth of Virginia, Department of Purchase and Supply for a two- way radio for the Star Tannery Volunteer Fire Department upon receipt of a check in like amount from the Fire Department and upon receipt of said equipment; and, BE IT FURTHER RESOLVED, That the County Administrator is authorized to issue a County Purchase Order for said radio to the Commonwealth of Virginia, Department of Purchase and - Supply. The above resolution was passed by the following recorded ?vote- rTaymond C. Sandy, -Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • RESOLUTION REQUESTING ASSISTANCE FROM THE COMMONWEALTH OF VIRGINIA AND THE UNITED STATES CONGRESS IN OBTAINING CANNING LIDS - APPROVED , Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Common- wealth of Virginia and the United States Congress be requested to take steps to canning lids available.to local merchants due to the critical shortage or lack of same at a time when they are critically needed; and, BE IT FURTHER RESOLVED, That a copy of this resolution be filed with the U. S. Senators of Virginia, the U... from 7th Congressional District, State Senator and State Delegates representing Frederick County and the surrounding area. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, .D TO MAKE FOR L POLLING PLACES - APPROVED Mr. Richard Dick, Chairman of the Frederick County Committee appear- ' ed before the Board and requested that the Board reconsider their approval of the changes in polling places in the Kernstown area as requested by the Electoral Board Mr. Dick stated that the new locations would be inconvenient to many of the voters. Mr. Cole stated that he had talked with Mrs. Thelma Clore and she also felt th 277. locations would be inconvenient to voters. Upon motion made by Richard F, Madigan and seconded-by Dennis T. Cole, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia does herein request the Frederick County Electoral Board to make a 1 of the changes in polling places requested and approved by this Board on July 975. The above resolution was passed by the following recorded vote: Raymond C. andy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye SCUSSION - LEGAL AND MATTERS Mr. Sandy stated that the Board wanted to discuss certain legal and personnel s, some of which would be discussed in open session and the remainder in execu • ve session. Mr. Sandy requested Mr. Ambrogi', the Commonwealth Attorney to describe his du both Commonwealth Attorney and County Attorney. Mr. Ambrogi stated that both positions are very much the same. He described s as Commonwealth Attorney and stated that this position is that of an elected fficial, elected by the citizenry, and carries the duty of chief law enforcement fficial for the County. Mr. Ambrogi stated that as County Attorney he serves as an advisor to the Board f Supervisors in additon to the above duties. Mr. Sandy stated that he was not trying to interfere with the current investiga ion of the Board of Supervisors, but did resent the fact that he was not kept in- of County developments. He stated that he had learned about the investiga f the Parks and Recreation Department through the news media and therefore he felt was a breakdown in communications between the Commonwealth Attorney's Office is the Board of Supervisors. Mr. Amkirogi stated that he did not release this information to the news media. further stated that he had been requested to conduct this investigation and by tue of his position was compelled to do so. Mr. Madigan asked Mr. Ambrogi if he had at any time tried to pressure him on '. is matter::or any other matter as was. stated in the press and Mr. Ambrogi stated the discussion held in executive session was a very serious one. Mr. Sandy then asked Mr. Ambrogi to describe the duties of the investigator in • is office and to state whether or not his work was a duplication of that conducted the Sheriff's Department. Mr. Ambrogi described at length the duties of the 'investigator in his office that his work was not a duplication of work.done by the Sheriff's Department. J e stated that this position saved him numerous hours and was of considerable help "i is heavy workload. Mr. Madigan stated that his main concern was a duplication of work and he did ot think politics should be involved in the issue. Mr. Ambrogi stated that politics had nothing to do with this issue. Mr. Sandy stated that perhaps the Board should adjourn into executive session scuss the early audit of the Recreation Department as requested by the Board and— personnel matters. Mr. Cole stated that he did not feel the Board should adjourn into executive t at this time inasmuch as many citizens had attended the meeting to find out r 278 what is going on and he felt they had a right to know. Mr. Ambrogi advised the Board that he did not feel they could adjourn into ex- ecutive session inasmuch as the Code provides for discussion of legal matters and personnel matters only in executive session, and since Mr. Fletcher is not longer employee of Frederick County he could not be considered personnel. Mr. Cole moved for adjournment of the meeting, Mr. Hodgson stated that he second Mr. Cole's motion on the condition that Mr. Fletcher be allowed to address Board in open session if he.so desired. Mr. Fletcher appeared before the Board and stated that he had attended the ing in order to address the Board in executive session inasmuch as he felt he owed his former employers an- "explanation of the allegations that had been made. He stat that he felt some of his constitutional rights had been affected by these allegatio and he did not want to be used as a political football in this issue. Mr. Fletcher stated that he would cooperate with the Commonwealth Attorney and his investigator in order to clarify this situation. Mr. Donald Baughman appeared before the Board and stated that he wanted to in support of Mr. Ambrogi and the investigator position recently created by the Boaz He stated that he felt Mr. Ambrogi carried out the duties of his office most capably and that the course he had pursued was correct. He further stated that he felt the Board hae acted very wisely when they created the investigator position in the offic of the Commonwealth Attorney in order to assist Mr. Ambrogi with his heavy workload. He urged the Board to consider very carefully any action they might be contemplating to abolish this position. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT BOARD OF SUPERVISORS DO NOW ADJOURN. Se etary Bd. of Supervisors At a Regular Meeting of the Board of Supervisors of the County of Frederick, irginia, held on the 13th day of August, 1975, in the Board of Supervisors' Meeting , 9 Court Square, Winchester, Virginia. The Chairman called the meeting to order. n Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, ginia, does herein approve the minutes, of the Regular Meeting of this Board held June 25, 1975; the Special Meeting held on June 30, 1975; and the Regular Meeting d on July 9, 1975, as submitted. The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and F. Madigan, Aye. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, WHEREAS, Secondary Route 655, from Route 50 To: .07 miles East of Route 50, a istance of .07 miles, has been altered due to construction on Route 50 and a new - -a 1 • u 2 2 79 road has been constructed and approved by the State Highway Commissioner, which new road serves the same citizens as the road so altered; and, ' WHEREAS,this new road follows a new location, this being shown on the attached sketch titled, "Portion of Plan Sheet 3, Route 50, Project 050 - 034 -102, C- 501." (Said sketch to be kept on file in the County Administrator's Office), NOW, THEREFORE, BE IT RESOLVED, That the portions of Secondary Route 655, i.e. Section 1, shown in red on the sketch titled, "Portion of Plan Sheet 3, Route 50, Project 050- 034 -102, C- 501 ", a total distance of .07 miles be', and hereby is, added to.the Secondary Systemodf State Highways; pursuant to Sectionn3'3.1 -229 of.the Code • lof Virginia.of 1950.as amended; AND FURTHER, That the sections of old location, i. e., Sections 2, shown in blue on the aforementioned sketch, a total distance of .18 miles, be, and the same is, abandoned as a public road, pursuant to Section 33.1 -155 of the Code of Virg of 1950 as amended. The above resolution was passed by the following recorded vote: Raymond C,. ' Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. • II REQUESTS PRESENTED TO HIGHWAY DEPARTMENT Mr. Madigan requested Mr. Renalds to contact the Highway Department to request that the side ditches and culverts on Route 601 south of Star Tannery off Route 600 be cleaned out and repaired. He further requested that the Highway Department in- vestigate and correct the drainage problem in the vicinity south of Winchester know as Snyder's Lane. „ V Mr. Sandy presented a petition received from residents in the Meadows Subdivi- sion requesting the placement of no parking signs along Route 277 near the entrance to the Subdivision. The petition further requests the leveling of the hill in this area in order to provide better visibility and the possible reduction of the 55 • miles per hour speed limit. Mr. Sandy requested that this petition be forwarded to ' the Highway Department for their consideration. ,REQUEST TO BE FORWARDED TO HEALTH DEPARTMENT Mr. Madigan requested that the Frederick - Winchester Health Department be re- quested to file a written report on the area south of Apple Valley Road wherein re- ports have been received of malfunctioning septic tanks and drain fields. DR. WRIGHT - REQUEST FOR BUDGET ADJUSTMENT • Dr. Wright appeared before the Board and requested a budget adjustment for iting purposes in the amount of $153,000, state and federal funds. He described programs to be financed by these funds. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, 1975 -76 school budget for funds to operate a Fire School Program in the amount of $5,000, said approved increases, both federal and state, totaling $153,000. The above resolution was passed by -the following recorded vote: Raymond C. E BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request of the Frederick County School Board to increase the federal section of the 1975 -76 school budget for funds to operate the Diagnostic Treatment Center in the amount of $125,000 and a Migrant Program in the amount of $23,000 and does further approve an increase in the state section of the 1975 -76 school budget for funds to operate a Fire School Program in the amount of $5,000, said approved increases, both federal and state, totaling $153,000. The above resolution was passed by -the following recorded vote: Raymond C. E , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. BILLS Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the bills for the month of July, 1975, in the amount $108,520.63 and does order the same paid by Warrants #10829 through #11115. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF PAYROLL Upon motion made by Dennis T.'Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the payroll in the amount $67,945.48 and does order the same paid by Warrants #10717 through #10828. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert'Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. DOG WARDEN REPORT AND CLAIMS - ADAMS, WHITACRE, APPROVED - MCTIERNAN'DENIED Mr. Harold Whitacre appeared before the Board and presented his monthly report. Mr. Whitacre stated that he felt the claims presented by Mr. Ernest W. Adams, Jr. and Mr. Frank Whitacre were valid but he could not be positive that the McT livestock kill had been caused by dogs inasmuch as the animals were too decomposed the time he was called. Upon motion made by J. Robert Russell, and seconded by Dennis T. Cole, ` BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the claims for livestock kills as follows: 1. Ernest W. Adams, Jr. - Gainesboro District - 1 lamb - $15.00 2. Frank Whitacre - Gainesboro District - 9 ewes at $20.00 each = $180.00 and 3 lambs at $20.00 each = $60.00 for a total claim of $240.00. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. r Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny the claim of Patrick and Thomas McTiernan for a lives kill of two calves inasmuch as it can not be determined that the kill was caused by dogs. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. Mr. Sandy asked what road is being used as an access road to the Dog Kennel Mr. Whitacre stated that they were using the old landfill road. Mr. Sandy reque Mr. Renalds to check with Mr. Eugene Gunter to see whether or not there was a con =.: tract wherein the County would maintain this road. • 1 • • • SITE PLANS 281 PERRY ENGINEERING COMPANY, INC. TO CONSTRUCT POLE BARN Mr. Berg presented the site plan of Perry Engineering Company, Inc. for the L %JA ' Ilconstruction of a pole barn for the storage of vehicles. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the site plan of Perry Engineering Company, Inc. to construct a 27 foot by 51 foot pole barn for the storage of vehicles on their pro- perty located on the north side of Route 50 East in Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. SOLENBERGER'S HARDWARE - TO'CONSTRUCT HARDWARE STORE - APPROVED Mr. Berg presented the site plan of Solenberger's Hardware stating that the applicant proposes to build a 70' x 100' building to house a hardware store. Mr. Berg stated that the Highway Department had recommended that additional parking be added to the plan and that the entrance drive be a minimum of thirty feet and a imum df fifty feet. • Mr. Cole stated that he felt the 50 foot entrance should be required. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, - IT•r•RESOLVED hat.fthe Board of Supervisors of the County of Frederick, Virginia does herein approve the site plan of Solenberger's Hardware for the con- struction of a 70 foot by 100 foot building to house a hardware store on their pro- perty located on the north side of Route 7, with the stipulation that additional em ployee parking be provided in the rear of the building and that the entrance drive be fifty feet in width. The above resolution was passed by the following recorded vote: Raymond C':. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • Richard F. Madigan, Aye. SUBDIVISIONS PINE INVESTMENT CORPORATION - OPEQUON DISTRICT - APPROVED Mr. Berg presented the plat of Pine Investment Corporation stating that the applicant proposes to remove the Holsum Bakery Store onto a separate parcel of land, separate from the entire parcel shown on the plat. He further stated that there no plans at the present time for the remainder of the property. • II Upon motion made by J. Robert Russell 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 Pine Investment Corporation consisting of one -lot occupied by. :the:: Holsum Bakery.. COmpa lot . consis.ting of 30,872 square feet fronting on Route 277 in Opequon Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; ' IlRichard F. Madigan, Aye. GARBER SUBDIVISION - GAINESBORO MAGISTERIAL DISTRICT - TABLED Mr. Berg presented the plat of Garber Subdivision stating that the applicant desires to resubdivide two three acre tracts into three lots of two acres or more. Mr. Madigan stated that he felt the Board would be establishing a new subdivi -: ;282 sion should this reouest be approved. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table the plat of Garber Subdivision in order that the Commo wealth Attorney might research the request to enlarge the lots in said subdivision to determine whether or not this request would constitute a plat revision or the establishment of a new subdivision. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. LONE OAK SUBDIVISION - OPEQUON MAGISTERIAL DISTRICT - TABLED Mr. Berg presented the plat of the Lone Oak Subdivision and stated that the applicant desires to eliminate two of the lots in the subdivision in order to en- large four of the existing lots. Mr. Madigan stated that he felt this request would require the vacation of the existing plat and he was concerned about the proper procedure to be followed by the Board in this matter.. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table the plat revision of Lone Oak Subdivision in-order that the Commonwealth Attorney might research this request to determine the proper pro- cedure to be followed by the Board in this matter. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; JRichard F. Madigan, Aye. LEON ZEIGER SUBDIVISION - SECTION 6 - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented the plat of the Leon Zeiger Subdivision, Section 6 contain- ing 10 lots in Back Creek Magisterial District and stated that the Highway and Heal Department approvals had been received and that a recreational impact fee of $111.0 per lot was recommended. Mr. Cole asked if a bond would be provided for the construction of lots and other amenities in the subdivision and Mr. Berg stated that this was correct. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the plat of the Leon Zeiger Subdivision, Section 6 consisting of 10 lots in Back Creek Magisterial District subject to the posting of satisfactory performance bond and payment of the recreational impact fee of $111.00 per lot. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F, Madigan, Aye. MOBILE HOME PERMITS - SHARON DANIELS. L. P. COVERSTONE. AND J. ROBERT RUSSELL Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the mobile home permits of Sharon Daniels, Back Creek Magisterial.District. -and L. P...Coverstone, Stonewall'Magisteriil.District. • • • • -- U.. 283 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J-Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Il Richard F. Madigan, Aye. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the mobile home permit of J. Robert Russell, Gaine Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; h and J. Robert Russell, Abstaining. RESOLUTION AUTHORIZING REFUND OF ASAP REIMBURSEMENT TO CITY OF WINCHESTER - APPROVE] Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, 7BE IT;RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a refund in the amount of $1,090.87 to the City of Winchester as recommended by the Frederick County Finance Committee, said funds re- ' presenting the City's contribution to the ASAP Program which were not expended due to the fact that the program is self- sustaining. • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; an( Richard F. Madigan, Aye. sioner of Revenue, i.e. a Dodge Ram Charger at a cost of $6,000. Mr. Cole stated taht he felt this was a luxury item and he did not feel a car of this type was necessary. He further stated that he felt the County should be purchasing economical vehicles and suggested that bids be obtained on a'- -six%cyli Ilvehicle. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that bids be obtained on six cylinder vehicles in that a decision might be reached on the purchase of a vehicle for the County ap- praiser. SHENANDOAH AREA AGENCY ON AGING, INC. - APPROVED Mr. Madigan stated that the Finance Committee recommended that the Board ap-.% prove the Shenandoah Area Agency on Aging-, Inc. but that they did not recommend monetary participation in this project until such time as the Agency presents a satisfactory program of action to the Board of Supervisors. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the Shenandoah Area Agency on Aging, Inc. and does direct that monetary participation in this project be withheld until such time as a satisfactory program of action is presented to the Board of Supervisors. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; an< Richard F..Madigan, Aye. PURCHASE OF MOTOR VEHICLE FOR COUNTY APPRAISER - BIDS TO BE OBTAINED ON SIX CYLINDE] VEHICLES • Mr. Madigan stated that the Finance Committee recommended the purchase of a motor vehicle for the County Appraiser in accordance with the request of the Commis- sioner of Revenue, i.e. a Dodge Ram Charger at a cost of $6,000. Mr. Cole stated taht he felt this was a luxury item and he did not feel a car of this type was necessary. He further stated that he felt the County should be purchasing economical vehicles and suggested that bids be obtained on a'- -six%cyli Ilvehicle. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that bids be obtained on six cylinder vehicles in that a decision might be reached on the purchase of a vehicle for the County ap- praiser. O 5. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. RECOMMENDATION THAT TDTT T WRT TTW - ST]DDn MWW vTDrTMTn MTIKTT Upon motion made by Richard F. Madigan and seconded by Donald R BE IT-RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,does herein direct the County Administrator to make application for con- tract membership for Frederick County in the Virginia Municipal League at a cost of $300 per, year. . The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. RESOLUTION RESCINDING MWT.T DDnPWnTTDC - RDDDn Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED,'That the Board of Supervisors of the County of Frederick, Virginia, does herein rescind the resolution passed by this:Board on January 8, 19 providing for the presentation of both- the.-remains of a county automobile sticker and the receipt therefor, prior to replacement of said sticker for the price of 50 cents; and, BE IT FURTHER RESOLVED, That the Board does herein direct that in the event remains of the original automobile sticker and the receipt therefor can not be pro- duced, a replacement sticker may be obtained for the price of 50 cents upon the presentation to the County Treasurer of a notarized affidavit, executed by the applicant setting forth the request for said replacement sticker and the reasons.wh, the original sticker and receipt can not be produced. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. 'Cole, Aye; Donald R. Hodgson, Aye;. Richard F. Madigan, Aye. SALARY INCREASE - INVESTIGATOR IN FREDERICK COUNTY SHERIFF'S DEPARTMENT - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a salary increase to the individual holding the posi- tion of investigator in the Frederick County Sheriff's Department to $10,000, said increase to be retroactive to July 1, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye;'Dennis T. Cole, Aye R. Hodgson, Aye; Richard F. Madigan, Aye. TMCTT0AMrF Mn rnTINTV "i! Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that cancer insurance as offered through the Estate Life Insurance Company of America or any other comparable insurance company, be available to County employees, at the employee's expense; and, BE IT FURTHER RESOLVED, That any administrative costs involved in handling thi I E • • policy shall be absorbed by the County. X85 The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and I IlRichard F. Madigan, Aye. Upon motion made by Donald R. Hodgson and seconded by Richard R. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, 11virginia, does herein request-the Commonwealth Attorney to take steps to recover de- linquent landfill accounts owed to the County. The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell,Aye; Dennis T. Cole, Aye;.- R. Hodgson, Aye; and F. Madigan, Aye. DOPTION OF LORD FAIRFAX PLANNING DISTRICT COMMISSION REGIONAL SOLID WASTE PLAN - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the adoption of the Lord Fairfax Planning District • Commission Regional Solid Waste Plan as:.submitted. The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and F. Madigan, Aye. BID OF R. R ROBINSON AND SON FOR - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia, does herein accept the low bid of R. R. Robinson and Son in the amount of ,248.78 for the installation of a septic system at the Frederick County Landfill • set forth in the bid proposal of R. R. Robinson and Son dated July 18, 1975, one of said amount to be reimbursed by the City of Winchester. ' The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and F. Madigan, Aye. PROCEDURE FOR RENEWAL OF BUILDING PERMITS - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • IVirginia does herein approve.the following procedure for the renewal of building pnits: (A) In accordance with the Uniform Statewide Building Code, building permits will be valid for a six month period following initial issuance (E) Refunds of fees will not exceed 508 of the fee in any case The above resolution was passed by the following recorded vote: Raymond C. ION OF SEPTIC , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and (B) That building permits be renewed up to a one year period after issuance at no charge (C) Renewal of a building permit after a period of one year -from issuance at a fee of $7.50 (D) After a.period of two years from issuance, the permit shall be null and void and the full fee will be required and the appli- ..i: cant must reapply for his building permit (E) Refunds of fees will not exceed 508 of the fee in any case The above resolution was passed by the following recorded vote: Raymond C. ION OF SEPTIC , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and COON Richard F. Madigan, Aye. RESOLUTION PROVIDING FOR ACCESS TO FREDERICK COUNTY DOG KENNEL THROUGH OLD LANDFILL I SITE ON TRIAL BASIS - APPROVED Mr. Cole stated that the Committee on Engineering and Code felt that perhaps some use could be made of the old landfill site such as a pistol range and this road would provide access to that facility as well as the Dog Kennel. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the use of the road through the old Frederick County Landfill site for access to the Frederick County Dog Kennel on a trial basis. • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye. SERVICE ROAD FROM WELLTOWN PIKE TO VICINITY OF KWICK KLEAN REFUSE DIVISION NAMED LENOIR DRIVE Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the service road leading from Welltown Pike to the vicinity of the Kwick -Klean Refuse division complex be named Lenoir Drive in order that U. S. Mail service might,be requested on this road. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REQUESTS FOR BLINKING LIGHT, BRUCETOWN ROAD AND SPEED LIMIT SIGNS BRUCETOWN ROAD - , • TO BE FORWARDED TO HIGHWAY DEPARTMENT Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein submit the following requests to the Virginia Department of • Highways: (A) Requests the Virginia Department of Highways to install a.blink- , ing light control at the intersection of U.S. Route 11 and Brucetown Road (State Route 672) (B) Recommends that speed limit signs indicating a speed of 35 miles per hour be placed on Brucetown Road in the vicinity of the Clearbrook Fire Hall and Clearbrook Park and Frey's Quarry entrance. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • RECOMMENDATSON •S'A•LESOF?SURPLU&& COUNTY_ ?•P -ROP.•E•RTY•••:- :.APP.ROV•ED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the following surplus property be sold on sealed bids: (A) Two parshall flumes; Three aerators with motors; and one addi tional aerator motor; all of these items are currently located at Clear- brook Park , (B) Landfill Scales currently located at the old Frederick County Landfill sit The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. 287 SEWAGE TREATMENT PLANT APPROVED IN ACCORDANCE WITH THE RECOM- " , Upon motion made by Dennis T. Cole and seconded by.-Richard F. Madigan, BE IT RESOLVED, That the Supervisors of the County of Frederick, Virginia does herein approve the proposed Shawneeland Sewage Treatment Plant in accordance with t tion of the Frederick County Sanitation Authority, i.e. that there are no t nor long term plans to serve this area. The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and • 11 Richard F. Madigan, Aye. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, THat the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Mr. James W. Barnett and Mr. Ferman Perry to serve on he Frederick County Board of Building Appeals, each to serve a term of five years ' beginning August 13, 1975 and ending August 12, 1980. The above resolution was passed by the following recorded vote: Raymond C. • Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and (Richard F. Madigan, Aye. M. UNDERWOOD BID FOR PAINTING AND RENOVATION OF COUNTY' Mr. Renalds stated that he had received notification from Mr. Richard Haines, e bid of $4,000 had been accepted for renovation and painting of the County e in the amount of $4,000 on June 11, 1975, stating that he could not the job because of poor health. He further stated that the second lowest andolph M. Underwood, had stated that he would still be willing to do the work at he same bid proposal he made on June 11, 1975 of $7,875. • Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein accept the bid of Randolph M. Underwood in the amount of $7,87 for the renovation and painting'of the Frederick County Courthouse upon condition that all work be done in accordance with the County's specifications and bid sheet by said Randolph M. Underwood. The above resolution was passed by the following recorded vote: Raymond C. , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; andl • Richard F. Madigan, Aye. COMMENDATION FROM PLANNING COMMISSION REQUESTING PRESENCE OF AN ATTORNEY AT Mr. Sandy presented a resolution addressed to the Board from the Planning Com- m ission requesting the presence of an attorney at their meetings and especially t public hearings. Mr. Madigan stated that he had :understood that the Planning Commission would ' lave an attdrney,•.,present at their meetings and further that it was the unanimous pinion of the Planning Commission that an attorney should be present inasmuch as actions taken by this Commission affect the entire County. Mr. Ambrogi stated that there were no statutory requirements wherein his office required to furnish counsel for the Planning Commission. Mr. Ambrogi explained 0 various duties and schedules of his staff and stated that the workload is such .• that he could not guarantee a specific attorney would be present at all the Plan- ning Commission meetings. He suggested that perhaps one member of his staff could attend these meetings in accordance with the schedules set forth for that particular , date. Mr. Cole stated that he did not feel it was necessary for an attorney to be present at all Planning Commission meetings inasmuch as the Planning Commission serves as an advisory commission to the Board. Mr. Clinton Ritter appeared before the Board and stated that he felt the Plan- ning Commission recommendation was unreasonable. He explained his schedule and stated that it was sometimes impossible to attend these meetings. Mr. Ritter state • that he enjoyed working for Frederick County but he could not be in two places at once. Mr. Russell asked if the Planning Commission could work together with the Com- imonwealth Attorney to resolve this problem. He suggested that perhaps the meeting: date could be changed. Mr. Ambrogi advised that he would try to see that an attorney was present for , these meetings and which attorney it would be would..depend upon which one was avail, able. • QUARTERLY MEETING WITH FREDERICK COUNTY SANITATION AUTHORITY Mr. Roger Koontz appeared before the Board and reported that by the first of September, all work on the project will have cleared the Health Department and the State Water Control Board and a completion date of March, 1977 had been set. He further stated that the upgrading of the Stephens City Project had been com- pleted and at the present time it is economically feasible. Mr. Koontz stated that the Sanitation Authority was looking into a request for water in the Stephenson area and would report further developments on this matter a the next quarterly meeting. Mr. Koontz stated that a contract had been signed with the City of Winchester • for treatment of the effluent from the Apple Pie Ridge School area until such time ' as the plant is completed. Mr. Sandy thanked the Authority for their attendance at the meeting and their report. BOARD RECESSED FOR DINNER Upon motion duly 'made,.seconded and- passed' the'Board recessed for dinner at 5:27 P.M. • BOARD RECONVENES Upon motion duly made, seconded, and passed unanimously the Board reconvened a 7:00 P.M. The Chairman called the meeting to order. REQUEST FOR BUDGET FUNDS - FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, , BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, tha r• a ?loan in the amount of $15,418.92 is hereby authorized to the Frederick County Sanitation Authority; and, BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended from budget code 10- OIOH -902B 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 Authori as approved by this Board at a Regular Meeting on April 12, 1972, and is subject to the terms so established on that date; and, BE IT FURTHER RESOLVED,. a breakdown of the funds requested is as follows: Perry Engineering Company Gilbert W. Clifford & Associates, Inc. $. 273.50 15,145.42 The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Abstaining. ORDINANCES - FIRST AND SECOND READING AN ORDINANCE PASSED AUGUST 10. 1970 AND AMENDED FEBRUARY Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, ginia, does herein approve, on first and second reading, the following ordinance: BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • 1 AN ORDINANCE TO AMEND AN ORDINANCE PASSED AUGUST 10, 1970 AND AMENDED FEBRUARY 23, 1972, ENTITLED AN ORDINANCE TO EMPOWER THE COUNTY OF FREDERICK, VIRGINIA TO LEVY AND ASSESS TAXES AND CHARGE LICENSE FEES UPON MOTOR VEHICLES, TRAILERS, SEMITRAILERS; LIMITATIONS OF AMOUNT; DISPOSITION OF REVENUE; REQUIRING EVIDENCE OF PAYMENT OF PER- SONAL 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: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye;..-Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ZONING Mr. Cole stated that he thought the Board of Supervisors should take a long loo • at this rezoning inasmuch as it is so large and would create a great impact upon the County. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, • 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 THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 1144.297 ACRES, MORE OR LESS, OF J. L. BOWMAN AND F. L. GLAIZE, III, FRONTING 920.57 FEET ON THE SOUTH SIDE OF ROUTE 277 (BEGINNING APPROXIMATELY 1.45 MILES EAST OF INTERSECTION WITH ROUTE 636) AND BOUNDED BY THE FREDERICK COUNTY - CLARKE COUNTY LINE FOR A DISTANCE OF 6000 FEET, MORE OR LESS, (BEGINNING APPROXIMATELY .53 MILES SOUTH OF ROUTE 277); IN OPEQUON MAGISTERIAL FROM AG- RICULTURAL, GENERAL (A -2) TO RESIDENTIAL RECREATIONAL COMMUNITY (R -5) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. ORDINANCE ADOPTED NOVEMBER 1. 1973 Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, 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 THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 12.692 ACRES, MORE OR LESS,,OF S. L. SHACKLEFORD ESTATE, LOCATED ON THE EAST SIDE OF ROUTE 642, APPROXI- MATELY SIX - TENTHS (6/10) MILES SOUTH OF KERNSTOWN INTERCHANGE 79; IN.BACK_CREEK.MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED ;(R -2) TO BUSINESS, GENERAL (B -2) I t r :3� The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1,..1973, TO REZONE 3.53 ACRES, MORE OR LESS, OF V. V. CUTSHAW, IN STONEWALL MAGISTERIAL DISTRICT FR OM AGRICULTURAL GENERAL A- TO BUSINESS, GENERAL B- - FIRST AND SECOND READING II APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, 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 THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 3.53 ACRES, MORE OR LESS, OF V. V..CUTSHAW, LOCATED ON THE EAST SIDE OF ROUTE 11 NORTH, APPROXIMATELY ONE- EIGHTH (1/8) MILE NORTH ;`..:. OF INTERSECTION WITH ROUTE 761; IN STONEWALL MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO BUSINESS, GENERAL (B -2) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1 1973, TO REZONE 1.81 ACRES, MORE OR LESS, OF CHARLES W.BOYLES AND PAUL E. RICHARD IN STONE- WALL MAGISTERIAL DISTRICT FROM AGRICULTURAL, GENERALS A- TO MULTIFAMILY RESIDENTIAL R- - FIRST AND SECOND READING - APPROVED Upon motion made by Dennis T. Cole'and seconded by J. Robert Russell, 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 THE FREDERICK COUNTY ZONING ORDINANCE ADOP.TED:. % NOVEMBER 1, 1973, TO REZONE 1.81 ACRES, MORE OR LESS, OF CHARLES W. BOYLES AND PAUL E. RICHARD, LOCATED ON THE EAST SIDE OF ROUTE 739, ABOUT TWO- TENTHS (2/10) MILES NORTH OF INTERSECTION WITH ROUTE 671; IN STONEWALL MAGISTERIAL DISTRICT;'FROM AGRICULTURAL, GENERAL (A -2) TO MULTIFAMILY RESIDENTIAL (R -6) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PUBLIC HEARINGS AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOP NOVEMBER 1, 1 973, TO REZONE 71.646 ACRES, MORE OR LESS, OF WINCHESTER RENDERING COMPANY INC. IN GAINES- BORO MAGISTERIAL DISTRICT FROM AGRICULTURAL LIMITED A- .TO INDUSTRIAL, GENERAL M- • THIRD AND FINAL READING - APPROVED Mr. Joseph Massie appeared before the Board representing Winchester Rendering Company, Inc. and described the location of the property and stated that the request for rezoning was to bring the property in line with its use, so that the business could be rebuilt should it be destroyed by fire or other disaster. Mr. Madigan asked Mr. Smith, operator of the Rendering Plant, how much water he dumped at the Winchester Sewage Treatment Plant each day and what time it was dumped. Mr. Smith stated that they dump approximately 5,000 gallons a day at around 4:00 P.M. and that this took approximately 5 to 10 minutes. He stated that they are presently negotiating a proposed price increase with the City of Winchester. Mr. Smith stated that another 10,000 gallons of water a day is dumped on their property through the irrigation process. Mr. Cole asked if the odor problem has been solved. Mr. Smith stated that they are working very closely on this problem with the State Air Pollution Control Board and over the past few years about 90% of the problem has been solved. There was no opposition to this rezoning request. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, 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 • L J • C� x3t��c NOVEMBER 1, 1973,. TO REZONE 71.646 ACRES, MORE OR LESS, OF WINCHESTER 291 RENDERING COMPANY, INC., LOCATED ON THE SOUTH SIDE OF ROUTE 679 AND THE WEST SIDE OF ROUTE 608; IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO INDUSTRIAL, GENERAL (M -2). The above resolution was passed by the following recorded vote: Raymond C. Sandy, 1 Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye;:Donald R. Hodgson, Aye; and Ri F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 Mr. Cole stated that he could see why the owner of this property would want the • property rezoned so that it could be rebuilt should it suffer a loss by fire or other disaster. Mr. Hodgson stated that he felt the rezoning should have been requested before construction was begun. There was no opposition. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, 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 NOV- EMBER 1, 1973, TO REZONE 1.427 ACRES, MORE OR LESS.OF DONALD P. SAVILLE, LOCATED ON THE NORTH SIDE OF ROUTE 50 WEST, ABOUT ONE -HALF MILE EAST OF INTERSECTION WITH ROUTE 654; IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO BUSINESS, GENERAL (B -2) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Mr. Garland Cather appeared before the Board in support of his rezoning request E and stated that the property would be used for the construction of twenty single fam- ily dwellings. He stated that he felt the buffer zone between this property and the Perry Quarry should not be his responsibility. Mr. Ben Butler appeared before the Board representing Perry Quarry in opposition to this rezoning request. -He stated that there would be a safety hazard involved be- cause of the proximity of these lots to the quarry operation. Mr. Butler stated that he felt the requested rezoning would not be compatible with the M -2 zoning of the quarry property. Mr. Russell asked Mr. Cather what use he intended to make of the property behind • the proposed subdivision and Mr. Cather stated that he would perhaps remove the or- chards located there now and put it into hay fields. Mr. Madigan asked if the wells and septic systems in this area are satisfactory and Mr. Cather replied that the water supply is very good. Mr. Butler stated that the Board had stated in the past that they wanted to pre- serve agricultural land in this section of the County and should this particular re- quest be approved it would make a lot of developers in the County very happy. Mr. Butler stated that the Planning Commission had recommended denial of this rezoning request and he felt the Board should honor this recommendation. He pointed out the direction of the quarrying operation and stated that he did not feel the proposed lo- cation of the subdivision would be safe. Mr.-Cather stated that he did not feel there would be a safety hazard inasmuch the quarry is a safe distance from the proposed subdivision. There followed lengthy discussion as to the distance between the quarrying oper- ation and the proposed subdivision and the requirements to provide a buffer zone. JOIN 292 Mr. Russell stated that he.would prefer to have action on this matter delayed in order that the request might be studied by each of the supervisors. He stated that h would like to have more information as'to where the rock bed lies and how far it come the proposed development. He stated that he felt there should be some type of ier, between subdivisions and commercial orchards. Mr. Russell requested informa- 1 as to the drainage of the twenty lots to determine if there would be any sewage ' Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- inia, does herein table the rezoning request of Garland R. Cather and Louise S. rezone 20.6 acres in Back Creek Magisterial District from Agricultural, General (A -2) to Residential,.Limited (R -1) until the first regular meeting of this Board in II • September, 1975, in order that the supervisors might have sufficient time to gather tional information on this request. The above resolution was passed by the following recorded vote: Raymond C. Sandy; ye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard . Madigan, Aye. N ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, , D REZONE 5.533 ACRES MORE OR LESS OF E. L. AND RUTH E. PETERS IN SHAWNEE MAGISTERIAL ISTRICT FROM RESIDENTIAL, LIMITED (R -1) TO RESIDENTIAL, GENERAL, (R -3) - THIRD AND INAL READING - DENIED Mr. Joseph Massie appeared before the Board representing Mr. and Mrs. Peters in • his rezoning regeust. He presented a plat of the property and a brief outline of the ubdivision from its inception in 1961. He stated that the property would be developed o single family dwellings.. Mr. George King appeared before the Board in opposition to the rezoning request stated that petitions had been presented to keep the property zoned R -1 and they t R -3 zoning would devalue their homes. Mr. Roy Beatty appeared before the Board and stated that when the residents of s subdivision had built their homes there were several restrictions they had to ollow and should the zoning be changed now these restrictions would be null and void II nd the property owners would be unprotected as to what type dwelling would be con- • structed. Mr. Pannells appeared before the Board and stated that he had paid a`lot of money , for his home and he too felt that smaller lots -and cheaper homes would devalue his pro - erty. Mr. Berg stated that even if the land is rezoned to R -3 the lots would be larger than they are now. Mr. Madigan stated that he felt the residents were most concerned about the type of homes to be built on the lots. • Mr. Morgoglione asked if there are any covenants and restrictions to be recorded with the deed of dedication when this section is platted and Mr. Massie stated that the deed of dedication is not ready for presentation yet. i Mr. Massie stated that he felt the delegation should be appearing in opposition when the plat is presented for approval; that this is just a request for rezoning the property. He further•.stated that the deed of dedication is subject to approval by the Board of Supervisors. ' Mr. Madigan stated that the rezoning request would make the property conform more closely to the ordinance than the current zoning. A gentlemen in-the audience asked if the Board had any control over deed covenants and Mr. Sandy stated they did not. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein deny the following ordinance on third and final reading: 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 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: Raymond C. Sandy ; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard • E F. Madigan, Abstaining. CONDITIONAL USE PERMIT - LEISURE V Mr. J. H. Yost, III appeared:.before the Board in support of his application for conditional use permit for Leisure Village Mobile Home Park and described in detail the proposed construction of the park and the facilities to be provided. Mr. Yost stated that the Planning Commission had recommended approval of this conditional use permit and the proposed park meets all the requirements of the County ordinances. The cost of the sewage and water system, the rental fees to be charged per space and the projected development of the park were discussed at length. Mr. Madigan stated that he had worked out an impact study on this mobile home park using a figure of 700 units maximum over a 13 year development period. He then presented the figures contained in this study and described the impact each would ha on the County. He stated that this was a very good plan and something that was need the County and the only thing that concerned him was the possibility of an unna in the County. Mr. Charles Boyd appeared before the Board in opposition to this request stating he was concerned about the impact it might have on the tax revenue of the County. E There was lengthy discussion as to what the impact on the school system would be nd how the restrictions on the park would be enforced. Several people appeared before the Board in support of this request citing such easons as the need for low cost housing in the county for young people as well as hose who have retired and are on fixed incomes, in order that this segment of our ion would not have to be housed in sub par housing. Several people stated felt this park would be an asset to Frederick County and would not cause a heavy t upon the County because of the length of its development. Mr. Sandy stated that.he could not see how a 700 unit.mobile home park woiild'be L J d for the County. He further stated that the Board had turned down another mobile e park previously and he did not see how they could approve this one. Mr. Yost then presented a petition containing 305 signatures in support of his lication for conditional use permit. Mr. Russell stated that he liked the concept of a park of this type but the 700 t size greatly concerned him. He further stated that he did not feel the people in derick County Frederick County could stand the impact of such a park. Mr. Cole stated that he did not feel the County could handle such a large impact fl one area and provide the services needed. Mr. Madigan moved to approve the application for conditional e permit for Leisure Village Mobile Home Park with conditions and restrictions to be t by the Board of Supervisors. Mr. Cole seconded this motion. The above motion was defeated by-'-the following recorded vote: Raymond C. Sandy, ; J. Robert Russell, Nay; Dennis T. Cole, Nay; Donald R. Hodgson, Nay; and Richard. *' 41 : to Madigan, Aye. E Mr. Cole requested that this appointment be delayed for thirty days in order that the press might publish an article requesting volunteers to serve on this Board. Thil I was agreed upon by the remainder of the Board. PARKS AND RECREATION COMMISSION REQUEST FOR CERTAIN ITEMS PRESENTLY LOCATED AT CLEAR- BROOK PARK BE SOLD - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the request of the Parks and Recreation Department to sell on sealed bid the following items located at Clearbrook Park: 2 canoes; 1 golf cart; 3 aerators and motors with one additional motor; 2 parshall flumes; 1 school bus; 1 pony walker BE IT FURTHER RESOLVED, That the Board does authorize the sale of the following equipment at public auction as requested by the Parks and Recreation Commission: 6 ponies; tack equipment - saddles, harnesses, etc. The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. RULES AND REGULATIONS FOR CLEARBROOK PARK - APPROVED AS SUBMITTED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the Rules and Regulations for Clearbrook Park as submitted this date to the Board by the Parks and Recreation Commission. The above resolution was passed by the following recorded vote: Raymond C. ; J. Robert Russell, Aye;:Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard Madigan,!Aye. PARKS AND RECREATION COMMI SSION REQUEST FOR SANITATION AUTHORITY TO TAKE OVER WATER • • SYSTEM AT CLEARBROOK PARK - DISCUSSED • .& Mr. Pike stated that the Parks and Recreation Commission requested the Sanitatio Authority to take over the water system at Clearbrook Park inasmuch as the Parks and ' Recreation Department did not have sufficient personnel or expertise to maintain said system. The Board agreed to correspond with the Sanitation Authority on this matter. TO TRANSFER SICK LEAVE - APPRMRn Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • does herein approve the transfer of_58:days of sick leave,.accumulated".by Mr. am D. Pike in the Frederick County School System to his current position as Dir- of Parks and Recreation. The above resolution was passed by the following recorded vote: Raymond C. Sand e; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard Madigan, Aye. QUEST FOR JOINT MEETING BETWEEN BOARD OF SUPERVISORS AND PARKS AND RECREATION MEETI,G ' T FOR AUGUST 27, 1975 Mr. Pike stated that the deadline for Commission on Outdoor Recreation funding s fast approaching and the Chairman of the Parks and Recreation Commission had sug- sted that a joint meeting be held in order that this matter might be discussed. O ver The meeting was set for August 27, 1975, the next Regular Meeting of the Board of Supervisors. III WillWk "W Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, B.yuthe Board of Supervisors of Frederick County., Virginia that Frederick County Parks and Recreation Department is hereby authorized to conduct a summer youth recreation program for economically disadvantaged youths from August 18 to August 22nd, 1975; and, BE IT FURTHER RESOLVED, That said program is to be financed by CETA Title III • grant in the amount of $843.00 and in order to implement said program the following 1975 -76 budget adjustment is hereby authorized: Increase General Revenue Fund Revenue Estimate: 05 -6870 $843.00 Increase General Operating Fund Appropriations: 18 -18F1 -312 $ 40.00 18 -18F3 -130 375.00 18- 18F3 -399B 428.00 Total $843.00 TION OF MEMBERS OF FREDERICK COUNTY SANITATION • II APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- , does herein rescind its resolution of July 13, 1970 setting the compensation the members of the Frederick County Sanitation Authority at a maximum of $300 per 0 BE IT FURTHER RESOLVED, That the Board does herein set the compensation for mem- After review, the monthly staff report was accepted. ]IREQUEST FROM FREDERICK COUNTY C ONSERVATION CLUB FOR TAX EXEMPT STATUS REFERRED TO ( [COMMONWEALTH ATTORNEY FOR STUDY..AND RECOMMENDATION • Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ia, does herein refer the request of the Frederick County Conservation Club for tar npt status to the Commonwealth Attorney for study and recommendation. The above resolution was passed by the following recorded vote: Raymond C. Sand} J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson,'Aye; and Richard F. Madigan, Aye. ' (COMPLAINT RE: TRUCKING CENTER 11 NORTH - R Mr. Madigan stated that he had received a complaint about a trucking center on 11 North which was operating on a parcel of land not zoned properly for this iness. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, bers of the Frederick County Sanitation Authority at $25.00 per meeting.' The above resolution was passed by the following recorded vote: Raymond-C% Sand Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • COMMISSIONER OF REVENUE - REPORT ON TAX RELIEF FOR ELDERLY - ACCEPTED ' After review the report on Tax Relief for the Elderly submitted by the Commissia, er of Revenue was accepted. After review, the monthly staff report was accepted. ]IREQUEST FROM FREDERICK COUNTY C ONSERVATION CLUB FOR TAX EXEMPT STATUS REFERRED TO ( [COMMONWEALTH ATTORNEY FOR STUDY..AND RECOMMENDATION • Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ia, does herein refer the request of the Frederick County Conservation Club for tar npt status to the Commonwealth Attorney for study and recommendation. The above resolution was passed by the following recorded vote: Raymond C. Sand} J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson,'Aye; and Richard F. Madigan, Aye. ' (COMPLAINT RE: TRUCKING CENTER 11 NORTH - R Mr. Madigan stated that he had received a complaint about a trucking center on 11 North which was operating on a parcel of land not zoned properly for this iness. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, 296 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein refer the complaint received by Mr. Madigan concerning the opera- tion of a trucking center on Route 11 North on property not zoned..for this purpose to the Commonwealth Attorney for investigation and recommendation to the-.Board. The above resolution was passed by the following recorded vote: Raymond C. Sand Aye; J. Russell, Aye;. Dennis T. Cole, Aye;' Donald Hodgson, Aye; and Richard F. Madigan, Aye. GOVERNMENT OFFICIALS CONFERENCE - Mr: Renalds stated that the Local Government Officials Conference.:would be held Charlottesville on August 25 -27, 1975. SEND FLOWERS AND CARD TO Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- nia, does herein direct that flowers and a card be sent to the County Treasurer, rothy B. Keckley, who is currently a patient in the Winchester Memorial Hospital, shing her a speedy recovery; and, BE IT FURTHER RESOLVED, That individual donations be made by each Board member to ver the cost of flowers and card. The above resolution was passed by the following recorded voter Raymond C. Sandy' e; J. Robert Russell, Aye, - Dennis T. Cole, Aye; Donald,R. Hodgson, Aye; and Richard Madigan, Aye. ".: UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT'THE BOARD OF SUPERVISORS DO NOW ADJOURN. 0 Q �- Seq BT. Supervisors C • 0 • [i LJ