April 25, 1977•32
A Special Meeting of the Frederick County Board of Supervisors was held on
April 25, 1977, in the Board of Supervisors' Meeting Room, 9 Court Square,
Winchester, Virginia, at 4:00 P.M.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman;
Dr. Raymond L. Fish; R. Thomas Malcolm; and Dennis T. Cole.
ABSENT: Will L. Owings.
The Chairman called the meeting to order.
ACKNOWLEDGMENT OF SPECIAL MEETING NOTICE
The Chairman acknowledged the Notice of Special Meeting which had been duly
served upon the Board Members thereby calling this meeting.
EXTENSION OF THE LIFE OF THE FREDERICK COUNTY SANITATION AUTHORITY - APPROVED
Mr. Renalds explained the request for extension of the life of the Frederick
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County Sanitatioh Authority stating that-:the bond issue in which the Sanitation
Authority is participating is for a term of forty years; that the life of the
Sanitation Authority will expire before the term of the bond issue.
.. Mr. Rosenberger asked why the extension recommended was fifty years and
Mr. Renalds stated that this was the term recommended by the Sanitation Authority.
Mr. Cole stated that he felt the fifty year term would allow the Authority
more flexibility in their future projects.
Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm,
WHEREAS, The Frederick County Board of Supervisors adopted a resolution
creating the Frederick County Sanitation Authority on April 17, 1967, for a term
of fifty (50) years; and,
WHEREAS, The Authority has under construction the Redbud Run - Abrams
Creek Water and Sewere:facilities;:_,ind,
WHEREAS, The Authority will finance Phase I of these facilities through a
Farmers Home Administration loan which is to be closed on May 6, 1977; and,
WHEREAS, This loan has a termnof forty (40) years which extends beyond the
present life of the Authority;
THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisors,
that in accordance with Section 15.1- 1250(a), Code of Virginia, 1950 as amended,
the term of the Frederick County Sanitation Authority is hereby extended for a
period of fifty (50) years from the date of this resolution.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm,
and Dennis T. Cole.
( CONDITIONAL USE PERMIT NO. 003 -77 - FREDERICK COUNTY FAIR ASSOCIATION - APPROVED
Mr. Berg presented the request of the Frederick County Fair Association
for a conditional use permit to provide camping spaces for people connected with
various events to be provided at the Fairgrounds. He stated that the Planning
Commission had made no recommendation this application because the Fair Association
had not been represented at their meeting and also there had been no health
inspection made.
Mr. Cole asked if this permit was different than the one approved by the
last' and Mr. Berg stated that it was inasmuch as the permit approved
last year was for a one year period for three specific:: events whereas this one
could be for any number of events year round.
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Mr. Charles Leight, President of.the Frederick County Fair Association,
appeared before the Board and stated that the current application is for two addit-
ional events only, a spring and fall carnival. Mr. Berg answered that these two
events had been added but the wording on the application contained the word
"etc ".which'' -would allow more than the two above mentioned events. Mr. Leight
replied that they wanted only the two additional events and that according to
state regulations, they must provide accomodations for those people associated
with the carnivals.
There followed a short discussion regarding the length of time the permit
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was valid inasmuch as it was dated June 8, 1976 and Mr. Leight was under the
assumption that it was valid through June 8, 1977. Mr. Ambrogi advised that even
though the permit bears the date June,8, 1976 it was valid for one year from
the date of Board approval, that being April 14, 1976.
Mr. Cole asked Mr. Berg if the proposed application was not in fact essentially.
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what Mr. Ralph Poe had asked for and Mr. Berg stated that it was.
Mr. Bill Orndorff, Fair Association Grounds and Range Chairman, appeared
before the Board and stated that the water sample had been taken by the Health
Department and the results should be forthcoming at any time. He stated that they
did not want torrun a campground but only wanted to provide accomodations for
the people involved with the carnivals, etc. sponsored by the Fair Association.
Mr. Jim Kniceley appeared and stated that the Fair Association is a non
profit organization and only wants the permit so that they might accomodate
approximately 5 campers per event.
Mr. Rosenberger then moved to approve the application for five specific
events subject to approval by the Health Department, for one year from the date
of approval by the Board of Supervisors. This motion was seconded by Dennis
T. Cole.
Mr. Rosenberger then moved to amend his motion to add that the Fair
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Association must apply for reapproval of this permit not later than the first
meeting of the Board in April of each succeeding year, and that such application
will be made in a proper manner to the Board after having been acted upon by the
Planning Commission; that should these guidelines not be followed, the application
for permit will not be considered by the Board. Mr. Cole seconded this amendment
and it was approved unanimously.'
Therefore, upon motion made by Thomas B. Rosenberger and seconded by Dennis
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T. Cole, and amended by motion made by Thomas B. Rosenberger, and seconded
by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein approve Conditional Use Permit Number 003 -77 of the
Frederick County Fair Association to provide space for camping units for people
connected with the following events to be held on their property south of
Stonewall District Ruritan Club property on the west side of Route 11; (1)
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Spring Carnival; (2) Fall Carnival; (3) Apple Blossom Festival; (4) Frederick
County Fair; and (5) Rodeo; and,
II BE IT FURTHER RESOLVED, That this approval is given subject to approval by
the Health Department that all sanitary regulations will be met; and,
BE IT FURTHER RESOLVED, That the Board does direct that this permit
be valid for one year from this date (4- 25 -77), and that application for re-
approval of said permit shall be presented to the Board of Supervisors not later
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than the first meeting of the Board in April of each succeeding year and that
such application will be made in a proper manner to the Board after having been
acted upon by the Planning Commission and that should these guidelines not be
followed.for reapproval, the application for permit will not be considered by
this Board.
The above resolution and amendment were approved by the following recorded
vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish,
R. Thomas Malcolm, and Dennis T. Cole.
CONDITIONAL USE PERMIT - D. EMORY WILSON - APPROVED
Mr. Rosenberger stated that although the Planning Commission had recommended
denial of the conditional use permit of D. Emory Wilson, he had voted for it in-
asmuch as he felt this case should be decided upon its merit; that Mr. Wilson
is 62 years of age and has been a respectable citizen of the County for a good
number of years; that there would be no noise involved and that there would be a
limited number of hours. He stated that he could see where no neighbor would be
affected by this operation and that Mr. Wilson had stated that should there be
valid objections by neighbors he would close the operation down.
There followed a short discussion as to whether or not Mr. Wilson would be
willing to cease operation within a year, should the permit be granted on a
yearly basis, if there were valid complaints by the neighbors. Mr. Koontz stated
that the conditional use permit would not run with the building and new owner
would also have to get a conditional use permit.
Mr. Malcolm stated that he felt approval of this permit would possible cause
the human rights of others to be abused and that he did not think decisions
should be based on personalities.
Dr. Fish stated that he agreed somewhat with Mr.. Malcolm and he felt some
justification should be set forth for granting said approval.
Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole,
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, and Dennis T. Cole.
The above resolution was passed by the following recorded vote: Aye -
BE IT RESOLVED, That the Boardoof Supervisors of the County of Frederick,
Virginia, does herein approve the Conditional Use Permit Number 004 -77 of D. Emory
Wilson to construct an 18' x 34' addition to existing building (located to the
rear of existing house to repair small engines for garden tractors, lawnmowers,
and some automobile tune ups on his property located on the north side of Route
652, approximately 3/10 mile west of intersection with Route 11 South, said
permit to be a one -year, non - transferable permit.
Nay - R.,Thomas-Malcolm.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT
THE BOARD OF SUPERVISORS DO NOW ADJOURN.
s Sdtretary, Bd. of Supervisors
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