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May 04, 1977 to June 08, 197735 A Special Meeting of The Frederick County Board.of Supervisors was held on May 4, 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 Wednesday, May 4, 1977, at 7:00 P.M., in the Frederick County Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, for the following purposes: 1. Budget Hearing 2. Such other business as may come before the Board Signed and attested this 13th day of April, 1977 0 • /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 bwings Will L. Owings Opequon District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District • /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney ATTEST: /s/ J. 0. Renalds, III J. 0. Renalds, III Clerk of the Board of Supervisors PUBLIC HEARING - PROPOSED7.:1977= .7.8::BUDGET !• \J Mr. Koontz stated that the purpose of this meeting was to receive public input on the proposed 1977 -78 Budget. He explained briefly the sources of revenue set forth in the budget and stated that the proposed budget has some working capital in it as well as some surplus. Mr. Koontz stated that the Board would allow 15 minutes for organizations to speak and 5 minutes for individuals. He then called for opening comments from Board Members. ' Mr. Cole stated that he had received numerous calls from citizens concerned over the real estate tax increase proposed in the budget. SUP Mr. Owings stated that he too had received numerous calls concerning the increase in real estate taxes but had no answer or alternative to this problem. He stated that he had also received several calls regarding the tax on farm machinery and livestock. Dr. Fish stated that he would like those present to know that the Board had tried to represent a cross section of the will of the people in the preparation of the budget and that he was as interested in the type of budget approved for the County as the citizens were. Dr. Fish stated that he felt there might be room in the budget for compromise or negotiation and if he could find it within the realm of possibility he would be willing to discuss such compromise or negotiation. Mr. Rosenberger stated that he felt very much Like Dr. Fish; that this was the night the Board wanted to receive input from the people. He stated that he was not pleased with the budget as it stands in its present form. He stated that he felt the Board could do some more adjusting, particularly in the field of real' estate tax and also be able to do something with the taxes on livestock and farm machinery. Mr. John Pickeral appeared before the Board and stated that although he had not had an opportunity to study the budget, he felt it was fairly well balanced in relationship to the services the County is trying to provide. Mr. Pickeral urged the Board to try to balance the budget without an increase in taxes this year inasmuch as' felt the County would be facing some very large capital costs in the next few years. He stated that he felt the taxes on farm machinery and livestock was unfair and almost impossible to administer. Mr. Sam Lehman appeared before the Board representing the Frederick County Taxpayers Association and stated that the Association wanted to Thank Mr. Thomas Rosenberger, Chairman of the Finance Committee, for his efforts to hold down the rapid growth of government spending. He stated that a few landowners make big profits selling lots, real estate salesmen get their fees and builders are paid for cheap houses, twenty of which we now own collectively through FmHA at very low mortgage interest and no taxes which all taxpayers pay for. He asked who was responsible for the $80,000 of unpaid back taxes. Mr. Lehman asked why $25,000 was being given to the Sanitation Authority from all taxpayers when the sewer would only benefit a few citizens and $446,000 of federal money was also being appropriated to the Sanitation Authority. He stated that the 17.48 increase in our property tax while federal inflation increased 68 is evidence of the Sanitation Authority sewer project enlarging. our tax base. He stated that they felt recreation should be provided by private enterprise and paid for by the users rather than the present set up of all county taxpayers paying for these services. He also asked why $227,000 had been appropriated for the trash collection service when the County had resolved to get out of the trash business. Mr. Lehman asked why it takes $141,000 in welfare administration to distribbte $253,000 in benefits. n •. • is ,• i 37 He asked why the tax on real estate increased three times more than the tax • on cars when our spending is for household services. He stated that this budget appropriates an average of $2,164 for every household in the County but few present residents will get that much benefit. Mr. Lehman added that last year's 41/28 household growth had more than doubled. He asked if low income housing subsidies, the sewer and parks and schools could be promoting deficit small -lot development on vacant land and would not governmental costs for urban services rise even faster than 17.48 per year. He stated that that rate of increase would charge taxpayers 25 times the real property tax in 20 years and that increases of this magnitude are impoverishing and dispossessing our poor rural residents. He urged the Board to plan ahead for the present County residents. There followed a short discussion as to whether or not the Board had voted to get out of the trash business and Mr. Rosenberger advised.that his motion was to get out of itsas_ much as we can. He stated that he was not in favor of individual pick -up at the cost of all the county residents. Mr. Koontz stated that the funds set forth in the budget are with the CJ • assumption that the County will have'to stay in the business until a final determination is made and this is the amount of money necessary should the county continue the service. Mr. Koontz stated that the $25,000 set forth for the Sanitation Authority was the result of an obligation'on the part of the County when Clearbrook Park was purchased to maintain the water system. He stated that thus far, nothing has been done to this system and it is in a state of deterioration. He advised that this is not a Sanitation Authority project but a job the County has asked them to do in order that the County's obligation might be met under the terms of the contract of purchase of the Park. Mr. Cole stated that the County can not charge users for water from this system but if the Sanitation Authority takes it over, they can charge for this ther service and it would be much more feasible for the Sanitation Authority to service. He advised that the County has been footing the bill to provide take over the system and charge the users for the service. Mr. Koontz stated that the $446,000 set forth in the Budget for the Sanitation Authority has to do with a HUD grant and must be shown not only as income but as an expenditure. Mr. Kenneth Stiles then appeared before the Board and requested that they • reconsider the exemption of personal property taxes on farm machinery and livestock. He added that /4 of the people in the County had voted in favor of this request in the last election. Mr. Stiles stated that the 400 real estateetax increase would not be substantial on a $40,000 home but would be substantial to the farmers. Mr. Gene Gunter appeared before the Board and stated that he was a taxpayer in Frederick County and spoke as a local attorney but did not represent the Winchester- Frederick County Bar Association or any other legal group. He stated that he wanted to call attention to several items in the budget and hoped they would be helpful in future planning. Mr. Gunter cited the Commonwealth Attorney, Assistant Common wealth Attorney, and Administrative Assistant but the Secretary was making a larger salary than the Commonwealth Attorney had made seven years ago. He stated that he felt the Commonwealth Attorney did an excellent job in Frederick County but were all the extra positions necessary. WOM Mr. Gunter stated that he felt the Board should consider making the County Law Library available to the local attorneys as well as the public. He stated that the $1,400 set forth in the budget was a great waste since the library was very seldom used. Mr. Koontz - stated that it is available but has been restricted to use by the Commonwealth Attorney and the Judges. Mr. Renalds advised that several individuals had obtained a key from his office to use the library. W. Cole stated that he felt this library should be: :made available to the ?ublic: :and:tfhe-:possibility of moving it to another location had been discussed. Mr. Gunter stated that several years ago the laws bf Frederick County had been codified but had never been updated and are now useless as a reference: Mr. Renalds stated that there had been a recent codification of the code and these Volumes are on sale in his office. Mr. Gunter then pointed out the severe need for court facilities in Frederick County.. Mr. Rosenberger stated that he personally felt -there were far too many laws:; now and he would like to take about one half of-them off the books. Mr. Koontz stated that the Code had been updated and would continue to be updated. He also advised that there had been two formal meetings-with Judge Woltz to discuss court facilites and stated that additional meetings would be held to try and work the problem out:. Dr. Fish stated that he too would like to see the materials in the law library made available to the people but did not at this point know a viable method to do-so. Mr. Gunter stated that this would probably be a long range project and perhaps could be located in the new court facilites when they are constructed. Yr. Cole advised that the possibility of moving the law library to the Handley Library had been discussed as one alternative. The Board recessed for ten mnutes. Mr. William Reuter appeared before the board and asked what the Board planned to do about the recent reassessment as the farmer he feels has been greatly overassessed. He further stated that he felt the Board could save a great deal of money in the school system. Mr. Koontz advised that the next reassessment in Frederick County would be conducted in 1980. Mr. Cole asked why more citizens were not speaking out on the budget. Mr. Leslie Heishman stated that he felt people were not speaking out because the minds of the Board members are already made up and there is not much point in speaking out. Mr. Cole stated that his mind is not made up; that he had received a loteof calls concerning the proposed real estate tax increase and that he would do a lot of thinking between now and:: next Wednesday to see if there were-any possible changes that could be made. Mr. Rosenberger stated that as Chairman of the Finance::Committee he felt very much like Mr. Cole and that his mind is not made up on the proposed tax rate at all. He stated that he could at this meeting, or next Wednesday's meet- incE-; ; p:lace:' three motions on the floor which would change three parts of the budget as it is now set up which would reduce the increase on real estate to i • • E • 39'. 25¢ and 30¢ on personal property and eliminate the tax on farm machinery and livestock. There were no other comments from either the Board members or the public. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY IS J ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Septetary, Bd. of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on May 11, 1977, in the Board of Supervisors' Meeting Room, 9 Court Sauare, Winchester, Virginia. The invocation was delivered by Reverend Robert Woodward of the First Baptist Church. • The Chairman called the meeting to order. APPROVAL OF MINUTES Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County'of Frederick, Virginia does herein approve the minutes of the Regular Meeting of this Board held on April 13, 1977, the Special Meeting held on April 25, 1977 and the Special Meeting held on May 4, 1977 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R.- Thomas Malcolm, and Dennis T. Cole. HIGHWAY DEPARTMENT REQUEST THAT ROSSUM LANE BE ADDED TO SECONDARY SYSTEM - APPROVED • Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, MEREAS, The abutting property owners on Rossum Lane, a road lying on the south side of Route 657 in Shawnee Magisterial District, have requested the addition of this street into the Secondary Highway System; NOW THEREFORE BE IT RESOLVED, That the Board of Supervisors hereby requests that Rossum Lane, a road lying on the south side of Route 657 approximately 0.10 mile east of Route 831, a total distance of 0.15 mile be added to the Secondary System of State Highways pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended. Ll A fifty foot unrestricted right -of -way is guaranteed. This right of way is recorded in Deed Book 473, Pages 310, 311, and 312. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm.'and Dennis T. Cole. Dr. Fish requested that the possibility of a school bus turn around at the Knorlls:a be investigated again:. The-:Board concurred.. r Mr. Rosenberger requested an update on the road construction in the Zeiger subdivision and Mr. Renalds advised that Mr. Zeiger plans to begin construction the road in the next couple of weeks; that there had been a delay because the road-had to be redesigned. He suggested that the Board allow Mr. Zeiger to continue Il with his current plans. The Board concurred. N Mr. Rosenberger asked that the Highway Department be contacted regarding improvement to the repair work on a stretch of road two to'three hundred feet in length on Route 600. The Board concurred. SITE PLAN - VDO ( ADOLF SCHINDLING4AG) - APPROVED Mr. Berg presented the site plan of VDO and described the proposed. construction and operation for the property. He stated that the Planning Commission had recommended approval of said site plan. Upon motion made by Dennis T. Cole and seconded by R.--Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the site plan of VDO (Adolf Schindlin Ag), zoned M -1, in the Stonewall Magisterial District containing 10 acres in the North Frederick or Stine Industrial Park to construct a manufacturing and assembly facility, said property to be served by central water and sewer facilities. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. PLAT REVISON - B.H. COCHRAN LOTS - STONEWALL DISTRICT - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the plat revision of the B. H. Cochran Lots located in Stonewall Magisterial District to reshape Lots 12A, 21A and 22A to provide a 60 foot access entrance into the back of said 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. PLAT REVISION LOT 10 SECTION D LAKESIDE ESTATES - OPEQUON DISTRICT - APPROVED Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the plat revision of Lot 12, Section D, Lakeside Estates in Opequon Magisterial District to eliminate said lot and add portions thereof Lots 11, 8 and 9. 9he above resolution was passed by the following recorded vote: •-Ayec.- S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas'Malcolm, and Dennis T. Cole. TREASURER - REPORT ON TAXES Mrs. Dorothy Keckley, Frederick County Treasurer, appeared before the Board and presented a report on delinquent taxes in the County for the years 1973 through May 11, 1977. She reported that the total uncollected real estate tax to date is $183,944.35, uncollected personal property is $62,033.61 and un- collected public service $7,759.92. Mrs Keckley stated that to date 4,821 dog tags and 17,523 county stickers have been sold for the current year. She reported that Lake Holiday has an outstanding tax balance of $52,818.81 and Marjec a balance of $13,448.18. W. Koontz requested Mrs. Keckley and Mr. Renalds to get a status report on Lake Holiday. PUBLIC HEARINGS NAP #005 -77 - J.P. DARLINGTON - WITHDRAWN Mr. Berg reported to the Board that he had received a letter from Mr. Darlington's attorney withdrawing his rezoning request from-the Agenda. The • • • is 0 Petition was therefore withdrawn. 0 41 Wk F JANUARY 14, 1976, (DISTRICT MH -1) - APPROVED Mr. Berg presented two amendments to the Frederick County Code and explained briefly the reasons therefor. He stated,that the Planning Commission recommended approval of said amendments. Mr. Berg stated that the general purpose of the amendments was to remove the: :stated commercial uses from the mobile home and districts inasmuch as it is very, difficult to wokk with these permitted uses in these districts. He added that requests for these types of businesses would be handled on an • 1] individual merit basis. Lpon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the'County of Frederick, Virginia, does herein approve the following amendments to the Frederick County 'Il Code as amended: AN AMENDMENT TO THE FREDERICK COUNTY CODE AS ADOPTED JANUARY 14, 1976, AS AMENDED TO DELETE SECTION 21= 101(f) OF ARTICLE XA (DISTRICT MH -1): " Neighborhood commercial uses such as drug stores, grocery stores, and' personal services ". AN AMENDMENT TO THE FREDERICK COUNTY CODE AS ADOPTED JANUARY 14, 1976, AS AMENDED TO DELETE SECTON 21 -90(h) OF ARTICLE k (DISTRICT R -6): "Neighborhood commercial uses such as drug stores, grocery stores, and personal services. Such uses shall be limited to not more than twenty - five percent of the total floor area permitted." The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, R. Thomas Malcolm, and Will L. Owings. Nay - Thomas B.' Rosenberger and Dennis T. Cole. COMMITTEE RECOMMENDATIONS COMMITTEE ON LAW ENFORCEMENT AND COURTS Mr. Cole presented the recommendations of the Committee on Law Enforcement and Courts and the following action was takerri RESOLUTION APPROVING 65,000 MILE DISCONTINUANCE FOR SHERIFF'S VEHICLES Mr. Cole presented a recommendation that sheriff's vehicles be taken off • is the road after 65,000 miles. He advised that if this procedure is adopted the State will reimburse the County 2/3 of the costs of these vehicles. Lpon motion made by Dennis T. Cole and seconded by Will L. Owings, u BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the recommendation of the Committee on Law En- forcement and Courts that a 65,000 discontinuance standard for Sheriff's vehicles be set, such vehicles to be taken out of service and sold and replaced by newly acquired vehicles in order-to maintain maximum state reimbursement. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RESOLUTION APPROVING FIRE MMODIF.ICATIONS AT THE FREDERICK- WINCHESTER JAIL Mr. Cole presented the recommendation for fire modifications at the Frederick - Winchester Jail stating that the Committee on'Law Enforcement and Courts had met with the County insurance representative and a representative from the Winchestertfireecompanies::to_ discuss various problems at the jail. He advised that although several modifications were discussed, the Committee felt those contained in the recommendation were of vital importance.. He stated that the City would be requested to participate 50 -50 in the project. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, 0 Virginia does herein approve the below indicated fire safety modifications at the Frederick - Winchester Jail and requests the City of Winchester to.Dapprove paying one -half of the cost, said costs to be obtained through the County and City Engineering Departments and reported back to Board and Council for approval to proceed with construction. (a)' Repair of existing fire doors so that they operate in the proper manner. (b) Purchase and install three additional fire extinguishers with a classificiation rating of not less than 40 B.C. (c) Install an approved automatic fire suppression system in all hoods and connecting hood and duct system used in conjunction with frying and cooking operations in kitchen area. Such fire suppression system will provide surface protection for all cooking appliances and equipment that may be a source of ignition in or under the hood. (d) Install some readily accessible point within the premises outside the entrance door to the furnace room, or at a location to be approved by the electrical inspector, an externally operated in- dication switch by which the current may be cut -off to the stoker, such switch to be plainly and permanently marked "Emergency Shut -Off Switch ". An individual separately fused circuit shall be used. (e) Install emergency lighting on the first and second floor of the cellblock area. The floors of means of egress shall be illuminated at all points,-including angles and intersections of corridors, stairways, landing of stairs and exit doors. The above resolution was passed by the following recorded vote: Aye - R. Thomas Malcolm, and Dennis T. Cole. S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, Y LAW LIBRARY BE HOUSED IN THE HANDLEY PUBLIC Mr. Cole stated that the Committee recommended that the Board consider having the County Law Library housed in the Handley Public Library so that it would be readily accessible to the public. He stated that this would be a loan to the Library and would not be a donation. They agreed to consider this recommendation and Mr. Koontz asked Mr. Renalds to contact Mr. Miller, Librarian at the Handley Library to get his input on this matter. COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT Mr. Malcolm presented the recommendations from the Committee on Engineering and Code Enforcement and the following action was taken. i ESTABLISHING W. Malcolm stated that the Committee recommended that the Board consider the feasibility of establishing a fire fighting training ground at the old Frederick County Landfill Site. He =.advised that there is a possibility that State funds might be obtained if the firemen can secure a site for said project. He suggested that the firemen work with the Committee on Engineering and Code Enforcement on this project. Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the recommendation of the Committee on Law Enforcement and Courts to give approval'for County and City fire companies to explore the feasibility of establishing a fire = fighters training ground at the old Frederick County Landfill site and does further direct that said fire companies work through the Committee on Engineering and Code Enforcement on this project. 1he above resolution was passed by the following recorded vote: Aye -- S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, E 0 • L� F_ \_ R. Thomas Malcolm, and Dennis T. Cole. 43. FINANCE COMMITTEE Mr. Rosenberger presented the recommendations of the Finance Committee, n U and the following action was taken. Upon motion made by Thomas B. Rosenberger and seconded by-Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request that Frederick County be the recipient of DJCP grant funds for-Shalom et Benedictusswith the provision that the Board of Supervisor Member, Dr. Raymond L. Fish,'serve as a member of the Board of Directors of Shalom et Benedictus;, and BE IT FURTHER RESOLVED, That the County Administrator.is hereby authorized to execute the documents necessary in order to apply for and receive this grant; and BE IT FURTHER RESOLVED, That the Chapter 10 Board shall be responsible for the administrative work necessary to carry out the above directive. The above resolution was passed by the following recorded vote:: Aye - • S. Roger Koontz, Thomas.B. Rosenberger, Dr. Raymond L. Fish, Will-L. Owings, R. Thomas Malcolm, and Dennis T. -Cole. RESOLUTION APPROVING TRANSFER OF COUNTER CYCLICAL FUNDS Upon motion made by Thomas B. Rosenberger, and seconded by Dr. Raymond L. Fish, B; IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that it is the desire of this Board to commit the remaining Public Works Employment Act - Title II funds, to be expended during this fiscal year, to the collection system budget; and BE IT FURTHER RESOLVED, That the following 1976 -77 budget adjustment is here- by authorized: INCREASE GENERAL REVENUE FUND.REVENUE ESTIMATE u 1 05 -6872 Public Works Employment Act - Title II $1,672.00 INCREASE GENERAL OPERATING FUND APPROPRIATIONS 10 -01OG -2260 Special Service $1,672.00 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. AMENDMENTS TO 1977 -78 FISCAL PLAN - APPROVED W. Rosenberger presented a resolution containing several amendments to the proposed 1977 -78 Fiscal Plan and explained briefly each portion thereof. Dr. Fish stated that the recommendations were made in an attempt.to trim 1J expenses somewhat to get down to a liveable budget and that he felt this was in accordance with the wishes of many of the County citizens. W. Owings and Mr. Malcolm expressed concern regarding the reduction of the County surplus fund to accomplish the Finance Committee recommendations. W. Rosenberger stated that he did not feel the Board could justify asking the County Taxpayers for an additional 10 cent tax increase just to maintain a large surplus. D`. Fish stated that'it was not the intent of the Finance Committee-to deplete the surplus, but there had to be a reasonable limit in this-account. Mr. Malcolm stated that he felt the Board should be very cautious in a'• procedure of this nature and this should not be done year after year. He stated that as far as the tax on livestock and farm machinery being unfair, he felt the M entire tax base was unfair and needed to be revised. He further stated that should this segment of the community be relieved of this tax, it would have to be picked up by the remainder of the community and this he did not agree with. Mr. Owings stated that he too could not agree with the proposal to relieve the tax on livestock and farm machinery inasmuch as he felt it was unfair to the business people in the community who must pay taxes on their inventoryl. He stated that he knew it was not a great deal of money but he did not feel we could eliminate it as this time. Leon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia, does herein approve the reduction of the estimated balance in the General Revenue Fund by the amount of $96,767 which would take 100 off of the real estate tax. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomms B. Rosenberger, Dr. Raymond L.; ..Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Upon motion made by Thomas B. Rosenberger, and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia $48,000 by taking $27,460 from the general Revenue Fund and $20,540 out of the does herein =_eliminate taxes on livestock and farm machinery in the amount of Reserve for Contingencies. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Thomas B. . ".8oyenberger. Nay - R. Thomas Malcolm, Will L. Owings. Abstaining - Dennis T. Cole. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, B; IT RESOLVED, That the Board of Supervisors of Frederick County',: Virginia, does herein approve the reduction of the estimated balance in the General-.Revenue Fund by $124,227.00 '9he 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. Lpon motion made by Thomas B. Rosenberger,_and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia, does herein approve the following budget amendment to the 1977 -78 Fiscal Plan. Feduce estimated revenue from the Federal Government (Revenue Sharing Trust Fund) by $40,328.00. Reduce Reserve for Capital Facilities (Revenue Sharing Trust Fund) by $40,328.00. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owing, R. Thomas Malcolm, and Dennis T. Cole. The Board Recessed•.for ten minutes. BOARD RETIRES INTO EXECUTIVE SESSION Lpon motion made by Thomas B. Rosenberger, seconded by Dr. Raymond L. Fish and passed by the following recorded vote: Aye - S. Roger Koonttz, Thomas B. Rosenberger, Dr. Raymond L. Fish, and Dennis T. Cole. Nay - R:::Thomas Malcolm and Will L. Owings, the Board retired into Executive Session to discuss personnel in accordance with Section 2.1- 344(a) of the Code of Virginia, 1950 as amended. L� • u • L • MR BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Dennis T. Cole, seconded by Dr. Raymond L. Fish, and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION C¢on motion made by Dennis T. Cole, seconded by Will L. Owings, and passed unanimously, the Board reconvened into Regular Session. ON THAT 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 remove the additional assistant Building Inspector and related expenses totalling $16,775.00 from the proposed 1977 -78 Fiscal Plan The above resolution was passed by the following recorded Vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, and Dennis T. Cole. Nay - R. Thomas Malcolm, and Will L. Owings. RESOLUTION ADOPTING THE 1977 -78 FISCAL PLAN • Upon motion made by Thomas B. Rosenberger, and seconded by Dr. Raymond L. Fish, VUEREAS, A notice of public hearing and a budget synopsis has been published and a public hearing has been held on May 4, 1977, in accordance with Title 15.1 Chapter 4, Section 15.1 -162 Code of Virginia, 1950 as amended: BE IT RESOLVED, By the Board of Supervisors,of the County Frederick, Virginia, that the budget for the 1977 -78 fiscal year, as outlined in the document entitled "Fiscal Plan 1977 -78, Frederick County, Virginia ", as amended, be hereby approved in the amount of $17,111,521 and that the appropria in the amount of $17,111,521 be hereby authorized for the 1977 778 fiscal year; and B; IT FURTHER RESOLVED, That the Board of Supervisors of the County of • Frederick, Virginia, does herein adopt the tax rate for the fiscal year 1977 -78 as herein presented at the rate of $2.60 to be applied to real estate and the rate of $4.00 to be applied to personal property. BE IT FURTHER RESOLVED, That appropriations are hereby authorized for the North West Regional Jail Fund, Central Stores Fund, Special Welfare Fund and School Textbook Fund equal to the total cash balance on hand at July 1, 1977 plus the total amount of receipts for the fiscal year 1977 -78 and; BE IT FURTHER RESOLVED, That unpaid landfill account balances of the General • Revenue Fund are hereby assigned to, and shall become a receivable of the Frederick - Winchester Landfill Fund effective July 1, 1977. The above resolution was passed by .the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RESOLUTIONS PROJECT FOR STEPHENS Mr. William D. Pike, Director of Parks and Recreation appeared before the Board and presented a brief report on the work which has been done regarding a proposed )a park site in the western section of the County. He adivsed that the Parks and Rec- reation Commission did not feel that enough work had been completed on this project to seek funding at the COR meeting in June but would look forward to seeking such funding at the COR meeting in September. MM Mr. Pike then introduced Mr. James Bell, Consultant, who presented a drawing of the proposed development of the park site and explained briefly the activities 7 .•!..11_'1 �(�," ?...�.�. :p ...' °.. .. planned for each segment. He stated that he felt this site was most conducive to spark development. Mr. Pike stated that the Recreation Commission recommended that this study The continued, the appraisal be secured and negotiations be started with the owner lof the property, with the thought df looking to the September COR meeting to seek funding. Mr. Pike then requested approval of a resolution to apply for funding for Ithe Stephens City Park for a two year project. He explained briefly the method o:' lof financing said project. Mr. Pike then requested approval of a resolution to apply for state access broad funds stating that this is 1008 funding. Mr. Rosenberger stated that he would not be in favor of going beyond funding set forth in this year's budget. 1&. Cole stated that he felt this matter should come through the Finance I Committee. W. Pike stated that time was of the essence inasmuch as the CDR meeting is set for June 10th and that Recreation Commission recommendations are not processed through the Finance Committee.. He then asked if the Board would consider a one year project at the Stephens City Park so that funding might be sought at the June meeting. Lpon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish, WHEREAS,'The Virginia Commission of Outdoor Recreation provides funds to assist political subdivisions of the State of Virginia in acquiring and developing open space and park lands; arid, WHEREAS, There are urgent needs with the County of Frederick to develop park land; and, WHEREAS, The Stephens City area is deemed df high development priority by said County and shall be referred to as the Stephens City Project; and, WHEREAS, In order to attain funding assistance from the Virginia Commission of Outdoor Recreation, it is necessary that each political subdivision provide a proportionate share of the cost thereof; and, WHEREAS, The proportionate project share is funded fifty percent (508) by the Virginia Commission of Outdoor Recreation and fifty percent (508) by the County df Frederick; NJW THEREFORE BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, That the County Administrator is hereby authorized to cause such information or materials as may be necessary to be provided to the appropriate State agency to permit the formulation, approval and funding of the Stephens City Project; and, BE IT FURTHER RESOLVED, That the governing body of the County of Frederick gives its assurance that the funds needed as the County's proportionate share of the cost of the approved program will be provided, up to $100,000: during the fiscal year 1977 -78; and, BE IT FURTHER RESOLVED, That the County of Frederick Will abide by all applicable State and Federal regulations governing such expenditure of funds provided by the Virginia Commission of Outdoor Recreation. u u • •) The above resolution was passed by the following recorded vote: Aye - 47 S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm,! - .and Dennis T. Cole. Upon motion by Will L. Owings and seconded by Dennis T. Cole, WHEREAS, Funds are provided for by the Commonwealth of Virginia through the Commission of Outdoor Recreation and Virginia Department of Highways and Transportation for recreational access road projects; and, WHEREAS, The County of Frederick, Virginia desires to construct a road which will provide access to and within an established County Recreation facility; NOW THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisors • that the Commission of Outdoor Recreation and Virginia Department of Highways and'Transportation be requested to provide funds to construct a recreational access road for the Frederick County Park (Stephens City) beginning at a point on State Route 277 approximately 1.82 miles east of the Interstate 81 and State Route 277 interchange east of the Town of Stephens City, and extending in a southerly direction approximately 3,000 feet; and, BE IT FURTHER RESOLVED, That the Board does certify that zoning is adequate • to permit the proposed road to be constructed and utilized for the purpose specified; and, BE IT FURTHER RESOLVED, That the Board does hereby guarantee a free and un- restricted right -of -way of 60 feet or greater as required at no cost to the State for construction of this proposed road; and, BE IT FURTHER RESOLVED, That the Board hereby certifies that all statutes and regulations governing recreational access road funds will be complied with; and, BE IT FURTHER RESOLVED, That the County Administrator is hereby authorized to cause such information or materials as may be necessary to be provided to the appropriate state agency to permit the formulation, and funding of the proposed' recreational access road project. She above resolution was passed by the following recorded vote: Aye - 0 n LJ S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. R EFUNDS - HARTLEY - BOYD - CORNWELL - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board-of Supervisors of the County of Frederick, Virginia, does herein approve a refund in the amount of $40.12 to Mr. James R. Hartley, Rt. 3, Box 432, Winchester, Virginia, which represents 808 of a building permit fee, inasmuch as the project was abandoned before construction was ' The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Thomas B,: Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm; BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a refund in the amount of $58.61 to Ms. Hattie Boyd, Rt. 7, Box 210, lot 11, Winchester, Virginia, for the erroneous payment of personal property taxes. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R:.Thomas Malcolm, and Dennis T. Cole. Upon motion made by R. Thomas Malcolm, and seconded by 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 $50.00 to Mr. Clarke L. Cornwell, Rt. 2, Box L12; Stephens City, Virginia, which represents the full fee for construction of an apartment over a garage inasmuch as said project was abandoned before construction was begun due to zoning regulations. The above resolution was passed by'the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. LIVESTOCK CLAIMS - MILLER, BRIM, KERNS - APPROVE 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 following claims for livestock kill as recom- mended by the Dog Warden: 1. Osborne Miller, Back Creek District - 3 ducks at $2.50 each; 2 geese at $2.50 each; and 1 chicken at $2.50 = Total $15.00 2. Nolan D. Brim, Opequon District - 6 lambs at $20.00 each and 4 lambs and 4 ewes at $20'100 each = Total $280.00 3. Freda Kerns, Gainesboro District - 7 chickens at $2.50 each = Total $17.50 The above resolution was.passed: -by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Mr. Rosenberger asked what the Board would do on-livestock claims riow that the personal property tax has been removed from livestock. He requested that the Commonwealth Attorney investigate this question and deliver a written ruling to the Board as to what procedure should be followed. APPOINTMENTS - ROAD VIEWERS, GAINESBORO AND OPEQUON DISTRICTS Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Mr. Elmer Lauck to serve as the Road Viewer from the Opequon District. Gainesboro District and Mr. Frederick M. Gore to serve as the Road Viewer from 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.. DATE FOR JOINT MEETING WITH FREDERICK COUNTY PLANNING COMMISSION SET The Board set the date of June 6, 1977 at 7:00 P.M. for a joint meeting with the Frederick County Planning Commission. ORDINANCES - FIRST AND SECOND READING 1. ZMAP # 006 -77 OF JIC, LTD., 32 EAST MAIN STREET, BERRYVILLE, VIRGINIA, AND BUCKLEY- LAGES, INC., P.O. BOX 231, WINCHESTER, VIRGINIA, HEREBY REQUEST THAT 10.00 ACRES, "MORE OR LESS, LOCATED AT - THE INTERSECTION OF ROUTES 50,AND 728, NOW ZONED INDUSTRIAL - GENERAL (M -2) BE REZONED INDUSTRIAL - LIMITED (M -1). THIS PROPERTY IS DESIGNATED AS PARCEL NOS. 80 AND 80c ON TAX MAP 64 AND IS IN SHAWNEE MAGISTERIAL DISTRICT. 2. ZMAP # 007 -77 OF C. D. HYLTON, 13901 JEFFERSON DAVIS HIGHWAY, WOODBRIDGE, VIRGINIA, HEREBY REQUESTS THAT 10.83 ACRES, MORE OR LESS, BEING A PORTION OF A LARGER PARCEL OF LAND THAT FRONTS THE SOUTH SIDE OF ROUTE 522 AND THE EAST SIDE OF ROUTE 739, NOW ZONED BUSINESS - GENERAL (B -2) BE REZONED MULTI- FAMILY- RESIDENTIAL (R -6). THIS PROPERTY IS DESIGNATED AS PARCEL NO. 52A ON TAX MAP 53(A) AND IS IN GAINESBORO MAGISTERIAL DISTRICT. I 1] • P i 1] 3. •'ZMAP # 007 -77 OF C. D. HYLTON, 13901 JEFFERSON DAVIS HIGHWAY, WOODBRIDGE, VIRGINIA, HEREBY REQUESTS THAT 7.88 ACRES, MORE OR LESS, BEING A PORTION OF A LARGER PARCEL OF LAND THAT FRONTS THE SOUTH SIDE OF ROUTE 522 AND THE EAST SIDE OF ROUTE 739, NOW ZONED BUSINESS - GENERAL (B =2) BE REZONED RESIDENTIAL- GENERAL (R -3). THIS PROPERTY IS DESIGNATED AS PARCEL NO. 52A ON TAX MAP 53(A) AND IS IN GAINESBORO MAGISTERIAL DISTRICT. 4. AN ORDINANCE TO VRCATE SECTION 5 OF THE. LEON B. ZEIGER. SUBDIVISION LOCATED IN THE BACK CREEK MAGISTERIAL DISTRICT OF FREDERICK COUNTY AS RECORDED IN DEED BOOK 458, PAGE 284. PROCLAMATION - STUDENT GOVERNMENT DAY The following proclamation was presented by Chairman S. Roger Koontz, �J proclaiming May 26, 1977, Student Government Day'.' "' P R O'C L A M A T I O N .WHEREAS:; The Development of a firm understanding by citizens of local government is of great importance; and, WHEREAS, The Frederick County Public School Sytem endeavors to L� instruct High School students in the philosophies and the mechanics of local government; and, WHEREAS, The Frederick County Board of Supervisors believes that education' • in local government is a necessary and proper objective of a public education; NOW, - THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisors that May 26, 1977 be set as Student Government Day and that a special educational program be developed to take place on that day. WE E /s/ S. Roger Koontz S. Roger Koontz Chairman Frederick County Board of Supervisors • L ATTEST: /s/ J•:.0: Renalds, III J. O. Renalds, III County Administrator BY SHERIFF': SEAL Upon motion mide by bennis T. Cole and seconded-by Will'L. Owings, HE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the application by the Frederick County Sheriff's Department for DJCP grant funds in the amount of $14,388 for_.'an�aiutbmatedri^eaor'ds system for said department. The above resolution was passed by the following recorded vote; Aye - IS. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, JR. Thomas Malcolm, and Dennis T. Cole. BUDGET TRANSFER - DEPARTMENT OF INSPECTIONS - APPROVED Upon motion made by Will L. Owings,•and seconded by Dennis T. Cole, n BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, (Virginia, does herein approve the following budget adjustment within the 1976 -77 Budget as requested by the Director of Inspections. 0 50 TRANSFER FROM 10 -OIOB -211 Insurance Premiums $315.00 10 -01OB -206 Dues & Subscriptions 35.00 TOTAL $350.00 TRANSFER TO II ' 19 -OIOB -405 Capital Outlay $350.00 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings R. Thomas Malcolm, and Dennis T. Cole. ]INFORMATION FOR BOARD W. Renalds presented the following points of information for the Board of Super�YSnrs: • 1. Frederick County Extension Homemakers Open House to be Held on May 14, 1977 from 1:OO PM to 4:00 PM in the Board of Supervisors Meeting Room. 2. Shenandoah Area Agency on Aging Fiscal Year 1978 Area. Plan was presented to the Board for review and information. 3. Information from the Virginia Municipal League and the Virginia Association of Counties regarding unemployment insurance act was given to Board members. MONTHLY STAFF REPORT - ACCEPTED , After review the monthly staff report was accepted by the Board. MR. CHARLES ORNDORFF - .WELFARE BOARD ADDRESSES BOARD • Mr. Charles Orndorff Chairman of the Frederick County Welfare Board U appeared and'stated that Welfare Director Mrs. Robert James has requested permission to take a six months leave of absence without pay, and the Welfare Board had approved this request. He stated that the Welfare Board had further agreed to maintain Mrs. James' insurance during this period of time. Mr. Orndorff stated that Mrs. Betty Moler is acting director in Mrs. James! absence and that he did not foresee any major problems with this arrangement. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. • ) C 1 Chairma _ d. of pervis 5s Se etary, Bd. of Supervisors r u A Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia was held on May 25, 1977 at 8:00 P.M. in the Board of Supervisors' Meeting Room 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; 11 r Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. .The Chairman called the meeting to order. The Invocation was delivered by Reverend Anthony Wadsworth of the Gainesboro o United Methodist Church. f QUARTERLY MEETING WITH THE FREDERICK COUNTY SANITATION AUTHORITY Members of the Frederick County Sanitation Authority appeared before the Board and Mr. James Diehl, Chairman of the Authority, presented a brief report on the Authority's current and future projects. He stated that he was very pleased with the construction and proposed operation of the Authority's new sewage .treatment plant, and advised that there were 200 connections at the present time. Mr. Diehl stated that as far as the regional sewage treatment plant was • concerned, the Authority would stand on their statement presented to the Board in March. He stated that he felt the current rates proposed by the Regional Authority werentgo high and that many people would not be able to affored the service. Mr. Wellington Jones, Engineer- Director of the Authority stated that a decision must be reached by the governing bodies by mid June as to whether or not to proceed:. with the regional.concept so that the Frederick- Winchester Service Authority might apply for grant funds should the project-be continued. Renovation of the Clearbrook water.system was discussed and Mr. Diehl advised that the Authority was awaiting a decision on EDA funds before this work was Mr. Renalds stated'that it should'be made clear that the $25,000 appropriated 1 by the Board to the Authority for this project was not a loan but money to upgrade the system for the Board so that the Sanitation Authority could take over the operation of the same. Upon motion made by Thomas-B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein express its sincere appreciation to the members , .;of the Frederick County Sanitation Authority for their many hours of long, dedicated work and their continuing efforts to provide water and sewer services to the residents of Frederick County. The above resolution was passed by the following recorded vote: Aye - • S..Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. APPROVAL OF MINUTES Upon notion made by R. Thomas Malcolm, and seconded by Dennis T. Cole and passed unanimously the name Charles Brumback was corrected to.read.Charles.Orndorff oh page 22 of the - minutes of the Regular Meeting of the Board held on May 11,1977. Upon motion by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick. • does herein approve the minutes of the Regular Meeting of this Board held on the 11th day of May, 1977 with the amendment set forth above. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,. .. R. Thomas Malcolm, and Dennis T. Cole. HIGHWAY DEPARTMENT Mr. Koontz stated that he along with Mr. R. C. King, of the Highway Department and Mr. Thomas Sine, Supervisor of Transportation for the County Schools, had investigated .the request of Dr. Fish for a school bus turn - around at The Knolls Subdivison. He advised that in order for the bus to turn around it would have to travel off the state road. He advised that he did not feel this matter justified further action at this time. Dr. Fish stated that the reason for this request was to alleviate the problem of twelve or more children waiting on the road for the bus completely out of sight 51� "52 of any parent. Dr. Fish requested thatz:this matter be discussed and investigated further. The Board concurred. Improvement of the hazardous conditions at the intersection of Routes 522 and 739 was.discussed and Mr. Koontz advised the Board that the Highway..Department• had offered a possible solution to the problem in the form of.z box culvert over Route 37 at a cost of approximately $4001000:1 He advised that there had been numerous accidents at this location and he felt it was mosti.important _ to have this situation corrected. Following a brief discussion the Board agreed to study this problem further and to investigate the possibility of funding from sources other than Frederick County's allocation for road improvements. Inasmuch as there was no one present from the Highway Department or the petitioners to improve Route.654, discussion on this matter was delayed until a later date. REQUEST FOR EXECUTIVE SESSION WITHDRAWN Mr. Koontz requested that an executive session be called with members of 0 the Frederick County School Board to discuss personnel. Mr. Rosenberger asked the Commonwealth Attorney if this was permitted under the Freedom of Information Act. Mr. Ambrogi advised that the Board could go into executive session to discuss personnel if it involved an individual but not to discuss a position. Mr. Koontz therefore withdrew his request for executive session. SUBDIV'IS.IONS ALBIN ACRES, SECTION II - GAINESBORO MAGISTERIAL DISTRICT REAPPROVED Mr. Berg presented.the plat of Albin Acres, Section II and stated that this plat had been previously approved by the Board but was,now void inasmuch as it had not been recorded within the necessary time frame. He said all was in order on said plat. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein reapproved the plat of Albin Acres, Section II containing 12 lots off:•Route 679 in the Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings, and Dennis T. Cole. SITE PLAN MILLER TOOL COMPANY - SITE PLAN ON. 010 -77 - APPROVED W. Berg presented the site plan of Miller Tool Company and stated that all requirements had been met on said plan and that the Planning Commission recommended approval of the same. Mr. Cole asked if the owner would develop the remainder of the property as there is only a 20 foot right of way to the property. Mr.-Berg-'.'stated that the owner may decide to develop further and that there is a twenty foot paved surface but a 100 foot right -of -way to the property. Upon motion made by Dennis T. Cole and.seconded by Thomas B. Rosenberger, B; IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Site Plan No. 010 -77 of Miller Tool CortQany, Zoned M -1, in the Stonewall'Magisterial District to construct a building 50 feet by 150 feet for a tool manufacturing operation. E • • L� 53 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. TRANSPORTATION PLAN FOR FREDERICK COUNTY - APPROVED Mr. Berg presented and briefly reviewed the proposed transportation plan for Frederick County. Mr. Cole suggested that Section 2 under Objective 3 in the Section '!Public Participation on Transportation Goals" be stricken. 'Following a brief discussion the Board concurred with this request, and said'sectiona;was ordered stricken from the plan. The Board then discussed Figure 10 on Page 19 concerning Frederick County 1 J Recommended secondary improvements, stating that they wanted to maintain control over road improvement priorities in the County. The Board agreed to add the pro- vision that these recommendations shall be subject to periodic review at the discretion of the Board of Supervisors. Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia does herein approve the Transportation Plan for the County of Frederick, Virginia as amended above, a. copy of said plan to be kept on file in the Office of the County Administrator for public review. The above resolution was passed by the following recorded vote; Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. REZONING APPLICATION FEE REFUND - C.D. HYLTON - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, B; IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve a refund in the amount of $100 to C. D. Hylton for the erroneous payment of a rezoning application fee on ZMAP #007 -77. The above resolution was passed by the following recorded vote: Aye - • R. Thomas Malcolm, and Dennis T. cole. S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, ENGINEERING COMMITTEE RECOMMENDATIONS W. Malcolm presented the recommendation from the Committee on Engineering and Code Enforcement and the following action was taken: TO PROCEE SYSTEM - Mr. Malcolm presented the bid documents recommended for approval by the r1 LJ Engineering Committee for the solid waste collection system in the County by a private contractor. There was a brief discussion and review of the bid documents and no changes were noted. Lpon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, i Virginia does herein approve the recommendations of the Engineering Committee'to proceed to bid the solid waste collection system for Frederick County in accordance with the bid documents presented.to the Board this date. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz; Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings, and Dennis T. Cole FINANCE COMMITTEE RECOMMENDATIONS 5:4 Upon motion made by.Thomas B.'Rosenberger and seconded by Dennis Tom. Cole, BE IT RESOLVED, By the Board of Supervisors of frederick County, Virginia, that the State Auditor of Public Accounts is hereby requested to conduct the annual audit of the records of Frederick County for the fisGal..year.ending.June 30, 1977. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. REVENUE SHARING TRUST FUND ADJUSTMENT - APPROVE Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County.,. Virginia,: that fiscal.year 1976 -77 Revenue Estimates of the General Revenue Sharing Trust Fund are hereby increased as follows: 85 -6860^ Federal Grants $113,3.74,00 The above resolution. was passed by the following recorded vote: Aye - c S. Roger Koontz,.Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. 1 FISCAL YEAR 1976 -1977 AND Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors'of Frederick County, Virginia Ithat appropriations,are hereby approved for the'Centra1-.%Stores•-Fund, Special Welfare Fund and School Textbook Fund equal to the cash balance at July 1, 1976 (plus receipts during the fiscal year 1976 -77; and, BE IT FURTHER RESOLVED, That the following budget adjustment is hereby authorized to the 1976 -77 budget of the School Debt and Construction Fund: INCREASE REVENUE ESTIMATE 70 -1001 Proceeds - Sale of Bonds 70 -1004 Sale of Land & Buildings 70 -5000 Accrued Interest on Bonds Sold 70 -5010 interest on Bank Deposits TOTAL INCREASE APPROPRIATIONS 19- 1900 -601C New High School 20- 2000 -800A Payment of Bonds TOTAL $110001000.00 13,'350.00 18,168.06 9,300.00 $1,040,818.06 $1,015,068.06 25,.750.00 $11040•1818.06 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, IR Thomas Malcolm, and Dennis T. Cole. SUPPLEMENTAL APPROPRIATIONS TO GENERAL OPERATING FUND BUDGET 1977 -78 - APPROVED Upon motion.made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that Supplemental appropriations to the following accounts within the 1977 -78 General Operating Fund budget are hereby authorized: 03- 003A -109A Compensation of Deputy- Bookkeeper $ 312.00 05- 005C -102D Compensation of Investigator 329.00 06- 006B -106B Compensation of Jailor.I 654.00 06- 006B -106C Compensation of Jailor II 178.00 10- OIOG -136A Compensation of Truck Driver 32.00 11- O11A -114A Compensation of Extention Agent I 3,000. .TOTAL $4,505.00 The above resolution was passed by the following recorded vote: Aye - IS. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, 0 • • r1 U J • r IR. Thomas Malcolm, and Dennis T. Cole 55 RECOMMENDATION THAT RENT TO Mr. Rosenberger stated that the Finance Committee recommended that the rent on the County owned property currently leased to the Kremer Oil Company (CITGO) be increased to $1,000 per month effective July 12, 1977 and that a thirty day cancellation notice be made a part of the lease on said property. Mr Thomas Kremer appeared before the Board and presented a brief report • containing the amount of money he had invested in the property and the amount of revenue he has received over the last several years. He also presented several figures which he stated were the rental figures for several buildings in the same general area. Mr. Kremer stated that he did not feel he could continue his operation in this location with this increase in rent and the thirty day cancellation notice. Mr. Owings stated that he felt an increase in rent was due.but that $1,000 was excessive. He further stated that he felt it was the responsibility of the Board to the taxpayers to -get the most out of the tax dollar and that if this property were vacant, there would be no.revenue for the County at all. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, 7 u • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the recommendation of the Finance Committee and does herein direct that the rental on the County property at the corner of Cameron and Boscawen Streets currently occuped•by the CITGO station be increased to $1,000 per month effective July 12, 1977 with a thirty day notice to vacate the premises as previously approved by this Board. The above resolution was passed by the following recordedvvote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr..Raymond L. Fish, R. Thomas Malcolm, and Dennis T:... Cble. Nay - Will L. Owings. R. THOMAS MALCOLM REAPPOINTED TO WELFARE BOARD Upon motion made by Dennis T. Cole'and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of- Frederick, Virginia, does herein reappoint Mr. R. Thomas Malcolm to serve as the Board_:s representative on the Frederick County Welfare Board for a term of -four years, said term to commence on July 1, 1977 and expire on June 30, 1981. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. APPOINTMENT OF MR. INTERIM DIRECTOR Mr. Renalds asked the Board to confirm his appointment of Mr. Carroll-R. • Brown as Interim Director of Inspections for Frederick County, until such time as a permanent Director is named. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE:.'IT'_RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does heresn:.iconfirm the appointment by the County Administrator of Mr. Carroll Ray Brown as Interim Director of Inspections for Frederick County, Virginia, effective June 1, 1977 at an annual salary of $13,514, such appointment to continue until such time as a permanent Director of Inspections is appointed. The above resolutionswas 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. 5.6 TO EXEMPT The following ordinance was read oni.first and second reading by title: AN ORDINANCE TO EXEMPT FARM ANIMALS, FARM MACHINERY AND FARM IMPLEMENTS FROM PERSONAL PROPERTY TAXATION Mr. Renalds stated that Student Government Day would be held on May 26, 1977. He presented a brief itinerary and sechedule for the day and invited the Board STUDENT GOVERNMENT DAY - MAY 26, 1977 members to participate if they so desired. BOARD AGREES NOT TO PARTICIPATE IN LAW SUIT RE: UNEMPLOYMENT COMPENSATION Mr. Renalds explained that the Virginia Municipal League and the Virginia Association of Counties had requested information as to whether or not Frederick County wishes to participate in a law suit to have the recently approved unemployment compensation claw repealed. He advised that should the County desire to participate in this suit, the cost would be $2,500. Lbllowing a brief discussion, the Board agreed not to participate in the law suit. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. B 'dcretary, Bd. of Supervisors il A Joint Meeting of the Frederick County Board of Supervisors and the Frederick County Planning Commission was held on June 6, 1977, at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. 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 Monday, June 6, 1977, at 7:00 P.M. in the Frederick County Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, for the following purposes: 1. Joint Meeting with the Frederick County Planning Commision 2. Such other business as may come before the Board. Signed and attested this 25Th day of May, 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 /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District r • • • c ­57 C • ATTEST: /s/ J. O. Renalds, III J. O. Renalds, III Clerk of the Board of Supervisors /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney PRESENT: Board of Supervisors S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. ABSENT: None PRESENT: Planning Commission: G. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; and Elmer Venskoske. ABSENT: George C. Snarr, Jr. Chairman Koontz called the meeting to order. • JOINT MEETING THE THE FREDERICK COUNTY PLANNING COMMISSION Mr. Koontz stated that that the purpose of the meeting was to try and develop a better understanding and better communications between the Board of Supervisors and the Planning Commission. Mr. Rosenberger stated that he felt the County was very fortunate to have such • an able Director of Planning and Planning Commission. He stated that when he made a decision as a member of the Planning Commission and then was faced with the same decision as a member of the Board, it would be very awkward to change his vote. Mr. Rosenberger stated that he felt the.Board agreed with the Planning Commission's recommendations 758 of the time and he felt this was a very good average. He suggested-that when recommendations are sent to the Board, said recommendations be Spelled out and they• reasons therefor and:that the vote of the Planning Commission members be shown: Mr. Koontz stated that as long as the Planning Commission gives the Board their then decide not to take these recommendations, then that would be their prerogative. best possible recommendations this.ibLall that can be expected. Should the Board Mr. Lang Gordon stated that he felt one of the differences between the two bodies was that the Planning Commission being an appointed body looked at the long range impact of various matters whereas the Board perhaps as elected officials, tends to consider matters on a shorter term basis. He stated that many'of the problems occur where decisions which should have been made five or ten years ago were not made. Dr. Fish stated that he was concerned about the tone of the agenda inasmuch as the wording indicated there were problems. He asked what the problems were. Mr. Koontz stated that he had no faults with recommendations from the Planning Commission as they are now presented. Mr. Cole stated that he felt he must vote according to the wishes of his consituents and his own belief. He further states that he felt a 758 average on Planning Commission recommendations was very good and that any plan should be updated at least every five years. Mr. Berg stated that in talking with several members of the Planning Commission there was a feeling that in many cases where 'Planning Commission recommendations were not followed there was no subsequent feed -back by the Board to "58 the Commission as to why the recommendation was not taken. He advised that the Planning Commission felt there was something lacking in the communications between the two bodies. Mr. Koontz stated that he felt the Board sometimes acted on matters looking at different factors than the Planning Commission and this was as it should be. He stated that it is sometimes difficult to set -forth specific reasons for changing or moderating a recommendation where individuals are concerned. There was a short discussion as tb whether or not specific reasons should be set forth when Commission recommendations are changed or moderated and Mr. Ambrogi stated that this should be left to the discretion of the Board. The matter of the Planning Commission approving routine site plans and sub- divisions was discussed briefly and Mr. Owings stated that he would not be in'" r favor of this inasmuch as the same situation could occur as we now have with the School Board, no control except funding. Mr. Cole agreed with this reasonang.aarid Mr. Rosenberger stated that he felt it was a check and balance system'wherein citizens turned down by the Planning Commission felt they could have recourse through the Board of Supervisors. Mr. Cole stated that as the representatibe from Stonewall District he did not want to give up this right. Mr. Renalds advised that technically, when all requirements are met -the Board must approve these site plans and subdivisions. Mr. Cole stated that as the representative from Stonewall District he did not want to give up this right. Mr. Gordon stated that the Commission felt this suggestion might help relieve some of the lengthy agendas the Board now has and it also was not a request but only brought up for discussion. Board approval of rezoning "requests was discussed and Mr. Ambrogi advised that the Board had wide discretion on rezoning.requests and conditional use permits but according to the Subdivison Ordinance the Board has no discretion if all re- quirements are met. There followed a brief discussion regarding regular meetings between the Board of Supervisors acid the Planning Commission and it was ultimately agreed - that these meetings would be held approximately every four months or at the request of the Planning Commission. Mr. Malcolm suggested that the Board members be given a brief statement re- garding matters about to be put into the mill so that they might be aware of what will be coming up. Mr. Gordon stated that the Planning Commission wanted to know what the Board's feelings were on upgrading the overall appearance of the community by such methods as the proposed sign ordinance,thearevision of the junk car ordinance, etc. The proposed sign ordinance+;was discussed with Mr. Cole and Mr. DeHaven stating that they felt the work on this ordinance should be discontinued inasmuch as the people of the County did not want it and signs are already regulated by state law. Mr. Rosenberger also voiced opposition to this proposed ordinance - .-:t:Dr - . t- Fish. =_ stated that he felt there was a need for such an ordinance but that the present form is too restrictive. He.pointed out several sections he disagreed with and several he agreed with. Mr. Koontz stated that he felt there should be regulations on signs in the County inasmuch as he was interested in preserving the rural'chara and beauty of the County and that he did not wish to make it extremely difficult_ to operate a business through said regulations. Mr. Owings stated that he would [I • • • • E . 5'9 agree with Dr. Fish that there was room for improvement but felt that Board must be careful not to be too restrictive. Mr. Malcolm stated that he would agree to share with the Planning Commission his comments and suggestions on the sections of the ordinance on which he had questions.so that these matters might be worked out before it s.,brought to public hearing. It was suggested that a joint session between the two bodies be held so that an individual from the Highway Department might appraise'the Board and Planning Commission as to what sign regulations are set forth in-the Code. This was agreed upon by the parties present. Proposed revision of the junk car ordinance was discussed. Several members] • of the Board stated that they felt this ordinance would be unenforceable and too restrictive on.iridividual property owners.. Following a brief discussion, Mr. Koontz stated that he felt it was the concensus df the Board to review the state code to determine how it relates to both the sign ordinance and the junk car ordinance. The Board agreed with this statement. The proposed housing plan was then discussed and Mr. Berg explained briefly E the propsoed intention and content of the plan, its goals and objectives. He stated that this is not the same thing the City of Winchester is proposing to adopt in their minimum housing code., He advised that this plan would provide the means should an individual desire to upgrade his housing standards but would not be required by law to do so. Mr. Cole asked if this plan would tie into down zoning; if it was-the. of the Planning Commission to allow an individual's zoning on a pieces of property to be withdrawn. Mr. Brumback explained that this plan would provide a means of control for growth in the County and would allow the Board to provide for the impact at it developes. Mr. Cole asked if the Board could legally down zone an individual's property • and Mr. Ambrogi stated that this would depend upon what has been done with the property; that if nothing has been done over a•.number of years he felt the Board would have the discretion to remove the zoning.. However, if considerable money had been spent, he did not feel the Board would have this right. He added that this would be one point in favor of having a housing plan. Mr. Rosenberger asked how the plan would benefit the County in providing for • the impact on schools and Mr. Berg stated that once the plan is complete it must be implemented; that in-the capital improvement program the Board would set forth the public facilities they plan to construct for the projected population and anyone proposing a rezoning outside of the planning area or a change in density wou be asked to participate in the impact as a result of said development. The five acre lot requirement was discussed inasmuch as many citizens are r purchasing these lots only to find out that there is not sufficient right -of -way for a state road to be constructed and maintained., Following a brief discussion t majority of the Board agreed that the'--Planning Commission should study this matter of right -of -way, grades, curves, drainage, etc. with the idea of setting forth a requirment that said lots must meet the state requirments so that adequate roads might be developed. New industry in the County and its effect on the County-sewage treatment plant was discussed and the majority of the Board felt that the County should encourage clean industry and not those such as chemical-plants. Mr. Koontz advised that the County would be hearing very soon as to whether M * or not any funds would be approved under the County.'s EDA application. He stated that the Board would have.to reexamine their priorities to see whether or not a change should be made. The dry weather conditions and low water table in the County was discussed and Mr. Rosenberger stated that perhaps the Board should be considering a ban on open burning until the situation is alleviated:. Mr. Koontz suggested that perhaps the usage of water should be reduced insasmuch as he had received calls from five individiauls whose wells had gone dry. Mr. Malcolm stated that the meetings of the Lord Fairfax Subarea Health Advisory Council on which he serves as the Boards's representative had been changed to the second Wednesday of the month and inasmuch as this was the date for the second regular meeting of the Board he would not be able to continue service in this capacity.. He advised that he would check further into the matter to determine who might replace him on the Council and report back to the Board at the next meeting. Mr. Koontz thanked all those present for their participation and stated that he felt the meeting would prove to be most fruitful. Mr. Gordon stated that he too felt the meeting would be most beneficial and helpful to the Pla ming Commission. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO-NOW ADJOURN. S retary, Bd. of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on June 8, 1977 in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT:. S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr, Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; And Dennis T. Cole. The Chairman called the meeting to order. The invocation was delivered by the-Reverend Warren L. Reeves of the Stephens City United Methodist Church. APPROVAL OF MINUTES Upon.motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the minutes of the Regular Meeting of this Board held on May 25, 1977 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish „ Will L. Owings, R. Thomas Malcolm, and Dennis T. Cble. SCHOOL BOARD RESOLUTION - FUNDS ALLOCATION FOR USE IN 1976 -77 SCHOOL OPERATING BUDGET - APPROVED Upon motion made Thomas B. Rosenberger and seconded by R. Thomas'Malcolm, WHEREAS, It appears that there will be a shortfall of State Tax Revenues, allocated for School purposes, within the 1976 -1977 School Operating Budget; and, WHEREAS, It is estimated that the County of Frederick Will realize sufficient funds resulting from underestimates of other sources of revenue to offset this • • •• • BE IT HEREBY RESOLVED, By the Board of Supervisors of Frederick County, Virginia that additional local funds in an amount not to exceed $52,000 are hereby allocatdd and authorized for use within the 1976 -1977 School Operating Budget. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger:;..Dr:._:Raymond L'':_Flsh;._Wi.11 L:_Owing, R. Thomas Malcolm, and Dennis T. cole. HIGHWAY DEPARTMENT 0 ROAD VIEWERS REPORTS - ACCEPTED - PRIORITY #3 TABLED After review, Mr. Malcolm stated that he was not satisfied with the re- commendation set forth on Priority #3'wherein landowners would be requested to participate in the cost of construction of the road. - He stated that he felt this might set a pattern future projects. Mr. Malcolm requested that this.priority be tabled in order to provide:;sdfficient .time ;to: ...and woikuoutafufndingiw thhthe developer. 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 Road Viewers reports for 1977 and priorities #1 and #2 as set forth thereon; and, BE IT FURTHER RESOLVED, That the Board does herein table Priority #3 until such time as funding for said project can be worked out. 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. SECONDARY ROADS ARMS SUBDIVI Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request the Virginia Department of Highways and Transportation • to accept into the Secondary Road System the following roads in Stonebrook Farms Subdivision, Sections IV and VI, in Back Creek Magisterial District, pursuant to the provision of Section 33.1 -229 of the Code of Virginia, 1950, as amended: 1. Stonebrook Road from the intersection with Peach Orchard Lane to the South edge of Section IV, containing approximately 0.09 miles. 2. Peach Orchard Lane from the intersection of Stonebrook Road to the cul -de -sac, containing approximately .15 miles. 3.: Greenfield Road from Forest Ridge Road to the end of Section VI, containing approximately .27 miles. BE IT,FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage recorded in Deed Book 460, Page 140, dated March 24, 1976; Deed Book 451, Page 423, dated October 13, 1975; BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways. The above resolution was passed by the following recorded vote: Aye - S Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. -61 P V 62 FOR'SECONDARY ROADS ADDITIONS - FREDERICKTOWNE SUBDIVISONV, SECTION Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County Frederick Virginia, does herein request the Virginia Department of Highways and Transportation to accept into the Secondary-Road System.the following roads in Fredericktowne, Section III, Opequon Magisterial District, pursuant to the provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended: 1. All of Essex Circle - Length .18 Miles 2. Westmoreland Drive from Lot' #19 east to lot #70 - Length .36 miles 3. Caroline Avenue from BedfofdPP.lace to 114 4. Extension of Fredericktown Drive from Bedford Place to Caroline Avenue - Length .27 miles BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Virginia-and unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage recorded in Deed Book 457, Page 510; dated April 16, 1976; BE IT FURTHER RESOLVED, That this request is contingent upon the posting 1 of a proper aiid acceptable bond with the Virginia Department df Highways. 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. - SOUTHVIEW SUBDIVISON SECTION 2 - Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of.the County of Frederick, Virginia, does herein request the Virginia Department of Highways and Trans- portation to accept into the Secondary Road System the following road in Southview Subdivision, Section II, in Shawnee Magisterial District, pursuant to the pro- visions of Section 33.1 -229 of the Code of Virginia, 1950, as amended. 1. Vine Street - Section II - Length .15 miles BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of'. an unrestricted right -of -way of sixty (60) feet with necessary ease- ments for cuts, fills and drainage recorded.. in Deed Book 453, Page 166, Dated June 25, 1977; BE IF FURTHER RESOLVED, That this request is contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, u - FREDERICKTOWN E SECTION II. THE Upon motion made by Dennis T. Cole and seconded by.-Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, R. Thomas Malcolm, and Dennis T. Cole. Virginia, does herein request the Virginia Department of Highways and Trans- portation to accept into the Secondary Road System the following roads in Freder- ricketowne Subdivision, Section II, The Pines, in Opequon'Magisterial District, pursuant to the provision-. Section 33.1 -229 of the Code of Virginia, 1950, as amended: 1. Carroll Drive from Brunswick Road to Buckingham Drive and from Buckingham Drive to Buckingham Drive - Length .24 Miles • • • 2. Chesterfield Avenue from Buckingham Drive to .06 miles South (Cul -de -Sac) - Length .06 miles 3. Brunswick.-Road from Buckingham Drive to Carroll Drive: Length .30 miles. BE IT FURTHER-RESOLVED, That this Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts,.fills and drainage recorded in Deed Boak 413, Page 208, dated July 12, 1973; BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. REQUEST FOR SECONDARY ROADS ADDITIONS - FREDERICKTOWNE, SECTION lA - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, • BE IT RESOLVED - , That the Board of Supervisors of the County of Frederick Virginia, does herein request the Virginia Department of Highways and Trans- portation to accept in the Secondary Road System the Following road in Frederick- towne Subdivision, Section 1A, in Opequon Magisterial District, pursuant to the provisions of Section 33.1 -229 of the Coda.of Virginia, 1950 as amended: 1. Bedfofd Place to cul -de -sac — Length .04 mile • BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage recorded in Deed Book 431, Page 290, dated April =s4, 1974; ;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 passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas'Malcolm, and Dennis T. Cole. ZEIGER SUBDIVISION, SECTION VI - BONDD EXECUTION - APPROVED Mr. Rosenberger requested an update on the status of road construction in r 1 U Section VI of the Leon B. Zeiger Subdivision. Mr. Renalds briefly reviewed the history of this subdivision and stated that the County has held a bond on same for over 1 year; that it has been discovered that there is no contract for construction as set forth by the developer on the redesigned roads in Section VI; and that the developer had promised several weeks ago to begin grading work on the road but to date nothing has been done. Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, n U Virginia does herein direct the County Administrator to proceed to execute the bond currently held on Zeiger Subdivison Section VI, Back Creek Magisterial District in the amount of $18,662.55, in order that construction of roads in said sub- division (Section VI) might be accomplished. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. MR. EARL STROSNIDER ADDRESSES BOARD RE: SANITARY DISTRICTS 0 Mr. Earl Strosnider appeared before the Board and stated that the residents of Lakeside Estates had investigated several methods of have the roads and bridge in their subdivison improved and had found that the most feasible approach would be the establishment of a Sanitary District. He stated that each lot owner would be requested to participate in the cost for said improvements and that the money hopefully could be borrowed from a bank. 63 0 M Mr. Renalds stated that once a Sanitary District is established it becomes the responsibility of the Board of Supervisors. He suggested that the Board investigate this matter more thoroughly before any action is-taken. Mr. Koontz requested Mr. Renalds, Mr. Berg and the Commonwealth Attorney to to the Board. meet with Mr. Strosnider to study this proposal and report their findings back PUBLIC HEARINGS ZMAP #006 -77 OF JIC, LTD. TO REZONE 10.00 ACRES FROM M -2 TO M -1 - APPROVED Mr. Berg presented the rezoning request of JIC,'LTD. to rezone approximately 10.00 acres of land located in Shawnee Magisterial District from M -2 to M -1. He described the proposed use of the prop.Orty and stated that the Planning Commission recommended approval of said request unanimously, with Mr. George Snarr abstaining. Mr. James Sumption, Vice President of JIC, Ltd. appeared before the Board in support df this rezoning request. Mr. Malcolm stated that he was familiar with this tract of land and the proposed use. He stated that the proposed use is in compliance with the Land Use Plan, is consistent.with the uses in the area and he had heard no opposition to this rezoning request. Upon motion made by R. Thomas Malcolm and seconded'by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following rezoning request on third and final reading. ZMAP #006 -77 OF JIC, LTD., 32 EAST MAIN STREET, BERRYVILLE, VIRGINIA, AND BUCKLEY- LAGES, INC., P. O. BOX 231, WINCHESTER, VIRGINIA, HEREBY REQUEST THAT 10.00 ACRES, MORE OR LESS, LOCATED AT THE INTERSECTION OF ROUTES 50 AND 728, NOW ZONED INDUSTRIAL - GENERAL (M -2) BE REZONED INDUSTRIAL - LIMITED (M -1). THIS PROPERTY IS DESIGNATED AS PARCEL NOS. 80 AND 80C ON TAX MAP 64 AND IS IN SHAWNEE MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings R. Thomas Malcolm, and Dennis T. Cole. ZMAP 0007 -77 - C Mr. Koontz announced that the rezoning requests of Mr. C.D. Hylton set L C� lJ • forth on ZMAP #007 -77 had been withdrawn. AN AND I An ordinance to exempt farm animals, machinery and implements from personal property taxation was presented on third and final reading. There was no opposition. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following ordinance on third and final reading: AN ORDINANCE TO EXEMPT FARM ANIMALS, FARM FROM PERSONAL PROPERTY TAXATION , AND FARM IMPLEMENTS Section 1 . Pursuant to Section 6 of Article X of the Constitution of Virginia and Section 58- 829.1:1 of the Code of Virginia (1950) as amended, the Frederick County Board of Supervisors hereby repeals the personal property tax- . levied on farm animals, farm machinery, and farm implements. Section 2 . The exempted taxation shall be effective beginning tax year January 1, 1977. Section 3. Should any section or provision of this ordinance be declared invalid or unconstitutional, such decision shall not effect the validity n U r- � Ong or constitutionality of any other section or provision of this ordinance. The above resolution was passed by the following recorded vote:' Aye - r S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, and'- DbnnisiT. Cole. Nay - R. Thomas Malcolm and Will L. Owings. ORDINANCE - FIRST AND SECOND READING Following a brief discussion on the above ordinance, wherein it was pointed FJ out that Lots B and C had been omitted on the Agenda description of said ordinance, the Board agreed to reintroduce this ordinance on first and second reading at the June 20, 1977 meeting. SECOND BOARD MEETING FOR JUNE, 1977 SET FOR JUNE 20, 1977 Mr. Renalds Advised the Board that a meeting should be held sometime during late June to discuss the project of the Frederick- Winchester Authority. Mr. Koontz stated that he felt the Board members needed further input • from Alexander Potter Associates and the State Water Control Board before a decision is reached on this matter. The Board agreed to meet on June 20, 1977 at 7:OOPP.M. with members of the Frederick - Winchester Service Authority, Alexander Potter Associates and the State Water Control Board to discuss the Service Authority Project. In light of the fact that the above meeting was set, the Board agreed to cancel the second regular meeting for the month of June, 1977. SITE PLAN - TECHNICON INSTRUMENTS CORP. - APPROVED Mr. Berg presented the site plan of Technicon Instruments Corporation-and stated that all requirments had been met on said property and stated that the Planning Commission recommended approval. Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the "Boafdodf Supervisors of the County of Frederick, • Virginia does herein approve the Site Plan No. 013 -77 of Technicon Instruments Corporation, zoned -1, said property located in the Opequon Magisterial District containing 18 acres adjacent to Western Union, fronting Route 11 South, as here - inbefore presented to the Board. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr.'Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Mr. Rosenberger again requested that when recommendations are sent to the • Board from the Planningr"Commission, the votes cast by the Commission members be set forth on said recommendations. Mt.. Berg stated that this would be done on future agendas. SUBDIVISIONS STONEBROOK FARMS - SECTIONS VII AND VIII - APPROVED Mr. Berg presented the plat of Stonebrook Farms, Section VII and VIII, containing 66 lots served by septic tanks and drain fields which have been approved by the Health Department. He stated that the Highway Department and the County Engineering Department had approved the streets and that the Planning Commission recommended approval of said sections with a recreational impact of $111 per lot assessed on said sections. •• There was a brief discussion regarding the lot sizes and the number of homes planned in this subdivision as well as the possibility of a sewerage problem should all the lots be built upon. Mr. Thomas Glass appeared before the in support of this subdivision the Board had not been changed and further that he had studied every thoroughly the geology of this land and could foresee no problem in this area. and stated that the master plan for this.subdivision as originally approved by Mr. Cole requested that the Board look carefully at the next section of this subdivison when it is presented to the Board for approval. Mr. Koontz requested Mr..Berg to do an in depth study on the questions raised by the Board members regarding possible sewerage and water problems . and lot sizes in said subdivision. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the plat of Stone brook Farms Subdivison, Sections VII and VIII, located in Back Creek Magisterial District, containing 66 lots served by septic tanks and drainfields with a recreational impact fee of $111 per The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. LIVESTOCK CLAIMS - GROSS AND WHITE - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following claims for livestock kills as recommended by the Dog Warden: 1. Charles D. Gross, Box 60, Bloomery Star Rt., Winchester, Va. 4 hens at $3.00 each = $12.00 2. Jerry White, P. O. box 221, Stephens City, Virginia 4 laying hens at $3.00 each = $12.00 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Mr. Koontz requested guidance from the Commonwealth Attorney as to the payment for livestock claims in the future inasmuch as the ordinance to exempt (farm animals from personal property taxation had just been passed by the Board. Mr. Ambrogi agreed.-.to report'back to the Board on this matter. REFUNDS COUNTY STICKER FEE - JOHNSON, COLAW, TURBEN, AND HARMON - APPROVED Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick Virginia does herein approve the following refunds for the erroneous purchase of County Automobile Stickers: 1. Thelma Johnson, Stephens City, Virginia - $10.00 2. Albert Colaw, Jr., P. O. Box 186, Stephens City, Virginia - $10.00 3. Mr. and Mrs. Charles Turben, P.O. Box 102, Stephens City, Virginia, $20.00 4. Ed Harmon, 108 North Main Street, Apartment #3, Stephens City, Virginia $10.90 The above resolution was passed by the following recorded vote:. Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will-L. Owings, R. Thomas Malcolm, and Dennis T. Cole. • • E • MONTHLY STAFF REPORT After review, the monthly staff report was accepted. Upon motion made by Dennis T. cole and Seconded by Will L. Owings, BE'iIT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the County Administrator is hereby authorized to make appropriation transfers within County funds for the fiscal year ending June 30, 1977. The. above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. REPRESENTATIVE TO LORD FAIRFAX SUBAREA HEALTH ADVISORY COUNCIL TO BE APPOINTED AT EARLIEST POSSIBLE DATE Mr. Malcolm explained the appointment qualifications to the Lord Fairfax Subarea Health Advisory Council stating that this appointment needs to be made at the earliest possible time. Mr. Koontz requested Mr. Malcolm to submit a nomination for the appointment • r at the next meeting of the Board. APPOINTMENT OF BUILDING INSPECTOR - DISCUSSED Mr. Malcolm asked what the status was on the appointment of a building inspector and Mr. Renalds stated that that the position had been advertised and applications have been received. He-advised that interviews would be held in the next week and an appointment could be expected - befofe the end of June. BAN ON OPEN BURNING IN FREDERICK COUNTY - APPROVED Upon motion made by Thomas B. Rosenberger, and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein impose a ban on open burning in Frederick County until such time as this Board determines that the extremely dry conditions currently being experienced in the County are alleviated. The above resolution was passed by the following recorded vote: Aye - \J I S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. REPORT SCHOOL BOARD LAISON MEMBER Dr. Fish reported that negotiations had been conducted regarding the problem between the Board of Supervisors and the Board of Education over the hiring of a public relations officer by the Board of Education. He asked if the Board wished to pursue this matter further and the Board agreed not to pursue'it further at this time. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. 4' C. T C an Bd Supery EF cretary, Bd. of-Supervisors n 67