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September 14, 1977 to September 28, 1977114 i A Regular Meeting of the Frederick County Board of-Supervisors was held on September 14, 1977 in the Board Of Supervisors' Meeting Room, 9 Court Square, , Virginia. PRESENT: S. Roger Koontz, Chairman;-i•:Thomas B. Rosenberger, Chairman, Dr. Raymond L. Fish, Will L. Owings,-R. Thomas Malcolm, and Dennis T. Cole. The Chairman called the meeting to order. The Reverend James Colquhoun of the Opequon Memorial Presbyterian Church vered the invocation. APPROVAL OF 81INUTES 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, rginia does herein approve the minutes of the Special Meetings of this Board ld on August 17, 1977 and August 30, 1977 as submitted. 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. JOINT MEETING WITH FREDERICK COUNTY PLANNING COMMISSION DISCUSSION OF PROPOSED WORK PLAN Mr. Langdon Gordon, Chairman of the Frederick County Planning Commission asked . Berg to present the proposed work plan of the Planning Commission for fiscal ar 1977 -1978. Mr. Berg stated that the Planning Commission had listed the follow areas;. that the first four are listed by priority and the second group is not listed by priority. A. 1. Capital Facilities Plan 2. Complete the Comprehensive Plan Housing, Recreation, and Capital Facilities inventory 3. Down zoning 4. Review lot requirements for subdivision and variance procedure B. 1. Revisions to the business zoning districts 2. Adjustments to the business zoning in Sunnyside 3. Revisions to the sign regulations Mr. Berg explained that the Capital Facilities Plan is a part of the Com- ve Plan for the County. Mr. Koontz asked if the'Planning Commission was with the Capital Facilities Committee on this plan and Mr'. Malcolm stated t they were but that the Planning Commission by statute is responsible for the paration and presentation of the Capital Facilities Plan to the Board of Sup - isors for consideration and adoption. He stated that he felt the relationship f the Capital Facilities Committee with the Planning Commission in developing this lan should be spelled out. Mr. Renalds stated that that the Capital Facilities Committee was appointed to btain information regarding the needs of the County and the direction the Board f Supervisors wants to pursue needs to be clearly defined. He advised that when his information is compiled it will be turned over-to the Planning Commission for of the Capital Facilities Plan. Mr. Rosenberger stated that he felt the first decision must be whether or not Board wishes to stay in the City or move out into the County. Mr. Berg advised that the Capital Facilities Committee was formed to address office buildings and court facilites needs but that the Comprehensive Plan ld include much more than this such as landfill needs, schools, parks and creation needs, etc. • J • • • 1. Mr. Cole stated that he agreed with Mr. Rosenberger and that the Board of 115 Supervisors should give some guidelines to the Committee otherwise it was useless for them to continue to meet. Mr.:.Berg stated that regarding down zoning, there is a tremendous amount of property setting vacant -in the County which has.a potential for great impact on the County should it now be developed. He advised that there are several old re- zonings which should be reviewed and considered for return to their previous zoning classification. Mr. Berg then btiefly reviewed the projects listed under Section B and stated that the Planning Commission wanted direction from the Board as to the priority of this listing. Following a brief discussion the Board agreed that the Planning Commission • should work on the Comprehensive Plan which would include a Capital Facilities Plan and study down zoning and review lot requirements for subdivision and variance procedures. Dr. Fish suggested that the Board be given in their agendas, once a month,..a • synopsis of the actions of the Planning Commission so that they might be kept informed. The Planning Commission agreed to provide this information. Mr. Cole suggested that the Planning Commission hold public meetings in each magisterial district to receive input from the public. Mr. Cole also suggested that the project "Revisions to sign regulations" be stricken from the work plan and Mr. Gordon stated that this should be included in the long range plans. There was a brief discussion regarding the procedure to be followed in deve- loping the Comprehensive Plan and Mr. Berg advised that both the Planning Commission and Board will hold public hearings on the plan and that it would be reviewed at least every five years. Mr. Koontz thanked the Planning Commission members for the presentation of r - 1 U the work plan and requested that they continue work -on the Comprehensive Pla n including the Capital Facilities component as well as down zoning and lot require- ments for subdivisions and 'variance procedures. HIGHWAY DEPARTMENT - PLACEMENT OF ROAD SIGNS DISCUSSED Mr. Koontz stated that he had been in touch with the Highway Department regarding the placement of road signs in the County. Mr. Renalds advised that if the Board decided to proceed with this project, there were two alternatives to consider; first, should the Board agree to go with and white signs, the Highway Department will place them but the Board of • Supervisors would be responsible for any replacement necessary and secondly, should the Board go with the black and white signs, the Highway Department will place them and maintain or replace them as necessary. Mr. Owings stated that he was not in favor of this project insasmuch as he felt it could get out of control. There was a brief discussion regarding the official names or roads in the County and which roads would have signs placed on them. Upon motion made by Dennis T. Cole and seconded by Raymond L. Fish, L , BE IT RESOLVED; That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that a Committee, to be known as the "Road Naming Committee" be appointed to study the project of. placing road signs in Frederick County said committee to consist of one representative from each magisterial district. The above resolution was passed by the following recorded vote: Aye - :I 116 S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, 1 and Dennis T. Cole. Nay - Will L. Owings. i Mr. Koontz requested each member to present a nomination from his district to this committee at the next - meeting. PUBLIC HEARINGS for. Berg presented the rezoning request to rezone Parcels 90 -94 on Tax Map 74(A) , a nd 7 -10 on Tax Map 74 from R -2 to R -3. There was no opposition. 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, Jirgiria, does herein approved, on third and final reading, the following zoning amendment: 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 PARCLES 7 -10 ON TAX MAP 74(B) AND ARE IN.THE OPEQUON MAGISTERIAL DISTRICT. 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. AN ORDINANCE TO REGULATE THE OPERATION OF MASSAGE PARLOURS, HEALTH CLUBS. ETC. IN THE COUNTY OF FREDERICK, VIRGINIA, THIRD AND FINAL Mr. Renalds presented the Massage Parlour ordinance. There was no opposition. Dr. Fish asked if the Sheriff was familiar with this ordinance and his ty to enforce it and Mr. Renalds stated that the Sheriff had a of the ordinance and had two representatives at the meetings when it was 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, irginia, does herein approve, on third and final reading, the following ordinance. IN ORDINANCE TO REGULATE THE OPERATION OF MASSAGE PARLOURS, HEALTH CLUBS, ETC. IN THE COUNTY OF FREDERICK VIRGINIA For the purposes of this ordinance, the following words and phrases shall have meanings respectively ascribed to them by this section: Health Club Any establishment which offers service in the form of massage, ,s, exercises or similar services, in combination to club members, or to the lic for a charge. The term "Health Club" does not include (1) hospitals, nursing homes, 1 clinics, or the offices or quarters of a physician, a surgeon, or an osteopath; or (2) exercise clubs exclusively for members or clientele of one sex alone where the services, without massage in any form, are performed by persons the same sex as the member or clientele; or (3) barbershops and beauty parlours. Masseur and Masseuse: A person who practices any one or more of the arts of massage, either by hand or mechanical apparatus, oil rubs, corrective gym- nastics, mechanotherapy, including color therapy, dietetics, hot packs, cabinet, J • i • C , J • tub, shower, sitz, vapor, steam or any other special type of bath. 117 SECTION 2. - AUTHORITY. This ordinance is enacted pursuant to Section 15.1 =510 of the Code of Virginia, • 1950, as amended, for the purpose of securing and promoting the health, safety and general welfare of the people of the County. SECTION 3. - POLICY It is hereby declared that the business of operating health clubs, as defined in this ordinance, are businesses affecting the public health, safety and general welfare. SECTION 4. - COMPLIANCE. It shall be unlawful for any person to engage in the business of a health club without a permit', or being in violation of any requirements or prohibitions set forth in this ordinance or any regulation issued pursuant thereto. SECTION 5. - PERMITS (A) No health club shall operate without first obtaining a permit. (B) No permit shall be issued for any health club except to an owner or CJ manager who is either (1) a physician, (2) a registered nurse with at least two years nursing experience, (3) a licensed practical nurse with at least four years nursing experience or (4) a registered physical thereapist. (C) Permits forms.are obtainable and are processed in the Frederick County Sheriff's Department. (D) Additional permits required: 1. It shall be unlawfull for any person as defined in subsection (I) • below to own or manage a massage parlour or health club as defined herein, or to give a massage within the County of Frederick, or to offer to give a massage in the County of'Frederick, or to offer to give a massage elsewhere if such offer is made within the County of Frederick or for any masseur or masseuse to give or offer a massage without a valid nonsuspended permit issued pursuant to this ordinance. Said permit must be conspicuously posted in the massage parlour or health club, that is, so that the permit may be readily seen by persons entering the premises in the public room thereof or if said massage is given in other than a health club, said permit must be available on request. 2. It shall be unlawful for any person as defined in subsection (I) below to establish, maintain or operate a health club in which he or a masseur or masseuse who does not have a valid nonsuspended permit pursuant to this ordinance performs or offers to perform, or where -it is offered to perform massages, or to offer a massage in the County of 11 I Frederick or-elsewhere except as provided for in this ordinance. (E) Any person desiring a permit hereunder shall make application to the Sheriff on forms provided by him. Each permit application shall be accompanied by an application fee of $50.00; payable to the County of Frederick. Each application shall contain the name, address, current and last previous employment• of the applicant. In addition, such application shall include a sworn statement as to whether or not the applicant has been within the last five (5) years con- victed, pleased nolo contendere, or suffered a forfeiture on any felony charge or on a charge of violating any provision included in Sections 18.1 -236, Code of Virginia (1950) as amended, which laws relate to sexual offenses, or on a charge of violating a similar law of any other'jurisdiction or on a charge of violating any provision of this ordinance or similar ordinance in any other jursidiction. The application shall state thereon that "it is unlawful for any person to make a 118 lse statement on this application, and discovery of a false statement shall nstitute grounds for denial of an-application or revocation of a permit." applicant shall be photographed and have his or her fingerprints taken, which rprints and photograph shall constitute part of the application. The permit be valid for a period of one year, and it may be renewed for additional one- periods upon the filing of a new application and payment of the $50.00 app- tion fee. All provisions of this ordinance shall apply to renewals in the same er 'as they apply to applications for and granting of initial permits. (F) Upon receipt of the application fee as provided for in the preceding on, the Sheriff shall make or cause to be made a thorough investigation rel- tive to the application. The Sheriff shall deny any application for a permit this ordinance after notice and hearing if the Sheriff finds that the applicant been during the previous five (5) years convicted; pleaded nolo contendere, suffered a forfeiture on any felony charge or on a charge of violating any included in Sections 18.1 -187 through 18.1 -215 and Section 18.1 -227 through 1 -236, Code of Virginia (1950), as amended, which laws'relate to sexual offenses, on a charge of violating any similar law of any other jursidiction, or on a rge of violating any provision of this ordinance or similar ordinance in any jursidiction. The making of a false statement on the application as pro- ided for in this ordinance shall also be ground for denial of this permit. Notice the hearing before the Sheriff for denial of this application shall be given in ting, setting forth the ground of the proposed denial of permit and the time place of the hearing. Such notice shall be mailed by certified mail to the 's last known address at least five days prior to the date set for the hearing. The Sheriff shall 'notify the applicant within five days of his decision or within thirty days of his receipt.of the.application, whichever is the sooner. (G) The Sheriff shall revoke the permit of any person after notice and hearing if the Sheriff finds that such person has been within the previous five (5) years convicted, pleaded nolo contendere, or suffered a forfeiture on any felony charge or on a charge of violating any provision included in Section 18.1 -lB7 through 18.1 -215 and Sections 18.1 -227 through 18.1 -236, Code of Virginia (1950) as amended, Which laws relate to sexual offenses, or on a charge of violating any provision of s ordinance or similar ordinance in any other jurisdiction. The permit shall o be revoked by.the Sheriff if he finds after notice and hearing that any permit der has made a false statement on the application provided for herein. Notice the hearing before the Sheriff for revocation of the permit shall be given in iting, setting forth the grounds of the proposed revocation and the time . d place of the hearing. Such notice- shall mailed by certified mail to the t holder's last known address at least five days prior to the date set for hearing. (H) It shall also be unlawful for any person to purport to hold a valid permit when they do not, or to fail to display, upon request to any police officer, identification that he or she is, in fact, the person displaying the permit; or fail to display the permit upon request by a police officer, it shall likewise be an automatic cause for revocation of the permit of any owner or manager•,of a sage parlour should they have two or more violations of these provisions in their establishment within a twelve -month period. (I) A "person" applying for a permit hereunder shall include a partnership or association and any partner or member:., thereof, or if the applicant is a corp- it shall include any officer, director or manager thereof or shareholder n U C. • • L� ing ten percent or more of its stock and shall likewise include members of both s (J) In the event the Sheriff should deny or revoke any permit hereunder the mitted to it. The Board of Supervisors shall notify the applicant or permit holder within five days of its decision or within thirty days of the hearing whichever is sooner. SECTION 6. - TRAINING OF MASSEUR OR MASSEUSE: No person shall give or offer or hold oneself out to offer a massage as a • masseur or masseuse within the meaning of this ordinance or employ, or engage as an independent contractor, any masseur or masseuse who gives, or offers, or holds oneself out to offer, a massage unless such person shall have satisfactorily com- pleted a course or courses of study in body massage in an approved school of in- struction or training within the criteria and guidelines set forth below: (A) Said courses shall pertain to anatomy, physiology, hygiene, first aid, exercise therapy, massage techniques and related aspects of the art and science. (B) A course of study in body massage shall constitute one thousand (1000) • hours of study in connection with the approved school. 1. Five hundred hours of which shall be accredited instructional hours pertaining to: (A) Classroom or clinical training in therapeutic massage and reflexology techniques. (B) Classroom or clinical instruction or contraindications for massage. (C) Classroom - or clinical or laboratory instruction to develop a knowledge' of the anatomy and physiology of the systems of the body with emphasis of the muscular and skeletal systems; 2. The additional five hundred hours may be accomplished simultaneously • with the academic, clinical or classroom or laboratory training by virtue of what is commonly known as "on the job training" or can be certified to by an employer ' of a masseur or masseuse by sworn affidavit as having been accomplished during or before the effective date of this ordinance. (A) Such training shall pertain to understanding the benefits of massage, and, (B) Assisting the students in developing an awareness of massage as a therapeutic process. • Any school or education institution licensed to do business as a school or educational institution in the State in which it is located and providing requisite training herein provided for shall constitute an approved school. Any school recognized by, or approved by, or affiliated with the American Massage and Therapy Association, Inc., shall constitute an approved school. Compliance with this Section shall first be determined by the Sheriff with' the same rights of appeal and hearing to the Board of Supervisors as elsewhere granted II in this ordinance. - For persons presently employed-as a masseur or masseuse in the'County of Frederick, this section shall not apply until January 1, 1978. Present employment shall be established by sworn affidavit from the employer; after which time such person must be actively engaged, enrolled or participating in a course of study desinged to fulfill the requirements of this Section and which is certified to 11 -9 1 applicant shall have an automatic right-to appeal such denial or revocation to the Board of Supervisors. The Board of Supervisors shall hold a hearing with the same procedural guidelines as those set forth for the Sheriff within thirty days of the date of the denial or revocation. The Board of Supervisors shall render its decision after a review of the findings of the Sheriff and any other evidence sub- mitted to it. The Board of Supervisors shall notify the applicant or permit holder within five days of its decision or within thirty days of the hearing whichever is sooner. SECTION 6. - TRAINING OF MASSEUR OR MASSEUSE: No person shall give or offer or hold oneself out to offer a massage as a • masseur or masseuse within the meaning of this ordinance or employ, or engage as an independent contractor, any masseur or masseuse who gives, or offers, or holds oneself out to offer, a massage unless such person shall have satisfactorily com- pleted a course or courses of study in body massage in an approved school of in- struction or training within the criteria and guidelines set forth below: (A) Said courses shall pertain to anatomy, physiology, hygiene, first aid, exercise therapy, massage techniques and related aspects of the art and science. (B) A course of study in body massage shall constitute one thousand (1000) • hours of study in connection with the approved school. 1. Five hundred hours of which shall be accredited instructional hours pertaining to: (A) Classroom or clinical training in therapeutic massage and reflexology techniques. (B) Classroom or clinical instruction or contraindications for massage. (C) Classroom - or clinical or laboratory instruction to develop a knowledge' of the anatomy and physiology of the systems of the body with emphasis of the muscular and skeletal systems; 2. The additional five hundred hours may be accomplished simultaneously • with the academic, clinical or classroom or laboratory training by virtue of what is commonly known as "on the job training" or can be certified to by an employer ' of a masseur or masseuse by sworn affidavit as having been accomplished during or before the effective date of this ordinance. (A) Such training shall pertain to understanding the benefits of massage, and, (B) Assisting the students in developing an awareness of massage as a therapeutic process. • Any school or education institution licensed to do business as a school or educational institution in the State in which it is located and providing requisite training herein provided for shall constitute an approved school. Any school recognized by, or approved by, or affiliated with the American Massage and Therapy Association, Inc., shall constitute an approved school. Compliance with this Section shall first be determined by the Sheriff with' the same rights of appeal and hearing to the Board of Supervisors as elsewhere granted II in this ordinance. - For persons presently employed-as a masseur or masseuse in the'County of Frederick, this section shall not apply until January 1, 1978. Present employment shall be established by sworn affidavit from the employer; after which time such person must be actively engaged, enrolled or participating in a course of study desinged to fulfill the requirements of this Section and which is certified to 11 -9 1 120 by an official of the approved school. The burden of establishing such active engagement enrollment or participation shall be upon the person seeking a permit herein. For persons not so employed, this Section shall be effective upon passage and permits for any person within Section 5 above shall be revoked on January 1, 1978, unless those persons presently employed are pursuing the study set forth by that date. In no event shall any person within the purview of this ordinance act as aforesaid without satisfying the training requirements provided for herein. SECTION 7. - EQUIPMENT STANDARDS (A) All tables, tubs, shower stalls and floors, except reception and ad- ministrative areas, shall be made of nonporous materials which may be readily dis- infected. (B) Closed containers shall be provided for wet towels and waste material. SECTION 8. - BUILDING STRUCTURE AND LAYOUT (A) No health club shall begin operations until the building occupied shall have been approved by the Board of Supervisors, which shall establish procedures for investigation and report by the administrative officers of the Department of inspections. (B) An applicant for a permit to operate a health club shall submit to the Department of Inspections plans and specifications of the quarters proposed to be occupied. Such plans shall show details of entrances, partitions, windows, openings, ventilation, plumbing fixtures, water supply and vent connections. (C) Each health club shall be equipped with separate and readily available toilet and lavatory facilities for patrons, and separate and readily available toilet and lavatory facilites for personnel. Each area shall be equipped with a hand lavatory. (D) Either the club quarters or the floor of the building on which the quarters are located shall be equipped with a service sink for custodial services. SECTION 9. - SANITATION AND HYGIENE. (A) All equipment, shower stalls, toilets, lavatories and any other such accoutrements of the establishment shall be regularly treated with disinfectants, and shall be maintained in a clean and sanitary condition at all times. (B) Health,•building, plumbing, electrical, and other inspectors shall be given access to any part of the quarters of a health club for purposes of inspection at all reasonable times. (C) No person shall practice any of the services of a health club without a certificate of good health issued by a duly licensed physician, commensurate with the nature of the services rendered. Such certificate shall be renewed every six months. (D) No health club shall knowingly serve any patron infected with any fungus or other skin infections; nor shall service be performed on any patron exhibiting skin inflammation or eruptions; provided, that a duly licensed physician may certify that a person may be safely served, prescribing the condition thereof. 03) All personnel shall wash his or her hands in hot running water, using a proper soap or disinfectant, before giving any service or treatment to each separate patron. O') All towels and tissues, all sheets or other coverings shall be used 43) ly. ".patron-•.and:zdi §carded for laundry or disposal immediately after use! Nondisposable tools of the trade shall be disinfected after use upon a • • • • II patron. 12*1 11 No part of any quarters of any health club shall be used for,'or connected with, bedroom, or sleeping quarters; nor shall any person sleep in'such health club except for limited peft6d9r. incidental to and directly realted to a massage or bath. This provision shall not preclude the location of a health club in separate quarters of a building housing a hotel or other separate businesses or clubs. X. It shall be unlawful for any establishment, regardless of whether it is a is or private facility, to-operate as a massage salon, bath parlour or any imilar type business where any physical contact with the recipient of such services is provided by a person of the opposite sex. Any person violating the provisions • of this section, shall upon conviction, be punished as provided in this Code; and in addition to such penalty, it shall be the duty of the Board of Supervisors revoke the license of the owner or manager of the establishment, wherein the isions of this section shall have been violated SECTION 12. - PROHIBITED ACTS. No owner or manager of a health club shall tolerate in his establishment, any ' activity or behavior prohibited by laws of the Commonwealth, particularly, but not exclusive of, Chapter 4, Article 1, Title 18, Sections 18.1 -187 et seq., pro- 0 11 scribing prostitution, sodomy, a bawdy place, adultery, fornication and any lewd lascivious cohabitations, etc.; and Article III thereof, Section 18.1 -227 being State statute on obscenity, dealing with shameful or morbid interest in nudity r sex, which appeals to prurient interest, and which covers obscene items, exhibi- ions, performances, indecent exposure, illicit photographs or photographic activity nd illicit modeling. Nor shall any owner or manager tolerate in his or her establishment any activity r behavior which violates the Frederick County Code, particularly, but not exclusive f those sections which parallel the State statutes on immorality and obscenity uch violation. Should any section or provision of this ordinancei-be declared invalid or itutional, such decision shall not affect the validity, constitutionality, • or enforcement of any other section or provision of this ordinance. 1qPrMTnM 1 d _ - RFFRrMTVR namr _ This ordinance shall be in full force and effect upon adoption by the Frederick County Board of Supervisors. Approved by the Board of Supervisors of County'. of Frederick, Virginia September 14, 1977 ' J.O. Renalds, III County Administrator ARK The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosneberger Dr. Raymond L. Fish, Will L. Owings, . Thomas Malcolm, andl;. Dennis T. Cole. detailed above. • Any conviction of any employee of a health club of a violation of the fore- going mentioned statutes and codes shall devolve upon the owner or manager of such club, it being specifically declared hereby that following such conviction of an ' employee, the owner or manager of the club shall be prosecuted as an accessory to uch violation. Should any section or provision of this ordinancei-be declared invalid or itutional, such decision shall not affect the validity, constitutionality, • or enforcement of any other section or provision of this ordinance. 1qPrMTnM 1 d _ - RFFRrMTVR namr _ This ordinance shall be in full force and effect upon adoption by the Frederick County Board of Supervisors. Approved by the Board of Supervisors of County'. of Frederick, Virginia September 14, 1977 ' J.O. Renalds, III County Administrator ARK The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosneberger Dr. Raymond L. Fish, Will L. Owings, . Thomas Malcolm, andl;. Dennis T. Cole. 1�2 2 ORDINANCES - FIRST AND SECOND READING ZMAP NO. 012 -77 OF JIC, LTD. TO REZONE 10 The following ordinance was read on first and second reading: ZMAP No. 012 -77 of JIC, Ltd., 32 East Main Street Berryville, Virginia, hereby requests that 10.00 acres; more or less, located on Route #728 just off Route 50•now zoned Industrial - General (M -2) be rezoned: Industrial- Limited (M -1). This property is designated as Parcel No. 80 on Tax Map 64 and is in Shawnee Magisterial District. 9he above resolution was passed by the-following recorded vote: Aye - S. Roger Koontz, Thomas B.'Rosenberger,' Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. The Board recessed for ten minutes. PRESENTATION CHAPTER 10 BOARD Mr. Jim Sumption, Mrs. Catherine Monte and Mr. Bob Sowers appeared before the Board and presented a quarterly report for the Chapter 10 Board which included statement. Mrs. Monte presented a report describing the administration of the Board and the areas it serves. She described the programs offered and their locations throughout the area. W. Bob Sowers presented a report on the future objectives of the Chapter 10 Board stating that they would be handling the Alcohol and Substance Abuse Program in the very near future, along with other projects. Mr. Sumption advised that•athe policy statement would serve as a guideline for the Board. He stated that fee collection is a very important factor and fees are set according to what a patient is able to pay. Mr. Cole stated that he was very impressed and grateful for the work of the Chapter 10 Board and felt they provided an invaluable service to the community CAPITAL FACILITES COMMITTEE REPORT W. Malcolm presented the report of the Facilities Committee and stated that it was their understanding that they were to determine the needs for office space, etc. He stated that all agencies and departments had been asked to submit their needs and that some had responded while others had not. Mr. Malcolm advised that the schools were waiting to submit their needs until such time as a visiting study committee makes its recommendations on said needs. He stated that the Committee needed direction from the Board as to what their wishes - are and that the first question was whether to stay in the downtown area or move out into the County. Mr. Malcolm stated that the Committee felt it was useless to meet- until such time the Board has given them direction as to what possibilities they want studied. Mr. Cole agreed and stated that the Committee did not know which direction the Board wanted to pursue. 9here was a brief discussion as to the cost for consultant assistance to update the plan previously drawn up for use of the current downtown.facilities. Mr. Rosenberger suggested that the various alternatives be explored and costs presented on each one before the Board makes a decision as to what direction to go. Mr. Koontz advised that he had met regularly with the Mayor and City re- presentatives to discuss space problems and he felt the Board might be able to give the Committee more specific direction in the very near future. IY: Fish suggested that the Committee proceed in three steps: (1)' Define the problems, (2) designate goals, and (3) list the choices with approximate costs. • • • • r 12.3 Mr. Malcolm stated that in order to investigate and present alternatives, there would be a cost factor. The Cooper study was discussed briefly and Mr. Malcolm advised that three alternatives had been set forth in that study together with the approximate cost of each and that if the Board wanted additional options, funds would have to be spent to provide them. Mr. Renalds advised that the Board would have to proceed in increments what- ever direction they chose and that it would be foolish to invest funds in the downtown area and then not stay there. Mr. Owings stated that he felt the committee he and the Chairman had been. • working on, along with City representatives, would be ready to make a report by the October 12th meeting. Mr. Rosenberger stated that he would be willing to wait until the October 12th meeting but at that time would push the Committee on Capital Facilities to move forward on this project. RECOMMENDATIONS FROM COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT Mr. Malcolm presented the recommendations from the Committee on Engineering E and Code Enforcement and the following action was taken: WINCHESTER T.V. CABLE COMPANY AGREEMENT - APPROVED Mr. Malcolm advised that the Engineering Committee recommended approval of the agreement with the Winchester T. V. Cable Company as set forth in the agenda. Mr. Dickson stated that the assignees should be changed to read Marion P. Lewis, Vice President and John P. Lewis, Secretary- Treasurer. This correction was confirmed by the Board. 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 approve the following agreement with the Winchester T.V. Cable Company: A G R E E 17 E N T For and in consideration of the provisions and conditions herein contained Virginia, hereinafter known'as the County, acting through its duly elected Board of Supervisors pursuant to Title 15.1, Section 23.1 of the Code of Vir- ginia of 1950, as amended, and the Winchester T. V. Cable Company, hereinafter known as the Company, do hereby enter into this Agreement. and the mutual benefits to be derived herefrom, the County of Frederick, The County does hereby grant unto the Company, its successors and assigns, • a non - exclusive franchise, right of convenience, or privilege to erect, operate and maintain poles, cables, and all other electrical equipment, structures, or fixtures necessary and incidental to the operating of a community antenna system service and closed circuit television transmission service over, upon, and across the streets, alleys, sidewalks, and other places of the County, and to use the property of other companies upon such arrangements and conditions as the companies may agree, for the - purpose of 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, in accordance with and limited to the provisions of the Ordinance of the County known and cited as the "Community Antenna Television Franchise Ordinance" and duly enacted amendments thereto, for a period of fifteen (15) years, commencing on September 14, 1977, .12 4 with the option to extend said agreement for an additional'ten (10) year period. Renewal option shall not be automatic. The Company does hereby agree to erect, operate, and maintain a community antenna system and closed circuit television transinission system in accordance with and limited to the provisions of the Ordinance of the County known and cited as the "Community Antenna Television Franchise Ordinance ", and any duly enacted amendments thereto. The Ordinance of the County known and cited as the "Community Antenna Television Franchise Ordinance" is hereby incorporated herein and made a part hereof as fully as if set forth herein, and the County and Company do hereby agree to be bound by the terms conditions, and provisions set forth therein and to be bound by the 'terms, conditions, and provisions of any duly enacted amendment thereto. IN WITNESS WHEREOF, we, this 15th day of September, 1977, have set hand and seals. COUNTY OF FREDERICK, VIRGINIA ATTEST: By: S. Roger Koontz, Chairman Frederick County Board of - Supervisors J. O. Renalds, III County Administrator (SEAL) WINCHESTER T.V. CABLE COMPANY By: Marion P. Lewis, Vice President ATTEST: John P. Lewis, Secretary- Treasurer (SEAL) The above resoluton 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. APPROPRIAT TRTnM - DP OF Upon motion made by R. Thomas Malcolm, and seconded by Thomas B. Rosenberger, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that a supplemental appropriation in the amount of $7,000 is hereby authorized to supplement the executed performance bond for road construction in the Zeiger Subdivision; and, BE IT FURTHER RESOLVED, That the following supplemental appropriation be recorded in the General Operating Fund for the fiscal year ending June 30, 1978: 19- 018E -699B Road Construction - Zeiger Subdivision $7,000 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, snd Dennis T. Cole. ITE LEGAL PR( LEON B. ZEIGER 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 instruct the Commonwealth's Attorney to institute legal • L 17j • L J 125 r proceedings.aga:inst•.Leon B. Zeiger to recover $7,000 appropriated by the County to complete road construction in Zeiger Subdivision, Section VI due to Mr. Zeiger's deficient performance bond to accomplish said work, and further to seek to recover any and all legal expenses borne by the County in the course of said legal proceedingf The above resolution was passed by the following.recorded'vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will I.L. Owings, R. Thomas Malcolm, and Dennis T. Cole. SUPPLEMENTAL APPROPRIATIONS - ADDITIONAL PLUMBING INSPECTOR - APPROVED Mr. Chester Webber, Plumbing Inspector for Frederick County, 'appeared the Board and stated that since the Sanitation Authority has expanded theii: he is not able to keep up with the additional workload. E bt.,Rosenberger asked if the plumbing inspectors and building inspectors d be cross trained and Mr. Carroll Brown stated that this is the intention of his department and he felt this would enable them to better serve the County. Mr. Malcolm stated that the Engineering Committee recommended approval of this request. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings. E BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, inia, that the requested position of Assistant Plumbing Inspector is hereby approved at an annual salary of $10,650; and, BE IT FURTHER RESOLVED, That a supplemental appropriation in the total amount $13,000, representing salary and expenses for the remainder of the fiscal year ending June 30, 1978, is hereby approved;.and, BE IT RESOLVED, That Public Works Employment Act - Title II funds in the amount of $5,929 are hereby obligated towards the salary:requirements of the assistant plumbing inspector for the fiscal year 1977 -78; and, BE IT FURTHER RESOLVED That the following supplemental.appropriations are directed to be recorded in the County records: Fund Anorooriations: 1• 10- 01OC -113A Compensation of Assistant Plumbing Inspector $ 7,988 10- OIOC -213B Insurance Premiums - Auto . 178 10- 01OC -215A Repair and Replacement - Auto 238 10 -01OC -221 Schools and Training 158 O1 -01OC -300 Auto Tires and Parts 158 O1 -01OC -312 Gas, Grease and Oil 594 O1 -01OC -403 Furniture and Fixtures 300 19 -01OC -400 Automobile 3,386 TOTAL $13,000 1he above resolution was passed by the following recorded -vote: Aye - • IS. Roger Koontz,.Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings, and Dennis T. Cole. RIGHT -OF -WAY AGREEMENT - ARMEL SCHOOL PROPERTY - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, B; IT RESOLVED, That the Board of Supervisors of the County of Frederick Virginia, does herein approve a right -of -way agreement across the Armel School Property with the Potomac Edison Power.Company for the construction and erection of a power line across said property, a copy of said agreement to be kept on file in the office of the County Administrator; and, BE IT FURTHER RESOLVED, That the Board does herein authorize the Chairman lof the Board to execute said agreement on behalf of the County. The above resolution was passed by the following recorded vote: Aye - Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, IR. Thomas Malcolm, and Dennis T. Cole. 0 126 RECOMMENDATIONS REGARDING MAI SUGGESTIONS - APPROVED 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 approve the recommendations of the Committee on Engineering and Code Enforcement with regard to the recommendations of Municipal Advisors, Inc. as set forth below: (a) Recommends enforcemen (b) Recommends site plans (c) Recommends evaluation that Item 31 with regard t officer be not approved that Item 33 with regard and subdivisions not be that Item 42 be approved of .space for the Welfare to a zoning at this time to standards on approved for implementation with regard to the Department 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. RECOMMENDATIONS FROM COMMITTEE ON LAW ENFORCEMENT AND COURTS Dr. Raymond L. Fish presented the recommendations from the Committee on law enforcement and Courts and the following action was taken:, 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 supplemental appropriation, for the fiscal year ending June 30, 1978, is hereby approved in order that the jailor's quarters in the Frederick County - Winchester Jail may be renovated for office space: General Operating Fund: 06- 006B -215B Repairs and Replacement - Buildings and Grounds 0 $7,800 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. ERAL ASSEMBLY TO PAS£ There was a brief discussion regarding the wording of the proposed re- solution and Mr. Rosenberger stated that he felt the Board should not try to tell the Courts what to do but rather should ask for legislation in this regard. Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of.Supervisors df'-the County of Frederick, Virginia does herein urge the Virginia General Assembly to pass legislation such that any adult convicted of breaking and entering 4-home or place of business be required to serve a minimum of one year in jail. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R.•;. Thomas Malcolm, and Dennis T. Cole. Nay - Thomas B. Rosenberger SUPPLEMENTAL APPROPRIATION - ADMINISTRATIVE ASSISTANT FREDERICK COUNTY SHERIFF'S DEPARTMENT - APPROVED Sheriff Mauck appeared before the Board and requested the transfer of one of his employees from a CETA position to a position'of administrative assistant a +..salary of $10,000. He stated that this employee is performing a very vital function for his department and therefore this makes it possible to have more deputies on the road. . Mr. Malcolm asked wha the CETA salary for this position was and Sheriff Mauck replied $7,500. Mr. Malcolm then asked if it would not be more feasible for the County to keep the employee on CETA and pick the additional funds and Mr. Dickson stated that he did not know if CETA would permit this. • is 1.2 7 Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, rginia, that the position of Administrative Assistant to the Sheriff is hereby zed at an annual salary of $10,000 per year, effective October 1, 1977; and, ' BE IT FURTHER RESOLVED, That the Sheriff of Frederick County shall request said position to be recognized by the State Compensation Board in order that two- rds of this salary may be reimbursed to the County; and, BE IT FURTHER RESOLVED, That the following supplemental appropriation to the General Operating Fund for the fiscal year 1977 -78 is hereby authorized: 06- 006A -106Y Compensation of Administrative Assistant $7,500 The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Dr. Raymond L. Fish, and Will L. Owings. Nay - Thomas B. Rosenberger and R. Thomas Malcolm. Abstaining - Dennis T. Cole. R ECOMMENDATIONS REGARDING MAI RECOMMENDATION - ITEM 35 APPROVED AND IT Malcolm, and Dennis T. Cole. Mr. Cole moved to approve Item 38 regarding the license fee for unneutered in the County being raised to $5.00 and this motion was seconded by Thomas Malcolm. Upon motion made by Dr. Raymond L. Fish, and seconded by R. Thomas Malcolm, may be problems should this recommendation be intended for implementation in BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, tags for 1978 and this could cause problems. Virginia, does herein approve the recommendation of Municipal Advisors, Inc. that ' four additional personnel under the CETA Program be added to the Frederick County be discussed with Mrs. Keckley to determine if implementation of said recommendation Sheriff's Department. is feasible for the year 1978. This motion was seconded by Thomas B. Rosenberger • 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. Malcolm, and Dennis T. Cole. Mr. Cole moved to approve Item 38 regarding the license fee for unneutered in the County being raised to $5.00 and this motion was seconded by Thomas Malcolm. Mr. Rosenberger stated that the Dog Warden had indicated to him that there may be problems should this recommendation be intended for implementation in 1978. Mr. Boyd advised that he thought Treasurer had already ordered the dog tags for 1978 and this could cause problems. • it Therefore Mr. Malcolm moved to table this matter until such time as can be discussed with Mrs. Keckley to determine if implementation of said recommendation ' is feasible for the year 1978. This motion was seconded by Thomas B. Rosenberger and passed by the following recorded vote: Aye - S. Roger Koontz; Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. Abstaining - Dr. Raymond L. Fish. FINANCE COMMITTEE RECOMMENDATIONS Mr. Thomas B. Rosenberger Presented the recommendations.of the Finance • Committee and the following action was taken: Mr. Rosenberger stated that the MAI recommendations referred to the finance Committee had been discussed and the Committee's recommendations had been mailed to the Board members so that they might have an opportunity to study them and perhaps action could be taken at the next meeting. LEASE CAMERON AND BOSCAWEN STREET PROPERTY - APPROVED 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 approve the lease with the Kremer Oil Company as recommended by the Finance Committee and set forth in the agenda. The above resolution was passed by the following recorded vote; Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, I R. Thomas Malcolm, and Dennis T. Cole. DIRECTOR OF ACCOUNTING PETTY CASH ACCOUNT INCREASE FROM $500 to $1500 - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve an increase of the Petty Cash Account managed by Director of Accounting from $500 to $1500. 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. ESTABLISHED BOARD AND SCHOOL 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, rginia does herein establish a flat rate of $30 per meeting for members of Frederick County Welfare Board and the Board's liaison representative to Frederick County School The above resolution was passed by the following recorded vote: Aye - . Roger Koontz, Thomas B. Rosenberger, Will L. Owings, and Dennis T. Cole. - R. Thomas Malcolm. Abstaining - Dr. Raymond L. Fish. MONTHLY STAFF REPORT ACCEPTED After review the monthly staff report was accepted by the Board. DELINQUENT TAX LIST PRESENTED TO BOARD Mrs. Dorothy Keckley, Treasurer presented the Delinquent Tax List to the of the Board. SECOND REGULAR MEETING FOR SEPTEMBER CANCELLED Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, inia does herein direct that the second regular meeting for the month of eptember, 1977 (September 28, 1977) be'cancelled. 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. UPON MOTION DULY MADE; SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED .T THE BOARD OF SUPERVISORS DO NOW ADJOURN. of� ervi S Board of Sup visors A Regular Meeting of the Frederick County Board of Supervisors was held on 28, 1977 at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court , Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Raymond L. Fish; Will L. Owings; R. Thomas-Malcolm; and Dennis T. Cole. INVOCATION The invocation was delivered by the Reverend Conrad Christianson of Bethal L E • • • theran Church. 129. I • I • • 11 1.3 0 GUBERNATORIAL CANDIDATE INTRODUCED Mr. Koontz introduced Mr. Sam Greenberg, a write in candidate for the Governor- ship of Virginia and welcomed him to the meeting. APPROVAL OF MINUTES Mr. Malcolm asked if each Board member had received the memorandum as referenced in the minutes showing a breakdown of the various alternatives for capital -facilities their costs. The Board acknowledged acceptance of this memorandum. Mr. Malcolm stated that he wanted to clarify his Nay vote of the payment of serving on various_ Boards. He advised that he voted No inasmuch as he was inst a per meeting rate and that the resolution also included the liaison member the School Board which he was not against; that his discontent was with the • hod of payment. 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, irginia does herein approve the minutes of the Regular Meeting of this Board held September 14, 1977 as submitted. The above resolution was passed by the following recorded vote: Aye - ' Roger Koontz.Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas colm, and Dennis T. Cole. • PLAT REVISION - WELLTOWN ACRES - STONEWALL DISTRICT - APPROVED Mr. Berg presented the proposed plat revision to Welltown Acres Lots 1, 2, 12, , and 14 to correct the alignment of the streets and a drainage easement. He tated that the revised plat was in order and had been signed by'the Health Depart- nt. 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, rginia does herein approve. the plat revision of Welltown Acres, Lots 1, 2, 12, 13, and 14 in Stonewall Magisterial District to correct the realignment of the streets and a drainage easement. . 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. ROAD NAMES COMMITTEE TO BE APPOINTED AT NEXT MEETING Mr. Koontz asked if there were any nominations to the Road Names Committee and Mr. Malcolm.requested appointment of-Mr. Larry Coverstone from Shawnee District. Inasmuch as the remaining Board members were not ready to make their appointments, this matter was carried forward the next meeting. FINANCE COMMITTEE RECOMMENDATIONS: • Mr. Rosenberger presented the recommendations of the Finance Committee and the following action was taken: PARKS AND RECREATION DEPARTMENT - BUDGET ADJUSTMENT - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following budget adjustment as requested by II , the Frederick County Parks and Recreation Department. 05 -7255 05 -7257 05 -7261 05 -7267 Parkland Leases Paddle Boat Rentals Pool - Clearbrook Park Tournament Fees $ 200.00 500.00 3,500.00 300.00 31. 05 -7269 05 -7273 05 -7277 05 -7280 INCREASE EXPENDITURES 18- 18F3 -130A 18- 18F3 -299A 18- 18F3 -399A 18- 18F4 -123A 18- 18F5 -207C 18 -18F5 -399A 18- 18F5 -399B Instructional Fees Trips and Excursions (New) Portable Refreshment Stands Concession Stand - Clearbrook Compensation of Supervisors Trips and Excursions (New) Miscellaneous Supplies Compensation of Laborers Electric -Ball Fields Concessions - Resale Concession Labor TOTAL $ 2,000.00 3,500.00 5,000.00 3,000.00 $18,000.00 $ 4,000.00 3,500.00 500.00 1,500.00 1,000.00 4,500.00 3,000.00 TOTAL .$181000.00 The above resolution was passed by the following recorded vote: Aye - • R. Thomas Malcolm, and Dennis T. Cole. S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, SUPPLEMENTAL APPROPRIATION - STONEWALL DISTRICT IMPACT FUNDS - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, J BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, I is that a supplemental appropriation in the amount of $4,884.00 is hereby approved to General Operating Fund account 18 -18F1 -299; and, BE IT FURTHER RESOLVED, That said funds are to be'used for the design of a comprehensive Master Plan of the Frederick County Park at Clearbrook, Virginia; and, BE IT FURTHER RESOLVED, That $4,884:•00 of Impact Donations.received from the Stonewall District is hereby ordered to be released in order to finance this project. 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. RECOMMENDATION TO ADVERTISE AND SELL UN- 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, 11 Virginia does herein direct that the un- needed zeolite softeners and other parts of the existing.water system at Clearbrook park be advertised and sold to the highest bidder. Dr. Fish asked if the installation of the water line could be coordinated with the reconstruction which is now in progress on the old Charles Town Road, so that the new road would not have to be torn up in order to install the pipes. Mr. Renalds stated that the Sanitation Authority is now awaiting word from EDA on funding for this project and he would make them aware of this suggestion. PROPOSAL SMITHEY & BOYNTON, ARCHITECTS & ENGINEERS - DISCUSSED • Mr. Rosenberger presented a proposal from the firm of Smithey and Boynton for a study on the feasibility of expanding capital facilities in the City. He suggested that this proposal be referred to Mr. Malcolm as Chairman of the Capital Facilities Committee. Following a brief discussion the Board agreed to postpone action on this matter for two weeks inasmuch as discussions are currently being held with the City to discuss the feasibility of a joint study. Mr. Rosenberger stated that after the October 12th meeting a decision would be reached as to which way to proceed. The Board agreed. LEASE - BOSCAWEN & CAMERON STREETS LOT - APPROVED.AS REVISED Mr. Rosenberger presented the revised lease for the County property located at the corner of Boscawen and Cameron Streets. 132. Mr. Renalds stated that-there were three basic changes: (1) the tenant would be given the first right of refusal on any future lease where conditions were changed; (2) a provision for abatement or discontinuance of rent should the property be damaged to the point where business is not operable, for a maximum of 45 days with a day termination notice; and (3) elimination of payment by the tenant of the real estate taxes. Mr. Cole stated that he disagreed with the first right of refusal provision eliminating the payment by the tenant of the real estate taxes. 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 approve the following lease agreement: R THIS AGREEMENT made this 6th day of October, 1977, between the COUNTY OF FREDERICK, VIRGINIA, hereinafter called the LANDLORD, and Kremer Oil Corporation hereinafter called the TENANT. WITNESSETH-THAT: 1. Landlord hereby demises and lets unto Tenant and Tenant-does hereby hire and rent from Landlord, for use as a gasoline service station and purposes incidental-to such use, the premises situated in the City of Winchester in the ,County of Frederick and State of Virginia, more par- ticularly described as'follows: PROPERTY owned by the County of frederick, Virginia, located at the Southeast: corner or Cameron and Boscawen Streets in the City of Winchester. This property is further described as being a .rectangle and located on the southeast corner of Cameron and Boscawen Streets and having a frontage of 106 feet on Cameron Street and a frontage of 88 feet on Boscawen Street, all as shown on the survey attached hereto. together with the buildings, improvements and thereon or used in connection therewith, all appurtenant thereto, and all the right, title and to land lying in all streets and highways to said premises. equipment now or hereafter easements and rights of way and interest of Landlord in abutting on or appurtenant 2. This lease is for the term of one (1) year beginning on the 1st day of October, 1977, and ending on the 1st day of October, 1978. This lease may be terminated by either party upon thirty (30) days written notice 3. Tenant shall make payment of rent to Landlord in the amount and manner as follows: Twelve Thousand Dollars ($12,000.00) per annum payable in equal monthly installments of One Thousand Dollars'.($1,000.00) - on':the :first day each month in advance except that the rent for the fitst•.and last months of the lease term shall be pro- rated. 4. Tenant shall obtain all permits necessary for demolition and i i i for the construction, maintenance and operation of the proposed service station during the term of this lease. 5. Tenant shall have the right at any time to make such alterations, additions, improvements and repairs as may -in its judgement be desirable, and to paint, in colors in its own choice, all buildings, structures, pumps and other improvements on the leased premises. Landlord agrees that all pumps, tanks, machinery, fixtures, equipment, and all other personal property on the premises owned by Tenant as of L� C J is • -,I 133 • • • J • the execution hereof, or hereafter placed upon the - premises, whether annexed to the freehold or not,-shall remain the property of.the Tenant, and Tenant shall have the right to remove all or any part thereof at any time, free of any distraint or lien thereon by the Landlord, and the Landlord does hereby waive all right of lien and distraint on equipment and personal property of the Tenant, and the Landlord does further consent that said property of the Tenant may remain on the demised premises, without cost or charge to the Tenant, for the period of thirty (30) days after the expir- ation or earlier termination of lease or of any extension or renewal hereof, pending removal thereof by the Tenant. This does not permit the tenant to remain in operation of his business after the expiration or earlier termination of this lease but refers to the removal of property. At the expiration or other termination of this lease or any renewal thereof, the Tenant shall have the right without charge by the Landlord, to leave any or all of its under- ground equipment in place on the-premises pending the sale of same by Tenant to the Landlord, a new supplier or any other purchaser, without prejudice to .Tenant's ownership of said.equipment, it being agreed, however, that if and in the event the Tenant shall fail to remove same within forty -five (45)- written order to do so by the Landlord, then all right, title and interest in and to all the underground equipment then remaining on the premises shall become the property of the Landlord. This agreement expressly prohibits the Tenant or subl.etee from using any of the remaining County property immediately adjacent to and east of the leased property for any reason. Any vehicles located on this property will be towed without notice at the Tenant's expense. 6. Tenant agrees.to put and keep all buildings, sidewalks, sewers, water lines and improvements owned by it on the said demised premises, in good repair and fully insured, against loss or damage by reason of the hazards, casualties, and contingencies covered by policies of.fire insurance with extended coverage. 7. Tenant agrees to -pay all licenses, fees, and other taxes imposed for the carrying on of the business of the Tenant at the demised premises, and Landlord agrees to pay all municipal, state, and county taxes assessed against the demised premises. 8. Tenant agrees that in its maintenance and use of the demised premises, it will not engage in any operation in violation of law. 9: In the event the above demised premises or any part thereof shall be taken by any public or private authority having the right to take same by condemnation or eminent domain, this lease, at the option of the Tenant, shall come to an end and the Tenant, upon exercising such option, agrees to immediately vacate'.the premises. In the event that the Tenant shall elect to remain in possession of that portion of premises remaining after partial condemnation, the rent to be paid by the Tenant to the Landlord shall be reduced in proportion to the ratio between the area taken 134. and the original area as determined by the Landlord. 10. Tenant shall have the right to assign or sublet-the premises in whole or in part only for the purposes hereinabove stated, but no such subletting shall release the Tenant from its obligation hereunder. 11. If any governmental unit, or person acting under governmental authority, shall commence any change in any street, road or highway now serving the premises, and if such change when completed would, in the Tenant's opinion, substantially diminish the value of the leasehold, then Tenant may, any time after such commencements of such change, terminate this on not less than thirty (30) day notice to Landlord. 12. All notices under this lease shall be deemed to be duly given if forwarded by either party to the other party at such party's address or at such other place as such party shall hereafter designate by written notice. 13. Landlord covenants with Tenant that at the date hereof Landlord has full right to lease same as hereinafter set forth and that Tenant shall peaceably hold and enjoy the same during the full term of this lease upon paying the rent and performing its covenants herein con- tained. 14. If any rent shall be default and unpaid for thirty (30) days after notice to Tenant, or if default shall be made in any of the other covenants herein contained on the part of the Tenant for thirty (30) days after notice to Tenant specifying the default, Landlord may re -enter and take possession of the premises, or institute pro- ceedings at law for the recovery of possession thereof, and upon such re -entry and recovery of possession, or upon the making of an order of judgement awarding possession of the premises to the Landlord, this lease shall be terminated and at an end. Interest on rent in default or unpaid rent shall accrue at an effective rate of 1 1/28 per month. 15. Tenant shall peaceably and quietly quit and surrender said premises to Landlord at the end of the term aforesaid or any extension thereof in good order and condition, reasonable wear and tear and damage occurring without the fault or neglect of tenant excepted. 16. If during the term of this lease the demised premises, or any building or other improvement located thereon, is damaged by fire or other casualty so as to interfere with the use of said premises by the Tenant to such extent as to reduce the daily gross receipts from the use of said premises, based upon the average daily gross receipts for the immediately preceding thirty (30) day period, by fifty percent (508), or more, for a period of three (3) consecutive days, the aforementioned agreed monthly rental rate shall abate until said premises or improvements are repaired or restored, or until such time as the daily gross receipts earned by the use-of said premises shall equal fifty percent (508), or greater, of the average daily gross receipts for the thirty (30) day period immediately preceding such casualty; however, in no event shall said rental abate for a period in excess of forty -five (45) con- L J • • IL I • 135 • u secutive days. In the event said premises or improvements are damaged by fire or other casualty so as to interfere with the use of said premises by the Tenant to such extent as to reduce the daily gross receipts from the use of said premises by more than fifty percent (508), determined as set forth above, and it shall require in excess of forty -five (45) days to repair or restore said premises or improvements to such condition as existed immed- iately preceding said casualty, then Landlord or Tenant may cancel this lease upon giving ten (10) days written notice of their intent to do so to the other party. 17. This lease shall be of no binding effect as to the Tenant unless and until signed by an officer of Tenant, and except as herein expressly otherwise provided, no subsequent alteration, amendment, change or addition to this lease shall be binding on Tenant unless in writing and signed by an officer of Tenant. 18. The Landlord hereby grants unto the Tenant, upon the expiration of the term of this lease, the first right of refusal or the option to re -lease the said premises upon whatever terms, conditions, and rental the said premises are offered for lease in a bona fide arm's length transaction to any other person, firm or corporation; provided however, that this lease has not been terminated before the expiration hereof as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first above written. 0 ATTEST- /s/J.O. Renalds, II • J.O. Renalds II County Administrator (SEAL) LANDLORD: FREDERICK COUNTY, VIRGINIA By: /s/ S. Roger Koontz S. Roger Koontz Frederick County Board of Supervisors TENANT: /s/ Kremer Oil Corporation BY: /s/ J. T. Kremer, Jr. ATTEST /s/ J.A. Massie Jr. (SEAL) L J The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B.-Rosenberger, Dr. Raymond L. Fish and Will L. Owings. Nay - R. Thomas Malcolm and Dennis T. Cole. BOARD RETIRES INTO EXECUTIVE SESSIO Upon motion made by Thomas B. Rosenberger, seconded by Will L. Owings, and passed unanimously, the Board retired into executive session in accordance with Section 2.1 -344, Subsection (6) of the Code of Virginia, 1950, as amended to seek a clarification on legal matters with the Commonwealth Attorney, BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Dennis-T. Cole seconded by Dr. Raymond L. Fish, and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Dennis T. Cole, seconded by R. Thomas Malcolm, and passed unanimously, the Board reconvened into Regular Session. 13.6 PROPERTY WITH DELINQUENT TAXES DUE TO BE ADVERTISED AND SOLD Pik. Rosenberger stated that he felt the Board had tried very diligently to collect delinquent taxes and the Finance Committee felt that as a last alternative in the Board's effort'to represent the people of Frederick County, the property on which delinquent taxes are due should be advertised and sold. He stated that every effort should be made to locate the property owners of this property. Dr. Fish stated that he too felt the Board had exhausted every alternative to collect these taxes. He stated that he also felt the property owners should be ' notified that their property was being sold so that they would not lose it without their knowledge.. 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 advertise for sale all property delinquent for more than three years as provided by Title 58, Chapter 21, Article 8, Sections 58- 1117.1 et seq. Code of Virginia, 1950 as amended for the payment of delinquent taxes due Frederick County; and, BE IT FURTHER RESOLVED, That the Board does appoint and employ Mr. Lawrence R. Ambrogi, Commonwealth's Attorney, for Frederick County, Virginia, as attorney for the Board and that he be instructed to institute legal proceedings for carrying out the sale as set forth above; the fee for said service being 58 of the sales amount. All property will be advertised according to the records of ownership as recorded in the Frederick County Clerk's Office. Any property owner of record may redeem said listed property from sale by paying in full all taxes due Frederick County on the listed property. Every effort will be made to locate the property owners before sale of the property is consumated. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger. „ Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Mr. Joseph A. Massie, Jr. appeared before the Board and stated that he repre- sented a client who would be affected by'this action. The Board referred Massie to the Commonwealth Attorney to discuss this matter. LEGISLATION TO REDUCE QUENT TAXES - APPROVED Mr. Rosenberger presented a resolution to request the General Assembly to reduce the time limit for sale of delinquent real estate. W. Cole stated that he was in favor of this action but would like to see some provisions for the elderly and disabled. Mr. Malcolm stated that there is a tax relief for the elderly ordinance in effect.in the County and also that there is a mechanism for aid for the disabled. 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 request the'Virginia General Assembly to pass legislation to reduce from three (3) year to two (2) years the waiting period prior to institutir legal proceedings for the sale of property which have taxes which are delinquent. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RESOLUTION THAT PAID BEFORE RECORDAZ Mr. Rosenberger presented a resolution requesting legislation that delinquent taxes be paid before documents transferring property are recorded in the Clerk's office. • • • 1 137 office. Mr. Malcolm stated that if property is not recorded, this legislation would have no effect. 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 request the Virginia General Assembly to pass legislation requiring that delinquent taxes be paid prior-to documents transferring title to property being recorded in the Clerk's office. The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish and Dennis T. Cole. Nay - R. Thomas Malcolm, and Will L. Owings. Mr. Koontz stated that each year the Treasurer presents to the Board the delinquent tax list and that this list has increased from $160,000 last to $200,000 this year. He stated that it behooves the Board of Supervisors to take some action as the governing body to collect the takes due the County and that all citizens must bear an equal share of the taxes. RESOLUTION OPPOSING PROPOSED POTOMAC EDISON RATE INCREASE - APPROVED • Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, WHEREAS, That State Corporation Commission of the Commonwealth of Virginia has ordered a public hearing to be held in the Circuit Courtroom of Winchester City Hall on Thursday, October 13, 1977, between the hours of 2:00 and 4:30 P.M. and 7:30 and 9:30 P.M. for the purpose of receiving customer comments regarding the proposed Potomac Edison Company rate increase; and, WHEREAS the cost of this indispensable utility to the consumer has risen at an alarming rate in recent times, while the basic need for this serivice has not been reduced; THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisors that • the citizens of Frederick County be encouraged to participate at the coming hearing; and, rate increase on the grounds that the average citizen has reached his limit in BE IT FURTHER RESOLVED, That the Board of Supervisors opposes the proposed his ability to pay for this essential service. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, t R. Thomas Malcolm, and Dennis T. Cole. ACTION ON RECOMMENDATIONS FROM MUNICIPAL ADVISORS, INC. Mr. Rosenberger stated that the Finance Committee had considered the re- 0 commendations from Municipal Advisors, Inc. which had been referred to them for study. He then presented the Finance Committee's recommendations and the following action was taken: Item No. 5 - No Action Upon motion made by Thomas B. Rosenberger, seconded by Dennis T. Cole and passed unanimously, the Board agreed to take no action on Recommendation No. 5 as set forth in the management study :prepared by Municipal Advisors, Inc. Item No. 10 - No Action Until Preparation of 1967 -79 Budget Upon motiorr.made by Thomas B. Rosenberger, seconded by Dennis T. Cole and passed unanimously, the Board agreed to take no action on Recommendation No. 10 until preparation of the 1978 -79 Budget. Item-No. 11 - Approved As Written Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish 13'8 and passed unanimously, Recommendation No. 11 was approved as set forth by the management study prepared by Municipal Advisors, Inc. Item No. 13'- Approved Upon motion made by Thomas B. Rosenberger, seconded by Dr.- Raymond L. Fish and passed unanimously, Recommendation No. 13 that costs be ':figured for Data Processing Services for all departments and agencies where state and /or federal reimbursement can be-received and further that application be made to the appropriate state and /or frederal agencies for maximum reimbursement on Data Processing (i.e. Constitutional Officers, General District Court, etc.) was approved. It em No. 14 - Rejected Upon motion made by Thomas B. Rosenberger-and seconded by Dennis T. Cole land passed unanimously, the Board rejected Recommendation No. 14 dealing with lbiennial or annual Item No. 17 - Rejected Upon motion made by Thomas B. Rosenberger, seconded by Dr. Raymond L. Fish and passed unanimously, the Board rejected Recommendation No. 17 with regard to (consolidation of bank accounts. Item No. 18 - Approved Upon motion made by Thomas B. Rosenberger, seconded by Dr. Raymond L. Fish and passed unanimously, the Board approved Recommendation No. 18 for the County Administrator to delegate the purchasing function to the Director of Accounting; further, that a review be made of the feasibility of combining school purchasing with other County purchasing at a future time. Item 20e - Approved with Addition Mr.. Rosenberger stated that the Finance Committee recommended approval of Item 20e with the additional sentence "The budget process shall include Finance Committee review of the budget prior to review by the full Board" There followed a brief discussion as to whether this would aid in the overall (preparation of the budget and Mr. Koontz stated that he did not feel the Finance Committee should make any wholesale changes in the budget unti it had been reviewed lby the entire Board. Mr. Rosenberger stated that no changes would be made. Upon motion made by Thomas B: Rosenberger, seconded by Dr. Raymond L. Fish, and passed unanimously, the Board accepted Recommendation No. 20e as set forth in the management study prepared by Municipal Advisors, Inc with the following addition: "The budget process shall include Finance Committee review of the budget prior to review by the full Board ". Item No. 21 - Approved as Amended Mr. Rosenberger stated that the Finance Committee recommended approval of Item No. 21 with regard to authorizing the County Administrator to make funds transfers between items with the addition of the words "not to exceed $1,000 per line item" and "approve" budget. Dr. Fish stated that although he had previously agreed with this recommendation, he had had second thoughts and felt that this represented a considerable departure from our customary procedure and would set a precedent. Mr. Malcolm stated that the County Administrator would be administering a budget which has been approved by the Board and only up to a point of $1,000. IHe stated that he felt these two restraints would be sufficient. 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, IVirginia, does herein authorize the County Administrator to transfer funds between r • LI L J I1 U 13.9. line items within the approved budget not to exceed $1,000 per line item. 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. Item No. 40 - Tabled Mr. Rosenberger stated that the Finance Committee recommended tabling the recommendation that the Welfare Board be increased at the present time. Mr. Malcolm urged the Board to reject this inasmuch as the Welfare Board had a presentation to make in reference to this matter. Mr. Koontz advised that even though the Board may vote to table the matter, it can be brought up again later in the meeting. • Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, Recommendation No. 40 was tabled by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and Dennis T. Cole. Nay - R. Thomas Malcolm. Item No. 41 - Approved Upon motion made by Thomas B. Rosenberger, seconded by R. Thomas Malcolm and passed unanimously the Board approved Recommendation No. 41 as set forth in the by Municipal Advisors, Inc. and that the County management study prepared keep a constant watch on state requirements and resist these requirements when • they appear to be too excessive. TEMPORARY LOAN - NORTHWEST REGIONAL• JAIL FUND - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dennis T..Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a temporary loan from the General Revenue Fund to the Northwest Regional Jail Fund in the amount of $3,000 for a period of one month, said loan approved in order that the Jail Fund may meet its obligations for the month of September due to the fact that grant funds from Richmond will. not be received until after the first of October, 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. WELFARE BOARD INCREASED TO FIVE MEMBERS, ONE FROM EACH MAGISTERIAL DISTRICT Mr. Malcolm presented a recommendation that the welfare Board be increased from 3 to 5 members as soon as possible, one from each magisterial district. He advised that this is somewhat different from the recommendation contained in the management study wherein it was recommended that the County Administrator serve as the liaison member. He stated that he would continue to serve as the • Board's liaison member as well as the representative from Shawnee District. Upon motion made by Dennis T. Cole, seconded by Thomas B. Rosenberger and passed unanimously, the Board the recommendation of the Finance Committee on Recommendation No. 40 as previously approved. 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, 1 Virginia does herein approve an increase in membership on the Frederick County "• Welfare Board from three (3) members to five (5) members, one from each magisterial district, with Mr. R. Thomas Malcolm serving as the Board's liaison member as well as the representative from Shawnee Magisterial District; and, BE IT FURTHER RESOLVED, That inasmuch as Gainesboro and Opequon Magisterial Districts are not currently represented on the Welfare Board, these appointments be made at the earliest possible date. 140 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. LICENSE FEE FOR UN- NEUTERED DOGS DISCUSSED Mr. Rosenberger stated that-he had talked with the Dog Warden concerning the increase in the license fee for un- neutered dogs and the Dog Warden advised that the tags for 1978 had already been ordered. Mrs. Keckley advised that this increased fee could not be•implement@d:.until 1979 and suggested that the'fee be raised across the board. Dr. Fish stated that this would not give any incentive to the people to have their dogs spayed or neutured. i Following a brief discussion, the Board agreed to postpone action on this matter until such time as the Dog Warden can appear to discuss this matter in detail with the Board members. EXTENSION OF CETA TITLES II & VI PROGRAMS - APPROVED ' .I Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, By the Frederick County Board of Supervisors that the existing positions as of September 30, 1977 Under CETA Titles II and VI be extended from October 1', 1977 through September 30, 1978; and, BE IT FURTHER RESOLVED, That the necessary budget adjustmentslare hereby authorized for the fiscal year ending June 30, 1978. 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. )SED ANNEXATION BY THE TOWN OF N i Mr. Owings stated that officials of the town of Middletown had informed County representatives that they will institute annexation proceedings to annex': approximately 89 acres. He advised that the town is currently services to this area and he did not feel it would be beneficial to the County to oppose i this annexation inasmuch as its effect on the tax base would be so negligible. 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 agree notsto oppose, at the present time, the proposed annexation of approximately 89 acres by the town of Middletown. I The above resolution was passed by the following recorded vote: Aye - i S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Wi11:L. Owings, R. Thomas Malcolm, and.-Dennis T..Cole. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IIS ORDERED THAT THE BOA SUPERVISORS DO NOW ADJOURN i r,hai an, Bo rd of S pervi� cretary, Board of Supervisors I i . 0 • • • •