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March 24, 1977IN BE IT RESOLVED, That the Board of Supervisors of the County. of Frederick, Virginia does herein approve the plat revision of the H. L. Gruber Subdivision containing 2 lots located in Stonewall Magisterial District to increase the size of said lots from :5 acres to 1.5 acres. The above resolution• passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger;. Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Abstaining - Dennis T. Cole. SUBMISSION OF FINAL HUD APPLICATION - APPROVED W. Berg presented and explained the Housing Assistance Plan which will be a part of the final HUD application. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, WHEREAS, The preapplication for funding of sewerage facilities in Burning Knolls by the Department of Housing and Urban Development Community Development Block Grant Program has been approved; and, WHEREAS, Funds in the amount of $446,000 have been earmarked for the con- struction of the aforementioned facilities; and, WHEREAS, The need for central sewerage facilities in this area is very eminent; 4 N)W THEREFORE BE IT RESOLVED, That the Frederick County Board of.Supervisors does herein authorize the submission of the final application to the Department of Housing and Urban Development for funding of the Burning Knolls Interceptor through the Community.y Development Block Grant Program, and does herein authorize the County Administrator to execute said application on behalf of the County. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. 1£QUEST TO BE MADE FOR FmHA REPRESENTATIVE TO MEET WITH BOARD OF SUPERVISORS Mr. Rosenberger stated that he would like to have a representative from the Farmers Home Administration meet with the Board of Supervisors discuss who is responsible for the houses being built with which the buyer is having problems. Mr. Kenneth Stiles suggested that Congressman J. Kenneth Robinsonn:might be of help in this area as this problem has been discussed with him.on previous occasions. Mr. Koontz requested by County Administrator to contact the Farmers Home Administration office to arrange for a representative to meet with the Board at the next Regular Meeting on April 13, 1977 W ATER AND SEWER PERMIT - SHENANDOAH MOBILE COURT - APPROVED Mr. Renalds presented the request for water and sewer permit for Shenandoah Mobile Court stating that the Sanitation Authority had reviewed this request and recommended approval of the same. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the application of the Shenandoah Mobile Court for an NPDES Permit for upgrading the subject sewage stabilization pondLby:the addition of aeration, clarification and chlorination. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish';.,Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. • • L� S FINANCE COMMITTEE RECOMMENDATIONS - WITHHELD Mr. Rosenberger requested that the Finance Committee recommendations be 1 withheld until after the Board has held an executive session. The Board concurred with this request. APPOINTMENT CAPITAL FACILITIES COMMITTEE CONTINUED Mr. Koontz advised that he is still looking for an appointment for the citizen member of the Capital Facilities Committee. BUILDING.PERMIT REQUEST - DARVILLE SUBDIVISION - APPROVED Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Frederick County Board of Supervisors, pursuant • i • to the authority granted in Section 15.1 -504 of the Code of Virginia, 1950 as amended, and upon the recommendation of the.Planning Commission, does hereby amend the Frederick County zoning maps from B -2 to R -3 for Lot 2, Section 1', Block A, of the Darville Subdivision,.in the Stonewall Magisterial District. This amendment shall be in full force and effect upon adoption, and for a period of sixty (60) days. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. ' MUTUAL AID AGREEMENT - JOINT JAIL PROJECT - APPROVED Upon motion made by Will L. Owings and seconded by Dennis T. Cole, Contingent upon adoption of this resolution by each of the governing bodies of the Counties of Clarke, Frederick and Warren and the City of Winchester, and further contingent upon formal approval of DJCP Grant #76- A3977E; BE IT RESOLVED,' By the Frederick County Board of Supervisors that under • the provisions of Section 15.1- 159.7, Code of Virginia, 1950, as amended, and for the sole purpose of ensuring that the law enforcement officers of each par- ticipating jurisdiction have all authority necessary to carry out their duties in implementing cooperative jail operations in all participating jurisdictions, the Counties of Clarke, Frederick and Warren and the City of Winchester hereby enter into a mutual aid agreement, each granting to the duly constituted law enforcement officers of the others, the same authorities as they have within their respective jurisdictions. The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. BUDGET ADJUSTMENT - PARKS AND RECREATION•DEPARTMENT - ACCIDENT INSURANCE - APPROVED Upon motion made by Dennis T. Cole and seconded-by R. Thomas Malcolm, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that in order to provide liability coverage to participants in Frederick County Parks and Recreation Department programs, the following 1976 -77 budget adjustment is hereby authorized: INCREASE REVENUE ESTIMATE: General Revenue Fund 05 -7271 . INCREASE APPROPRIATIONS: General Operating Fund 18 -18F1 -211 Insurance Fees $250.00 Insurance Premiums - Liability $250.00 O .The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. BUDGET ADJUSTMENT— DEPARTMENT OF INSPECTIONS EXTRA HELP - APPROVED Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that the following appropriation transfer within the 1976 -77 General Operating Budget is hereby approved: TRANSFER TO: 10 -010B 7199 Extra Help $500.00 TRANSFER FROM: 10- 01OB -113A Compensation of Building Inspector $500.00 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, R. Thomas Malcolm, Will L. Owings, and Dennis T. Cole. Nay - Dr. Raymond L. Fish. I.R. JACK VERBLUD ADDRESSES' BOARD RE: ALLEDGED DELINQUENT BILL Mr. Jack Verblud appeared before the Board and stated that he had been trying unsuccessfully to collect from the Sheriff's Department approximately $65.00 for two pair of ladies slacks which the Sheriff's Department claims they have not received. Mr. Verblud stated that he had in fact shipped these slacks and was entitled to payment for the same. Mr. Koontz advised Mr. Verblud that the County could not pay for any item for which they had no receipt showing that the merchandise had been received. Mr. Koontz stated that the Commonwealth Attorney would be consulted in this matter and should he advise that payment of this bill is permissable, the County would issue a check for the same. REPORT - CONFERENCE RE: EDA FUNDING REQUIREMENTS Mr. Koontz reported that several changes in requirements for applications for EDA funding had been instituted since the previous application had been filed. .-He some of these changes and what possible effect they might have on Frederick County. BOARD RETIRES INTO EXECUTIVE SESSION Lpon motion made.by Thomas B. Rosenberger and seconded bu Dennis T. Cole and passed unanimously, the Board withdrew Executive Session in accordance with section 2.1- 344(a) to discuss personnel and the possible acquisition of real estate for public use. BOARD WITHDRAWS FROM EXECUTIVE-SESSION Upon motion made by Will L. Owings and seconded by Dennis T. Cole and passed unanimously the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Dennis T. Cole and seconded by Will L. Owings and passed unanimously, the-Board reconvened into Regular Session. OPTION AGREEMENT TO PURCHASE PARK PROPERTY IN GAINESBORO DISTRICT - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr.'Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following option agreement for the purchase of park property in the Gainesboro Magisterial District and does herein authorize the Chairman and the County Administrator to execute the same on behalf of the County. L • • I • 1 THIS AGREEMENT, made and dated this 7th day of April 1977, between LJ M. M. ADAMS, party of the first part, and THE FREDERICK COUNTY BOARD OF SUPVERISORS, of Frederick County, Virginia, party of the second part. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid the party of the first part by the party of the second part, the receipt of which is hereby acknowledged, as well as in consideration of the covenants and agreements hereafter contained, the party of the first part does hereby give and grant to the party of the second part, the exclusive right or first option to purchase at any time within One Hundred Twenty (120) days from the date hereof all that certain tract or parcel of land lying in the Gainesboro Magisterial District, now owned by Marcus Adams, South of State Route 679 and East of the Fence adjoining the right of way of the Winchester and Western Railroad. This Ninety (90) acre tract is a portion of a Two Hundred Thirty -one (231) Acre tract surveyed by Walker Bond in 1943 and of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 188, at Page 7. 'Reference is hereby made to the aforementioned survey for a further and more particular description of the property herein involved. If within the time period specified herein the party of the second part decides to exercise this option, the purchase price for the aforementioned property will be based on the negotiated fair market -value basis. And upon the execution of this agreement the party of the second part agrees to immediately conduct a feasible study of the aforementioned property and to further undertake to acquire an appraisal of the fair market value of said property. Should the party of the second part exercise its option to purchase the aforementioned property, that appraisal will be used in negotiating the purchase price of the property. Both parties agree that they will use good faith in negotiating the fair market value of said property. It being expressly understood that this option to purchase is contingent upon the aforesaid feasibility study determining that the subject property is suitable for parks and recreational purposes, the party of the first part and the party of the second part seeking a mutual agreement as to the purchase price of said property, and the Virginia Commission of Outdoor recreation, the Virginia Bureau of Outdoor Recreation and the Virginia Department of Highways approving sufficient funds to allow Frederick County to purchase said property at a fair market value and to improve the access road to said property. The party of the first part and the party of the second part agree that this r1 U option agreement will continue in full force and effect for those additional days needed to obtain the proper approval from the aforesaid governmental agencies. The party of the second part agrees to notify the party of the first part of any and all actions and decisions taken by Frederick-County or the aforesaid governmental agencies which affect the of said property WITNESS the following signatures and seales: 1 /s/ M. M. Adams (SEAL) M. M. ADAMS FREDERICK COUNTY BOARD OF SUPERVISORS BY: /s/ J. O. Renalds III J. O. RENALDS /Q_ STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit:! I, Nancy. D. Hulver, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that M. M. ADAMS whose name is signed to the foregoing Agreement dated the 7th day of April, 1977, has personally appeared before me and acknowledged the same in my jurisdiction aforesaid. Given under my hand this 7th day of April, 1977. My commission expires June 5, 19.7.9 /s/ Nancy D. Hulver NOTARY PUBLIC . STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: I, /s/ David G. Dickson, a Notary Public in and for the State and County aforesaid, do hereby certify that J. 0. RENALDS, County Administrator, for the County of Frederick a political subdivision of the Commonwealth of Virginia, whose name is signed to the foregoing Agreement, bearing the date the 7th day of April, 1977, personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 7th day of April, 1077 My Commission expires November 1, 1977 /s/ David G. Dickson NOTARY PUBLIC The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. REPORT - PROPOSED SHOPPING MALL Mr. Koontz stated that he had been in contact with Mr. Scott Bair who had advised that the site plan for the proposed shopping mall to be located off Interstate 81 in Frederick County would be submitted•very soon with con- struction to begin in the fall. DEPARTMENT - REQU' OPERTY - APPROVED on T Lpon motion made by Dennis T. Cole and seconded by R. Malcolm, BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia does herein approve the request of the Parks and Recreation Department to dispose of the old house located on the Stephens City Park Property. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. HJDGET TRANSFER - PARKS AND RECREATION DEPARTMENT - PROPERTY OPTION - APPROVED Lpon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that the County Administrator is hereby authorized to negotiate an option on a parcel of land containing 90 acres, more or less,.situated in Gainesboro Magisterial District; and, • • . . 13 ` BE IT FURTHER RESOLVED, That the purpose of said contemplated purchase • L • being to provide a park area for Back Creek and Gainesboro Districts, the County Administrator is hereby directed to make application to the Commission of Outdoor Recreation for matching funds; and, BE IT FURTHER RESOLVED, That in order to complete the preliminary work necessary for the submission of the grant application, the following appropriation transfer within the 1976 -77 General Operating fund budget is hereby authorized: TRANSFER FROM: 18- 018E -299B Reserve for Contingencies $3,500.00 TRANSFER TO: 18 -18F1 -299 Planning & Consultants Fees $3,500.00 The above.resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish,. Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. SIX retary Bd. of Supervisors A Special Meeting of the Frederick County Board of Supervisors was held on March 24, 1977 in the Board of Supervisors; Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; • Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Chairman called the meeting to order. 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 to be held on 24th March, 1977, at 8:00 P.M. in the Frederick County Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia for the following purposes: 1. Budget Discussions 2. Such other business as may come before the Board Signed and attested this 23rd-day of March, 1977. /s/ S. Roger Koontz S. Roger Koontz Chairman /s/ Thomas B. Rosenberger Thomas B. Rosenberger Vice Chairman Back Creek District /s/ Dr. Raymond L. Fish -Dr. Raymond L. Fish Gainesboro District /s/ Will L. Owings Will L..Owings Opequon District ATTEST: /s/ J. O. Renalds, III J. O. Renalds, III Clerk of the Board of Supervisors SIT PLAN - BRADY T. ELLIS, SR. - APPROVED Mr. Koontz read various correspondence from the Health Department and Mr. Ellis regarding a permissable sewage system for the site. There was a brief discussion regarding the proposed use of the property and the proposed number of-employees. Cpon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED,'That the Board of Supervisors of the County of Frederick, Virginia does herein approve Site Plan No. 038 of Brady T. Ellis, Sr. (Stephenson Industrial Park) to remodel existing buildings fbr warehousing and 15 units of offices with-storage space, said approval given for seven (7) employees only. 9he above resolution was passed by the following recorded vote: Aye - S. Roger Koontz; Thomas B. Rosenberger; Dr. Raymond L. Fish; Will L. Owings; and Dennis T. Cole; Nay - R. Thomas Malcolm. _ BUDGET DISCUSSIO The Board reviewed the budgets of the Parks and Recreation Department, the Commissioner of Revenue and the Chapter 10 Board. The Board then discussed salary increases for County employees. ' o W. Rosenberger moved to approve a salary increase for County employees for Fiscall 1977 -78 of 6.58. This motion was seconded by Dr. Fish and defeated by the following recorded vote: Aye - Thomas B. Rosenberger and Dr_ Raymond L. Fish. Nay - Will L. Owings; R.. Thomas Malcolm; S. Roger Koontz; and Dennis T. Cole. Mr. Cole then moved to approve a salary increase for County employees excluding school personnel for fiscal year 1977 -78 of 78. This motion was seconded by R. Thomas Malcolm and passed by the following recorded vote: Aye S. Roger Koontz; Will L. Owings; R. Thomas Malcolm;•Dennis'T. Cole';. and Dr. Raymond L. Fish. Nay - Thomas B. Rosenberger. The Board agreed to use a 40¢ increase on the real estate rate from $2.30 to $2.70 and a 3016' increase on the personal property rate from $3.70 to $4.00 to reduce the budget as presently proposed by an amount of approximately $382,351. 9he Board set the date of Monday, March 28, 1977 at 7:00 P.M. for another Special Meeting for further budget deliberations, said meeting to be held in the Board of Supervisors' Meeting Room. UPON'MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney r • L • • I • r s Se�retary Bd. o Supervisors