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April 12, 1978 to April 19, 197825.:4 A Regular Meeting of the Frederick County Board of Supervisors was held on jApril 12, 1978, 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 Kenneth Y. Stiles. The Chairman called the Meeting to order. APPROVAL OF MINUTES Mr. Stiles stated that on Page 5 of the minutes of March 29, 1978, the real estate tax rate proposed for 1978 should read $2.85 and not $2.95. The Board concurred with this correction. Upon motion made by Kenneth Y. Stiles 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 Adjourned Meeting held on March 22, 1978 as submitted and does approve the minutes of the Special Meeting of the Board held on March 29, 1979 as corrected. 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 Kenneth Y. Stiles. STONEBROOK FARMS SUBDIVISON - SECTION 9 & 10 - BACK..CREEK DISTRICT - APPROVED Mr. Berg presented the plat of Stonebrook Farms Subdivision, Sections 9 and 10, containing 47 lots located in the Back Creek District and stated that all reviewing agency approvals had been received and the Planning Commission recommended approval of said plat. Mr. Thomas Glass appeared before the Board in support of his subdivision' plat and stated that these are the final sections of the subdivision. Mr. Stiles asked for a review of Mr. DeHaven's negative vote on this sub- division and Mr. Berg stated that he felt Mr. DeHaven would have preferred that the lot sizes be larger, perhaps two acres. Mr. Rosenberger stated that the lots as platted do meet the size requirements. Mr. Glass stated that Mr. DeHaven had asked about the wells and he had advised him that the subdivision is on one of the best areas for water in this region and that they had had no problems with either the wells or the septic systems. Upon motion made by Thomas B. Rosenberger and seconded'by Kenneth Y. stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the plat of Stonebrook Farms Subdivision, Sections 9 and 10, containing 47 lots located 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, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. ROAD ABANDONMENTS AND ADDITIONS DUE TO COMPLETION OF ROUTE 37 - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, WHEREAS, Route 37 from Route 81 to Route 50 has beeno.constructed and approved by the State Highway and Transportation Commission which new road required alteration of the secondary system of Frederick County; and, WHEREAS, Certain sections.of this altered secondary system follows new locations, these being shown on the attached sketch titled, Changes in.Primary and Secondary Systems due to Relocation and Construction on Route 37, Project 6037- 034 -101, P401, dated at Richmond, Virginia, November 15, 1977. • J • • • NOW THEREFORE BE IT RESOLVED, That the portions of secondary Routes 621 22 � I and 622, i.e., sections 5 and 6 shown in red on the sketch titled Changes in Primary and Secondary Systems due to Relocation and Construction on Route 37, Project 6037 - 034 -101, P401, dated at Richmond, Virginia, November 15, 1977, a total distance of .83 miles be, and hereby is, added to the Secondary System of State Highways pursuant to section 33.1 -229 of the Code of Virginia as amended: AND FURTHER, That the sections -of old locations of Routes 621 and 622, i.e., sections 3 and 4 shown in blue on the aforementioned sketch a total distance of .79 miles, be; and the same hereby is, abandoned as a public road, pursuant to section 33.1 -155 of the 1950 Code of Virginia, as amended. AND FURTHER, That the State Highway and Transportation Commission take the • necessary action to drop the section of Route 642, i.e., section 2 shown in green, the aforementioned sketch, a total distance of .40 miles, this section having been taken into new Route 37. 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 Maclolm, and Kenneth..Y. Stiles. Note: The sketch set forth in the first paragraph of the above resolution shall be kept on file in the office of theCounty Administrator for reference. FW19 Mr. King appeared before the Board and stated that Launchris Drive in the Dav- Village Subdivision has-been inspected and is ready to be accepted into the e Secondary System. Mr. Owings asked why the developer, Mr. Barnett in his letter to the County trator set forth a sum of $1,250 for the maintenance bond when the Highway sets forth a sum of $2,500. Mr. King replied that he had talked with • . Barnett concerning the bond and he now understands that the bond must be for $2,500 -and has agreed to post same. Mr. Malcolm stated that he felt the resolution should set forth the proper nt of the bond so that there would be no questions as to the amount required. Board concurred. Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Jirginia does herein request the Virginia Department of Highways-and Transportation accept into the State Secondary Road System the following road in Dav -Mar Village vision, Section II, in Back Creek Magisterial District, pursuant to the Aro- n of Section 33.1 -229 of the Code of Virginia, 1050, as amended: Launchris Drive - Length approximately .28 miles BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of irginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage recorded in Deed Book 462•, Page 516 dated July 28, 976; and, BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a in the amount of $2,500 with the Virginia Department of Highways and Transport- . workmanship and materials for a period of one year. 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 Kenneth Y. Stiles. SECONDARY ROADS BUDGET 1977 -1978 - APPROVED Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, 2 5.f BE.IT RESOLVED, That the Board of Supervisors of the County of Frederick, irginia, does herein -• approve the 1977 -1978 Secondary Roads Budget as submitted y the Virginia Department of Highways and Transportation. The above resolution was passed by the following recorded vote: Aye - Roger Koontz, Thomas B. Rosenberger, Jr. Raymond L. Fish, Will L. Owings, Thomas Malcolm, and Kenneth Y. Stiles. SIX YEAR PLAN DISCUSSED Mr. Rosenberger requested discussion on the proposed six -plan. Mr. King stated that the Highway Department wanted to meet with the Board of pervisors at the earliest possible time in a work session to prepare the six an and that after the work session, a public hearing would be held. Mr. Rosenberger stated that the road hearing had been held during the month of March in the past and he had received several calls from County residents asking the hearing this year would be held. Mr. King advised that.the Board could entertain requests for secondary additions at the public hearing on the six year plan if they so desire. Dr. Fish asked why there would no longer be a road hearing and Mr. stated that in the 1977 session of the General Assembly the'section of the code requiring a six year plan had been enacted. He advised that should the Board receive re- quests for new additions, road viewers could be appointed. Mr. King stated that the plan would be revised each year and that the intent of the legislature was to permit the localities more input into priorities. The Board discussed briefly whether or not it would be more beneficial to have the work session prior to the public hearing or vice versa and Mr. King stated that the Highway Department would prefer to hold the work session first followed the public hearing. Mr. Koontz requested the Board members to develop priorities within their own district for presentation and consideration by the Board at the work session. • is The Board agreed tentatively to hold the work session the last of May and the public hearing the first of June. - FREDERICK IL Mrs. Laura Pifer, President of the Frederick County Environmental Council appeared before the'Board and presented a letter setting forth the weeks of April 10th through the 22nd as "Keep Virginia Beautiful" weeks. Mrs. Pifer explained the clean -up campaign being conducted in the Winchester- Frederick County area in conjunction with the Chamber of Commerce. She advised that they hope to publicize the location of the dumpsters in the County and the type of trash which can be placed in them but that they were not to be a part of the clean -up campaign. PUBLIC HEARINGS AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21 SECTIONS 21 SECTIONS 21- 16(w), 21- 26(y), 21- 103(k), 21- 109(36), 21- 120(u)(v), 21- 127(z)(aa), 21 -150, 21 -151, 21 -152, 21 -153, 21 -154, 21 -155, and 21- 156, ADOPTED JANUARY 14, 1976 - THIRD AND FINAL READING - APPROVED Mr. Berg presented the proposed amendment to the Frederick County Code stating that it deals with non - conforming uses. He advised that the date of adoption of the Code set forth on the agenda as November 1, 1973, be changed to January 14, 1976. The Board agreed to this changed.' Mr. Berg explained that under this amendment a building which is non - conforming and is destroyed could be rebuilt with the issuance of a conditional use permit. He added that this would serve as a wedge on spot zoning. , • 257 The Board discussed what alternatives, if any, they would have to deny a conditional use permit for a reconstruction of a non - conforming use which had been destroyed. There was no opposition to the proposed amendment. Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading the following amendment to the Frederick County Zoning Ordinance. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, SECTIONS 21- 16(w), 21- 26(y), 21- 1- 03(k), 21- 109(36), 21 -120 (u)(v), 21- 127(z)(aa), 21 -150, 21 -151, 21 -152, 21 -153, 21 -154, 21 -155 and 21 -156, ZONING ADOPTED JANUARY 14, 1976 • II Section.21 -16(w) Deleted Section 21- 126(y) Deleted Section 21- 103(k) Deleted Section 21 -109 (36) Deleted Section 21 -120 (u)(v) Deleted Section 21- 127(z)(aa) Deleted Section 21- 156(a)(b) Deleted (c) (d) • I Sec. 21 -150 Continuation Article XIX..Nonconforming Uses (a) Any nonconforming activity which is being pursued,-or any non - conforming or structure legally in existence or use at the effective date of this chapter which becomes a nonconforming use as a result of subsequent amendments to this Lpter, may be continued so long as it remains otherwise lawful. (b) If any nonconforming use (structure or activity) is discontinued for a period exceeding one year after the enactment of this chapter or subsequent amendments, it shall be deemed abandoned and any use thereafter shall conform to the requirements of this chapter unless a conditional use permit is obtained: Such conditional use permit shall allow for only an equal or less nonconforming use. (c) Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to the effective date of this chapter are excluded from (b). • (d) If any change in title of possession or renewal of a lease of any non- conforming activity, structure, or lot occurs, the existing use may be continued, ' so long as the requirements of (b) are complied with. Sec. 21 -151 Repair and maintenance Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official... Sec. 21 -152 Expansion (a) A nonconforming structure to be extended or enlarged shall conform to the provisions of this chapter, except, however, a nonconforming structure may be enlarged or modified in size only if such enlargement or modification will • not result in an increase in the degree of nonconformity. (b) Any nonconforming use in operation at the time of the adoption of this chapter may expand up to fifty percent of the square footage of the original structure. Whenever a nonconforming activity is changed it shall only be changed to an equal or more limited use. Sec. 21 -154 Changes in district boundaries Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article. Sec. 21 -155 Nonconforming lots of record Any lot of record at the time of the adoption of.this chapter, which is less in area or frontage than the minimum required by this chapter, may be used when the requirement of this chapter are met regarding setbacks and side and rear yards. 258 Sec. 21 -156 Restoration or replacement Nothing in this ordinance shall prevent the restoration of.a nonconforming use, building, or structure, destroyed by fire, windstorm, explosion, act of public enemy, accident, or for any other reason whatsoever, or prevent the continuance of the said nonconforming use, provided that the owners of the property in question.- shall file with the Zoning Administrator a notice of intention to continue the nonconforming use within.six (6) months of said destruction or damage, and provided further that said restoration or construction is commenced within one (1) year of the date of said notice of intention to continue the nonconforming use in question. In the event that said notice is not filed, then the nonconforming use in question shall be deemed to have been abandoned. 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 Kenneth Y. Stiles. SUBDIVISIONS COLLEGE PARK SUBDIVISION, SECTION 4 - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented the plat of College Park Subdivision, Section 4 and stated that this had originally been approved in 1974; that the water and sewer lines have been installed and the roads built; that the developer would post a maintenance bond with the County to take care of the roads until such time as three houses are built. Mr. Malcolm asked about the policy of not allowing city water and sewer lines ibo the County and Mr. Berg advised that there were exceptions this policy and the developer and that--.this is such a case. 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 plat of College Park Subdivision, Section 4, containing twelve (12) lots located in the Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Aye - IS. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, JR. Thomas Malcolm, and Kenneth Y. Stiles. FREDERICKTOWNE SUBDIVISION, SECTION 3, PLAT REVISION APPROVED Mr. Berg stated that when Fredeiicktwone was platted the subject drainage easement was set forth; that now the Highway Department finds that they do not need the easement and the developer would like to have it added back onto the lots. He advised that the Highways Department agreed to this request. Upon motion made by Will L. Owings, and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board ofSupervisors of the County of Frederick, Virginia does herein approve the plat revision to remove the twenty (20) foot drainage easement from Lots 68, 70, and 73 in Fredericktowne Subdivision, Section 3 las requested by the developer and approved by the Highway 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, JR. Thomas Malcolm, and Kenneth'Y. Stiles. CONDITIONAL USE PERMIT #002 -77 - WILLIAM J. MOONEY, ET UX - RENEWAL APPROVED Mr. Berg presented the request for renewal of the conditional use permit for William J. Mooney, et ux stating that there had been no complaints over the last lyear regarding this operation and that the Planning Commission recommended approval lof the renewal with the same stipulations set forth on the original permit. Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the renewal of Conditional Use Permit #002 -77 of (William J. Mooney, et ux to conduct an operation for the engraving of metals and plastics for use as name plates, trophies, desk easels, etc., at their property • • E 1 J • 259 located on 664 Meade Drive, Rolling Fields Subdivision in the Shawnee Magisterial District with the following stipulations: 1. The permit must be renewed annually 2. There will be no visible display 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 Kenneth Y. Stiles. APPOINTMENTS DAVID FAHNESTOCK COMMENDED FOR HIS • Mr. Kenneth Stiles stated that he wanted to commend Mr. David.•Fahnestock for his service on the Parks and Recreation Commission over the past several years. He stated that Mr. Fahnestock had spent a great deal of time in helping to develop recreational facilities in the County and his service in this area was greatly appreciated. MR. CHARLES HOTT APPOINTED TO PARKS AND RECREATION COMMISSION Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board ofSupervisors of the County of Frederick, • Virginia, does herein appoint Mr. Charles Hott to serve as the Stonewall District representative on the Parks and Recreation Commission for a term of four (4) years said term to commence on April 28, 1978 and terminate on April 28, 1982. 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 Kenneth Y. Stiles. ESTABLISHMENT OF LIBRARY COORDINATING COMMITTEE CARRIED FORWARD Mr. Koontz stated that in establishing the Library Coordinating Committee, he would like to have two Board members and one citizen member and that the appointment of this committee would be carried forward. Dr. Fish suggested that the Board consider making the Library Coordinating n L J LJ I Committee a function of one of the existing committees. C. ROBERT SOLENBERGER REAPPOINTED TO FREDERICK- WINCHESTER SERVICE AUTHORITY Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, Virginia, does herein reappoint C. Robert Solenberger to serve as the citizen member of the Frederick - Winchester Service Authority for a term of two (2) years; BE IT RESOLVED, That the.Board of Supervisors of the County of Frederick, said term to commence on January 1, 1978 and terminate on December 31, 1979. 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 Kenneth Y. Stiles. FINANCE COMMITTEE RECOMMENDATIONS Mr. Rosenberger presented the Finance Committee recommendations, and the following action was taken: Mr. Rosenberger presented the recommendation regarding additional payments for service by Kwick -Klean Refuse Service for trash collection and requested that the date of January 1, 1978, be added to the resolution. The Board concurred. Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, WHEREAS, There is a necessity for Kwick -Klean Refuse Division providing additional service to the County in the field of solid waste collection not anti= cipated under the contract between Kwick -Klean Refuse, Division of Browning- Ferris Industries of Virginia, Inc. and the County of Frederick, Virginia dated the 4th day of October 1977, because of the delay in constructing large container sites 11 0 260 (said delay due to weather conditions,. design, lag time, and uncontrollable time factors regarding electric power, rights -of -way, entrance permits, and other related factors); NOW THEREFORE BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby authorize payment to the contractor for unanticipated service provided from the date of January 1, 1978 until such time as large container sites are placed into operation under the contract cited above; and, BE IT FURTHER RESOLVED, That payments for additional services shall be made for service actually performed, said payments to be reduced in amount as large container sites are emplaced and put in service and said payments to cease at such time as large container sites as stipulated in the contract are emplaced in 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, R. Thomas Malcolm, and Kenneth Y. Stiles. Mr. Thomas Maccubbin, Director of Public Works gave a brief report of construction of the compaction sites stating that the one at Bryarly School should the Martinsburg Pike site but the design work has been completed and that as be operational within a couple of weeks. He advised that work has not begun on of this date a site in the Middletown area has not been located. Mr. Malcolm stated that as soon as the three compaction sites are operational, the Committee on Law Enforcement and Courts must address some type of ordinance to enforce the system. Mr. Rosenberger asked if the small sites would be fenced as well as the compaction sites and Mr. Maccubbin advised taht they would be and that the problem sites would be fenced first. - S DEPARTMENT - P[ Dr. Fish asked if all fourteen vehicles would be placed in service at the same time and Mr. Renalds suggested that this matter be discussed with the Sheriff. Dr. Fish requested that this matter be referred to the Committee on Law Enforcement and Courts for discussion. Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following supplemental appropriation is hereby approved to the General Operating Fund Budget for the fiscal year ending June 30, 1978: 06- 006A -215A Repair and Replacement Auto $38,004.00 BE IT FURTHER RESOLVED, That the above line item in the 1978 -1979 General Operating Fund proposed budget be reduced by a like amount. 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 Kenneth Y. Stiles. f:�' IOKS - DESK Fi A resolution was presented requesting appropriation transfers to restore books in the Clerk's Office and to purchase a desk for the Sheriff's Department. Mr. Rosenberger moved for approval of the resolution and this motion was seconded by Kenneth Y. Stiles. Mr. Stiles then moved to amend the motion to have the cost of restoring the old books in the Clerk's Office in the Amount of $1,779.50 taken from the Clerk's budget. This motion died for lack of a second. • I A • • 11 r dtf l Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following appropriation transfers within the General Operating Fund budget, for the fiscal year ending June 30, 1978 be-.approved: Transfer from: 18- 018E -299B Transfer To: 04 -004A -299 06- 006A -215C Reserve for Contingencies Restoring Old Books Repair and Replacement Furniture and Equipment $2,129.50 S $1,779.50 $ 350.00 $2,129.50 The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. RESOLUTION ACKNOWLEDGING DJCP GRANT AWARDS - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, BE IT RESOLVED, By the Frederick County Board of Supervisors that the i • following Division of Justice and Crime Prevention awards are hereby acknowledged: (1) Grant No. 77 -A4462 Automated records system - Sheriff's Department -. $14,388 (2) Grant No. 77 -A4550 Property and Evidence System - Sheriff's Department - $3,330 (3) Grant No. 77 -A4547 Pre trial diversion for selected misdemeanor offenders -- General District Court - $10,275 BE IT FURTHER RESOLVED, That the local match funds shall be absorbed within the 1978 -1979 budgets for the above referenced departments; and, BE IF FURTHER RESOLVED, That the necessary budget adjustments to reflect receipt and appropriations of said funds are hereby authorized. 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 Kenneth Y. Stiles. BUDGET HEARING DATE ESTABLISHED Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger, • 1 Virginia does herein set the date of May 2, 1978 at 7:00 P.M. in the-Board"df BE IT RESOLVED;. That the Board of Supervisors of the County of Frederick, Supervisors' Meeting Room for the Public Hearing on the proposed budget for fiscal year 1978 -1979. 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 Kenneth Y. Stiles. CHAIRMAN - REPORT I 1 LJ Mr. Koontz stated that.the Department of Corrections had been notified that Frederick County is not interested in a medium security.jail in our area at this time. The Chairman stated that the Postal Service had been notified that the sale of the post office facility on Piccadilly Street had been referred to the County Capital Facilities Committee for study and recommendation. ORDINANCES FIRST AND SECOND READING r 1 L TO Mr. Renalds read this ordinance on first and second reading. 14. 1976 Dr. Fish asked if this would preclude the ordinary citizen from selling his own goods inasmuch as the words "commissioned public sale" were used. Mr. Berg replied that if it is an auction house it must be commissioned and 262. t whenever there is an auctioneer he would be a commissioned person. Dr. Fish then asked if you must have a licensed auctioneer and Mr. Berg that he would check into these questions and try to provide answers for ADOPTING AN Mr. Renalds presented this ordinance on first and second reading stating that Parks and Recreation Commission recommended a change in:the way members to the ssion are - appointed. He advised that the Commission recommends that the student members be nominated by theStudent Cooperative Assobiation and confirmed the Commission and that the Board liaison member be set forth as a member of the ssion. Mr. Stiles stated that he felt confirmation of the student members.,should be by the Board rather than the Commission. Mr. Owings stated that the Commission felt one student member should be a junior and the other a senior and thereafter one appointment each year in order that they might become more involved and informed about the Commission's work. Mr. Renalds stated that a draft ordinance would be prepared and mailed to the Board members and any changes thereto could be made at the public hearing. Board concurred with this suggestion. MONTHLY STAFF REPORT - ACCEPTED After review, the monthly staff report was accepted. SECOND MONTHLY MEETING FOR APRIL, 1978 CANCELLED Upon motion made by Thomas B..Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein cancel the second regular monthly meeting of the Board set for April 25, 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 Kenneth: Stiles. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDEREDI.THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN TO APRIL 19, 1978, AT 7:30 P.M. cretary.,, 'Board. of .Supery %sors., • E • An Adjourned Meeting.of the Frederick County Board of Supervisors, was held II • on April 19, 1978 at 7:30 P.M. in the !Board of Supervisors.'. Meeting,..ROOm'.:_..•i PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman called the meeting to order. MEETING WITH FREDERICK COUNTY PLANNING COMMISSION - RE: SUBDIVISION REGULATIONS Mr. Berg presented the following alternatives, as recommended by the Planning Commission, for amending the Subdivision and /or zoning Ordinance to deal with ' large lot developments: 263 ALTERNATIVE A This alternative would involve amendments only to the subdivision regulation. Its chief features are: (1) The administrator may approve two (2) lot subdivisions 1 (2) Sales of twenty (20) acres or more would not be regulated (3) 'Fifty'(50)feet of right -of -way, proper drainage structure, and, minimum stopping distances would be required on. roadways. The major benefits of this alternative is that it is relatively simple, proper drainage structures which have been a problem in the past (Layside Estates and Lin6oln .Estates).. would' be required.,.of the developer.. ... The major'disadvantage of this alternative is that slope requirements have been dropped so as not to be overly restrictive of recreational developments. There was a general discussion of the division of land into three acres versus five acres as a definition of a subdivision. Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the definition of a large lot subdivision be those of five (5) - ten (10) acres. • The above resoluti6n 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 Kenneth Y. Stiles. It was the general consensus: of the Board and Planning Commission to proceed with Alternative A as outlined above. There followed a brief discussion regarding downzoning and the Board agreed generally to investigate downzoning before the reassessment. The Board requested the Planning Commission to study downzoning so that they might make a recommendation to the Board prior to the reassessment. • DIVISION OF COURT SERVICES REQUEST FOR START OF NEW POSITION - DENIED Upon motion made -by Kenneth Y. Stiles and seconded by'Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors, that the following) supplemental appropriation is hereby authorized to the General Operating Fund for the fiscal year ending June 30, 1978: 05- 005G -102C Court Service Assistant $1,502.00 05 -005G -295 Fringe Benefits 150.00 $1,652.00 BE IT FURTHER RESOLVED, That the new position of Court Services Assistant will be effective May 1, 1978; and, BE IT FURTHER RESOLVED, That the funding for said position will be generated from Court Services fees and will require no local funds from the County of Frederick. ALTERNATIVE B This alternative would involve amendments to both zoning and 's:ubdivision regulations. The zoning district outlined is designed for weekend cabins and • hunting retreats with very few requirements and limited permitted uses. The minimum lot size would be five (5) acres, no yard regulations should be necessary., and all roadways would be responsibility of a home owners association. With this zoning district in place then all lots that would be developed in Agricultural 1 and 2 zones must be considered full time residential lots and the subdivision regulations for Alternative B are strict so that roadways can be improved by the home owners and dedicated at the least possible cost. The difference between Alternative A and B is that the Virginia Department of Highways slope requirements have been added to Alternative B. The advantages of this Alternative is that it gives maximum control of the development of recreational large lots and full time residential large lots. The disadvantage of this Alternative is its complexity and the difficulty the Commission and Board may have making a fair and reasonable determination of what should be zoned R -A and what should not. • Mr. Berg stated that Alternative A calls for no regulation on sales of twenty acres or more and that the Planning Commission had some thought of reducing the lot size to ten acres. There was a general discussion of the division of land into three acres versus five acres as a definition of a subdivision. Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the definition of a large lot subdivision be those of five (5) - ten (10) acres. • The above resoluti6n 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 Kenneth Y. Stiles. It was the general consensus: of the Board and Planning Commission to proceed with Alternative A as outlined above. There followed a brief discussion regarding downzoning and the Board agreed generally to investigate downzoning before the reassessment. The Board requested the Planning Commission to study downzoning so that they might make a recommendation to the Board prior to the reassessment. • DIVISION OF COURT SERVICES REQUEST FOR START OF NEW POSITION - DENIED Upon motion made -by Kenneth Y. Stiles and seconded by'Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors, that the following) supplemental appropriation is hereby authorized to the General Operating Fund for the fiscal year ending June 30, 1978: 05- 005G -102C Court Service Assistant $1,502.00 05 -005G -295 Fringe Benefits 150.00 $1,652.00 BE IT FURTHER RESOLVED, That the new position of Court Services Assistant will be effective May 1, 1978; and, BE IT FURTHER RESOLVED, That the funding for said position will be generated from Court Services fees and will require no local funds from the County of Frederick.