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HomeMy WebLinkAboutAugust 29, 1978 to November 29, 1978339., An Adjourned Meeting of the Frederick County Board of-Supervisors-was held on August 29, 1978, in the Board of Supervisors Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. All members of the Frederick County Planning Commis§ion•.were present for the meeting. Chairman Koontz called the meeting to order, and stated that the purpose of • the meeting was to discuss the proposed.new zoning maps and-the direction the Planning Commission will take in this endeavor. Mr. Koontz asked Mr. Lang. Gordon, Chairman of the Planning Commission, to up date the Board on this project. Mr. Gordon briefly outlined.the work sessions of the Planning Commission wherein they looked at the existing zoning maps and the adopted comprehensive plan. He advised that the map work to date is only tentative and several meetings would have to be held before final action is taken and a presentation is made to the Board of Supervisors. Mr. Stiles asked the Planning Commission to outline the purpose and scope E of the Planning Commission work on downzoning. Mr. Gordon stated that residential as-well as other zoning, needed to be examined. He added that in most zoning categories.,. -there are excessive amounts of land and some property is being taxed as it is used rather than as it is zoned. Mr. Brumback noted the need to attempt to bring the comprehensive plan and zoning maps together so that the County can plan for schools, water and sewer and other public facilities. He stated that work on the maps was progressing but that I more::work was needed. Mr. Owings noted that rezonings and downzonings should be completed prior to the reassessment. Mr. Malcolm asked what direction the project would take now and Mr. Gordon • • replied that the Planning Commission would complete their work and then present their recommendations to the Board for review and - comment and changes prior to the public hearing. Mr. Berg noted that the new maps 'are the product of the Planning Commission and not the staff. He also noted that any changes would be made by the Planning Commission and if the staff receives a letter or request, this would go to the Planning Commission for consideration. Mr. Berg advised that he had had several contacts, but none have been referred to the Planning Commission for action as of this date. Mr. Gordon noted that on any paid zonings, the property owner would be notified as far back as 1967 if their land is proposed to be changed. ..._�. Several Board Members and Planning-'Commission members noted that they felt any property owner, whose property is proposed to be rezoned, should be notified. Mr. Stiles noted that some property owners have land zoned for other than L� agriculture and are benefitting from Land Use Assessment and this should not be permitted. Mr. Malcolm stated that the zoning realignment and the proper taxation should be implemented together. Mr. Berg stated that - downzoning may not drastically affect the tax base inasmuch as some land zoned higher than A -1 & A -2 is being taxed at the agricultural rate. Mr. Brumback noted that much of the zoning in the past was done in anticipation 340 of services being provided. Mr. Stiles noted court cases-in Fairfax County wherein land which had been zoned or planned for development may require the County to provide services to that property.at some time in the future. The Board and the Planning Commission unanimously agreed to notify all , property owners if their zoning is proposed to be changed. Mr. Brumback stated that controversy over which land should be zoned a certain category should be addressed in terms of the comprehensive plan. Dr. Fish stated that he understood the priorities which needed to be addressed were bringing the zoning into line with taxation and the elimination of large residential tracts of land which have not yet been developed. Mr. Brumback:moved to request specific guidelines in writing from the • Board regarding future work plans, a directive that the Planning Commission continue work on the maps,. a definite date be set for completing work on the maps and a specific date be set for presentation of the completed maps to the Board of Supervisors at a joint meeting with the Planning Commission. Mr. Venskoske seconded this motion and the Planning Commission unanimously approved same. , 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 establish the following procedure to-be followed regarding work on the new zoning maps for Frederick County: 1. Planning Commission will finish preliminary maps 2. Planning Commission will meet with the Board in one or a series of meetings to review maps 3. Board and Planning Commission will make proposed changes jointly agreed upon at the! end of these meetings 4. Planning Commission will have public meetings in each of the magisterial districts. Planning Commission will send notices to property owners affected by changes in zoning prior to these meetings. 5. Planning Commission will again meet with the Board for input and to determine what final changes are necessary 6. The ordinance will be prepared.for joint public hearing 7. Official hearings will be held • 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 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 direct that a stenographer be present at all meetings of the Board of SUPERVISORS AND Planning Commission regarding proposed changes to the zoning maps and for all public meetings of the Planning Commission in order that detailed minutes of the proceedings might be recorded. • 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. Following a brief discussion, the Board and Planning Commission agreed that the date of May 1, 1979 be set as-a target date for all work, up to the point of advertising the.ordinance.for public hearing, be completed. They further agreed that if either body finds that target dates cannot be met, they , will notify the other body in wiiting of same. Mr. Koontz reiterated that the Board of Supervisors has not made any zoning changes and will not make any changes until such time as the above seven steps are accomplished. 3.41 The Planning Commission set the date of Tuesday, September 12, 1978 at 7:00 P.M. to complete work on the maps. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm and passed unanimously, the Board retired into executive session in accordance with 2.1 -344 of the Code of Virginia, 1950 as amended, Subsection (6) to discuss a legal matter.& Subsection (1) to discuss personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish, and passed unanimously, the Board withdraw from Executive Session.: BOARD RECONVENES INTO REGULAR SESSION • Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish, and passed unanimously, the Board reconvened into Regular Session. Mr. Rosenberger presented the following statement: Because of recent inquiries and complaints regarding the operation of motorcycles and motorbikes at the Candy Hill Campground on Route 50 West, the Board is reviewing the Conditional Use Permit previously granted. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT • THE BOARD OF SUPERVISORS DO NOW ADJOURN. 09 A Regular Meeting of the Frederick County Board of Supervisors was held on September 13, 1978 in thia-Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; • Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman Called the meeting to order. INVOCATION The Reverend B. Epps o.f the'Brucetown United Methodist Church delivered the invocation. APPROVAL OF MINUTES The Board approved the following corrections to the minutes of August 23, n U 1978 and August 29, 1978: August 23, 1978 - On Page 12, Woodstock Lane should be shown in Shawnee District and not Stonewall District On Page- .l3,the name "Bessie Kimball" should read "Betsy Kimball" August 29, 1978 - On Page 4 the motion to retire into Executive Session should state legal and personnel matters. 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 minutes of the meetings of this Board held on August 23, 1978 and August 29, 1978, as amended above. The above resolution was passed by the fallowing recorded vote: Aye - S. Roger Koontz, Thomas.B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. 342 MR. JAY MORTON PRESENTS GIFT TO BOARD OF SUPERVISORS Mr. Jay Morton, Sculptor, presented to the Board of Supervisors a piece of sculpture which he had created entitled "Winchester, 1978" which he stated was currently worth $10,000. He stated that he felt this would be an appropriate gift inasmuch as the County had inspired its creation. Mr. Morton suggested that -the work be blown up and used as the theme for the Apple Blossom Festival. Mr. Malcolm stated that he had.seen the sculpture and felt it was a very handsome piece of work. He added that he was honored to have Mr. Morton present it to the Board. Mr. Koontz stated that on behalf of the Board and the people of Frederick County he would accept the work. He thanked Mr. Morton for the sculpture as well as the.time and effort he had contributed to the community. REQUEST FROM FREDERICK COUNTY FIREMENS ASSOCIATION REFERRED TO STUDY COMMITTEE A letter from the Frederick County Firemens Association was read requesting that the Board again investigate the cost and procedures involved with placing the dispatching services for Frederick County fire companies in a joint central location with the Winchester Fire Companies at the Public Safety Building, Fire Headquarters at 126 North Cameron Street, Winchester, Virginia. Mr. Koontz referred this request to Mr. Owings, Dr. Fish and Mr. Stiles for study and recommendation to the Board at the earliest possible time. PRIORITIES SET FOR FISCAL YEAR 1978 -1979 OF SIX YEAR PLAN Mr. Chiles, Resident Engineer for the Highway Department, appeared before the Board and stated that the fist year's priorities followed• very closely the first year of the six year plan. 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, Virginia, does herein approve the Priorities and Budget'- Fiscal Year 1978 -1979 of the Virginia Department of Highways and Transportation Six Year Plan for Frederick County with the exception of the Route 681 Project contained therein. 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 TRAFFIC SIGNAL AT INTERSECTION OF ROUTE 11 AND ROUTE 661 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 request the Virginia Department of Highways and Transportation to -':conduct a study to determine the need for a traffic signal at the intersection of Route 11 and Route 661. 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. The Board discussed the possibility of reducing the speed limit and pro- viding an alternative cross over in the area between McDonalds and Howard Johnson's Restaurant to alleviate..the potential hazard.which may result when the new McDonalds Restaurant is opened in this area and Mr. Chiles advised that speed limits are determined through traffic and safety studies. He further advised that there is a spacing requirement for cross overs. He stated that he would present these requests to- Highway Department for consideration but did not feel they would be approved. • E • e e 343 Mr. Chiles advised that Woodstock Lane had been accepted and due to the late season, it would be maintained as is with construction to begin next summer. SUBDIVISIONS FOX LOTS - BACK CREEK DISTRICT - APPROVED ' Mr. Berg presented the subdivision.request of Ronald Fox, et ux and stated that the Planning Commission recommended approval of said request. He advised that the staff recommended denial of the request inasmuch as the lots did not meet the guidelines of the comprehensive plan and that prior requests of this nature, where there was not a long term existing dwelling, had been denied by the Board. Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles. • II BE IT RESOLVED, That the Board of Supervisors of the County of Frederick;. Virginia, does -herein approve the subdivision request of Ronald and Jenifer Fox for two lots located at the intersection of Route 608 and Route 790 in the Back Mr. Stiles stated that he felt the latitude given the subdivision administrator would allow said administrator to make decisions solely on his discretion and would give him a great deal of power. Dr. Fish stated that he had the same impression and felt this should be spelled out more clearly. Mr. Renalds explained that the Board of Supervisors would make the ultimate decision regarding plats and they could either accept or reject the administrators' recommendation. Mr. Sam Lehman, President of the Frederick County Taxpayers Association, appeared before the Board and presented a statement on behalf of the Association Creek Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, and Kenneth Y. Stiles. Nay - Will L. Owings and R. Thomas Malcolm. ' FUNKHOUSER LOTS - SHAWNEE DISTRICT - APPROVED Mr. Berg presented the subdivision request of Mr. Donald.E. Stonesifer • (Funkhouser Lots) and stated that several lots would be combined to accomodate the two existing dwellings on the property. 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 subdivision request of Donald E. Stonesifer, et ux to combine several lots fronting Route 522 South in the Shawnee Magisterial District to accomodate the long term existing dwellings on said lots. . 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. PUBLIC HEARINGS ' AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER:-18 SUBDIVISION OF LAND ADOPTED OCTOBER 13, 1976 - TABLED Mr. Berg presented the ordinance to amend Chapter 18 of the Frederick County Code and read a letter from the Town of Stephens City setting forth their comments and suggestions on the proposed ordinance. Mr. Berg suggested that the following definition of flood plain district be set forth in the ordinance: Flood Plain District - the flooding district • designated in the Frederick County Zoning Ordinance as being capable of carrying the waters of the 100 year flood. Mr. Stiles stated that he felt the latitude given the subdivision administrator would allow said administrator to make decisions solely on his discretion and would give him a great deal of power. Dr. Fish stated that he had the same impression and felt this should be spelled out more clearly. Mr. Renalds explained that the Board of Supervisors would make the ultimate decision regarding plats and they could either accept or reject the administrators' recommendation. Mr. Sam Lehman, President of the Frederick County Taxpayers Association, appeared before the Board and presented a statement on behalf of the Association 344 stating that doubling the minimum rural lot size will improverish or dispossess many rural residents inasmuch as they will have to sell their land in order to pay higher taxes caused by urban development in the County. He stated that they felt the only remedy to the zoning problem in Frederick County is to make urban development areas incorporate or be annexed. Mr. William Reuter appeared before th EBoard and stated that he felt the 3 to-1 ratio requirement was not good planning inasmuch as it created lots with a frontage of 150 feet and a depth of 1,450 feet, as an example. Mr. Berg stated that this is one of the matters under consideration in.this amendment. Mr. David Whitacre appeared before the Board and stated that he felt the Board should return to a 3 acre minimum if they - desire to stop the rapid gobbling of land in the County; that the 5 acre minimum had not slowed growth in the County; and that frontage should be controlled but he did not think the 3 to 1 ratio was rational and 200 foot frontage would be more acceptable. He stated that 90% of the people in the County would not be able to purchase land for a home should the minimum be increased to 10 acres. Mr. Rosenberger asked Mr. Lehman exactly what he was recommending and Mr. Lehman stated that he felt that in .Limiting size, it should be throughout a rural jurisdiction. Mr. Malcolm asked Mr. Lehman if he was reiterating his position that the County of Frederick should continue to retreat into the County and abandon any property which would in any way be desirable for urban growth, needs or development, and keep.turning it over to another political jurisdiction to provide the services; that we should continue to retreat into the far reaches of the County in order to maintain the "rural character" of the. Mr. Lehman replied that he felt the reason the city of Winchester -and other towns were incorporated was so that those people would pay their fair tax cost for their more costly urban services. Mr. Malcolm then asked Mr. Lehman if he-wanted to give the urban sections of the County away to another jurisdiction and Mr. Lehman replied that throughout America, historically, annexation and incorporation have been used for that purpose. He added that when you fail to recognize there is a distinction - between urban and rural areas, you get into trouble. Mr. Malcolm stated that to follow that logically',. there would be a Frederick County "A" and a Frederick County "B" - Frederick County "A" would address the rural character and.ignore any other fact and perhaps there would be a semi rural area. Mr. Lehman stated that you would.have Frederick County and the City of Winchester and the City of Winchester would continually grow and expand to take up those areas which become urban. Mr. Stiles asked if he would have urban areas in Frederick County like the towns of Stephens City and Middletown, such as the town of Green Acres. Mr. Malcolm stated that as he understood Mr. Lehman, it was his opinion that any place that growth gets near the urban character, this falls back into - the category of maintaining Frederick County.in a strict rural context, at any cost, then.we let those areas incorporate and provide their own services. I • • • is i 345 He asked if he proposed that we keep chopping the County.into piece after piece and one political jurisdiction after another and Mr. Lehman replied that that is why we have Winchester now in the center of Frederick County. Mr. Malcolm asked Mr. Lehman if he was saying that whenever we develop in Frederick County around the City of Winchester, we should periodically give that land, or encourage the people whollive there to give the land to another jurisdiction, which in this case is Winchester and keep retreating and Mr. Lehman replied that they would become part of an urban jurisdiction. Mr. Malcolm I asked if he felt this should be done to maintain a strict rural character in the County and Mr. Lehman replied that it should be done to keep from taxing out our poor, rural residents who are in.the majority:. Mr. Malcolm asked Mr. Lehman how many people he represented when he spoke on behalf of the taxpayers.and Mr. Lehman replied that he knew he represented one; that he had written three drafts of the statement he had presented and it had been considered before three taxpayers meetings. He stated that there are 90 members of the Frederick County Taxpayers Association and possibly 30 or 40 members had input.into the statement. Mr. Malcolm stated that in fact there are perhaps 50 or 60 people who may have conceivably agreed with the position out of a population of approximately • 27,000. He stated that he felt it should be understood that the Frederick County Taxpayers Association is not a true representation of the majority of the taxpayers of Frederick County and that there are many, many taxpayers in Frederick County who do not.belong to the Frederick County Taxpayers Association. Mr. Paul Rhinehart, Jr. asked the Board if they had told the people when they ran for office that they would divider: up their land. He stated that he felt the only jurisdiction the Board should have over the people would be from a health of safety standpoint. Mr. Koontz stated that he would hope that the restrictions passed by the Board in any case would be for the protection of the people. • Dr. Fish stated that he felt that the ordinance was.too: to pass in blanket form and each section of the ordinance should.be considered individually. ' Mr. Owings stated that he was not-in a position to vote on the ordinance at this time inasmuch as there are several areas he does not understand. Flood insurance was discussed and Mr. Berg advised that the County must have a flood plain ordinance in order for homeowners to purchase flood insurance. Mr. Rosenberger stated that he did not feel he could vote on this matter tonight. Dr. Fish suggested that the ordinance be retyped with the proposed changes • set forth in italics so that the Board might better understand what changes are being proposed. Mr. Berg stated that this could be done. Mr. Malcolm stated that he felt the Board members should have presented their input on this ordinance at the time it was being drafted, rather than going over and over the ordinance time and time again. 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 table the Ordinance to Amend the Frederick County Code, Chapter 18, Subdivision of Land adopted October 13, 1976 until the next meeting of the Board and does direct the Director of Planning-and Development to have the ordinance retyped with proposed changes thereto set forth for purposes of identification and study. 3 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_'.' #010 =78 RAYMOND E.'BRILL - BACK CREEK DISTRICT - WITHDRAWN withdrawn at the requb';t::of the applicant. Mr. Berg stated that the ZMAP #010 -78 of'Raymond E. Brill Had been ZMAP #012 -78 - CHARLES W. OMPS, ET UX - GAINESBORO DISTRICT - APPROVED Mr. Berg presented ZMAP 4 012 -78 of Charles W. Omps, et ux and stated that the Planning Commission :recommended .approval of this request. There was no opposition. 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 following rezoning request on third and final reading: 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 WINCHESTER NOW ZONED AGRICULTURAL - GENERAL DISTRICT (A -2) BE REZONED INDUSTRIAL LIMITED (M -1). THIS PROPERTY 'CS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 42(A)242 AND IS IN THE GAINESBORO MAGISTERIAL DISTRICT. S. Roger Koontlz,: Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, The above resolution was passed by the following recorded vote': Aye - R. Thomas Malcolm and Kenneth Y. Stiles. CONDITIONAL USE PERMITS: CUP #010 -78 - CHARLES LIZER - GAINESBORO DISTRICT - APPROVED Mr. Berg presented the conditional use permit request of Charles Lizer stating that the Planning Commission recommends approval of a one year permit with the stipulation that the previous permit for a bar -b -que restaurant on the premises be cancelled. There was no opposition. 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 approve CUP #010 -78 of Charles W. Lizer to operate a fruit stand on his property located on the north side of Route 50 West one mile west of Route 37 in the Gainesboro Magisterial District, said permit to " be for a period of one year and shall cancel the previous permit for a bar -b -que restaurant 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. CUP #012 -78 - RONALD SMITH, ET UX - GAINESBORO DISTRICT - APPROVED Mr. Ronald Smith appeared before the Board in support of his request for conditional use permit for a dog kennel and stated that at the present time he has six dog runs and plans to construct approximately nine additional runs. He described the proposed expansion of the kennel building and spetic system. He advised that this would be a family business. The noise factor of such an operation was discussed and Mr. Smith stated that the dogs would be brought inside at night. Mr. Smith advised that his neighbors do not object to the proposed business. Mr. Koontz advised Mr. Smith that should the Board approve the permit on a yearly basis, and subsequently receives complaints regarding the operation II of the business, they are not obligated to renew the permit and Mr. Smith f • J • • 347 stated that he understood this condition. 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 approve CUP #012 -78 of Ronald W. and Denise M. Smith to operate a semi - private 15 run kennel and gromming parlor for purposes of obedience and stock training for canines, said kennel building to be expanded to include grooming rooms and a small .office with run area, to be hooked up-to the existing septic system, on his property located off Route 671 in Gainesboro Magisterial District with the condition that the permit shall be for a period of one year and shall not be transferrable. The above resolution was passed by the following recorded vote: Aye - • R. Thomas Malcolm, and Kenneth Y. Stiles. S. Roger Koontz, Thomas B: Rosenberger, Dr. Raymond L. Fish, Will L. Owings, CUP #013 -78 - BLAINE WILSON - SHAWNEE DISTRICT - APPROVED Mr. Berg presented the request of Blaine Wilson for a conditional use permit. E for an off premise sign and stated that the Planning Commission recommended approval for a one year permit with the understanding that other signs on the property would be removed. Upon motion made by R. Thomas Malcolm and seconded Oy Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick Virginia, does herein approve CUP #013 -78 of Blaine Wilson to erect a two sided directional sign, one side for Wilson's Pet Farm, the sign to be 8' x 16' or 128 square feet on the property located at the intersection of U. S. Route 50 and State Route 728 (Airport Road) in Shawnee District with the condition that this shall be a.one year permit and.that other signs on the property be removed. 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. The Board recessed for ten minutes. is 1 GRANT APPLICATION - REGIONAL JAIL PROJECT - APPROVED Mr. David Roadley, Director of the Joint Confinement and Corrections.; Operations Project, and Mr. Jim Allamong, Classification Supervisor, appeared before the Board in support of their request for approval for grant funds for the regional fail project and explained briefly the program and its benefit to the County. 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 grant application of the Regional Jail Project in the amount of $6,728 to finance the program, "Reduction of Jail Overcrowding and Pretrial Detainee Custody Time ". 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. BOARD RETIRES INTO EXECUTIVE SESSION 7 L Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm 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 matters and.Subsection (6) to discuss a legal matter. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and M • and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Will L. Oiings, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. APPOINTMENTS: C. DONALD BAUGHMAN REAPPOINTED TO WELFARE BOARD 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 reappoint Mr. Donald Baughman to the Frederick County Board of Public Welfare for a term of four (4) years., said.term to commence on July 1, 1978 and terminate on June 30, 1982. The above resolution was 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. MANPOWER PLANNING COUNCIL APPOINTMENT CARRIED FORWARD The appointment to the Manpower Planning Council was carried forward to the next meeting. COMMITTEE REPORTS 0 COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT RECOMMENDATIONS Mr. Malcolm presented the recommendations from:the Committee on Engineering and Code Enforcement and the following action was taken: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE OF 1976, CHAPTER 6, ARTICLE I, SECTION 6 -3 FEES, ADOPTED JULY 12, 1978, REGARDING BUILDING PERMIT FEES COMMITTEE ON LAW ENFORCEMENT AND COURTS RECOMMENDATIONS Dr. Fish presented the recommendations from the Committee on Law Enforcement & Courts and the following action was taken: • i \J • 1. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE OF 1976, CHAPTER 13, ARTICLE II, ADOPTED JULY 12, 1978, 'ENACTING DIVISION 3 PARKING REGULATIONS REGARDING FIRE LANES AND FIRE HYDRANTS ' 2. AN ORDINANCE TO AMEND THE FREDERICK COUNTY'CODE OF 1976, CHAPTER 10, ADOPTED JULY 12, 1978, ENACTING SECTION 10 -2 DESIGNATION OF FIRE LANES FINANCE COMMITTEE RECOMMENDATI Mr. Rosenberger presented the recommendations of theFinance Committee and the following action was taken: BOARD TAPES TO BE RETAINED FOR THREE YEARS - 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 cassette tapes of the Board meetings be retained for a minimum of three years and that tapes of greater than three year be reused. 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. THAT a Upon motion made by Thomas B. Rosenberger and seconded.by. Kenneth Y. Stiles, • LJ BE IT RESOLVED, That the Board of Supervisors of the County of Frederick I Virginia does herein approve the deletion of the requirement for a re- validation fee for land use assessment provided the application is the same as the previous year. 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. EXPENDITURE OF COUNTER CYCLICAL FUNDS - 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, C] Virginia does herein approve the appropriation of counter cyclical funds Title II as follows: Typewriter - Public Works $ 774.00 Typewriter - Clerk of Circuit Court 610.00 Dog Pound Cleaning Machine 995.00 Weapon for Commonwealth's Attorney Investigator 210.00 Display Racks - Extension Service 150.00 Portable Public Address System - Extension Service 225.00 TOTAL: $2,964.50 is 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. MINIMUM AMOUNT REQUIRING A.PURCHASE ORDER AND /OR QUOTATIONS - INCREASED 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 increase from $15.00 to $25.00 as the minimum amount requiring a purchase order and the increase from $200.00 to $300.00 as the minimum amount requiring quotations. The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymorbd L. "F.ish, Will L': Owings, R. Thomas Malcolm and.Kenneth Y. Stiles. APPLICATION FOR CETA FUND PAST CURRENT CONTRACT - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, r . BE IT RESOLVED, That the Board of Supervisors of the County of.Frederick, Virginia, does herein approve the application for CETA funds for extension past the September 30, 1978 termination date of the current contract. , 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 R. Thomas Malcolm. Nay - Kenneth Y. Stiles. Mr. Stiles questioned the need for two additional clerk typists under • the CETA program. He then moved to amend the above motion to strike the two clerk typist positions from the list of participants pending more information regarding said positions. This motion died for lack of a second. ZATION OF u] 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, I Virginia, does herein authorize the Frederick County Sanitation Authority to proceed with the renovation of the Clearbrook water system, said costs to be borne by Fredeiick County upon submission to the County by the Authority of the necessary invoices and other required documentation from already budgeted funds in line item 10- 01OH -902B. 349 350 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. ORDINANCE - FIRST AND SECOND READING ZMAP #013 -78 OF L. J. WRIGHT & SON, INC., P. O. BOX 2980, WINCHESTER, , VIRGINIA AND THE B & O RAILROAD COMPANY, 2 NORTH CHARLES STREET, BALTIMORE, MARYLAND, REQUESTING THAT 1.329 ACRES ON THE WEST SIDE OF U. S. ROUTE 11 NORTH AT INTERSECTION WITH STINES LAND NOW ZONED RESIDENTIAL- LIMITED DISTRICT (R -1) BE REZONED INDUSTRIAL- GENERAL DISTRICT (M -2). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 54(A)18 AND IS IN STONEWALL MAGISTERIAL DISTRICT. MONTHLY STAFF REPORT - ACCEPTED After review, the monthly staff report was accepted. CONSIDERATION OF APPOINTMENTS TO CRIMINAL JUSTICE ADVISORY • COMMITTEE -FOR LORD FAIRFAX PLANNING DISTRICT COMMISSION - CARRIED FORWARD The Board agreed to carry forward consideration of appointments to the Criminal Justice Advisory Committee for the Lord Fairfax Planning District Commission. REQUEST THAT DELEGATE SMITH BE ASKED TO HELP SECURE SITE FOR TRASH COMPACTION-UNIT AT MIDDLETOWN - APPROVED Mr. Owings requested that Delegate Alson H. Smith, Jr. be asked to help ' secure a site in the Middletown area for a compaction unit. Mr. Owings stated that he felt Mr. Smith might be able to work effectively with the Virginia • Department of Highways and Transportation to obtain permission to use the site of the scales in Middletown inasmuch as they are used so infrequently by the Highway Department. Mr. Koontz directed the County Administrator to write to Mr. Smith regarding this request. —UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN UNTIL SEPTEMBER 14, 1978 • AT 7:30 P.M. FOR A JOINT MEETING WITH THE LORD FAIRFAX PLANNING DISTRICT COMMISSION. Cha 9per• is S,#cretary, Board of Supervisorsil Ail7adSourned Meeting of the Frederick County Board of Supervisors was held on September 1:4, 1978, in the Board of Supervisors; Meeting Room, 9 Court Square Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; II • Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman Called the Meeting to order. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Dr. Raymond L. Fish, seconded by Kenneth Y. Stiles 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) for personnel:. interviews and'to discuss an internal personnel problem. ' BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish, and passed unanimously.the Board withdrew from Executive Session. 3.51 BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Thomas B. Rosenberger, seconded by Kenneth Y. Stiles, and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED, AND PASSED-UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. cretary.,::BOard_.of Supervisors. ir is A Regular Meeting of the Frederick County Board of Supervisors was held on September 27, 1978 at 7:00 P.M. in the Board of: Supervisors_ Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger -i Vice - Chairman; Dr. Raymond L. Fish; Will L. Owings;•R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman called the meeting to order. The invocation was delivered by Reverend Malcolm Lerch, Stephens City • Lutheran Parrish. APPROVAL OF MINUTES The following corrections to the minutes of September 13, 1978 were approved: (1) Page 2 the word sculpterer should read "sculptor "' (2) Page 3, the location of a proposed cross over should read "between McDOnalds and Howard Johnson's" and not "in the area of Crown Cork and Seal "; (3) Page 4 the name "Stiles" should read "Chiles" in the first line of the second paragraph. 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, is Virginia, does herein approve the minutes of the Regular Meeting of this Board held on September 13, 1978 as corrected above and the Adjourned Meeting held on September 14, 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. ' APPOINTMENTS Planni - David G. E 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 Dr. Harold McMullen to serve as Frederick County's representative on the Northern Valley Manpower Planning Council for a term of two years, said term to commence on October 1, 1978 and terminate on September 30, 1980; and, BE IT FURTHER RESOLVED, That the Board does appoint Deputy County Administrator David G. Dickson, to serve as the alternate on said Council. 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. 352 SHENANDOAH AREA AGENCY ON AGING - APPOINTMENT CARRIED FORWARD The appointment to the Shenandoah Area Agency on Aging was carried forward. Mr. Malcolm stated that he felt the new appointee should be made aware that service on this Agency would require a great deal of time. CARROLL K. MAUCK AND LAWRENCE R. AMBROGI REAPPOINTED TO THE CRIMINAL JUSTICE ADVISORY COMMITTEE 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 reappoint Carroll.K. Mauck and Lawrence R. Ambrogi to serve as Frederick County's representatives on the Lord Fairfax Planning District Commission Criminal Justice Advisory Committee. 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. ANNOUNCEMENT - STANLEY W. PANGLE, NEW DIRECTOR OF PUBLIC WORKS Mr. Renalds announced that Mr. Stanley W. Pangle had been hired as the new Director of Public Works, and would begin work on October 2, 1978. The Board concurred in this action. AMENDMENT TO SOIL SURVEY AGREEMENT - TABLED Mr. Renalds reported that the Soil Conservation Service had advised that they would be unable to complete the soil survey in the time frame set forth in the original agreement and therefore would request an amendment to said agreement providing for an extension of bne year. The Board discussed the impact of this delay upon the upcoming reassessment. 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 proposed amendment to the Soil Survey Agreement with the Soil Conservation Service, and does direct that the County Administrator request clarafication of the reasons for said amendment, stressing the fact that it is important that the survey be completed in' the agreed upon time frame because of its effect upon the upcoming reassessment. The above resolution was by the following recorded vote: Aye - S. Roger Koontz, B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth.Y.'Stiles. REPORT - CHAPTER 10 BOARD Mrs. Catherine Monte and Mr. Robert Sowers, Frederick County's represen- tatives on the Chapter 10 Board, presented a report on the activities of the Board and advised that the programs sponsored by said Board are progressing very well. The possibility of incorporating the ASAP Program under the Chapter 10 Board was discussed and Mr. Stiles requested the Chapter 10 Board to•meet with the ASAP Advisory Committee to explore this possibility;' State and local funding for the Chapter 10 Board was discussed and Mr. David Schwemer, Executive Director, advised that they are never totally pleased with the State' participation but are satisfied. He stated that they would not request an increase in funding over the inflation factor. Mr. Koontz thanked the representatives for their presentation. REPORT ON CENTRAL DISPATCH PROPOSAL Dr. Fish reported that the recently formed Dispatching and Communications Committee had not yet met, but that the County had received information from the City regarding a joint ds7atching service and that the cost for the first year's •< • • • service would be $17,250. Mr. Owings asked if the Middletown,Rescue Squad would be included in the central dispatching services and Mr. Renalds stated that he would check this out but felt sure that they would be included. Mr. Rosenberger asked if other methods would be investigated as well as central dispatch and Mr. Koontz stated that they would. Mr. Koontz requested'that the newly appointed Committee meet, elect a chairman and proceed to study all alternatives for fire dispatch in order that a recommendation might be made to the Board. =(104Lh.F4k) 1UDl.4 - FLOOD PLAIN SECTION 1:41% • The Board discussed the proposed amendments to the Division of Land Ordinance and the following action was taken. Upon motion made by Dr. Raymond L. Fish, seconded by Kenneth Y. Stiles, and L • passed unanimously, under Definitions, under the section Subdivide . subsection (a), (c), and (d), the word "may" in the first line of each section was changed to "shall ". Mr. George Whitacre stated that he objected to one -half the County being zoned A -1 and the other half A -2. Mr. Berg stated that this had been done in 1973 and was primarily because of the slope in the A -1 area. Mr. Gordon stated that the Planning Commission had discussed this matter and planned to study it further. Mr. Koontz requested the Planning Commission to study this matter and present a recommendation to the Board regarding same. Mr. Rosenberger then moved that the definition "Subdivision, Large Lot" be changed to read "to divide- any tract, parcel or lot of land into lots or parcels of three (3) acres or more, but not less than ten (10) acres" thereby changing the minimum lot size from 5 to 3 acres. Mr. Stiles seconded this motion. Mr. Lang Gordon, Chairman of the Planning Commission, stated that the com- u r prehensive plan is not predicated along these lines but he would prefer not to comment on the effects of this change until he had studied it and Mr. James Golladay agreed with Mr. Gordon, stating that before he could comment he would have to study this proposal. Mr. Stiles that the purpose of the five acre requirement was to control growth, but this has not worked. Mr. Garland Cather stated that he was in favor of the three acre lbt size as well as the three to one ratio set forth in the ordinance. Mr. Koontz stated that the three acre lot size would encourage growth and • the citizens will have to pay for'the services this will entail. Dr. Fish stated that he was in favor of the five acre lot size as he felt the smaller size would encourage growth particularly if the surrounding localities have a five acre minimum. n Mr. Owings stated that he was in favor of the three acre size inasmuch as he felt more people would be able to afford to purchase lots. Mr. Koontz stated that we already have people living here who do not work here and small lots will increase the population. He advised that when the population increases, services must be provided and taxes will increase. Mr. Stiles stated that the thing people like most about the County'is its rural nature and many people would not be able to purchase a lot if the five acre Iminimu m is required and therefore would have to live in a trailer park, apartment.etc! '353. Mr.'Rosenberger stated that the people in his end of theCounty do not receive . the services of the Sanitation Authority that their tax money helped to provide, yet they.-!are told that they must sell five acre and cannot sell three acres. Mr. Malcolm stated that the Board had repeatedly refused to come to grips with decisions controlling growth in the County. He stated that there was enough property currently rezoned in the County to double or triple the populations within the next 25 years. Mr. Malcolm stated that he felt to base a decision on the assumption that there will be no place to live was not valid. He added that there is reference that the large landowner needs protection, which may lead us to believe they are paying the major portion of the bill when in fact they are footing only 108 of the tax bill. He stated that he too felt that the three acre minimum would increase the population. Mr. Sam Lehman stated that the five acre minimum would prevent the poor landowner from selling lots but would not deter the developer. The Board discussed briefly whether or nbt it is beneficial for a citizen to have legal representation on a rezoning application and both Mr: Gordon and Mr. Koontz stated that they did not feel an applicant would be given any more consideration with legal representation than without. Mr. Koontz stated that he would agree that the process is quite complicated. Mr. Cather, stated.that he did not feel that property taxes per acre in one area of the county shouldg'. be so much higher than in another area and further he did not feel it was fair that people in one area such as in Mr. Malcolm's District, could build 30+ houses on ten acres whereas in his district they could build only one'or two. Mr. Malcolm stated that he was tired of hearing who pays the bills in this County '(i.e.*-the large landowner) when this is not necessarily the case. Mr. Stiles stated that the principal purpose of establishing a minimum lot size is to insure that it is large enough to accomodate a septic system and he felt three acres was sufficient to do so. The recorded vote on Mr. Rosenberger's motion to-change the 5 acre minimum lot size to 3 acres was as follows: Aye - .Thomas B: Rosenberger, Will L. Owings, and Kenneth Y. Stiles. Nay - S. Roger Koontz, Dr. Raymond L. Fish, and R. Thomas Mr. Koontz stated that the motion was deadlocked and therefore defeated. The Board recessed for ten minutes. Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish and passed unanimously, the definition "Subdivision, Recreational" was amended to read "Subdivision, Recreation: To divide any tract, parcel or lot zoned R -5 Residential - Recreational Community under the Frederick County Zoning Ordinance." Upon motion made by Dr. Raymond L. Fish, seconded by Kenneth Y. Stiles and passed unanimously, Section 18 -47, subsection a. 2. was amended to read as follows: "Disposition of natural and storm water shall conform to Frederick County or the Virginia Department of Highways standards." Upon motion made by Dr. Raymond L. Fish, seconded by Thomas B. Rosenberger, and passed unanimously, the word' "stopping" was deleted from Sectin 18 -47 a. 3. Upon motion made by Thomas B. Rosenberger, seconded by R. Thomas Malcolm, and passed-unanimously, Sections 18 -47 a. 4. and 5. were deleted. Section 16 -25 c. was discussed and Dr. Fish moved to send Sections 18 -25 c. and d. back to HUD for clarification. This motion was seconded by Kennth Y. Stiles and defeated by the following recorded vote: Aye - Thomas B. Rosenberger, Dr, Raymond L. Fish and S. Roger Koontz. Nay - Will L. Owings, R. Thomas Malcolm • is • J • L 355 and Kenneth Y. Stiles. Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm and passed unanimously, the words "flood plain district" were amended to "floodway" in Sections 18 -25 c. and d. and the words "but within the flood plain district" were added after the words "floodway" in the 4th line of section c. Upon.motion made by Dr. Raymond L. Fish, seconded by Kenneth Y. Stiles and passed unanimously, the :words "be prohibited" were added in the second line of section 18 -25 d. following the-word "also" and the words "but within the flood plain district" were added in the 4th line of said section following the word "floodway ". Upon motion made by Kenneth'Y. Stiles, seconded by Dr. Raymond L. Fish and • passed unanimously, Section 18 -25 e. was amended to read as follows: "e. Lf the Administrator determines, based upon good engineering practices, that due to flooding conditions only a part of a proposed plat can be safely developed, he shall .limit development to that part and shall require that development proceed consistent with this determination." Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish and �l • passed unanimously, Section 18 -25 f. was deleted. Upon motion made by Kenneth Y. Stiles, seconded by Dr.' %Raymond L. Fish, and passed unanimously, Section 18 -26 was amended to read as follows: "Section 18 -26 Excavation and Grading - Where any excavation or grading is proposed, which falls under the "County Code provisions-for erosion and sedimentation control,_ the developer shall consult the County engineer or the Public Works Director con- cerning plans for erosion and sediment control and to also obtain a report on the soil characteristics of the site so that a determination can be made as to the type and degree of development the site may accomodate. Before undertaking any excavation or grading, the developer shall obtain a Land '.Disturbing Permit if such is required by the County. Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish, • and passed unanimously, the words "based on good engineering practices" was in- serted in the second line of the second paragraph following the words "Administrator" in Section 18 -27. Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles and passed unanimously, the words "and areas subject to special deed restrictions" were deleted from Section 18 -69 j. Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish and • passed unanimously, the words "flood -prone area" were amended to read "flood plain district" Upon motion made by Dr. Fish, seconded by Kenneth Y. Stiles and passed , unanimously, the words "where applicable" were added following the word: "counties" in the sixth line of the second paragraph of Section 18 -73 h. Upon motion made by Kenneth Y. .Stiles, seconded by Dr. Raymond L. Fish and passed unanimously, the following sections of the proposed amendments to the Division of Land Ordinance were approved'and ordered to be forwarded to HUD for acceptance or rejection_. Sections'of Chapter 18 amended by Board of Supervisors action September 27, 1978. 356 Sec. 18 -2. Base Flood Elevation - The one hundred year flood elevation plus7 one foot. Sec. 18 -24. Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man -made or natural causes, such as ice jams and bridge openings restricted by debris. This.ordinance does not imply that areas outside the flood plain district or approved subdivision be free from flooding or flood damages. This ordinance shall not create liability on the part of Frederick County or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder Sec: 18 -25. Flooding (a) Land subject to flooding and land deemed to be-topographically un- suitable shall not be platted for residential occupancy, nor for.such other uses. as may increase danger of health, life or property, or aggravate erosion•or flood hazard. Such land within the subdivision shall be set aside on the'plat for-'such uses as shall not be endangered by periodic or occasional inundation or shall not produce conditions contrary to public welfare. (b) No subdivision and /or site plan, or part thereof, shall be approved if the proposed development and /or improvements will individually or collectively. increase the one hundred year flood elevation more than one foot at any point. (c) Building sites for residences or any other type of dwelling or accommodation shall not be.permitted in any floodway. Sites for these uses may be permitted outside the floodway within the flood plain district if the sites or dwelling units are elevated up to the Base Flood Elevation. If fill is used to raise the elevation of a site, the fill area shall extend out laterally for a distance of a least fifteen -feet beyond the limits of the proposed structures. (d) Building sites for structures or buildings other than for residential uses shall be prohibitied in any floodway. Also'; such sites for structures or buildings outside the floodway but within the flood plain district shall be protected as provided for in "c" 'above. However, the governing body may allow the subdivision of sites for commerical and industrial uses at an elevation below the Base Flood Elevation if the developer otherwise protects =the area to that height or assures that the buildings or structures will be floodproofed at least to that height. (e) If the administrator determines based upon good engineering practice that, due to flooding conditions, only a part of a proposed plat can be safely developed, he-shall limit development to that part'and shall require that development proceed consistent with this determination. Sec. 18 -27. Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall insure drainage at all points along streets, and provide positive drainage away from buildings and onsite waste disposal sites.' Plans shall be subject to the approval of the administrator. The administrator, based upon_good engineering practice, may require a primarily underground system to accommodate larger, less frequent floods. 'The facilities shall be discharge of'excess runoff onto adjacent properties. Sec. 18 -69. Preliminary Plat. (j) Five copies of a map showing the location of the proposed subdivision and /or site plan with respect to any designated.flood plain district, including information on, but not limited to, the one hundred year flood elevations, boundaries of the flood plain districts, proposed lots and sites, fills, floods or erosion protective facilities. i (k) Where the subdivision and /or site plan lies partially or completely within any-designated flood plain district, or where the subdivision and /or site plan borders-on a flood plain district,''the preliminary plan map shall in- clude detailed information giving the location and elevation of proposed roads, public utilities, and building sites. All such maps shall also show contours at intervals of two to five feet depending upon the slope'of the land and identify accurately the boundaries of the flood plain district. (I) Gros "s" section • showing -the proposed street , donstrudtion,'depth and .type-..of base;::.type of surface, - etc'. (m) Nine blueprints and one reproducible copy 6f-.a profile or contour map showing the proposed grades for the streets and drainage facilities including elevations of existing and proposed ground surface at all street intersections and at points of major grade change: along the center line of streets together with proposed grade lines connecting therewith. (n) Proposed connections with existing sanitary sewers and existing water supply or alternate means of Sewage disposal and water supply. (o) All parcels of land to be dedicated for public use and the conditions of such dedication: (p) A copy of all protective covenants and deed restrictions shall accompany the plat. (2- 13 -74, Sec. 5 =5.) •. L • E DIVISION 3 - FINAL PLATS AND PLANS 357 Sec. 18 -73. Generally. (h) A map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within any designated flood plain district. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the flood plain district. Submission of the final plat or final site plan-shall also.be accompanied by all required permits and related documentation where any'alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent counties, where applicable;: have been notified of the proposed alteration or relocation. The Federal Insurance Administrator shall also be notified whenever any such activity shall also be notified whenever any such is proposed. (i) Deed of dedication and construction plans shall accompany the final plat. (j) See Section 16 -69 • (k) The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this chapter, and has made satisfactory arrangements for performance bond to cover the cost of necessary improvements, in lieu of construction, to the satisfaction of the administrator. The subdivider shall record the plat within fourteen days after final approval and provide proof to the administrator; otherwise, the administrator shall mark the plat void and return same to subdivider. (2- 13 -74, Sec. 5 -10) Mr. Rosenberger then moved that the remainder of the proposed ordinance L E amendments be referred back to the Planning Commission with the corrections made by the Board of Supervisors noted thereon with the provision that the Planning Commission be permitted to accept or amend the'ordinance for further consideration by theBoard of Supervisors Owings and passed unanimously. SCHOOL BOARD BROCHURE.—DISCUSSED This motion was seconded by Will L. Dr. Fish stated that a brochure published by the Frederick County School Board, which he'had recently received, seemed to be selling the Frederick County school system to prospective employees. He stated that he felt this was an extravagant expenditure when there is currently an over - abundance of teachers. He stated that he would like to know how much this cost and how this expenditure was justified. Mr. Koontz stated that this question; should be addressed to the School • Board. ESTIMATES FOR CLEANING COUNTY MONUMENTS TO BE SOUGH Mr. Rosenberger requested that estimates be sought for the cleaning of the confederate soldier statue in front of the Courthouse as well as the monuments of Lord Fairfax and Colonel James Wood. The Chairman 'requested Mr. Renalds to investigate this request. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED • THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. sor A Regular Meeting of the Frederick County Board of Supervisors was held on r October 11, 1978, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman called the meeting to order. 358 INVOCATION The invocation was delivered by the Reverend J Street United Methodist Church.. William Hough of the Braddock APPROVAL OF MINUTES 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 minutes of the Regular Meeting of this Board held on September 27, 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. PLAT REVISION - SHENANDOAH HILLS, SECTION II - STONEWALL DISTRICT - APPROVED Mr. Berg presented a request for plat revision for Lots 35, 37 and 39 in Shenandoah Hills Subdivision, Section II stating that'these three would be replatted into two lots. 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 plat revision to replat Lots 35, 37 and 39 into Lots 35 acid 39 in Shenandoah Hills Subdivision, Section II in the Stonewall Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. CONDITIONAL USE PERMIT #011 -79 - JOHNLHOOVER AND ERNESTINE HOOVER - BACK CREEK DISTRICT — APPROVED Mr. Berg presented the request of John Hoover for a conditional use permit for a used truck sales lot and stated that the Planning Commission had recommended approval of this permit for a period of one year with employees limited to two. 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 Conditional Use Permit Number #001 -78 of John Hoover for Ernestine Hoover to operate a used truck sales.lot on their property located off Route 50 west at Round Hill in the Back Creek Magisterial District for a period of one year with the stipulation that there be two employees only. 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 #013 -78 - L. J. Wright &_ Son Inc. - R -1 TO M -2 - THIRD AND FINAL Mr. Berg presented the request of L. J. Wright & Sons Inc. for a rezoning from R -1 to M -2 and stated that the Planning. Commission recommended approval of said request. Mr. Stiles stated that he had hear no adverse comments on this requested rezoning. Mr. Wright appeared before the Board and stated that the warehouse located on the property would be used and no additional warehouses would be built. He stated that the storage tanks would be moved further back from the highway. Mr. Rosenberger asked if the drainfield on the property would be adequate and Mr. Wright advised that the sewerage system on the site was operating properly. Dr. Fish asked if the Board would review the site plan and Mr. Berg advised that they would. • L u 359 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 following rezoning request third and final reading: ZMAP NO 013 -78 OF L..J. WRIGHT AND SON, INC:, P: O. BOX 2980, WINCHESTER VIRGINIA AND THE B & O RAILROAD COMPANY, 2 NORTH CHARLES STREET, BALTIMORE MARYLAND, REQUESTING, THAT 1.329 ACRES ON THE WEST SIDE OF U. S. ROUTE 11 NORTH AT INTERSECTION WITH STINES LANE NOW ZONED RESIDENTIAL- LIMITED DISTRICT (R -1) BE REZONED INDUSTRIAL - GENERAL DISTRICT (M -2). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 54(A)18 AND IS IN STONEWALL MAGISTERIAL DISTRICT. The above resolution was passed by the following 'recorded vote: Aye - r1 U S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y:'S'tiles. Are, CODE OF u] Mr. Carroll Brown, Director of Inspections, presented the proposed ordinance L • amendment and explained the need therefor. He advised that in many cases fire lanes have been established but at this time there is no authority to enforce the regulations regarding same. He stated that upon adoption of enabling legislation by the Board, cars parked in these fire lanes be ticketed and the regulations enforced. Mr. Brown stated that under certain conditions the building code requires that fire lanes be established but'that a developer also has other options available should he'desire not to designate fire lanes, i.e. the installation of a sprinkler system, approved fire walls, etc. 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 approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE OF 1976 CHAPTER 13 ARTICLE II, ADOPTED JULY 12, 1978, ENACTING DIVISION 3, PARKING REGULATIONS REGARDING FIRE LANES AND FIRE HYDRANTS BE IT ORDAINED By the Board of Supervisors of the County of Frederick that: Section 23.1 - Parking Regulations - Fire Lanes and Hydrants • It shall be unlawful for any person to park any vehicle in a designated Fire Lane or within fifteen feet of a Fire Hydrant. Section 23.2 - Penalty for Violation of Parking Regulation Penalty for violation of'parking regulations pursuant to the provisions of this division shall be punished as follows: (1) Parking within fifteen (15) feet of a fire hydrant - the fine shall be-twenty five ($25.00) dollars. \J (2)' Parking in a fire lane where indicated by adequate street painting, matkers, or signs - the fine shall be twenty five ($25.00) dollars. 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. iTukfil 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 approve, on third and final reading, the following ordinance: P1I4] IF FIRE LANES BE IT ORDAINED by the Board of Supervisors of the County of Frederick that: 3.6'© ., F. Section 10 -2 - Designation of Fire Lanes The building official in concert with local volunteer fire officers may designate both public and private fire lanes as required for the efficient and effective use of fire apparatus. Said fire lanes shall be marked in a manner prescribed by the building official and local volunteer fire officers. Said fire lanes shall kept free of vehicles and other obstructions. The.abbve 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. AN ORDINANCE TO AMEND THE FRE ARTICLE I, SECTION 6 -3 REGARD OF 0430 Mr. Carroll Brown presented this ordinance and reviewed the proposed changes. Mr. Owings stated that he did not feel churches, schools or fire companies should be charged inspection fees and Mr. Brown stated that these projects require many inspections and in some cases this cost is built into the construction management fee. Mr.'Brown stated that these organizations can request a waiver from the Board from the payment of the fees should they so desire. Mr. Rosenberger stated that he felt fire companies should be exempt from payment of these fees inasmuch as they are volunteers who provide a valuable service to the community. Mr. Brown stated that the section of'the proposed ordinance dealing with mechanical inspection fees had been added in order to cover the time involved for these inspections. He advised that his department is self sustaining through the fees collected for inspections. The inspection of water softeners was discussed and Mr. Brown advised that if these softeners are not installed properly, the drinking water can be contaminated. The total inspection cost for a new dewelling was discussed and Dr. Fish stated that he felt this was excessive. Mr. Rosenberger stated that he felt the cross - training program being conducted by the Inspection Department would result in a savings for the citizens, and he urged the Director to continue this program. Mr. Stiles asked if the Inspection Department dealt with problems such as a home which does not lie in a flood plain but is flooded quite frequently because of run -off onto the property. Mr. Stanley Pangle, Public Works Director,. stated that this is a problem which is not currently covered in the Code, but is being investigated. Mr. Stiles stated that he felt builders should be charged when an inspector makes a trip to the building site and the builder is not ready for the inspection Mr. Brown advised that there is a provision for this and the builders have been warned that it will be enforced if the problem continues. 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, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE OF 1976 CHAPTER 6, ARTICLE I; SECTION 6 -3 FEES, ADOPTED JULY 12, 1978, REGARDING BUILDING PERMIT FEES BE IT ORDAINED, By the Board of Supervisors of the "County of Frederick, Virginia, that Section 6 -3 FEES be amended to read as follows: J L J I • • • J C� • • • 1 1 : 361 (A) No permits as required by the Virginia Uniform Statewide Building Code, as amended and supplemented, shall be issued until the fees prescribed by this section shall have been paid, nor shall an amendment to a permit be approved until the additional fee, if any, shall have been paid. (B) The permit fee schedule for inspections of buildings or structures (whether new, remodeled, or added to) shall be as follows: (1) One and two family dwellings, townhouses, vacation shells, apartment and additions .06 per sq.-ft. (2) Pre - fabricated homes with third party in- spection seal (+ Foundation Cost) $'50:00 (3) Foundations (per building) 10.00 (4) Restaurants, motels, hotels .10 per sq. £t. (5) Commercial and industrial .10 per sq. ft. (6) Warehouses .10 per sq. ft. (7) Accessory Buildings 10.00 (8) Demolition 7.50 (9) Swimming pools (Commercial) 30.00 (10) Swimming pools (private) 15.00 (11) Garages and Carports 10.00 (12)� Decks and porch additions 10.00 (13) Remodeling .06 per sq. ft (14) Re- roofing •10.00 (15) Re- siding 10.00 (16) Shelters 10.00• (17) Retaining walls 10.00 (18) Signs 10.00 (19) Billboards 15.00 (20) Carnivals & circuses (sponsored non - profit) no fee (21) Carnivals & circuses (Commercial) 75.00 (22) Underground tanks 10.00 (23) Aboveground tanks 15.00 (24) Radio towers and like structures 15.00 (25) Fire inspections (requested) 25.00 (26) Special inspections (requested) 25.00 (27) Churches, schools, etc. .06 per sq. ft. (28) Use & occupancy (Commercial) 10.00 (29) Temporary occupancy (Residential 5.00 (30) Renewal of permit (1st year N;/C. 2nd year) 10.00 (31) Refund - A) No work started 758 B) Work started 508 (32) Additional inspections due to delay, or not being ready 10.00 (33) Farm buildings no fee (34) Fireplaces and stoves, 10.00 (35) Minimum fee 10.00 (36) No fee shall be chared for construction cost less than $500.00 including labor and materials unless listed-in the fee schedule. (C) The fee for a building permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be at a rate of 40 . cents per one hundred dollars of the estimated cost of moving plus the cost of new foundations and all work necessary to place the building or structure in its completed condition in the new location. (D) The fee for a mobile home permit shall be $ 35.00 (E) The term "Estimated" as used in this Section, means the reasonable value of all services, labor and materials necessary for the proposed work. (F) The permit fee schedule for plumbing inspections shall be as follows: (1) Base plumbing permit plus $30 per fixture 10.00 (2) Renewal of building sewer without other changes to the existing system 5.00 (3) Pre- Fabricated homes third party inspection seal 20.00 (4) Installation of air conditioning requiring water connections 5.00 (5) Water supply to heating system 3.50 (6) Well pumps 2.00 ea. (7) New water and sewer line _ 5.00 (8) Each additional inspection due to delay in work, improper materials, etc. 10.00 (G) The permit fee schedule for storm sewer inspections shall be as follows: (1) Private property storm sewer $ 3.00 ea. (2) Laterals 5.00 ea. (3) Roof - drains 5.00 ea. (4) Outside leader 5.00 ea. (5) Manhole 5.00 ea. (6) Area drain 5.00 ea. (H) The permit fee for mechanical inspections shall be as follows: (1) Central heating, furnace or boiler: Residential 5.00 Commercial, First 100,000 B.T.0 10.00 Each additional 100,000 B.T.0 5.00 Maximum fee 120.00 (2) Central air conditioning, Refrigeration and Refrigeration cycle of air conditioning systems: Residential, per unit 5.00 ..3.6 2 Commekcial,:F.irst 5 tons Each additional tons Maximum fee (3) Each fire damper or subduct in ventilation, exhaust or duct system (4) Incinerators, per 100 lbs per hour burning rate (5) Commercial hoods and fans (6) Elevators (7) Escalator (per floor) (8) Automatic sprinkler systems (9) Unfired pressure vessels (10) Fire hydrants (11) Water Softener 10.00 5.00 120.00 1.00 10.00 20.00 ea. 30.00 8.00 20.00 20.00 ea. 5.00.ea. 10.00 (I) The permit fee schedule for electrical inspections-shall be set by the Middle" Department of Inspection Agency, unless otherwise specified by 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, Rz Thomas Malcolm, and Kehneth Y. Stiles. Nay - Will L. Owings. . REYNOLDS R FIRE 1 EXEMPTED F Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein exempt the Gore Volunteer Fire Company and the Reynolds Store Volunteer Fire Company from the payment of building, mechanical, and plumbing permit fees, with the stipulation that said fire companies shall be required to obtain building permits Erom the Frederick County Department of Inspections.for the construction currently being conducted by said companies. 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. APPOINTMENT TO SHENANDOAH AREA AGENCY ON AGING CARRIED FORWARD The appointment to the Shenandoah Area Agency on Aging was carried forward to the next meeting. FINANCE COMMITTEE RECOMMENDATIONS Mr. Rosenberger presented the Finance Committee recommendations, and the following action was taken: BUDGET MWWW-ITIT-� Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick Virginia does herein approve the following budget adjustment for the Parks and Recreation Department.'in order that all matching funds for the COR grant may be placed in one account: Transfer From: 18- 18F1 -299A 18- 18F6 -326A 18- 18F6 -499A 18- 18F6 -601C Transfer to: 18- 18F6 -601A Planning & Consultants Fees Census, Surveys & Reports General Fixtures Picnic Shelters Improvement to Sites $13,859.00 2;000.00 3,437.00 500.00 19,796.00 $19,796.00 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. • • I • J "3'63 OF REVENUE SHARING FUNDS FO P URCHASE OF DATA 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 appropriation of Revenue Sharing Funds in the amount of $9,857 for the purchase of the following Data Processing equipment Central Processing Unit (CPU) Second Disk attachment $1,575.00 Disk Drive 5444 - Model 2 (1 removable & 1 fixed) 7,515.00 Field Installation 67.00 Additional Maintenance (7 mo.) 400.00 Shipping 300.00 Total. $9,857.00 • 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. INSURANCE`TO" Upon motion made by Thomas B. Rosenberger and seconded by Di - .' Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, is Virginia, does herein direct the County Administrator to proceed with the acquisition of accounts receivable insurance to insure•. the real estate tax tickets maintained by the Treasurer, said insurance to remain in effect until such time as the necessary conversion to an uncollected ledger for real estate, similar to the current personal property uncollected ledger, is implemented; and, BE IT FURTHER RESOLVED, That the Board does direct that this conversion be accomplished as soon as possible after the upcoming reassessment to provide. duplicate records to insure against loss to the County of this valuable information. 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. SALE OF FIREWOOD FROM STEPHENS CITY PARK - 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, at a price of $15.00 per 3/5 ton pickup truck as a guide, said price to be Virginia does herein approve the sale of firewood from the Stephens City Park increased or decreased proportionately should a larger or smaller vehicle be used. The above resolution was passed by the following recorded vote: Aye - r1 U S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth.Y. Stiles. II li am OF 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 appropriation of $6,000 Title II Counter - Cyclical funds for the acquisition and installation of a disc golf course recreational facility at the Stephens City Park. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas R. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. APPROPRIATION - J SHMENT OF Mr. Stiles stated that the Committee appointed by the Chairman included three members of the Board and in order not to be in violation of the Freedom of '36 Information Act he had not attended the meeting. Dr. Fish presented the report of the Committee studying central dispatch and stated that the Committee recommended the appropriation of funds in order that a joint central dispatching system might be established with the City. The Board discussed the possible relationship of central dispatching system with the proposed "911" system and Dr. Fish advised that it would take at least a year to have the "911" system operational after it is approved; that the proposed joint central dispatching system would be,compatible with the "911" system; and that the phone company is currently conducting a study to provide firm figures on the "911" system. 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 a supplemental appropriation of $8,625 for Fiscal Year 1978 -1979 for the establishment of a joint central dispatching system for the Frederick County Firemens Association with the City of Winchester. subject to approval by the Board of Supervisors of the agreement between the City and the County setting forth the provisions under which the central dispatching system willi operate. 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: MONTHLY STAFF REPORT - ACCEPTE After review, the monthly staff report was accepted. ORDINANCES- FIRST AND SECOND READING The following ordinances were read on first and second reading: 1. ZMAP #006 -78 OF BOYCO, INC., BY RUFUS C. BOYCE. JR. (PRESIDENT) 2214, STONEBROOK ROAD, WINCHESTER, VIRGINIA, REQUESTING THAT 1.01 ACRES, ON THE SOUTHWEST CORNER OF ROUTE 657 (SENSENY ROAD) AND SUNSET DRIVE NOW ZONED AGRICULTURAL - GENERAL DISTRICT (A -2) BE REZONED RESIDENTIAL= GENERAL DISTRICT (R -3). THIS PARCEL.IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 65(A)35 AND IS IN SHAWNEE MAGISTERIAL DISTRICT. 2. ZMAP #014 -78 OR JULIAN T. GARBER, DONALD E. GARBER, AND O'.. L. GARBER FOR NORA L. GARBER TRUST, P. O. BOX 67, WINCHESTER, VIRGINIA, REQUESTING•THAT APPROXIMATELY ONE -HALF MILE FROM U.S. ROUTE 50 EAST NOW ZONED BUSINESS- LIMITED DISTRICT (B -1) BE REZONED INDUSTRIAL- LIMITED DISTRICT (M -1). THIS PROPERTY - IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 64(A)5 AND IS IN THE SHAWNEE MAGISTERIAL DISTRICT. JOINT MEETING WITH PLANNING C SET The Board set the date of October 25, 1978, at 5:30 P.M. for a joint dinner meeting with the Frederick County :Planning Commission, said meeting to be continued at 7:00 P.M. at the Regular Meeting of the Frederick County Board of n U • • I Supervisors. GORE FOR TO Mr. Rosenberger requested that the requested variance for the Gore Volunteer Fire Company be referred to the Board of Zoning Appeals for consideration at the earliest possible date, so that the current construction project of said company will not be delayed. The Board concurred with this request. COUNTY ADMINISTRATOR DIRECTED TO EXPRESS BOARD DISSASTISFACTION TO SOIL CONSERVATION SERVICE REGARDING COMPLETION DATE FOR SOIL:SURVEY The Chairman directed the-County Administrator to express the Board's extreme dissatisfaction to the U. S. Soil Conservation Service regarding the • J 365 completion of the soil survey for the County stating that the Board will expect to have the agreement as it currently stands to be followed in order that the comp- letion date will remain 1980. J UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED • THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. xw� A Regular Meeting of the Frederick County Board of Supervisors was held on October 25, 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• The invocation was delivered by Reverend Arnold B. Vaught of the Winchester Center Friends. The Chairman Called Meeting to order. DISCUSSION OF PROPOSED WORK PLAN WITH PLANNING COMMISSION Mr. C. Langdon Gordon, Chairman of the Frederick County Planning Commission presented the proposed plan of work of-the Planning Commission. Mr. Ron Berg, Director of Planning, reviewed.the various projects being worked on by the Commission and gave a status report on each. Mr. Gordon asked the Board of Supervisors to set priorities for the projects LJ they wanted the Planning Commission to work on. Board agreed that this matter should be studied and requested the Planning Commission The possible revision of the agricultural zoning district was discussed and the to continue work on this project. The preservation of prime agricultural land was discussed in conjunction with the possible creation of another agricultural district in order to endeavor to insure that this prime agricultural land would not-be developed. Mr. Berg explained conditional zoning and stated that it would provide the • Board with more control as to how property would be developed. Mr. Rosenberger stated that he felt conditional zoning would benefit the developer and not the Board or Planning Commission and that he felt this matter should be studied very carefully before any decisions are reached. Mr. Rosenberger asked if large lot sizes wouid be reconsidered and Mr. Gordon replied that the Planning Commission recommendation remained the same, that the five acre lot size be retained. The Board concurred that this matter would not be reconsidered at this point in time. Mr. Gordon stated that the Planning Commission would require several meetings with the Board of Supervisors on the projects and suggested-that a meeting be set as soon as possible to begin review of the new zoning maps. The County Administrator and Director of Planning were instructed to set up such a meeting in November. Following a brief discussion, the Board agreed that items 2 and 3 on the Proposed work plan be reversed. Thereupon, the 1978 -1979 Planning Commission A 366 Plan of Work was approved as follows: 1978 -79 Plan of Work 1. Complete the Capital Improvements Program 2. Complete work currently in progress, new zoning maps and business zones 3. Revise Agricultural zoning districts 4. Conditional zoning and revision to Conditional Use Permits to strengthen decision making guidelines. 5. Revisions to Residential Zoning Districts 6. Historic Districts Mr. Stiles asked what the Board could expect from the consultant's report on the study currently being conducted and Mr. Berg replied that the consultant was 1 . using three sample developments in the County to determine the impact of those developments.. He stated that this would provide information which would allow the Board to evaluate future developments. Mr. Berg stated that he felt the report would be something the Board could rely upon and that the cost of the study would not exceed $6,000. The Board recessed for ten minutes. 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 Regular Meeting of October 11, 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. CONDITIONAL - L. J. WRIGHT Mr. Berg presented conditional use permit #016 -78 and the-site plan of L. J. Wright and Son. He described the location and the proposed use of the stating that there would be a berm around the tank farm; Mr. Wright appeared before the Board and described the operation of his business. He stated that the plans had been developed by an engineering firm in Richmond and do comply with the National Fire Code. Yr. Malcolm stated that our current Code does not address the bulk storage_: of petroleum and he felt this is something the Board should consider as soon as possible. The Board'concurred. 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'Conditional Use Permit #016 -78 and Site Plan of L. J. Wright & Son, Inc., to receive and disburse gasolines and heating oils, bulk storage of petroleum products, and storage tank farm on his property located off Route 11 North at Stine's Lane in the Stonewall M agisterial District, with the stipulation that this permit is nontransferable. 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. APPOINTMENT OF MRS. MARGARET ROWE TO SHENANDOAH AREA AGENCY ON AGING - APPROVED 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 appoint Mrs. Margaret Rowe to serve as a representative from Frederick County on the-Shenandoah Area Agency on Aging to fill the un- expired term of H. Denis Hoover, said term to expire in October, 1980. The above resolution was passed by the-following recorded vote: Aye - S • • • • 0 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: TITLE II FUNDS - APPROPRIATION REDUCTIONS - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, By the Frederick County Board of Supervisors that Title II a • Fund appropriations carried forward from the prior fiscal year, for use within the County General'bperating Fund, are hereby authorized to be reduced in the following amounts: 10- 1OBO -403A $ 17:45' 1.0- 1OJ -499B $ 1,462.00 TOTAL: $ 1,479.45 The above resolution was passed by the following recorded vote: Aye - is S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. $6,500 APPROPRIATION TRANSFER TO CONSTRUCT FIRE ESCAPE ON COURTHOUSE - 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 transfer from Reserve for Con- tingencies to Maintenance of Buildings and Grounds in the amount of $6,500 to provide funds for the construction of an exterior fire escape on the Frederick County Courthouse. 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. ON OF TITLE II • 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 appropriation of Title II Counter - Cyclical - funds in the amount of $5,110.50 as follows: Schools: Middletown Elementary School go]rj Rex - Rotary Model RR4000, Cassette-Load vertical Copier ..........$ 695.00 IBM Typewriter .......................... ......................:.......$ 725.00 • Gore Elementary School: Standard Duplicatior A.D. 5' .................... .......................$ 751.50 Gainesboro Elementary School: IBM Typewriter .......................... ..............................$ 725.00 Kline Elementary School: Thermofax Duplicator Model 45FGA ........ .............................. 559.00 TOTAL: �' 3,455.50 Sheriff's Department Construction Costs - Jail ..... ...... .. ..............................$ 500.00 Self- Contained Breathing Apparatus - Jail .............................$ 500.00 Clothes Dryer and Installation .......... .............................. 459.00 TOTAL: 1,459.00 367 I Public Works: Radio Remote Control Unit ...................... ....................... 196.00 TOTAL: $ 196.00 s • • GRAND TOTAL: $5,110.50 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. SUPPLEMENTAL APPROPRIATION OF $5,000 FOR CONSTRUCTION AT'DOG POUND - 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 a supplemental appropriation of $5,000 for kennel contruction work at the Dog Pound inasmuch as this item was under budgeted in the 1978 -1979 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, and Kenneth Y. Stiles. REFUND ON ASAP FEES TO STATE A LOCALITIES - 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 authorization) is hereby given for the refund to the Commonwealth of Virginia of 108 of ASAP fees collected per Section 18.2- 271.1, Code of Virginia, 1950 as amended; and, BE IT FURTHER RESOLVED, That ASAP fees collected for other localities are hereby authorized to be transmitted to said localities upon written certification from the Director of Court Services. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B.:IROSenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. M ADMINISTRATOR TO LOCATEr LITY The Board directed the County Administrator to seek an individual or couple to reside at the dog kennel site in a mobile home to oversee the operation of the kennel and to provide security for the adjacent confiscated vehicle im- poundment facility and the firing range operated by the Frederick County Sheriff's Department. APPLE BLOSSOM FESTIVAL REQUEST FOR USE OF COUNTY FACILITIES - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request of the Apple Blossom Festival to use County facilities as follows: 1. Permission is granted to the Shenandoah Apple Blossom Festival to use the County Parking Plaza:. for rides and concessions during the 52nd Shenandoah Apple Blossom Festival on the dates of May 3 =5, 1979, with the stipulation that no stakes will be driven into the asphalt and further that the Apple-Blossom- Festival will assume full responsibility for any and.all damage done to the Plaza as a result of this function. 2. Permission is also granted to the Shenandoah Apple Blossom'Festival to use the steps of the Frederick County Courthouse for band +concerts on May 4th and May 5th, 1979, prior to the Firemens and Grand Feature Parades. 3. Permission is granted to hang power lines for concessions with the understanding that these lines must be removed promptly (within one week) following the close of the Festival. 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 PROPOSED SHOPPING MALL Mr. Koontz stated that Crown America Corporation will appear before the Planning Commission next week with regard to their proposed shopping mall and if • L • • approval is received, they will then apply to the City Utilities Committee for sewer service. He also advised that the proposed mall located off Route 7, will proceed with the construction of two stores at the area of the cross over. BOARD RETIRES INTO EXECUTIVE SESSION r— Upon motion made by Thomas B. Rosehberger, 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. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Thomas B. Rosenberger, seconded by Kenneth Y. Stiles, • and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm, and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD%'OF SUPERVISORS DO NOW ADJOURN. • retary, Board of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on November 8, 1978, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Va. 22601 PRESENT: S.. Roger Koontz, Chairman; Thomas B. Rosenberger,.Vice- Chairman; Dr. Raymond L. Fish; Will L'. Owings; R. Thomas.Malcolm; and Kenneth Y. Stiles. The Chairman called the meeting to order. APPROVAL OF MINUTES • 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, Virginia, does herein approve the minutes of the Regular Meeting of this Board held on October 25, 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. ROAD ADDITION - MERRIMANS ESTATES, SECTION II, BACK CREEK DISTRICT - 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 request the Virginia Department of Highways and Transportation to accept into the Secondary Road System as a rural addition the following roads in Merrimans Estates in the Back Creek Magisterial District, pursuant to the provisions of Section 33.1 -229 of theCode of Virginia, 1950 as amended: 1. Wayland Drive from Route 1303 (Weitzell Place) to .03 mile north of Merrimans Place a distance of .13 miles ' 11 2. Merrimans Place from Wayland Drive to cul -de -sac a distance of .07 miles 369 v70. BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of fifty six;(56).A.feet:with :.necessary Basemen for cuts, fills and drainage recorded in Deed Book 389, Page 153, date April 13, 197 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. DR. GARY DeOMS PRESENTS REPORT ON THISTLE CONTROL PROGRAM Dr. Gary DeOms, Frederick County Extension Agent, appeared before the Board and presented a report regarding the possibility of a thistle control program in the County. Dr. DeOms stated that at this point in time'there does not appear to be a feasible solution to this problem. The Board discussed briefly the possibility of a spray program or possibly a provision to be set forth in'the Land Use Taxation Ordinance to address this problem. Mr. Koontz requested that the County Administrator contact the Highway Department to determine whether'or not they have a thistle control program and if so obtain an outline of said program. Dr. DeOms stated that the Extension Service would continue:to address the biological aspect of this problem and report any findings to the Board. APPOINTMENTS: h 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 reappoint Mr. Fred L. Glaize, III and Mr. Paul Rhin diart, Jr. to the Industrial Development Authority of the.County of Frederick, Virginia, for a term of four-years, said term to commence on November 11, 1978 and terminate on November 10, 1982. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. ROBERT SOWERS REAPPOINTED TO CHAPTER 10 BOARD 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 reappoint Mr. Robert Sowers to serve as a representative from Frederick County on the Northwestern Community Mental Health and Mental Retardation Services Board for a term of three (3) years, said term to commence on January 1, 1979 and terminate on December 31, 1981. The above resolution was passed by 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 NORA L. GARBER TRUST - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Ron Berg presented the subdivision request of the Nora:L..Garber Trust and stated that the Planning Commission recommended approval of this subdivision. r is • • There was no opposition. r— L • • • • Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the subdivision request of the Nora L. Garber Trust for one (1) lot fronting Route 522 south, adjoining the property of Lowes, for the operation of a wholesale plumbing and heating business.. 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. PUBLIC HEARINGS: ZMAP #006 -78 OF BOYCO, INC. - SHAWNEE DISTRICT - A -2 TO R -3 - APPROVED Mr. Berg presented the rezoning request of Boyco, Inc. and stated that the Planning Commission recommended approval of said request. There was no opposition 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, on third and final reading, the following rezoning request: ZMAP #006 -78 OF BOYCO, INC., BY RUFUS C. BOYCE, JR., (PRESIDENT), 2214 STONEBROOK ROAD, WINCHESTER, VIRGINIA REQUESTING THAT 1.01 ACRES, ON THE SOUTHWEST CORNER OF ROUTE 657 (SENSENY ROAD) AND SUNSET DRIVE NOW ZONED AGRICULTURAL - GENERAL DISTRICT (A -2) BE REZONED RESIDENTIAL- GENERAL DISTRICT (R -3). THIS PARCEL IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 65(A)35 AND IS IN SHAWNEE 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. 14 -78 - JULIAN T. GARBER, ET AL - - SHAWNEE DISTRICT - APPROVE Mr. Berg presented the request for rezoning of- Julian T. Garber and stated that the Planning Commission recommended approval of said request. There was no opposition. Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Beard of Supervisors of the County of Frederick, (Virginia, does herein approve, on third and final reading, the following rezoning request: ZMAP #014 -78 OF JULIAN T. GARBER, DONALD E. GARBER, AND O. L. GARBER FOR NORA L. GARBER TRUST, P. 0. BOX 67, WINCHESTER, VIRGINIA, REQUESTING THAT APPROXIMATELY 2.217 ACRES, ON THE EAST SIDE OF U. S. ROUTE 522 SOUTH ONE -HALF MILE FROM U. S. ROUTE 50 EAST NOW ZONED BUSINESS - LIMITED DISTRICT (B -1) BE REZONED INDUSTRIAL- LIMITED DISTRICT (M -1). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBERS 64(A)4,..AND 64(A)5, AND IS IN SHAWNEE MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, R. Thomas Malcolm, Dr. Raymond L. Fish, and Kenneth Y. Stiles. REVIEW OF LARGE LOT SUBDIVISION AMENDMENTS TO THE SUBDIVISION CODE Mr. Berg reported that the proposed large lot subdivision amendments to the Subdivision Code had been reviewed again very carefully by the Planning Commission and that the Commission had unanimously recommended approval of said amendments. He explained the requirements set forth in the amendments for residential construct 372 13742 Mr. Hugh Price stated that he felt the regulations is proposed required lots which were too large and more than people could care for. and urban tax jurisdictions should be kept separate and apart. Mr. Paul Rhinehart, Jr. expressed objection to the proposed amendments in that he felt -the lot sizes were'too large. He suggested that the matter be decided Mr. Koontz explained that the purposes of the proposed amendments are to in various zoning categories as well as development options for property owners zoned agricultural. He advised that proposed amendments to the A -1 and A -2 zones previously discussed by the Board and Planning Commission would be considered at the next work session. Mr. Sam Lehman objected to the proposed amendments stating that he felt rural by public referendum. help to control growth and to insure that services can be provided. 'Dr. Fish then moved to approve the Large Lot Subdivision Amendments to the Subdivision Code. Mr. Malcolm seconded this motion and the motion was defeated by the following recorded vote: Aye - S. Roger Koontz, R'. Thomas Malcolm, and Dr. Raymond L. Fish. Nay - Thomas B. Rosenberger, Will L. Owings, and Kenneth Y. Stiles. Mr. Manuel DeHaven stated that he had not heard anyone in his district express favor to the five acre requirement and he felt the 3 to 1 ratio was sufficient to handle the problem. Mr. Renalds advised that the 3 to 1 ratio is not now on the books and that the ordinance would have set some requirements on lots between five and 10 acres. Following a brief discussion regarding the approval of the amendments by section, the Board agreed -th'at the matter could be discussed at the next meeting. MONTHLY STAFF REPORT ACCEPTED After review the monthly staff report was accepted. u ORDINANCES - FIRST AND SECOND READING Mr. Renalds read the following ordinances on first and second reading: 1. ZMAP #017 -78 OF FRANCIS P. AND BLANCHE A. LAGES, 1114 HARVARD DRIVE, WINCHESTER, VIRGINIA, O. LEE GARBER, TRUSTEE, DONALD E. GARBER, ' TRUSTEE, JULIAN F. GARBER, TRUSTEE, P. O. BOX 67, WINCHESTER, VIRGINIA, J & P PROPERTIES, INC., P. O. BOX 824, WINDERMERE, FLORIDA, AND CROWN CONSTRUCTION COMPANY, 131 MARKET STREET, JOHNSTOWN, PENNSYLVANIA, REQUESTS THAT 104.159 ACRES AT THE SOUTHEAST QUADRANT OF THE INTERSECTION OF U. S. ROUTE 50 AND ROUTE 522 NOW ZONED BUSINESS- LIMITED DISTRICT (B -1) AND INDUSTRIAL - GENERAL DISTRICT (M -2) AND RESIDENTIAL- LIMITED DISTRICT (R -1) BE REZONED BUSINESS - GENERAL DISTRICT (B -2). THESE PROPERTIES ARE DESIGNATED AS PROPERTY IDENTIFICATION NUMBERS 64(1)B, 64(1)89, 64(1)4, 64(1)5, AND 64(1)101 AND ARE IN SHAWNEE MAGISTERIAL DISTRICT. 2. ZMAP #018 -78 SUBMITTED BY THE FREDERICK COUNTY PLANNING COMMISSION WHO REQUESTS THAT THE PROPERTIES IN GREENWOOD HEIGHTS SUBDIVISION BOUNDED BY ROUTE 654 AND ROUTE 657 AND DESIGNATED ON PROPERTY IDEN- TIFICATION MAP 65A AND THE: PROPERTIES IN BURNING KNOLLS, C. M. LOCKHART AND CHAKALAKIS LOTS SUBDIVISION OFF ROUTE 657 AND FRONTING SUNSET DRIVE, PLANTATION DRIVE, DIXIE BELL DRIVE, ANDERSON AVENUE, BROAD AVENUE, AND ROSSUM DRIVE AND DESIGNATED ON PROPERTY IDENTIFICATION MAP 65B, NOW ZONED AGRICULTURAL- GENERAL DISTRICT (A -2) BE REZONED RESIDENTIAL- GENERAL DISTRICT (R -3) AND IS LOCATED IN SHAWNEE MAGISTERIAL DISTIRCT. 3. ZMAP #019 -78 OF EDWARD AND EVELYN D. SHIRELY, ROUTE 2, BOX 400, STEPHENSON, VIRGINIA, REQUESTING." THAT 2.03 ACRES ON THE NORTHWEST SIDE OF U. S. ROUTE 11 ABOUT THREE AND ONE -HALF (3 1/2) MILES NORTH OF WINCHESTER NOW ZONED AGRICULTURAL - GENERAL (A -2) BE REZONED INDUSTRIAL - LIMITED DISTRICT (M -1). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBERS 44(1)44 AND 44.(1)45 AND IS STONEWALL MAGISTERIAL DISTIRCT. • • • • i A gentleman in the audience stated that inasmuch as he would be unable to 374 UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN UNTIL 7:00 P. M., NOVEMBER 29, 1978. L . - ` a - An Adjourned Meeting of the Frederick County Board of Supervisors was held on 29, 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, and R. Thomas Malcolm. ABSENT: Kenneth Y. Stiles. The Chairman called the meeting to order. _ -, The'Reverend Conrad Christianson of the Bethel Lutheren Church delivered the invocation. 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, Virginia, does herein approve the minutes of the Regular Meeting of this Board held on November 8, 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, and R. Thomas Malcolm. CONDITIONAL USE PERMIT #015 -78 - ANTON B. PAPIERNIAK - BACK CREEK DISTRICT Mr. Ron Berg, Director of Planning and Development, presented the request for conditional use permit of Anton B. Papierniak - and described the located and proposed use of the property. Mr. Rosenberger advised that there had been no opposition to this request at the Planning Commission hearing and that the Planning Commission recommended a one year approval in order to determine whether or not there would be a .traffic problem. The Board asked whether or not this would be a wholesale operation and Mr. Berg stated that the product produced on the property would be sold and that the applicant would have to meet ABC requirements as well as additional state requirement for the processing of his product. The entrance to the property and the septic system was discussed and Mr. Berg advised that the applicant would not be required to construct a commercial roadway and should this be required the Highway Department regulations would have to be followed. He further stated that the Health Department had advised that the septic system on the property was adequate to handle the proposed operation. 0 1 E \J 1 • I /, T.0 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,'''. inia, does herein approve Conditiobal Use Permit No. 015 -78 of Anton B. to operate retail sales of wine produced on his property located off Route 622 in Creek Magisterial District for a period of one -(1) year, as recommended by Planning Commission. The above resolution was passed by the following recorded vote: Aye - • • . Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm. SITE PLAN' NO. 023 -78 - DOUG TOAN _ STONEWALL DISTRICT - APPROVED Mr. Berg presented the site plan of Doug Toan and stated that the Planning ission recommended approval with the requirements that the driveway must be d and there be no outside storage; that the staff be directed not to release the site plan until the property is conveyed to Mr. Toan inasmuch as the approval be valid for another purchase +iu1 ,event Mr. Toan decided not to purchase property. Mr. Toan appeared before the Board and stated that he understood and agreed th the requirements recommended by the Planning Commission and further under- stood that an occupancy permit would not be issued until such time as all require- 0 lding be 30,000 square foot storage building, with no parking or toilet facilities • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings', and R. Thomas Malcolm. FOR REDUCTION BUILDINGS REFERRED Mr. Doug Toan stated that the current building permit.:fee....for ' a-- warehouse build • lat 59! per square foot inasmuch as a warehouse building requires employees and sanitary facilities wherein a storage building would not have these requirements. . Toan also stated that-the storage building he plans to construct on the property will be a.pre- engineered building which will require very little inspection time which would not be the case in a warehouse building. Following a brief discussion, the Board referred this matter to the Committee ; that it must have a paved driveway; that there will be no outside storage; nts are met. 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, rginia does herein approve Site Plan No. 023 -78 of Doug Toan to construct and operate a storage building on a tract of land located on Lenior Drive in the Gilpin Industrial Park in the Stonewall Magisterial District, with the stipulations that the -and that the site plan for said-property will not be released until such time as Toan becomes the.owner of the property. ` The above resolution was passed by the following recorded vote.: Aye - l is 10¢ per square foot. He requested that the fee for a storage building be set on Engineering and Code Enforcement. for study and recommendation. n 376. Mr. Carroll Brown, Director of Inspections, appeared before the Board and requested that the County Inspections Department assume electrical inspections in the County effective January 1, 1979;. in order to operate the department more effective and efficiently. He stated that inasmuch.as the County is responsible through him for the issuance of certificates of occupancy, he needs to have more control over these inspections to insure that the work meets all requirements. Mr. Brown further stated that the proposed electrical inspector would also be in- volved in a cross training program in order to increase the efficiency of the department. He stated that he felt this method would reduce::.the current fee schedule by approximately 198 and would be beneficial to a wide spectrum of people. Mr. Brown stated that the Middle:: Department of Inspections Agency, who has assisted the County for a number of years, has done a very commendable job but he felt this method would be more effective and beneficial to the citizens of the County. Mr. James DeHaven of the Middle Department Inspection Agency appeared before the Board and stated that he did not agree with cross training inspectors. He then introduced Mr. Jim Heinsberg, the Regional Manager of the Middle:.Department Inspections Agency, who appeared before the Board and stated that he did not feel one inspector would be sufficient to handle the County's workload and further that'he did not feel the County would be able to hire an inspector for the projected salary of $11,300. Mr. Heinsberg stated that he had seen this method tried in other counties and it did not work. Mr. Jack Proctor of the State Department of Inspections appeared before the Board and stated that only agencies approved by the State could be contracted by counties on a continuing basis to do inspections and to his knowledge the Middle' Department of Inspections had not been approved in the State of Virginia. The Board discussed briefly the question of legal liability should an individual incur damages through faulty electrical inspection and Mr. Heinsberg stated that in a case where a suit of this nature is broughtthe County and the Middle. Department would share the cost. Mr. Harry Aikens appeared before the Board and stated that he objected as a builder to this proposal inasmuch as he felt the services provided by the Middle Department had been quite satisfactory and the new method would increase the cost `to the builders. Mr. Jack Beard appeared before the Board in support of the proposed change and stated that he felt having all inspections under one department would be most beneficial. Mr. Bill Hendrickson asked if an outside inspector had to be'hired on special projects this cost be passed on to the contractor and Mr. Brown replied that this fee would be deducted from the overall building fee. Mr. Hendrickson stated that he also did not feel a competent inspector could be obtained for the projected salary, and Mr. Proctor stated that he did not feel this would be a problem; that in many counties very competent retirees had been hired to fill this.type position. k • l J • • 37 Mr. Hendrickson asked if.the soon to be presented figures for the projected new County facilities would include an increase in the number of government employees and Mr. Malcolm replied that the firm conducting the study will make expected to expand. projections through the year 2,000 and that naturally all departments would•_.be Mr. C. Irving Cather appeared before the Board and stated that he felt both • the Middle Department Inspections Agency and the County's Inspections Department were doing commendable work and that he was in favor of electrical'.inspections. . A gentleman in the audience stated that he felt the Middle Department was very prompt in their inspections and he did not think government could provide the service as cheaply as private enterprise could. Mr. Richard Pifer stated that he was in favor of the proposal and felt it would further streamline the department. Mr. Henry Crawford appeared before the Board and stated that he too was in • favor of the proposal inasmuch as he felt it would increase the effeciency of the Inspections Department and provide better service to the home builders. The Board recessed for ten minutes. Mr. Rosenberger stated that two standing committees of the Board had looked into this proposal quite thoroughly and recommended approval; that he felt any savings to the taxpayer would make the program beneficial. 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 direct that the Frederick County Inspections Department assume responsibility for electrical inspections within Frederick County effective January 1, 1979, and does therefore present on first and secorid reading, the following ordinance establishing fees and regulations. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE OF 1976, CHAPTER 6, ARTICLE I ADOPTED JULY 12, 1978 TO ENACT AN ELECTRICAL FEE SCHEDULE • • r BE IT FURTHER RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following budget adjustment for the fiscal year ending June 30, 1979: General Revenue Fund Increase Revenue Estimates: 05 -3090 Electrical General Operating Fund Increase Appropriations: 10- 1OBO -110G 10- 1OBO -206A 10- 1OBO -213B 10- 1OBO -215B 10- 1OBO -215D 10- 1OBO -220A 10- 1OBO -221A 10- 1OBO -299A 10- 1OB0 -300A 10- 1OBO -312A 10- 1OBO -319A 10- 1OBO -400A 10= 10B0 -499A $14,086.00 Compensation of Electrical Inspectors Dues, Memberships and Subscriptions Insurance Premiums - Vehicles Repair and Replacement - Vehicles Repair and Replacement - Radio Traveling Expenses Schooling and Training Other Expenses Auto Tires and patts Motor Fuels and Lubricants Office Supplies Motor Vehicle Misc. Equipment (Radio) Total $ 5,536.00 50.00 175.00 350.00 25.00 75.00 100.00 25.00 200.00 425.00 75.00 5,850.00 1,200.00 $14,086.00 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, R. Thomas Malcolm, and Will L. Owings. Nay - Dr. Raymond L. Fish. k PLAT REVISION - PLYMN OWENS ESTATES ' OPEQUON DISTRICT APPROVED Mr. Berg presented the request for plat revision to Lots C and D in Plymn Owens Estates and stated that .338 acres would be added to Lot C. 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, Virginia does herein approve the plat revision to Plymn Owens Estates, Section II in the Opequon Magisterial District to add .338 acres of Lot D to Lot C on said plat. 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 R. Thomas Malcolm. PLAT REVISION CHARLES W.: RICHARD SHAWNEE DISTRICT - APPROVED Mr. Berg presented the request for plat revision of Charles W. Richard in the Shawnee District. Mr. Malcolm stated that he had received no objections to this request. Upon motion made by R. Thomas Malcolm and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors•of the County of Frederick, Virginia does herein approve the plat revision for a lot line adjustment between Parcel A: Parcel B of the lots owned by Charles W. Richard fronting old Route 522 '(Garber Road) in the Shawnee 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, and R. Thomas Malcolm. REQUEST FOR ROAD ADDITION - ZEIGER DRIVE, BACK CREEK DISTRICT - 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 request the Virginia Department of Highways and Transportation to accept, into the Secondary Road system the following road in Zeiger Subdivison, Section II, Back Creek Magisterial District, pursuant to the provisions of Section 33.1 -229 of the Code of Virginia, 1.950, as amended: Zeiger Drive from Route 616 northward a distance of .23 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 heed Book 451, Page 741, dated July 25, 1975. BE IT FURTHER RESOLVED, That inasmuch as the developer defected in his performance bond and has no further financial interest in this subdivision and this road was constructed by the County, the County hereby requests the Virginia Department of Highways and Transportation to waive the maintenance bond on said road with the stipulation that the County will reimburse the Department of Highways for any costs incurred due to faulty workmanship or materials in said 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, and R. Thomas Malcolm. I • L • 11 379 PROPOSED AMENDMENTS TO SUBDIVISION CODE TO BE READVERTISED FOR PUBLIC HEARING Following a brief discussion, Lawrecne R,. Ambrogi, legal counsel to the Board advised that he felt the proposed amendments to the Subdivision Code should be re- advertised before the Board takes actions on this matter. He futher advised that inasmuch as no major changes will be made to the original amendments, he did not feel it was necessary to send them back to the Towns of Stephens City and Middletown or the City of Winchester for comment. Upon motion made by Thomas-B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein direct that the proposed amendments to the Subdivision Code of Frederick% be readvertised for joint public hearing betweeen the Frederick County Board of Supervisors and the Frederick County Planning Commission at the earliest possible date in January, 1979. The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Thomas B. Rosenberger, R. Thomas Malcolm, and Will L. Owings, Nay - Dr. Raymond L. Fish. ROUTE 681 PROJECT DISCUSSED Dr. Fish stated that he had been asked-by Mr. King of the Highway Department to bring the Route 681 project up for discussion in order that a decision might be reached on this matter, but that inasmuch as Mr. King was not present, he would not be adverse to withholding action on this matter should the Board so desire. Mr. Renalds advised that Mr. King had stated that when the Board approved the six year plan this project was not included and he requested that some action be '__ taken. Mr. Elmer Venskoske stated that he felt the Highway Department had neglected to • maintain this bridge. He;adddd - that he was not against progress and felt the road needed attention but requested the Board to consider the cost of the project inas- much as he felt the money could be used more wisely in other parts of the County. Mr. Ed Lipiec appeared before the Board and stated that he was concerned about maintaining reasonable access to his property should this project proceed. He stated that the access as now planned would be an .insurmountable problem to him inasmuch as it floods at least four to five times a year. Dr. Fish asked if the Highway Department had contacted either Mr. Lipiec or • Mr. Venskoske regarding their comments following the public hearing on this matter and Mr. Venskoske replied that they had not. Mr. Lipiec stated that he had talked with Mr. Chiles about changing the access to the road but had not been contacted again regarding this matter. Following a brief discussion, it was the consensus of the Board not to take action on this matter until such time as the Highway Department notifies the Board of the results of the public hearing on the project. Mr. Koontz requested Dr. Fish to investigate this matter and report back to the Board the results of the public hearing and the impact of this Board's decision on the project. RECOMMENDATIONS FROM COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT Mr. Malcolm presented the recommendations from the Committee on Engineering and. Code Enforcement and the following action was taken: i Ow SALE OF FORD TRASH TRUCK TO KWICK -KLEAN REFUSE DIVISION - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the sale of the Ford trash truck owned by the County to Kwick -Klean Refuse Division of Browning - Ferris Industries for the sum 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 R. Thomas Malcolm. TO AMEND THE.FREDEP.ICK COUNTY CODE OF 1976, CHAPTER 14 FOR FURTHER STUDY AND RECOMMENDATION Following a brief discussion regarding the requirements set forth in the proposed amendments to the ordinance regulating the construction of hog pens, in the County, the Board referred this ordinance back to the Committee on Engineering and Code Enforcement for further study and recommendation. STATION AT CLEARBROOK 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 construction of a compaction solid waste collection) station at the Clearbrook park site where small containers are currently being utilized with the understanding that the entrance road would be constructed to a prime and double seal hard surface standard and maintained by the County. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Will L. Owingsz ROAD VIEWERS REPORTS ACCEPTED AS SUBMITTED 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 accept the Road viewers Reports 1978 -1979 as submitted, . a copy of which shall be retained on file in the office of the County Administrator. The above resolution was passed by.the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosehberger, Dr. Raymond L. Fish, Will L.. Owings, and R. Thomas Malcolm. FINANCE COMMITTEE RECOMMENDATIONS Mr. Rosenberger presented the recommendations of the Finance Committee and the following action; was taken: SOIL SURVEY AGREEMENT APPROVED AS SUBMITTED Following review, the Board approved the Amendment to the Soil Survey Agree- ment between Frederick County, Virginia and the Soil Conservation Service, United States Department of Agriculture, as submitted, a copy of said agreement to be retained on file in the office of the County Administrator. EXPENDITURE OF COUNTER - CYCLICAL, TITLE II FUNDS - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County. of Frederick, Virginia does herein approve the expenditure of the Counter - Cyclical Funds, Title II as follows: Typewriter - Welfare Department $650.00 • • • E Calculator - Welfare Department Portable Radio - County Administrator Portable Calculator- Commissioner.of Revenue CalculatornTreasurer - n $160.00 $741.001 $118.00 $180.00 total $1;.849.00 The above resolution was passed by the following recorded vote: Aye-- u S. Roger Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. ' SUPPLEMENTAL APP BASE STATION FOR ! Mr. Rosenberger requested that this matter be tabled until the next meeting of the Board in order that the Sheriff might be present to discuss this proposal. 5.600 FOR VEHICLE 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 a supplemental appropriation in the amount of $5,600 for the purchase of a replacement vehicle in the Inspections Department. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B: Rosenberger Dr. Raymond L.'Fish, R. Thomas Malcolm, and Will L. Owings. SUPPLEMENTAL APPROPRIATION REGIONAL JAIL PROJECT LEAA GRANT - APPROVED Upon motion made by Thomas B. Rosehberger 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 $245.10 for the County's share of the LEAA grant for the Regional Jail Project. The above resolution was passed by the following recorded vote: Aye - \J S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. ESTABLISHMENT OF PETTY Upon motion made by Thomas B. Rosenberger and by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, does herein approve the establishment of a petty cash fund in the amount of $25.00 for the Parks and Recreation Department Office. The above resolution passed by the following recorded.vote: Aye - • S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. COUNTY FIREMENS' 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, ia, does herein approve a supplemental appropriation of $7,000 to the rederick County Firemen's Association for communications and alarm equipment and installation to be used in conjunction with the joint Frederick - Winchester Fire ispatching System. The.above resolution was passed by the follwing recorded vote: Aye - . Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings. 38a - 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 a supplemental appropriation in the amount of $719, to fund the joint fire dispatching system with-the City of Winchester, from December 15, 1978 through June 30, 1979; and, BE IT FURTHER RESOLVED, That the Board does herein approve the Frederick- Winchester Fire Dispatching Agreement as submitted and does authorize the Chairman of the Board of Supervisors and the County Administrator to execute said agreement on behalf of 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, acid R. Thomas Malcolm. Fish, LEASE OF COUNTY OWNED VAN BY SHENANDOAH AREA ON AGENCY - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following lease regarding use of the County owned van by the Shenandoah Area Agency on Aging for services for local senior citizens, said agreement to be effective through March 1, 1979; A G R E E M E N T This agreement, made entered into this 30th day of November, 1978, by and between the Shenandoah Area Agency on Aging, Inc., party of the first part, and the County of'Frederick, Virginia, party of the second part. WHEREAS, the Shenandoah Area Agency on Aging, Inc., and the Frederick County Parks and Recreation Department have shared the use of a County owned van to deliver services for local senior citizens, and; WHEREAS, the agreement under which this arrangement was conducted terminated September 30, 1978, and; WHEREAS, the County of Frederick has not been compensated for the use of the van by the Shenandoah Area Agency on Aging, Inc., since June 30, 1978: NOW, THEREFORE WITNESSETH: The Shenandoah Area Agency on Aging Inc., hereby agrees to pay the County of Frederick, Virginia at a rate of .15 cents per mile for mileage placed on the van while in control of the Shenandoah Area Agency on Aging, Inc., or its agent. This reimbursement shall be retroactive to July 1, 1978. BE IT FURTHER UNDERSTOOD, That this agreement shall be effective through March 1, 1979, at which time a new agreement if granted, would be negotiated, and; BE IT FURTHER UNDERSTOOD, That the County Administrator or his authorized agent shall be able to regulate the use and scheduling of this vehicle. /s/ Michael A. Toht /s/ J. O. Renalds, III Executive Director, Shenandoah County Ad m inistrator Area Agency on Aging, Inc. County of Frederick Virginia The above resolution was passed by the following recorded vote: Aye S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. BAN ON OPEN BURNING RESCINDED 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 rescind the ban regarding open burning in the County which was imposed on November.8, 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,, and R. Thomas Malcolm. • is • • I RECOMMENDATIONS FROM COMMITTEE ON LAW ENFORCEMENT AND COURTS Dr. Fish presented the recommendations from the Committee on Law Enforcement and Courts and the following action was taken. AMENDMENT TO CRIMINAL Upon motion made by Dr. Raymond L. "F.ish and.seconded by Thomas B. Rosenberger, BE IT RESOLVED, That theBoard of Supervisors of the County of Frederick, • Virginia, does herein approve the proposal to amend Section 4(B) of the Charter of the Central Shenandoah Criminal Justice Training Center by the addition of the following: 3. Effective July 1, 1979 budget category 12C TRAVEL item 1.2 Training Subsistence will be apportioned according to the above formula among the participating governing bodies eligible for training.subsistence (department location over 50 miles from the Training Center) The above resolution was passed by the following recorded vote: Aye - u S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. BOND REDUCTION OPEQUON ESTATES - STONEWALL DISTRICT - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the reduction of the bond currently held on Opequon Estates to 208 or $10,333 inasmuch as the streets in said subdivision have been constructed in accordance with Highway Department standards. 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 R. Thomas Malcolm. 0 ANNOUNCEMENT VACO AND VML MEETING The Chairman urged all Board members to attend the Virginia Association of • Counties - Virginia Municipal League Meeting to be held in Harrisonburg on December 7, 1978 to discuss important upcoming legislation. CRITERIA FOR SELECTION OF SCHOOL BOARD MEMBERS DISCUSSED Mr. Owings stated that he felt the Board should begin serious consideration regarding the establishment of criteria for the appointment of school Board members. He then presented a listing of several qualifications and requirements he felt should be included in this criteria and requested each board member to study these recommendations so that they might be discussed in the near future. REQUEST THAT FORD ON ROUTE 740 BE ABANDONED - REFERRED TO HIGHWAY DEPARTMENT • 0 The Chairman requested the County Administrator to contact the Highway Department and request that the abandonment of the old ford on Route 740 at DeHaven be investigated. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Qc- Ch irm n DQarcl of up ry sors gecretary, Board of•Superv'sors