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June 20, 1977 to August 30, 1977s o • .. . '' A• :Special :Meeting =of:<:therFrederick County Board of Supervisors was held on June 20, 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 Monday, June 20, 1977, at 7:00 P.M. Frederick County Board of Supervisors' Meeting Room, 9'Court Square, Virginia for the following purposes: 1. Approval of minutes 2. Highway Department Requests 3. Appointments 4. Ordinance - First and Second Reading 5. Resolution - County Seal Contest 6. Discussion Regional Sewerage Facilities 7. Plat Revision 8. Such other business as may come before the Board. Signed and attested this 20th day of June, 1977. in the Winchester, /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 /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney ATTEST: /s/ J. O. Renalds, III J.. O. Renalds, III Clerk of the Board of Supervisors 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 Special Meeting of this Board held on June 6, 1977 and the Regular Meeting held on June 8, 1977 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosehberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole." HIGHWAY 'DEPARTMENT ROAD VIEWERS PRIORITY NO. 3 APPROVED WITH MODIFICATIONS Mr. Malcolm stated that Road Viewers Priority No. 3 had been tabled at the last meeting so that financing of the project could be worked out and that in • • r1 LJ • d W J accordance withaa letter from Mr. Jim Wilkins and discussions with the Highway Department, this problem has been resolved. Upon motion made by R. Thomas Malcolm and seconded by will L. Owings. L • BE IT RESOLVED, That the Board of Supervisors of 'the County of Frederick, Virginia, does herein approve-Road Viewers Priority Number 3 for 1977 with the modification that said project be financed 258 by the Developer, Mr. James R. Wilkins, Sr., and the remainder (758) by Highway Department funds. 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. C01e. ROAD, FREDERICKTOZ-VNE TO SECONDARY HIGHWAY Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, I • Virginia does herein request the Virginia Department of Highways and Transportation to accept into the Secondary Roads System, Buchanan Road, Fredericktowne, Section I, in Opequon Magisterial District, a length of .13 mile, pursuant to the pro= visions of Section 33.1. -229 of the Code of Virginia, 1950, as amended; and, of Virginia an unrestricted right -of -way of sixty (60)' feet with necessary ease- BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth ments for cuts, fills and drainage recorded in Deed Book 361, Page 601 dated March 11, 1970; 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. PLANNING COMMISSION APPOINTMENT CARRIED FORWARD At the request of Mr. R. Thomas Malcolm, and the appointment to the .• 1 • Planning Commission to fill the unexpired term of Mr. George Snarr, was carried forward to the next meeting. APPOINTMENT OF T-AYLOR, JR. TO LORD FAIRFA) HEALTH 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 herein appoint Mr. Robert E. Aylor, Jr., to serve as Frederick County's representative on the Lord Fairfax Subarea Health Advisory Council to fill the unexpired term of Mr. R.'Thomas Malcolm. 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 TO COUNCIL LORD FAIRFAX COMN The Board agreed to carry the appointment to the Council on Alcoholism, Lord Fairfax Community, Inc. forward to the next meeting. AN AMENDMENT TO THE FREDERICK COUNTY ZONING MAP I:CF4= The following zoning map amendment was read on first and second reading: 7.0 AN AMENDMENT TO THE FREDERICK COUNTY ZONING MAP, ADOPTED NOVEMBER:.1, 3973 AS AMENDED, TO ADJUST THE LINE BETWEEN THE BUSINESS - GENERAL (B -2) AND! RESIDENTIAL - GENERAL (R -3) ZONES ON BOTH SIDES OF ROUTE 522 NORTH IN SUNNYSIDE STONEWALL AND GAINESBORO MAGISTERIAL DISTRICTS, FROM THE WINCHESTER CITY LIMITS TO THE INTERSECTION OF ROUTES 522 AND 37, AND TO AMEND THE ZONING OF LOTS 1, 2, 5, B AND C AND 32 -50 OF SHENANDOAH HILLS SUBDIVISION, STONEWALL MAGISTERIAL DISTRICT, FROM �(B -2) TO RESIDENTIAL- LIMITED (R -2). Mr. Koontz requested the Board members to visit the areas set forth in the proposed 'amendment so that they might be prepared to discuss the proposed S . PROPOSED CONTEST TO ESTABLISH COUNTY SEAL DISCUSSED Mr.'Malcolm proposed a resolution to hold a contest to have established a for the County. There followed a short discussion as to whether or not the currently affixed to legal documents or the seal of the Circuit Court could adopted as the offical County Seal and the Board requested Mr. Ambrogi to research s matter and report back to the Board. DISCUSSION OF REGIONAL SEWERAGE FACILITIES'WITHDRAWN Mr. Renalds advised the Board that the Frederick - Winchester Service ":Authority been recently advised by the State Water Control Board that two important istics of the regional waste -water discharge, phosphorous and unoxidized trogen, will not be limited, as they had been under the previous effluent limi- , and that one effect of this relaxation of limits will be to reduce both tal and operating costs of any new facility. He further advised that this information will require another cost - effective analysis of treatment, in- luding the use of existing'County aiid City facilities, and therefore he re- ommended that this matter be removed from the agenda until such time as more ific information is received from the consulting engineers. The Board con- ed with this recommendation. STEPHENSON WATER PROJECT ESTABLISHED'AS EDA PROJECT PRIORITY NO. 1 Mr. Koontz stated that Frederick County would receive $341,000 from EDA that the Board must establish priorities for'this money. He stated that he not feel the proposed new high school should remain the number one priority as it is such a large project and the amount of money we will receive is small in comparison. Mr. Koontz adivsed that the revised application must be itted within 28 days and therefore a decision must be reached by the Board ght in order to allow time to complete the appliction.. Mr. William D. Pike, Director of Parks and Recreation, appeared before the d and requested that a swimming pool at the Stephens City park be selected as first priority for the EDA funds. He cited several deficiencies in the Countye'_s eational facilites and stated that a pool would serve all the people and not a few Mr. James Diehl, chairman of the Frederick County Sanitation Authority, before the Board and requested that a water project for the Clearbrook- tephenson area be selected stating that these citizens have a serious problem th contamination of their wells. Mr. Cole stated that the residents of this area have been asking for water many years and have been'promised assistance many times. Mr. Chuck Maddox, consulting engineer for the Sanitation Authority, described project and stated that $341,000 would take the water to the Stephenson area. Mrs. Carol Legge appeared before the Board representing a delegation of sidents from the Lone Oak Subdivision and presented a petition containing 103 . 1 is U tures requesting water service to their area inasmuch as several wells have 71 gone dry and in many cases the water is not suitable'for human consumption and is very difficult to locate. Mr: Diehl stated that the Sanitation Authority has a-.-preliminary study if this area, but he did not feel all the necessary plans and approvals could be obtained in time to submit this project for EDA funding. He stated that the Sanitation Authority would try to prove feasibility to go into this area. There was a brief discussion regarding the possibility of securing an FHA loan for this project. Mr.-Ken Stiles stated that he did not feel the Board had enough information • to make a decision on this matter nor had they received enough public input. Mr. Stiles stated that he would be opposed to building a swimming pool with these funds. Mr. Sam Lehman, President of the Frederick County Taxpayers Association, appeared before the Board and stated that the Taxpayers Association did not feel the money should be spent to build a swimming pool.nor to subsidize a water project which would serve only a few residents. Dr. Fish stated that he would like to have a project which would serve L • all the people and not just a limited number. He suggested that perhaps the Board should consider other alternatives before making a decision. Mr. Rosenberger stated that he felt the project should benefit everyone. He asked if perhaps capital facilites improvement could be considered. Mr. Koontz stated that there was not time to consider a new project inasmuch as the application was quite detailed and must be submitted in a very short time. He stated that both the Parks and Recreation project and the Sanitation Authority project could meet the requirments and deadline for EDA funding. Mr. C. Robert Solenberger suggested that perhaps the County might want to •. ' use these funds to join the City in the renovation project of the Handley Library inasmuch as it serves County citizens as well as City citizens. Mr. Koontz advised that the City had submitted this project on one of their EDA applications and now is faced with the same problem as the County, that of establishing their priorities. Mrs. Geraldine Bushong stated that the felt the first priority should be water and sewer even though it would not serve as many people as a swimming pool. Mr. Leslie Heishman stated that he felt the County should have some type of contingency plans so that" - grant applications might be completed without the woriyy of meeting deadines. Mr. Cole stated that he felt Board had two choices, either the Parks is and Recreation project or the Sanitation Authority projects, but that he also felt something must be done for the people in the lone Oak Subdivision. He further stated that he felt the first priority should be the Stephenson water project inasmuch as these people have a severe problem and have waited for more than four year for relief. Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board does hereby approve the following project for submission of a grant application to the Economic Development Administration of the U. S. Department of Commerce under the local Public Works Capital Development and Investment Property Program, Round #2: 0 72 1. Stephenson Water Project EDA Federal Funds $341,000 BE IT FURTHER RESOLVED, That the Board hereby: (1) certifies that the required clearances and permits will be granted for the above stated project; (2) certifies that no funds budgeted and available or otherwise specifically committed for the project applied for in the application shall be reduced, diminished, or replaced by funds requested in this application; (3) certifies that the share of the financial assistance not applied for has been properly approved, is immediately available for the project, and that the project meets all applicable statutuory and other relevant requirements of -law; (4) certifies that construction of the project has not been initiated; (5) certifies that the proposed project relates to existing local and regional development plans and programs; (6) certifies that the proposed project can be under construction within 90 days of project approval, and, BE IT FURTHER RESOLVED, That the Board hereby assures and certifies that It shall comply with the regulations, policies, guidelines and requirements, including Office of Management and Budget Circular No. A -95, and Federal Management Circulars; 74 -4 and 74 -7, as they relate to the application, acceptance and use of federal funds for this federally- assisted project; and, BE IT FURTHER RESOLVED, That the Board does hereby certify to the listing lof assurances as set forth by•the Economic Development Administration; and, BE IT FURTHER RESOLVED, That the Board does hereby certify to the listing of assurances as contained in the application. 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. CAPITAL FACILITIES IMPROVEMENT PLANS TO BE INITIATED Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein request the Capital Facilities Improvement :Committee to commence work on the planning and design of capital facilites to alleviate the overcrowded. condition of the Courts and offices of the Constitutional Officers. The above resolution 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. TO BEGIN:'FEASIBILITY STUDY FOR WATER The Board requested the Sanitation Authority to begin work as soon as possible on a feasibility study to provide water to the Lone Oak Subdivision area. Mr. Diehl stated that the Sanitation Authority would begin work on this request at their next meeting. PLAT REVISON - AIKENS SUBDIVISON - APPROVED Mr. Berg presented the proposed plat revison of the Aikens Subdivison stating that the matter is routine and will combine several lots to create two larger ones. Upon motion made:iby Dennis T. Cole and seconded by R. Thomas Malcolm,- BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, IVirginia does herein approve the plat revision of Aikens Subdivison located on Route 672 in Stonewall Magisterial District to combine Lots 1, 2, 3, and 4 in • i • • lorder to create Lots 53A and 54A. 73 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. COMMONWEALTH ATTORNEY REQUESTED TO DRAW UP ORDINANCE BANNING MASSAGE PARLOURS IN FREDERICK COUNTY Mr. Koontz asked the Board consideration in requesting the Commonwealth Attorney to draw up an ordinance banning massage parlours in- Frederick County. The Board concureed and therefore requested the Commonwealth Attorney to draft such an ordinance for consideration by the Board. BAN.LIFTED ON BURNING IN FREDERICK COUNTY Mr. Rosenberger stated that he felt the County had received sufficient moisture • to minimize the severely dry conditions previously experienced in the County and therefore the ban on burning might be lifted by the Board. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia does hereby lift the ban onr. burning in the County previously imposed by this Board of June 8, 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. ESTABLISHMENT OF TRUST FUND TO RECORD Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that the County Administrator is hereby authorized-to have a Trust Fund established in the accounting records of the County for the purpose of recording proceeds from performance bonds executed by the County and for recording ex- penditures thereof; and, BE IT FURTHER RESOLVED, That the County Administrator is hereby • to expend said funds in an amount not to exceed the amount of the bond.or bonds. 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. JULY 20, 1977 ESTABLISHED AS BOARD MEETING DATE FOR JULY 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, • irginia does herein cancel the Regular Meetings of the Board set for July 13, 1977 and July 27, 1977 and does establish the date of July 20, 1977 as the date for July. The above resolution-was passed by the following recorded vote: Aye - L S. Roger "Thomas B. Rosenberger, Dr. Raymond.L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. CONTRACT - SUMMER YOUTH PROGRAM - RECREATION DEPARTMENT - APPROVED Upon motion made by .'.:Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County <- Board of Supervisors, that the agreement between the Virginia Employmeht•Commission, CETA Balance of State Prime Sponsor and the County of Frederick, Virginia, is hereby approved in the amount of $931.00.' for a Summer Youth Recreation Program and that the County.' Administrator is authorized to execute this contract on behalf of the Board; and, r 7'4 BE IT FURTHER RESOLVED, That the following 1977 -78 budget adjustment hereby authorized. General Revenue Fund:: (Increase Revenue Estimates) 05 -6870 Other Federal Aid - County $931.00 General Operating Fund: (Increase Appropriations) 18 -18F3 -130 Compensation of Supervisors $340.00 18- 18F3 -399A Miscellaneous Supplies 591.00 Total: $931.00 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas S. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. AGENCY ON AGING - Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Frederick County Board of Supervisors that the contract between the Shenandoah Area Agency on Aging, Inc., and Frederick County, Virginia dated June 27, 1977 in the total amount of $7335:00 is hereby approved by this Board and that the County Administrator is authorized to execute this contract and then required assurances on behalf of the Board; and, BE IT FURTHER RESOLVED, That the local portion of said funding in the amount of $195.00 shall be in the form of a soft - match; and, BE IT FURTHER RESOLVED, That the following 1977 -78 budget adjustment is hereby authorized: General Revenue Fund: (Increase Revenue Estimates) 05 -6870 Other Federal Aid - County $7,140.00 General Operatin Fund: (Increase Appropriations) 19 -18F3 -499 Equipment '(Grant Funds) $7,140.00 The above resolution:was.passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Thomas B.,Rosenberger, seconded by R. Thomas Malcolm, and passed unanimously, the Board retired into Executive�.Session to discuss a 1 matter in accordance with Section 2.1344(a) of the Code of Virginia, 950, as amended, BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Will L. Owings,.seconded by Dennis T. Cole and passed ly, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by -Will L. Owings, seconded by Dr. Raymond L. Fish,. and ssed unanimously the Board reconvened into Regular Session. APPOIN TMENT OF CARROLL R. BROWN AS DIRECTOR OF INSPECTIONS - APPROVED 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 confirm the appointment by the County Administrator of Mr. arroll Ray Brown as the-Director of Inspections for Frederick County at an annual alary of $14,000, said appointment and salary become effective June 21, 1977.• The above resolution was passed by the following recorded vote: Aye - . Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, Thomas Malcolm, and Dennis.T. Cole. FI • • 1] 0 Mr. Rosenberger suggested that in the very near future the Board Members meet with Mr. Brown to discuss some of the problems recently experienced in the • E Department of Inspections. Mr. Koontz requested Mr. Renalds to set up such a meeting. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOWVADJOURN. 1/ S retary, Bd. of Supervisors A Special Meeting of the Frederick County Board of Supervisors was held on July 20, 1977 in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. ABSENT: S. Roger Koontz, Chairman. The Vice Chairman called the meeting order. INVOCATION The invocation was delivered by the Reverend Arnold Vaught of the Winchester Center Friends. 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 Special Meeting of this Board held on June 20, 1977 as submitted. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. HIGHWAY DEPARTMENT Mr. Malcolm asked if it was the policy of the Highway'Department to number roads rather than name them and Mr. Cole advised that roads can be named if the Board of Supervisors so requests. OUTDOOR FESTIVAL PERMIT - S. G. KEPHART - APPROVED f� Mr. S. G. Kephart appeared before the Board in support of his outdoor festival permit. Mr. Renalds stated that the permit application was in order. There was no opposition to this application. 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, 1. Virginia does herein approve the applicatioarfor Outdoor Festival Permit of Samuel G. Kephart in accordance with the application submitted by Mr. Kephart for the dates of September 2, 3, 4 and 5, 1977. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. :75 9 76 TREASURER,= PREQUEST FOR POSTAGE METER - REFERRED TO FINANCE COMMITTEE Mrs.•Dorothy Keckley, Treasurer, appeared before the Board and requested a postage machine for use by the Commissioner of Revenue, the Clerk of the Circuit Court and the Treasurer stating that the mailing process as it is currently operated does not meet their requirements for handling their heavy bulk of mail. Mrs. Keckley and Mr. George Whitacre, Clerk,.requested notification of meetings of the Finance Committee and Mr. Rosenberger advised that henceforth they would be notified of said meetings. L 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 refer the request of the Treasurer for a postage meter for use by the Commissioner of Revenue, Clerk of the Circuit Court and Treasurer, to the Finance Committee for consideration and recommendation to the Board of Supervisors. The above resolution was passed by the following recorded *vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. CONDITIONAL USE PERMIT #005 -77 - BATTLE OF CEDAR CREEK CAMPGROUND - APPROVED Mr. Berg presented the application for conditional use permit of W. D. Cornwell and Douglas Cornwell for the Battle of Cedar Creek Campground and des- cribed the location and proposed use of the property. Mr. Louis Costello appeared before the Board representing the petitioners and stated that the application is for 45 spaces to be constructed in the imm- ediate future. He stated that the petitioner may request additional spaces in the future but this would have to be approved by the Board. He stated that they were not applying under the MH -1 District for house trailers and that the only = inr.the:areaawereethbse currently located at Belle Grove. He advised that the application is made under A -1 zoning for travel trailers and that there would be underground water and electricity with a hook up on each space:. Mr. Costello stated that the only travel trailer campground permit granted by the Board has been granted to the County itself. He described the need for this type facility stating that the location of the property is the best to be found in Frederick.County. He pointed out theteasy accessibility to the property from several highways in the area. Mr'. Costello advised that approval has been received from the Health Department and the campground must be operated under Health Depart- ment rules and rbgulations. He stated that while the County would receive revenue from this campground, there would be no cost to the County for water and sewer services or education. The land, according to Mr. Costello is not suitable for farming or development and the best use for the property would be a campground facililty. He then presented a petition containing 100 signatures of residents in favor of the proposed campground. Mr. Costello stated that only a small portion of the property is visable from the road and that it cannot be seen from Belle Grove Manor House. 0 • • • i • • • • 11 r 77 The second point Mr. Costello presented dealt with the alleged damaged to historic property should the campground be approved. Mr. Costello stated that nothing historic significance happened on this property during the Battle of Cedar Creek and therefore nothing'of historic value would be destroyed.. Mr. Woody Legge appeared before the Board in support of the proposed camp- ground stating that there'is a drastic need in'this aiea for this type facility and this it would create a source'of revenue for the County. Mr. Joe Fisher appeared before the Board and stated that he owned the property between Belle Grove and the proposed campground and was in favor of the facility. He stated that he did not feel the campground would in any way harm Belle Grove and that the property in this area is in dire need of attention. Mr. Elwood Patterson, President of the Valley Camping and Trailer Club stated that his organization supported the proposed campground 1008 as they felt it was needed in this area and they did not feel it would hurt the historic value of Belle Grove. Mr. John Pickeral appeared and stated that he was concerned with sound planning and zoning in the County and since the property was not suitable for farming or development,' he felt the development of a campground would make it a valuable piece of property which would return revenue to the County with a minimum require- ment for services. He stated that he was concerned about Belle Grove telling other property owners what they could do with their property. Mr. Pickeral stated that he felt the County had been more than fair with Belle Grove when taxes are set aside for them. Mr. Larry Bari, Mr. Larry Miller, Mr.T•Lou a ?Arey, and Mr. Loring Carper appeared before the Board in support of said application stating that they felt this facility was needed in the County and would be the best use for the property inasmuch as it was not suitable for farming or development. Mr. Richard Rabun appeared before the Board and stated that he was appearing as an officer of Belle Grove Corporation and not as an attorney. He statedtthat'•.:. he was appearing as an officer of Belle Grove Corporation and not as an attorney.' He stated that he felt the Board had an obligation, created by its own legis lation, the zoning ordinance, as to what should be considered on an application J for a conditional use permit. He advised that campgrounds are not permitted in the A -1 zone except through a conditional use permit and that he did not feel a permit should be issued simply because all the technical requirements had been met. He requested that the Board consider carefully the Planning Commission recom- mendation:sin this matter and not approve the conditional use permit inasmuch as he felt it would be less restrictive than the other uses permitted in A -1 zoning. Mr. Rabun stated that the proposed area for the campground consisted of twenty - five acres and this is too small. He stated that this is an unspoiled area and the Board should consider that Cedar Creek one of the cleanest streams in the State of Virginia. He stated that Belle Grove had already discovered camp fires on their property and that he felt the Board should consider the historic Sig- nificance of this area and the damage which could be caused by campers tres- passing upon their property. Mr. Cole stated that he had not found many campgrounds ..df: :�than' five acres and he felt this amount of land was adequate for the intended use. Mrs. Laura Pifer appeared before the Board representing the Fredeirck County Environmental Council and presented the following letter in opposition to the application for conditional use permit. • July 20, 1977 Dear Mr. Renalds and'Members of the Board of Supervisors, I am writing on behalf of the Frederick County Environmental Council, Inc., in regards to the proposed campground near Cedar -Creek and Belle Grove. - TheclCouncilt:s?offi,cerscandr-Board of').Directors voted on June 29th to support the opposition to the proposed campground. The.Council feels that there are many factors to be considered among which are: 1. Location: Belle Grove is an area of historical value to our county by not only bringing in tourists but also in that it offers an on- the -site history review for the residents of our area as well. Such sites as thevonly unmarred battlefield to be found in this area would only be over -run by campers who can not be adequately policed. 2. Although.Frederick County is growing - rapidly, and although it m p the facilities of a campground, the Council felt that such a possible need should be weighed very carefully before making a decision. If Frederick County is going to accommodate everyone and their needs, then there will be nothing loft of the farmland-from which so many residents make their living; nor will there be anything left of the rural image that Frederick County has to offer and which so many of us have come to this county to enjoy. 3. If the decision is one of the need of such a campground, then the residents present should be given top priority with the location of the project in an area where it would not have an adverse effect yet is accesible to the major highways. 4. The ground The matter of septic systems and bath houses with showers should be given careful consideration. From all practical standpoints, it does not seem feasible that the ground can withstadd dumping from either overnight campers or those campers just passing through who need to empty their facilities. 5. Cedar Creek: The matter of Cedar creek itself is of vital importance sine a the waste materials would be directly emptying into this. This county does not need another polluted stream of water. For these reasons, the Council feels that this project in its proposed location would be a detriment to this County. Therefore, we urge you not to give your approval to this matter tonight. Thank You. Sincerely Laura F. Pifer Council President Mr. Sam Lehman, representing the Frederick County Taxpayers Association, appeared before the Board and stated that there was no guarantee that adequate sewage treatment could be provided for this facility and no guarantee that a traffic hazard would not be created. He stated that this development would be contrary to the recently approve Land Use Plan and this it could help to raise taxes in the County. Mr. Irvin O'Connell stated that he was concerned about the possible pollution of Cedar Creek should this conditional use permit be approved. He stated that he felt the creek couldehandle 45 spaces but would question whether or not could handle a total of 123 spaces. Mr. Mark Downey appeared representing his mother, a property owner in the area, and presented the following letter in opposition to the application for conditional use permit. Gentlemen: This letter is in reference to the recent proposal of a 45 -unit travel trailer campground which would be located in the southernmost section of Frederick County on Route 11. This campground is being proposed by developers Woodrow and Douglas Cornwell. My home stands directly across the creek from this campground on Route 11, in Shenandoah County on the Cedar Creek Battlefield. I am also a taxpayer in Frederick County. It is at this time that I would like to voice my objection to a development of this kind on the battlfield - area. Written records show that there are five major battlefields in Frederick County and that the Cedar Creek battlefield is the one left untouched. This proposed campsite would be located entirely on,Cedar Creek battlefield. In my objection to the proposed compground project I would like to make the following personal observations: • is • 1. Liability - -It would be virtually impossible to keep campers at this 79 r n LJ I u over -night site from tresspassing on my land as the creek flows shallow - between us. Inquisitive travelers would undoubtedly be wading and swimming in the creek which in places hides a number of deep mud holes. Over the past number of years we have had undue problem,with:nmetal detection enthusiasts, and as this campsite is part of the battlefield as in my land, I forsee the possibility of a higher rate of this occurrence. Therefore, regarding liability with my insurance company I have learned I am-liable for accidents which may occur on my land. 2. Pollution - -Also, to be considered is the possibility of this campsite not being able to meet the requirements of adequate sewage disposal. In the event of any sewage riunofif Creek would be the only escape route for such waste. Due to the fact that I have cattle which rely on cedar Creek for their main source of Watering I feel that this would not create a very healthful or pleasant situation. In the early 1970 this stream was approved by the State of Virginia as a scenic.waterway and has been labeled as-the number one stream which still exists in its free flowing state. In August 1959, following public hearings and studies of proposals for alternate routes, the Virginia department'of Highways changed Interstate Highway 81 to its present location in order that parts of this historical area would not be disturbed. These parts included my home "Stickley House ", two early 1700 mill ruins, and the marked grave of a Confederate soldier. I bring these facts to your attention, gentlemen;., with the hope that I might be able, in my plea for the tranquillity and dignity of my ancestral home, to prevent the noise and distrubance and any other campsite- related problems from upsetting any part of the aesthetics of the Shenandoah Valley, in particular, the Cedar Creek battlefield. , I urge that you oppose this campground and ask that you make this letter as' part of the official hearing of the board of supervisors meeting scheduled for July 20, 1977. Yours very truly, Mrs. Roy M. Downey adjoining landowner Mr. George Smith appeared on behalf of the National Trust for Historic c, t Preservation and stated that the National Trust for Historic Preservation and stated that the National Trust would be unalterably opposed to the development of this property inasmuch as historic events had taken on the property and he stated that the boundary line for the historic landmark for the.Battle of Cedar Creek and Belle Grove had been established by the Department of the Interior. He asked if this proposal met the best interest and needs of the people of the County. He asked if it would create jobs, increase the payroll, or add to the economy of the County. He asked what amount of revenue this development would produce .County....and' what :benefit'-.it'.would be for the young or elderly people of the community. Mr. Smith stated that lands of the National Trust for Historic Preservation statute are exempt from the payment or real estate taxes. He advised that he • did not feel anyone should be exempt from taxes and that Belle Grove had voluntarily paid taxes until recent years.. Mr. Costello appeared in rebuttal and stated that he felt the image presented of campers by the opposition was improper argument and could not be demonstrated. He again reiterated that his research had shown that nothing historic had occured on this particular piece of property. Mr. Costello stated that twenty -five acres is adequate for a campground and he presented a soil study which had been prepared by Mr. John Kane showing that the property could adequately handle the sewage for such a facility. He stated that there was not a better place in the County for this facility and that the applicants had met all the requirements for a con- ditional use permit. Mr. Rabun stated that the conditional use permit Mr. Cornwell is seeking comes under the Zoning Ordinance wherein there are conditions which must be met. He stated that Mr. Cornwell knew when he purchased the property it was not approved I for a campground and he have to get Board approval to develop the property. U 0 0 Mr. Malcolm advised that the campground permit previously issued by this Board had not been for the County per se, -but for the4?rederick County Fair Association. He then asked Mr. Berg if the proposed plan violated the Land-Use Plan and if Health and Highway Department approvals had been received:: Mr. Berg advised that the proposal did not violate the Land Use'Plan and that both Health and Highway Department.-.approvals had been received. Mr. Malcolm then asked how the property was zoned and whether or not a campground was permitted in this zone with a conditional use permit. Mr. Berg advised that the property was zoned A -1 and that campgrounds are permitted in this zone with a conditional use permit. Mr. Malcolm then asked if Mr. Berg felt the Planning Commission needed more time to study this proposal and Mr. Berg stated that he did not. Mr. Malcolm asked if the Gettysburg Park campground was located on or adjacent to the battle ground property and a gentlemen in the audience stated that it was ].located on the battlefield property. Mr. Malcolm asked what the liability is if someone is hurt while trespassing on someone else's property and Mr. Ambrogi advised that there would be no liability unless the person hurt is an invitee or guest or unless the property owner was responsible or contributed to the injury. Dr. Fish stated that he felt the question was whether or not we are destroying something which should be preserved for posterity. Mr. Eleanor White stated that Belle Grove had not had time to work on plans for the property donated by Mr. Glaize and that they hoped toaapply for COR funds to develop the property. Mr. Malcolm asked Mrs. White if there was a plan by Belle Grove for a rec- reational facility and Mrs. White stated that it would be a controlled development as a state park. W. Cole then moved to approve the application for conditional use permit for 45 spaces with the stipulation that if any complaints are received concerning the health or welfare of the County the permit will be reviewed by the Board. This motion was seconded by Will L. Owings. Mr. Malcolm stated that he felt it should be understood that if this permit. is approved, it does not mean that the next application will automatically be approved and stated that this would be a vote on this matter and not a blanket approval. Dr. Fish stated that he felt the motion should include a condition to pro- hibit transient dumping at the dump station on the property; that the dump station will be used only by campers in the park. Mr. Cole agreed to amend his motion to include this recommendation. 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 Conditional Use Permit No. 005 -77, for the Battle of Cedar Creek Campground (W.D. Cronwell and Douglas Cornwell), located on Route 11 South:lat Cedar Creek in the Opequon Magisterial District with the following stipulations: 1. The Conditional Use Permit is approve for .'forty -five (45) spaces only 2. Any complaints received concerning the health or welfare of the County shall cause said permit to be reviewed by the Board of Supervisors. 3. The dumping station will be used by campers in the campground and will not be used by transient campers. 9 • • • • The above resolution was passed by the following recorded vote: Aye - • Thomas B. Rosenberger; R. Thomas Malcolm, Will L. Owings, and Dennis T. Cole. Nay - Dr. Raymond L. Fish. F.;BL - - PUBLIC 'HEARINGS AMENDMENT TO THE FREDERICK COUNTY AMEND THE ZONING OF LOTS Mr. Berg presented the proposed amendment to the Frederick County Zoning Map stating that the section dealing with the Sunnyside Area should be stricken inasmuch as this has not yet been completed. He advised that the Board would be considering only the section dealing with Shenandoah Hills Subdivison. Mr. Berg presented the Planning Commission recommendation and vote on this matter stating that the Planning Commission recommended approval of this amendment. Mr. Cole stated that he had talked with several residents in the area and they were opposed to this amendment. Mr. Jim Wilkins appeared before the Board and requested that the zoning L be kept as it is. He 'stated that the master plan for this property has been approved for several years and that he has spent considerable time and money in preparation for development of the property. He presented a sketch of the building proposed to be constructed on the property and described the development stating that'-it had not been done sooner inasmuch as water and sewer service was not available. Mr. Wilkins presented letters from several landowners in the area who were opposed to this amendment and also letters from several landowners who had reversed their position and are now in favor of the development of the property as he now plans. It was ordered that the letters be-made a part of the record and kept on file in the office of the County Administrator. Mr. Lewis McDonald appeared before the Board and stated that he was opposed • to the zoning amendment and could see no point in changing the present zoning. There followed a brief discussion as to the feasibility of having Lots A and B remain B -2 and amending the zoning of the other lots to residential. Mr. Wilkins advised that if this was done, he would not be able to proceed with the development of the.property because he could not meet the area requirments. Mr. Cole stated that he would have to vote in accordance with the wishes of the majority of the people in the area on-this matter. 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 deny the following zoning map amendment, on third and final reading: AN AMENDMENT TO THE FREDERICK COUNTY ZONING MAP ADOPTED NOVEMBER 1, 1973, AS AMENDED, TO AMEND THE ZONING OF LOTS 1, 2, 5, B AND C, AND 32 -50 OF SHEN- ANDOAH HILLS SUBDIVISON, STONEWALL MAGISTERIAL DISTRICT, FROM BUSINESS - GENERAL (B -2) TO RESIDENTIAL - LIMITED (R -2). The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. AN ORDINANCE TO VACATE SECTION V - a rzvrl i I :.r Mr. Renalds.reia "'.the - ordinance:to vacate Section V of the Leon B. ZeigeI Sub- division in full. There was no opposition. 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 following ordinance on third and final reading. AN ORDINANCE TO VACATE SECTION 5 OF THE LEON B. ZEIGER SUBDIVISON LOCATED IN THE BACK CREEK MAGISTERIAL DISTRICT OF FREDERICK COUNTY AS RECORDED IN DEED BOOK 458, PAGE 284 WHEREAS, Title 15.1, Chapter 11, Article 7, Sections 15.1 -481 and 15.1 -482 of the Code of Virginia (1950) as amended, provides for the vacation:,of ;plat; and, WHEREAS, In excess of a one year period has elapsed since plat approval without any lot sales or beginning of construction; BE IT ORDAINED, By the Frederick County Board of Supervisors that the entire plat of Section 5 of the Leon B. Zeiger Subdivision located in Back Creek Magisterial District of'Frederick County, Virginia be hereby vacated altogether Should any article, section, subsection or provision of this ordinance be declared by a court of competent jurisdiction to be invalid. or unconstitutional, such decision shall not affect the validity or constitutionality of this ordinance as a whole or any part thereof other than the part so declared to be invalid or un- constitutional. This ordinance shall be im..fiull force and effect upon adoption and a copy of this ordinance of vacation shall be recorded in the office of the Clerk of the Circuit Court of Frederick County upon adoption. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. SITE PLANS: ALLIED ENGINEERED PRODUCTS, INC:', - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented the site plan of Allied Engineered Products, Inc, and described the proposed development. He stated that the Planning Commission had recommended'approval of said site plan. 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 Site Plan No. 017 -77 of Allied Engineered Products, Inc. to construct an 18,125 foot industrial plant fronting Route 50 East, in the Industrial Park 3eveloped by JIC, Limited in the Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Aye — Thomas•B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm; and Dennis T. Cole. CERRO METAL PRODUCTS - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented this site plan for the first phase of Cerro Metal Manu- facturing Plant and described the proposed development. He stated that the Planning Commission recommended approval of said plan. There was a brief discussion as to the noise level generated by this operation and Mr. Owings stated that he had visited a similar plant and did not feel the noise level would be objectionable. 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 Site Plan No. 022 -77 of Cerro Metal Products, to • is • n U i LOM construct a 25,640 square foot manufacturing plant in the Stine Industrial Park in the Stonewall Magisterial District. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. SUBIDIVISON: DOUGLAS L. WHITACRE LOTS - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mri.Berg presented the Douglas L. Whitacre Lots Subdivison and stated that the Planning Commission recommends approval. Dr.:% Fish stated that it is proposed that the property be divided so that a • house can be built where there is now -a trailer. He advised that there is already house on the property. 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, J Virginia does herein approve the Douglas L. Whitacre Lots, consisting of two lots fronting the relocated Rt. 127 in Gainesboro Magisterial District, zoned A -1, and Health and Highway department approved. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L Fish, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. RIDGEFIELD, SECTION I - OPEQUON.MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented the Ridgefield Subdivision, Section I consisting of 49 lots and stated that all approvals had been received. He stated that the Planning Commission recommended approval of this subdivision, with a recreational impact fee of $111 per lot. Mr. Harry F. Stimpson, Jr. appeared before the Board.in support of his sub- 0 �J division and assured the Board that there would be no problem with right -of -way to the property located behind the subdivision and that the roads would be built to state secondary roads standards. Dr. Fish asked why there was an un- numbered lot shown on the plat and Mr. Stimpson stated that this was obviously a misprint and should be numbered 39. 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 Ridcjefleld Subdivision, Section I containing'49 lots with central water and sewer, located adjacent to Route 277 and The Meadows in the Opequon Magisterial District, subject to a recreational impact fee of $111 per lot. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, land Dennis T. Cole. APPOINTMENTS: APPOINTMENT OF W. FRENCH KIRK TO PLANNING COMMISSION - APPROVED 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 appoint Mr. W. French Kirk to the Frederick County Planning Commission to represent the Shawnee Magisterial District for the unexpired term of Mr. George G. Snarr, Jr., said term to expire on October 4, 1978. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr.,Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. OF MR. BILLY PHILLIPS AND MRS. WILLIAM K. MILHOLLEN TO LORD Upon motion made by R.- Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board Supervisors of the County of Frederick, Virginia, does herein nominate Mrs. William K. Milhollen and /or Mr. Billy Phillips for appointment as representatives from Frederick County on the Council on Alcoholism Lord Fairfax Community, Inc. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. COMMITTEE RECOMMENDATIONS: COMMITTEE ON LAW ENFORCEMENT AND COURTS Mr. Cole presented the recommendations from the Committee on Law Enforcement and Courts and the'-following action was taken: RECOMMENDATION THAT CETA POSITIONS BE USED TO FILL ADDITIONAL SECURITY DEPUTIES FOR COURTS - 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 direct that CETA founds be utilized to fill the positions for additional security deputies for the Circuit and District Courts as requested by the Judges of these courts in accordance with the requirements of Chapter 785:,. Section 46 of the Acts of Assembly of 1977. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T:• Cole. r_ 14p 'if h A0r:1 +I:yygsymelat- YJ:IGMAM'. k k� Pie) ,Too a )vi Dog 9907y0{41:1;41mg.l;T6liLhN 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, Vkg- .ginia, does herein direct the County Administrator to request the Virginia Supplemental Retirement System to include Frederick County in the next regularly scheduled Actuarial Study of Special Benefits for Law Enforcement Officers and Salaried Firemen through'said system. BE MADE TO COUNTY IN NEXT • • The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. COMMITTEE ON ENGINEERING A14D CODE ENFORCEMENT: Mr. Malcolm presented the recommendations from the Committee on Engineering and Code Enforcement and the following action was taken: RECOMMENDATION THAT LANDFILL RATE BE SET AT $3.20 - APPROVED Upon motion made 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 establish a rate of $3.20 per ton the Frederick County Landfill effective at the end of the July billing period. The above resolution was passed by the following recorded vote: Aye - Thomas ,B; =..Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. c RECOMMENDATION TO WAIVE FORMAL BID PROCEDURE FOR PLAYGROUND CONSTRUCTION AT SENSENY ROAD SCHOOL - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cble, n U BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, 8 5- L Virginia does herein waive the formal bid procedure for the playground work at the Senseny Road School to be constructed in conjunction with the Frederick County School Board, the Parks and Recreation Department and other groups inasmuch as the funding will be coming from several sources and several contractors will be needed to complete the project. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. ON THAT WOODRIDGE DRIVE - Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, u BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request the Virginia Department of Highways and Transporatation to accept into the Secondary Road System the following road in Braddock Hills Estates Subdivision, Section II, in Gainesboro Magisterial District,kpursuant to the provisio of Section 33.1 -229 of the Code of Virginia, 1950 as amended: 1. Woodridge Drive, Section II - Length approximately .22 miles i7 • BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of sixty (60) feet with necessary ease- ments for cuts, fills and drainage recorded in Deed Book 438, Page 821 dated August 23, 1973; 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 - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RESULTS OF BIDDING - SOLID WASTE COLLECTION SYSTEM - PRESENTED Mr. Malcolm presented the results of the bidding on the solid waste collection • J system for the County and stated that the Committee recommended that the Board members study this material and be prepared to consider a contract at the next lboard meeting. RECOMMENDATION THAT EASEMENT BE GRANTED TO TECHNICON, INC Upon motion made by Will L. Owings and seconded by R.7Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the following Deed oflEasement between the County of Frederick, Virginia and Technicon Corporation and does herein authorize the County Administrator,to execute said deed on behalf of the County: THIS DEED OF EASEMENT, made this 17th day of August, 1977, by and between THE COUNTY OF FREDERICK, VIRGINIA, party of the first part, and TECHNICON CORPORATION A Delaware corporation, party of the second part. s WHEREAS, Technicon Corporation, under-a deed from Western Union Realty Corporation dated August 16, 1977 and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, is the owner of 18.21 acres, more or less, situate in the Opequon Magisterial District, Frederick County, Virginia, and desires an easement in order to connect to a water meter vault; and WHEREAS, The County of Frederick,, Vriginia, under a deed of dedication dated (June 24, 1971, and of record in the aforesaid Clerk's Office in Deed Book 378 at (Page 580, was granted 1.0743 acres for use as a public thoroughfare; and WHEREAS, the Town of Middletown has constructed and installed a water meter 8.6 vault on a triangular portion of the real estate contained in the dedication des- .,. cribed above, the location of which is shown on the attached copy the composite plat of John W. McNair, Jr., C.L.SS, dated June 7, 1977 and revised July 21, 1977; and WHEREAS, the Town of Middletown's water meter vault does not conflict with , the existing access road located on the dedicated property described above; and WHEREAS, Technicon Corporation has requested that an easement be granted. NOW THEREFORE, in consideration of the premises, and of the sum of Ten Dollars ($10.00) cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the County of Fredederick, Virignia, does hereby grant and convey with General Warranty of Title, unto Technicon Corporation a forty (40) foot wide easement and right of way to construct, lay, maintain, • repaii, and /or replace a water supply pipeline across the land dedicated to Frederick County for purposes of connecting to the Town of Middletown's water meter vault, with full right of ingress and egress, said easment being shown as "Easement I -A" on the attached composite plat of John W. McNair, Jr., C..L'.5., dated' June 7, 1977, and being more particularly described as follows: Beginning at a point on the property 1 line between the land dedicated to Frederick County and the land of Western Union Realty Corporation, said point being located at a distance of 10 and 00 /100 (10.00) feet, along • said property line, northeast of an iron pin, corner to Monte Vista Associates; thence, with the Western Union line, N 54° 54' 54" E forty and 00 /100 (40.00) feet to a point; thence, leaving the Western Union line, S 35" 05' 35" E eighty and 00 /100 (80.00) feet to a point;;- S 54 54' 54'.' W forty and 00 /100 (40.00) feet to a point; thence N 35 05' 35" W eighty and 00 /100 (80.00) feet to the point of beginning. The above described easement encompasses the existing water meter vault. This easement shall be appurtenant to, and run with, the land of Technicon Corporation described above, and shall be binding upon Frederick Countyi.its:osuccessons o and assigns. Whenever the implementation of its rights hereunder requires Technicon Corporation to disturb the surface of the ground, it shall be the obligation of Technicon Corporation, at its expense, to restore the ground to the condition , existing prior to being so disturbed. IN WITNESS WHEREOF, The County of Frederick, Virginia, executes this Deed of Easement, by the proper officer, thereunto duly authorized: BOARD OF COUNTY SUPERVISORS OF FREDERICK, COUNTY',. VIRGINIA • By /s/ Stanley R. Koontz ATTEST: /s/ J. O. Renalds, III Clerk of the Board STATEOOF VIRGINIA County of Frederick To -wit: I, /s/ David G. Dickson ;_'a•Notarp Public in and for the State and Count ,- aforesaid, do hereby certify that Stanley R. Koontz whose name is signed to the forgoing deed of easement dated the 17th day of August, 1977, on behalf of the Board of Supervisors of Frederick County, Virginia as its Chairman with the seal of said Board duly affixed and attested by its Clerk, has acknowledged the same to be the act and deed of said Board before me in my state and County aforesaid. ,8 7 Given under my hand this 17th day of August, 1977 My Commission expires November 1, 1977 • David G. Dickson Notary Public SEAL (plat recorded with easement) The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. CATV ORDINANCE INTRODUCED ON FIRST AND SECOND READING Mr. Malcolm stated that the Committee on Engineering and Code Enforcement recommended to the Board that the CATV Ordinance be introduced on first and second reading and subsequently advertised for public hearing. The Board concurred with this recommendation and the following ordinance.: - wasnintroduded + on _ frst : iand second reading: "COMMUNITY ANTENNA TELEVISION FRANCHISE ORDINANCE" �J FINANCE COMMITTEE: Dr. Raymond L. Fish presented the recommendations from the Committe on Finance and'theufollowing action was taken: SUPPLEMENTAL APPROPRIATION - FREDERICK COUNTY HEALTH DEPARTMENT - APPROVED Upon motion made by Dr. Raymond L. Fish, and seconded by Dennis T. Cole, BE IT RESOLVED, That the Boardoof.Supervisors of the County of Frederick, Virginia, does herein approve a supplemental appropriation in the amount of $6,297 to be used for the local share of an additional sanitarian for the Frederick County Health Department for the fiscal year ending June 30;..1978. The above resolution was passed by the following recorded vote: Aye - • Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RECOMMENDATION' FOR APPROVAL OF GRANT FOR ASAP PROGRAM - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors does herein approve the grant for the ASAP Program under the Court Services Division of the Frederick - Winchester General District Court as submitted, said grant having been reviewed and approved by the Frederick County Highway Safety Commission at a meeting held on July 18, 1977. The above resolution was passed by the following recorded vote: Aye - • Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. 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 that the County Administrator is hereby authorized to: 1. Process real estate and personal property tax refunds for payment upon certification of Commissioner of the Revenue and /or Treasurer. 2. Process for payment refunds'on erroneous issues or payments of County vehicle stickers upon certification of'the Treasurer and /or Commissioner of Revenue. 3. Correct administratively errors in payroll deductions. 4. Process dog claims for payment upon certification by the Dog Warden 5. Make,necessary budget adjustments when previously approved grants or .. 2• other sources of funds are received and set forth for specific purposes and where no additional local funds are involved. The above resolution was passed by the following recorded vote: Aye - Thomas B'.. •'Rosenberger.,.:..: � - Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and (Dennis T. Cole. AUTHORIZING Upon motion made by Dr. Raymond L. Fish and'seconded by Dennis T. Cole, WHEREAS, Unexpected appropriations remain within the 1976 -77 General Operating and Revenue Sharing Trust Funds, and WHEREAS, These funds will be needed during the next fiscal year to complete unfinished projects of fund unanticipated expenditures, NOW THEREFORE BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that unexpended appropriations within the 1976 -1977 General Operating and Revenue Sharing Trust funds are hereby authorized tb be carried _forward for use within the 1977 -78 General Operating and.RevenueSShaiingTTrust Fund budgets as follows: Project or Use General Ooeratina Furid: County Audit Space Study Repair Jail Wall. Chapter 10 Board Building Renovation or repair Total General Operating Fund Revenue Sharing Trust Fund: Rent /Lease of Equipment Clearbrook Park Site Development School Building Program Total Revenue Sharing Trust Fund Amount $::9,658.38 700.00 12,000.00 1,000.00 2,000.00 $25,358.38 $ 589.89. $ 7,825.39 $112;543.93 $120,959.21 THE 1977 -1978 Carried Forward To O1 -001A -201 O1 -001A -226 06- 006B -215B 09- 009B =702E :.14- 014B -215B O1 -OO1F -214 19 -18F5 -499 17- 1700 -601A The above resolution was passed by the following recorded vote: Aye - Thomas B2:.Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. BUDGET ADJUSTMENT TO CARRY FORWARD HUD GRANT FUNDS - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that the following 1977 -78 Budget adjustment is hereby authorized to reflect HUD grant funds which were not received by the County during the fiscal year ended June 30, 1977, but expected to be received during the coming fiscal year: General Revenue Fund: (Increase Revenue Estimates) 05 -6871 Federal Grants - HUD General Operating Fund: (Increase Appropriations) 10- 01OH -601A Freetown Area Water and Sewerage Facilities - HUD Gra rt $197,144.15 $ 27,019.:76 10- 01OH -601B Sunnyside Water Facilities HUD Grant $170,124.39 TOTAL: ti $197;144315 The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, • • r 1 LJ • and Dennis T. Cole. M 'B LUM APPROPRIATIONS OF IMPACT FUNDS SHAWNEE DISTRICT — APPROVED Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick County. Virginia, 0 that recreation impact funds reserved for use in Shawnee District, in the amount of $1,500.00 are hereby appropriated for use in constructing a recreation area at Senseny Road Elementary School. the above resolution was passed by the Following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. BUDGET ADJUSTMENT TO COMPLY WITH SALARIES ESTABLISHED BY THE STATE - COMPENSATION BOARD - APPROVED • Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick County:;. Virginia that the following 1977 -78 budget adjustment is hereby authorized in .order to comply with salaries established by the State Compensation Board: Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RATES FOR STATE AND LOCAL HOSPITALIZATION - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick--County, Virginia • that the following daily rate for State -Local Hospitalization during the fiscal year 1977 -78 are hereby approved: Shenandoah County Memorial Hospital, Inc $ 77.81 Univeristy of Virginia Hospital Medical College of Virginia 135.77 Winchester Memorial Hospital 93.80 * Ceiling rate to be established by the State Board of Welfare and Institutions.) The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. 0 0 General Revenue Fund (Increase Revenue Estimates) 05 -6340 Reimb. Salaries - Sheriff $2,151.00 05 -6350 Reimb. Sal.a_iies - Central Registrar 366.00 $2,517.00 General Revenue Fund: (Increase Appropriations) • 06- 006A -106F Compensation of Sergeant II $ 33.00 06- 006A -106G Compensation of Sergeant III 33.00 06- 006A -106H Compensation of Sergeant IV 33.00 06 -006A -1060 Compensation of Deputy IX 244.00 06- 006A -106I Compensation of Deputy I 236.00 06- 006A -106L Compensation of Deputy IV 217.00 06- 006A -106E Compensation of Deputy VIII 223.00 06- 006A -106J Compensation of Deputy-II 131.00, 06 -006A -1060 Compensation of Deputy VII 21.00 06- 006A -106N Compensation of Deputy VI (1,112.00) 06 -006A -1065 Compensation of Process Server I 218.00 06- 006A -106U Compensation of Dispatcher /Matron 218.00 06- 006B -106A Compensation of Chief Jailor $. 220.00 06- 006E -106B Compensation of Jailor I (552.00) 06- 006B -106C Compensation of Jailor II 190.00 06- 006C -106A Compensation of Jailor I 252.00 06- 006C -106B Compensation of Jailor II 253.00 06- 006C -106C Compensation of Jailor III 520.00 • 06- 006C -106D 13- 013 -102 Compensation Compensation of Jailor IV 773.00 Central 'Registrar 366.00 of TOTAL: $ °3'i•517 ^00 The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RATES FOR STATE AND LOCAL HOSPITALIZATION - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick--County, Virginia • that the following daily rate for State -Local Hospitalization during the fiscal year 1977 -78 are hereby approved: Shenandoah County Memorial Hospital, Inc $ 77.81 Univeristy of Virginia Hospital Medical College of Virginia 135.77 Winchester Memorial Hospital 93.80 * Ceiling rate to be established by the State Board of Welfare and Institutions.) The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. 0 0 Wk BUDGET ADJUSTMENT - PARKS AND RECREATION DEPARTMENT - APPROVED . 41 11 Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that $4,406.00 collected during the fiscal year 1976 -77, on a fund raising project recognized; and, reported in revenue code 7272, by the Parks and Recreation Department is hereby BE IT FURTHER RESOLVED, That the following supplemental appropriationcto the 1977 -78 adopted budget is hereby authorized which will allow the department to disburse said funds: General Operating Fund: (Increase Appropriations) - 19- 18F6 -601B Improvement to Sites Stephens City Park $4,406.00 . BE IT FURTHER RESOLVED, That funds collected during the fiscal year 1977 -78 in conjunction with the above said project are hereby appropriated 'for use during this fiscal year and the necessary budget adjustments to reflect same are hereby authorized. The above was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RESOLUTION TO AMEND AUTHORITY - I REGARDING FUNDING FOR Upon.motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE TT RESOLVED, That the Board of Supervisors of The County of Frederick, Virginia does herein amend the resolution previously passed by this Board on June 26, 1974 with regard to funding for the Frederick - Winchester Service Authority to read as follows: BE IT RESOLVED, By the Board of Supervisors. of Frederick County, Virginia, that the Board does hereby certify that it will provide the necessary funds for administration and con- sulting engineering services for the Frederick - Winchester Service Authority, said costs to be shared on'a fifty -fifty basis with the City of Winchester until such time as the Service Authority receives federal and state funds for const- ruction of the proposed facilities, said funds to be considered a loan to be repaid when the grant funds are received. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Absent:S.Roger Koontz. NOTIFICATION OF CONTINUATION OF STUDYrOF CENTRALIZED PURCHASING Dr.' Fish adivsed that the Finance Committee is continuing to study the possibilities of central purchasing for all County Departments and Agencies. FISCAL REPORT - DIRECTOR OF ACCOUNTING - PRESENTED Mr. James E. Boyd, Director of Accounting, presented a written report for fiscal year 1976 -77 to the Board and stated that the surplus as of June 30, 1977 had decreased approximately $39,000 which was very close to the previous estimates by the Board. REFUNDS AND CLAIMS - TO BE HANDLED ADMINISTRATIVELY Due to previous action by the' Board, the refunds and claims set forth in the Agenda were authorized to be handled administratively by the County Administra ORDINANCES - FIRST AND SECOND READING The following ordinances were presented -on first and second reading: 1. AN ORDINANCE TO AMEND AN ORDINANCE ADOPTED JUNE 30, 1975 ENTITLED EROSION AND SEDIMENTATION CONTROL, ORDINANCE FOR THE COUNTY OF FREDERICK, VIRGINIA 2. ZMAP #009 -77 OF VVB PROPERTIES,.INC., GORE, VIRGINIA HEREBY REQUESTS THAT 3.1 ACRES, MORE OR LESS, LOCATED ON THE SOUTH SIDE OF ROUTE 50, APPROXIMATELY 2.10 MILES WEST OF INTERSECTION • u • U J • 9 WITH ROUTE 752, NOW ZONED AGRICULTURAL- LIMITED (A -1) BE REZONED BUSINESS - GENERAL (B -2). THIS PROPERTY IS DESIGNATED A PARCEL NUMBER 14D ON TAX MAP 28(A); AND IS IN BACK CREEK MAGISTERIAL DISTRICT. INDUSTRIAL DEVELOPMENT AUTHORITY AUDIT PRESENTED TO THE BOARD Mr. David G. Dickson, Secretary to the Frederick County Industrial Development Authority, presented the Audit for Calendar Year 1976 of the Authority to the Board. Mr. Wellington H. Jones, Engineer- Director of the Frederick County Sanitation Authority, appeared before the'Board and stated that the request of 'the Board of Supervisors, the Sanitation Authority had studied the feasibility • of providing water service to the Oak Subdivision area. He advised that Farmers Home Administration (fmHA) could fund the project and it would be combined with the Stephens Run Facility at a of approximately $225,000. He explained briefly the deadlines the Authority must meet�on'theser: stating that the lines must be in the ground by November. Mr. Jones stated that the Planning Commission had approved the project ' with reservations inasmuch as it lies outside the County's.Land Use Plan for water and sewer service. • Dr. Fish stated that he knew the residents in the area need water but he was concerneddabbut the precedent the Board might be setting inasmuch as this project lies outside the Land Use Plan area for water and sewer service. Mr. Malcolm stated that he agreed with Dr. Fish and that if it were not for the urgency of this situation this might not be done. Mr. Cole stated that he felt the Board should proceed with this project. Dr. Fish asked what would happen if perhaps 50 wells went dry in the Gore area next week and Mr. Cole stated that if FmHA funding could be obtained, he felt they should be given the service. Virginia does herein authorized the Frederick County Sanitation Authority to proceed ' with the grant application to the Farmers Home Administration to provide water service to the Lone Oak Subdivision area. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. $150.000 ADDITIONAL EDA FUNDS EARMARKED FOR EXTENSION OF WAT SERVICE TO THE CLEARBROOK AREA • Mr. Wellington Jones stated that the original EDA grant of $341.000 had been Iseddt6oext6ndriwater. to the Stephenson area and that the Authority requests that the additional $150.000 be used to extend this service to the Clearbrook area. There was a short discussion as to whether or not the County could charge customers in the Clearbrook area for water service once the lines are completed and Mr. Jones advised that the attorney for the Authority had adivsed that the II customers could be. charged for the service. 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 direct that the additional $150.000 EDA funds to be received by the County over and above the original amount of $341.000 be earmarked for exten- sion of water service to the Stephenson - Clearbrook area of the County. Upon motion made by Will L. Owings and seconded by Dennis T. Cole. • II BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein authorized the Frederick County Sanitation Authority to proceed ' with the grant application to the Farmers Home Administration to provide water service to the Lone Oak Subdivision area. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. $150.000 ADDITIONAL EDA FUNDS EARMARKED FOR EXTENSION OF WAT SERVICE TO THE CLEARBROOK AREA • Mr. Wellington Jones stated that the original EDA grant of $341.000 had been Iseddt6oext6ndriwater. to the Stephenson area and that the Authority requests that the additional $150.000 be used to extend this service to the Clearbrook area. There was a short discussion as to whether or not the County could charge customers in the Clearbrook area for water service once the lines are completed and Mr. Jones advised that the attorney for the Authority had adivsed that the II customers could be. charged for the service. 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 direct that the additional $150.000 EDA funds to be received by the County over and above the original amount of $341.000 be earmarked for exten- sion of water service to the Stephenson - Clearbrook area of the County. 9.2. i The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosehberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. MONTHLY STAFF REPORT ACCEPTED After review,thesmonthly staff report was accepted by the Board. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THE BOARD OF SUPERVISORS DO NOW ADJOURN:T SeCpetary Board of Supervisors A Special Meeting of the Frederick'County Board of Supervisors was held on ust 17, 1977 in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester rginia. PRESENT: S. Roger Koontz, Chairman; Thomas B.. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; R. Thomas Malcolm; and Dennis T. Cole. ABSENT: Will L. Owings. The Chairman Called the meeting to order. INVOCATION The invocation was delivered by Reverend Glenn Jude of the Greenway Southern e Baptist Church. APPROVAL OF MINUTES 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 approve the minutes of the Special Meeting of this Board held on July 20, 1977 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,.Thomas B. Rosenberger,.Dr. Raymond L. Fish, R. Thomas Malcolm. and Dennis T. Cole. PRESENTATION - MUNICIPAL ADVISORS, INC. - RE: MANAGEMENT STUDY fir. Thomas McCann, Vice President of Municipal Advisors, Inc. appeared before the Board and presented a brief report on the recently completed first phase of the management study. He stated that the first document dealt with the manage- nt and operations aspect of-:the County and the second document would relate to a, rsonnel management study. He advised that the second document would be presented to the Board during the month of September. Mr. McCann requested that a meeting be set up with the Board in order to discuss in detail several recommendations contained in the report. The Board agreed to this request and instructed Mr. Renalds to set up such a meeting. Mr. Rosenberger requested that the Board retire into executive session to discuss with Mr. McCann personnel recommendations contained.in the report. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Thomas B. Rosenberger and seconded.by R. Thomas Malcolm, the Board retired into Executive Session in accordance with Section 2.1 -344 Sub- section (1) of the Code of Virginia, 1950 as amended to discuss personnel recom- mendations as contained in the Municipal Advisors, Inc. Management study. The above motion was passed by the following recorded vote: Aye - S. Roger Koontz, • • • 7j Thomas.B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Dennis T. Cole and seconded by Raymond L. Fish, and passed i unanimously, the Board reconvened into Regular Session. MANAGEMENT STUDY RELEASED TO PRESS AND GENERAL PUBLIC Mr. Koontz thanked Mr..MCCann for the report and his comments and advised that a meeting would be set up so that the Board could discuss in detail with Mr. McCann the recommendations contained therein. The Board agreed that the Management Study should be released to the news media and the general public at this time. HIGHWAY DEPARTMENT • L 1 J RESOLUTION REQUESTING IMPROVEMENT OF INTERSECTION OF ROUTES 671 AND 739 - Dr. Fish stated that he had met with Mr. R. C. King, Mr. John Chiles and Mr. Sparks of the Highway Department concerning the hazardous conditions of the inter- section of Routes 671 and 739 and that they had agreed upoh a plan for improvement of said interesection. He briefly described the proposed plan and requested Board approval of the same. Dr. Fish stated that there is enough money to handle the project without any local Mr. Rosenberger asked if there would be a cost factor involved in the plan and funds being used. Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That Board of Supervisors of the County of Frederick, Virginia, does herein request the Virginia Department of Highways and Transportation to proceed with plans for the improvement, widening and alignment of the inter- section of Route 671 and 739 in Gainesboro Magisterial District and the erection of stop signs at said location in-order to alleviate the hazardous conditions at ;'. said location. The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. HEALTH DEPARTMENT RESOLUTION ALLOWING FOX TRAPPERS IN FREDERICK COUNTY DURING NOVEMBER, 1977 - APPROVED 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 approve -the request of the Winchester- Frederick County Health Department to have state fox trappers in Frederick County during the month of November, 1977 to aid in the control of foxes in the County, The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R.--Thomas Malcolm, and Dennis T. Cole. PUBLIC HEARINGS ADOPTED JUNE 30, 1975, ENTITLED EROSION rnR TAR rnrTNmv nr FRF.TV.PTrT(_ UTRaTNTA - Mr. Renalds presented the proposed amendment to the erosion and sedimentation control ordinance stating that certain modifications were necessary to bring the ordinance into compliance with the State Code. Following a brief discussion Mr. Cole moved to strike the words "provided, however, that the governing body of the county, city, town or district, may reduce this exception to a smaller area of disturbed land and /or qualify the conditions 93 M A n under - which this exception shall apply ". This motion was seconded by R. Thomas Malcolm and passed unanimously. There was no public.oppostion. Dr. Fish expressed concern that railroads are excluded from the ordinance stating that he felt this could have far reaching implications. W. Renalds advised that he too felt perhaps railroads and underground water and sewer lines should be included, but that we must follow the guidelines set forth by the General Assembly and can not be more restrictive that state law. 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, on third and final reading, the following ordinance, as amended: AN ORDINANCE TO AMEND AN ORDINANCE ADOPTED JUNE 30, 1975 ENTITLED EROSION AND SEDIMENTATION CONTROL ORDINANCE FOR THE COUNTY OF FREDERICK, VIRIGINIA I SECTION 1. Pursuant to Section 21- 89.3(a) of the Code of Virginia, 1950,:3as amended, the County Frederick, Virginia hereby amends Section 3 =(10) of,the above referenced ordinance to read as follows: "Land- disturbing activity: shall mean any land changerilhich may result in soil erosion from water or onto lands including, but not limited to, clearing, grading, excavating, transporting and filling of land, other than federal lands, except.that the term shall not include: :(i) such minor land- disturbing activities and maintenance work; (ii) individual service connections; (iia) construction, or maintenance of electric and telephone utility lines; (iib) installation, maintenance, or repair of any undergrouridt_public.utility lines when such activity occurs on an existing hard surfaced road, street or sidewalk provided such land disturbing activity is confined to the area of the road street or sidewalk which is hard surfaced; (iii) septic tank lines or drainage fields unless included in an overall plan for land - disturbing activity relating to construction of the building to be served by the septic tank system; (iv), surface or deep mining, neither shall it include tilling, planting, or harvesting of agricultural, horticultural, or forest crops; (v) construction, repair or rebuilding of the tracks, right -of -way, bridges, communication facilities and other related structures and facilities of a railroad company; (vi) preparation for single - family residences separately built, unless in conjunction with multiple con- struction in subdivision development; (vii) disturbed land areas for commercial or noncommerical uses of less than ten thousand square feet in size; (viii) installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; (ix) emergency work to protect life, limb or property, and emergency repairs; provided that if the land - distrubing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency then the land area disturbed shall be shaped and stabilized in accordance with the requirement of the local plan- approving authority. SECTION Should any section, clause, or provision of this ordinance be declared invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any other section, clause, or provision of this ordinance. SECTION 3. This ordinance shall become effective July 1, 1977. The above resolution was passed by the following recorded vote: Aye - IS. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, land Dennis T. Cole. ZMAP #009 -77 VVB PROPERTIES, INC., - BACK _CREEK MAGISTERIAL DISTRICT - TO Mr. Berg presented the rezoning petition of VVB Properties, Inc., and stated that the Planning Commission recommended approval of said petition. Mr. Cole abstained from both the discussion and vote on this matter. There was no public oppostiion. 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, on third and final reading, the following zoning map amendment petition: • • • 1 C , J ZMAP #009 -77 OF VVB PROPERTIES, INC., GORE, VIRGINIA, HEREBY REQUESTS THAT 3.1 ACRES, MORE OR LESS, LOCATED ON THE SOUTH SIDE OF ROUTE 50 APPROXIMATELY 2/10 MILES WEST OF INTERESECTION WITH ROUTE 752, NOW ZONED AGRICULTURAL- LIMITED (A -1) BE REZONED BUSINESS - GENERAL (B -2). THIS PROPERTY IS DESIGNATED AS PARCEL NUMBER 14D ON TAX MAP 28 (A) AND IS IN BACK CREEK MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, and R. Thomas Malcolm, Abstaining - Dennis T. Cole. CATV ORDINANCE - THIRD AND FINAL READING - APPROVED Mr. Renalds presented the CATV Ordinance and stated that the ordinance does grant the franchise for the service to any particular organization. Mr. Malcolm advised that this ordinance had been considered by the Committee • Engineering and Code Enforcement and they recommended approval of same. He stated that a complaint officer should be appointed as set forth in the ordinance and the Board agreed that the County Administrator shouldsserve as aaid complaint officer. Mr. Louis Costello and Mr. John Lewis appeared before the Board in support of • the ordinance and Mr. Costello stated that approval of this ordinance would not grant 9 Two -way communication was discussed and Mr. Lewis advised that at the present time this operation does not appear to be economically viable for,this area. There was no public oppostion. 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, n U Jirginia, does herein approve, on third and final reading, the following ordinance: his client a franchise for the service but would enable anyone to apply for such a franchise. There followed a brief discussion regarding rates and the discount for senior tizens set forth in the ordinance and Mr. Lewis advised that the rates were regu- lated by the Federal Communications Commisssion and that the senior citizens discount would not be given inasmuch as it was to costly to administer. COMMUNITY ATENNA TELEVISION FRANCHISE ORDINANCE An ordinance, pursuant to Section-15.1-23.1 of the Code of Virginia, 1950, as amended, granting unto certain companies, its successors and assigns, a non- lusive franchise, right of convenience or privilege to erect, operate and maintain • Section 1. Short Title This ordinance shall be know as may be cited as the "COMMUNITY ANTENNA TELEVISION FRANCHISE ORDINANCE." Section 2. Definitions For the purpose of this Ordinance the following terms, phrases, words, and les, cables, and all other electrical equipment, structures, or fixtures necesssary and incidental to the operating of a community antenna system service and closed circuit television transmission service, subject to the limitations and restrictions herein set forth under, over, upon and across the streets, alleys, sidewalks and public places of the County of Frederick, Virginia, for the purpose df erecting, operating and maintaining a community antenna system and closed circuit television transmission service for the use of the residents and citizens of said County,' and for the persons, firms, and corporations doing business therein, and to use the property of other companies upon such arrangements and conditions as the companies may agree. their derivations shall have the meaning given herein. When not inconsistent with 95. � o the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) ".County" shall mean the County of Frederick Virginia, a political sub- division of the Commonwealth of Virginia and does not include the incorporated towns of Stephens City and Middletown nor does it include the City of Winchester. (b) "Company" shall mean the grantee of rights under this Franchise. (c) "Board" shall mean the Board df Supervisors of Frederick County, Virginia. (d) "FCC" shall mean the Federal Communications Commission or its successor. (e) "Cable Television System" ((.or CATV, hereinafter referred to as "System ") shall mean: ­).apart':the: service or receiving, amplifying or modifying signals transmitting pro- (1) Any facility which is operated to perform for hire, either in whole or in grams' by television or radio broadcast stations for the purpose of transmitting or distributing such signals by wire or cable to subscribing members of the public, but such terms shall not inlclude: (a) any such facility that serves fewer than 50 subscribers, or (b) any such facility that serves only the residents of one or more apartment dwellings under common ownership, control, or management, and commercial estab- lishment located on the premises of such ari apartment house. (2) Any facility that, in conjunction with the above services, provides and operates signaling paths for the transmission or reception of signals defined in Title 47 CFR 76.5(z), (aa), (bb), and (cc) of the FCC's Rules and Class I, II, II and IV cable television channels. (f) "Streets" shall mean streets, roads, avenues, highways,`boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, docks, bulkheads, alleys, all other public rights of way and public ground or waters within or belonging to the County. (g) "Person" is any person, firm, partnership, association, corporation; company or organization of any kind (h) "Home" is any single family dwelling unit whether a house, apartment; trailer, rented room or otherwise. :() "Signals" shall mean the signals defined in Section 76.5 of the FCC's Rules and Regulations (47 CFR 76.5). Radio signals shall mean signals of a radio broad- cast station equipped to engage in the dissemination of radio communications intended to be received by the public directly or by the - intermediary of relay stations. (j) "Subscriber" or "User" shall mean any person or entity-receiving for any purpose any service of the franchisee cable television system including, but not limited to, the conventional cable television system'service of retransmission of television broadcast and radio signals, franchisee's origination cablecasting, the local government, education and public access channels and other services, such as leased channels, data and facsimile transmission, pay cable- casting, and police, fire and similar public service communications. (k) "Residential Subscriber" shall mean a purchaser of any service that the Company delivers to an individual dwelling unit, provided that the service is not utilized in connection with a business, trade, or profession. (1) "Senior Citizen" Shall mean any resident who is sixty -five (65) years of age or older and who is either the headd of household or who is one of no more than two E • 11 I F_ I L 11 residents of said household who is sixty -five (65) years of age or older.' W "Regular Subscriber Service" shall mean the simultaneous delivery by the Company to the television receivers (or any other suitable type of audi -video commun- ications,receivers) of all residential subscribers, and to public or quasi - public facilities or building in the County of all signals that are received from broadcast stations and carried consistent with the CATV Rules and the FCC, the channels on which the Company originates programming, and the channels on which member of the public may originate programming. (n) "Specialized Service" shall mean any communications service other than the • Regular Subscriber Service that the Company or persons not related to the Company provide over its System, including, but not limited to, data transmissions, facsimile reproductions; pay cablecasting meter reading, fire and burglar alarm services, and the like. (o) "Gross Subscriber Revenues" shall mean all compensation and other consider -I ation in any form paid by a subscriber and received by the franchisee.'for..the sale of its regular subscriber service to its subscribers, excluding, however, any sales, service, rent, occupational, or other excise tax to the extent such taxes are charged separately in addition to the regular monthly charge and are remitted by the franchis to the taxing authority. (p) "Pay - Cablecasting" sha13 mean' origination: ror ,access.cablecasting'operations for.•iihich A per program on per channel charge is made. (q)' "Cablecasting" - Programming (exclusive of broadcast signals) carried on a • cable televsision system over one or more channels, and subject to the exclusive con- trol of the cable operator. (r) "Origination cablecasting" - Programming (exclusive of broadcast signals) ied on a cable television system over one or more channels, and subject to the control of the cable operator. (s) "Access Cablecasting" - Services provided by a cable television system on is public, educational, local government, or leased channels. (t) "Converter" - Means an electronic device, which converts signals to a fre- not susceptible to interference within the receiver or a subscriber, and by an channel selector also permits a subscriber to view all signals delivered designated dial locations.. (u) "County School" - County schools are all buildings operated by the Frederi my Public School System for the purposes of teaching and learning. (v) "Local Government Occupied Buildings" - Are those buildings owned in whole in part by the County of Frederick, Virginia. (w) "Highway. - Means the Virginia Department of Highways and ansportation. (x) "Service Area" - Means any area in the County with a density of more than • (50) homes,per linear mile from existing plant. Section 3. Grant of Authority ' , (a) Having approved the Company's legal character, financial, technical and I ther qualifications and the.adequacy and feasibility of the Company's construction a rrangements, there is hereby granted by the County to the Company the rights and privilege to construct, erect, operate and maintain, in, upon, along, across, above, I ver and under the streets, alleys, public ways and public places now laid out or ded- cated, and all extensions thereof, and additional thereto, in the County, poles, wires, cables, underground conduits, manholes and other television conductors and fixtures II cessary for the maintenance and operation in the County of a Cable Television Sys the provision of "regular subscriber service" and "specialized service ", and defined. (b) the right to use and occupy said streets, alleys, public ways and places .97" • for the purposes herein set forth shall not be exclusive, and the County reserves the right to grant a similar use of said streets, alleys, public ways and places, Ito any person at any time during the period of this Franchise. (c) The Company shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage, provided that nothing in this Franchise shall be deemed to prohibit the establishment of a,grad- uated scale of charges (1) to "Senior Citizen" subscribers and (2) for multiple i installations at the same hour or building. The Company, officers, stockholders or employees, shall not engage in the business of sales, service., repair or.instal- lations at the same hour or building. The Company, officers, stockholders or employ shall not engage in the business of sales, service, repair or installation of tele- vision and radio receiving equipment. The Company shall not charge additional fees for the transmisssion of origination cablecasting over the cable system. (d) This grant shall be for a period of fifteen (15) years from the effective. date of entering into an agreement with the option of renewing the same, after a full public proceeding'affording• due process, for an additional ten (10) year period. Renewal option shall not be automatic. Twelve (12) months preceding the expiration of the initial fifteen (15) year term of franchise and the option to continue operat- ing for an additional ten (10) year term pursuant to this ordinance, the County shall have the right to (a) renew or extend the franchise, or (b) revoke the fran- chise for good cause and invite new applicants for the purpose of refranchising. In either case, the County 'shall renew, extend or revoke the franchise only, pursuant to a full public proceeding affording due process. (e) the company shall, at all-times during the life of this Franchise, be subject to all lawful exercise of the police power by the County, and to such reg- lation as the Countv shall have the right to impose such license tax upon the as the Board :shall Section 4. Rates The initial rates for Regular Subscriber Service shall not exceed the following amounts, or the rates being charged to T. V. Cable Subscribers in the City of Win- chester, whichever is lower: (a) For service, $7.00 per month for the first outlet and $1.00 per month for each additional outlet; (b) For aerial installation, $7.50 for each outlets; underground installations, $15.00 for the first outlet and $7.50 for additional outlets plus fifteen cents (15 cents) per foot for all connections over 100 feet. Responsibility excavating trenches from Company line to home shall be assumed by the Subscriber; in the alter- native, the Subscriber shall assume the Company's cost for same; (c) For moving and reconnecting each outlet, $5.00 (in same room) and $7.50 '(to a different room); (d) For disconnecting and reconnecting each outlet, $5.00. (e) If and when converters are provided, for each converter, a deposit that does not exceed the Company's cost for purchasing same and rental of $1.50 per month; (f) For matching transformers on rental property, a deposit not to exceed $2.00; (g) For motels, hotels, hospitals or any multi-unit-building with a minimum of ten (10) units not classified as an apartment building, $1.00 per month per service to any such multi -unit building not classified as an apartment building whole technical.facilities are not adequate to reproduce the quality of signal or number of channels furnished by the Company; B E • • L J 1. I W (h) The Company may provide Regular Subscriber-Service to Senior'!Citizens, "for $1.00 less per month than its then current charge to other residential subscriber; (i); The Company shall provide Regular Subscriber Service to any County Schools C� within its service area free -of- charge; the Company shall charge only for its costs of installation and a maintenance fee not to exceed 75 cents per month, per ener- gized outlet for the months during the year when school is in regular session; provided however that this maintenance fee may be increased to $1.00 per month, per energized outlet when the City of Winchester would so change their ordinance to that effect; any necessary expense incurred in installation beyond 100' of cable extension to increase the CATV's amplification.to meet FCC technical specifications will be borne by the County; this'service shall not be deemed part of the annual fee remitted to the County. (j) The Company shall provide Regular Subscriber Service to any Local n LJ Government Occupied Building within its service area free -of- charge:; the Company shall charge only for its costs of installation and a maintenance fee equal to the amount currently being charged under sub - section '(i) above, except that it shall be applicable to every month of the year; any necessary expense incurred in instal -' lation beyond•100' of cable television to increase the CATV's amplification to meet FCC technical specifications will be borne by the County; this service shall be deemed part of the annual fee remitted to the County; (k) The Company shall have the option to provide discounts for payments in advance; provided,' however, that there shall be no discrimination in the provision of such discount; (1) In the event that the Company seeks to increase the rate of Regular • i Subscriber Services, it shall file a written request specifying the justification thereof, and the Board shall on each such request within one hundred and fifty (150) days from the date of the Company ,'s filing of additional supporting data, as requested by the Board, whichever date is later. The Board shall conduct full publ hearings affording due process on all rate increase requests. However, the Board shall exercise no regulatory authority over rate for Specialized Services, as hereinbefore defined, unless until the FCC authorizes such rate regulation. Section 5. System Operation (a) The Company shall provide Regular Subscriber service as required by the Rules and Regulations of the Federal Communications Commission. (b) The Company shall establish an affirmative plan for the employment of n U qualified minorities and women. The) Company shall not refuse to hire or employ, nor bar or discharge from employment nor discriminate against any person in com- penrati6n;:or:7if►.ter-ms,:condi privileges of employment because of sex, age, race, creed, color or national origin. Section 6. Company Liability - Indemnification (a) It is expressly understood and agreed by and between the-Company and the County that':the Company shall save the County harmless from all loss sustained by the County on account of any suit, judgment, execution', claim, or demand whatsoever, resulting from negligence on the part of the Company in the construction, operation or maintenance of its television system in the County. (b) The Company shall take out and maintain throughout the term of this grant insurance against personal injury with limitations of not less than $1000,000 for injury to any one person and $3000,000 for any one accident and insurance against property damage in an amount not less than $50,000. The above policies shall be written by a company acceptable to the County and the County shall be named as an loo additional insured thereunder. A certificate of this policy shall be furnished to the County. '(c) The Company shall obtain workmen's compensation insurance as required by the law of the State of Virginia, such insurance to be written by a company acceptable to the County. ' Section 6. Maintenance and Service Complaint Procedures (a) Throughout the term of its franchise, the Company shall maintain all parts of the system in good, working condition. (b) The County and the Company shall adopt a cooperative, coordinated program for the resolution df subscriber complaints. Notice of the procedures for reporting and resolving complaints will be given to each subscriber by the Company at the time of initial subscription to the cable sytem. The Company shall maintain an "emergency • maintenance" phone at its local business office to provide adequate and prompt service to all subscribers. The County shall appoint a Complaint Officer to be directly responsible for assuring that all complaints have been satisfactorily resolved. the specific procedure for reporting service problems and responsibilities of the Company and the County shall be as follows: The Company (1) Upon finding cable service the , problems, subscriber shall report same to the Company by calling its "emergency maintenance" number or visiting its • local business office. The Company shall respond to all service complaints and correct malfunctions as promptly as possible, and, under normal circumstances, shall respond to such calls within a period of time not to exceed seventy -two (72) hours after notice thereof. (2) The Company shall keep a record in its offices of every complaint received and a memorandum of same indicating the manner or disposition thereof. Complaint records shall be kept for two (2) calendar years. The Company shall make the file available to the County, the Complaint Officer or any other designees of the Board of Supervi §ors fdr review and inspection during normal business hours.1 At least one time per year, the Company shall forward to all • of its then paying subscribers a Complaint Form; this form shall set forth the information necessary for the subscriber to register his complaint, and the , Form.,'shall also state that any complaints not properly resolved may be regi- stered with the Complaint Officer. The. said.Form:shall set forth the following language: "If any Subscriber beleives that the Company has not satisfactorily resolved the Subscriber's complaint, the Subscriber may elect to register complaint with the Complaint Officer." The County • (1) The Complaint Officer shall conduct such investigations of unresolved complaints as he deems necessary to effectuate resolution. Furthermore, he 11. shall maintain records of all such complaints and disposition thereof and shall retain copies of same for a period of two (2) calendar years. Whenever the Complaint Officer believes that the Company is not providing,proper service, the Complaint Officer shall bring this matter to the attention of the County: Administrator and /or the Board of Supervisors and an appropriate conference , shall be convened to effectuate resolution./ Section 8. Filing with County (a) The Company shall filet-: with the County Administrator true and accurate maps or plats of all existing and proposed installations, and the County hereby 101 reserves the right at all times to reject any.proposed installation whose manner or placeeof construction it deems contrary to public interest, and may order and.'di: ect the Company, at its own expense, to move the location or alter the construction of any existing the Board of the Highway department deems it is in the public interest to require such removal or alteration, having due regard for the equities of the parties concerned and the purpose of this grant. (b) The Company shall file with the County Administrator a statement setting • • r1 U forth the ownership interest in the Company and setting forth the names and addresses of all officers of the Company and the position that each holds. In the event of a change in ownership of stock of the Company or any change of officers or directors, the Company shall promptly file information setting forth such change with the County Administrator. (c) In additon, the Company shall file with the County Administrator: (1) copies of such rules, regulations, terms and conditions adopted by the Company for the conduct of its business, and (2) an annual summary report showing gross revenues received by the Company from its operations within the County during the preceding year and such other.informationnas the County shall request with respect to properties and expenses related to the Company's service within the County. Section 9. Construction and Installation of the System (a) The County shall have the right to inspect all construction or installati work, performed by the Company in the streets, and make such inspection as the County deems necessary to insure compliance with the terms of its franchise and other pertinent provisions of law. No poles, underground conduits, or other wire - holding structures shall be erected by the Company without prior approval of the County omits duly authorized personnel or abutting property owners where the County does*_ notuownathe -laseadinewh•ichr::subh aietto• be_�erected.o!aTorthe ?. possibl the Company shall negotiate agreements with the appropriate parties to permit it to utilize the existing pole and underground conduits throughout the County. Any poles, underground conduits or other fixtures, that the Company is authorized-by the County to install, must be placed in a manner to provide minimum interference wi the usual travel on public streets and any existing utility services. Allcdf the Company's construction shall be conducted in a manner that will cause minimum interference with the rights and reasonable convenience of the property owners directly affected thbreby. The Company shall maintain all structures, cables and related CATV equipment that are located in, over, under, and upon the streets in a safe, suitable, substantial condition and in good order and repair at all times. (b) All construction and installation, by the Company, shall be :effectuated n in a manner that.is consistent with the FCC's Rules as to technical standards and otherwise. (c) The Company shall complete construction of its system to provide service to persons located within its service -.three: %:(-3): (ybars :front- the':date •.'.: such persons came into the.Company service area. The Company shall extend energized trunk cable throughout its service area at the rate of at least 33 1/38 per year. (d) The Company shall not be required to extend energized trunk cable in and /or through any portion of the County with a'density of less than fifty (50) homes per linear mile for existing plant. The Company, may, however, elect to run energized trunk cable in and /or through those portions of the County with a density of less than fifty (50) homes per linear mile from existing plant. If the Company makes the election described in the preceding sentence,., the parties I , 102. desiring the service will be required to pay the then prevailing rates for Regular Subscriber Service and an additional surcharge for'the extension of the service. The surcharge will be directly related to the cost of extension of service, and in no case will it exceed such amount. The exact terms and conditions of the additional charges would be determined at the time service is extended in a Contract between the Company and the parties desiring the service. The Company is not expected nor is it authorized to operate a system within thirty -five (35) miles of the reference point of Hagerstown, Maryland defined in Section 76.53 of the FCC Rules and Regulations because (1) the area so designated does not have a density approaching fifty (50) homes per linear mile and projections do not indicate that it will during the term of this franchise and (2) it is the desire of the County that the system signal carriage com- plement be controlled`. by Section 76.57 of the FCC Rules and Regulations, Provisions for systems operating in communities located outside of all major and smaller television markets, and thus provide the maximum viewing diversity to the residents of the County which are more like'to receive cable TV service during the terms of this franchise. (e) In case of any disturbancerof pavement, sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense and in a manner approved by the County Inspector, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced, and shall maintain the restoration in an approved condition for a period of two years. (f) In the event that at any time during the period of this Franchise the County or the Highway Department shall lawfully elect to alter or change the grade of any street, alley or other public way, the Company, upon reasonable notice by the County or the Highway Department shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes and other telephone fixtures at its own expense. (g) The Company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant, main, or sewer, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line df the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. (h) The Company shall, on the request of any person holding a building moving permit issued by the County, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Company shall have the authority to require such payment in advance. The Company shall be given not less than forty -eight (48) hours' advance notice to arrange for such temporary wire changes. (i) The Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the County so as to prevent the branches df such trees fromccoming in contact with the wiles and cables of the Company, all trimming to be done under the supervision and direction of the County Highway Department and at the expense of the Company. The County or the Highway Department specifically reserves the right to prohibit the trimming.of trees where it deems that such trimming would damage or destroy the tree. E • • • 103.' Section 10. 7. Highway Department This ordinance shall not be construed to mean that the County is giving permission to certain companies the right to use any right -of -way controlled by the Highway Department. Nevertheless, any company or person receiving a franchise from this ordinance shall be required to meet any and all Highway Department Regulations and requirements set forth for the use of such right -of -ways controlled by the Highway Department. Section 11. Approval of Transfer The Company shall not sell or transfer its plant or system to another person, nor transfer any rights under this Franchise to another person without Board approval. Provided, that no sale or transfer shall be effective until the • vendee, assignee or lessee has filed in the office of the County Clerk an in- strument, duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of the Franchise, and agreeing to perform all the conditions thereof. Section 12. County Rights in Franchise (a) The right is hereby reserved by the County to adopt, in addition to ' the provisions herein contained and existing applicable ordinances, such addit- ional regulations as it shall find necessary in the.excercise of its "police" • power. (b) The County shall have the right to supervise all construction or installation work performed subject to the provisions of this'Ordinance and to make such inspections as it shall find necessary to insure compliance with governing ordinances. (c) The County reserves the right to order the service interrupted in. the event of emergency. (d) All rights, rights -of -way, and easements hereinabove designated shall remain the property of the County or the Highway Department. .Until such time as said poles or other equipment are actually installed, and in the • immediately event of future removal of said equipment, said rights shall revert to the County of the Highway Department and be automatically cancelled-.. ' (e) At the time a franchise become effective, the Company shall furnish a bond to the County, in such form and with such sureties as shall be acceptable to the County, guaranteeing the payment of all sums, which may at any time become due from the Company to the County under the terms of this Ordinance, further guaranteeing the faithful performance of all obligations of the Company under the terms of this Ordinance. The minimum bond shall be for $5,000 and this bond • shall be raised upon an annual review based on the following schedule: Bond Amount Subscribers Minimum $ 5 1 10,000 .800 15,000 1200 20,000 1600 25,000 2000 For each additional four hundred subscribers served, the bond amount shall be increased by Five Thousand Dollars. :This bond coverage shall be re- viewed each year, and shall remain in effect during the full term or terms of the franchise. In the event of default by any individual, firm, partnership, company or corporation under this ordinance, the County shall not assume any liability, obligation or responsibility. 104 (f) If at any time after the date the system is energized the Company shall fail'. to comply with the terms of this Ordinance, and shall continue to fail to comply for a period of thirty (30) days after receiving notice of non - compliance from the County, the Company be guilty of•a and upon con- viction thereof; shall be fined not less than $5.00 nor more than $50.00 for each days' failure to comply, each day's failure to comply being a separate and distinct offense. Criminal liability under this section is predicated on negligence or willful failure on the part of the Company to comply and this section shall not apply if non - compliance is occasioned by events beyond the control of the Company. in the event the Company shall contest its liability to fine under this section, no further penalty shall be assessed until such liability is established. Should such liability be established by a court of competent jurisdiction the Company shall have thirty (30) days within which to comply and within which to pay all fines assessed. In the event the Company does not then comply and pay all fines assessed the County shall have the option to declare the Franchise and bond forfeited. Section 13. Payment to County (a) The Company shall pay the County an annual fee of three -:percent (3 %) of its gross-subscriber revenues, as hereinbefore defined. "IThis annual fee schedule shall operative upon the effective date hereof and shall remain in effect during the term hereof, unless superceded by actions of Federal, State or other regulatory agencies. (b) In the event that Federal, State, and other regulatory agencies permit a greater franchise fee than set forth in this ordinance, such payment shall be immediately increased to the maximum permissible payments not to exceed. (1) A sum equal to three percent•(3 %) of the first one Hundred Thousand Dollars ($100;000) annual gross subscriber revenues received, plus (2) Four percent (48) of annual gross subscriber revenues in excess of One Hundred Thousand Dollars ($100,000) but less than Two Hundred Thousand ($200,000), and (3) Five percent (5 %) of annual gross subscriber revenues in excess of Two Hundred Thousand Dollars ($200,000). (c) The higher payments to the County discussed in this Section shall be effective immediately upon approval by the appropriate regulatory agencies. However, the Company shall have a reasonable time after learning of the approval to contact ':the::County:and.arrahge for the payment of the higher fees. And the Franchise shall not be considered breached until the passage of such reasonable time without proper arrangements having been made by the Company. Section 4. Interference with Off -Air Television Reception The Company shall at all times operate and maintain its.community antenna system in such a manner as not to interfere with existing television reception, including interference by radiation. Once interference has been established, if the same be not corrected within thirty (30) days time following notice given to the Company by the County, the County, by action of its Board, may terminate this grant Section 15. Records and Reports The County shall have access at all reasonable hours to all of the Company's plans, contracts, and engineering, accounting, financial, statistical, customer and service records relating to the property and the operation of the Company and to all other records required to be kept hereunder- • is • Section 16.. Publication Costs The Company shall assume.-the cost of publication of this ordinance as such publication is required law. Publication costs shall include those costs connected with the initial printing of.this ordinance in the Frederick County Code. A bill for publication costs shall be presented to the Company by the County Treasure] upon the Company's filing of acceptance and shall be paid at that time, or when actual costs are known. Section 17. Severabili The provisions of this Ordinance are hereby declared to be severable. If any is of its sections, provisions, exemptions, sentences, clauses, phrases or parts be held unconstitutional or void, the remainder of this Ordinance shall continue in full force and effect, it being the intent now hereby declared that this Ordinance would have been adopted even if such unconstitutional or void matter had not been included therein. Section 18. Compliance with Local, State and Federal Requirements The Company shall comply with all local, state and federal regulations. • Additionally, the County shall incorporate into this Franchise Ordinance all modifications of the - provisions of its Franchise Standards (47 CRF 76.31) resulting from amendment by the Federal Communications Commission. Such amendments shall be incorporated into this Ordinance within one (1) year of adoption of the modification, or at the time of. franchise renewal, whichever occurs first. Passed by the County Board of Supervisors on the APPROVED: day of Chairman, Board of Supervisors \J ATTEST: Clerk, Board of Supervisors The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. SITE PLAN NO. 023 -77 RON McDOLE, INC. - APPROVED Mr. Berg presented the site plan of Ron McDole, Inc. and stated that it E had been reviewed by the Planning Commission and meets all requirements. 197 Dr. Fish expressed concern about the possibility of a large number of employees from the Stine Industrial Park exiting onto the highway after working hours and Mr. Berg advised that the developer of the park is exploring the possibility of other entrances and exits into said park. 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 approve Site Plan No. 123077 of Ron McDole,'Inc. to construct an 18,000 square foot manufacturing plant on a five acre lot in the Stine Industrial 'Park located in Stonewall 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, and Nenhis T. Cole. 105' 10.6 s -no planning commission - recommendation on this subdivison:.: STARBROOK ACRESr.SECTION.B.- .STONEWALL DISTRICT - APPROVED - .'-Mr. Berg the plat of Starbrook_Acres; Section - stated that.•there Upon motion made by Dennis,T.- Cole seconded by Thomas B..Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, inia does herein approve the plat of Starbrook Acres, Section B. Containing two lots.fronting'Route 661 in Stonewall 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, and Dennis T. Cole. SUBDIVISIONS EARL HAINES LOTS - BACK CREEK DISTRICT - APPROVED Mr. Berg presented the Earl Haines Lots and stated that all agency approvals had been received and that the Planning Commission recommended approval. 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, inia - does herein approve the plat of the Earl Haines Lots containing four lots fronting Rt. 259 in the Back Creek 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, and Dennis T. Cole. ROUSS COMPANY LAND - BACK CREEK DISTRICT - APPROVED Mr. Berg presented the plat of Rouss Company Land and stated that.-all agency approvals had been received and that the Planning Commission recommended approval. 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 the Rouss Company Land containing one lot fronting Route 616 in the Back Creek 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, and Dennis T. Cole. FREDERICK MALL SUBDIVISION - WITHDRAWN Mr. Berg advised that at the request of the developer, the Frederick Mall Subdivision had been withdrawn from the Agenda. TIONAL USE PERMIT NO 008 -77 ALMA G. BIGGS - OFF PREMISE SIGNS NNS RESTAURANT - APPROVED Mr. Berg presented the application for Conditional Use Permit of Alma G. Biggs for two off premise signs at the Bigmanns Restaurant, one of which has already been erected. He stated that the Planning Commission recommended approval of same. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit No. 008 -77 of Alma G. Biggs for the erection of two 4' x 8' off premise signs for Bigmann's Restaurant fronting Route 522 South across from the entrance and exit to Delco Plaza. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. BUILDING PERMITS FOR MOBILE HOMES ON LOTS BACK CREEK DISTRICT - APPROVED SUBDIVISION Mr. Berg presented a recommendation from the Planning Commission to grant approval for the placement of mobile homes on the property of Mr. Robert B. Johnson (Lockhart Estates Subdivison) in accordance with the following letter received from Mr . .John son : • E is �I E .107 August 3, 1977 L� Mr. Robert Wittmann, Sanitarian Frederick - Winchester Health Department P.O. Box 2056 Winchester, Virginia 22601 Dear Mr. Wittmann: Re: Lots 36, 37 and 38 Lockhart Subdivison - Ward Avenue off Route 50 West, Winchester Virginia.. This letter is in response to your request for a statement of my intentions regarding the above referenced lots. It is my intention as long as there are septic systems and one well serving lots 36, 37 and 38 to treat it as one single tract of land. If I sell the lots under the above conditions, I will sell the three (3) lots as one. I reserve the right to sell the lots separately if I move the trailers off of the lots and abandon the septic systems or the lots are served by public water and sewer. • J, E 0 RBJ /ra • Sincerely, Robert B. Johnson Route 7, Box 361 Winchester, Virginia Mr.. :Rosenberger•: stated that he had discussed this proposal with representatives of the Health Department and they could see no problem with it. Mr. Berg stated that he had brought this matter to the Board's attention inasmuch as it was not a routine approval and that the Board should take cases of this nature in the future on a case to case basis. Mr. Malcolm stated that he though it should be noted that the Board was apprehensive in approving matters such as these which are not routine in nature, and that this will not create an automatic approval for situations of this type in the future. 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, u Virginia, does herein approve building permits for mobile homes to be located on Lots 36 and 37 of the Old Lockhart Estates Subdivision fronting Ward Avenue in the Back Creek Magisterial District in accordance with the above referenced letter from Mr. Robert B. Johnson dated August 3, 1977 and the recommendation of approval from the Frederick County Planning Commission. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. The'Board recessed for ten minutes. • / ORDINANCES - FIRST AND SECOND READING The following ordinances were read on first and second reading: 1. AN AMENDMENT TO THE FREDERICK COUNTY ZONING MAP ADOPTED NOVEMBER 1, 1973, AS AMENDED, TO REZONE FROM RESIDENTIAL- LIMITED DISTRICT (R -2) TO RESIDENTIAL- GENERAL DISTRICT (R -3) THOSE PARCELS ON THE EAST SIDE OF ROUTE 11 FROM THE REDWOOD MOTEL NORTH TO THE LOT OF BESSIE MILLER FUNK ON THE WEST SIDE OF ROUTE 11 THOSE PARCELS FROM THE STEPHENS CITY CORPORATE LIMIT NORTH TO THE LOT.OF BLANCHE GARDNER. THESE PROPERTIES ARE DESIGNATED AS PARCELS 90 -94 ON TAX MAP 74 (A) AND PARCELS 7 -10 ON TAX MAP 74B(1) AND ARE IN THE OPEQUON MAGISTERIAL DISTRICT. 2. AN ORDINANCE TO AMEND SECTION 21 -120 AND 121 OF THE FREDERICK COUNTY CODE ADOPTED JANUARY 14, 1976. JUNK CARtORDINANCE TO BE ADVERTISED FOR PUBLIC HEARING IN OCTOBER There was a brief discussion regarding the County sticker provision as set forth in the proposed amendment to the Junk Car Ordinance with Mr. Rosenberger stated that he felt it was too restrictive. 1 /: The Board agreed to carry this amendment forward in order to allow further study by the Board and to advertise the same for public hearing in October. COMMITTEE RECOMMENDATIONS: COMMITTEE ON LAW ENFORCEMENT AND COURTS Dr. Fish presented the recommendations from the Committee on Law Enforcement and Courts and the following action was taken: SHERIFF'S DEPARTMENT APPROPRIATION $24,000 TO PURCHASE FOUR Mr. Bill Fadeley of the Sheriff's Department appeared before the Board and requested approval of a supplemental appropriation to purchase four additional police cruisers stating that the mid size cars now used by the Department are not satisfactory for the County roads they must travel. 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 approve a supplemental appropriation in the amount of $24,000 to the Frederick County Sheriff's Department for the purchase of four (4) additional police cruisers for the Frederick County Sheriff's Department for Fiscal Year 1977 -1978 and the disposition of the three'(3) mid size cars currently used by the process servers. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. MASSAGE PARLOUR ORDINANCE - FIRST AND SECOND READING - APPROVED The Massage Parlour Ordinance was presented for first and second reading. 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 the following ordinance on first and second reading and does direct the same be advertised for public hearing. AN ORDINANCE TO REGULATE THE OPERATION OF MASSAGE PARLOURS, HEALTH CLUBS, ETC. IN THE COUNTY OF FREDERICK, VIRGINIA, The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. RECOMMENDATION TO MOVE SHERIFF'S OFFICE TO COUNTY JAIL - TABLED Dr. Fish presented a recommendation of the Law Enforcement Committee to move the Sheriff's Office to the Frederick County - Winchester Jail. He stated that a supplemental appropriation of $10,000 would be needed to carry out this recommenda He moved to approve the recommendation and Mr. Cole seconded the motion. Mr. Rosenberger stated that he felt this matter should be studied further before a decision is made inasmuch as it may not be in conformance with the County's overall plan. He suggested that perhaps it could be referred to the Capital Facilities Committee for study and recommendation. Mr. Bill Fadeley appeared before the Board and stated that the Sheriff's Department is in dire need of space to maintain evidence and records and this move would alleviate that problem plus put all of the Sheriff's Department operation under one roof. Mr. Cole then moved to amend Dr. Fish' motion to refer this motion to the Capital Facilities Committee for study and recommendation. Mr. Malcolm stated that the Capital Facilities Committee had requested input from all County agencies and departments as to their future needs and to_datelall J • • • • 1�09 this information has not been received He stated that a meeting would be held as soon as sufficient data has collected.. Following a brief discussion Mr. Cole withdrew his amendment to Dr. Fish' motion and his second to Dr. Fish' motion to approve this recommendation. Dr. Fish subsequently withdrewi motion. The Board agreed that this matter would be tabled until the next regular meeting of the Board. ENGINEERING COMMITTEE RECOMMENDATIONS: Mr. Malcolm presented the recommendations from the Committee on Engineering is and Code Enforcement and the following action was taken: EXECUTION OF INC. FOR SOLID WASTE COLLECTION - Mr. Malcolm stated that the Engineering Committee recommended approval of the contract with Kwick Klean, Inc. for solid waste collection in Frederick County, as presented to the Board. Mr. Rosenberger asked about the contractor's bond and Mr. Renalds stated that E at the time of'execution of the contract, the contractor will be required to post a bond for six months service. There followed a brief discussion regarding sites and Mr. Malcolm advised that as the system operates, it may be necessary to reshuffle some of the sites. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County df Frederick, Virginia, does herein approve the following contract with Kwick4Klean, Inc for solid waste collection in Frederick County and does herein authorize the Chairman of the Board and the County Administrator to execute the same on behalf of the County COUNTY OF FREDERICK, VIRGINIA SECTION 3 CONTRACT CONTRACT, in quadruplicate, made this day of in the year r� LJ 19 , by and between KWICK KLEAN REFUSE, DIVISION OF BROWNING- FERRIS INDUSTRIES OF VIRGINIA, INC., hereinafter called the Contractor, and the COUNTY OF FREDERICK, VIRGINIA, a political subdivison of the Commonwealth of Virginia, hereinafter called the County. WHEREAS, The Contract for the collection and removal of refuse from the Refuse •' Collection System, as defined in Section 6 (Special Provisions), and disposal of all refuse at the disposal facilities of the County, all such services to be performed in strictLaccordance with the Contract Provisions, Special Provisions, Specifications and the County Code, has been awarded to the Contractor by the County, NOW, THEREFORE, Be it hereby understood, convenanted and agreed by and between the Contractor and the County that the following terms and conditions shall be effective: The Contractor, in consideration of the payments to be made by the County as set forth in Section 1 of the Contract Provisions, hereby convenants r d agrees, for and during a period of three (3) years, and in accordance with ovisions, terms, conditions and specifications hereinafter set forth. 1. To collect and remove refuse from all the Frederick County Container System tes, and provide all labor, materials, equipment, facilities and supervision for collection of the refuse, said work to be done under the direction of County. 110 2. Generally, to operate the refuse collection system of the County in a manner directed by it and in accordance with applicable ordinances and laws, and as more specifically described in the Special Provisions of this Contract, and to generally accomplish the changeover in operating conditions with a minimum of inconvenience to the areas to be served. IN WITNESS WHEREOF, The said contractor, Kwick -Klean Refuse, Division of Browning- Ferris Industries of Virginia, Inc., has signed these presents by its Executive Vice - President, attested by its of said company or corporation and affixed its seal hereto, the day and year first above written. AND the said County, by the Chairman of the Frederick County Board of Supervisors, attested by its aduly authorized agent;, the County Administrator has caused these presents to be signed and the corporate seal of the Frederick County Board of Supervisors to be hereunto affixed this day of , 19 ATTEST: ATTEST: J.O. Renalds, III County Administrator (SEAL) The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. FOR ADOPTION OF COUNTY EMBLEM - APPROVED Mr. Malcolm presented the background on the Frederick County seal stating that it has been used on Winchester - Frederick County historical publications for many years. He stated that the Committee felt the County should have some sort of emblem everyone could'i'dentify with and that the suggested logo would not replace the official seal of the County currently used on business and legal papers.:: Mr. Ambrogilstated that he could see no reason why this emblem could not be adopted by the Board. 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 adopt the emblem presented by the Committee on Engineering and Code Enforcement as the official emblem of Frederick County. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,l Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. Mr. Rosenberger presented the recommendations of the Finance Committee and the followifia action was taken: Executive Vice- President COUNTY OF FREDERICK, VIRGINIA By S. Roger Koontz, Chairman Frederick County Board of Supervisors L J • 0 - SUPPLEMENTAL 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 bf Frederick, L Virginia, does herein approve a supplemental appropriation in the amount of ; :$7,500 to the Winchester- Frederick County Volunteer Rescue Squad for Emergency Telemetry Communications Equipment as recommended by the Finance Committee. The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L.'F.ish, R. Thomas Malcolm, and Dennis T. Cole. AMENDMENT OF RESOLUTION RE: FUNDING FOR THE AUTHORITY - APPROVED 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, r; u Virginia does herein amend the resolution previously passed by this Board on June 26, 1974 with regard to funding for the Frederick - Winchester Service Authority to read as follows: BE IT RESOLVED, By the Frederick CountynBoard of Supervisors that the County does hereby certify that it will provide the necessary funds for administration and consulting engineering services for planning and design of regional wastewater facilities for the Frederick - Winchester Service Authority; said costs to be shared on -a fifty -fifty basis with the City of Winchester. The Funds advanced by the County are to be considered a loan to be repaid when the Service Authority obtains sufficient working capital from operations and /or the sale of bonds; said loans are be subject to final approval by the County. The above resolution was passed by 'the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. RESOLUTION REGARDING THE PURCHASE OF TWO -WAY RRADIO EQUIPMENT FOR COUNTY VOLUNTEER FIRE DEPARTMENTS - APPROVED V • I Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the Treasurer of Frederick County is hereby authorized to issue checks payable to the Commonwealth of Virginia, Department of Purchases and Supply in payment for two -way radios for County Volunteer Fire Departments upon receipt of checks in a like amount from theFF.ire Departments and upon receipt of said equipment; and, BE IT FURTHER RESOLVED, That the County Administrator is authorized to issue County Purchase Orders for said radios to the Commonwealth of Virginia, Department of Purchases and Supply. The above resolution was passed by the following recorded vote: Aye - C J S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L, Fish, R. Thomas Malcolm, and Dennis T. Cole. IDATION THAT PI h I: Mr. Rosenberger stated that he did not agree with the recommendation that the postage machine remain in the present location but would like this matter discussed by the Board. M'f::.Koomtk::asked if the current postage machine was sufficient to handle the v load and what the additional cost would be for,ranother machine. Mr. James E. Boyd, Director of Accounting replied that the current machine is sufficient to handle the workload andtthat the cost for another machine would be approximately $1,000 per year. He stated that he felt the question was a matter of convenience rather than necessity. Dr. Fish suggested that inasmuch as a recommendation is contained in the recent i 1 completed management study pertaining to this matter, that the Board carry it forward to a later date. The Board Concurred. REAPPOINTMENT OF H. DENIS HOOVER TO SHENANDOAH AREA AGENCY ON AGING - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, Virginia, does herein reappoint Mr. H. Denis Hoover to serve as Frederick County's BE IT RESOLVED, That the Board of Supervisors of the County of Frederick representative on the Shenandoah Area Agency. on Aging for a term of three years, said terms to commence in October 1977 and terminate in October 1980. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. MONTHLY STAFF REPORT - ACCEPTED After review, the monthly staff report was accepted. ANNOUNCEMENTS Post Office Buildin - Mr. Renalds stated that the Postal Service has indicated that they may be ready to discuss the sale of the old Winchester Post Office some- time during the month of September. Notification of HUD Grant Approval - Mr. Renalds stated that notification had been received of the approval of $446,000 on the County's HUD Grant and that the funds should be available in the very near future. Negotiations with FmHA for Water Service to Lone Oak Mr. Renalds reported that the Sanitation Authority is continuing work with the Sanitation Authority provide water service to the Lone Oak Subdivision. Mr. Goodling of FHA Dismissed - Mr. Koontz '-reported that Mr. Goodling, who had worked so closely with Frederick County, had been dismissed from his job with the FHA. He stated that he felt this would prove a hardship to Frederick County. Drought Program Extended - Mr. Koontz stated that the Drought Assistance am had been extended to December,'and that the area farmers are responding said program. L� • UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT BOARD OF SUPERVISORS DO NOW ADJOURN. •' R s (Q, tary A Special Meeting of the Frederick County Board of Supervisors was held on t 30, 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, and R. Thomas Malcolm. Mr. Cole arrived at the meeting approximately 9:10 P.M. 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 Tuesday, August 30, 1977, at 7:00 P.M. in the Frederick County Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, for the following purposes: 0 1i n 0 1. Discussion of management study with representative from Municipal Advisors, Inc. 2. Such other business as may come before the Board. Signed and attested this '30th day of August , 1977. • • ATTEST: /s/ J. O. Renalds, III J. 0. Renalds, III Clerk of the Board of Supervisors DISCUSSION - MUNICIPAL ADVISORS, INC. REPRESENTATIVE RE: MANAGEMENT STUDY Mr. Koontz introduced Mr. Thomas R. McCann, Vice President of Municipal sors, Inc., and stated that the Board would like to briefly review each of the 42 recommendations set forth in the management study with Mr. McCann. Mr. McCann then proceeded to read each of the recommendations and explain iefly the reasons therefor. The Board members presented their comments and comments were received from the public in attendance. • Following review and discussion of each recommendation, the Board agreed to several recommendations and to discuss further the remainder. Those recommendations set forth for acceptance were Recommendations Number , 2, 3, 4, 6, 7, 9, 12, 15, 16, 19, 20, 22, 23, 24, 25, 26, 27, 28, 30, 32, 34, 36, 7, and 39. Those recommendations set forth for further discussion were Recommendations 5, 10, 11, 13, 14, 17, 18, 21, 29, 31, 33, 35, 38, 40, 41, and 42. Mr. Koontz requested the Board members to study.those recommendations set forth further study so that they might be discussed more thoroughly at a future . UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE OF SUPERVISORS DO NOW ADJOURN. r C /s/ S. Roger Koontz S. Roger Koontz Chairman /s/ Thomas B. Rosenber er Thomas B. Rosenberger Vice Chairman Back Creek District /s/ Raymond L. Fish Raymond L. Fish Gainesboro District /s/ Will L. Owings Will O ii O Opequon District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Dennis T. Cole Dennis T. Cole Stonewall District /s/ Lawrence R. Ambro i Lawrence R. Ambrogi Commonwealth Attorney cretary Board of Supervisors 1.13