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December 05, 1979 to December 19, 1979265 An Adjourned Meeting of the Frederick County Board of Supervisors was held on December 5, 1979, at 6:30 P.M. in the Board of Supervisors' Meeting ' Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice -Cha man; Dr. Raymond L. Fish; Will L. Owings, R. Thomas Malcolm; and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. BOARD RETIRES INTO EXECUTIVE SESSION n U Upon motion made by Will L. Owings, seconded by Dr. Raymond L. Fish, and passed unanimously, the Board retired into Executive Session in accord- ance with Section 2.1 -344, Subsection (a)(1) of the Code of Virginia, 1950, as amended, to discuss personnel. The Chairman invited supervisors elect, Mrs. Rhoda Maddox and Mr. William Baker to attend the Executive Session and they accepted said invitation. • BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings, and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, THE BOARD ADJOURNED TO DECEMBER 6, 1979, AT 7:00 P.M. r � U 7$ -,, Y" Secretary, Boa i n of Supervisors An Adjourned Meeting of the Frederick County Board of Supervisors was held on the 6th day of December, 1979, in the Board of Supervisors' Meeting Room, '9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; �J Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. JOINT MEETING WITH THE FREDERICK COUNTY PLANNING COMMISSION Mr. Koontz introduced the members of the Planning Commission and asked Mr. Gordon to make the presentation of the current project being conducted by the Planning Commission. Mr. Gordon stated that the Commission has been working on downzoning in the County and the areas being considered were shown on the maps displayed in the Board Room Planning and Development Director. Mr. Gordon then introduced Mr. John Riley, Mr. Riley stated that according to State enabling legislation the broadest range of discretion of local governing bodies is when property is being rezoned 266 and that this is important in that the review of subdivisions and site plans comes under a considerable amount of scrutiny. He added that the Comprehensive Plan is written for up to the year 1990 and we should try to make our decisions along those lines. He explained that the criteria the Planning Commission had followed in this project was: (1) Does it conform to the Comprehensive Plan; (2) The availability of water and sewer to develop now; (3) Are there suitable soil con- ditions for septic tank approval; (4) Is there a good, existing highway net work; and (5) Has there been any activity on the property during the past five years. Mr. Riley stated that regarding land use taxation, as it now stands, no matter how a piece of property is zoned, if it is in land use this is how it is assessed and not at the fair market value. He then reviewed the maps and pointed out the areas which the Planning Commission felt should be downzoned according to the above criteria. Mr. Riley stated that a lot of property now zoned industrial for quarries is proposed to be downzoned b6 agricultural inasmuch as this would be permitted in that zone and when the quarry operation is completed it could be handled more easily if the property were zoned agricultural rather than industria Mr. W. H. Jones, Engineer- Director of the Frederick County Sanitation Authority, appeared before the Board and pointed out where water and sewer service are now available and where they are planned for the future. He stated that if .. developers are willing to pay for extending the lines to their property, the Sanitation Authority will provide the service such as in the Gilpin Industrial Park. He added that this line will be able to serve the park which is approxi- mately 500 acres, plus service can be provided to an additional 1,000 acres. The R -6 area in Sunnyside was discussed at length. Mr. Riley stated that this area had been set aside for R -6 development in the housing assistance plan for the HUD grant. The topography of the property was discussed and Mr. Riley stated that this would present a severe constraint on the development of the property and would dictate the density. He added that it is located near a heavy industrial zoning. Mr. Rosenberger stated that the Planning Commission was pretty firm on 10 acre limit for R -6 development. Mr. Stiles suggested that a determination be made as to whether or not ing this would affect our HUD grant. Mr. Malcolm asked if the R -6 zoning off Valley Mill Road had been modified and Mr. Riley replied that it had not. Mr. Stiles asked if there were any properties zoned residential with dwelli on them which were being downzoned to agricultural and if so could a citizen re- build his home if it was destroyed by fire, etc. Mr. Riley stated that this was being done with some properties, i.e. Russell's Paradise and that the property owner could rebuild should his house be destroyed inasmuch as it is a planned subdivision and is on record. Mr. Gordon stated that the Planning Commission felt the area off Senseny Road where the Country Store and the bank are located would be best as a noncon- forming use and Mr. Malcolm stated he could see no problem with this. Mr. Stiles asked if A -1 and A -2 would be left as they are and Mr. Gordon stated that the Planning Commission is still studying this matter. • • U u 267 The Board recessed for 15 minutes. Mr. Rosenberger asked if these recommendations are accepted by the Board ' what effect it would have on updating the Comprehensive Blan and Mr. Riley re- plied that the areas the Planning Commission has designated for growth on the maps brings the zoning more closely into conformance with the Comprehensive Plan. He stated that he felt the Comprehensive Plan was in pretty good shape especially the Land Use Plan. He suggested that it might be better to wait until 1980 -1981 when the new census figures are available to update the plan. Mr. Riley stated that if the Board is comfortable with this proposed con- cept he would like to take it out into the communities for public input and perhaps have the maps ready in January with the idea of holding the public hearing in February. Mr. Stiles stated that he was comfortable with everything presented so far but would like the opportunity to go over the maps of Stonewall District to familiarize himself with the proposed changes before it is presented in the if at all possible. Mr. Lehman stated that he felt any property which was under land use tax- ation should be put in an agricultural zone; otherwise, they should not be able to be under this program. Dr. Fish agreed that any land zoned other than agricultural should not be community. land use. • Mr. Koontz stated that he was comfortable with everything with the excep- tion of the R -6 area in Sunnyside. He stated that he felt the Planning Commiss they c continue working along these l lines. H He requested that each Board member should proceed on this project and each Board member should be present when to p plan is presented in his community. Mr. Gordon suggested that all Board members be present at these meetings if at all possible. Mr. Lehman stated that he felt any property which was under land use tax- ation should be put in an agricultural zone; otherwise, they should not be able to be under this program. Dr. Fish agreed that any land zoned other than agricultural should not be ' land use and Mr. Ambrogi stated that he did not think so inasmuch as this would not be equitable. Mr. Stiles requested the Commonwealth Attorney to seek an!opinion, from the Attorney General on this matter. Dr. Fish stated that he felt it was in the public interest to bring the zoning into conformance with the use of the land. • Mr. Stiles stated that there is one large parcel of land he knows of which is zoned industrial with only one access. He asked if this had been considered and Mr. Riley stated that this had been over - looked and should be brought into permitted under land use. • Mr. Riley asked if a person specifically requests to keep his industrial classification when the rezoning is done will he still be able to qualify for ' land use and Mr. Ambrogi stated that he did not think so inasmuch as this would not be equitable. Mr. Stiles requested the Commonwealth Attorney to seek an!opinion, from the Attorney General on this matter. Dr. Fish stated that he felt it was in the public interest to bring the zoning into conformance with the use of the land. • Mr. Stiles stated that there is one large parcel of land he knows of which is zoned industrial with only one access. He asked if this had been considered and Mr. Riley stated that this had been over - looked and should be brought into participate in the comm unity meetings when they are held in their respective district. He added that the Board further desires that the problem of land use taxation in industrial areas be addressed so that if possible, land will be line. The Chairman stated that it a appeared t that the Board approved of the direc- tion t the Planning Commission was t taking 6n t the project and would request that they c continue working along these l lines. H He requested that each Board member become familiar with the changes p proposed i in their district in order to be able to p unity meetings when they are held in their respective district. He added that the Board further desires that the problem of land use taxation in industrial areas be addressed so that if possible, land will be r 0 .� i assessed according to its zoning. Mr. Riley stated that he wanted to convey a sincere thank you to Mr. Sam Lehman and Mr. Roy Jennings for their help on this project. Mr. Koontz thanked the Planning Commission for their work on the project and their input at the meeting. REGIONAL SEWAGE TREATMENT PLANT ALTERNATE SITE DISCUSSED Mr. Koontz stated that the Board of Supervisors had approved the regional sewage treatment plant based upon its being located on Alternate Site #1. Mr. W. H. Jones stated that the updated facilities plan will be submitted to the State Water Control Board on or before February 1, 1980. He added that the Frederick - Winchester Service Authority had considered the request of the County that Alternate Site #1 be used and had been advised by the engineers that a re- evaluation of the sites would cost approximately $16,200, of which 75% would be grant fundable as a cost overrun. Mr. Jones stated that the City had no prob- lem with moving the plant but felt that the first site would be more cost effect- ive. He added that the Frederick - Winchester Service Authority would be happy to make the study of the alternative site provided the County would agree to pay the 258 local funding. Mr. Jones advised that should Alternate Site #1 prove feas- ible, these funds would be reimbursable but if it is not found to be feasible and the first site is used, the funds would not be reimbursable. He noted that the engineers had stated that additional operational costs on the new site could run as high as $10,000 per year and that the additional cost to locate the plant on the alternate site might result in a surcharge to County customers. There was a lengthy discussion regarding the site selection and Mr. Stiles stated that he felt since the plant would be located in the County, the County should have the right to say where it will be located. Mr. Jones advised that he had talked with the property owner of the originall site to learn the history of the farm and had discovered that when the site was selected in 1976, the operation of the farm consisted of only a few steers and in 1977, the farm was developed into a dairy operation. He stated that the property owner had advised that they would be willing to sell the property should the Authority decide to locate the plant on that site. The service area of the plant was discussed and Mr. Jones described the area! of the County which would be served by the plant stating that it would not be a limited area and had been planned to be the most cost effective method to serve the largest number of citizens. Dr. Fish stated that he felt all this discussion comes back to the regional concept which the County people really do not need nor want; that it will not help any great number of people and there are not sufficient funds to pay for it. Mr. Koontz stated that he objected to the original site because of the dis- placement of a family and the visability of the plant from Route 7 as well as the undesirable effect of a sewage treatment plant in this area. Mr. Jones advised that the system designed for the plant would not be un- pleasant and the original site would not be as visable as the alternate one in- asmuch as screening could be much more easily provided on the original site. Mr. Malcolm stated that the discussion involves an additional study and additional costs to locate the plant on the alternate site, plus additional costs • • • i • 269; J for operation and maintenance. He added that at this point noone has presented a viable alternative to address these facts. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein deny the proposal that the County bear the local cost of the study of an alternate site for the regional sewage treatment plant. The above resolution was passed by the following recorded vote: Aye - • • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Following a brief discussion regarding the costs involved should the pro- ject be delayed, Mr. Rosenberger moved to amend the above resolution to read that the County would participate in one -half of the local funding costs for the study of the alternate site in the amount of $2,025 assuming that the City will pay the remaining one -half and the remainder of the costs will be grant eligible by the State Water Control Board. This amendment was defeated by the following recorded vote: Aye - S. Roger Koontz, Kenneth Y. Stiles, and Thomas B. Rosenberger. Nay - Will L. Owings, R. Thomas Malcolm, and Dr. Raymond L. Fish. The Board recessed for ten minutes. CAPITAL FACILITIES PROPOSAL TABLED Mr. Malcolm presented the following resolution regarding joint capital facilities and stated that after a meeting with members of the Joint Capital Facilities Committee, he felt the City would be willing to accept said resolu- tion: BE IT RESOLVED, That the Frederick County Board of Supervisors and the • Winchester City Council do hereby agree to construct a joint,capital facility consisting of courts (Circuit, General District, Juvenile & Domestic Relations) and related services (Clerk's Office, Sheriff's Department and Commonwealth's Attorney's Office), in the City of Winchester on the McCormac -Kurtz tracts; and BE IT FURTHER RESOLVED, That this agreement is based upon certain condi- tions regarding joint commitments as follows: 1. The City will not annex any portion of Frederick County for twenty (20) years from the date of this resolution. 2. The Court and related services facility will be constructed on the McCormac -Kurtz tracts at a mutually agreeable location. 3. The planning and design of the Courts facility and the parking r� U begin simultaneously to insure that off street parking would be available the courts facility is under construction. 4. The County and City will share the cost of the Courts facility on a 50%-50% basis. 5. The County and City will share the maintenance cost of the Courts facility on a 50%-50% basis. 6. The City will pay off the portion of the parking authority contract ' necessary to provide for use by County and City for Courts and related service facility on the McCormac parcel and will deed to the County, at no cost, a one -half undivided interest in the land necessary to construct the court com- 270 plex, wherever the site is selected on the McCormac parcel. The City will also provide an option to the County for the necessary land to construct an admini- stration complex at no cost to the County. This will include any location mutually agreed on for both the McCormac and Kurtz parcels. 7. The County will deed to the City, at no cost the land required from the County parcel behind the Citgo lot, to build a parking structure. 8. The County will also consider the use of the Citgo parcel on the basis) of mutually agreed upon plans for the parking structure. 9. The City will lease the above referenced parcels to the Winchester Parking Authority. 10. The City will utilize the Kent Street parcel for the parking structurel and will pay off the existing WPA contract on the lot;as.required:.. 11. The City, through WPA, will finance, construct, own and operate the parking structure on the above parcels. 12. Space allocations of the courts facility are subject to review by the appropriate officials when detailed planning has begun. BE IT FURTHER RESOLVED, That the above resolution shall supersede all • other resolutions or agreements regarding this joint capital facility project and is agreeable to and binding upon both governing bodies upon their signature attached this day of 19 Several Board members expressed concern in that the City and County seemed to be at odds regarding the location of the regional plant and certain stipula -I tions set forth in a prior agreement between the two jurisdictions, and are now considering entering into a joint agreement regarding capital facilities. The Board felt that if the jurisdictions could not work cooperatively on one pro- ject, i.e., the regional sewage system, perhaps they could not work cooperati on the capital facilities plan. Dr. Fish then moved to table the proposed resolution until the next meet in order to clarify the situation regarding the regional authority. This moti was seconded by Thomas B. Rosenberger and passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. COUNTY OFFICES TO BE CLOSED�ON NEW YEAR'S EVE Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein declare December 31, 1979, New Year's Eve, a holiday for all County employees and all offices will be closed that day. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. OTHER BUSINESS Legislative Meeting in Staunton Announced The Chairman announced that the joint VML and VACO Legislative Meeting which is held annually, has been scheduled for December 12, 1979 in Staunton. • • • 271 He requested all Board members planning to attend said meeting to contact the County Administrator's Office so that arrangements might be completed. December 19, 1979, Board Meeting Set For 8:00 P.M. The Chairman announced that the Board Meeting scheduled for December 19,1 1979 would begin at 8:00 P.M. rather than the regular time of 7:00 P.M. in order to permit the Board Members to attend a banquet in honor of Douglas Rinker, the recently elected National President of the Future Farmers of America. ASSESSORS TO CARRY I.D. CARDS Mr. Malcolm requested that the press publicize for the benefit of the • general public that the official County Assessors will be carrying I.D. cards identifying them as such and should any citizen for any reason doubt the authenticity of a person claiming to be an assessor he should request the presentation of an I.D. card. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, THE MEETING WAS l_J • ADJOURNED TO DECEMBER 19, 1979, AT 8:00 P.M. ec tary4Boa f Supervisors An Adjourned Meeting of the Frederick County Board of Supervisors was held on December 19, 1979, in the Board of Supervisors' Meeting Room, 9 Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice-Chair- 0 man; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. INVOCATION The invocation was delivered by Reverend J. William Hough of the Street United Methodist Church. CALL TO ORDER The Chairman called the meeting to order stating that the meeting had • been called for 8:00 P.M. in order that the Board might attend a banquet in honor of Douglas Rinker, a recently elected National President of the Future Farmers of America. PROVAL OF MINUTES Mr. Stiles stated that on Page 25 of the minutes of November 14, 1979, the word "not" in the first line of the second:panagraphishooT.d .read. "tio "•. The Board concurred with this correction. Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederi Virginia, does herein approve the minutes of the meeting of November 14, 197 as amended and the minutes of the meetings of November 28, 1979, December 3, 1979 and December 5, 1979 as submitted. The above resolution was passed by the following recorded vote: Aye - 272 S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. PUBLIC HEARING CONDITIONAL USE PERMIT $023 -79 - CURTIS R. HANSEN - OPEQUON MAGISTERIAL DISTRICT - APPROVED Mr. John Riley presented the conditional use permit request of Curtis R. Hansen and read the reviewing agencies comments. He stated that the Plann- ing Commission recommended approval of the request with certain conditions. Mr. Riley stated that Mr. Hansen was not able to be at the meeting, but had sent the following letter to be made a part of the minutes: Dec. 6, 1979 Board of Supervisors Frederick County, Va. Dear Frederick County Board Members: I will be unable to attend the December 19 board meeting due to circumstances beyond my control. However I wish that this letter be read aloud at that meeting. I'm aware of the contingencies attached to the conditional use permit for light automotive repair. I have no objections to the contingencies and further wish that the board will approve this permit. Thank you! Sincerely, /s/ Curtis R. Hansen Curtis R. Hansen Mr. Riley stated that in the Planning Commission recommendation, the hours set forth speak specifically to the public inasmuch as Mr. Hansen felt he should be able to work on his own property after hours inside the building and the Planning Commission agreed. Mr. Riley then presented the following letter from Mr. Bernard L. Cloud regarding this conditional use permit request: November 2, 1979 Bernard L. Cloud 2658 Jeb Drive Winchester, Virginia 22601 1 Mr. John R. Riley, Planning Director Frederick County Department of Planning & Development P. 0. Box 601 9 Court Square Winchester, Virginia 22601 Re: Application of Curtis R. Hansen Conditional Use Permit for a two -bay garage Dear Mr. Riley: Due to the fact that I will be out of town on November 7, 1979, and will not be able to attend the Frederick County Planning Commission's Meeting with reference to the above cap- tioned, I am submitting this letter which states my views on the possible change of restriction at this location. I wish for this letter to be read aloud so that my views can be made C1 i • is 11 Cl 273 public on the issue. As a property owner in the vicinity of the above captioned applicant, --I feel that the rest riction ..previously -placed,_on• this property "that all vehicle and.parts storage.should.be- ONLY should'iremain, in order to protect the surrounding neighborhood. 'Withoilt'this 'restriction, too many such.oper.ations soon get a "Junk Yard" look on the:exterior. Sincerely, s Bernard L. Cloud Bernard L. Cloud Plantation Garden Apartments • Middletown, Virginia There was no opposition. Dr. Fish stated that the matter of indefinite approval with administra- tive review appears to be a departure from the previous procedure. He asked if this would represent a change of policy of the Board. Mr. Stiles requested the Planning Commission to make a recommendation the Board regarding a standard procedure on dealing with conditional use • permits of this nature so that the Board could establish a firm policy on this matter. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederi Virginia, does herein approve the following conditional use permit request third and final reading: CONDITIONAL USE PERMIT NO. 023 -79 OF CURTIS R. HANSEN, 687 N. LOUDOUN STREET, WINCHESTER, VIRGINIA, 1 ACRE ZONED AGRICULTURAL - GENERAL (A -2) REQUESTING A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR GARAGE. THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 84(A)82 IN OPEQUON MAGISTERIAL DISTRICT. BE IT FURTHER RESOLVED, That this conditional use permit shall be sub- The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. PRESENTATION BY HENRY W. WHITING, ESQUIRE - RE: ALLEN PROPERTIES • ject to the following conditions: appeared before the Board 1. The permit shall run until change in use or occupancy ' 2. 3. There shall be no outside storage or The hours open to the public will be repair 8 A.M. to 8 P.M., has the right Monday through Friday and 8 A.M. to 5 P.M. on Saturday 4. This permit shall run indefinitely with annual adminis- using the trative review. that Mr. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. PRESENTATION BY HENRY W. WHITING, ESQUIRE - RE: ALLEN PROPERTIES • Mr. Henry W. Whiting, Attorney, appeared before the Board representing constructed as opposed to the one the Board indicated on Mr. Thomas Scully and stated that he had prepared and given to the Common- wealth's Attorney a draft of an agreement regarding the entrance Mr. Scully has constructed off Route 277. He added that Mr. Scully has applied for an occupancy permit which the Board denied because of the location of the en- trance he constructed as opposed to the one the Board indicated on his site plan. Mr. Whiting stated that there is a question as to whether or not he has the right to use the entrance and they are proposing that without pre- judice to the Board's position, the Board permit Mr. Scully to open his stor using the entrance he has already constructed. Mr. Whiting stated that Mr. Scully would proceed to build the entrance as set forth on the site plan and i this would be completed in May; that he would post bond to insure that this 274 project is completed. He noted that if the Court rules that Mr. Scully cannot use the entrance he has constructed, he will then use the entrance the Board set forth. He added that the purpose of the proposed agreement is to allow Mr. Scully to open the store which is planned within the next two weeks; that this action is proposed so that no one's rights are prejudiced. Mr. Whiting stated that he had drawn the agreement so that neither party is prejudiced but Mr. Scully might proceed and the matter can be litigated in a proper fashion. Mr. Malcolm recommended that inasmuch as the Board has not had time to study this proposal or discuss it with Mr. Ambrogi, that it be delayed until the Board can go into Executive Session before making a decision. Mr. Stiles asked if the agreement would stipulate that if the Board has a right to enforce the site plan, Mr. Scully will close the original entrance and Mr. Whiting replied that it did. Mr. Koontz stated that the Board did not go into this matter primarily to see if they could do it; that the Board wanted the entrance located as set forth on the site plan primarily for safety reasons and it would not be any safer if the Court rules that Mr. Scully can use the entrance he has construc There was a brief discussion regarding the proposed lessee of the and Mr. Scully stated that he did not know whether or not the store would leas the property if the entrance was not located in front of the building. Mr. Stiles asked Mr. Scully if he had talked with the lessee regarding this matter and Mr. Scully stated that they are aware of the problem. Upon motion made by R. Thomas Malcolm, seconded by Dr. Raymond L. Fish and passed unanimously, the matter was tabled for discussion in Executive Session regarding the legal questions involved therein. ANNUAL FREE WOODSTOVE INSPECTIONS - APPROVED Mr. Carroll Brown, Inspections Director, outlined the program for free woodstove inspections as it would be performed by his department for one week during January. Mr. Brown advised that this program had been quite successful last year and in light of the increase in flue fires during the past few weeks, he felt it would be most beneficial to the citizenry. He suggested that the Board designate the first week in January as Fire Safety Week in Frederick County. There followed a brief discussion as to whether or not it might be better to perform this service in the early fall inasmuch as this is the time most installations of woodstoves occur and Mr. Brown stated that he felt this would be ideal and he would space it out among his regular work. He added that this would be considered next year when the program is planned. The Board agreed to extend the time frame for this program from one week to two weeks. Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein designate the first two weeks in January, 1980 as "Fire Safety Week in Frederick County" during which time free woodstove inspections will be scheduled to be conducted by the Department of Inspections to insure safe, reliable installation of said devices. • • r1 l_ J • 275 • • J • The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. 21F.IVOURS - WINDY HILL S - SHAWNEE MAGISTERIAL Mr. John Riley presented the resubdivision request of Windy Hill Sub- division and stated that the Planning Commission recommended approval of same. There was no opposition. Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, BE.IT RESOLVED, That the Board of Supervisors of the County of Frederic Virginia does herein approve the request of Windy Hill Subdivision located east of I -81 North and west of Route 522 South in the Shawnee Magisterial District for the redivision of a 3.9 acre tract in said subdivision to make it a part of the Garber Ice Cream Lot zoned B -2. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. LOT REALIGNMENT - COLLEGE PARK'SUBDIVISION, SECTION 3 - SHAWNEE Mr. Riley presented a request for lot realignment to add 4,551 square feet to Lot 34 in College Park Subdivision, Section 3. There was no opposition. Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stil BE IT RESOLVED, That the Board of Supervisors of the County of Freder Virginia does herein approve the lot realignment request to add 4,551 squar feet to Lot 34 in College Park Subdivision, Section 3 in Shawnee Magisteria District zoned R -2. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings R. Thomas Malcolm, and Kenneth Y. Stiles. HANDLEY LIBRARY - ACCEPTANCE OF GRANT FUNDING - APPROVED Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcol BE IT RESOLVED, That the Board,of Supervisors of the County of Frederi Virginia does herein approve the acceptance of federal grant funding in the amount of $37,800 to be expended by the Handley Library extend services to Frederick County under the regulations of the State Library Board, said approval to be retroactive to November 30, 1979. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings R. Thomas Malcolm, and Kenneth Y. Stiles. ST FOR SECONDARY ROAD TERIAL DISTRICT - APP - FUNKHOUSER ADDITION - SHAWNEE Mr. Pangle presented the request for secondary road addition in the Funkhouser Addition stating that all necessary documents and procedures had been completed for this request. Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, ., 276 WHEREAS, The abutting property owners on First Street and Royal Avenue, roads lying south of Shawnee Drive which is State Route 778 in Shawnee Magisterial District, have requested the addition of these streets into the Secondary Highway System; and, WHEREAS, The Frederick County Road Viewers have reviewed these roads and recommend them for addition to the Secondary Highway System; NOW THEREFORE BE IT RESOLVED, That the Board of Supervisors hereby approves the Road Viewers recommendation and requests that First Street and Royal Avenue, with a 50 foot unrestricted right -of - way, which runs from Route 778 to Route 522, a total distance of .12 miles, serving six (6) dwellings, and can be improved to a maintainable condition at an approximate cost of $5,000 be added to the Secondary System of State Highways pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended. The right -of -way is recorded in Deed Book 183, Page 48. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. JAMES DIEHL ADDRESSES BOARD RE: REGIONAL SEWAGE TREATMENT PLANT Mr. James Diehl appeared before the Board and stated that he wanted to address the Board not as a member of the Sanitation Authority but as a citize of the County. He advised that he felt if the City meets with the State Watex Control Board to discuss their options regarding the regional sewage treatmenj plant, the County should request a meeting with the State Water Control Board to obtain the same information. Mr. Diehl stated that he was concerned about the food processors applying their water to the orchards because perhaps in the future this may contaminate the water table and wells of the County people He advised that there is no determination of the amount of run -off from the processors going into the County streams and he felt the Regional Authority should require the food processors to participate in the regional plant. He stated that he also felt the County should make it clear to the City that they will not be permitted to go regional in the County. Mr. Diehl stated that he agreed with the action the Board had taken re- garding the delay of the capital facilities project inasmuch as he felt the City should work cooperatively on both projects with the County. He suggest that if the City will not agree to work with the County on the regional pro- ject, the County should proceed on its own to build court facilities. Mr. Koontz stated that he had talked in detail with the State Water Control Board and that Frederick County's options have been examined should the City decide not to participate in the regional project. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344, Subsection (a)(1), and (a)(6) to discuss personnel and legal matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION F - - I LJ r1 LJ • Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish, 277 • K J • • and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish and passed unanimously, the Board reconvened into Regular Session. REQUEST OF THOMAS SCULLY - PROPOSAL RE: ENTRANCE OFF ROUTE 277 - DENIED Mr. Koontz announced that after consideration discussion, it is the opinion of the Board of Supervisors that they need to stick with the origins site plan and the decision that it should be followed as approved and therel fore they would refuse the agreement offered by Mr. Whiting on behalf of Mr. Scully. FINANCE COMMITTEE RECOMMENDATIONS Mr. Rosenberger presented the recommendations of the Finance Committee and the following action was taken: SALARY - INVESTIGATIVE OFFICER IN SHERIFF'S DEPARTMENT SET AT 14E RANGE Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederic Virginia does herein grant approval to the Sheriff to hire the position of Investigative Officer at the 14E pay range in the Frederick County Personnel Management Plan, said salary to be $11,849. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. RECOMMENDATION TO REBID PETROLEUM PRODUCTS - APPROVED Mr. Rosenberger stated that the auditors recommended that the County bid out petroleum products each year in conjunction with the school system in order to obtain the best possible price. He advised that the Finance Committee recommended approval of this suggestion. Mr. Malcolm suggested that the allotment volume of the distributors be considered when this is done to insure sufficient supply of petroleum products. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the recommendation of the Finance Committee to bid out petroleum products annually in conjunction with the school system as recommended by the auditors The above resolution was passed by the following recorded vote: Aye -1 S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L..Fish, Will L. Owings; R. Thomas Malcolm, and Kenneth Y. Stiles. PARKS AND RECREATION DEPARTMENT COMMENDED FOR INVESTIGATION OF PROPOSED CLEARBROOK P OOL PROJECT Mr. Rosenberger stated that the Finance Committee wanted to commend the Parks and Recreation Department for their investigation of the proposedl Clearbrook pool project. He stated that the Committee felt this was a gre area of concern for the Board, the Parks and Recreation Department and the 278 citizens of Frederick County and that this matter be given priority consi ation by the incoming Finance Committee and Board so as to give the Parks and Recreation Department a direction in which to proceed inasmuch as 508 funding is available through COR for this project. Mr. Stiles stated that he felt this project should be studied quite carefully inasmuch as the cost appeared to be getting completely out of hand. SHERIFF'S SALARY SET AT $19,276 - APPROVED Mr. Rosenberger stated that it was recommended that the salary of the Sheriff be set at $19,276. Mr. Stiles stated that he felt this was completely out of line and he wanted to make it clear that his feelings had no reflection on the gentleman assuming the office, whom he respects and hopes will fill the position pro- fessionally. He stated that this had not been done for anyone else working for the County and he felt there had been some games played in arriving at this proposal. He added that he felt to bring a person in starting at the same salary as a person who has worked in the job for four years is out of line and inexcusable. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederi Virginia, does herein approve a salary of $19, 276 for the incoming Sheriff said salary to become effective January 1, 1980. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. JAMES M. WHITE EMPLOYED AS NEW COUNTY ADMINISTRATOR Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owi BE IT RESOLVED, That the Board of Supervisors of the County of Virginia, does herein approve the employment of James M. White as the new County Administrator for Frederick County at a salary of $27,000 and moving expenses of $500, said date of employment to begin on 18, 1980. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles. RESOLUTION OF APPRECIATION TO MR. HUGH DAILEY - APPROVED RESOLUTION OF APPRECIATION TO HUGH F. DAILEY WHEREAS, THE FREDERICK COUNTY BOARD OF SUPERVISORS OPERATES UNDER A COMMITTEE SYSTEM, COMPOSED OF TWO BOARD MEMBERS AND ONE CITIZEN MEMBER, IN ORDER TO PROVIDE A MORE COMPLETE STUDY OF MATTERS COMING BEFORE THE BOARD FOR CONSIDERATION; AND, WHEREAS, THE BOARD OF SUPERVISORS BELIEVES THAT THIS SYSTEM i v PROVIDES FOR BETTER AND RE`EF.FICIENT.DECISION MAKING 'ON ISSUES WHICH AFFECT ALL THE CITIrdENS OF FREDERICK COUNTY; AND, • 1 • F , I L • 279 L 11 • 11 WHEREAS, MR. HUGH DAILEY HAS SERVED AS THE CITIZEN MEMBER ON THE BOARD FINANCE COMMITTEE FOR THE PAST FOUR YEARS; NOW THEREFORE BE IT RESOLVED, THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA, DOES HEREIN EXPRESS SINCERE AND DEEP APPRECIATION TO MR. DAILEY FOR HIS DEDICATED AND EFFECTIVE SERVICE ON SAID COMMITTEE AND FOR THE MANY HOURS HE HAS GIVEN TO THE CITIZENS OF THE COUNTY IN THIS CAPACITY. GIVEN UNDER MY HAND THIS 19TH DAY OF DECEMBER, 1979. /s/ Roger Koontz S. ROGER KOONTZ CHAIRMAN FREDERICK COUNTY BOARD OF SUPERVISORS RESOLUTION OF APPRECIATION TO MR. CHARLES McILWEE - APPROVED RESOLUTION OF APPRECIATION TO CHARLES R. McILWEE WHEREAS, THE FREDERICK COUNTY BOARD OF SUPERVISORS OPERATES UNDER A COMMITTEE SYSTEM, COMPOSED OF TWO BOARD MEMBERS AND ONE CITIZEN MEMBER, IN ORDER TO PROVIDE A MORE COMPLETE STUDY OF MATTERS COMING BEFORE THE BOARD FOR CONSIDERATION; AND, WHEREAS, THE BOARD OF SUPERVISORS BELIEVES THAT THIS SYSTEM PROVIDES FOR BETTER AND MORE EFFICIENT DECISION MAKING ON ISSUES WHICH AFFECT ALL THE CITIZENS OF FREDERICK COUNTY; AND, WHEREAS, MR. CHARLES McILWEE HAS SERVED AS THE CITIZEN MEMBER ON THE BOARD LAW ENFORCEMENT AND COURTS COMMITTEE FOR THE PAST FOUR YEARS; NOW THEREFORE BE IT RESOLVED, THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA, DOES HEREIN EXPRESS SINCERE AND'.DEEP APPRECIATION TO MR. McILWEE FOR HIS DEDICATED AND EFFECTIVE SERVICE ON SAID COMMITTEE AND FOR THE MANY HOURS HE HAS GIVEN TO THE CITIZENS OF THE COUNTY IN THIS CAPACITY. GIVEN UNDER MY HAND THIS 19TH DAY OF DECEMBER 1979 /s/ S.. Roger Koontz S. ROGER KOONTZ CHAIRMAN FREDERICK COUNTY 80ARD OF SUPERVISORS RESOLUTION OF APPRECIATION TO MR. ROBERT PRETTYMAN - APPROVED RESOLUION OF APPRECIATION TO ROBERT E. PRETTYMAN WHEREAS, THE FREDERICK COUNTY BOARD OF SUPERVISORS OPERATES UNDER A COMMITTEE SYSTEM, COMPOSED OF TWO BOARD MEMBERS AND ONE CITIZEN MEMBER, IN ORDER TO PROVIDE A MORE COMPLETE STUDY OF MATTERS COMING BEFORE THE BOARD FOR CONSIDERATION; AND, Zoo WHEREAS, THE BOARD OF SUPERVISORS BELIEVES THAT THIS SYSTEM PROVIDES FOR BETTER AND MORE EFFICIENT DECISION MAKING ON ISSUES WHICH AFFECT ALL THE CITIZENS OF FREDERICK COUNTY; AND, WHEREAS, MR. ROBERT E. PRETTYMAN HAS SERVED AS THE CITIZEN MEMBER ON THE BOARD ENGINEERING AND CODE ENFORCEMENT COMMITTEE FOR THE PAST FOUR YEARS; NOW THEREFORE BE IT RESOLVED, THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA, DOES HEREIN EXPRESS SINCERE AND DEEP APPRECIATION TO MR. PRETTYMAN FOR HIS DEDICATED AND EFFECTIVE SERVICE ON SAID COMMITTEE AND FOR THE MANY HOURS HE HAS GIVEN TO THE CITIZENS OF THE COUNTY IN THIS CAPACITY. GIVEN UNDER MY HAND THIS 19TH DAY OF DECEMBER, 1979 /s/ S. Roger Koontz S. ROGER KOONTZ CHAIRMAN FREDERICK COUNTY BOARD OF SUPERVISORS Mr. .Malcolm stated that he would like to note that this resolution does not preclude Mr. Prettyman's reappointment to this Committee. OTHER BUSINESS Auditor to Assist with Transfer in Sheriff's Department The Chairman stated that the District Auditor Supervisor, Mr. Keith Ritter will assist with the audit and transfer of cash and materials when the incoming Sheriff takes office. Report Confederate Soldier Statue Mr. Koontz stated that due to grants received and contributions from local civic organizations, the cost for the renovation of the Confederate Soldier statue located in front of the Courthouse would be approximately $400.00. AWARD PLAQUES PRESENTED TO RETIRING BOARD MEMBERS B. ROSENBERGER AND DR. RAYMOND L. FISH The Chairman presented service award plaques to retiring Board members Mr. Thomas B. Rosenberger and Dr. Raymond L. Fish and thanked them for theirl service to Frederick County stating that their loss would be felt by the Board and the citizens of the County. Each of the Board members thanked Mr. Rosenberger and Dr. Fish for thei, service and expressed their appreciation for said service on behalf of their constituents. Both Dr. Fish and Mr. Rosenberger expressed their appreciation to the Board for the service awards and each expressed his opinions regarding service on the Board of Supervisors stating that they would be available to assist the County in the future should the new Board so desire. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW I . a 0 • • •