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August 23, 1978325 A Regular Meeting of the Frederick County Board of Supervisors was.held bn August 23, 1978.irn of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger Vice - Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman called the meeting to order:•- INVOCATION The invocation was delivered by Dr. Will Dublin, of the Ridings Chapel United Methodist Church. REVEREND DUBLIN ADDRESSED BOARD RE: FAMILY COUNSELING PROGRAM Dr. Dublin reported to the Board that the grant appeal for the recently • requested Family Counseling Program had been denied. He thanked the Board for their cooperation in this matter. APPROVAL OF MINUTES Upon motion made by. Will L. Owings and'seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of.Supervisors of the County of Frederick, L • Virginia, does herein approve the minutes of the Regular Meeting of this Board Held on July 12, 1978 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. CUP #003 -78 - WILLIAM AND ONILE GRIFFITH - GAINESBORO DISTRICT - DENIED Mr. Rosenberger stated that the Planning Commission had recommended denial of this conditional use permit because they felt it would create a'.traffic hazard. Dr. Fish stated that he had viewed the site and did not feel the traffic • problem would be as severe as had been suggested by the staff. He stated that he felt the statement that there was a store across the road which was better situated should be stricken as it would have not bearing on this matter. The Board discussed the approvals of the Health Department and the Highway Department for this conditional use permit request. Mr. Stiles stated that he did not know how the Board could defend denial of this request'on the basis of a traffic hazard when-the Highway Department has approved the plan. Mr. King advised that the site distance.meets the minimum requirements of the Highway Department and they did not consider it a hazard. Mr. Rosenberger stated that should the permit be approved, the guard rail • would have to be removed thereby causing a hazard. Mr. King advised that the applicant might have to install a radial guard rail on the entrance. 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 uphold the Planning Commission recommendations to deny Conditional Use Permit Application No. 003 -78 of William and Onile Griffith to operate a grocery store on their property located off Route 522 north at Nain in the Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, and R. Thomas Malcolm. Nay - Dr. Raymond L. Fish and.Kenneth Y. Stiles. 326 CUP #007 -78 - BERNARD CLOUD - OPEQUON DISTRICT - APPROVED Mr. Owings asked why this business would be different from the one located across the street and Mr. Berg replied that this business is a.permitted use in the A -2 zoning,district and the use for the business across the street has not been stated as yet. 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 Conditional Use Permit No. 007 -78 of Bernard L. Cloud, for a period of one year to oeprate an antique and gift shop on his property located on the west side of Route 11 three miles south of Stephens City in the Opequon 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. CUP #009 -78 - JOSEPH A. HELSLEY - GAINESBORO DISTRICT - APPROVED Mr. Berg presented the request for conditional use permit of Joseph A. Helsley and stated that the Planning Commission recommended approval with the stipulation that all parking must be on the premises. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That theBoard of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit No. 009 -78 of Joesph A. Helsley to operate an auction house with lunch counter on his property located in Howards Chapel fronting Route 690 in the Gainesboro Magisterial District with the condition that all parking must be on the premises. 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. ZMAP #009 -78 - CLARKE E. COPENHAVER, ET AL - BACK CREEK DISTRICT - DENIED Mr. Thomas Baker appeared before the Board in suppport of'this rezoning request and stated that he plans to erect a series of storage warehouses on the property and that there would be no employees on the property. He described the location of the buildings stating that they would be erected behind the house, which is currently rented on the property and that the first buildings would be 40 X 100 feet. Mr. Baker stated that no services would be required from the County. Mr. Berg explained that Mr. Baker's property is currently zoned M -2 and B -2 and this came about in 1967 when many of the major roadways were strip zoned commercial 400 feet back. The'-extension of city water and sewer to the property was discussed and Mr. Berg advised that it is common practice for the City to extend water in the Kernstown area. Mrs. Elizabeth Glass appeared before the Board in- opposition to this re- zoning request stating that she would like to see the neighborhood remain residential. She stated that she understood the current tenant of the house on the property has purchased a home and would be moving. She then asked if the house would again be rented as a residence or would it become an office. Mr. Baker stated that at this point his intention is for the house to remain a residence but he could not commit himself to this. �i is • P • Ms. Cheryl Willingham appeared before the Board in opposition to this .32. rezoning request and stated that Shawnee Drive is entirely residential and this would be spot zoning. She stated that the - residences in this area are located in a flood district and development of the Baker property would cause a severe drainage problem. She also stated. that the proposed development would tend to devalue the homes in this area. Ms. Willingham urged the Board to deny this request and-to wait and see what the proposed rezoning by the Planning Commission of this area will set forth. Mr. Tom Glass appeared before the Board in support of this-rezoning request • and stated that he had been working with Mr. Baker on this project for quite some time. He stated that the property was first rezoned in 1967 and that he felt the philosophy was that the property fronting::Shawnee•'Drive be M -2; that the B -1 line was intended for Route 11 and not.Shawnee Drive. He advised that it would-be almost impossible to develop this property residentially. Mr. Marshall Glass appeared before the Board in opposition to this rezoning • request and stated that this was a residential neighborhood and he felt this was reflected in the proposed new zoning maps. He stated that should this request be approved, it would constitute spot zoning. Mr. Glass cited a problem with water run -off should the property be developed stating that the stream in the area has flooded in the past and this would increase the problem.. He also stated that development of this property would increase the traffic flow, would produce additional noise, and create air quality problems. i Mr. Glass stated that this property was purchased from the Delmar Bayliss Real Estate Agency and that Mr. Lang Gordonr= Chairman of the Planning Commission is an employee of this firm. He stated that he felt there might be a question of conflict of interest due to these circumstances. Mr. Rosenberger advised that Mr. Gordon had abstained from voting on this issue. Mr. Glass stated that he felt Mr. Gordon should have excused himself as • Chairman of the Planning Commission during the hearing of this particular matter. Mr. Rosenberger stated that he had always found Mr. Gordon to be quite by Mr. Gordon for a project he was involved in. fair in his judgements and that he had never detected any favorable consideration Mr. S. Roger Koontz advised that the Board of Supervisors had recommended • that a person in real estate be appointed to the Planning Commission and therefore this problem would arise from time to time. The Board discussed the possibility of perhaps having the front portion of the property remain residential and the back portion zoned M -1. Mr. Malcolm stated that inasmuch as the proposed down zoning of property by the Planning Commission has been mentioned several time, perhaps the Board should wait and see what the Planning Commission has planned for this area before making a decision on this matter. Mr. David A. Willingham appeared and requested that the property.remain in its current zoning inasmuch as he felt development of the property would create traffid_.problems as well as drainage problems. Mr. Mike Collins requested that the Board establish a moratorium on new building and rezoning in the Kernstown area until such time as the Planning Commission has completed the proposed rezoning of the area. Mr. David Miller appeared and requested that the zoning remain as it is inasmuch as he felt development of the property would create a more severe drainage problem in this .area. Mr. Malcolm asked if the area was in a flood district and Mr. Berg replied that it was and that should the property be developed, water may have to be contained and subsequently drained off the property. Mr. Malcolm again asked what the Planning Commission is doing. in regard to downzoning in this area. Mr. Rosenberger stated that'the Planning Commission had met only three times and that many public hearings and joint meetings would have to be held before any decisions are reached; that this cbuld take as much as two years to accomplish. Mr. Malcolm asked if in fact Mr. Baker had not had property rezoned for as much as five years without beginning development and Mr. Baker replied that this was correct and that this property lies to the east of the subject property; that he was -still trying to obtain a lessee for the property and he was saving it because it does have water and sewer. Mr. Malcolm stated that after hearing all that had been presented, and considering the timetable that Mr. Rosenberger speaks of regarding rezoning of the area, and also considering the fact that the applicant has property available to him, and all the other ramifications, he would move that this matter be tabled until such time as the Planning Commission has reached some decisions which would put the Board in a better position to consider this matter. This motion was seconded by Will L. Owings and defeated by the following recorded vote: - Aye - R. Thomas Malcolm, Will L. Owings, S. Roger Koontz. Nay - Thomas B. Rosenberger, Dr. Raymond L. Fish and Kenneth Y. Stiles. 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 ZMAP #009 -78 of Clark E. Copenhaver, Sr., Jack Shipiro, and Ralph Curry of /ACS & C, c/o Thomas C. Baker, RR #3, Box 188, Winchester, Virginia, to rezone 4.18 acres, at Kernstown between U. S. Route 11, South and Battaile Drive on State Route 652 from Business - General (B -2) and Industrial - General (M -2) to 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. The above resolution was defeated by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish and Kenneth Y. stiles. Nay - S. Roger Koontz, R. Thomas,'Malcolm, and Will L. Owings. The Board recessed for ten minutes. TREASURER'S REPORT Mrs. Dorothy B. Keckley, County Treasurer, appeared before the Board and presented the delinquent real estate and personal property tax list for the year 1977 for review. She requested that the list be returned as soon as possible for recordation in the Clerk's Office. There followed a brief discussion the collection of past due taxes and the procedure which must be followed in order to sell property on which taxes are not paid. Mrs. Keckley stated that she would present a complete report at the next meeting regarding delinquent taxes for the past several years. 11 �J • 11 329; 78 - FREDERICK COUNTY PLANNING COMMISSION - STONEWALL AND Mr. Berg presented the Frederick County Planning Commission to rezone certain properties in the Shawnee and Stonewall Districts from R -1 and R -2 to R -3. He stated that there are approximately 45 lots in this area which are undeveloped at this time that.would be affected by this rezoning. Mr. Malcolm stated that he had heard no adverse comments on this proposed rezoning from residents in his district and Mr.. Stiles stated-that he had not heard any adverse comments either from residents in his district. There was no opposition. is Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of'.Supervisors•.df�: .the "County,,of '.'Frederick Virginia, does herein approve the following rezoning request on third and final reading: ZMAP #005 -78 SUBMITTED BY THE FREDERICK COUNTY PLANNING COMMISSION WHO HEREBY REQUEST 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 SUB- DIVISIONS 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 AND STONEWALL MAGI- STERIAL DISTRICTS. The above resolution was passed by the following recorded vote: Aye - E S. Roger Koontz, Thomas B. Rosenberger,.Dr. Raymond L. Fish, Will L. Owings, 4 R. Thomas Malcolm,.and Kenneth Y. Stiles. Kid TO OF 1976 REGARDING Mr. Renalds presented the proposed ordinance to increase vehicle license fees in Frederick County. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of'the County of Frederick, • Virginia does herein amend the proposed ordinance to increase vehicle license fees in Frederick County to set forth $15.00 for all vehicles-except motorcycles, said fee for motorcycles to be $5.00. The above resolution was passed by the following recorded vote: Aye - 1 S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm,.and Kenneth Y. Stiles. There was no opposition. 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, r1 U Virginia, does herein approve on third and final reading the following ordinance: 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. Section 1. Section 13 -26 shall.be amended to read as follows: Sec. 13 =26 Schedule of Fees. The tax and license fee upon motor vehicles in the County shall be as follows: (a) The annual motor vehicle license taxes levied are: (1) Passenger cars not used for hire: $15.00 (2) Convertible use (conv.) vehicle: $15.00 (3) Private school bus: $.25 per hundred pounds of weight or major fraction thereof; except, that in no event shall any tax or license fee be greater than $15.00 330 (4) Taxicab: $.50 per hundred pounds of weight or fraction thereof; except, that in no event shall any tax or license fee for such vehicle be greater than $15.00 (5) Motorcycle, with or without side care: $5.00 (6) Truck as a single unit, truck - trailer combination, tractor or truck and semitrailer combination: $15.00 (b) This article shall not apply to motor vehicles, trailers and semitrailers as excepted from such levy by section 46.1 -66 of the Code of Virginia, as amended (8 -10 -70 § 3; 2 -23 -72 S 3.) Section 2. Section 13 -28 shall be amended to read as follows: Sec. 13 -28 Transfer of license tags. (a) Transfer of license tags shall be made from one vehicle of like design to another (as passenger to passenger); provided, that the vehicle on which the license is'to be used is registered in the name for which it was originally issued. (b) A fee of one dollar shall be charged for each transfer. (c) Substitutes for lost or mutilated license tags required by this article shall be issued to any person entitled thereto. furnishing satisfactory information and the payment of the fee of one dollar. (8- 10 -70, §..5.) Section 3. Section 4. If any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction, such uncon- stitionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordiance. The ordinance shall be in full force and effect on March 15, 1979 and thereafter. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. ESTABLISHMENT OF PRIORITIES FOR FISCAL YEAR 1978 -1979 - HIGHWAY DEPARTMENT Mr. John Chiles, Resident Engineer for the Virginia Department of Highways appeared before the Board and explained that according to state law a public hearing must be held on the six year plan as well as a project priority healing. Mr. Chiles presented the proposed budget for the first year's priority listing and explained that he had worked up a budget' basedclon'::the:'first.. year;.df the six year plan. Following a brief discussion, the Board agreed to carry this matter forward to the September 13, 1978 meeting in order to allow the Supervisors sufficient time for a review of the proposed project. Mr::.Koontz::announced• that the Route 681 project public hearing had been rescheduled for November 2, 1978 at 7:30 P.M. at the Gainesboro Fire Hall. Mr. Elmer Venskoske asked if bids had been let for the Route 681 project , and Mr. Chiles stated that they had not and would not be let until after the public hearing.is held and the tape of the meeting transcribed and seht':to Richmond for consideration. Mr. Stiles asked what wbu•ld happen to the funds allocated for this project should it be delayed beyond the end of the fiscal year and Mr. Chiles stated that the funds would be carried forward. Dr. Fish asked if the Highway Department had looked at the proposed bridge location at Opequon at Routes 622 and 620 and Mr. Chiles stated that they had and it would appear that they could possibly shift the alignment to the location of the old open ford. He advised that this should be considered next year when the six year plan is updated. Mr. Rosenberger stated that some of his constituents on Shawnee Drive had requested drainage of a ditch in their area and Mr. King advised that he I • l J • 1] 331 would investigate this request. Mr. Chiles stated that due to storm damage 77,000 tons of crushed stone had be hauled into Frederick County and that we went in excess of $60,000 in the hole on storm damage. He advised that the Highway Department had absorbed this from funds not used in other localities. SITE PLAN - CARTER LUMBER COMPANY - STONEWALL DISTRICT - APPROVED Mr. Berg reported that the DeHaven Nursery had advised that should Mr. Carter plant the trees as directed by the Board, they would not survive:. He advised that he had released the occupancy permit for this business after five foot tall trees: had been planted 10 feet apart with seedlings between them. 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 site plan of Carter Lumber Company in the Stonewall Magisterial District inasmuch as the trees which were removed:from the site have been replaced to the satisfaction of the Director of Planning and Development. The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Thomas B. Rosenberger did not vote on this matter. SUBDIVISIONS PLAT REVISION LOT 19A - TEETS- MILLER SUBDIVISION - STONEWALL DISTRICT 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 approve the plat revision to Lot 19A of the Teets - Miller Subdivision located in the Stonewall Magisterial District to enlarge said lot. 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 and Kenneth Y. Stiles - LOT 175 LAKE HOLIDAY ESTATES.- SECTI III - • 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 the plat revision to Lot 175 in Lake Holiday Estates, Section III located in the Gainesboro Magisterial District to amend the front lot line of said lot. 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. ADDITION OF W OODSTOCK LANE, SHAWNEE L Upon motion made by R. Thomas Malcolm and seconded by Kenneth.-Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of theCounty of Frederick, Virginia does herein request the Virginia Department of Highways and Trans- portation to accept into the Secondary Road System as a rural addition the following road in Shawnee Magisterial District, pursuant to the provisions of Section 33.1 -229 of th erode of Virginia, 1950 as amended: Woodstock Lane from end of State Maintenance eastward to intersection of Woodstock Lane and Hilltop Terrace a distance of .12 miles BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of forty (40) feet with necessary easements for cuts, fills and drainage recorded in Deed Book 349, Page 352 n� dated March 27, 1978 and Deed Book 496, Page 349 dated July 27, 1978. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. APPOINTMENTS: Appointment to Welfare - Board Carried Forward Upon request of Mr. Rosenberger, the Board agreed to carry the appointment to the Welfare Board forward to the next meeting. Appointments to the ASAP Advisory Committee 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 appoint the following individuals, to serve on the Frederick County ASAP Advisory Committee: Sheriff Carroll K. Mauck R. Thomas Malcolm Lynn Myers Charles Boyd Joseph Headley' The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Appointments to Library Coordinating Committee 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 appoint the following individuals to serve on the Frederick County, Library Coordinating Committee: Shirley Place Evelyh..Gdode Joy Costello Betsy Kimball Bessie Solenberger 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 Viewers Appointed 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 appoint the following individuals to serve as Road Viewers for 1978: Garland Cather - Back Creek District Elmer Lauck - Gainesboro District Arthur Bragg - Stonewall District Fred Gore - Opequon District Lewis Lamp - Shawnee 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. Ms. Sarah Shryock Reappointed to Shenandoah Area Agency on Aging Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein reappoint Ms. Sarah Shryock to serve as a representative from Frederick County on the Shenandoah Area Agency on Aging for a term of three M years; said term to commence on October 1, 1978 and terminate on September 30, 1981. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. • • is 333 Appointment to Manpower Planning Council Carried Forward Mr. Stiles stated that due to the fact that he had several questions regarding the problems of the CETA.program, he would request the Board to consider appointing a lay member to this position in order that an outside viewpoint might be presented regarding this program. 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 direct that the appointment to the Manpower Planning Council be carried forward to the next regular meeting of the Board. The above resolution was passed by the - 161lowing recorded vote: Aye - • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L: Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Mr. Stiles requested that the Board consider asking our members of the u General Assembly to investigate the way the Virginia Employment Commission is handling the CETA programs administered by it. He further stated that he was concerned that the National Association of Counties, of which Frederick County is a member, is spending money requesting the Federal government to extend and expand this program. COMMITTEE REPORTS Finance Committee Mr. Rosenberger and Dr. Fish presented the recommendations from the Finance Committee and the following. action was taken: Grant applications - Division of Court Services - Approved Mr. Stiles stated that he had several questions regarding the proposed grant • applications for the Division of Court Services. He stated that he would question the funds set forth for the purchase of lunch, the funds set forth for mileage and the need for another public information officer in the county. He also stated that he did not understand what the establishment of modalities for Level I and II meant as set forth in the proposed application. Mr. Rosenberger stated that the applications had been thoroughly reviewed with the Director of the Division of Court Services by the Finance Committee. Mr. Malcolm stated that he did not feel the Board should send matters to committee for recommendation and then proceed to take those recommendations apart piece by piece. Upon..motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the following grant applications for the Division of Court Services: 1. Winchester - Frederick Alcohol Safety Action Project Selective Enforcement 2. Winchester - Frederick Alcohol Safety Action Project Police Training 3. Winchester - Frederick Alcohol Safety Action Project Field Office (Luray, Va) The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm. Nay - Kenneth Y. Stiles and S. Roger Koontz. REQUEST FOR REIMBURSEMENT OF LOCAL FUNDS TO SOCIAL SERVICES DEPARTMENT - DENIED Mr. Malcolm stated that.the Welfare•.Board understood the position of the Finance Committee in recommending denial of reimbursement of local funds to the Social Services Department. He added that as a point of clarification; the Welfare Board would reserve the right to approach the Board at the end of the Fiscal year regarding these funds should there be budget problems. The Board 33.4 acknowledged this statement. 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 deny the request of the Social Services Department for reimbursement of local funds in the amount of $3,733.25 as set forth in the letter from the Director of Social Services ":dated ..July'!12,:;1978. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stales. STATE AND LOCAL HOSPITALIZATION RATES FOR FISCAL YEAR 1978 -79 - 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 approve the following.daily rates for State -Local Hospitalization during fiscal year 1978 -79: Shenandoah County Memorial Hospital, Inc. $ 87.11' University of Virginia Hospital 153.20 Medical College of Virginia 153.20 Winchester Memorial Hospital 104.00 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. ACCEPTANCE OF FUNDS - SUMMER YOUTH PROGRAM - 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 approve the receipt of funds in the amount of $634.83 from the Virginia Employment Commission, CETA Balance of State - Virginia Prime Sponsor,' for a summer Youth Recreation Program conducted in the Gainesboro Magisterial District, Frederick County, Virginia. The Above resolution was passed by the following recorded vote: Aye - 'S. Roger Koontz, Thomas.B. Rosenberger, Df. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. TITLE II - DATA PROCESSING DEP 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 appropriation of Title II Counter - Cyclical H Funds as follows: A. Data Processing - Disks B. Parks & Recreation 5 sets aluminum 5 row bleachers Vehicle fire extinguishers vehicle first aid kits C. Frederick County School Board - Radios D. Frederick County Sheriff's Department construction cost at jail vehicular electronic sirens vehicle fire extinguishers vehicle first aid kits flashlights Total $ 690.00 3;000.00 96.00 128.00 3,000.00 500.00 400.00 430.00 500.00 205.00 $-8 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. ESTABLISHMENT OF PETTY CASH FUND - COMMONWEALTH ATTORNEY'S OFFICE - APPROVED Upon motion made by Thomas B. Rosenberger, and seconded by Kenneth Y. Stiles, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia • J • • r L J that the Treasurer of Frederick County is hereby authorized to issue a check 335: in the amount of $500.00 to the Commonwealth Attorney of Frederick County; said amount to be used to establish a petty cash fund for use exclusively by the Commonwealth Attorney the purpose of procuring drugs and /or stolen property to be used as-evidence in criminal-cases; and records necessary for the proper accountability of said funds, including a report BE IT FURTHER RESOLVED, That the Commonwealth Attorney shall maintain quarterly to the Finance Director indicating the amount of funds on hand and a detailed listing of persons to whom funds outstanding were issued; and, BE IT FURTHER RESOLVED, That upon completion of a case involving the above • stated funds, any monies recovered are to be revolved back into said petty cash fund for further use and any funds unable to be recovered will be so noted on the quarterly report and and submitted to this Board for reimbursement to the original $500.00 amount. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. FOR CONSTRUCTION AT THE 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, l J Virginia, does herein approve the expenditure of $2,706.00 from counter - cyclical funds to change the tumblers and cylinders on thirty -three (33) prison type deadlocks in the.Frederick- Winchester Jail (three sets of keys to be furnished with each group of locks changed) with the condition that one half of this amount or $1,353 be reimbursed to the County by the City of Winchester. 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 made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, • BE IT RESOLVED, That the Board of Supervisors does herein approve the appropriation of $1,795.00 from reserve for contingencies to Roanoke Iron and Bridge Works, INC., in accordance•'with their letter dated June 16, 1978, to furnish and install one 1/8" double plate door and 3/16" bent plat "split- frame" for installation in an existing window opening, this price to include weather- stripping and does not include removal of the existing window,or preparation of the wall to receive the door and frame unit, said cost to be borne 508 by the County and 508 by the City. 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. SUPPLEMENTAL APPROPRIATION - FENCING OF AUTOMOBILE CONTAINMENT YARD - 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 approve a supplemental appropriation in the amount of $4,500 for the fencing of an automobile containment yard to house:-the vehicles confiscated by the Sheriff's Department and other law enforcement agencies in the County. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, R. Thomas Malcolm, Dr. Raymond L. Fish, Will L. Owings, and Kenneth Y. Stiles. Nay - Thomas B. Rosenberger. Ltm* Dr.'Fish suggested that the County establish a towing fee for these confiscated and abandoned vehicles. Mr. Koontz referred this request to the Finance Committee for consideration and recommendation to the Board. EXONERATION OF CERTAIN DELINQUENT LANDFILL ACOUNTS- 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 direct that the following past due accounts.be exonerated from the Frederick County Landfill billing ledger. 14050 Clark, W.H. 19380 Embrey, Abe 21600 Frederick Co. Paint Co. 42120 Mitchell, Bernard J. 44830 Orndorff, W. D. 59800 Smith's Transfer Corp. 80555 Burcham Cosntruction 80646 Bucher's Roofing Co. 80701 Dart Drug 80742 Triplett Drywall 80771 Wood, Donald 80773 Copp, William H. 80786 Ritter 80789 Rain Soft'of Shenandoah 80792 Best Fleet Contractors 80802 Huntsberry's Shoes 80805 Brown, Don 80807 Southern Landscaping 80821 Blue Ridge Builders :80822 Universal Drywall 80843 Piccadilly Kitchen 80850 Poston Logging & Excay. $45.35 45.47 1.54 1.45 2.37 2.96 16.92 15.31 1.60 1.45 3.63 'x.7:16 2.62 . 3.20 32.52 1.55 1.55 1.55 1.60 1.60 1.60 57.15 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 REVISION OF BUSINESS INVENTORY TAX REFERRED TO FINANCE COMMITTEE Mr. Stiles requested that the Board investigate the possibility of revising the business inventory tax with possibly a gross receipes••and'net'rece'ip'ts license tax. Mr. Koontz referred the request to the Finance Committee for study and recommendation to the Board. COMMITTEE ON LAW ENFORCEMENT AND COURTS REPORT Report 911 Emergency Telephone System Dr. Fish reported that the Law Enforcement and Courts Committee had met with representatives from Winchester and Clarke County and other public safety agencies to discuss the possible implementation of the 911 Emergency Telephone System within the Frederick County- Winchester - Clarke County area. He reported that the Committee had received a presentation by Mr. Robert Eagle and Mr. Leon Bibb of C & P Telephone Company who also answered questions that those present had with regard to the system. He stated that the cost for Winchester and Frederick County combined for the first three years would be approximately $500 per month with a decrease in the monthly cost thereafter. Dr. Fish stated that the representatives for the jurisdictions mutually agreed that a report would be given to the governing bodies with regard to the discussion to determine the interest that exists in order that the matter might be further pursued should the participating localities elect to move in that direction. The Board discussed briefly the concept and its possible benefits to the County. Mr. Koontz requested the County Administrator to notify the proper officials that Frederick County is interested in the 911 Emergency Telephone System. • L • • • r REGIONAL -JAIL BOARD - NO REPORT Mr. Owings stated that the Regional Jail Board had not met and consequently he had no report to present. MONTHLY STAFF REPORT - ACCEPTED After review', the Monthly Staff Report was accepted. ORDINANCES - FIRST AND SECOND READING The following ordinances were read on first and second,.lreading: 1. ZMAP.. #010 -78 OF RAYMOND E. BRILL, STAR TANNERY, VIRGINIA REQUESTING THAT 17.191 ACRES OF HIS PROPERTY OFF ROUTE 603 NEAR ROUTE 600 NOW ZONED AGRICULTURAL- LIMITED DISTRICT (A - 1) BE REZONED INDUSTRIAL_ GENERAL DISTRICT (M -2). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 69(A)7 AND IS IN THE BACK CREEK MAGISTERIAL DISTRICT. • 2. ZMAP #012 -78 OF CHARLES W. AND SHIRLEY OMPS, BLOOMERY STAR ROUTE BOX 118, WINCHESTER, VIRGINIA,. REQUESTING THAT 3.816 ACRES ON THE SOUTH SIDE OF ROUTE 522 WEST APPROXIMATELY TWO MILES FROM WIN - CHESTER,'NOW -''ZONED AGRICULTURAL - GENERAL DISTRICT (A -2) BE REZONED INDUSTRIAL- LIMITED (M -1). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 42(A)242 AND IS IN THE GAINESBORO MAGISTERIAL DISTRICT. ESTABLISHMENT OF THISTLE CONTROL PROGRAM REFERRED TO EXTENTION ADVISORY COMMITTEE FOR STUDY AND RECOM MENDATION . Mr. Stiles requested that a thistle control program for Frederick County LJ 1] be investigated inasmuch as this problem is becoming increasingly worse. Mr. Koontz referred this request to the Extension Advisory Committee for study and recommendation. FUNDS FOR CONSTRUCTION OF NEW HIGH SCHOOL DISCUSSED Mr. Stiles asked the Chairman what steps he had taken to resolve the problem regarding the School Board wherein they have embarked on a program of expending money which is not appropriated. He asked what steps exist for the Board id this matter and what the end result would be. _ Mr. Koontz advised that the School Board should address the problem at this time rather than wait until the $71/2 million dollars is spent and school is incomplete. Mr. Koontz stated that the School Board-is charged with having a completed • school for the funds appropriated. Mr. Stiles asked what would be done should the School Board come to the spent and the school is still not complete. Board of Supervisors and advise that the entire $71/2 million dollars has been Mr. Koontz advised that this situation would have to be considered by and acted upon by the Board of Supervisors. Mr. Malcolm stated that he did not feel the Board should make a decision • on something which has not yet happened. Mr. Rosenberger stated that before ground was broken for the new school, he had moved to approve an additional $200,000 for the project because of in- flation and this was denied. FAIRFAX PLANNING :HENSIVE PLAN TO Mr. Koontz stated that a report on the proposed Lor•.d +'Fairfax Planning L� District Commission Comprehensive Plan would be presented at the next meeting of the Board. Dr. Fish stated that it was his understanding that so long as a majority of the localities within the Planning District approve the plan, it is not necessary for it to be unanimously approved to become effective. BOARD RETIRES INTO EXECUTIVE SESSION 337 Upon motion made by Thomas B. Rosenberger, seconded by Dr. Raymond L. Fish and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344 of the Code of Virginia, 1950, as amended, Subsection (1) to discuss personnel and subsection (6) to discuss legal matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y1 Stiles and seconded by Dr. Raymond L. Fish and passed unanimously, the Board reconvened into Regular Session. SUPPLEMENTAL APPROPRIATION - SALARY INCREASES _ APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following supplemental appropriations for salaries are hereby approved, said pay increases to be retroactive to July 1, 1978: 10- 10B -110F Compensation of Clerk Typist II New Title Clerk Typist III $693.00 02- 02A -110B Compensation of Deputy /Assessor $819.00 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and Kenneth Y. Stiles. Nay - R. Thomas Malcolm. UPON MOTION MADE, SECONDED, AND PASSED UNANIMOUSLY, THE BOARD ADJOURNED TO 7:30 P.M. ON AUGUST 29, 1978, TO MEET WITH THE FREDERICK COUNTY PLANNING Pe r I ors cretary, Board of Supervis ors • • 0 0 CI r