May 31, 1978 to July 12, 1978:. An Adjourned Meeting of -the Frederick County Board of Supervisors was held
on May 31, 1978, at 5:00 P.M. in the Board of.Supervisors' Meeting Room, 9 Court
Square,,Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman;
Dr.iRaymond L. Fish; Will L. Owings; R.,Thomas Malcolm; and.,Kenneth Y. Stiles.
The.Chairman called the meeting to order.,
DISCUSSION WITH HIGHWAY DEPARTMENT-ON PROPOSED SIX:YEAR PLAN
Mr. John Chiles and Mr. R. C. King of the Highway Depaitment appeared before
the Board.to continue discussion on the proposed six year plan.
Mr. Rosenberger stated that he did not feel the Board could.plan effectively
beyond the first two,years of th plan and Mr:. Koontz agreed:
Mr. Chiles stated that a public hearing would be held on the plan every two
years. He advised that a three to four year lead time is-necessary on the projects
and he felt the first year of the plan would have to be accepted as it is written.
Mr. Rosenberger stated that'he felt the Board should be allowed to transfer'
money from one project to another which they feel is more pressing and Mr. Koontz
stated that he felt this 'should be allowed inasmuch as some-projects which have
their financing almost completed are not as pressing as- which have not yet
been started or are scheduled for several years hence.
Mr. Chiles explained briefly the procedures for financing the projects and
stated that transferring funds from project to project would not speed up the
process inasmuch as approvals from so many different agencies are necessary
before a project can go to public hearing.
Route 681 was discussed and Mr. Koontz stated that he felt there were other
projects which were much more necessary than this particular one. Mr. Rosenberger
agreed and stated that he felt Route 622 was a road which should have a higher
priority than Route 681.
Mr. Koontz agreed that the bridge on Route 681 needed'to be replaced but
stated that he felt the road was in fairly good condition..
Dr. Fish stated that there are two dog legs off this -hr.idge and :there
would be no point in replacing the bridge if the road were not straightened.
months and it is too-late now to drop it. He advised that some of the projects-in
the plan are pretty well set and others could be changed by the Board, particularly
Mr. Chiles advised that this project will go to contract in about three
those done by state forces.
Mr. Rosenberger asked when Route 622 would be finished and Mr. King advised
that it would go to contract next May and be completed in approximately five
to six months.
Mr. Chiles stated that this project cannot be completed any sooner than it
is planned and that the first two years of the plan are pretty well set on the
big projects. He then explained briefly which projects contained in the fiscal
years 1979 -80 and 1980 -81 the Board might want to change or eliminate.
Mr. Rosenberger asked if he would have any input as to the funds spent on
Route 629 and Mr. Chiles stated that he would.
Dr. Fish requested that Route 734 be considered in the plan within the next
five to six years.
Mr. Rosenberger requested that Route 619 be addressed.
Mr. Malcolm requested the bridge on Route 656 and the Bufflick Road be
considered. Mr.- Chiles advised that the houses are so close that Bufflick
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Road could not be reconstructed without tremendous amount of damage to property.
He added that perhaps it could be recapped and he would look into it. Mr. Chiles
stated that the bridge on Route 656 would be very expensive to replace inasmuch as
the stream bed would have to rerouted and this project could cost as much as
$120,000.
Mr. Koontz thanked the Highway Department representatives for meeting with
the Board and invited them to attend the meeting on June 12, 1978 to continue
discussion on the six year plan.
ION AUTHORIZING ADDITIONS AND TRANSFERS WITHIN THE 1977 -78 SCHOOL
Mr. Rosenberger stated that the Finance Committee recommended approval of
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a resolution authorizing additions and transfers within the 1977 -78 School Budget.
Mr. Renalds suggested that the words "to cover any undetermined deficits" be
added to the resolution-and the Board agreed.
Mr. Stiles asked if the $62,937.89 impact funds set forth in Item 10 were
not the funds with which the local share of funds could be reduced and Mr. Koontz
stated that this money is from last year's budget.
Mr. Stiles then asked where the money would be spent and Mr. Renalds stated that
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put into the building fund.
it would be spent on this year's operating budget and anything left over would be
Mr. Stiles stated that he would like to see any excess funds carried forward
into the operating budget and the local committment reduced. He added that he did
not agree with reducing the building fund when the County is facing the construction
of capital facilities in the near future.
Upon motion made by Thomas B. Rosenberger, and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby
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approve the following additions and transfers to the 1977 -78 School Budget:
1. Increase the'Special Eduction Fund appropriation R123 to include
additional amounts to be received that were not anticipated at the
time-of budget presentation.
2. Increase School Food appropriation R27 to include any additional funds
to be received in June:
3. Increase the budgeted amount of Incentive Funds from $10,000 to
$39,534 and enter the additional amount of the disbursement side
as needed to cover deficit items.
4. Increase Title I Funds to include any amounts received in the 1977 -78
year that were -not budgeted or estimated and to spend any or all extra
funds as needed to operate the Title I Projects.
5. Increase the Migrant appropriation in the amount of $21,500 for
anticipated receipts to cover estimated expenditures.
6. Increase title IV -C Funds (both receipts and expenditures) in the
amount of $26,825 to cover additional 100% Federal Money.
7. Add to the 1977 -78 Budget the sum of $14,000 for the Title IV -C
Federal Pilot Study project.
8. Add to the 1977 -78 Budget the sum of $61,000 for Title VI -B to cover
costs incurred by the Learning Adjustment Project.
9. Add to the 1977 -78 Budget the sum.of $19,674 to cover the cost of
1 Learning Disabilities teacher, 1 Speech Specialist, and 1 Home
School Coordinator approved by the Department of Special Services.
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10. Put in the appropriation side of the budget the balance carried
forward from 1976 -77 approved by the Board of Supervisors, repre -.
senting Impact Funds in the amount of $62,937.89, and moneys received
in the 1977 -78 FY, and to move the amounts to categories as neede to
cover items to be paid with these funds. ,-
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11. Add to the 1977 -78 Budget the sum of $113,000 representing anticipated
receipts from CETA and to include the same in expenditure appropriations.
12. Transfer the appropriation for the salary of Harold Gardenhour from
17B1- 134 -000 to 17CO- 11C000 in the-amount of $13,661.
13. Transfer the salary of Home School Coordinator in the amount of
$9,921 from 17C- 1270 -000 to Title IV -B - Flow Through Project 17K10:
14. Transfer the salary of 1 Speech Specialist from 17B1- 134C- 000•to
17K10 Title VI -B - Flow Through Project.
15: Transfer the salary of 1 Learning Disabilities teacher from 1781 -134C -040
to 17K10 - Title VI -B - Flow Through Project.
16: Transfer amounts from catefories with a surplus to cover anticipated
deficits in 17D1 (transportation).
17:. Transfer the cost of 6 buses ($76,449.78) from Capital Outlay 17- 900- 400A -O(
to 1702 -400 Replacement of Buses.
18. Transfer $25,933.78 from the appropriation 19- 400 -A -000 to 17D2 -400 to
cover the cost of six buses in Item 17.
19. Transfer from 17D1- 2110 -000 to 17F1- 398 -000 the cost of insurance on
cars and other motor vehicles.
20. Transfer from 17D1 -300 and 17D1 -312 to 17F1- 398 -000 the cost of
repairs, parts, etc. of cars and other motor vehicles.
21. Transfer the amount of $6,133 from 17B1 -134A -000 which represents
Sabbatical Leave Salary to a new category 17B2- 236 -010.
BE IT FURTHER RESOLVED, That the Frederick County Board is hereby granted
permission to use any additional funds allocated from the state, federal and
miscellaneous local school revenue and to move any item to cover any undetermined
deficits.
BE IT FURTHER RESOLVED, That the Frederick County Board of Supervisors.does
authorize the transfer of any balance in the 1977 -78 school budget to the School
Debt and Construction Furid and.that said balance be'retained for continued use
in the 1978 -79 budget.
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. Nay - Kenneth Y. Stiles.
FEASIBILITY STUDY FOR JOINT CAPITAL FACILITIES - APPROVED
Mr. Malcolm advised that the Joint Frederick - Winchester Capital Facilities
Committee had recommended the firm of VVKR to conduct the feasibility study
for joint capital facilities. He stated that the Committee requested that the
County Administrator be authorized to execute the contract for said study at a
cost not to exceed $27,800.
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 authorize the County Administrator to execute on behalf
of the County, a contract with the VVKR Partnership of Alexandria, Virginia, for
a joint feasibility study for capital facilities as a cost not to exceed $27,800,
said cost-to be borne by the County and City on a fifty /fifty basis.
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.
HEALTH DEPARTMENT REQUEST FOR REVISED BUDGET - DENIED
Upon motion made by Thomas B. Roenberger and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein deny the request of the Frederick County Health Department
for approval of a revised budget for said department submitted May 16, 1978.
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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.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, THE BOARD ADJOURNED
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TO JUNE 12, 1978.
S etary, Board of Supervisors
An Adjourned Meeting of the Frederick County Board of Supervisors was held
on June 12, 1978, in the Board of Supervisors' Meeting Room, 9 Court Square,
Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman;
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Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles.
The Chairman called the Meeting to order.
AMENDMENT TO MINUTES - SEPTEMBER 14, 1977 - APPROVED
Upon motion made by R. Thomas Malcolm, and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, -That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve an amendment to the minutes of the Regular Meeting
of this Board held on September, 14, 1977, to include the following action:
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 Fredederick,
Virginia, does herein approve the following ordinance, on third and final reading:
AN ORDINANCE TO AMEND SECTION 21 -120 AND 121 OF THE FREDERICK COUNTY
CODE ADOPTED JANUARY 14, 1976, TO READ:
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21 -120 (i) Light industrial manufacturing, assembling, processing and
compounding, of glass (but only as a component part of the
manufacturing, assembling, processing and compounding thereof),
metal and plastic products from prepeared and raw materials,
together with associated operations including machining,
stamping, treating and plating. Provided, however, that plastic
or metal compounding and processing shall only involve previously
prepared plastic or metal material and that no compounding or
processing will be done using coke and coals as fuel.
21 -121 (f) Noise will be measured with a sound level meter. The maximum
sound pressure level permitted from any industrial souce and
measured at the property line shall be 75dB(A) (slow meter
response re: 0.0002 Microbar).
21 -121 (g) No vibration will be produced which is transmitted through the
ground and is perceptible to the human being at, or at any point
beyond, the property line; nor will any virbration produce a
particle velocity of 0.03 inches per second measured at or beyond
the property line.
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.
The above amendment was approved by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
and R. Thomas Malcolm. Abstaining - Kenneth Y. Stiles.
APPROVAL OF MINUTES
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 Regular Meeting of this >
Board held on May 24, 1978, and the Adjourned Meeting held on May 31, 1978, as
submitted.
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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.
Sanitation Authority, appeared before the Board and approval of the
APPROVAL OF STEPHENSON WATER - PROJECT, PHASE II - APPROVED
Mr. Wellington H. Jones, Engineer- Director of the Frederick County
Stephenson Water Project, Phase II. He explained the project briefly and the
areas it would serve.
Mr. Rosenberger asked if service could be provided to a group of homes located
north of Route 7 and east of I -81 inasmuch as there is a severe problem with
sewage in this area. Mr. Jones stated that it would not be possible to serve this
area at this time.
Mr. Stiles asked Mr. Jones if he had had any requests for service from the
Easy Living Mobile Home Park inasmuch as he had received several complaints from
the park. Mr. Jones replied that he had discussed this with the developer and as
yet no decision has been reached.
Mr. Jones then explained briefly the areas off Route 761 which would be
served and stated that this project should be completed by the summer of next year.
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
and,
WHEREAS, There is a need for central water facilities in the Stephenson area;
WHEREAS, The proposed water distribution lines are in accordance with the 1990
Frederick County Land Use Plan,
THEREFORE BE IT RESOLVED, That the Frederick County Board of Supervisors does
hereby approve of the construction of water distribution lines on Secondary Routes
664, 666, 761 and 837 in the Stephenson area and Route 11 in the Clearbrook area.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Ryamond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
QUARTERLY MEETING WITH FREDERICK COUNTY SANITATION AUTHORITY
Mr. James Diehl, Chairman of the Frederick County Sanitation Authority, appe
before the Board and presented a brief report on the activities of the Sanitation
Authority. He stated that it had taken almost one year to get the Lone Oak project
underway and that the water line is now in service.
He advised that the Sanitation Authority has an outstanding loan from the
Board of Supervisors of $88,000 and that they have budgeted $5,000 in the next year
to begin repayment of this loan; that the current plan of the Authority is to have
this loan paid back within_eight:years.
Mr. Diehl reported that the current Authority members work very well together
and are desirous of putting the services where the people need them. He requested
that the Board members bring any problems to the attention of the Authority for
consideration.
Mr. Rosenberger requested Mr. Diehl to investigate the - possibility of in-
stalling service on Route 660 inasmuch as several homes in this area have a severe
sewage problem. Mr. Diehl stated that he would check this request out.
Service to the welltown Pike area and Route 663 was discussed and Mr. Diehl
explained the procedure which must be followed in order to provide service stating
that 908 of the residents must sign before an FHA loan can be secured.
Mr. Koontz commended the members of the Authority for their service and thanked
them for meeting with the Board.
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PERMIT FOR WATER DISTRIBUTION MAIN AND SERVICE LATERALS - WHITFIELD
SUBDIVISION - APPROVED
Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles,
WHEREAS, Frederick County Sanitation Authority '(The Authority) desires to
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construct, operate and maintain a water distribution main with service laterals
in Whitfield Avenue as shown on plat:•recorded in the office of the Clerk of the
Circuit Court of Frederick County, Virginia, in Deed Book 344, at Page 152, to
furnish water service to lots shown on said plat; and,
WHEREAS, Normally, a permit for such construction is obtained from the State
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Highway and Transportation-Commission as regards those streets and roads which are
a part of the State Secondary Road System but the said portion of Whitfield Avenue,
though dedicated to the County of Frederick as a public road by deed of dedication
from James L. Bowman, et ux, dated July 19, 1968, recorded in the aforesaid
Office in Deed Book 344, at Page 150, the said Whitfield Avenue has not yet been
taken into and become a part of the "State:;Secondary Road System; and,
WHEREAS, In view of the recited circumstances, the County of Frederick
desires by this instrument to grant to the Authority'a like permit;
NOW, THEREFORE, In consideration of the premises, the County of Frederick,
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herewith grants permission to the Authority, insofar as the said County has the
right and power to grant the same, to construct, operate, maintain, repair and rep
within the confines of Whitfield Avenue as shown on the above referenced plat
recorded in Deed Book 344, at Page 152, a water distribution main together with
service laterals, all being as shown on plans and specifications on file in the
office of the Authority incorporated herein in full by this reference, said con-
struction to be completed in a satisfactory manner within three hundred sixty -five
(365) days from the date of this permit.
The above resolution was - passed by the following recorded vote: Aye -
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S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L.
R'. Thomas Malcolm, and Kenneth Y. Stiles.
PUBLIC HEARING
ZMAP #003 -78 -
- R -3 AND M -1 TO A -2
Mr. Berg presented ZMAP #003 -78 stating that this was a request of the Planning
Commission to make a zoning map-correction on the property of Douglas 0. Grimm in
Stonewall District.
Mr. Rosenberger stated that'•Mr. Grimm in Stonewall District.
Mr. Rosenberger stated that Mr. Grimm concurred with this zoning correction.
There was no opposition.
Upon motion made by Kenneth Y. Stiles 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 zoning.map amendment, on third and
final reading, as follows:
ZMAP #003 -78 SUBMITTED BY THE FREDERICK COUNTY PLANNING COMMISSION
FOR DOUGLAS O. GRIMM, P.O. BOX 758, WINCHESTER, VIRGINIA, WHO HEREBY
REQUESTS THAT EIGHT -ONE (81) ACRES OFF ROUTE 673 NOW ZONED RESIDENTIAL -
GENERAL DISTRICT (R -3) AND APPROXIMATELY EIGHT -SIX (86) ACRES OFF LENOIR
DRIVE NOW ZONED INDUSTRIAL- LIMITED (M -1) BE REZONED AGRICULTURAL - GENERAL
(A -2). THESE PROPERTIES ARE DESIGNATED AS PROPERTY IDENTIFICATION NUMBERS
0043A0000016, 00430A0000017, 00430A0000021, AND 00430A0000055B AND ARE IN
STONEWALL MAGISTERIAL DISTRICT.
The Above resolution was-passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
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VIRGINIA
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Mr. John Chiles of the Virginia Department of Highways and Transportation
appeared before the Board and presented a brief report of the discussion held on the
proposed six plan during the two previous meeting with the Board, stating that
in accordance with these discussionsthe dip on Route 739 would be corrected; the
direction on Route 629 would be changed going from the west end to the east end;
the bridge on Route 659 had been ruled out; the Highway Department recommended not
changing the priorities on Route 681 and Route 622 due to the planning problems
involved; that.there was a question regarding the intersection of Routes 620 and
622. He stated that he had reviewed this intersection and that to improve the
bridge and road in this location, it would be necessary to destroy some of the
buildings in the area.
Dr. Fish stated that-he felt the bridge could be moved to the left just far
enough to line up with Route 620 without-disturbing any of the buildings.
Mr. Kings stated that this might be a feasible solution to the problem and
Mr. Chiles stated that he would investigate this possibility.
Mr. Chiles stated thatthe suggested stop light at the intersection of I -81
and Route 277 would not be included in this budget and inasmuch as these are
primary roads, this would be under the jurisdiction of the Highway Department
in either Staunton or Richmond.
Mr. Chiles advised that federal safety funds are included in the County's
allocation which must be used for railroad crossing signals and all crossings
must have signals within the next six years.
There followed a brief discussion.regarding the responsibility of maintaining
the railroad crossings and Mr. King advised that the railroad company is responsible
for repairing the crossings and maintaining two feet on either side of the rail-
road track and the Highway Department is responsible for patching the roads into
the crossings.
Mr. Koontz, requested the Highway Department to investigate the possibility
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of repairing the intersection at Whitehall inasmuch as it appeared right -of -way
could be obtained at this time. Mr. Chiles agreed to look into this matter.
The Route 681 project was discussed and several board members stated that
they did not feel this project was necessary and should not be built if the people
did not want it. They suggested that the project be dropped and the money approp-
riated therefor be transferred to another project or put into the general budget.
Mr. Chiles advised that funds cannot be transferred from one budget to another
and that transferring the money to another project would not cause the project to
be completed at an earlier date. He advised that projects are not planned because
the people want them necessarily, but because they are necessary in the judgment
of the Highway Department. He advised that a public hearing had been requested
and would be held on this project.
Mr. Koontz stated that he agreed that a publi6chearing should be held on
the project and that the input of the Board of Supervisors must be considered as
to whether or not the project would proceed. He added that the Board may decide
that the project should not proceed and Mr. Chiles advised that something must be
done on the bridge and the Board may not have the option of determining whether or
not the project will proceed inasmuch as the Highway Department will make the
final decision.
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Mr. Owings asked the status of the road.priorities set forth after last year's
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road hearing and review and Mr. King advised that they had been unable to obtain
right -of -way on any of these projects.
Mr. Owings then asked the status of Route 842 and Mr. King advised that
construction is ready to begin on this road.
Mr. Stiles asked about maintenance on Routes 712 and 713 and Mr. King stated
that inasmuch as such a small part of the road is located within the County, it
would probably be fixed by hand rather than to bring large equipment in to do the
work.
Mr. Stiles then requested investigation of possible improvement to Routes
660, 667, and 663 and Mr. King stated he would check these roads out.
Dr. Fish stated that he-had received calls regarding Hunting Ridge Road
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(Route 608) and Mr. King stated that this road, from its intersection with Route
522 to the top of the hill, would be plant mixed.
The public hearing on the six year plan, in which the Route 681 project is
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contained, was discussed and Mr. Koontz stated that some members of the Board may
not accept the six year plan if the Route 681 project is left therein. He added
that the only other project he felt the Board might.disagree with was the project
scheduled for Route 805.
Mr. Koontz announced that the public hearing on the six year plan would be
held on June 28, 1978 at 7:30 P.M. in the Board Room.
ROAD ADDITIONS - FREDERICKTOWNE, SECTION III - APPROVED
Upon motion made by Kenneth Y. Stiles and seocnded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
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Virginia, does herein request the Virginia Department of Highways and Transportation
to accept into the Secondary Road System the following roads in Fredericktowne,
Section III, Opequon Magisterial District, pursuant to the provisions of Section
33.1 -229 of the Code of Virginia, 1950 as amended:
1. All of Essex Circle - Length .18 mile
2. Westmoreland Drive from Lot• #19 east to intersection with Caroline
Avenue a length of .09 miles and Westmoreland Drive from intersection
of Fredericktowne Drive east to Lot #70, a length of .11 miles
3. Caroline Avenue from Bedford Place to Lot 114, a length of .27 miles
4. Extension of Fredericktowne Drive from Bedford Place to Caroline
Avenue - Length .2 miles
BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of
Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements
for cuts, fills and drainage recorded in Deed Book 457, Page 510, dated April 16,
1976.
BE IT FURTHER RESOLVED, That this request is contingent upon the posting of
a proper and acceptable bond with the Virginia Department of Highways; and
BE IT FURTHER RESOLVED, That the Board does hereby recind the previous re-
solution passed by the Board on June 8, 1977 regarding the streets in Fredericktownel
Section III.
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 ADDITIONS - WHITFIELD SUBDIVISION - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein request the Virginia Department of Highways, and Transpor-
tation to accept into the Secondary Road System the following street in Sections
I and II of Whitfield Subdivision, in Opequon Magisterial District, pursuant to
the provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended:
Whitfield Avenue from Rt. 641 to•'.Rt .''641 a- : distance --6f .31 miles
BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of
Virginia an unrestricted right -of -way of sixty,(60) feet with necessary easements
for cuts, fills and drainage recorded in Deed Book 324, Page 407, dated August 2,
1966, and Deed Book 344, Page 150, dated July 19, 1968;
BE IT FURTHER RESOLVED, That this request is contingent upon the posting
of a proper and acceptable bond with the Virginia Department of Highways.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
ROAD ADDITIONS - STONEBROOK FARMS, SECTIONS VII & VIII - APPROVED
Upon motion made by Kenneth Y. Stiles 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 Department of Highways and Transpor-
tation to accept into the Secondary Road System the following roads in Stonebrook
Farms Subdivison, Section VII and VIII, Back Creek Magisterial District, pursuant
to the provisions of Section 33.1 -229 of the Code of Virginia, 1950 as amended:
Section VII
1. Stonebrook Road from intersection of Beverly Drive to beginning of
Section IV containing 955 L. F. or 0.180 miles
Section VIII
1. Greenfield Road from Section VI boundary to intersection of old
Forest Circle containing 265 L.F'.. or 050. miles
2. Old Forest Circle from intersection of Greenfield Road to intersection
.of Forest Valley Road containing 860 L.F. or .163 miles
3. Old Forest Circle from intersection with Greenfield Road to south
boundary of Lot #141 containing 495 L.F. or .094 miles
BE IT FURTHER RESOLVED, That this Board does guarantee the..Commonwealth of
Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements
for cuts, fills, and drainage recorded in Deed Book 476, Page 666, dated July 18,
1977;
BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a
proper and acceptable bond with I the Virginia Department of Highways:.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr., Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm„ and Kenneth Y. Stiles.
REQUEST FOR INSPECTION OF ROUTES 604 AND 619 BACK CREEK DISTRICT - PRESENTED
Mr. Rosenberger requested investigation and possible improvement of Routes
604 and 619 in Back Creek District inasmuch as both of these roads have a very
severe drainage problem thereby causing deteriorating conditions.
Mr. King agreed to investigate this request.
BOND REDUCTION - STONEBROOK FARMS, SECTIONS VII AND VIII - APPROVED
Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein agree to reduce the performance bond being held by the County
on Sections VII and VIII, Stonebrook Farms, Back Creek District, from the current
amount of $100,000 to $54,000 based upon information from the Virginia Department
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of Highways and Transportation that certain streets in said sections have been
built in.accordance with state standards and are eligible for acceptance into
the State Secondary System.
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 NAMES COMMITEE - STATUS REPORT
Mr. Renalds presented the status report of the Road names.Committee stating
•
that the Committee felt it would be very difficult to ascertain the 25 oldest
roads in the County. Dr. Fish acid Mr. Rosenberger stated that they could not
recall this being one of the directives given the Committee and requested that
it be referred back to the Committee for recommendation. The Board agreed with
this request.
SITE PLANS
SITE PLAN ON. 010 -78 - FREDERICK MALL - APPROVED
Mr. Berg presented the site plan of Frederick Mall to erect a High's Store
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on their property located off Route 522 north off Fox Drive.
The Board discussed the appearance of the store from Route 522 and Mr.
H. K. Benham, III, Attorney for Frederick Mall, stated that the building would
be constructed of brick on three sides and concrete block only in the back which
would provide for an attractive appearance from Route 522.
The location of the trash container was discussed and it was mutually agreed
that the container would be fenced from public view.
Mr. Malcolm stated that the Board had encountered problems in the past wherein
a developer had agreed to certain provisions set forth by the Board and has then
not followed through.
Mr. Benham replied that his clients agree that the dumpster be fenced and
would be willing to provide any other assurances requested by the Board.
Dr. Fish stated that he was most concerned about the entrance into the
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property and the effect on the traffic flow in the area. The Board discussed
at length the proposed entrances off Route 522 and Fox Drive.
the access road off Route 522 be a one -way entrance only and that the trash ..
container be fenced. Dr. Fish seconded the motion and it was defeated by the
following recorded vote: Aye - Kenneth Y. Stiles, R. Thomas Malcolm, and
Dr. Raymond L. Fish. Nay - Will L. Owings, S. Roger Koontz, and Thomas B.
Rosenberger.
Mr. Stiles then moved to approve the site plan with the stipulation that
Mr. Malcolm expressed concern that an overall site plan had not been pre-
sented for this property stating that he felt it would appear that the development
would be done piecemeal.
Mr. Benham replied that the ownership of this lot is entirely different
from that of the remaining tract of land. He added that the Planning Commission
had made it clear that they would not consider any further subdivision of the
remaining tract of land without an overall plan-and that the owners had agreed
to present such a plan.-
Mr. Rosenberger then moved to amend Mr.Stiles motion to strike the words
"With the stipulation that the access road off Route 522 -be a one -way entrance
only ". This motion was seconded by Will L. Owings, and defeated by the following
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recorded vote: Aye - Thomas B. Rosenberger, S. Roger Koontz, and Will L. Owings.
Nay - Thomas-Malcolm, Kenneth Y. Stiles and Dr. Raymond L. Fish.
II Dr. Fish stated that he felt it should be set forth that the trash container
be adequately fenced.
Mr. Koontz asked who would see that the container is adequately fenced and
Mr. Berg replied that before a certificate of occupancy is issued, the container
must be adequately fenced.
Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve Site Plan No. 010 -78, Shenandoah Valley National
Bank, Trustee (Frederick Mall) to coristructa High's Store on their property
located off U. S. Route 522 at Fox Drive in the Gainesboro District with the
stipulations that the trash container be adequately fenced from public view
and that the east wall of the store be built with attractive brick as recommended
by the Planning Commission.
The above'resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm,
and Kenneth Y. Stiles: Nay - Dr. Raymond L. Fish.
The Board recessed for ten mi mtes.
SITE PLAN NO. 012 -78 - CHARLES HEATH - BACK CREEK DISTRICT - APPROVED
Mr. Berg presented the site plan of Charles Heath for a model home and
sales office on his property located off State Route 642.
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 Site Plan No. 012 -78 of Charles Heath to construct
a model home and sales office on his property located off Route 642 in the Back
Creek Magisterial District in accordance with the Planning Commission recommendation
with the stipulation that the out - building be removed and the driveway paved to the
front of the model house.
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.
SUBDIVISION - LENOIR CITY COMPANY - STONEWALL DISTRICT - TABLED
Dr. Fish stated that when the Board approved the last subdivision for
Lenoir City Company;: it was made quite clear that no additional subdivision
would be approved until an overall master plan had been presented for the dev-
elopment of this area.
Mr. Bill Tisinger, Attorney for Lenoir City Company, appeared before
the Board and stated that a master plan is currently being developed and hopefully
will be completed -by the end of this month. He then requested that this sub-
division be tabled until the next meeting of the Board.
Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein table the subdivision request of Lenoir City Company until
the June 28, 1978, meeting of the Board of Supervisors.
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.
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LORD FAIRFAX PLANNING DISTRICT COMMISSION COMPREHENSIVE PLAN - TABLED
299
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein table the Lord Fairfax Planning District Commission - Compre-
hensive Plan until such time as the Board members have had the opportunity to
review the same.
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.
HIGHWAY SAFETY
i ESTABLISHMENT OF
Upon motioned made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm,
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BE IT RESOLVED, That the Board of Supervisors of the County of Fredrick,
Virginia, does herein approve the change of name of the Frederick County Highway
Safety Commission to the "Frederick County Transportation Safety Commission" in
accordance with legislation contained in Senate Bill 85.
The above resolution was passed by the following recorded vote: Aye -
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S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm and seconded by Dr. Raymond L. Fish.
Virginia, does herein establish the terms of the members of the Frederick County
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Transportation Safety Committee as follows:
1. Constitutional Officers serving on the Commission shall serve the
length of their term of office.
2. Representatives from the magisterial districts shall serve a term
commensurate with the supervisor from said district.
3. The representative from the Rescue Squad shall serve a term
commensurate with the Chairman of the Board.
The above resolution was passed by the following recorded vote: Aye
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
APPEAL OF DENIAL OF DJCP GRANT APPLICATIONS FOR ADULT COUNSELLING - APPROVED
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Mr. Renalds stated that the Division of Justice and Crime Prevention had
recommended denial of the application for grant funds for the "Increase in
Effectiveness of Adult Corrections Program ". He added that Reverend William
Dublin had requested that the Board of Supervisors appeal this decision and
that he would prepare all the necessary paperwork, and appear at the hearing
in Richmond should the Board authorize the appeal.
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
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Virginia, does herein authorize an appeal of the decision by the Division of
Justice and Crime Prevention to deny the application for grant funds for the
"Increase in Effectiveness of Adult Corrections Program" with the understanding
that Reverend William Dublin will take full responsibility for preparing the
necessary paperwork to effect said appeal as well as appearing at the public
hearing in Richmond on same.
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 recommendations of the Finance Commission
and the following action was taken:
VEHICLES TO BE SOLD AT SHERIFF'S SALE - 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 authorize and request the Sheriff of Frederick County to sell a
a Sheriff's.. sale the vehicles.. no.longer-required..by.•the Sheriff's Department or
the County Staff:
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.
COUNTER CYCLICAL FUNDS FOR TYPEWRITER FOR COMMISSIONER OF REVENUE'S OFFICE
- 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 an appropriation of $774 from counter - cyclical
funds for a typewriter for the Commissioner of Revenue's.Office.
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 TRANSFER - PARKS AND RECREATION DEPARTMENT - 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 approve the following budget transfers within the 1977 -78 Budget,
as requested by the Parks and Recreation Department, in order that local funds
might be utilized to match the approved Bureau of Outdoor Recreation grant for
the Stephens City Park:
AMOUNT
TRANSFER FROM
$ 250.00
18- 18F1 -109F
1,000.00
18 -18F1 -2170
5,000.00
18 -18F1 -2990
1,000.00
18- 18F2 -215B
1,500.00
18- 18F3 -399D
1,000.00
18 -18F4 -2170
1,000.00
18 -18F4 -3020
500.00
18 -18F4 -3180
400.00
18- 18F4 -399A
1,500.00
18 -18F5 -130
900.00
18- 18F5 -399D
2,000.00
18 -18F6 -3260
2,500.00
19 -18F3 =4060
5,000.00
19 -18F4 -4999
500.00
19- 18F5 -499B
14,000.00
19 -18F6 -4990
7,000.00
19- 18F6 -601B
2,000.00
19- 18F6 -601C
10,608.00
Opequon District Impact Fund
$57,658.00
TOTAL
TRANSFER TO
19- 18F6 -601A
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.
OFFICERS IN
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 refer the proposal for including Frederick County Law
Enforcement Officers in the special benefits category of the.rV.irgiriia :Stt�tplemental
Retirement System back to the Finance Committee for further study and recommendation
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.
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MONTHLY STAFF REPORT
Mr. Stiles asked for an explanation of Section 5 of the County Administrator's
report and Mr. Dickson replied that the position was for one month under a grant.
Mr. Stiles then asked if there had been any response froin the City regarding
council agenda for their upcoming meeting.
the advisory Committee for ASAP and Mr. Renalds stated that this matter is on the
After review, the monthly staff report was accepted.
ORDINANCES - FIRST AND .SECOND READING
The following ordinances were read on first and second reading:
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1. ZMAP #002 -78 SUBMITTED BY.G. M. KERNS, CONTRACT PURCHASER ACTING
FOR MARQUIS PROPERTY OF WINCHESTER AND DUANE B. DILLARD, 3237
VALLEY AVENUE, WINCHESTER,. VIRGINIA WHO HEREBY REQUESTS THAT
2.506 ACRES NORTHWEST OF WINCHESTER ON THE NORTH SIDE OF U.S.
ROUTE 522 ON THE WEST.SIDE OF DARLI?GTON DRIVE NOW ZONED BOTH -
BUSINESS- GENERAL DISTRICT (B -2) AND RESIDENTIAL- GENERAL DISTRICT
((R-3).• BE %REZONED - ALE RESIDENTIAL- GENERAL DISTRICT '(R-.3)' THIS PROPERTY
IS••DESIGNATED• AS PROPERTY IDENTI ;FIXRT�ION 'NUMBER'. O'5 AN07TS7.'.
SITUATED"IN "'STONEWALL MAGISTERIAL 5I8'1'RICT.
2. ZMAP #005 -78 SUBMITTED BY THE FREDERICK COUNTY PLANNING COMMISSION
WHO HEREBY REQUESTS THAT THE PROPERTIES BOUNDED BY INTERSTATE 81
ON THE WEST, BY SENSENY ROAD ON THE SOUTH, BY GREENWOOD ROAD ON THE
EAST, AND BY ROUTE 7 ON THE NORTH WHICH GENERALLY INCLUDES THE
SUBDIVISIONS OF SHENANDOAH HILLS, FREDERICK-HEIGHTS, GREEN ACRES,
ROLLING FIELDS, COUNTRY CLUB ESTATES, BRookLAND HEIGHTS AND HERITAGE
HILLS NOW ZONED RESIDENTIAL, LIMITED (R -1 AND R-.2) BE REZONED
RESIDENTIAL- GENERAL (R -3). THESE PROPERTIES ARE IN SHAWNEE MAGISTERIAL
DISTRICT.
3. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, CHAPTER
21, ZONING, ADOPTED OCTOBER 13, 1976, TO AMEND SECTION: 21 -1, 21 -6,
21 -10, 21- 36(e), 21- 44(e), 21- 52(h), Article XVII, 21 -144, 21- 147(g),
21- 148(x), 21- 148(y), 21- 149(e), 21- 157(e) and 21- 157(f).
4. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, SUB-
DIVISION OF LAND ADOPTED OCTOBER 13, 1976 TO AMEND SECTION: 18 -2,
18 -24; 18 -25, 18 -26, 18 -27, 18 -32.1, 18 -35.1, 18 -46.1. 18 -47, 18 -67,
18 -69, 18 -73, 18 -74.
5. AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES
OF THE COUNTY OF FREDERICK, VIRGINIA, ENTITLED "THE CODE OF THE COUNTY
OF FREDERICK, VIRGINIA", 1976 AS AMENDED, PROVIDING FOR THE REPEAL
OF CERTAIN ORDINANCES NOT INCLUDED THEREIN WITH CERTAIN EXCEPTION,
AND FOR OTHER PURPOSES HEREINAFTER SET OUT.
RESOLUTION REGARDING STATE MANDATED PROGRAMS - TABLED
Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. stiles,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Jirginia, does herein table a resolution regarding state mandated programs until
time as the Board has had an opportunity to study same.
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.
['RTL CT.P..RK TVPTSTR Pn.q TTTfW -q - MR A
Mr. Renalds stated that under the current CETA contract there is a nurse
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tion which has been unable to be filled. He requested that this position be
in order that ; the funds might be used to hire three clerk typists; one
for the Public Works Department, one for the Extension Service, and one for the
th Department.
Mr. Stiles stated that he was opposed to hiring people just to spend the
money and Dr. Fish stated that he was concerned about hiring three new
on such-short notice.
Mr. Renalds advised that when the CETA funds expire, the positions will be
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
BE IT FURTHER RESOLVED, That the Board of Supervisors of the County of
, Virginia, does herein approve the deletion of the unfilled nurse
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tion and the addition of -a clerk typist for the Public Works Department to
the current approved CETA Title II contract which will expire on September 30, 1978.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, and R. Thomas Malcolm.
- Dr. Raymond L. Fish, and Kenneth Y. Stiles.
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,
Virginia, does herein approve the requested clerk typist position under the current
CETA contract for the Virginia Tech Extension Office.
The above resolution was denied by the following recorded vote: Aye -
R. Thomas Malcolm, Will L. Owings, and Thomas B. Rosenberger. Nay - S. Roger
Koontz, Dr. Raymond L. Fish, and Kenneth Y. Stiles.
Mr. Stiles requested that this request be transferred to the Extension
Advisory Committee for study and recommendation. The Board agreed.
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,
Virginia does herein approve the requested clerk typist: position under the current
CETA contract for the '? F. reder. ick •:County__Health:.:Departtment.
The above resolution was denied by the following recorded vote: Aye -
R. Thomas Malcolm, Will L. Owings, and Thomas B. Rosenberger. Nay - S. Roger Koontz,l
Dr. Raymond L. Fish, and Kenneth Y. Stiles.
Upon moition 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 reemphasize the position of the Board wherein all CETA
positions will be terminated at such time as CETA funds expire.
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.
TRASH CONTAINER SITES DISCUSSED
Dr. Fish asked when the Board could expect completion of the work at the
trash container sites and Mr. Renalds replied that this work is due to begin
next week; that the hold up at the Bryarly School site is electric power. He
advised that the Highway Department had notified his office that the deed to the
property in Stephenson would 'not be forthcoming until August.
LIBRARY COORDINATING COMMITTEE DISCUSSED
Mr. Koontz stated that he expected the formation of the Library Coordinating
Committee to be forthcoming in the very near future.
REPORT EXTENSION SERVICE ACTIVITIES
Mr: Stiles stated that Extension.Service expects to have the home demon-
stration position filled by either the first oY fifteenth of July; that VPI would
be sending to the Extension Advisory Committee a list of qualified applicants from
which they would be able to choose a candidate.
Mr. Stiles announced that a donkey basketball game would be held on July 16th
in order to raise funds for the proposed new 4 -H Center. He invited the Board
members to participate in this event.
ONE "RESERVED - HANDICAPPED PARKING" SPA TO BE PROVIDED ON PLAZA PARKING LOT
Mr. Rosenberger requested that one of the.BOard-:df•Supervisors parking spaces
be replaced with a "Reserved - Handicapped Parking" space to accomodate a handi-
capped person in the Commissioner of the Revenue's Office.
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Upon motion made by R. Thomas Malcolm and seconded buy Will L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein direct that one Board of Supervisors' parking space on the
Plaza Parking Lot be replaced with a "Reserved - Handicapped Parking" space.
' 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.
LAW ENFORCEMENT COMMITTEE REQUESTED TO BEGIN WORK ON ORDINANCE REGARDING
ENFORCEMENT OF TRASH CONTAINER VIOLATIONS
Mr. Malcolm requested the Committee on Law Enforcement and Courts to begin
work on a viable ordinance to enforce the trash container ordinance.
• NACO CONVENTION DISCUSSED
Mr. Stiles stated that if any of the Board members plan to attend the NACO
Convention, he felt the proposed resolutions should be discussed so that the Board
might have input on the same.
UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED
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THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
a rma B and f up visors S retary, Board of Supervi
A Regular Meeting of the Frederick County Board of Supervisors was held on
June 28, 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.
INVOCATION
Reverend Edward Wilkins of the Macedonia - Montague Avenue Methodist Charge
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delivered the invocation.
APPROVAL OF MINUTES
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
_BE.IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein approve the minutes of the Adjourned Meeting of this Board
held on June 12, 1978, as submitted.
The above resolution was passed by the following recorded vote: Aye -
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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.
TRANSFER OF TITLE GOLD CHEVROLET TO SCHOOL BOARD - 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 hereby approve the'transfer of a 1970 Gold Chevrolet currently
operated by the Assistant Dog Warden to the Frederick County School Board at
such time as said vehicle is taken out of service by the County.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish,.Will L. Owings,
R.'.Thomas Malcolm, and Kenneth Y. Stiles.
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STATE DEPARTMENT
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 direct that the State Department of Taxation be requested
to place Frederick County on..its listing for.reassessment beginning in the fall
of 1979 to become effective January 1', 1981.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
CAT. Fi1NnS - RRF.RTFF' R
Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L.
Fish,
BE IT RESOLVED, That the Board of Supervisors of the. ;Couhty�df Frederick.,
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Virginia, does herein approve the following requests for equipment to be
purchased through the following appropriation of counter - cyclical funds for
fiscal year 1978 -1979:
Sheriff's Department radio equipment and beacon lights $2,350
Survey equipment Public Works Department 1,200 -
Treasurer's Office - safe 800
TOTAL; $4,350
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 ADJUSTMENT - SALARIES IN SHERIFF'S DEPARTMENT - APPROVED
Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond
L. Fish,
BE IT RESOLVED, By the Frederick County Board of Supervisors, that.the
following 1978 -79 budget adjustment and sdpplemental appropriation are hereby
authorized in order that law enforcement and correctional personnel in the
Sheriff's Department may be compensated in accordance with directive received
from the State Compensation Board:
GENERAL REVENUE FUNDf
Increase Revenue Estimate:
05 -6340 Reimburse Salaries - Sheriff
GENERAL OPERATION FUND:
Transfer from Reserve for Contingencies:
$1,996.00
998.00
$2,994.00
T
GENERAL OPERATING FUND:
Increase Appropriations:
06- 006A -110H
Compensation
of
Sergeant
06- 006A -110I
Compensation
of
Sergeant
06- 006A -110J
Compensation
of
Sergeant
06- 006A -110K
Compensation
of
Deputy
06- 006A -110R_
Compensation
of
Deputy
06- 006A -111C.
Compensation
of
Disp /Matron
06- 006A -111E
Compensation
of
Court Deputy
06 -006A -1110
Compensation
of
Court.'Deputy.
06- 006B -110C
Compensation
of
Corr. Officer
06- 006B -110E
Compensation
of
Corr. Officer
06- 006E -110G
Compensation
of
Corr. Officer
06- 006C -110B
Compensation
of
Jailer
06- 006C -110D
Compensation
of
Corr. Officer
$ 244.00
244.00
244.00
88.00
97.00
451.00
63.00
357.00
114.00
268.00
268.00
112.00
444.00
$2,994.00
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings.
R. Thomas Malcolm;_ and Kenneth Y. Stiles.
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Mr. Rosenberger stated that.ttie Finance Committee had recommended that
the "Special Benefits for Law Enforcement Officers" under the Virginia
Supplemental.Retirement System be denied at this time; however, the Sheriff
had requested to meet with the Finance Committee again to discuss proposal.
Mr. Renalds explained briefly the proposal and stated that new information
had been received concerning this issue and would be sent to the Board Members
for study.
Mr. Koontz referred this matter back to the Finance Committee for further
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study and recommendation.
YEAR
VAMP]
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,
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Virginia, does herein approve the following end -of -year transfers and school
debt and construction fund budget adjustments for the 1977 -1978 budget:
GENERAL OPERATING FUND
TRANSFER TO:
O1- OO1F -215D
Repair & Replacement - Equipment
$ 6,010.00
05- 005B -215C
Repair & =. Furniture
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and equipment
450.00
10 -01OG -226
special Services
11;354.00
10 -01OJ -290
Contracted Services - Landfill Fund
4,506.00
18 -18F4 -318
load & Street Materials
363.77
18- 18F5 -207B
Electric Current - P. Stat. /Trailer
1,304.00
18- 18F5 -207C
Electric Current - Little League
1,340.00
18- 18F5 -399A
Concessions - Purchase for Resale
391.99
TOTAL:
$25,719.76
TRANSFER FROM:
O1 -OO1F -214
Rent /Lease Equip.
$ 6,010.00
11 -011A -326
Census, Surveys and Reports
3,035.99
19 -005B -403
Furniture & Fixtures
450.00
19- 01OG -499B
Signs
11000.00
19 -01OG -600
Purchase of Land
10,000.00
19 -01OG -601
Site Preparation
354.00
19 -01OJ -400
Equipment
4,506.00
19 -18F4 -406
Small Tools
363.77
TOTAL:
$25,719.76
REVENUE SHARING TRUST FUND
TRANSFER TO:
19 -18F5 -499 Clearbrook Park Site Development $ 497.51
TRANSFER FROM:
19 -OO1F -405 Data'Processing Equipment $ 248.39
19 -18EO -699 Reserve for Capital Facilities 249.12
TOTAL: $ 497.51
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SCHOOL DEBT AND CONSTRUCT_I.O FUND BUDGET ADJUSTMENT
70 -1001 Proceeds - Sale of Bonds $1,000.000.00
70 -5000 Interest - Acrrued Bonds Sold 36,971.11
70 -5010 Interest on Bank Deposits 52,000.00
1,088,971.00
INCREASE APPROPRIATIONS:
20- 2000 -803A Interest on Bonds $ 10,000.00
INCREASE UNAPPROPRIATED SURPLUS $1,078,971.11
TOTAL: $1,008,971.11
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.
30.6.
INTRODUCTION OF NEW EXTENSION HOMEMAKER AGENT FOR FREDERICK COUNTY
Dr. Gary DeOms, Frederick County Extension Agent, appeared before the
Board and introduced Mr. Bob Tudor, the new District Agent for the•VPI & SU
Extension Service.
Mr. Tudor introduced Miss Judy Burtner and stated that she had been recommended
for employment as the new extension homemaker agent for Frederick County. He
presented a brief background of Miss Burtner's education and experience.
Mr. Stiles stated that the Extension Advisory Committee had met with Miss
Burtner and Mr. Tudor and had unanimously recommended her employment as of August
1, 1978.
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 recommendation of the Extension Advisory
Committee and the VPI & SU Extension Service to employ Miss Judy Burtner as
the new Frederick County Extension Homemaker agent, said employment to become
effective August 1, 1978.
The above resolution was approved 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.
REQUEST FOR RURAL ADDITION - BACK CREEK DISTRICT
Mr. Donald Luttrell appeared before the Board representing a group of
residents from Back Creek District and presented a request for a rural addition
for a section of road located off old Route 50 adjacent to an abandoned filling
station, a distance of approximately 3/10 mile to the intersection of new Route
50. He advised that there are approximately 16 homes located on this road and
that he felt the necessary right -of -way could be obtained.
Mr. King stated that he would investigate this request and that he felt
this road would be eligible for addition to the secondary system.
Mr. Rosenberger asked that this-request be considered and the Board agreed.
PUBLIC HEARING:
SYSTEM -
Mr. John Chiles, Resident Engineer, appeared before theBoard and reviewed
the proposed six year plan and the allocations set forth therein.
Mr. Owings asked if any of the projects set forth in 1980 -1981 could be
moved up to 1978 ors "1979 and Mr. Chiles stated that this could not be done inasmuch
as the projects take three to four years lead time before they are put to
contract. He advised that the projects would have to be started all over again
and the money allocated for them would remain idle.
Mr. Owings asked how soon work would begin on Route 628 and Mr. Chiles
stated that this is scheduled for 1980 and inasmuch as nothing has yet been
done on this project it could not be moved up.
Mr. Chiles explained that due to the extremely severe winter this past
year, the County is $300,000 in the hole in its maintenance budget.
Mr. Stiles stated that he had received several complaints regarding repair
work on Welltown Pike inasmuch as this work had been done one day and the next
day approximately 2/3 of the work was ditched and scooped.away. Mr. Chiles
replied that the Highway Department makes mistakes as in this case, but does try
very hard to avoid them.
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Mr. E.E. Bayliss, Jr. appeared before the Board in support of the Route
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681 project stating that the bridge was moved to this site from Route 522 and
is not wide enough to pass; that the approaches are had and it is not adequate
to'carry the heavy equipment which uses the bridge daily. He stated that a bridge
over Route 600 at Siler, similar to this one, had been hit by a car and knocked:
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intothe creek. Mr. Bayliss advised that the road is very dangerous and floods
quite frequently. He stated that he would be willing to donate the necessary
right -of -way for a new road if the Highway Department would replace his fences.
Mr. Charles DeHaven appeared before theBoard in support of this project and
stated that he uses the road and bridge daily, sometimes with a weight of as much
as 35 tons. He advised that the bridge is inadequate and the road is not wide
enough.. Mr. DeHaven advised that is was necessary for him to use this bridge and
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roadway in order to conduct his business.
Mr. Elmer Venskoske appeared before the Board in opposition to the project
and stated that'should the project be constructed, it will back water up onto
his property. He stated that he did not see a need for this bridge inasmuch as
one is planned for Isaac's Creek at about one half the cost. He added that he
felt the bridge would be safe if it is not abused and is maintained properly.
Mr. Chiles stated that this is a truss bridge and.is old and weak and has
been moved once. He stressed the need for replacement of this bridge.
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Dr. Robert Gebhardt appeared before the Board in support of the project
and stated that the road is very dangerous and floods quite often. He urged
the Highway Department to continue with their plans for this project.
Mr. Edward Lipiec stated that the proposed road would be 50 to 75 feet from
his driveway and that he would be responsible for maintaining the access road
to the proposed project inasmuch as this section of'road would be abandoned. He
advised that he was not financially nor physically able to maintain said road.
Mr. Lipiec stated that he was in favor of the project provided the access
could be moved closer to his property.
Mr. Chiles stated that it is proposed that the road will be located closer
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to the property of Mr. Lipiec than originally planned. However, this matter
has not been - finalized at this point in time.
Mr. Sam Lehman asked what process was used in determining the vehicle
day count on a road and Mr. Chiles stated that in subdivisions, the criteria
is 7 vehicle trips per day per household; that they do not have a specific formula
for farm roads.
Mr. Lehman stated that this project would cost just under $400,000:• and would
serve approximately 15 users.
Flooding of the road was discussed and Mr. Chiles advised that the Highway
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Department's goal was to eliminate the 90 turns coming onto the bridge; he
further stated that it would be raised to alleviate some of the flooding but in
severe conditions the road would probably still flood. He stated that the
road would be moved down stream in order to straighten it; that the northern
end would be put back into pasture and that the southern end would provide
access to Mr. Venskoske's property as.well as the Civil War Skirmish Grounds.
Mr. Tom Mills appeared before the Board and requested that the southern
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end of Middle Road be considered for improvement as soon as possible.
Mrs. Dickie Sharp also requested that work be done on Middle Road at the
earliest possible date.
Mr. Larry Hardesty presented a petition requesting improvement of the
Brucetown Road stating that it was very inadequate for the amount of traffic
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it carries.
Mr. Stiles stated that this was probably the heaviest travelled road in
the County from Route 11 to the Clarke County line.
Mr. Chiles agreed that the road is inadequate but stated that there are
many such needs in the County. He added that to rebuild this road.would be quite
expensive and.would destroy Brucetown. He added that could not recommend
it when there are so many other needs in the County.
Mr. Stiles requested that if this project could not be included in the
present plan, that it be considered for addition when the plan is updated in
two years.
Mr. Waverly Hardesty appeared before the Board also-in support of.this
project and stated that a portion of Rt. 667 which serves very few people,
and is a dead end, had been improved and this section which is heavily travelled
cannot be improved. Mr. Chiles advised that Route 667 serves a trailer park
and a large farming operation and the situation was critical when the Highway
Department decided to proceed with the project..
Revenue from gasoline taxes was discussed and Mr. Chiles stated that when
the price of.gasoline goes-up, the taxes remain the same and that a decrease
in consumption of gasoline necessarily causes a decrease in the revenues.
Mr. Dennis Cole appeared before the Board and requested improvement and
maintenance of Atwell Avenue and Mr. King advised that he would investigate
this request.
Mr. Rosenberger asked if the Board would have the option of either eliminating
or shortening the Route 681 project after the public hearing and Mr. Chiles
stated that the public hearing is to get input from various sources in order
that a decision might be reached on the project. He advised that the Board would
be notified of the public hearing.
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,
Virginia, does herein approve the 1978 -1984 Six Year Plan, Frederick County
Secondary System, with the exception of the Route 681 project, said project
to be acted.upon after a public hearing is held on same.
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:
PLAT REVISIONS - LAKESIDE ESTATES - OPEQUON DISTRICT - APPROVED
Mr. Berg presented a request for plat revision of Lots 2, 3 and 4 Lakeside
Estates Subdivision
Upon motion made by Will L. Owings 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 revision of Lakeside Estates Subdivision
in Opequon Magisterial District in order to add a portion of Lot 3 to Lot 2
and a portion of Lot 3 to Lot 4, the balance of Lot 3 having been used for Laurel
Drive, a sixty foot right -of -way.
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.
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EMERSON CORPORATION - ONE LOT SHAWNEE DISTRICT - APPROVED
Mr. Berg presented the subdivision request of the Emerson Corporation for
one lot off of Route 522 in Shawnee Magisterial District.
Mr. Malcolm stated that -there had been water drainage problems in this
area. He asked if this had been corrected and Mr. Berg replied that the Highway
Department did upgrade its culverts and that the site plan would be reviewed very
carefully.
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,
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Virginia does herein approve the subdivision request of Emerson Corporation for
one lot fronting on Route 522 in Shawnee Magisterial District, located between
Bigman's and a single family dwelling for establishment of a chiropractic clinic.
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.
LENOIR CITY COMPANY - STONEWALL DISTRICT - APPROVED
Mr. Berg presented the subdivision request of Lenoir City Company and the
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deed covenants and restrictions • proposed :•fo'r.:.the -- °deve'lopment. ofr:the
Insulation site.
Mr. Bill Tisinger, Attorney Lenoir City Company, appeared
before the Board and stated that the proposed subdivision would serve Davenport
Insulation.' He then introduced Mr. Roy Parks, Planner who presented an overall
master plan for development of the proposed industrial park, setting forth the
proposed categories of the property.
The roadways were discussed and Mr. Stiles stated that Welltown Pike has
a severe drainage problem now and further development would only worsen the
problem. He also stated that on the edge of the proposed housing district there
is a low area which currently lays under water.
Mr. Tisinger stated that the housing district section would.only be developed
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if the rest of the plan goes well and that at that time various county approvals
would have to be obtained such as rezoning, subdivision approval and drainage
approval.
Mr. Tisinger then described briefly the covenants and restrictions. He also
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presented an update on the water and sewer plans stating that they had been
approved by the Sanitation Authority and woiuld.:.Lnow.be submitted to the Health
Department and other state officials for approval. Mr. Tisinger stated that
construction on the water and sewer lines is planned to begin in the fall.
Mr. Berg stated that Route 661 would have to be widened and the entrance
would also have to be widened and moved to handle the additional traffic for
this industrial park and Mr. Tisinger stated that the developer was aware of these
problems and will discuss them with the Highway Department.
Mr. Rosenberger stated that when the Planning Commission recommended approval
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of this subdivision, they felt the covenants and restrictions were most important;
that they had approved the subdivision with the stipulation that changes could
be made in the covenants and restrictions for future projects.
Dr. Fish asked if the Board is considering only the lot for Davenport
Insulation and not the entire plan and Mr. Koontz stated that this was correct.
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Mr. Malcolm asked what jurisdiction the the Board had over the plan
inasmuch as it was conceivable that a very good plan might be submitted but
this would not guarantee that the property would be developed accordingly.
Mr ;.Berg advised that the Board now has a concept of the proposed development
of the property and when subsequent requests are made, the Board should require
the plan to be followed.
Mr. Owings stated that the current businesses located on this.tract of land
are very unattractive and Mr. Tisinger stated that they were aware of this
problem and anticipated that their current plan would take care of any future
problems of this nature.
Mr. Malcolm stated that it would appear the plan is only one man's word to
another inasmuch as it was not required and did not have to be followed.
The view of the area from Route 37 and screening was discussed and Mr.
Gilpin stated that the Kwick -Klean operations will plant trees in the fall for
screening purposes and that the fence around the Johnny Blue operation is
complete, however, it will still be visable from Route 37. He added that this
property is zoned for industrial use and that the two lots above discussed had
been sold without restrictions.
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 subdivision request of Lenoir City Company
for one lot located in'the Gilpin Industrial Park off of Lenoir Drive in the
Stonewall Magisterial District, to serve Davenport Insulations, such approval
subject to the covenants and restrictions placed upon said lot by the developers.
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.
DISCUSSION WITH STATE DELEGATES
Virginia State Delegates Alson Smith and Raymond Guest appeared before
the Board. The delegates discussed at length with the Board members legislation
passed by the recent session of the General Assembly and proposed legislation
and its effect on the localities.
REQUESTS FOR ROAD ADDITIONS:
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 request the Virginia Department of Highways and Trans-
portation to accept into the Secondary Road System the following roads in
Fredericktowne, Section III, Opequon Magisterial District, pursuant to the
provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended:
1. Halifax Avenue off of Westmoreland Drive to intersection of
Rockbridge Road, a length of .31 mile
2. Rockbridge Road from Caroline Avenue to Halifax Avenue a
length of .07 mile
BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of
Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements
for cuts, fills and drainage recorded in Deed Book 457, Page 510, dated April 16,
1976.
BE IT FURTHER RESOLVED, That this request is contingent upon the posting
of a proper and acceptable bond with the Virginia Department of Highways.
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The above resolution was passed by the following recorded vote: Aye -
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S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
Road Additions - Senseny Heights Subdivision - Shawnee District - Approved
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 request the Virginia Department of Highways Trans-
portation to accept into the Secondary Road System the following road in
Senseny Heights Subdivision, Shawnee Magisterial District, pursuant to the
provisions of Section 33.1 -229 of the Code of Virginia, 1950 as amended:
1. Massie Drive from the end of state maintenance on Route 1228
to Williamson Road a length of .16 miles
2. Williamson Road from Route 657 to .02.miles north of Massie
Drive a length of .26 miles
3. Stafford Drive from Massie Drive t6--Williamson Road a length of .07 miles
BE IT FURTHER RESOLVED, That this Board does guarantee the.Commonwealth of
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Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements
for cuts, fills and drainage recorded in Deed Book 272, Page 448, dated June 2,
1961; Deed Book 399, Page 93 dated August 1, 1972; and Deed Book 484, Page 524
dated June 15, 1976.
BE IT FURTHER RESOLVED, That this request is contingent upon the posting
of a proper and acceptable bond with the Virginia Department of Highways and
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Transportation.
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 Additions - Darville Subdivision - Stonewall District - Approved
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,
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Virginia, does herein request the Virginia Department of Highways and Trans-
portation to accept into the Secondary Road System the following road in
Darville Subdivision, Section II, Stonewall Magisterial District, pursuant to the
provisions of Section -229 of the Code of Virginia, 1950 as amended:
Williams Drive from Darlington Drive (Route 1311) northeast .13 miles to
cul -de -sac
BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth
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of Virginia an unrestricted right -of -way of sixty (60) feet with necessary
easements for cuts, fills and drainage recorded in Deed Book 385, Page 661,
dated January 11, 1972.
BE IT FURTHER RESOLVED, That this request is contingent upon the posting
of a proper and acceptable bond with the Virginia Department of Highways and
Transportation.
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 Additions - Wakeland Manor Subdivision - Opeouon Distr - Approved
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 request the Virginia Department of Highway.s:and Trans-
portation to accept into the Secondary Road System the following road in Wakeland
Manor Subdivision, Opequon Magisterial District, pursuant to the provisions of :
Section 33.1 -229 of the Code of Virginia, 1950 as amended.
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Lane Street (Extension of Route 1035) from Craig Drive
'(Route 1036) .12 miles northeast to cul -de -sac
BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth
of Virginia an unrestricted right -of -way of sixty (60) feet with necessary
easements for cuts, fills and drainage recorded in Deed Book 416, Page 389 dated
August 1, 1973; Deed Book 437, Page 790 dated November 15, 1974; and Deed Book
484, Page 177 dated November 1, 1977.
BE IT FURTHER RESOLVED, That this request is contingent upon the posting
of a proper and acceptable bond-with the Virginia Department of Highways and
Transportation.
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.
ABANDONMENT OF PORTION OF ROUTE 842 - APPROVED
Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles,
WHEREAS, On the 10th day of May, 1978, the Board of Supervisors gave notice
of the intent to abandon a portion of Route 842 from 1.01 miles north of Route
627 to 19 miles of Route 6.27 :(End of Maintenance) - - . A- ; total- : distance • ,_of .18
miles:;::pursuaht toC.Secfibn:.:33:.1r.151:df the:. - Code -.:of Virginia, 1950, as amended, ands
WHEREAS, No objections have been received regarding said abandonment within
thirty (30) days after publication of intent to abandon said road in a newspaper
of general circulations and posting of said notice on Route 842; and,
WHEREAS, After due consideration the Board of Supervisors has determined
than no public necessity exists for continuance of the said section of secondary
road as a public road and that the welfare of the public will be served best
by abandoning such section of road;
NOW, THEREFORE BE IT RESOLVED, That a portion of Secondary Route 842,
from 1.01 miles north of Route 627 to 1.19 miles north•of Route 627 (End of
Maintenance), a total distance of .18 miles, pursuant to Section 33.1 -151 of
the Code of Virginia,:1950 as amended, be and the same hereby is abandoned as
a public road.
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.
LORD FAIRFAX PLANNING DISTRICT COMMISSION COMPREHENSIVE PLAN - CARRIED FORWARD
The Board agreed to carry forward the Lord'. Fairfax Planning District
Commission Comprehensive Plan to the next meeting.
'S POSITION
Mr. Eston O..Rudolph, Commissioner of the Revenue, appeared before the
Board and.requested that the Board consider upgrading the appraiser position
in his office in order that he might employ a qualified individual to fill
this position.
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 refer the request of the Commissioner of Revenue to upgrade
the appraiser position back to the Finance Committee for further study and
recommendation.
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.
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NANCE
Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein request the Committee on Law Enforcement and Courts to
study the possibility of creating an ordinance to control noise in the County.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
REPORT SCHOOL BOARD LIAISON MEMBER RE: NEW HIGH SCHOOL
Mr. Owings reported that the School Board had met with the architect and
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construction manager on the new high school and had been advised that the school
could not be completed for the allocated $7 1/2 million dollars. He advised that
the School Board had voted unanimously to proceed with construciton of the school
knowing full well that the end result would be an imcomplete school. He stated
that he felt it should be set forth in the record that the Board of Supervisors
has authorized $7 1/2 million dollars for a completed school and it is obvious
this will not be the case. He also stated that the school will not be completed -
until the spring of 1980 or six months past the anticipated date of opening.
Mr. Stiles stated that in light of the action taken by this Board, he
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felt the School Board should be responsible to the Board of Supervisors in that
they are proceeding with the school knowing that it cannot be completed with the
allocated money.
Mr. Koontz advised that the academic facilities will be built and that the
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School Board can build only what they have funds to build.
UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY,. IT IS ORDERED
THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
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c aryl Board•o. Supervi
A Regular Meeting of the Board-of Supervisors of the County of Frederick,
Virginia, was held on July 12, 1978, in theBoard of Supervisors' Meeting Room,
9 Court Square, Winchester, Virginia.
PRESENT: Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish;
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Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles.
ABSENT: S. Roger Koontz, Chairman.
The Vice Chairman called the meeting to order.
INVOCATION
The invocation was delivered by Reverend William E. Richards, of the Middle
Chapel United Methodist Church.
APPROVAL OF MINUTES
Mr. Malcolm stated that on Page 6 of the minutes "Mr." should be changed to
"Dr." Gary DeOms and "Mrs." should be changed to "Ms." Judy Burtner. The Board
agreed with these corrections.
3.1.4
Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the minutes of the Regular Meeting of this Board
[held on June 28, 1978, with the above corrections.
The above resolutioa:was ; following recorded vote: Aye -
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm,
land Kenneth Y. Stiles.
CITIZENS ADDRESS BOARD RE: PROPOSED CONTAINER SITE AT CLEARBROOK
Mr Malrolii .advised .that..this site had been chosen because of its suitability
Mr. Rudolph Martin appeared before the Board in opposition to the proposed
trash container site in the Clearbrook area and stated that he did not feel the
site was large enough to accomodate the dumster and would adversely.affect the
(homes in the area.
And accessibility; that a compaction site would be put on the property and it is
expected to alleviate some of the problems currently being experienced at the
dumpster sites. He advised that it will not.be known until August whether or not
this site will be available from the state and that sites are very difficult to
find for this service.
Mr. Renalds suggested that Mr. Martin look at the Albin site, which will
be in operation next week, to see the improvement a compaction site will be over
the current situation.
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Mr. Robert Flynn also appeared before the Board in opposition to this site
stating that he was concerned about trash blowing onto his property and the
probability of rats and odor from the dumpster.
Mr. Stiles stated that he felt if the compaction site would be a great
improvement over the current situation, the park would be the best place for
such a site.
Mr. Malcolm advised that this site has been discussed for approximately
six months and had received wide publicity. He stated that Mr. Cole, former
did not seem to be any good place for this type of service.
Stonewall'District Supervisors, was in favor of this location and that there
Mr. Stiles suggested waiting until the Albin site'is in operation for a
certain period of time. to see how much of an improvement there.`is.
Following a brief discussion, the Board agreed to have County officials meet:
as well as other alternatives.
SUBDIVISIONS:
with the concerned citizens at the site in order to further discuss this location
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JOLINE ORNDOFF - TWO LOTS' STONEWALL DISTRICT - APPROVED
Mr. Berg presented the subdivision request of Joline Orndoff stated that
all agency approvals had been received and the Planning Commission recommends
approval of this subdivision.
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 subdivision request of Joline Orndoff for two
lots fronting Route 671 in the Stonewall Magisterial District.
The above resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Oiwngs, R. Thomas Malcolm,
and Kenneth Y. Stiles.
ASH HOLLOW INDUSTRIAL PARK - STONEWALL DISTRICT - APPROVED
Mr. Berg presented the subdivision request of the Ash Hollow Industrial
315
Park and stated that all approvals had been received and the Planning Commission
recommends approval of this request.
Mr. Stiles asked about fire safety inasmuch as there is only one entrance to
the property and Mr. Berg replied.this is a concern particularly when the roadway
' ends in a cul -de -sac. He further advised that a second entrance had orginally
been planned but had to be omitted because of a gas line.
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 the subdivision request of Ash Hollow Industrial Park
(Dennis and Mildred Cole) for ten (10) lots for commercial and industrial use off
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm,
and Kenneth Y. Stiles.
SITE PLANS:
SITE PLAN NO. 015 -78 - TIRE DISTRIBUTORS, INC. - SHAWNEE MAGISTERIAL
DISTRICT - APPROVED
Mr. Berg presented the site plan of Tire Distributors, Inc. and described
' the location of the property. He stated that the developer•.had.agreed
suggestions of the Planning Commission regarding right -of -way dedication,
• landscaping and outside storage.
The Health Department permit was discussed inasmuch as it .:.sets forth a
maximum of five employees. Dr. Fish asked what would happen should the business
increase thereby requiring additional employees and Mr. Berg stated that the
developer would probably have to expand.his system in order to meet Health
Department requirements for a larger number of employees.
The term "overnight truck parking" was discussed and the Board agreed that
this should be limited to those trucks in direct relationship to the firm's
of State
Route
7 in the Stonewall Magisterial District.
• 1
The
above
resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm,
and Kenneth Y. Stiles.
SITE PLANS:
SITE PLAN NO. 015 -78 - TIRE DISTRIBUTORS, INC. - SHAWNEE MAGISTERIAL
DISTRICT - APPROVED
Mr. Berg presented the site plan of Tire Distributors, Inc. and described
' the location of the property. He stated that the developer•.had.agreed
suggestions of the Planning Commission regarding right -of -way dedication,
• landscaping and outside storage.
The Health Department permit was discussed inasmuch as it .:.sets forth a
maximum of five employees. Dr. Fish asked what would happen should the business
increase thereby requiring additional employees and Mr. Berg stated that the
developer would probably have to expand.his system in order to meet Health
Department requirements for a larger number of employees.
The term "overnight truck parking" was discussed and the Board agreed that
this should be limited to those trucks in direct relationship to the firm's
and Kenneth Y. Stiles.
,
INC. -
Mr. Berg presented the site plan of Davenport Insulation Company, Inc,
and stated that the site plan had been modified to include the deed covenants.
' He described the proposed parking facilities and entrances to the property and
stated that all agency approvals have been received. Mr. Berg advised that the
Planning Commission recommended approval of this site plan.
Dr. Fish asked why there was a security fence set forth on the plan and why
landscaping was not mentioned. Mr. Berg replied that the-security fence is because
of their trucks and that landscaping is -not mentioned because it is set forth
on the site plan.
business.
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,
Virginia does herein approve the site plan of Tire Distributors, Inc. to
'
locate a tire warehouse, parking and driveway, with provisions for overnight truck
parking on their property located of Route 728 in the Shawnee Magisterial
District with the stipulations that a 15 foot right -of -way be dedicated for
Route 728, that the open areas be landscaped, that there be no outside storage
and that overnight truck parking be limited to those trucks having a direct
relationship to the firm's business.
•
The above resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm,
and Kenneth Y. Stiles.
,
INC. -
Mr. Berg presented the site plan of Davenport Insulation Company, Inc,
and stated that the site plan had been modified to include the deed covenants.
' He described the proposed parking facilities and entrances to the property and
stated that all agency approvals have been received. Mr. Berg advised that the
Planning Commission recommended approval of this site plan.
Dr. Fish asked why there was a security fence set forth on the plan and why
landscaping was not mentioned. Mr. Berg replied that the-security fence is because
of their trucks and that landscaping is -not mentioned because it is set forth
on the site plan.
316
Upon' ^motion` - made , by•:Kenneth-Y:. Stiles'•.andr.seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, that the Board of Supervisors of the County of Frederick,
Virginia does herein approve the site plan of Davenport Insulation Company, Inc.,
to construct a building for storage of insulation and offices on their property
located off Lenoir Drive in the Gilpin Industrial Park in the Stonewall Magisterial
Distirct.
The above resolution was passed by the following recorded vote: Aye -
Thomas B: Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm,
and Kenneth Y. Stiles.
SITE PLAN REVISION - CARTER LUMBER COMPANY - STONEWALL DISTRICT -
Mr. Berg presented the request for site plan revision of Carter Lumber
Company stating that both the Planning Commission and the Board of Supervisors
had approved this site plan with a maximum preservation of trees. He advised
the Board that all the trees had been removed with the exception of three trees
in the back portion of the.property. Mr. Berg stated that he did not feel he
could issue an occupancy permit until a revised site plan had been approved. He
further advised that the developer now says he would be willing to plant a new
row. of trees to replace those removed.
The Board discussed at length the blatant disregard by the developer of the
restrictions placed on the original site plan.
Mr. Berg advised that the developer had stated: that in order to put a
drainage ditch, the'trees had to be removed and the Board agreed that if this was
the case, the developer should have come back to the Board to discuss the problem:
Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein deny the site plan revision and occupancy permit for Carter
Lumber Company located off Route 11 North until such times as the trees shown
on the revised site plan have been planted to the satisfaction of the Planning
and Development Director, said trees to be Pine trees five (5) feet in height
and five (5) feet apart.
The above resolution was passed by the following recorded vote: Aye -
and Kenneth Y. Stiles.
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R: Thomas Malcolm,
PUBLIC HEARINGS
8 - A BROKERS ASSOCIATES -
2 AND R -3 TO
Mr. Berg presented ZMAP #002 -78 and stated that this is a dual request for
rezoning a subdivision. He advised that-the developer and the residents in the
area had reached agreement on the proposed six lots'and that the subdivision would
be subject to deed covenants.
A lady, who is a resident of the area, asked whose responsibility it was
to see that the deed covenants are enforced and Mr. Berg stated that this would
be the responsibility of the residents in the subdivision.
Upon motion made by Kenneth Y. Stiles 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 subdivision plat of Darville Subdivision,
Section III and rezoning request as follows:
ZMAP #002 -78 SUBMITTED BY G. M. KERNS, CONTRACT PURCHASER ACTING FOR
MARQUIS PROPERTY OF WINCHESTER, AND DUANE B. DILLARD, 3237 VALLEY
AVENUE, WINCHESTER, VIRGINIA WHO - HEREBY REQUESTS THAT 2.506 ACRES NORTH_
WEST OF WINCHESTER ON THE NOP.TH:SIDE OF U. S. ROUTE 522 ON THE WEST
•
•
•
•
SIDE OF DARLINGTON DRIVE NOW ZONED BOTH BUSINESS - GENERAL DISTRICT (B-2)
317
AND RESIDENTIAL- GENERAL DISTRICT (R -3) BE REZONED ALL RESIDENTIAL -
GENERAL DISTRICT (R -3)'. THIS PROPERTY IS DESIGNATED AS PROPERTY
IDENTIFICATION NUMBER 053AOA0000002 AND IS SITUATED IN STONEWALL
MAGISTERIAL DISTRICT.
The above resolution was passed by the following recorded vote: Aye
1
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings; R. Thomas Malcolm,
and Kenneth Y. Stiles.
- R -. 1 AND
Mr. Berg presented ZMAP #005 -78 and stated that the lots had been designed
•
according to the standard in effect at the time the lots were developed and
that this change would give the residents a ten (10) foot total side yard
relief. He advised that one half of the workload of the Board of Zoning Appeals
has been in this area.
Mr. Malcolm stated that the only criticism he had heard on this matter was
that by rezoning from R -1 to R -2 to R -3, it is conceivable that`` -in some areas
there dould be more homes than anticipated.
Mr. Sam Lehman asked if this type action was not a legitimate function of
•
the Board of Zoning Appeals and Mr. Berg advised that the majority of the cases
before the Board.of Zoning Appeals deals with this problem in this particular
area:;and further it is a $300 expense to the County each time the Board of Zoning
Appeals meets. He further advised that both State and County Codes states that
whenever a situation of a general and recurring nature becomes apparent, it should
be referred to the governing body for study and corrective action and this is
what is being done inasmuch as this is a general and recurring problem in this area.
Eollowing a discussion regarding the amount of property which is undeveloped
•
in this area and could be affected by this rezoning, the Board agreed to table
this matter until the next regular meeting in order to determine how much land in
this area is undeveloped and the impact this rezoning would have on the density
of development in the area.
Mr. Berg presented an Ordinance to Amend the Frederick County Code, Chapter
21, Zoning Adopted October 13, 1976 stating that two areas are being considered
in this amendment; one dealing with flood plain districts and the other dealing
with hospitals to include nursing homes with a conditional use permit in the R -1,
R -2, and R -3 districts.
He advised that approval of the amendments dealing with the flood plain
•
district must be on record in order to make flood insurance available to County
residents. He described briefly the requirements set forth in the Building Code
and by the Flood Insurance Administration regarding construction in flood
plain areas.
Dr. Fish asked for an explanation of subsection (b) under Section 21 -141,
Overlay Concept, and Mr. Berg replied that these overlay maps will be used in
conjunction with, and in addition to, the County Zoning Maps and will allow the
County the flexibility of working within the FIA guidelines.
Dr. Fish then asked about the use of the word "municipaltiy" within the
ordinance and Mr. Berg advised that this should be changed to read "jurisdiction".
The Board agreed with this change.
Dr. Fish then asked if the State Water Control Board had to be involved and
Mr. Berg replied that whenever a stream channel is altered;. the State Water
Control Board must be notified.
318
Dr. Fish stated that it wouid''appear that the Highway Departments Route
681 project would be in conflict with Section 21 -148 of the proposed amendment
and Mr. Berg advised that the state is not required to come to the localities
for approval of their projects, however they may be bound by their own legislation
or requirements set forth by HUD or FIA.
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 ordinance on third and.final reading:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING,
ADOPTED OCTOBER 13, 1976, TO AMEND SECTION: 21 -1, 21 -6, 21 -10, 21- 36(e),
21- 44(e), 21- 52(h), Article XVII, 21 -144, 21= 147(g), 21- 148(x), 21- 148(y),
21- 149)e), 21- 157(e), and 21- 157(f)
The above resolution was passed by the following recorded vote: Aye -
Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles.
Nay - Thomas B. Rosenberger.
The Board recessed for ten minutes.
THE FREDERICK COUNTY
Mr. Berg presented the Ordinance to Amend Chapter 18 of the Frederick
County Code, Subdivision of Land and stated that two sections were included; one
includes amendments to large lot development and roadway requirements and the
second includes amendments required to the subdivision ordinance for the flood
insurance program.
Mr. Sam Lehman appeared before the Board and stated that he did not feel these
amendments had been advertised clearly. Mr. Berg advised that the amendments had
been: advertised •:by.r.sectionr..numbeis•.::
Mr. George Whitacre stated that he agreed with Mr. Lehman in that he did
not feel the-;pub the amendments proposed because of the manner
in which they were advertised.
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors of the County of-Frederick,
Virginia does herein table the Ordinance to Amend the Frederick County Code,
Chapter 18, Subdivision of Land, adopted October 13, 1976, until the next
Regular Meeting of the Board in order that said amendments might be advertised
more clearly by subject rather than by section number.
The above resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm,
and.Kenneth Y. Stiles.
Belo]
Mr. Renalds presented the ordinance adopting a revision and codification of
the ordinances of the County of Frederick, Virginia and stated that the new
supplements to the County Code have been received. He then explained the corre
proposed by the adoption of this ordinance and advised that the Board had acted
on each of these matters either by resolution or ordinance.
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 ordinance on third and final reading
AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES
OF THE COUNTY OF FREDERICK, VIRGINIA, ENTITLED "THE CODE OF THE COUNTY
OF FREDERICK, VIRGINIA, OF 1976, AS AMENDED," PROVIDING.FOR THE REPEAL OF
CERTAIN ORDINANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTION, AND FOR
OTHER PURPOSES HEREINAFTER SET OUT.
•
•
E
Fj
•
319
Be it ordained by the Board of Supervisors of the County of Frederick,
inia:
•
•
Section 1. There is hereby adopted by the Board of Supervisors that certain
Code.entitled "The Code of the County of Frederick, Virginia of 1976, as amended" con
taining• o n
rdinaces of a general and permanent nature as compiled,
consolidated, codified and indexed in chapters 1 to 21, both inclusive, of which
Code not less than three copies have been and are now filed in the office of the
Clerk of the Board of Supervisors.
Section 2. The provisions of such Code shall.be in force on and after July
12, 1978, and all ordinances of a general and permanent nature adopted on final
reading and passage on or before September 14, 1977, and.not contained in such
Code are-thereby repealed from and after July 12, 1978 except as
hereinafter provided.
Section 3. The repeal provided for in the preceding section of this
ordinance shall not affect any offense or act committed or done or any penalty
or forfeiture incurred or any contract or right established or accruing before
July_ 12, 1978; nor shall it affect any prosecution, suit or proceeding pending
or any judgement rendered prior to July 12, 1978 ; nor shall such repeal affect
any ordinance or resolution promising or guaranteeing the payment of money for
the County or authorizing the issue of any bonds of the County or any evidence
of the County's indebtedness or any annual tax levy; nor shall it affect any right
or franchise conferred by ordinance or resolution of the County on any person or
corporation;.: nor shall it affect any ordinance adopted for purposes which have
been consummated; nor shall it affect any ordinance which is temporary, although
general in effect, or special, although permanent . in effect; nor.shall it affect
any ordinance relating to the salaries of the County officers or emplbyees;.: %X-
nor shall it affect any ordinance annexing - territory to the County; nor shall it
affect any ordinance naming, renaming, opening, accepting or vacating streets,
alleys or subdivision plats in theCounty; nor shall it affect any ordinance re-
lating to the zoning map; nor shall it affect any ordinance adopted on final reading
and apssage after September 14, 1977; nor shall it affect any of the following
ordinancesoor amendments thereto: the ordinance adopted June 6, 1974, entitled
"An Ordinance to Adopt the Land Use Component of the Comprehensive Plan for Frederick
County., Virginia "; the ordinance adopted March 10, 1976, entitled "A Ordinance
for the Refund of a Portion of Utility Taxes Erroneously Assessed in the County
of Frederick, Virginia "' the ordinance adopted October 24, 1967 entitled "An
Ordinance Creating the Industrial Development Authority of the County of Frederick
Viginia; the Ordinance adopted August 17, 1977 known as the "Community Antenna
Television Franchise Ordinance.
Section ...`.Section 5 -33 of said Code is hereby repealed and section 5 -30
is amended to read as follows:
"Sec. 5 -30. License taxes -- amounts
License taxes shall be as follows:
•
Male. For a male dog, four dollars.
Unsexed male or female. For an unsexed male or female dog, one dollar.
Female. For a female dog, four dollars:
Kennels. For twenty dogs, fifteen dollars.
Kennels. For fifty dogs, twenty -five dollars.
Section 5. It is hereby declared to be the intention of the Board of
Supervisors that the sections.",: paragraphs, sentences, clauses and phrases.oft's
this ordinance and the Code, hereby adopted are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance or the Code hereby adopted
shall be declared unconstitutional or otherwise invalid by the valid judgement
or decree of a court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance or the Code hereby adopted.
No license tax shall be levied on any.dog that is trained as a guide
dog for a blind person."
The above resolution was passed by the following recorded vote: Aye -
•
Thomas B. Rosenberger, -D Raymond L. Fish, Will L. Owings,'R. Thomas Malcolm,
and Kenneth Y. Stiles.
CONDITIONAL USE PERMITS
CUP #003 -78 - WILLIAM AND ONILE GRIFFITH - GAINESBORO DISTRICT - TABLED
Mr. Berg presented the conditional use permit request of William and Onile
.Griffith to operate a grocery store on their property located off Route 522'
in Gainesboro Magisterial District. He stated that the Planning Commission
recommended denial of this request inasmuch as the entrance to the property
would creat a hazardous situation.
Mr. Stiles asked how the Board could deny the request on these grounds when the
Highway Department has approved the entrance and Mr Ambrogi stated that if the
Board had a bona fide concern regarding a traffic hazard, they could deny
320
the permit; however, the applicants may claim the Highway Department is the expert
in such matters and bring suit to settle the question.
Mr. Malcolm then asked if the permit could be denied as being inconsistent
with the Land Use Plan and Mr. Stiles stated that the Land Use Plan is only a
guideline.
The Board discussed the possibility of relocating the proposed entrance and
Mr. Berg stated that the applicants were unwilling to do this.
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish,
BE IT RESOLVED, That the Board of Supervisors of the-County of Frederick,
Virginia, does herein table conditional use permit #003 -78 of William and Onile
Griffith until the next regular meeting of the Board in order that the Board
members might view the area set forth for the entrance to the property and further
study the possibility of a traffic hazard in this location.
The above resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm,
and Kenneth Y. Stiles.
CUP- #004 -78 - TRUS JOIST CORPORATION - BACK CREEK DISTRICT APPROVED
Mr. Berg presented the conditional use permit request of Trus Joist
Corporation and stated that when the permit was approved in May, it had been
approved in the name of Elizabeth H. Sager and since that time they had decided
to operate under the name of B. J. Sager, Inc.
Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein approve CUP #004 -78 of Trus Joist Corporation for the
operation of an Anheuser Busch distributorship on their property located off
Route 11 South in Back Creek Magisterial District in the name of B. J. Sager, Inc.
The above resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm
and Kenneth Y. Stiles.
CUP #006 -78 - EDWARD T. & CAROL B. PLACE - GAINESBORO DISTRICT - APPROVED
Mr. Berg presented the conditional use permit request of Edward T. and
Carol B. Place to operate a grocery store and periodic auction on their property
located at the northeast intersection of Rt. 654 and Rt. 677 stating that - the
Planning Commission recommended a one year permit with the condition that all
parking must be on the property..
Dr. Fish stated that this request would bring this operation into conformance
_with the recent change in the zoning classification and Mr. Berg Stated
that this was correct.
The Board discussed the enforcement of-the condition recommended by the
Planning Commission and Dr. Fish advised that should parking on the roadway be
a problem, the permit could be denied when it is presented for renewal next year.
Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of:Supervisors of theCCounty.df ".Frederick,
Virgnia does herein approve Conditional Use Permit 006 -78 of Edward T. and Carol
B. Place to operate a grocery store and periodic auction house on their property
located at the northeast intersection of Routes 654 and 677 in Gainesboror
Magisterial District with the condition that said permit is approved for a period
of one (1) year with the stipulation that all parking must be on the property.
The above resolution was passed by the following recorded vote: Aye -
I
1]
(Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm
321
and Kenneth Y. stiles.
- MRS. ADAM B. MYERS -
Mr. Berg requested that the conditional use permit request of Mf.s...Adam B.
Myers be referred back to the Planning Commission for consideration inasmuch as
Mrs. Myers has recently signed a contract to have a sprinkler system installed
in her nursing home within the next.week which will enable her to meet the code
requirements for a nursing home.
9he Board agreed with this request and referred said matter back to the
•
Planning Commission for consideration and recommendation to the Board.
COMMITTEE REPORTS
FINANCE COMMITTEE
Dr. Fish presented the Finance Committee recommendations and the following
action was taken:
Special Benefits for Law Enforcement Officers Under VSRS - Denied
Dr.' Fish stated that the Finance Committee recommended approval of the
Special Benefits for Law Enforcement Officers under VSRS.
Mr. Malcolm stated that he did not feel the County should have to pay
•
the rate on all County employees when Sheriff's Department personnel will be the
only recipients and further that it would require a $5,000 exepnditure. *which would
gradually increase.
Mr. Rosenberger stated that he felt items like this should be addressed
at budget time.
Mr. Owings stated that he objected to this proposal inasmuch as it did
not include all the employees in the Sheriff's Department.
Dr. Fish stated that there was some reason to beleive the rates might
•
decrease depending upon the retirement experience of personnel in the department
and.that should the matter be delayed much long, another actuarial study would
be necessary. He advised that the Committee also felts this type program might
help decrease the turnover in the department.
Mr. Renalds stated that the proposal had been processed as soon as the
information was available which was after the budget preparation for this fiscal
year. He further suggested that perhaps Title II counter - cyclical funds might
be used for this project.
[pon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles,
BE IT RESOLVED that the Board of Supervisors of the County of Frederick,
•
Virginia does herein approve the "Special Benefits for Law Enforcement Officers"
under the Virginia Supplemental Retirement System for Sheriff's Department
personnel.
The above resolution was defeated by the following recorded vote: Aye -
Dr. Raymond L. Fish and Kenneth Y. Stiles. Nay - R. Thomas Malcolm, Will L.
Owings, and Thomas B. Rosenberger.
RESOLUTION AUTHORIZING CARRY FORWARD FUNDS - APPROVED
Mr. James E. Boyd explained briefly the items set forth in the
resolution authorizing carry.•forward funds to the 1978 -1979 budget.
salary and.classification plan and $93,000 which was the remaining school building
Dr. Fish advised taht $5,000 which had been left over from the personnel
funds for the James Wood remodeling project had not been included in the carry
forward funds.
Mr. Malcolm asked if the James Wood project had been completed and if not
3.2 2
where the money would come from to finish it if said funds are not carried
forward.
Dr. Fish advised that it was the Committee's understanding that the project
is complete inasmuch as no bills have been received for quite some time.
determine whether or not the project has been completed.. He further advised that
Mr. Boyd stated that he had written to the school Superintendent today to
imoney could be• into the current .year's budget should it be
determined that the project has not been completed and.there is a need for
these funds.
Upon motion made by Dr. Raymond L. Fish and.seconded by Kenneth Y. Stiles,
WHEREAS, Unexpended 1977 -1978 appropriations remain.within the General
Operating and Revenue Sharing Trust Funds; and,
WHEREAS, These funds will be needed during the next fiscal year to complete_
unfinished projects, honor outstanding purchase orders or fund unanticipated
expenditures.
NOW THEREFORE, BE IT RESOLVED, By the Frederick County Board of Supervisors
that unexpended appropriations within the 1977 -1978 General Operating and Revenue
Sharing Trust Funds are hereby authorized to be carried forward for use within
the 1978 -1979 General Operating and Revenue Sharing Trust Fund budgets as follows:
General Operating Fund
1978 -79
Expenditure
Code
Description
Amount
Regular Appropriations:
Furniture & Equipment
O1- 1ODO -215C
Repair and Replacement
04- 04AO -405A
Office::Equipment
Furniture & Equipment
$ 325.00
04- 04AO -299A
Restoring Old Books
1,779:50
04 -04AO -299A
Office Equipment
336.50
06- 06AO -221A
Schools and Training
150.00
10- 10EO -326A
Census, Surveys and Reports
1,745.42
10- 1OGO -601A
Site Preparation
..26;647.55
10- 1OHO -902B
Special Loan - Sanitation Authority
25,000.00
10- 1OJO -499A
Leachate Containment
10,000.00
10- 1OJO -601B
Final Cover - Old Site
5,500.00
14- 140A -215B
Repair and Replacement
Buildings & Grounds
Buildings & Grounds
3,792.70
14 -14AO -499A
Fire Alarm System
3,800.00
14- 14AO -603A
Alternations to Old Buildings
11,699.37
18- 18E0 -211A•
Insurance Premiums - Liability & Theft
2,106.93
18- 18E0 -699B.
Road Construction - Zeiger Subdivision
408.85
18 -18F1 -299A•
Planning and Consults Fees (Impact fund)
3,859.00
18- 18F6 -601A
Improvement To Sites
66,833.00
18- 18F7 -600A
Land Purchase /Development
24,000.00
TOTAL $187,983.82
Title II Funds:
01- 01GO -322A
Books, Bulletins, Etc.
02- 02AO -215C
Repair &:.Replacement
Furniture & Equipment
03- 03AO -405A
Office Equipment
04- 04AO -405A
Office::Equipment
05- 05CO -403A
Funiture & Fixtures
05- 05CO -405C
Office Equipment
06- 06AO -405A
Office Equipment
06 -06AO -499A
Misc. Equipment
10- 1OB0 =403A
Furniture & Fixtures
10 -10E0 -326A'
Census, Surveys & Reports
10- 1OHO -499A
Misc. Equipment
10- 1OJ0_215B'
Repair & Replacement
Buildings & Grounds
10- 1OJO -499B
Misc. Equipment
11 -11AO -499A
Misc. Equipment
12- 12BO -215B
Repair & Replacement
Buildings & Grounds
14- 14AO -215B
Repair & Replacement
Buildings & Grounds
18 -18F1 -499A
Misc. Equipment
18- 18F3 -325A
Wearing Apparel
18- 18F4 -215B
Repair & Replacement
Buildings & Grounds
18- 18F5 -499C
Boats for Lake
TOTAL
$ 241:42
774.00
620.00
437.50
818.04
:_1;.100,:00
1,294.12
2,500.00
117.00
.21,000.00
1,936.00
4,000.00
1,462.00
968.00
3,580.00
1,440.12
2,904.00
78.00
750.72
179.00
.$46,199.92
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The above resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owngs, R. Thomas Malcolm
and Kenneth Y. Stiles.
COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT
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Mr. Malcolm advised that there would not be a report from the Committee
on Engineering and Code Enforcement.
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COMMITTEE ON LAW ENFORCEMENT AND COURTS
Report Regarding Sections of Code Dealing With Trash Containers
Mr. Stiles a report regarding enforcement of the 'sections of the
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County Code regarding trash containers stating that the Committee had generally
determined that the code as written was adequate and that enforcement of the
regulations was the key to a successful operation. He stated that the Sheriff's
Department representative at the committee meeting. to work with the Public
Works Department in an effort to provide enforcement of the regulations to help
solve the current problems with the trash collection system.
Report Proposed Noise Ordinance
Mr. Stiles reported that the Committee also considered.the request of the
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Board for study on alleviating certain noise problems in the County, especially
as related to unlicensed vehicles not operated on public streets. He advised that
the Committee is continuing to investigate the problem and is considering a permit
system and possibly certain controls_ within the zoning ordinance of the County.
Report 911 Emergency Telephone Network
Mr. Stiles stated that the Committee had reviewed the "911 Emergency
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Telephone Network" for the County and the possibility of working with the City
and Clarke County for an area -wide approach. He advised that the Committee
would be arranging a meeting with Winchester and Clarke County to further
explore the concept.
REPORT - PUBLIC WORKS DEPARTMENT PROJECTS
Mr. Renalds reported that-the car compound for confiscated vehicles and
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fencing for container sites has been bid and as soon as contractors can get on the
site, work will begin.
FAIRFAX
Mr. Rosenberger suggested that inasmuch as:.the Chairman was absent, this
matter be carried forward to the next meeting of the Board. The Board agreed.
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,
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Virginia does herein request S. Roger Koontz and Dr. Raymond L. Fish to make a
recommendation to the Board regarding the Lord Fairfax Planning District
Commission Comprehensive Plan.
The above resultion was passed by the following recorded vote: Aye -
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Thomas B. Rosenberger,.R. Thomas Malcolm, Will L. Owings, and Kenneth Y. Stiles.
Nay - Dr. Raymond L. Fish.
ORDINANCE - FIRST'& SECOND READING
The following ordinances were read on first and second reading:
1. ZMAP #009 -78 OF CLARKE E. COPENHAVER SR:, JACK SHAPRIO, AND
RALPH J. CURRY OF T /ACS & C, C/O THOMAS C. BAKER, RR #3, BOX
188, WINCHESTER, VIRGINIA HEREBY REQUESTS THAT 4.18 ACRES, AT
KERNSTOWN BETWEEN U. S. ROUTE 11 SOUTH AND BATTAILE DRIVE ON
STATE ROUTE 652 NOW ZONED BUSINESS - GENERAL (B -2) AND INDUSTRIAL
- GENERAL (M -2) BE REZONED: INDUSTRIAL- LIMITED (M -1). THIS
PROPERTY IS DESIGNATED AS PARCEL NUMBERS 98 AND 107 ON TAX
MAP NUMBER 63 AND IS IN BACK CREEK MAGISTERIAL DISTRICT'.
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2. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE OF
1976, CHAPTER 13, ARTICLE III, SECTIONS 13 -26 AND
13 -28, ADOPTED JULY 12, 1978 REGARDING COUNTY VEHICLE
LICENSES.
MONTHLY STAFF REPORT - ACCEPTED
After review, the monthly staff-report was accepted.
BOARD MEETINGS FOR JULY 26th AND AUGUST 9th, 1978= CANCELLED
The Board agreed to cancel the regular meetings of the Board scheduled
for July 26, 1978 and August 9,'1978.
REPORT COUNTY ADMINISTRATOR
Mr. Renalds advised the Board that the term of Donald Baughman on the
Welfare Board had expired on June 30th and his reappointment or a new appointment
should be considered in the near future.
The County Administrator also advised the Board that the County Representatives
to the ASAP Advisory Committee should be appointed as soon as possible inasmuch
as the.City representatives haver. already been appointed.
Mr. Stiles requested that theBoard also be considering appointments to the
recently formed Library Coordinating Committee.
Mr. Stiles stated that he had noticed in the memorandum from the Finance
Director that there was a $112,000 surplus in the school budget which would be
carried forward into the school debt and construction fund. He advised that he
had requested the school budget be cut $100,000 and if this had been done, these
funds could have been used to balance said budget. He stated that he objected
to this money being taken from the people of Frederick County and put into
the school debt and construction fund.
Mr. Malcolm stated that this money will be used for school debt and
construction and -this is the responsibility of the taxpayers. He added that the
Board was told this money could 'not be used to balance the budget inasmuch as
it is earmarked for school debt and construction.
FINANCE.
Mr. Rosenberger requested the Board to consider a merit increase of
approximately $750, retroactive to July 1st for, Mr. Roy Jennings inasmuch
as he is on his top step and would not receive a merit increase this fiscal
year. Mr. Rosenberger stated taht due to the fact that the appraiser has left
the Commissioner of Revenue's office, the workload has all fallen on Mr. Jennings.
The Board discussed the matter briefly and Mr. Owings stated that should
this be approved there would be several other requests dfrar.similar nature He
advised that there are already two more such requests.
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 refer the request for salary adjustment for several county
employees to the Finance Committee for study and recommendation.
The above resolution was passed by the following recorded vote: Aye -
Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm.
acid Kenneth Y. Stiles.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT
THE BOARD OF SUPERVISORS DO NOW ADJOURN.
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