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October 01, 1975 to January 14, 197636 At a Joint Public Hearing of the Frederick County Board of Supervisors and the Frederick County Planning Commission, held on the 1st day of October, 1975, in the Board of Supervisors' Meeting,'Room, 9 Court Square, Winchester, Virginia. BOARD OF SUPERVISORS: PRESENT - J. Robert Russell,'Vice Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. ABSENT - Raymond C. Sandy, Chairman. PLANNING COMMISSION: PRESENT - Keith Williams, Chairman; Elmer Venskoske, Vice Chairman; Manuel C. DeHaven; C. Langdon Gordon; and Frank Brumback. ABSENT - James W. Golladay, Sr. Vice Chairman J. Robert Russell called the meeting to order. Mr. Ronald Berg, Frederick County Planner, briefly described the Land Use Plan and the various considerations the Planning Commission had observed in formulating this plan. He explained the goals the plan is designed to accomplish and the objectives of each. Mr. Berg stated that the Land Use Plan would serve as a guide to the develop- ment of Frederick County to the year 1990. Mr. Keith Williams asked if there were any comments from the audience. Mr. Joseph Massie appeared before the Board and stated that he had been unable secure a copy of the Land Use Plan for study and therefore felt action on the same should be withheld until such time as sufficient copies are available for public re- view and study. Mr. Berg stated that there are three copies of the plan in circulation and one copy in his office for public review. Mr. Zieger appeared before the Board and stated that he had on several occasions attempted to obtain a copy of the proposed land use plan for study and has not been able to do so. He requested that the Board make available copies of the plan to the public for review and study before it is adopted. Mrs. Ann Nuri stated that she felt any citizen who wanted a copy of the plan could obtain one. She stated that she had borrowed a copy of the plan and had it xeroxed for her own personal use and that any other citizen could have done the same had they so desired. Mr. Kenneth Stiles stated that when the meeting at Stonewall School was held to discuss the land use plan, the people had reqeusted that copies of the plan be made available to the public and this had not been done. Mr. Russell stated that he felt the people should have a copy of the Plan for study but he felt that inasmuch as the hearing had been convened comments should be taken on the proposed plan. Mr. Robert Mitchell, Attorney, appeared before the Board representing several residents who own land west of Route 37 and stated that the landowners had indicated their concern about the proposed designation of this property from the beginning of the preparation of the land use plan. He stated that a petition had been presented previously to the Planning Commission in opposition to the property being designated agricultural in the proposed plan. Mr. Mitchell then read Section 15.1 -446.1 of the Code stating that this was the enabling statute for the enactment of a land use plan. He stated that the people he represented did not feel the guidelines of this statute had been followed in the pre- paration of the plan insofar as trends of growth are concerned. He further stated that the property owners felt this property should be designated residential inasmuch as it is a growth area as set forth in the guidelines contained in the State Code. E • I] ul LJ r 1 910 Mr. Mitchell stated that the property owners had engaged Mr. Hugh Dussenger, a land development engineer, to conduct a study of this area and he had reported that based on drainage and all other factors, this area is appropriate for residential de- velopment. ' He then introduced Mr. ° Rosser Payne, a professional planner who had been engaged to study this area on behalf of the residents. Mr. Payne appeared before the Board and presented his report stating that the area studied was approximately ten square miles. He briefly reviewed the report and stated that it would appear to him, from a planning point of view, and under the statutes quoted by Mr. Mitchell,.that this area would be best suited for residential development rather than agricultural use as set forth in the proposed plan. • Mr. Madigan asked Mr. Payne if he had determined how much of the area would be developed residentially and how much would be developed commercially and Mr. Payne stated that he had not made this a part of his study but that certainly there would b some commercial and industrial development in the area. Mr. Payne further stated tha the request made by the residents was that the area be predominantly residential. Mr. Madigan stated that he was not in favor of having a residential community an industrial areas located in a hodge podge manner. Lot size in the agricultural district was discussed. In the.rural community section, the recommendation setting forth that no change • be made in the County Subdivision practice of exempting five acre lots and family tracts and developments with lots smaller than five acres will be provided central water and sewer service and streets the expense of the developer was discussed at length. Mr. Lang Gordon stated that the plan could be amended and would be reviewed in five years and that adjustments could be made whenever necessary. Mr. Garland Cather appeared before the Board representing residents in the Round Hill area and presented petitions containing 120 names setting forth points of the plan the residents are opposed to. He stated that the residents felt that Round Hill • should be included in the Community Center Section set forth in the plan inasmuch as they are in the same drainage area discussed by Mr. Payne. He further stated that they also felt there were not enough copies of the plan available to the public for study. He described the Round Hill community and stated that they felt they deserved equal treatment with the other community centers in Frederick County. In the Highway Development District, the 400 foot road frontage requirement was discussed at length. Mr. John Pickeral appeared before the Board and stated that he also felt there were not enough copies of the plan available to the public. He urged the Board to re- • duce the forth sixty square miles set for development inasmuch as he felt this was to( large an area for development and would be detrimental to the people of Frederick County. He requested the Board to review the plan and consider the reduction of this proposed development area and to retain the five acre lot requirement set forth on Page 24 of the plan. Mr. Sam Cravotta appeared before..the`Board and stated that he felt..the proposed ' land use plan was a good thing and that some politically and economically influential were objecting to it because they have land lose it people speculated on and might on should the plan be adopted. He stated that he did not feel people of political and economic influence should be allowed to delay or undo such plans and politics should be left out of the matter completely. Mr. Delmar Robinson appeared before the Board and stated that the residents of 910 the area to which Mr. Cravotta eluded were requesting the addition of ten square miles to the development district and they were not land speculators but had owned property in this area for a number of years. He further stated that they based their request on the fact that this area is logically located to expand around the perimeter of the City of Winchester and they felt they should be allowed to use the land for its best , use. Mr. Joseph Massie stated that he objected to the requirement for central water and sewer on lots less than five acres inasmuch as it would not be feasible and would prohibit the small developer from developing his property. He cited a case in the State of Pennsylvania where the courts had held that three acre lots were too large and stated that should this requirement for five acre lots be adopted he felt the County would find-itself in a law suit which it could not win. • Mr. Madigan asked Mr. Massie what size lots he felt should be required and Mr. Massie replied that he felt the lot sizes set forth in the County ordinance were suf- ficient. Mr. Charles Orndorff appeared before the Board and stated that several people ha attended the public meetings held on this plan and had made suggestions which had not been incorporated into the plan. He objected to the five acre requirement stating that he intended to give each of his children a lot from his farm on which to build a , home and under this requirement he must give them each five acres or more. • Mr. Berg stated that family tracts were exempt from this requirement. There followed a lengthy discussion as to whether it would be discriminatory to exempt family tracts from this requirement and apply it to developers. Mr. Russell suggested that the hearing be delayed in order that the plan might be made available to the public for review and study. Mr. Manuel DeHaven stated that he had objected to several points in the plan and would suggest that on Page 28 of the plan the lot size should be three acres and the road frontage 300 feet. Mr. Madigan, as a member of the Planning Commission, moved that because of the input received from the public at this hearing, 500 copies of the Land Use Plan be • made available to the public; that the Planning Commission be requested to take the recommendation of the addition of ten square miles west of Route 37 into the resident- , ial development district into consideration; that the zoning ordinance be followed as to lot sizes and water and sewer dealing with the development of lots smaller than five acres as it is not feasible to water and sewer large lots; that consideration be given to the 400 foot road frontage requirement; and that Round Hill be included as one of the Community Centers in the proposed plan. Mr. DeHaven seconded Mr. Madigan's motion. • The motion was defeated by the following recorded vote: Richard F. Madigan, Aye; Manuel DeHaven, Aye; Keith Williams, Nay; Langdon Gordon, Nay; Frank Brumback, Nay, and Elmer Venskoske, Abstaining. Mr. Madigan then moved, as a member of the Board of Supervisors, that the Land Use Plan be sent back to the Planning Commission and that the Commission be directed to rework the plan with the ten square miles included as an urban development distric ; that the lot sizes correspond with the zoning ordinance along with the road frontages; that Round Hill be included in the plan as a Community Center; and that 500 copies of , the plan be made available to the public. Mr. Hodgson stated that he would not vote to direct the Planning Commission to make these changes but would agree to send the plan back to them for their considera- tion of the above recommendations. Mr. Madigan agreed to amend his motion to request the Planning Commission to con. sider the above recommendations contained in his original motion. Mr. Cole seconded Mr. Madigan's amended motion. The motion was carried by the following recorded vote: J. Robert Russell, Aye; 0 (Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE ABOARD OF SUPERVISORS DO NOW ADJOURN. i i ��V, 2 Chairnta-rf�d. of - . = - C r At a Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia held on the 8th day of October, 1975, in the Board of Supervisors Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis T 1 r 1 U Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order. (AMENDMENT TO MINUTES OF SEPTEMBER 10. 1975 - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein amend the minutes of the Regular Meeting of this Board held on September 10, 1975, to correct the amount of bills approved from $76,596.80 to $88,202.92. The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF MINUTES Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 1 ginia does herein approve the minutes of the Regular Meeting of this Board held on September 10, 1975 as amended. The above resolution was passed by the following recorded vote: Raymond C. Sand, • Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF BILLS Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the bills for the month of September, 1975 in the amount o $83,087.82 and does order the same paid by Warrants #11603 through #11802 and Warrant #11804. The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell,'Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF PAYROLL Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the payroll ini.the amount of $65,491.19 and does order the we same paid by Warrants #11496 through #11602. The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard. F. Madigan, Aye. FROM HIGHWAY DEPARTMENT - ROAD ADDITION ROUTE 632 - Mr. King of the Highway Department appeared before the Board and requested that resolution be adopted abandoning a section of Route 632 and requesting addition of a new section to replace the abandoned area, said road being the recently constructed access road to the Unisil Plant at Gore. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, WHEREAS, Secondary Route 632, from Route 704 to .40 miles south of Route 704, a distance of .40 miles, has been altered, and a new road has been constructed and ap- proved by the State Highway and Transportation Commissioner, which new road serves same citizens as the road so altered and, WHEREAS, certain sections of this new road follows new locations, these being shown on the attached sketch titled, "Changes in Secondary System Due to Relocation and Construction on Route 632, Project 0632- 034 -153, C501, dated at Edinburg, Virg October 6, 1975 ". NOW, THEREFORE, BE IT RESOLVED, That the portions of Secondary Route 632, i.e., Section 1, shown in red on the sketch titled, "Changes in Secondary System Due to Re- location and Construction on Route 632, Project 0632- 034 -153, C501 dated at Edinburg, Virginia October 6, 1975 ", a total distance of .13 miles be, and hereby is, added to the Secondary System of State Highways, pursuant to Section 33.1 -229 of the Code of Virginia of 1950 as amended; And further, that the sections of.old location, i.e., Section 3, shown in blue the afore - mentioned sketch, a total distance of .10 miles, be, and the same hereby is abandoned as a public road, pursuant to Section 33.1 -155 of the Code of Virginia 1950 as amended; And further, that the section of old location, i.e. Section 2 shown in green on the afore - mentioned sketch, a total distance of .10 miles be retained in the System. The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AMENDMENT TO SOLENBERGER HARDWARE SITE PLAN - TABLED Mr. Berg stated that the original site plan for Solenberger's Hardware had for a 50 foot entrance, but the highway department felt that a 35 foot entrance would Ibe sufficient. Mr. Cole stated that he felt because of the location of the property on this si (plan he did not feel a 35 foot entrance would be sufficient. He further stated he (would like to see the plans for a 35 foot entrance, including the deceleration lane proposed before voting on its approval. Upon motion made by Richard F. Madigan and seocnded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that the Amendment to Solenberger's Hardware Site Plan to provide a 35 foot entrance instead of the 50 foot entrance called for in the original site plan be tabled until the meeting of October 22, 1975. The above resolution was passed by the following recorded vote: Raymond C. Sands Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard • • • • 41 F. Madigan, Aye. REQUEST FOR REPAIRS TO RAILROAD CROSSING ON ROUTE 50 WEST Mr. Russell asked Mr. King to look into having the Railroad Crossing on Route 50 proval the trappers would be in-the southern part'of -the County the lst of November to trap rabid foxes. He furtheristated that the property owners would be contacted before the - trappers began their operations. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 1 ginia, does hereby approve the request of the Health Department to have State trapper trap rabid foxes in the Southern part of Frederick County beginning November 1st. The above resolution was passed by the following recorded vote: Raymond C. Sa • Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. WILLIAM WHITEHEAD ADDRESSESS BOARD CONCERNING INSTA -PHONE Mr. William Whitehead, Reginal Coordinator of the State Office of Emergency Ser- r- I L vices appeared before the Board and stated that he was requesting the Board to pass a resolution approving the use of the insta -phone system. He-stated that this system would be used as a warning system to Frederick County inasmuch as it is tied into the whole Planning District and would be installed in the Sheriff's Department for twenty four hour coverage. He advised that this system would put the local sheriff's depart ment in touch with all sheriff's departments throughout the state and it could not be monitored as the sheriff's radio system is. Mr. Whitehead stated that the system would cost the County approximately $450 per year. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does hereby approve the following agreement for the installation of a insta- phone at the Frederick County Jail and does hereby authorize J. 0. Renalds, III as County Administrator, to execute this agreement on behalf of the County. COMMONWEALTH OF VIRGINIA • OFFICE OF EMERGENCY SERVICES AGREEMENT This Agreement between the Virginia State Office of Emergency Services and the Political Subdivision(s) indicated below is in support of the Vir- ginia State Warning Plan. It is agreed the Virginia State Office of Emergency Services will be the Administrative, Fiscal and Contract Office and will perform the follow- ing acts: 1. Accept payments from the political subdivision(s) for .their share of the Insta -Phone telephone costs. 2. Contract with telephone company for service. 3. Procure, as available, those Federal and /or State funds to assist in defraying costs of the system. 4. Administer the system in accordance with those plans and con- cepts expressed within this document and the Virginia State Warning Plan, to provide for reliable and rapid warning to West, just before Hayfield, repaired as it is in bad need of repair, especially on th ' West bound lane. Mr. Madigan asked Mr. King if he would also check into the East bound lane on th right side located in Back Creek District. Mr. King stated he would check into this matter. HEALTH DEPARTMENT REPORT Mr. Roy Williams appeared before the Board and stated that with the Board's ap- proval the trappers would be in-the southern part'of -the County the lst of November to trap rabid foxes. He furtheristated that the property owners would be contacted before the - trappers began their operations. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 1 ginia, does hereby approve the request of the Health Department to have State trapper trap rabid foxes in the Southern part of Frederick County beginning November 1st. The above resolution was passed by the following recorded vote: Raymond C. Sa • Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. WILLIAM WHITEHEAD ADDRESSESS BOARD CONCERNING INSTA -PHONE Mr. William Whitehead, Reginal Coordinator of the State Office of Emergency Ser- r- I L vices appeared before the Board and stated that he was requesting the Board to pass a resolution approving the use of the insta -phone system. He-stated that this system would be used as a warning system to Frederick County inasmuch as it is tied into the whole Planning District and would be installed in the Sheriff's Department for twenty four hour coverage. He advised that this system would put the local sheriff's depart ment in touch with all sheriff's departments throughout the state and it could not be monitored as the sheriff's radio system is. Mr. Whitehead stated that the system would cost the County approximately $450 per year. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does hereby approve the following agreement for the installation of a insta- phone at the Frederick County Jail and does hereby authorize J. 0. Renalds, III as County Administrator, to execute this agreement on behalf of the County. COMMONWEALTH OF VIRGINIA • OFFICE OF EMERGENCY SERVICES AGREEMENT This Agreement between the Virginia State Office of Emergency Services and the Political Subdivision(s) indicated below is in support of the Vir- ginia State Warning Plan. It is agreed the Virginia State Office of Emergency Services will be the Administrative, Fiscal and Contract Office and will perform the follow- ing acts: 1. Accept payments from the political subdivision(s) for .their share of the Insta -Phone telephone costs. 2. Contract with telephone company for service. 3. Procure, as available, those Federal and /or State funds to assist in defraying costs of the system. 4. Administer the system in accordance with those plans and con- cepts expressed within this document and the Virginia State Warning Plan, to provide for reliable and rapid warning to 42 the political subdivision(s) indicated below. It is agreed that the political subdivision(s) indicated below will: 1. Accept the telephone service ( Insta- Phone) and use it for warning purposes as contained in the Virginia State Warning Plan and in accordance with Local Warning Plans. 2. Pay to the Virginia State Office of Emergency Services the political subdivision(s) share of the costs of the system on an annual basis, in advance not to exceed $450 per annum. The per annum cost will be negotiable from year to year be- cause of possible fluctuations in telephone rates. 3. Keep an approved standard operating procedure posted at the Insta -Phone instrument for immediate use giving current tele- phone numbers and /or other information as to how the Emer- gency Services Director or his agent (Coordinator, etc.) may be reached for warning purposes. 4. Abide by reasonable rules of conduct and language as may be indicated by common sense or otherwise spelled out in direct- ives from the Virginia State Office of Emergency Services. This Agreement is for a period from installation to June 30, 1976 It is automatically renewed for a one -year period on each June 30 there- after unless notice is given in writing ninety (90) or more prior to'' the anniversary date of the agreement or unless it is cancelled with ninety (90) days written notice at any other time either from the political subdi- vision to the Virginia State Office of Emergency Services or conversely. Official: /s/ J. O. Renalds, III (Authorized Official) 10/8/75 (Date) County Administrator (Title) State Coordinator (Date) 7 C11 R E S O L U T I O N On motion made and duly seconded and carried on 10/8/75 be it re- (Date) solved that the Frederick County Board of Supervisors hereby accepts the terms of the above stated Agreement. /s/ J. O. Renalds, III (Authorized Official) County Administrator (Title) The above resolution was passed by the following recorded vote: Raymond C. Sandy,I ; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard Madigan, Aye. - VIRGINIA DIVISION MOBILE RADIO DISCUSSED - Mr. Frank Sherwood, Forrester with the Virginia Division of Forestry, appeared fore the Board and stated that he would like to request permission to purchase a adio that would be on the County Fire frequency to be placed in the Virginia Fore t in Frederick County. He stated that the cost of this radio would be approximate 870 according to a price received two months ago and would be' purchased on State Con- Mr. Cole stated that he thought this should be referred back to the Committee on Enforcement and Courts for their study and recommendation. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- Iinia, does hereby refer the request of the Virginia Division of Forestry for a 2 -way (radio to the Committee on Law Enforcement and Courts for study and recommendation. The above resolution was passed by the following recorded vote: Raymond C. Sa (Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard IF. Madigan, Aye. Cl F , 11 L E \J C , J COMMONWEALTH ATTORNEY ADDRESSES BOARD CONCERNING LETTER ON BONDING TO ATTORNEY GENERA Mr. Ambrogi, Commonwealth Attorney, appeared before the Board and stated that he had received the transcript of the meeting of the Board of Supervisors of September 1 1975, but had not been able to meet with Mr. Johnston as the Board had requested in order that they might draft a letter to the Attorney General requesting certain an- swers on the question of bonding. He further stated he thought this could be done within the next week. Mr. Madigan asked Mr. Ambrogi if he had read the questions drafted by Mr. Johnst and if he objected to them. Mr. Ambrogi replied that he had read the questions and h did not object to them. Mr. Madigan asked if a letter to the Attorney General could be prepared by the next board meeting and Mr. Ambrogi stated that he felt it could. ORDINANCES AN ORDINANCE TO AMEND THE FREDERICK COUNTY ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZO ] 3.2160 ACRES MORE OR LESS OF SHENANDOAH VALLEY BANK AND THOMAS C. BAKER IN BACK CREEK MAGISTERIAL DISTRICT FROM INDUSTRIAL GENERAL (M -2) TO INDUSTRIAL, LIMITED (M -1) - FIRST AND SECOND READING - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the following ordinance on first and second reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 3.2160 ACRES, MORE OR LESS, OF SHENANDOAH VALLEY BANK AND THOMAS C. BAKER, LOCATED AT THE INTERSECTION OF ROUTE 652 AND ROUTE 816; IN BACK CREEK MAGIS- TERIAL DISTRICT; FROM INDUSTRIAL, GENERAL (M -2) TO INDUSTRIAL, LIMITED (M -1) The above resolution was passed by the following recorded vote: Raymond C. Sand , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Mr. Madigan abstained from discussion or voting on this matter. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1 1973 TO REZONE 2.608 ACRES, MORE OR LESS, OF ELLA R. BAKER IN GAINESBORO MAGISTERIAL DIS- TRICT FROM AGRICULTURAL LIMITED (A -1) TO RESIDENTIAL, LIMITED (R -1) - FIRST AND SECON READING - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does hereby approve the following ordinance on first and second reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 2.608 ACRES, MORE OR LESS, OF ELLA R. BAKER, LOCATED ON THE WEST SIDE OF ROUTE 608, AP- PROXIMATELY 1.4 MILES NORTH OF INTERSECTION WITH ROUTE 522; IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMIT- ED (A -1) TO RESIDENTIAL, LIMITED (R -1) The above resolution was passed by the following recorded vote: Raymond C. Sandi, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION_12 -1 -12 -FIRST AND.SECOND READING — APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does hereby approve the following ordinance on first and second reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 12 -1 -12 TO READ: 12 -1 -12: CONTRACTORS' EQUIPMENT STORAGE YARDS OR PLANTS, OR RENTAL OF EQUIPMENT COMMONLY USED BY CONTRACTORS, TO INCLUDE FARM AND INDUSTRIAL EQUIPMENT SALES AND SERVICE The above resolution was passed by the following recorded vote: Raymond C. Sand), Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1 1973 43 M TO AMEND SECTION 10 -1 -22 - FIRST AND SECOND READING - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does hereby approve the following ordinance on first and second reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 10 -1 -22 TO READ: 10 -1 -22: OFFICE EQUIPMENT AND LIGHT MACHINERY SALES AND SER- VICE, UNDER COVER, EXCLUDING THOSE ITEMS LISTED IN SECTION 12 -1 -12 The above resolution was passed by the following recorded vote: Raymond C. Sandi Aye;. J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. WATER & SEWER PERMIT - COLLEGE PARK SUBDIVISION - APPROVED Mr. Berg stated that this was really a clarification of the minutes inasmuch as Mr. Lages had previously come before the Board and requested an extension of City wate and sewer for Sections 4 of his subdivision and at that time there was a general mor- atorium on and the Board rejected his request. He advised that subsequently the mor- atorium was lifted and Mr. Lages presented his subdivision plat for Section 4 and it was approved and in approving Section 4 water & sewer extension was also approved. Mr. Berg stated that this fact is not stated in the minutes and thus the reason for this request. Mr. Renalds stated that this would include sewer connections to serve lots 48 through 59 in College Park Subdivision. Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the water and sewer permit for College Park Subdivision Section 4 for lots 48 through 59. The above resolution was passed by the following recorded vote: Raymond C. Sand} Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. MONTHLY STAFF REPORT After review the monthly staff report was approved. REQUEST FOR BOARD OF SUPERVISORS TO GRANT AUTHORITY TO THE FREDERICK COUNTY SCHOOL BOARD TO FILE APPLICATION FOR CETA TITLE VI FUNDS - APPROVED Dr. Wright appeared before the Baord and stated that the School Board would like to apply for the CETA Title VI funds from the Northern Valley Manpower Council AMPC XIII in order that they might hire 8 resource teachers to be used as substitute teach ers. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board her by grants authority to the Frederick County School Board to file application for CETA Title VI funds from the Northern Valley Manpower Council AMPC XIII; and BE IT FURTHER RESOLVED, That the Superintendent of Schools act as the official (presentative of the applicant to act in connection with the application and to such additional information as may be required; and, BE IT FURTHER RESOLVED, That if the application is approved by the proper a lities, the standard assurances and certifications will be complied with. The above resolution was passed by the following recorded vote: Raymond C. (Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard IF. Madigan, Aye. , i • is • • WRAM FREDERICK COUNTY SCHOOL BOARD REQUEST.FOR APPROPRIATION.FOR PURCHASE OF PROPERTY FOR NEW HIGH SCHOOL - TABLED Dr. Wright appeared before the Board and requested that the Board approve the appropriation of $309,758.91 in the budget ear marked for building fund to the opera- tional fund in order that the School Board might purchase the land they had taken an option on a month ago next to the Apple Pie Ridge School for the construction of a ne high school. Mr. Madigan asked Dr. Wright what the school board planned to do with the land that had been given to them on Route 50 West, Dr. Wright stated that they planned to hold the land for future use. Mr. Madigan asked Dr. Wright if he knew if the State Department was planning to • improve the access to the Apple Pie Ridge School or the site being considered for the new high school, inasmuch as he felt the location of the site was dangerous as it is now. Dr. Wright replied that he had reviewed this site with Mr. King, but he could say what the Highway Department would do in the next three or four years. Mr. Madigan asked Dr. Wright if the School Board had considered the cost of exca • vation for this site in comparison mith the site that had been donated. Dr. Wright replied that they did not have any figures on the excavation. He ther stated that when they accepted the site on Route 50 they had received alot of criticism. He stated that the School Board had taken all facts into consideration an felt the site they had chosen was the best site of all the ones considered and that h was not before the Board to discuss why this site had been chosen, but to get the ap- proval of the transfer of funds. Dr. Wright stated that anyone who wanted to discuss this with the School Board could come to one of the Board meetings. Mr. Sandy asked if this particular site had been presented to the Planning Com- mission. Dr. Wright replied No. Mr. Sandy stated that for good planning purposes he felt the schools should be • located where the people are. Dr. Wright reminded Mr. Sandy that this school was not being built with just the next year in mind, but rather the next forty to fifty years. Mr. Sandy replied that the map proposed in the Land Use Plan_ goes_ through 19.90 a he thought this was a good indication of what the development would be by this time. Dr. Wright stated that a number of people from the Stephens City area had • ed the new site as they wanted a new high school in the southern part of the County. He further stated that the Board had no intentions of building a new high school in southern part of the county or having a two high school system. sewer as well as the excavation cost between the Robinson site and the site on the Mr. Madigan stated that he would like to see more facts on the cost of water and Dther side of Sunnyside. Mr. Sandy stated that he thought there should be a public hearing between the School Board, the Board of Supervisors and the Planning Commission to discuss this tter. A lady from the audience asked why the School Board had not considered other lo- [7 with property at a lower cost than the proposed site. A lengthy discussion followed between Dr. Wright and citizens from the County erning the site of the new school and what the citizens termed a lack of response School board members to their questions and requests. Mr. Donald Baughman stated that the School Board members were not responsible to /. the people as they are not elected by the people but are appointed by the Circuit Court Judge. He further stated that the Board of Supervisors were responsible to the people since they were elected by the people and felt the board should delay action ol' a major decision such as this until the new board takes office in January. Dr. Wright stated that the School Board was responsible to the people even they were not elected by the people and that the School Board was in contact with people than any member of the Board of Supervisors. Mr. Solenberger appeared before the Board and stated he felt the Board of Super- visors was shirking their responsibility in not reaching a final decision on this school, inasmuch as they had agreed with the School Board in the past when this was discussed as to the location of this new high school. Several citizens stated that they were opposed to one large high school and felt that a two school concept would be more beneficial to the students. Manuel Semples appeared before the Board and urged their approval of the transfe of funds inasmuch as the schools are already over crowded and action must be taken very soon on the construction of a new school. Mr. Cole stated that he thought major decisions such as this should be tabled uni til the new board takes office as they would be the ones who would have to appropriat the money. There was a lengthy discussion regarding the use of James Wood as a high school and Dr. Wright stated that James Wood is not adequate for a high school. He stated that should this matter be delayed there was a good possibility that James Wood have to go to a double shift in the very near future. Mr. Hodgson moved to approve the resolution presented by Dr. Wright for the priation of funds for the purchase of property for the construction of a new high school. The motion was seconded by Mr. Cole. Mr. Cole then moved to table Mr. Hodgson's motion until the first of the year order that the new board might take action on this request inasmuch as they will to appropriate the funds for this project. Mr. Cole's motion was approved by the following recorded vote: Raymond C. Sand Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and R. Hodgson, Nay; stating that the longer this matter is delayed the more expensive i will become. FINANCE COMMITTEE RECOMMENDATIONS: REVENUE AND EXPENDITURE BUDGET ADJUSTMENT - CETA TITLE II FUNDS - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the following 1975 -76 budget adjustment is hereby authoriz'd: Increase Revenue Estimate 05 -6800 $77,829.00 Increase General Operating Fund Approp riation 18- 0181 -123 $77,829.00 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and F. Madigan, Aye. RESOLUTION AUTHORIZING PROF ING TO EMPLOYEE'S FLOWER FU FROM VENDING APPRO Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the profits realized from vending machines located in the County Administration buil INES IN COUNTY ADMINISTRATION BUILD- i • • • i • 47 ing are hereby authorized to be credited to the Employee's Flower Fund. The above resolution was passed by the following recorded vote: Raymond C. Sa Aye; J. Robert Russell, Aye; Dennis T'. .,Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. MICHIE CITY PUBLISHING COMPANY TO REPUBLISH COUNTY CODE - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby app n LJ the following agreement between Michie City Publications Company and the County of Frederick, Virginia, for the recodification and republishing of the Frederick County Code, and does hereby authorize J. 0. Renalds, III as County Administrator, to execut this agreement on behalf of the County. THIS AGREEMENT, made and entered into this day of 19 by and between MICHIE CITY PUBLICATIONS COMPANY, a corporation duly or- ganized, created and existing under the laws of the Commonwealth of Virginia, party of the first part, and the County of Frederick in the State of Vir- ginia, party of the second part, WITNESSETH: That, in consideration of the sums of money hereinafter n U agreed to be paid to the party of the first part by the party of the sec- ond part, the said Michie City Publications Company, party of the first part, agrees to and with the County of Frederick, party of the second part, and its successors and assigns, that it will do the following work and ren- der and perform the following services in connection with the preparation of the new Code of Ordinances for said Frederick County, Virginia, viz: EDITORIAL WORK 1. Codify the Ordinances of a general and permanent nature. In i the course of this work the Editors will work into proper places in the original Ordinances all amendments and shall delete from the original Ordinances the provisions that have been expressly repealed. Thus, each Ordinance will be made to reflect the last word of the governing body in that particular instance. 2. The Charter, if any, shall also be brought up to date by working into proper places all amendments thereto and such Charter shall be included in the new Code. 3. The Technical Codes, such as the Building, Plumbing and Electri- cal Codes, may be included or excluded at the option of the County Officials. Any Technical Codes which the County wishes • to adopt by reference will be accommodated by the Edi.tor's draft- ing an appropriate Ordinance to cover the situation. 4. The Ordinances shall be classified according to subject matter so that all related Ordinances shall be grouped together to con- stitute an individual chapter in the new Code manuscript. The amendatory provisions shall be accorded their proper places and the repealed, outmoded and antiquated provisions shall be elimin- ated. This applies to the provisions that have been expressly repealed and also to those which have been repealed by implica- tion, but all such provisions thought to be repealed by implica- tion first be brought to the attention of the County Attor- ney together with explanations thereof and for a ruling thereon , by the County Attorney. NOV 5. The Ordinances shall be edited for punctuation, grammar, and style by the Company's Editors. If in any case a change in substance of any Ordinance is thought possibly desirable, such situation will be called to the attention of the County Attor- ney with a statement of the reasons why such change may possi- bly be desirable. No such change in the substance of any ex- isting Ordinance shall be made unless the County Attorney has first given his express approval. Likewise the Editors may sub- mit to the County Attorney Ordinances of other localities with which they are familiar, covering subjects not covered, or not fully covered, by the existing Ordinances, but no such Ordinanc- es shall be included in the Code except upon the direction of the County Attorney. The County Attorney shall be free to ac- cept wholly or in part any or all of the suggestions submitted by the Company's Editors. The Editors shall not, without the approval of the County Attorney, omit any Ordinances even though they are believed to have been repealed or to have become obso- lete. 6. The Ordinances shall be checked against the corresponding Laws of the State, and any discrepancies between the Ordinances and such State Laws, shall be called to the attention of the County Attorney and changes made as he may direct. 7. The Ordinances shall also be checked against the decisions of the Court of last resort of the State, and any cases declaring any portion of such Ordinances unconstitutional, or construing them, shall be called to the attention of the County Attorney and changes made in the Ordinances as he shall direct. Refer- ences to any cases construing Ordinances contained in the Code, shall be made in the form of annotations to such Ordinances. 8. The Editors shall prepare accurate catchlines to the individual sections of the Ordinances. 9. The Editors shall also prepare a frontal analysis to each indi- vidual chapter of the Code. 10. Copious cross references and editorial footnotes shall be pre- pared and carried in appropriate places throughout the Code. 11. A complete and comprehensive general index to the entire Code shall be prepared by the Editors and included in the completed Code. 12. Codification of the Ordinances shall include the handling of all Ordinances passed by the governing body of the County of Frederick, Virginia up to the time the Code manuscript is re- viewed with.the County Attorney. Any Ordinances passed by the governing body subsequent to the date of the execution of this agreement, shall be forwarded from time to time to the Editor =. ial Offices of the Company so that such provisions may be ac- corded their proper places in the new Code manuscript. After the manuscript has been inspected and approved by the County Attorney, no new or additional material shall be added or in- corporated to the manuscript, but shall be retained for inclu- sion in Supplements to the Code. • • L 146 13. When editorially completed the Company shall notify the County Attorney and the Company will either send the Code manuscript to Frederick County by the Supervising Editor, and there review the manuscript with the County Attorney, or, in lieu thereof, the County Attorney may come to the Editorial Offices of the Com- pany in Charlottesville, Virginia, for the purpose of reviewing said manuscript. If the County Attorney elects to come to Char- lottesville, Virginia for such purpose, then the Company agrees to defray his5traveling. expenses from Frederick County, Virginia to Charlottesville and return, and his living expenses while in Charlottesville. n U 14. After being reviewed and approved by the County Attorney, the manuscript will be put in final form so as to include all chang- es that have been agreed upon at the editorial conference with the County Attorney. Thus, the manuscript will be put in shape for publishing in Code form. If proofs are furnished the County prior to final publication of the Code of Ordinances, and changes are made to the material set forth in such proofs other than changes agreed upon at con- ference, typographical mistakes or the original wording of the material furnishing to the Company for codification, then the County shall pay to the Company for each page so changed or des- troyed the page rate of $15.00 ($15.00). If proofs are furnished the County then the County must re- turn the proofs to the Company within sixty (60) days after the last of the proofs are furnished the County. Failure to so re- turn one set of the proofs within the specified sixty (60) days period, shall be deemed by the Company to consititue approval of I the proofs and may proceed with final printing. PUBLISHING THE CODE Michie City Publications Company agrees to publish the Code according to the following specifications: 1. The Company agrees to prepare for the County of Frederick, Vir -lr.' ginia, fifty (50) copies of the Code in multilith form. 2. The Code, as published in multilith form, shall be printed on a page measuring 8 1/2 x 11 inches. L� 3. Twenty -five (25) copies of the Code shall.be bound in looseleaf form, using the mechanical looseleaf binder. The remaining ty-five (25) copies shall be unbound, but trimmed, holes drilled and individually banded for future use. Each of the twenty -five (25) looseleaf bound copies shall contain lettering on the spine showing the official name of the publication and the lettering shall be in imitation gold. Additional binders may be ordered from the Company, at any time within two (2) years following the date of the execution of this contract, at a price not to exceed $9.50 ($9.50) per binder, when ordered in units of twenty -five (25) or more. This price includes the cost of the lettering on the binder. 4. The Company shall afford the County an opportunity to order re- prints of certain selected chapters from the Code, the price of 50 such reprints to be determined after the Company has ascertained the number of pages in the given chapter. ADOPTION OF CODE 1. On completion of the Code of Ordinances, the Company's Editors will draft and will submit to the County Attorney an Ordinance that will serve to effectively adopt officially the new Code of Ordinances. When this Ordinance is passed by the governing body, a copy thereof shall be sent to the Company so that the Company may prepare a sufficient number of copies thereof to accommodate all copies of the Code. SUPPLEMENTAL UPKEEP SERVICE 1. For a period of two (2) years following the completion of the Code proper, the Company will do the editorial work on and will publish for the County of Frederick, Virginia, fifty (50) copies of each supplemental or replacement page at a price of fourteen dollars and fifty cents ($14.50) per page. Each group of supple- mental or replacement pages will be trimmed, with holes drilled so as to fit in the mechanical looseleaf binder, and individually banded. No Supplement will ever be prepared without the written authorization from the County Officials. At the end of the two (2) -year period, the Company will discuss with the County Officials the matter of renewing the Supplement contract on the same terms or revising the terms, upwards or downwards, dependent upon the then prevailing conditions. ORDINANCES TO BE FURNISHED AND PAYMENT PROVISIONS The County of Frederick, Virginia contracts and agrees as follows: 1. To furnish Michie City Publications Company with three (3) copies of the last published Code of the County, if any was ever publish- ed. The County shall furnish the Company one (1) copy of each or- dinance; however, in the event that any of these copies have typed, written or printed matter on both the front and back sides, then at least two (2) copies of such ordinances shall be furnished the Company. The copies furnished the Company may be in form or carbon copies, or photostat form, or newspaper clipping form. The County of Frederick; Virginia shall also send to the Com- pany, three (3) copies of the County Charter, if any, together with copies of amendments thereto. 2. To pay Michie City Publications Company for the work herein con- tracted for, the sum of fifteen dollars ($15.00) per page. Any cuts or plates used in the printing of the Code, such as the reproduction of drawings, diagrams or emblems, or any tabular work, shall be paid for by the County. The moneys due the Company under this agreement shall be due and payable as follows: One thousand two hundred and fifty dollars ($1,250.00) shall be due and payable after the Company's Editors have completed the editorial work and have assembled the Ordinances in manuscript form (exclusive of the general index) and have reviewed the manu- script with the County Attorney, and after the County Attorney r • • • 1 • 51 has inspected the manuscript and released it for publishing. The remaining moneys due the Company under this Contract, shall be due and payable upon the completion of all work herein contracted for and the delivery of the copies of the Code from Charlottesville as ' herein provided. 3. To pay the delivery charges of the copies of the Code from lottesville, Virginia to Frederick County, Virginia. IN TESTIMONY WHEREOF, the said Michie City Publications Company, party of the first part, has caused this agreement to be executed in its name by its President and attested by its Assistant Secretary, and its corp- orate seal to be attached, all by order of its Board of Directors duly given, • and the said Frederick County, Virginia, party of the second part, has like- wise caused this agreement to be executed in its name by its and attested by its County Clerk, all by order of its governing body, this the day and year first above written. ATTEST: MICHIE CITY PUBLICATIONS COMPANY /s/ Blanche Boyer BY /s/ Charles W. Sublett Assistant Secretary • ATTEST: FREDERICK COUNTY, VIRGINIA BY County Clerk APPROVED AS TO FORM: • 11 County Attorney The above resolution was passed by the following recorded vote: Raymond C. ' Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Nay. FREDERICK COUNTY SANITATION AUTHORITY REQUEST FOR BUDGET FUNDS - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that loan in the amount of $43,196.38 is hereby authorized to the Frederick County Sanita- • Rion Authority. BE IT FURTHER RESOLVED, That said funds are hereby authorized to be expended f budget code 10- 01OH -902B of the General Fund and that this loan is a part of and not addition to the approved loans to the Frederick County Sanitation Authority as appro by this Board at a regular meeting on April 12, 1972, and is subject to the terms so established on that date. ' BE IT FURTHER RESOLVED, That breakdown of the funds requested is as follows: Acquisition of Plant Site $12,356.15 Engineering Design Fees 15,014.48 Bond Counsel Plumbing & Electrical Sunnyside Booster Station 1,527.02 7,532.73 __ __ _ _ IL _ 52 Legal Fees $ 6,670.00 Surveying Fees 96.00 TOTAL 43,196.38 The above resolution was passed by the following recorded vote: Raymond C. Sandy Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Abstaining. APPOINTMENT - MISS SHARAH SHRYOCK - TO SHENANDOAH AREA AGENCY ON AGING - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby appoi Miss Sarah Shryock to serve on the Shenandoah Area Agency on Aging. The above resolution was passed by the following recorded vote: Raymond C. Sand Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. JAMES DIEHL'S RESIGNATION AS REPRESENTATIVE FROM SHAWNEE DISTRICT ON THE SANITATION AUTHORITY - ACCEPTED Mr. James Diehl appeared before the Board and stated that he had moved from Shaw nee District to Back Creek District. He requested that his resignation as the repre- sentative from Shawnee District on the Frederick County Sanitation Authority be ac- cepted. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virgin does hereby accept the resignation of James Diehl as the representative from Shawnee District on the Frederick County Sanitation Authority. The above resolution was passed by the following recorded vote: Raymond C. Sand Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. JAMES DIEHL - APPOINTED TO FREDERICK COUNTY SANITATION AUTHORITY AS REPRESENTATIVE FROM BACK CREEK DISTRICT - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the appointment of James Diehl to serve as the representa- tive from Back Creek District on the Frederick County Sanitation Authority to fill th unexpired term of Mr. James Robeson who has recently moved from the area. The above resolution was passed by the following recorded vote: Raymond C. Sand Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. DONALD R. HODGSON APPOINTED TO SERVE AS REPRESENTATIVE FROM SHAWNEE DISTRICT ON SANI- IIPO Mr. Hodgson stated that he felt the Board should wait until the first of the year to appoint someone to the Sanitation Authority from Shawnee District. Mr. Madigan stated that he felt the Sanitation Authority needed full representa- tion, and should not wait until the first of the year to appoint someone to fill this vacancy and therefore he would like to place Mr. Donald R. Hodgson's name in nomina- tion to fill the unexpired term of Mr. Diehl which expires in April 1976. There were no other nominations. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein appoint Donald R. Hodgson to serve as the representative from Shaw- nee District on the Frederick County Sanitation Authority to fill the unexpired term of James Diehl. , L� • • L_ J • u ;K The above resolution was passed by the following recorded vote: Raymond C. Sand 1 Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard IF. Madigan, Aye. ISUPPLEIMENTAL APPROPRIATION FOR REPAIR OF DOG KENNEL ROAD NOT TO EXCEED $2.000 - AP- Mr. Harold Whitacre, Dog Warden, appeared before the Board and gave his monthly report. Mr. Hodgson stated that he felt that the road to the Dog Kennels was in dire n lof repair and after discussing this with Mr. Renalds he felt this could be done for 1$2,000. Mr. Cole stated that since so many others were using this road he did not feel -. • the county should bear the entire expense of fixing it and this would be setting a 1precedent. Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- �7 u • ginia, does herein approve a supplemental appropriation in an amount not to exceed $2,000 for the repair of the road leading into the Frederick County log Kennel. The above resolution -was passed by the following recorded vote: Raymond C. SandX, Aye; J. Robert Russell, Aye; Dennis T. Cole, Nay; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PARKS AND RECREATION COMMISSION REQUEST TRANSFER OF FUNDS TO PURCHASE DUMP TRUCK - APPROVED Mr. William Pike appeared before the Board and requested the Board to transfer $1500 in the budget..in•order that the Parks and Recreation Department might purchase dump truck. He stated that the Parks and Recreation Commission had decided not to purchase the mobile swimming pool and would like to spend $1500 of the money that had been appropriated for this pool to purchase a dump truck. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following • 1 approved: appropriation transfer within the 1975 -1976 General Fund Operating Budget is hereby FROM: 19 - 18F1 - 499 $1,500.00 TO: 19 - 18F4 - 400 $1,500.00 The above resolution was passed by the following recorded vote: Raymond C. Sandy,, • Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REQUEST FOR TAX REFUND - JAMES C. FIDDLER - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve a refund to Mr. James C. Fiddler in the amount of $7.40 an erroneous assessment on a mobile home. The above resolution was passed by the following recorded vote: Raymond C. Sand}!, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. RESIGNATION - JAMES W. GOLLADAY, SR. FROM FREDERICK COUNTY PLANNING COMMISSION - ACCEPTED Mr. Sandy read a letter received from Mr. James W. Golladay, Sr. stating that be 54 cause of health reasons he felt he could no longer serve on the Planning Commission. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does hereby accept the resignation of James W. Golladay, Sr, from the Frederick) County Planning Commission and does direct that a letter of appreciation be sent to Mr. Golladay for his many years of service on the Planning Commission. The above resolution was passed by the following recorded vote: Raymond C. Sandy Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard) F. Madigan, Aye. APPROVAL OF BILL - VIRGINIA SUPPLEMENTAL RETIREMENT SYSTEM Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Frederick County Board of Supervisors does herein payment in the amount of $1,669.26 to the Virginia Supplemental Retirement System by Warrant #11805. The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REPRODUCTION OF LAND USE PLAN PER BID OF WINCHESTER PRINTERS, INC. - Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the reproduction of 100 copies of the proposed Land Use Plan and Map at a price of $875.85 as set forth on the bid proposal of Winchester Printers, Inc. dated October 6, 1975; and, BE IT FURTHER RESOLVED, That the Board does herein direct that additional copies of said plan and map be printed when necessary without further authorization from Board; and, BE IT FURTHER RESOLVED, That the cost for reproduction of the proposed Land Use Plan and Map be expended from the $15,000 set aside under Category lA titled Special Services in the 1975 -76 Budget. The above resolution was passed by the following recorded vote: Raymond C. Sandy Aye; J. Robert Russell, Aye; Dennis T. Cole,. Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. • 1 • • 1 Chair n of Supdrv7isb cretary Bd. of Supervisors • At a Regular Meeting of the Board of Supervisors of the County of Frederick, Vir- ginia, held on the 22nd day of October, 1975, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy,Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order. 1 APPROVAL OF MINUTES Mr. Sandy requested that his vote on the Shackleford Rezoning Request set forth in the minutes of the Regular Meeting of this Board held on September 24, 1975, be a- mended to show Mr. Sandy not voting on this issue. n Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the minutes of the Regular Meeting of this Board held on September 24, 1975. The above resolution was passed by the following recorded vote: Raymond C ' Sandy , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and.Richardl F. Madigan, Aye. APPROVAL OF BILLS Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the payment of the following bills: 1. Randolph M. Underwood - Painting Courthouse Check Number 11808 - Amount $7,875.00 2. Treasurer of Virginia - Purchase of Dump Truck for Parks and Recreation Department - Check Number 11807 - Amount $1,100.00 The above resolution was passed by the following recorded vote: Raymond C. Sandi, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. NG ADDITION OF A PORTION OFF ROUTE 655 (LANDFILL ROAD) TO Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Virginia Department of Highways and Transportation is hereby requested to add a section of road from Route 655 to the Frederick - Winchester Sanitary Landfill, a distance of 0.5 miles, to the Secondary System of Frederick County pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended; and, BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Vir- n U ginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage; recorded in Deed Book 436, Page 112 dated June 27, 1974, Deed Book 436, Page 116 dated June 6, 1974, Deed Book 436, Page 120 dated May 23, 1974, and Deed Book 436, Page 124 dated June 18, 1974. The above resolution was passed by the following recorded vote: Raymond C. Sandi, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ROOM I 0_**P0 w13111 _11W47:iW. ITY Vhu Mr. Billy Jo Tisinger appeared before the Board representing Mr. J. L. Bowman • Mr. F. L. Glaize, III.in rezoning application. He stated that the Board had r ceived copies of a memorandum of position prepared by the petitioners. Mr. Tisinger requested the Board to correct the fifth line in said statement to read "development" area rather than "drainage" area. Mr. Tisinger stated that the questions raised at the last public hearing had before the Planning Commission and this was the third appearance before the Board and that the petitioners had attempted to answer these questions as best they could in their statement of position. He emphasized that the proposed development is at this time a concept and should it be approved, the Board of Supervisors would have the con tinuing policing authority of the development to see that the developers carry out th project as they have promised to do. Mr. Tisinger stated that they had tried in good faith to present the plans for this development and answer all questions. He request ed a vote of approval on this rezoning request. 55 56 Mr. Cole asked what assurances the Board had that this would be a recreational subdivision as opposed to a residential subdivision. Mr. Rosser Payne answered that they could not guarantee that 338 of this subdivi sion would be recreational, 338 would be residential and 338 would be retirement as set forth in their projections but that these figures were based on studies made of ' other recreational developments very similar to the proposed one in similar areas. H further stated that the intent of the developers is to construct a recreational subdi vision and that in the recreational subdivisions studied, the number of permanent hom s was far less than 338 including the two located in Frederick County. Mr. Payne ex- plained the process of reassessment of the property including three reassessments witi- in a 10 year period. He then explained the taxing of the residential lots in the sub - division should it be approved. • Mr. Cole stated that he felt the location of the property would make it conduciv to a permanent subdivision and he did not feel it could be compared with The Summit and Shawneeland. He then asked if an environmental impact study had been made on thi development. Mr. Tisinger stated that an environmental impact study had not been made inasmuc as the ordinance does not require it. if breakdown to how many acres would be ' Mr. Sandy asked there was any as platted in the first section submitted for approval and Mr. Tisinger answered that the subdi- • vision would be developed in sections but the number of acres in each section had not yet been developed. He stated that when the master plan is presented for approval th deed of dedication would be presented including the restrictions. Mr. Sandy stated that if the subdivision is developed in sections the Board woul have some control over the method of development. Mr. Mason Larwood stated that considering the alternatives, this project seems t be the most feasible approach but he felt there must be continuing monitoring by the County in order to insure that the intent of the R -5 zoning district is adhered to. Mr. E. E. Bayliss stated that he was in favor of this project and that he felt i was very well located and would be most successful. • Mrs. Ann Nuri stated that she felt the property would lose its beauty if it is developed in 1/2 acre lots. She stated that there is ample property to develop the ' project into 5 acre lots thereby preserving the natural beauty of the area. Mrs. Nur stated that she felt the developers should request rezoning and develop perhaps sever al hundred acres initially to see if the project is successful. Mrs. Nuri stated tha she was opposed to rezoning of this magnitude. Mr. Joseph Athey stated that he felt the Board should consider the fact that our natural beauty is disappearing through development in Frederick County. • Mrs. Margaret Starliper asked if the impact of this development would require an other school and Mr. Sandy answered that it could and this was why the Board was so concerned about the type of homes constructed inthe development. Mr. Madigan stated that he had conducted an impact study on this proposed develo - ment and when it totally sold out there will be 49.35 children. He stated that th lake and other recreational amenities and the security force provided by the subdivi- sion would - create less impact on County services of this type. He further stated tha he could see less impact on our welfare program inasmuch as the people moving into , this development would not be in the low income category, and that he felt the develo - ment would produce a high revenue for the County. Mr. Madigan stated that he did not see how the Board could prove that it would not be a recreational subdivision. He then presented his projections of revenue for .57 the County from this proposed development through the years 1979 -1989. He stated tha it was important to rebuild the County tax base and that the best income producing properties the County has are the two recreational subdivisions now located here. He pointed out residents iiv these recreational subdivisions pay six times the amount other County residents pay for the services they receive from the County. Mr. Madigan further stated that if the County did not have these two recreati subdivisions, we would be paying 20 cents more per hundred on our taxes and the inc in this County could not stand a big tax increase. Mr. Cole stated that he did not feel the Board knew enough about the proposed de', n LJ velopment to make a decision at this time. He further stated that he had talked with several people in his district and that some saw it as a recreational subdivision but the majority saw it as a residential and the impact of an additional 9000 people in this County over the next few years would be quite significant. Upon- - motion made by Richard F. Madigan and seconded by J. Robert Russell, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virgini does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 1144.297 ACRES, MORE OR LESS, OF J. L. BOWMAN AND F. L. GLAIZE, III, FRONTING 920.57 FEET ON THE SOUTH SIDE OF ROUTE 277 (BEGINNING APPROXIMATELY 1.45 MILES EAST OF INTERSECTION WITH ROUTE 636) AND BOUNDED BY THE FREDERICK COUNTY - CLARKE COUNTY LINE FOR A DISTANCE OF 6000 FEET, MORE OR LESS, (BEGINNING APPROXIMATELY .53 MILES SOUTH OF ROUTE 277); IN OPEQUON MAG- ISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTIAL RECREATION- AL COM14UNITY (R -5) . The above resolution was passed by the following recorded vote: Raymond C. S Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Nay. (AMENDMENT TO SOLENBERGER HARDWARE SITE PLAN - APPROVED Mr. Cole stated that he had reviewed the amendment to the Solenberger Hardware Site Plan as presented at the last meeting and was in favor of said amendment. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESLLVED, That the Board of Supervisors of the County of Frederick, Vir- L� 1 led on Route 7, to amend the driveway entrance to said property from 50 feet to 35 Iginia, does herein approve the amendment to the Solenberger Hardware Site Plan, locat has recommended by the Virginia Department of Highways. The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard IF. Madigan, Aye. ( AMENDMENT TO SITE PLAN - DENNY'S FURNITURE - APPROVED Mr. Berg presented an amendment to the Site Plan for Denny's Furniture stating • that the applicant was requesting the relocation of the building on the property. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the amendment to the Site Plan for Denny's Furniture locat- ed on Route 7 for the relocation of the building on the property in accordance with the site plan presented this date. The above resolution was passed by the following recorded vote: Raymond C. Sand Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Abstaining. STONEBROOK FARMS SUBDIVISION - SECTIONS 4 AND 5 - APPROVED Mr. Berg presented the plat of Stonebrook Farms Subdivision, Section 4 and 5 and stated that these sections contain 14 lots and all approvals have been received. He stated that a recreational impact fee of $1,554 is recommended. Mr. Cole asked how many lots per year are being presented by this subdivision a Mr. Thomas Glass stated that 35 lots had been approved last year. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve Sections 4 and 5 of Stonebrook Farms Subdivision, located in Back Creek Magisterial District, containing 14 lots, subject to payment of a recret tional impact fee of $1,554. The above resolution was passed by the following recorded vote: Raymond C. Sand Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PLANNING COMMISSION RECOMMENDATION THAT LA USE PLAN NOT BE PRINTED AT THIS TIME - APPROVED Mr. Madigan stated that the Planning Commission had recommended that the Land Plan not be printed at this time as previously directed by the Board inasmuch as they are considering several changes at this time. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein direct that the proposed Frederick County Land Use Plan not be printed at this time as previously directed by this Board on October 8, 1975, ina as several changes are being considered in said plan. The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. MOBILE HOME PERMITS - KENNETH COUCH, ET UX AND ROBERT DYKE - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following mobile home permits: 1. Kenneth Couch and Dixie L. Couch - Back Creek Magisterial District BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 2. Robert C. Dyke - Stonewall Magisterial District The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPOINTMENT DENNIS HOOVER TO SHENANDOAH AREA AGENCY ON AGING - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, ginia, does herein appoint H. Dennis Hoover to serve as a representative from Freder- ick County on the Shenandoah Area Agency on Aging. The above resolution was passed by the following recorded vote: Raymond C. S Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. BUDGET ADJUSTMENT - CETA TITLE VI FUNDS - APPROVED a ; I i, 1 \J • CIN 1 Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, the extension of five CETA Title VI_ positions through June 20, 1976, is hereby BE IT RESOLVED, By the Board of Supervisors of Frederick.County, Virginia, that ledged; and, BE IT FURTHER RESOLVED, That in accordance with the above extension the fol] 1975 -1976 budget adjustment is hereby authorized: 1 59 Increase Revenue Estimate (General Revenue Fund) 05 -6800 $16,343.95 Increase General Operating Fund A ro riation 18 -018I -123 16,343.95 The above resolution was passed by the following recorded vote: Raymond C. Sandi, ' Aye; J. Robert Russell, Aye; Dennis T, Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. MR. J. B. TREJBROWSKI ADDRESSES BOARD RELATIVE TO ZONING OF CAMELOT RESTAURANT Mr. J. B. Trejbrowski appeared before the Board and stated that he was the oper- ator of the Camelot Restaurant in Stephens City and recently had constructed an addi- tion_to the restaurant. He stated that there is a question as to whether or not live entertainment and dancing can be held on the premises. Mr. Trejbrowski stated that • when the restaurant was constructed the property was zoned B -2 but when the new zonin ordinance and map was adopted the property was zoned B -1. He stated that the ordinance was vague as to whether or not dancing is permitted under the B -1 or B -2 categories. Mr. Cole stated that under the B -2 category a dance hall is permitted but re- quires a public hearing and conditional use permit. Mr. Berg stated that this is correct and then read the section of the B -2 catego y governing this operation. Mr. Sandy advised Mr. Trejbrowski that the proper method for him to follow would • be to apply for a rezoning to the B -2 category and then a public hearing could be hel on the conditional use permit for a dance hall operation. Mr. Trejbrowski thanked the Board for their advice on this matter. RESOLUTION TO RESCIND MOTION PASSED BY THE BOARD OF SUPERVISORS ON OCTOBER 8, 1975, T' TABLE REQUEST OF FREDERICK COUNTY SCHOOL BOARD FOR APPROPRIATION OF FUNDS TO PURCHASE PROPERTY FOR CONSTRUCTION OF NEW HIGH SCHOOL - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein rescind the resolution passed by this Board on October 8, 1975, wherein the request of the Frederick County School Board for an appropriation of funds • to purchase property for the construction of a new high school was tabled until the first of the year. ' The above resolution was passed by the following recorded vote: J. Robert Russel, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Nay; and Raymond C. Sandy, Not Voting. REQUEST OF FREDERICK COUNTY SCHOOL BOARD FOR APPROPRIATION OF FUNDS FOR PURCHASE OF PROPERTY FOR CONSTRUCTION OF NEW'HIGH SCHOOL - APPROVED Mr. Cole moved to approve the request of the Frederick County bchool Board for a appropriation of funds in the amount of $309,758.91 for the purchase of property for • the construction of a new high school, as presented to the Board on October 8, 1975, by Dr. Wright. Mr. Madigan stated that he had persuaded a man to give acres to the School Board for the construction of a new high school and if they had asked for sixty acres, they could have had sixty acres. He added that there was no conception of what the excavation of the proposed site might cost or what problems might be encountered with the land, that the access to the property was not conducive to entrance and exit by school buses that the School investigated and Board had not fully the watering and sewering of the donated property as opposed to the proposed site. Mr. Madigan stated that inasmuch as this project is of such great magnitude he felt the Board should be fully advised of what the plans are before they are asked to appropriate money. He pointed out that when the Apple Pie Ridge School was built over a year ago there was 59 +i no sewer service available and sewage is still being hauled from that school. Mr. Hodgson stated that this was not the fault of the School Board. Mr. Cole stated that he had spent two hours with Mr. Roscoe Bowers, a member of the School Board, and they had discussed the water and sewer service to both the pro- posed site and the donated property quite extensively. Mr. Madigan stated that the Chairman had requested a joint meeting between the School Board and the Board of Supervisors in order to discuss this project and this request was ignored completely. He further stated that he felt the people should some input into this matter. Mrs. Margaret Starliper asked if the donated property could be sold and the pro- ceeds applied to the purchase of the proposed site and Mr. Sandy stated that this could not be done inasmuch as the donation stipulated that the land be used for an educational facility. Mr. Cole stated that the action he proposed in his motion would not appropriate the money for a new school but just the purchase.of the proposed site; that the money for the new school would be appropriated by the new Board and this would be a decisic they must make. He added that this motion would allow the School Board to meet the option on the proposed site. Mr. Scothorn asked why we need this much land and why it is so expensive. Mr. Hodgson stated that if the proper amount of land had been purchased when James Wood was built we would not need to build another school now. Mr. Collins stated that the people felt the Board of•Supervisors was the only buffer they had to prevent the School Board from purchasing this property and he felt sure that if the people knew the matter was going to be discussed tonight, the room would be full of citizens in opposition to this proposal. He further stated tha he felt property could be bought for.less than the 4000 dollars per acre the proposed site will cost. Mr. Scothorn stated that the people are concerned about the two concept and he urged the Board to delay this decision until further information is re. ceived. Mr. Cole stated that thero was no reason to delay this decision when all the other major decisions are being made, such as Wheatlands Subdivision which would cre- ate 9,000 additional people in the County. A gentlemen in the audience stated that he had moved to this area from Fairfax County because he could not afford the taxes there. He urged the Board to consider this matter, along with other projects of this magnitude, very carefully so that Frec erick County would not be put in the financial position some of the cities in our country are now experiencing. Mr. Cole stated that any project of this magnitude could be put on a referendum for the people to decide should the Board so direct. He further stated that he did not feel the School Board would change its mind on the proposed site and this way there would be nothing tabled until the first of the year for the new Board to decide He further stated that according to Mr. Roscoe Bowers there was not another piece of property around any better than the proposed site. Mr. Dean Nuri asked why the proposed site, which is a rocky hilltop, is worth so much money when the property across the road sold for $850 per acre. Mr. Cole stated that no one liked the price but that is not the point; the loca- Ition is the point. Mrs. Starliper asked if there had been a soil survey made of the property or an lappraisal by two orxthree appraisors and Mr. Madigan stated that to his knowledge ]neither of these things had been done. 1 • • • • .:. T Mr. Collins stated that he felt the number of questions raised at this meeting should indicate to the Board that this matter should be delayed until more facts are Ireceived. Mr. Hodgson stated that a new school is needed now and the Board must face up toy this fact. Mr. Madigan moved to table Mr. Cole's motion until the November 26, 1975, lof the Board in order that additional information could be obtained on the proposed site. Mr. Madigan's motion to table was defeated by the following recorded vote: Ray -1 Imond C. Sandy, Aye; Richard F. Madigan, Aye; Dennis T. Cole, Nay; J. Robert Russell, Nay; and Donald R. Hodgson, Nay. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that • the 1975 -76 budget of the School Debt and Construction Fund is hereby amended to in- clude an app ropriation'of"$309,758.91 for the purpose of purchasing land for the pro- posed new Senior High School; and, BE IT FURTHER RESOLVED, That said funds to be expended are available within the balance of the School Debt and Construction Fund carried forward from prior years and represent no additional burden upon the General Revenue Fund of the County of Freder- ick. The above resolution was passed by the following recorded vote: J. Robert Russel, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Nay; and Ra C. Sandy, Nay. APPROVAL OF BID FOR PURCHASE OF AUTOMOBILE FOR ASSESSOR Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • 1 ginia, does herein accept the bid received from Lamar Sloan Ford in the amount of $4,242.46 dated September 19, 1975, for a Ford Torino, said automobile to be purchas for use by the County Assessor. The above resolution was passed by the following recorded vote: Raymond C. Sand, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald,R. Hodgson, Aye; and Richard F. Madigan, Aye. ALLOCATION OF FUNDS FOR DIVERS TO CONTINUE SEARCH OF LAKE AT THE SUMMUT - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia, does herein authorize the Sheriff of Frederick County to engage the services o U. S. Navy divers at a cost not to exceed $1,000 to continue the search of the lake a The Summit, said funds to be expended from Budget Category 1A -226, Special Services. The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and F. Madigan, Aye. Upon motion duly made, seconded, and passed unanimously, the Board adjourned. Upon motion made by Donald R. Hodgson, to rescind the motion to adjourn, by Richard F. Madigan, and passed unanimously the above motion to adjourn the was rescinded. Upon motion made by Dennis T. Cole, seconded by Richard F. Madigan, and passed unanimously, the Board reconvened into Regular Session. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZON 30.3611 ACRES, MORE OR LESS OF MONTE VISTA ASSOCIATES, IN OPE N_TM71'5"=- IAL DISTRICT, FROM AGRICULTURAL, GENERAL (A -2) TO READING - AP 1) - FIRST Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve on first and second reading the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 30.3611 ACRES, MORE OR LESS, OF MONTE VISTA ASSOCIATES, FRONTING 914.51 FEET ON THE EAST SIDE OF ROUTE 11 SOUTE, BE GINNING APPROXIMATELY 1300 FEET SOUTH OF MIDDLETOWN CORPORATE LIMITS; IN OPEQUON MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO INDUS- TRIAL, LIMITED (M -1) The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis.T. Cole, Aye; Donald R. Hodgson, Aye; and F. Madigan, Aye. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. ( 2r2r �_. agze Chairm d. of Supe so I At a Regular Meeting of the Board of Supervisors of the County of Frederick, Vir ginia, held on the 12th day of November, 1975, in the Board of Supervisors' Meeting , Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T. • Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order. APPROVAL OF MINUTES - OCTOBER 1, OCTOBER 8, AND OCTOBER 22, 1975 Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the minutes of the Joint Public Hearing with the Frederick County Planning Commission held on October 1, 1975; the Regular Meeting of the Board of Supervisors held on October 8, 1975; and the Regular Meeting of the Board of Super- visors held on October 22, 1975, as submitted. I • The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. J. P. DARLINGTON - REQUEST THAT REZONING REQUESTS SET FORTH ON THE AGENDA FOR FIRST ' AND SECOND READING BE TABLED FOR THIRTY DAYS - APPROVED Mr. Fred Larrick, representing Mr. J. P. Darlington, appeared before the Board and stated that the petitioner requests that his rezoning applications scheduled for first and second reading on this date be tabled until the December 10, 1975, meeting • of the Board. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the request of Mr. J. P. Darlington to table his rezoning applications for three parcels of land as set forth on the agenda this date until the December 10, 1975, meeting of the Board. The above resolution was passed by the following recorded vote: Raymond C. Sand., ' Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF BILLS Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the bills for the month of October, 1975, in the amount of $194,986.14 and does order the same paid by Warrants #11922 through #12154. The above resolution was passed by the following recorded vote: Raymond C. ; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard Madigan, Aye. APPROVAL OF PAYROLL Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- inia, does herein approve the payroll for the month of October in the amount of $69,312.82 and does order the same paid by Warrants #11809 through #11921. • The above resolution was passed by the following recorded vote: Raymond C. Sandy Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. HIGHWAY DEPARTMENT - REQUEST FOR APPRO OF REALIGNMENT OF FEDERAL AID HIGHWAY SYSTEP Mr. R. C. King appeared before the Board and stated that the Federal Highway Ad- inistration had requested approval of the realignment of the Federal Aid Highway Sys tem, said realignment to reduce the mileage in the system, as prepared by the Virgini • Department of Highways. Mr. Cole stated that he was concerned about the possible loss of funds should and grant this request. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, WHEREAS, the Federal -Aid Highway Act of 1973 requires that ;.the Virginia f Highways and Transportation realign the Federal -Aid Highway Systems in Virginia by 1, 1976 on the basis of their anticipated functional usage; and, WHEREAS, the existing State Federal -Aid Systems, with the exception of the Inter- to System, will be terminated on July 1, 1976; and, WHEREAS, Federal Highway funds will no longer be available for State roadways • I fter July 1, 1976 unless the Realigned Federal -Aid Systems have been approved by.the ederal Highway Administration; and, ' WHEREAS, the Virginia Department of Highways and Transportation has functionally classified the State Highways in accordance with the guidelines presented in the "Hig L ay Functional Classification Manual: (Volume 20, Appendix 12, Highway Planning Progr r anu�al)" and developed the Realigned Federal Aid Systems for Virginia in accordance ith the " Federal -Aid Highway Program Manual (Volume 4, Chapter 6, Section 7); now, therefore, • BE IT RESOLVED, That the Frederick County Board of Supervisors concurs with the i '1985 Highway Functional Classification" and "Realigned Federal -Aid Highway Systems" or Frederick County as developed by the Virginia Department of Highways and Transpo -Ation; and, BE IT FURTHER RESOLVED, That this approval does not indicate that this Board wou gree to any reduction in future funds. The above resolution was passed by the following recorded vote: Raymond C. Sandy ' l ye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard Madigan, Aye. ZEIGER SUBDIVISION BOND - APPROVED Mr. Leon B. Zeiger appeared before the Board and stated that in the subdivision 63 he is currently building he is now to the stage where he is ready to put in 1200 feet 91YXICI of streets or roads. He stated that the amount decided upon as surety by the subdi- vision authorities comes to $18,662.55. Mr. Zeiger stated that he had discussed this matter with the Farmers and Merchants Bank and based on his net worth, his assets wit the bank, etc. the Farmers and Merchants Bank had prepared a letter, under seal, as follows to provide surety for the above road construction: October 30, 1975 Mr. Lawrence R. Ambrogi Commonwealth's Attorney- Frederick County Winchester, Virginia 22601 Dear Mr. Ambrogi: Please consider this letter, signed under seal, as our guarantee to Frederick County for funds in the amount of $18,662.55 to meet the surety requirements necessary for Mr. Leon B. Zeiger to proceed with the construct- ion of roads for Section VI, Zeiger Subdivision. This guarantee shall be for one year from this date or until such prior time as we have been notified by the County that the work has been completed satisfactorily. Sincerely yours, /s/ Richard J. Rosenberger Richard J. Rosenberger Senior Vice President ppr Mr. Zeiger stated that the purpose of his appearance before the Board was to re- quest that the Board accept this letter as surety for the construction of the roads it his subdivision inasmuch as the letter was irrevocable and under seal. He stated that it bothered him as to why the Board would question the assets of the Farmers and Mer- Bank as surety for $18,000. Mr. Cole stated that he did not feel that anyone was questioning the assets of Farmers and Merchants Bank but he was concerned about the one year time limit set forth in the letter. He advised Mr. Zeiger that after the roads are completed, he st maintain them for an additional one year before he can request that they be tak into the highway system. Mr. Zeiger stated that this time limit was based on the contract that the County required stating that the roads would be completed within twelve months and the letter from the bank was in accordance with that contract. He further stated that if for any unforseen reason the time limit should be extended or delayed he would be glad to get a modified letter extending the time for any period necessary but he felt the letter certainly tied in with his committment to the County. Mr. Madigan asked how much the bond was and Mr. Zeiger answered it was in the amount of $18,662.55. Mr. Cole asked Mr. King if he was correct in assuming that this bond would not the same as the one required by the Highway Department and Mr. King stated that this would be a performance bond for the County and the Highway Department would re- e a bond for workmanship, materials, etc. Mr. Zeiger stated that he had consulted with the two leading engineers in the ty, one of which would construct these roads, and they would not be done by a fly- contractor. Mr. Cole stated that he did not feel the Board should accept anything but a bond t we know is good security for the County and he is not in favor of the letter pre- isented, especially in light of the one year time limit. Mr. Zeiger asked Mr. Cole if he would be satisfied if the letter was modified. Mr. Cole stated that he would agree should the letter state until such time as the roads are completed and accepted into the secondary road system. • 1 n LJ • 1 • i on it. Mr. Ambrogi stated that he had seen the letter and felt the County could collect it. Mr. Ambrogi stated that he did not know if the County could require a bond to assure that the roads comply with State Highway Department requirements but the bond • the County requires is for completion of the facilities and he felt both Mr. Zeiger and the bank would agree to modify the letter to meet the requirements of the Board. Mr. Madigan asked Mr. Ambrogi, suppose the man gives a bond to the County based on his personal assets, etc., along with this letter, what is the difference between this letter and a set aside letter such as one from Independence Mortgage Trust? Mr. Ambrogi answered that he felt this letter is more secure than a set aside . ' letter inasmuch as this is a local bank guaranteeing that these funds are going to be there. He further stated that he did not know the ratings of Independence Mortgage Trust. • Mr. Madigan asked Mr. Ambrogi what the rating of Farmers and Merchants Bank was and Mr. Ambrogi stated that he did not know but he knew their general reputation in the community and he felt more comfortable with Farmers and Merchants Bank than he would a set aside letter from Independence Mortgage Trust because he did not know tha much about them. Mr. Cole stated that he felt the Board should request that the letter be modifi state until such time as the roads are completed to the satisfaction of the Hig t. Mr. Zeiger suggested the wording, until such time as the developer is notified • }that the work has been completed satisfactorily. Mr. Sandy stated that he felt the letter should state until such time as the 'have been accepted into the secondary highway system. Mr.. Cole stated that should the letter be modified as suggested he would agree t. Mr. Zeiger agreed to modify the letter as suggested. Mr. Sandy stated that when the roads are accepted into the secondary system then I the Highway Department would require a bond. He then asked Mr. King what type bond the Highway Department would require and Mr. King stated that they require a corporat • bond or cash. Mr. Madigan asked Mr. King if he was correct in assuming that cash would be re- ired if the developer is not incorporated and Mr. King stated this was correct or a from a surety company. Mr. Sandy stated that he had a question to the bank as to why they would extend a I like this to approve these things when other people have to go and put up their 'honey, etc. He stated that he had a big question for the bank in the morning as to wh t hey would guarantee this surety but would not guarantee mine or Mr. Wakeman's or Mr. Shackleford's. Mr. Zeiger stated that if the assets are there they will guarantee anyone. Mr. Sandy stated that he had been on the Baord for eight years and he had never this done for anyone else. Mr. Madigan stated that inasmuch as Mr. Zeiger is not incorporated what was his opinion on the presentation made to the Board. Mr. Ambrogi stated that the Farmers and Merchants Bank is guaranteeing that there is $18,000 there and we want to be sure that we can get the funds should there be a default in the construction or completion of the facilities. - Mr. Madigan asked Mr. Ambrogi if he had seen the letter and if so could the Count on it. Mr. Ambrogi stated that he had seen the letter and felt the County could collect it. Mr. Ambrogi stated that he did not know if the County could require a bond to assure that the roads comply with State Highway Department requirements but the bond • the County requires is for completion of the facilities and he felt both Mr. Zeiger and the bank would agree to modify the letter to meet the requirements of the Board. Mr. Madigan asked Mr. Ambrogi, suppose the man gives a bond to the County based on his personal assets, etc., along with this letter, what is the difference between this letter and a set aside letter such as one from Independence Mortgage Trust? Mr. Ambrogi answered that he felt this letter is more secure than a set aside . ' letter inasmuch as this is a local bank guaranteeing that these funds are going to be there. He further stated that he did not know the ratings of Independence Mortgage Trust. • Mr. Madigan asked Mr. Ambrogi what the rating of Farmers and Merchants Bank was and Mr. Ambrogi stated that he did not know but he knew their general reputation in the community and he felt more comfortable with Farmers and Merchants Bank than he would a set aside letter from Independence Mortgage Trust because he did not know tha much about them. Mr. Cole stated that he felt the Board should request that the letter be modifi state until such time as the roads are completed to the satisfaction of the Hig t. Mr. Zeiger suggested the wording, until such time as the developer is notified • }that the work has been completed satisfactorily. Mr. Sandy stated that he felt the letter should state until such time as the 'have been accepted into the secondary highway system. Mr.. Cole stated that should the letter be modified as suggested he would agree t. Mr. Zeiger agreed to modify the letter as suggested. Mr. Sandy stated that when the roads are accepted into the secondary system then I the Highway Department would require a bond. He then asked Mr. King what type bond the Highway Department would require and Mr. King stated that they require a corporat • bond or cash. Mr. Madigan asked Mr. King if he was correct in assuming that cash would be re- ired if the developer is not incorporated and Mr. King stated this was correct or a from a surety company. Mr. Sandy stated that he had a question to the bank as to why they would extend a I like this to approve these things when other people have to go and put up their 'honey, etc. He stated that he had a big question for the bank in the morning as to wh t hey would guarantee this surety but would not guarantee mine or Mr. Wakeman's or Mr. Shackleford's. Mr. Zeiger stated that if the assets are there they will guarantee anyone. Mr. Sandy stated that he had been on the Baord for eight years and he had never this done for anyone else. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein agree to accept, as surety for the completion of roads in Section VI of Zeiger Subdivision, a letter from the Farmers and Merchants Bank, signed under seal, guaranteeing to Frederick County funds in the amount of $18,662.55, said guar- antee to be extended until such time as the roads are completed to the satisfaction of the Virginia Department of Highways. The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and F. Madigan, Aye. PHIL IRWIN - RAPPAHANNOCK LEAGUE FOR E NVIRONMENTAL PROTECTION ADDRESSES BOARD Mr. Phil Irwin of the Rappahannock League for Environmental Protection, before the Board and stated that his organization was objecting to the power compan taking additional rights -of -way to expand their services. He explained a plan to struct a line from Mt. Storm, West Virginia to a portion of Fauquier County. Mr. Irwin stated that his organization wanted to establish through law that the power companies use existing corridors. request for rezoning properties in order to construct their facilities and he urged Mr. Irwin stated that the Board would be visited by the power companies with a the Board to consider very carefully these requests so that the power companies be compelled to use existing corridors rather than create new ones. DOG WARDEN - REQUEST THAT BOUNTY NOT BE P AID ON FOXES - APPROVED Mr. Harold Whitacre, Frederick County Dog Warden, appeared before the Board and presented his monthly report stating that there were no claims for the previous Mr. Whitacre then requested the Board to pass a resolution stating that bounty would not be paid on foxes until such time as a rabies epidemic should occur. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein direct that bounty will not be paid by the County on foxes unless and until such time as there is an outbreak of rabies in the County. The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and F. Madigan, Aye. Mrs. Dorothy Keckley, Frederick County Treasurer, requested that this action be published in the newspaper years and she felt the pub Mr. Sandy stated that relation to the selling of not during the time of the by Mr. Thomas Rosenberger. inasmuch as she has paid bounties on foxes for several Lic should be notified that this is no longer in effect. he wanted to clarify the statement that had been made in dogs by the County; that the time period in question was present Board but was during the time the Board was chai RECOMMENDATIONS - FREDERICK COUNTY SANITATION AUTHORITY Middletown Step I Grant - Approved Mr. W. H. Jones, Engineer- Director of the.Frederick County Sanitation Authority, service the area included in the Middletown Step I Grant and thereby supported the appeared before the Board and stated that the Sanitation Authority has no plans to Town Councils decision. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, 1, n 40, • • • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 67 ginia, does herein support the decision of the Middletown Town Council relative to their Step I Grant as recommended by the Frederick County Sanitation Authority. The above resolution was passed by the following recorded vote: Raymond C. Sane, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and F. Maidgan, Aye. Sewer Main Extension. to Winchester Mobile Home Park and Sales Mr. Jones stated that the Sanitation Authority recommended that approval be gi to Winchester Mobile Home Park and Sales for the extension of a sewer main provided once the Authority provides service to the area the City will dedicate the lines to the Authority. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve a sewer main extension to serve only Winchester Mobile Home Park and Sales, provided that once the Authoriy provides service to the area, the City will dedicate the lines to the Authority. The above resolution was passed by the following recorded vote: Raymond C. Sand., Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richar� F. Madigan, Aye. RECONSIDERATION OF APPROVAL OF VIRGINIA LAKESIDE WATER AND SEWER COMPANY APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Mr. William A. Johnston, Attorney at Law, appeared before the Board represen Mr. Home Hack, Mr. Daniel Colaw, Mr. Herbert Shackleford, Mr. Fred L. Glaize, III Mr. James Bowman, owners of land lying upstream in the same water -shed that is the subject of Virginia Lakeside Water and Sewer Company's application presently pending before the State Corporation Commission for a certificate of public convenience and necessity. Mr. Johnston pointed out the area in question on a map and stated that in 1969 Mr. Herbert Shackleford, in the corporate form of Lakeside Water and Sewer Company, applied to this Board for approval under the Virginia Utilities Facilities Act for 360 acre parcel. He stated that the application and resolution was a part of a pro- cedure at that time which apparently was to lead to a similar certificate now being applied for but was never followed through. He further stated that in 1971 or 1972 Lakeside entered into a contract with Mr. Ralph Wakeman (Mr. Johnston stated at this point that Mr. Wakeman is represented by Mr. Henry Whiting, and inasmuch as Mr. Whit- ing had been called out of town he had been asked to represent Mr. Wakeman in Mr. Whiting's absence) who owned a 400 acre tract east of the Shackleford land, the sub- ject of that contract being that Mr. Wakeman was conveying to Mr. Shackleford an downstream upon which a sewage treatment facility would be built to sewer both the Wakeman and Shackleford land. Mr. Johnston stated that by 1975 a company called Danac had acquired the S ford property as well as the stock of the Lakeside Water and Sewer Company, and has applied in proceedings now pending through the State Corporation Commission for a certificate of public convenience and necessity to cover a service area encompassing both the areas shown in red on the map but not including the land of Mr. Wakeman wh it is under contract to sewer. Mr. Johnston stated that this land lies in a water -shed as outlined in black on the aforesaid map. Mr. Johnston stated that in August of 1975, Danac, acting in behalf of a new oration, Virginia Lakeside Water and Sewer Company, advised this Board that it was in LPJLOJ the process of applying to the State Corporation Commission for a certificate of pub' lic convenience and necessity. He stated that they had requested approval of a resol- ution which generally cited that in 1969 Mr. Shackleford had asked for and received approval of his 360 acres; that they now have applied and you have approved said ap- plication. Mr. Johnston stated that the applicant had cited, in their request for ' approval, the technical problem that the transfer of the property from Lakeside Water and Sewer Company to Virginia Lakeside Water and Sewer Company created a technical problem because technically you could not transfer the rights under the approval you granted in 1969. Mr. Johnston then advised that on behalf of his clients and Mr. Wakeman it is not merely a transfer of rights; that the application now being applied for is asking for different land in part than asked for by Mr. Shackleford. He furt'- er stated that the effect of granting this certificate of public convenience and nec • essity he did not believe was fully comprehended by the Board when they took action in September of this year. Mr. Johnston stated that he did not believe the Board ha in mind then that the effect of it was to yield up a part of the County's jurisdicti I t for water and sewering a part of the County's land. He stated that that is the effe of it inasmuch as the statute under which they are proceeding states that the State Corporation Commission will not and can not undertake to entertain such an applicatio ' unless approval is given by the County's governing body, there being a Sanitation Authority formed under the Authorities Act. • Mr. Johnston pointed out that if this applicant is granted a certificate they would be certified for an area that does not include a huge area that they are under a contract to serve which they have acknowledged is binding. He stated that this certificate would put Mr. Wakeman in a position where his recourse would be through civil litigation and if he should be successful could place the applicant in an un- stable financial situation where they could not furnish the services which they are under duty to furnish. Mr. Johnston stated that the application permits the cutting out of the core of the drainage area making it economically unfeasible for Mr. Wake- man and the landowners to the southwest to duplicate a treatment facility to provide sewage treatment for their areas. He stated that they had presented their objection • to this application to the County Engineering Committee, the Planning Commission, an the Sanitation Authority. He stated that the Engineering Committee had advised that ' it would not appropriate for them to act upon this matter at this time inasmuch as its was property before the Planning Commission and Sanitation Authority. He further st "t- ed that the Planning Commission had adopted a resolution advising the Board that the proper planning concept was to include the entire water -shed within the area to be certified. He further stated that it was the position of the Sanitation Authority that the applicant should honor any valid contracts they have, and that they endorse • the Planning Commission's concept that in this area the entire water -shed should be the subject of the study and that expansion should be based on feasibility. Mr. Johnston stated that this is an area which has been a problem through the years but the gentlemen he represents have never had an opportunity to speak on the subject because there was never an application before the State Corporation Commissic for a certificate. He stated that they had asked questions from time to time but cooperation had not been forthcoming. He pointed out that proper planning requires , in this area a study which places this certified area in a proper planning posture. Mr. Johnston advised that under the statute it is difficult to achieve the re- sult you would like to achieve and that it was his understanding that neither his clients nor the Board had the power to require the applicant to apply for any partic9, lar area. He further advised that the power of the Board was limited to approving o AI • disapproving the plan presented by the applicant. Mr. Madigan asked if the State Corporation Commission would designate the drain- age area which Virginia Lakeside Water and Sewer Company would serve. ' Mr. Johnston replied that as he understood it the State Corporation Commission is under the same restriction as the Board, that is they can also approve or disap- prove the plan presented by the applicant. He stated that you could point out to the applicant that unless the plan includes a certain area it will not be approved. Mr. Johnston stated that an outsider can not force his way into a service area and he fe. this was to insure the feasibility of the utility. He advised that to permit this certificate,-in the core area of a large piece of ground would have adverse effects • upon two or three times as much land outside that proposed service area as not to be the proper planning answer to handle the area. Mr. Madigan stated that he was under the impression that we just approve the col cept and the State Corporation Commission designates the service area. Mr. Johnston stated that they will ultimately approve it but it is my understanc ing that they have the power only to say that they will not approve the application ' unless it contains a certain area. Mr. Madigan then asked if he was correct in assuming that as far as the Board • was concerned it is for us to see that the drainage areas are acceptable on the map and etc. before it goes to the State Corporation Commission. Mr. Johnston replied that this is correct and that was one thing that bothered him when he began looking -into the matter after the Board acted on the application it September. He added that within this framework there should be a record in the count that would show what specific piece of land came out of the jurisdiction of the Fred- erick County Sanitation Authority; that he had looked for such a record but could not find one. He suggested that the Board was not focusing on that problem that way at that time. Mr. Cole stated that he did not feel Mr. Johnston's answer to Mr. Madigan's quee • tion wherein he stated that the Board of Supervisors designates the lines was incor- rect. Mr. Sandy stated that he had always been under the impression that if the Count} had no plans to service a requested area, the Board would grant their approval of the application. Mr. Johnston stated that the way the statute is built, as he understands it, the Board does not-have the power to require that a certain service area be applied for but has the power only to approve or disapprove the plan as presented by the applicar • Mr. Sandy stated that the Code is written so that a hardship will not be placed on an individual who is developing a water and sewer system and yet the landowners are requesting that the entire area be taken into this application. Mr. Johnston stated that he did not feel enough study had been made of the matte to answer this question. He urged the county to study the situation much more closel before giving up any of its jurisdiction in this area. Mr. Johnston stated that he felt the Danac people were acting in good faith to correct a problem which they did not create but the hardship created upon his clients was that they did not have the legal right to speak out on this matter until now. He further stated that if the Board did not rescind the approval given in September on this application, his clients would be very limited in what they can do before the State Corporation Commission inasmuch as all they are concerned with is your approval of the application. AI • 70 Mr. Sandy asked Mr. Johnston if his clients would be willing to pay monthly s ice charges, insure a certain amount of connections, etc. should the inclusion of their properties prove to be a hardship on the proposed utility and Mr. Johnston sta ed that he felt they would be most anxious to study the options available in order t provide good planning for the area. Mr. Sandy then asked if a -plant is required to serve the whole area how would this affect the people already in the area and Mr. Johnston stated he could not an- swer this. Mr. Sandy stated that he felt this certainly would be considered before the ap- plicant would be required to take in the entire area. He further stated that before Lakeside Estates was a reality, the landowners were offered contracts to participate in the utility company and refused. Mr. Herbert Shackleford stated that this was correct; all were invited but refu Mr. Johnston stated that in the spring of this year Danac approached Mr. and requested that he waive certain rights of -his and their negotiations ended in a stand off and subsequently Danac had proceeded on its own without further consulta with Mr. Wakeman. Mr. Johnston suggested that inasmuch as the parties have not been in communica- tion recently he felt the problem put them in a posture at the present time that should be in order that a reasonable solution might be reached as the circumstances indicate. Mr. Johnston then presented a draft of a resolution stating that he felt this would be the appropriate thing to do at this time said resolution rescinding the act ion taken by the Board in September. He further stated that he felt this was the on thing the Board could do under the statute until the matter could be studied. He suggested that the action be rescinded and the state corporation advised of this fac He suggested that then the parties could get together and discuss the matter. Mr. Johnston advised the Board that a hearing before the State Corporation Commission is set for December 30th and the action taken by the Board sets forth the approval of t governing body as required. Mr. Madigan asked if the applicant had approval of the designated area as ed in red on the map inasmuch as he did not remember looking at any maps showing r fe-WE Mr. Johnston stated that the record is not clear in this regard and he did not feel any one realized that the applicant was not applying for the same area previou applied for by Mr. Shackleford. Mr. Renalds stated that when the permit for the treatment plant was issued to Lakeside Water and Sewer Company, the State Water Control Board approved the permit with the stipulation that when a regional facility becomes available in the area, th plant would be abandoned. He further stated that there was no service area designat in the original.application in 1969 and consequently there was.nothing with which to compare the present application. Mr. Joseph Massie appeared before the Board representing Danac and stated that had also represented Mr. Shackleford and Lakeside Water and Sewer Company in the pa having prepared the application for a certificate of convenience and necessity for Lakeside Water and Sewer Company which had never been followed through. Mr. Massie stated that the position of the Board of Supervisors is to make the initial determination on whether or not the application for an allotted territory, be controlled by the State Corporation Commission, should be granted to the applican C� []I • 1 • 71 and whether or not it should be sent on to the State Corporation Commission. He stated that Mr. Johnston contends that his clients have never had a forum in which to state their objections and in answer to this matter he would point out that the statute does not require a public hearing be held on the proposed application. He added that the rules and regulations of the State Corporation Commission, in con- sidering the application, require notification to all adjoining property owners and to all persons being served by a public utility company of a hearing in Richmond be- fore the State Corporation Commission where all views are considered. Mr. Massie stated that the statute cited by Mr. Johnston (Section 56- 265.3) set- • • ting forth the items to be considered in the application also states that the feasi- bility of the entire project will be considered and further states that the public interest shall be considered during the hearing before the State Corporation Commis- sion and this will provide the forum Mr. Johnston seeks for his clients. He stated that the law further provides that his clients have the right to appeal any decision of the State Corporation Commission to the State Supreme Court should they so desire. Mr. Massie advised that this is a highly technical matter involving a lot of en- gineering, a lot of financial study and if the certificate is granted the fixing of the territory and the fixing of the rates, the establishment of rules and regulations by which the company will operate. He pointed out that the matter can not be conside ed by the State Corporation Commission until it is sent down there with the approval of the Board, thereby in order for the public interest to be considered it must be fo warded to the State Corporation Commission. Mr. Massie advised that when the application was filed in September it contained a map showing the area sought to be certified. He pointed out that the Board of Sup- ervisors is not involved in public utilities and how they operate and the only thing they should be concerned with is whether or not the application should be sent to the State Corporation Commission for a hearing and a final decision. Mr. Massie stated that the Board of Supervisors had already approved the appli- K J • cation and to deny it now and hold it in limbo for an indefinite period of time woul cause the people living in Lakeside Estates Subdivision to be without any control of the utility by the State. He stated that the State Corporation Commission governs very tightly these public utilities and at the present time the residents in the sub division are without the protection of this control. He further stated that there are 110 connections to this utility and that the residents had purchased their lots and built their homes with the understanding that they would be provided services through a public utility. Mr. Massie stated that Danac is trying to alleviate the problems which have bee experienced by the residents over the past several years. He advised that if the certificate is granted the utility company would be governed by the rules and regula tions of the State Corporation Commission and should the company default the State o Virginia could take over the operation to insure service to the people. Mr. Massie stated that the area Mr. Johnston is talking about is totally unde- veloped, and that the landowners had been invited originally to join in when the uti ity was developed but refused to do so. He further stated that the service area is limited from an engineering point of view and the stream where the effluent will be discharged is not sufficient for the enlargement of the plant. He stated that the plant was originally designed for 300 connections and it now has 110 connections, 25 or 26 of which are on Mr. Wakeman's land. fie stated that the stream does not have enough flowing water to mix with the effluent as required by the State of Virignia t allow for enlargement of the plant. He advised that this plant is an interim plant 72 to serve the people already there; this is not -a new development and can not look at it with the same idea as a new planned community. He further advised that the sub- division was begun in the 1960's and any ordinances relating to it had come into ex- istence since its inception. He stated that the only way to correct the problems which have existed over the years.is to have the application go on to the State Corp- ' oration Commission for their consideration and decision. Mr. Massie stated that with regard to the contract with Mr. Wakeman, this con- tract was entered into on or about June 28, 1971 between Lakeside Water and Sewer Com pany (Shackleford) and Mr. Wakeman for the company to serve a line of at least 24 lots on Mr. Wakeman's land and that these lots are presently being served. Mr. Massie ad- vised that Virginia Lakeside water and Sewer Company is a public service corporation but does not have the certificate of convenience and necessity as required when ther • are 50 or more connections and are long overdue in getting this accomplished. He further stated that the contract between Mr. Wakeman and the sewer company is some- thing to be considered between those parties and not the Board of Supervisors, inas- much as they are not lawyers or judges and are not involved in the interpretation of contracts; that is a matter solely for the parties or the State Corporation Commission. He stated that a service corporation can not go outside its allotted territory to serve some one else without the consent of the State Corporation Commission and there- ' fore would have to take in the Wakeman.property now being served and any extension of • the services would have to be determined between the two parties. Mr. Massie stated that the remainder of the Wakeman land is another portion of the contract which says it may take 1,500 to 2,000 feet of line to go into the Wake- man property and it may take pump stations, etc. to serve this property. He further stated that the real problem is in Subparagraph (f) of Paragraph (1) of the contract because at this time Mr. Wakeman has not developed his land past the 25 or 26 lots previously discussed but that this was something the parties must work out. He ad- vised that if the plant is going to be upgraded to serve the people properly the in- itial investment will be around $180,000 and no one is going to invest that much mone on a sewer plant without some sort of security such as the State Corporation Commis- I • sion in regard to rates, rules and regulations and territory to be served. He stated that at the present time the company is operating improperly because it does not have' a certificate of public convenience and necessity and the people already there should be considered first before undeveloped land is considered. Mr. Madigan asked if there was anything improper about Lakeside Water and Sewer Company entering into a contract with Mr. Wakeman before checking with the State Corp- oration Commission. Mr. Massie replied that it would have been improper for the corporation to have • done that if the allotted territory had been granted a certificate of public conven- ience and necessity but this had not been done inasmuch as Mr. Shackleford had not carried that application on to the State Corporation Commission after the Board ap- proved it. He further stated that at a later time, without any allotted territory or supervision of the State Corporation Commission, he agreed to take in another area and it was his opinion that Danac, the present owner of the company, is bound to tak in at least the territory that is now being served and if the contracts is valid to take in whatever territory the contract calls for. , Mr. Massie stated that the application could be handled two different ways; Dan c could apply for a territory to include the twenty -four Wakeman lots now being served as set forth in the contract; or they could apply for those twenty -four lots on an additional application. He advised the Board that when the application was presented 73 1 to them in September there was a map attached. Mr. Massie said that there have been communications between Mr. Wakeman and Danac in regard to the efforts to hook up to the plant and that these communications would continue. He further stated that the plant must serve Mr. Wakeman and the people in Danac's area and that the real forum as far as the requirements of this corporation and the public interest are concerned are, according to statute, with the State Corporation Commission. Mr. Madigan asked if the State Corporation Commission would consider the drain- age area as far as the public interest is concerned. Mr. Massie answered that he felt they would consider anything they felt to be o interest to the public. Mr. Madigan asked Mr. Ambrogi,.the County Attorney, what his opinion was in thi r 1 U matter, having.heard both sides of the argument. Mr. Ambrogi stated that he would like to see the complete facts and read the U statutes inasmuch as this is a complicated matter. He stated that both attorneys ha given arguments based on their client's case. He further stated that he felt this was something the Board would have to take under advisement for research and perhaps an opinion from the Attorney General should be sought. Mr. Sandy stated that he felt the Board might be entering into an area where have no authority in the first place. Mr. Ambrogi stated that this was his first impression but he would prefer to search the statutes further before he made that statement. Mr. Sandy stated that it appeared to him to be a problem between two parties the service area, rules and regulations, rates, etc. would be determined by the Sta Corporation Commission in Richmond. Mr. Ambrogi stated that we definitely do not want to get involved in any functi that is left up to the State Corporation Commission and within their jurisdiction. Mr. Madigan asked if the State Corporation Commission just granted a certificat • 1 of convenience and necessity to the land outlined in'red on the map, which is land able to be developed and within the drainage area, and the Virginia Lakeside Utility Corporation did not choose to service that area on their own and it was not feasible for the Frederick County Sanitation Authority to service the area, would that not cr ate problems as far as good planning, development, and utilization of the land to it highest use for the County. Mr. Ambrogi answered that it would the County's standpoint. Mr. Madigan asked where should the problem be resolved, here or at the State • Corporation Commission such as an area that would be denied service because it was not feasible for the Frederick County Sanitation Authority to serve it and yet the Lakeside Water and Sewer Company just did not want to serve it. Mr. Russell asked if a public hearing had been held in September when the Board took action to consider the interest of the other people in the area. Mr. Cole stated that this was not the responsibility of the Board; that a public hearing would be held by the State Corporation Commission in Richmond to consider these interests. Mr. Madigan asked if the Board should not do the same thing before it is sent o to the State Corporation Commission. Mr. Ambrogi replied that he felt the Board should find out what obligations and responsibilities the County has, if any, in this area. Mr. Cole stated that there was nothing set forth in the statutes requiring the Board to hold a public hearing. Mr. Madigan stated that Mr. Johnston had read a section of the Code which sta M that plans must be submitted -to the governing body. Mr. Massie read a section of the Code stating that if the application provides the furnishing of water and sewer services within any approved subdivision in which there has been created an authority for either or both of such purposes, pursuant to Section 15.1 -1239 et seq of the Code of Virginia, the Commission shall not hold any hearings on such application or issue any certificates for the allotment of territory unless the application shall have first been approved by the governing body of the political subdivision wherein the territory is located. He stated that he understood this provision to mean that when the Board created the Frederick County Sanitation Authority, they gave them the sole responsibility of providing water and sewer for tt County, which at this time is an impossibility; therefore, when a private utility con pany is created you must notify the Board of Supervisors of the.amount of land, where it will be located, etc, and you are in effect taking this land out of the authority of the Sanitation Authority to water and sewer. He stated that this gives the Board control of where the Sanitation Authority will provide services. Mr. Madigan asked if the Board would be in the same position here by allowing the application to go through as submitted and disregarding the land in the drainage area around it. Mr. Massie stated that this would not be the case inasmuch as the resolution passed by the Board stated that the Sanitation Authority will not be able in the rea- sonable forseeable future to service this area. Mr. Johnston stated that Mr. Wakeman has 25 to 30 lots within three feet of a manhole which are outside the service area and an additional several acres of land which can not be sewered from any kind of lift station. He stated that in the con- tract being discussed Lakeside Water and Sewer Company does covenant to guarantee set vice to the Wakeman property. Mr. Madigan asked Mr. Wakeman how many lots he had now approved by the Board of Supervisors outside the designated area and Mr. Wakeman answered 65. Mr. Johnston stated that if the corporation had been certified they could not have entered into the contract without the approval of the State Corporation Commis- sion. Mr. Johnston stated that the contract had been filed with the Commission on June 29, 1971 even though there was no action pending at that time for notification purposes and that there had been a continuous filing before the Commission requestinc that notice be given any time an application is filed. Mr. Johnston further stated that there is nothing in the application now pending before the Commission that even suggests that contract is a part of its contractual obligations. He stated that if the Board - approves the application as it now stands, it will lead the Commission to believe that the application is acceptable, and the public interest is being served. Mr. Cole asked for a clarification of the recommendation of the Sanitation Authority and Mr. Wellington Jones, Engineer- Director, stated that the Sanitation Authority had recommended that Virginia Lakeside Water and Sewer Company honor any valid contracts to which they are a party and that any further expansion should be based on feasibility. Mr. Johnston stated that he had understood the Planning Commission and Sanita- tion Authority recommendations to mean that the entire drainage area be certified ant that construction of facilities be based on feasibility. Mr. Cole stated that his understanding of the recommendations was that the area shown in red on the map should be area requested for certification and any further area should be included according to feasibility. U L' • • 1- • J Mr. Johnston stated that a substantial portion of Mr. Wakeman's land was a 75 Iplanned to be included in the agreement with Mr. Shackl'eford and this property is notl included in the area requested for certification. Mr. Cole asked how many acres of land would be opened up for residential deve iment should the entire drainage area be approved. Mr. Berg stated that he did not know the exact number of acres this would Mr. Cole stated that he felt all factors should be considered in reaching a de- Icision on this matter. Mr. Renalds stated that the Commission would not hold a public hearing until the lBoard of Supervisors acts on the application and the Board could send it on to Rich- Imond either with or without a specific drainage area set forth. Mr. Johnston stated that if the application is sent to Richmond as it now stands • the Commission will assume that the Board of Supervisors had approved a drainage area lof about 380 acres as set forth on the map. Mr. Massie stated that he did not feel the Commission would assume anything when the opposition is heard. Mr. Shackleford stated that when Virginia Lakeside Water and Sewer Company was • initiated, they obtained a conditional use permit for the plant, this being before th Sanitation Authority was organized in Frederick County, and the State Water Control Board advised him that the plant would not be enlarged further than to take care of Lakeside Estates and the Wakeman property. He further stated that he had a letter to that effect. Mr. Cole asked Mr. Shackleford if he had approached the adjoining landowners at the time the plant was initiated and invited them to join in on the plant and Mr. IShackleford stated that this was done but that they refused to join in. Mr. Elmer Verguson, Engineer for Virginia Lakeside Water and Sewer Company, ap- U 1 • 1 peared before the Board and stated that first of all the Board must remember the fact that this is an existing facility, started in 1969; that there are 110 hook ups. He stated that engineering wise the plant probably was designed wrong and should have been a plant to take in the whole area. He further stated that because of the "fact that they do not have adequate stream, and all the other variables involved, the Stat Water Control Board and the Health Department did not see fit to give approval for a larger plant. Mr. Verguson stated that they now have families and a plant designed for 300 connections and that there is no assurance that they will go beyond 300 con - nections when the State Water Control Board and the Health Department have stated tha they will definitely not enlarge this plant. He stated that they are seeking approva of a request to serve the people who are already there and there is not other way to do it unless the Sanitation Authority wants to come in and put in a tert'ia'ry- treat= ment plant. He further stated that this was tried in the Kernstown area and failed because it lacked feasibility. Mr. Verguson stated that they were not interested in a sewer plant but are interested in trying to serve the people. He stated that Danac has already spent $140,000 trying to bring this plant up to date so that they will meet the requirements of the State Water Control Board and the Health Department. He advised that they now have a draft permit from the State Water Control Board and pro- bably will have the final permit within the next three months; that the permit stated that you,can not enlarge a plant where it is not feasible to do so. Mr. Cole asked Mr. Verguson if the Board should request Danac to take in the en- tire drainage area and the plant has 300 connections, could an adjoining landowner de mand that water and service be provided and would Danac be forced to provide these services. Mr. Verguson answered that they could not be forced to take in more than their 76 capacity. Mr. Cole asked Mr. Verguson if they had any objection to taking in the entire drainage area and Mr. Verguson stated that he felt the State Corporation Commission would laugh at them for asking to serve 1500 areas with a plant of 300 connections. cially and feasibly serve. Mr. Massie stated that the applicant can not ask for more than they can finan- Mr. Cole stated that he was concerned about growth in the County and did not the Board could keep on opening up area after area for development. Mr. Massie stated that if the - applicant went to Richmond and asked to take in entire drainage area with the facilities they have, the Commission would laugh them out of court; that they were asking for an area they are able to serve and should been serving for the last seven years. Mr. Johnston stated that if the Board approves the present application they are taking the core of the area and leaving the rest and the Sanitation Authority cannot help them; but if they take in the entire drainage area it could be served when it ie economically feasible. Mr. Cole stated that he felt the Board should go with the Sanitation Authority' recommendation concerning further expansion being based on feasibility. Mr. Sandy stated that he did not feel the Board should tell the applicant what area to apply for other than what they have requested and any future areas to be in- cluded should be based on feasibility. Mr. Russell stated that the applicant had come to the Board seeking approval the Board is supposed to look after the public interest. Mr. Sandy suggested that the Board send correspondence to the State Corporation Commission stating that additional areas have been requested for inclusion in the ap plication. He further stated that the Board can only approve or disapprove the ap- plication, they cannot change it. He suggested that a copy of the application filed by Virginia Lakeside Water and Sewer Company, along with a map, be requested from th State Corporation Commission for review by the Board. Mr. Renalds stated that it would be helpful to have something concrete in the files as to what the Baord approves as far as area goes. State Corporation Commission which sets forth the requested service area. Mr. Verguson stated that the Board has an exact copy of the papers filed with Mr. Cole stated that the State Corporation Commission would set the area it be the one requested or a larger area. Mr. Russell stated that the Board had approved this application by their action in September and if the State Corporation Commission approves it no one in the area can come into it unless Virginia Lakeside Water and Sewer Company permits it. Mr. Renalds stated that the State Corporation Commission decides what the s area will be. Mr. Sandy stated that he felt a transcript of the proceedings should be sent to Richmond so that the Commission will know what took place at this meeting. Mr. Verguson reminded the Baord that the Commission would not act without a re- solution from the Board of Supervisors. Mr. Sandy stated that he felt the place to hear this matter was before the State Corporation Commission in Richmond inasmuch as the Board can only approve or disap- prove the application as requested. Mr. Wakeman asked if the Board was aware of the drainage area and the contract when they approved this application in September and Mr. Sandy stated that the appli- cation spelled out the acres requested for certification and he was aware of the con- • 1 • • • 1 77 tract Mr. Wakeman has. He again stressed that the Board can only approve or disap- prove the application, they cannot change it. Mr. Russell stated that he could not support his action in September when he did not know all the facts he had learned today. Mr. Russell then moved to rescind the Board's action to approve the application for a certificate of convenience and necessity for Virginia Lakeside Water and Sewer Company taken on September 8, 1975. The motion.was seconded by Donald R. Hodgson. The motion failed by the following recorded vote: J. Robert Russell, Aye; Donald- R. Hodgson, Aye; Dennis T. Cole, Nay; and Raymond C. Sandy, Nay. Mr. Cole stated that inasmuch as the above motion failed, the previous action o the Board would stand. He then recommended that a transcript of the proceedings of today's meeting be sent to the State Corporation Commission for their consideration. Mr. Hodgson requested that a map of the area be sent also. The Baord agreed with_th above recommendation and requested the County Administrator to see that these mater- ials were sent to the State Corporation Commission as soon as they are available. Community Development Preapplication Mr. Jones stated that the Frederick County Sanitation Authority recommends to t. Board of Supervisors that they apply to HUD for grant funds in the amount of $245,00 for water and wastewater facilities in Freetown and water facilities in Sunnyside. Certificate of Public Convenience and Necessitv for Virginia Lakeside Water and Sawa' Mr. Jones stated that the Sanitation Authority recommends to the Board of Super- visors that the Virginia Lakeside Water and Sewer Company honor their present contrac or any other valid contract and serve the entire drainage area as previously recom- mended by the Planning Commission and that future expansion be based on feasibility. FOSTER SUBDIVISION - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented the Foster Subdivision and stated that the Planning Commissio recommended denial inasmuch as it does not meet the lot requirements. Mr. Cole stated that Mr. Foster and sold his son -in -law one acre of land on whic he had extensively remodeled a house. He further stated that Mr. Dunlap had the pro- per lot size until the Highway Department had requested an additional 10 foot right o way. He pointed out that the house had been on the property for many years. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the Foster Subdivision, consisting of one (1) lot fronting Route 660 in Stonewall Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sand , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Abstaining. RESOLUTION REQUEST CERTAIN AMENDMENTS T O THE REGULATIONS OF THE COMMISSION OF GAME AND INLAND FISHERIES PERTAINING TO HUNTING FOXES IN FREDERICK COUNTY - APPROVED Mr. Dave Ramsey, Game Warden appeared before the Board and requested that certai . amendments to the game laws pertaining to hunting foxes be requested of the Commissio: of Game and Inland Fisheries in order that the season and regulations might be clari- fied in this area. He described many problems he was experiencing with the regulatioi as they are now written. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein request the following amendments be made to the hunting regulatio of the Virginia Commission of Game and Inland Fisheries as they pertain to Frederick -- 11 . _ - _ -- - -- -- - - -- - -- - - -__ - --- -- - - - - -�- - W County: .(1) Section R2 -5. Hunting with dogs or possession of weapons in certain locations during closed season; dove season. Requests that the County of "Frederick" be deleted from paragraph (c)- of said section. (2) Section R8 -6. Same -- Same -- Continuous open season. Requests that "Frederick" County be deleted from paragraph (b) of said section and the following paragraph (c) be added: ,(c) Frederick County - In the county of Frederick there shall be a continuous open season for hunting foxes with guns and dogs during daylight hours only. The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and F. Madigan, Aye. Upon motion duly made, seconded, and passed unanimously, the Board recessed for dinner. Upon motion duly made, seconded, and passed unanimously, the Board reconvened at 7:00 P.M. for the evening session. Mr. Madigan did not return for the evening sess The Chairman called the meeting to order. PUBLIC HEARINGS E TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, .608 ACRES, OF ELLA R. BAKER, THIRD AND FINAL READING - _ APPROVED Mr. Berg presented the rezoning request of Ella R. Baker and stated that the Planning Commission recommended approval of this request. There was no opposition. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 2.608 ACRES, MORE OR LESS, OF ELLA R. BAKER, LOCATED ON THE WEST SIDE OF ROUTE 608; APPROXIMATELY 1.4 MILES NORTH IN INTERSECTION WITH ROUTE 522; IN GAINESBORO MAGISTER- IAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO RESIDENTIAL, LIMIT- ED (R -1). The above resolution was passed by the following recorded vote: Raymond C. S Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. AN ORDINANCE TO AMEND THE FREDERI ZONING O RDINANCE ADOPTED C. BAKER - FA Mr. Thomas Baker appeared before the Board and stated that the property is loca ed across the street from the entrance to Capitol Records and he plans to construct small warehouses on the property. There was no opposition. Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 3.2160 ACRES, MORE OR LESS, OF SHENANDOAH VALLEY BANK AND THOMAS C. BAKER, LOCATED AT THE INTERSECTION OF ROUTE 652 AND ROUTE 816; IN BACK CREEK MAGISTERIAL DISTRICT; FROM INDUSTRIAL, GENERAL (M -2) TO INDUSTRIAL, LIMITED (M -1). The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 197 11 TO REZONE 30.3611 ACRES, OF MONTE VISTA ASSOCIATES - THIRD AND FINAL READING - APPROVED D Mr. Sandy read the ordinance in full. There was no opposition. • 1 • , • • Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, 79 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve, on third and final reading, the following ordinances: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 30.3611 ACRES, MORE OR LESS OR MONTE VISTA ASSOCIATES, FRONTING 914.51 FEET ON THE EAST SIDE OF ROUTE 11 SOUTH, BEGINNING APPROXIMATELY 1300 FEET SOUTH OF MIDDLETOWN CORPORATE LIMITS; IN.OPEQUON MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO INDUSTRIAL, LIMITED (M -1) The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 12 -1 -12 - THIRD AND FINAL READING - APPROVED Mr. Sandy read the ordinance in full. There was no opposition. • Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 12 -1 -12 TO READ: 12 -1 -12 CONTRACTOR'S EQUIPMENT STORAGE YARDS OR PLANTS, OR RENTAL OF EQUIPMENT COMMONLY USED BY CONTRACTORS, TO INCLUDE FARM AND IN- DUSTRIAL EQUIPMENT SALES AND SERVICE • The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 10 -1 -22 - THIRD AND FINAL READING - APPROVED Mr. Sandy read the ordinance in full. There was no opposition. Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 10 -1 -22 TO READ: 10 -1 -22 OFFICE EQUIPMENT AND LIGHT MACHINERY SALES AND SERVICE UNDER COVER EXCLUDING THOSE ITEMS LISTED UNDER SECTION 12 -1 -12 Ul The above resolution was passed by the following recorded vote: Raymond C. Sa Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY MOTOR VEHICLE LICENSE ORDINANCE ADOPTED AUGUST 10, 1970 AND AMENDED FEBRUARY 23, 1972 - THIRD AND FINAL READING - APPROVED Mr. Sandy presented the ordinance and asked if there were any comments from the public. There was no opposition. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve on third and final reading, the following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED AUGUST 10, 1970, AND AMENDED FEBRUARY 23, 1972, ENTITLED AN ORDINANCE TO EMPOWER THE COUNTY OF FRED- ERICK, VIRGINIA TO LEVY AND ASSESS TAXES AND CHARGE LICENSE FEES UPON MOTOR VEHICLES, TRAILERS, AND SEMITRAILERS; LIMITATIONS OF AMOUNT; DIS- POSITION OF REVENUE; REQUIRING EVIDENCE OF PAYMENT OF PERSONAL PROPERTY TAXES; PROHIBITING DISPLAY OF TAGS AFTER EXPIRATION; PUNISHMENT FOR VIO- LATION; IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION 46.1 -65 OF THE CODE OF VIRGINIA, 1950, AS AMENDED. BE IT ORDAINED, By the County,-of Frederick: LI Section 1 :. That the above- captioned_ordinance'be amended by adding Section 9 which is to read as follows: No person shall operate or permit to be operated in Frederick County any motor vehicle garaged in said county, unless there shall be displayed thereon the Frederick County License tag or sticker as provided by this , ordinance. No person shall operate, or permit to be operated, a motor LOX% vehicle garaged -in this - ; County upon which there is displayed the number plate of another county or city, nor shall any motor vehicle be operated under any fictitious number plate or under the number plate issued for another vehicle, unless legally transferred. Any person operating or permitting to be operated a motor vehicle without the proper license tag or sticker shall be charged for violation of this ordinance and shall be liable for any and all fines or penalities imposed by the Court having proper jurisdiction. Section 2. The term "Garaged" shall apply any motor vehicle owned, operated, maintained by a resident of Frederick County within said County. Section 3. Should any section or provision of this ordinance be de- clared invalid or unconstitutional, such dicision shall not effect the validity or constitutionality of any other section or provision of this ordinance. Section 4. This ordinance shall be in full force and effect upon adoption by the Frederick County Board of Supervisors. The above resolution was passed by the following recorded vote: Raymond C. S Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. APPLICATION HUD COMMUNITY DEVELOPMENT BLOCK GRANT - APPROVED Mr. Renalds reviewed the requirements for filing a preapplication for funding under the HUD Community Development Block Grant program. He stated that the Sanita- tion Authority had recommended that funds be applied for for water and sewer facili- ties in Freetown and water facilities in Sunnyside. Mr. Sandy explained that in last year's application Sunnyside had been chosen a the number one priority inasmuch as the residents of this area had appeared before the Board on numerous occasions over the past five years requesting that services be provided to their area. Mr. Richard Medley appeared before the Baord representing a delegation of resi- dents in the Freetown area and requested that funds be applied for to provide servic in the Freetown area inasmuch as they are desperately needed there. He asked if the funds applied for would be for fiscal year 1975 -76 and Mr. Renalds stated that they would but construction would probably not be started until next summer should the grant be approved. Mr. Medley requested a copy of the action taken by the Board on this matter and Mr. Sandy advised him that this would be forwarded to him. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, that County Administrator is hereby authorized to submit a preapplication for federal funds in accordance with Title I of the Housing and Community Development Act of 197 Public Law 93 -383 for water and sewerage facilities in the areas of Frederick County as outlined below: I. Freetown Area.Water and Sewerage Facilities $ 65,000 II. Sunnyside Water Facilities $180,000 Total $245,000 BE IT FURTHER RESOLVED, That this Board does hereby request that the Lord Fair- fax Planning District Commission and the Division of State Planning and Community Affairs accept and approve this preapplication for the facilities as outlined above for further filing with the U. S. Department of Housing and Urban Development. The above resolution was passed by.the following recorded vote: Raymond C. • • • • a m Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richa F. Madigan, Absent. SITE PLAN - REIMERS ELECTRA STEAM, INC. _ APPROVED Mr. Berg presented the site plan of Reimers Electra Steam, Inc. and described t proposed construction of a warehouse for storage. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- P • ginia, does herein approve the site plan of Reimers Electra Steam, Inc. to construct a warehouse (80' x 98.8') located on the west side of Route 11 North, approximately 3/10 miles of intersection with Route 669 in Stonewall Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sande, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye;-and Donald R. Hodgson, Aye. SITE PLAN - STOWE- WOODWARD INDUSTRIES - APPROVED Mr. Berg presented the site plan of Stowe - Woodward Industries and described the location of the property and proposed industry to be located thereon. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the site plan of Stowe - Woodward Industries to construct a 50,000 square foot plant, located on the property of Monte Vista Associates in Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandal, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. WILLIAM E. SANDY REAPPOINTED TO INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE COUNTY OF FREDERICK, VIRGINIA Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein reappoint Mr. William E. Sandy to serve on the Industrial ment Authority of the County of Frederick, Virginia, said appointment to commence on November 11, 1975 and terminate on November 10, 1979. The above resolution was passed by the following recorded vote: Raymond C. Sand, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. T FOR TAX REFUNDS - RUCK AND DENNEY - APPROVED Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia, does herein approve the following tax refunds as recommended by the Commissi er of Revenue: 1. Mr. Raymond A. Rucks, Rt. 1, Winchester, Virginia $29.51 - Erroneous payment of personal property taxes 2. Mr. Gregory G. Denney, Rt. 7 box 108, Winchester, Virginia $73.26 - Erroneous payment of personal property taxes The above resolution was passed by the following recorded vote: Raymond C. Sand, 1 Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. ORDINANCES - FIRST AND SECOND READING Mr. Cole stated that he could see no point in the Board voting on ordinances sented for first and second reading inasmuch as they can not be denied at this time. Mr. Sandy stated that this is just a matter of formality to recognize that they have been presented to the Board. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 1.74 O - TERIAL DISTRICT FROM RESIDENTIAL, GENERAL (R -3) TO BUSINESS, GENERAL (B -2) - FIRST FOOR AND SECOND READING - APPROVED; Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That.the Board of Supervisors of the County of'Frederick, Vir- ginia, does herein approve the following ordinance on first and second reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOV- EMBER 1, 1973, TO REZONE 1.84 ACRES, MORE OR LESS, OF LEON R. FLEISHER AND WILLIAM J. DOLIANTE, LOCATED AT THE INTERSECTION OF ROUTE 11 SOUTH AND ROUTE 706; IN BACK CREEK MAGISTERIAL DISTRICT; FROM RESIDENTIAL, GENERAL (R -3) TO BUSINESS, GENERAL (B -2). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. AN ORDINANCE TO AMEND THE FREDER COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 27 ACRES OF DANIEL E. WILLMORE IN GAINESBORO MAGISTERIAL DISTRICT FROM AG- RICULTURAL, LIMITED (A -1 ) TO RESIDENTIAL, LIMITED (R -2) - FIRST AND SECOND READING - APPROVED Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve,.on first and second reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 27 ACRES, MORE OR LESS OF DANIEL E. WILLMORE, LOCATED ON THE NORTH SIDE OF ROUTE 694, APPROXIMATELY TWO - TENTHS (2/10) MILES EAST OF INTERSECTION WITH ROUTE 522; IN GAINES- BORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO RESI- DENTIAL, LIMITED (R -2). The above resolution was passed by the following recorded vote: Raymond C. Sande, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. CONDITIONAL USE PERMIT - DOWLING COMPANY, INC. - TO ERECT SIGN ADVERTISING HOLLY FARM( CHICKEN - APPROVED Mr. Berg presented the application for conditional use permit of Dowling Company Inc. to erect a sign advertising Holly Farm Chicken. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the conditional use permit of Dowling Company, Inc. to erect one (1) location sign (40' x 10') advertising Holly Farms Chicken located be- tween Routes 11 and 81, just north of Kernstown Interchange 79 in Back Creek Magis- terial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. MOBILE HOME PERMITS - LOUDY AND KENNY - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following mobile home permits: 1. Mrs. Howard Loudy - Back Creek Magisterial District 2. Mr. Francis Kenny - Opequon Magisterial District (Storage only) The above resolution was passed by the following recorded vote: Raymond C. Sand„ Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. MONTHLY STAFF REPORT - ACCEPTED I • • • i • After review, the monthly staff report was accepted. ( FINANCE COMMITTEE RECOMMENDATIONS Resolution Requesting The Continuation of Revenue Sharing - Approved ' Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, WHEREAS, County governments in nearly half of the states budget from July throug June and all counties must make long term budget commitments to efficiently meet the needs of their citizens; and, • • I • U WHEREAS, Counties depend on general revenue sharing dollars for essential county) programs; and, WHEREAS, Revenue sharing dollars enable counties to fill locally determined vita] needs with minimal redtape and federal restrictions; and, and, WHEREAS, Efficient county government calls for well - planned advance budgeting; WHEREAS, Responsive county government depends on efficient county planning and budgeting and ample time for citizen participation; and, WHEREAS, The current revenue sharing program expires December 31, 1976, and July through June fiscal year counties must begin budgeting the previous spring; THEREFORE, BE IT RESOLVED, By Frederick County, that general revenue sharing be re- enacted by the first session of the 94th Congress providing counties with advance dollar figures that can be used for efficient, responsive planning of programs and budgets and that can be identified for more than half of their fiscal 1 76 year and c be incorporated in long term effective planning; and, BE IT FURTHER RESOLVED, That a copy of this resolution along with the summary port be immediately forwarded to the Senate and the House of Representatives. The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. ( AMENDMENT TO COUNTY GRIEVANCE PROCEDURE - APPROVED Mr. Renalds read the recommended amendment to the County Grievance Procedure as recommended by the Finance Committee. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- Iginia, does herein approve the following amendment to the County Grievance Procedure setting forth the definition of "grievance ": A grievance is a complaint based upon an event or unreasonable con- dition which affects the circumstances or environment under which an em- ployee works, such as unfair application or interpretation of existing pol- icies, unreasonable or unsafe working conditions or requirements, or the lack of established policy pertaining to a particular employment situation. The term grievance as used herein shall not be interpreted to mean negotia- tions of wages, salaries, or general employee benebits. The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. REVISED 1975 -1976 PARKS AND RECREATION BUDGET - DISCUSSED Mr. William Pike, Director of Parks and Recreation, appeared before the Baord presented a revised 1975 -1976 budget for the Parks and Recreation Department. the salary increases contained therein. Mr. Cole stated that he was in favor of the revised budget with the exception of Mr. Pike stated that these increases were requested because of the increased load of the two individuals concerned. Mr. Russell stated that he had been through this budget quite extensively with the Parks and Recreation Commission and he would strongly recommend that it be ed inasmuch as this would bring their budget in line. There followed lengthy discussion as to the various category alignments. Mr. Sandy and Mr. Hodgson stated that they concurred with Mr. Cole in that they approved of the revised budget but could not approve a pay increase in the middle of the budget year. Mr. Pike requested that the Board go into executive session to discuss this mat- ter. Mr. Sandy advised him that they would honor this request after the business on the agenda had been completed. e j. BUDGET ADJUSTMENT FOR THE PURCHASE OF GRILLS FOR RUBBERMAID SHELTER - APPROVED Mr. Pike stated that he had received a $100 donation from Rubbermaid, Inc. for the purpose of installing two grills at their Shelter in the park. He requested a budget transfer in order that these grills might be installed. Upon motion made by Donald R. Hodgson, and seconded by Dennis T. Cole, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following supplemental appropriation within the 1975 -1976 General Fund Operating Budget is here by approved: To: 19- 18F5 -499A $100.00 The above resolution was passed by the following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. RECOMMENDATIONS FROM COMMITTEE ON LAW ENFORCEMENT AND COURTS Youth Options Program Under Direction of Judge David Simpson - Approved Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve a Youth Options Program as recommended by Judge David G. Simpson, said program to be under the direction of Judge Simpson and funded by excess funds already on hand and to be received in the very near future from the Driver Im- provement Clinic Program and the Alcohol Safety Action Program. The above resolution was passed by the following recorded vote: Raymond C. S Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. RECOMMENDATIONS FROM COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT Preliminary Approval of Landfill Contract Between City and County Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein grant preliminary approval of the landfill contract between the County and the City as submitted this date. The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. NTMENT OF JAMES W. GOLLADAY, JR. TO FREDERICK COUNTY PLANNING COMMISSION - Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein appoint James W. Golladay, Jr. to the Frederick County Planning ssion to fill the unexpired term of James W. Golladay, Sr., said term to expire it 7, 1977. The above resolution was passed by the following recorded vote: Raymond C. e; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. SUBDIVISIONS GORDONDALE, SECTION 4 - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented Gordondale Subdivision, Section 4 and stated that only one 11 have a house on it in Virginia, the remainder of the lots are in West Virginia. He stated that Health and Highway Department approvals had been received. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- 3inia, does herein approve Gordondale Subdivision, Section 4, consisting of one lot (Virginia) fronting Route 670 in Stonewall Magisterial District. 1� • • • 1 • The above resolution was passed by the following recorded vote: Raymond C. • 7 u Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. SOUTHVIEW SUBDIVISION, SECTION 2 - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Berg presented Southview Subdivision, Section 2 and stated that all the lots had been approved by the Health Department and the road had been approved by the High. way Department. Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the Southview Subdivision, Section 2 consisting of twelve (12) lots on Route 850 extended located in Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, U Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. EROSION AND SEDIMENTATION CONTROL PLAN - STOWE WOODWARD INDUSTRIES - APPROVED Mr. Renalds advised the Board that a complete erosion and sedimentation control plan had been received from Stowe Woodward Industries and has been approved by the Engineering Department in accordance with the County Ordinance. REQUEST TO MOVE LAW LIBRARY TO OFFICES FORMERLY OCCUPIED BY COMMONWEALTH'S ATTORNEY APPROVED Mr. Renalds requested authorization to move the County Law Library to the offic formerly occupied by the Commonwealth's Attorney and that keys to the library be is- STATEMENT PRESENTED BY MR. SANDY ON COUNTY'S FINANCIAL CONDITION Mr. Sandy stated that he would like to present a brief statement pertaining the financial condition of the County. He stated that it had been said that Frederick County had had $1,000,000 in 1971 and this Board has squandered it. He then request Mr. James Boyd, Director of Accounting to present the exact figures as they were in 1971 and as they are this date. Mr. Boyd stated that at the end of fiscal year 1971 the County surplus was • $874,002 and at the end of fiscal year 1975 the surplus was $1,796,917. Mr. Boyd stated that the figure for fiscal year 1975 did not include the loans to the Sanita- tion Authority nor the funds in the School Building Program. Mr. Sandy stated that if all the funds were lumped together, the surplus today would be approximately $3.8 million dollars. BOARD MEETING FOR NOVEMBER 26, 1975, CANCELLED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • sued to the Judges and the Commonwealth Attorney. second meeting The Board agreed to this request. STATEMENT PRESENTED BY MR. SANDY ON COUNTY'S FINANCIAL CONDITION Mr. Sandy stated that he would like to present a brief statement pertaining the financial condition of the County. He stated that it had been said that Frederick County had had $1,000,000 in 1971 and this Board has squandered it. He then request Mr. James Boyd, Director of Accounting to present the exact figures as they were in 1971 and as they are this date. Mr. Boyd stated that at the end of fiscal year 1971 the County surplus was • $874,002 and at the end of fiscal year 1975 the surplus was $1,796,917. Mr. Boyd stated that the figure for fiscal year 1975 did not include the loans to the Sanita- tion Authority nor the funds in the School Building Program. Mr. Sandy stated that if all the funds were lumped together, the surplus today would be approximately $3.8 million dollars. BOARD MEETING FOR NOVEMBER 26, 1975, CANCELLED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • I ginia, does herein cancel the second meeting for the month of November, 1975, said meeting previously scheduled for November 26, 1975. The above resolution was passed by he following recorded vote: Raymond C. Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Dennis T. Cole and seconded by J. Robert Russell and passed ' unanimously the Board retired into executive session at the request of the Director Parks and Recreation to discuss budget and personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Dennis T. Cole, and seconded by J. Robert Russell and passed unanimously the Board withdrew from executive session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Dennis T. Cole, and seconded by J. Robert Russell and passed unanimously, the Board reconvened into Regular Session, REVISED BUDGET 1975 -1976 PARKS AND RECREATION DEPARTMENT - APPROVED LESS SALARY IN- CREASES Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that the 1975 -76 budget is hereby amended as follows: General Revenue Fund Revenue Estimates Increase: 05 -7170 Recreation fees and admissions, etc. $9,711.00 General Operating Fund Appropriations INCREASE 18F1 -109A 109B 109F 213B 217 218 220 221 312 319 399 18F2 -215B 218 311 18F3 -130 299 325 399A 399B 399C 399D 18F4 -123 215A 215C 215D 302 304 18F4 -312 318 399A 18F5 -207C 210 218 399B 399C 399D 19 -18F1 -403 19 -18F4 -400 499A 19 -18F5 -499A 499D 601A TOTAL $5,285.00 1,333.00 150.00 450.00 700.00 400.00 300.00 50.00 600.00 150.00 3,500.00 1,400.00 10.00 200.00 5,850.00 180.00 1,050.00 100.00 350.00 3,200.00 1,100.00 373.00 400.00 450.00 400.00 4,000.00 3,500.00 3,500.00 2,000.00 300.00 800.00 200.00 250.00 1,000.00 500.00 500.00 250.00 1,100.00 1,000.00 500.00 510.00 250.00 48,141.00 DECREASE 18F1 -209 212 215A 215C 325 18F2 -207 18F3 -123 302 306 18F4 -217 306 308 18F5 -123B 130A 18F5 -207A 207B 215C 215D 302 304 306 312 318 399A 18F6 -207 312 18F7 -220 18F7 -399 ]938F1 -499 1938F5 -499C TOTAL $ 160.00 100.00 100.00 50.00 150.00 70.00 1,000.00 3,300.00 400.00 500.00 50.00 400,00 8,100.00 2,250.00 150.00 200.00 500.00 150.00 2,500.00 2,000.00 650.00 2,000.00 1,100.00 600.00 100.00 500.00 200.00 3,500.00 7,500.00 150.00 38,430.00 n • • • The above resolution was passed by the following recorded vote: Raymond C. Sa Aye; J. Robert Russell, Aye; Dennis T. Cole', Aye; and Donald R. Hodgson, Aye. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Superv, l J At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the' 10th day of December, 1975, in the Board of Supervisors' Meeting , Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole; and Donald R. Hodgson. ABSENT: Richard F. Madigan, The Chairman called the meeting to order. m • • I r] APPROVAL OF MINUTES - REGULAR MEETING - NOVEMBER 12, 1975 Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the minutes of the Regular Meeting of this Board held on November 12, 1975, as submitted. The above resolution was passed by the following recorded vote: Raymond C. Sand , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. APPROVAL OF BILLS Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the bills for the month of November, 1975, in the amount o $72,776.45 and does order the same paid by Warrants #12270 through #12579, said bills to include the General Fund Agenda in the amount of $57,838.93; the Jail Expenditures in the amount of $5,245.76; the part -time payroll in the amount of $4,206.92; and the semi annual payment for state and local hospitalization in the amount of $5,484.84. The above resolution was passed by the following recorded vote: Raymond C. Sandy 1 , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. APPROVAL OF PAYROLL Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virgin ia, does herein approve the payroll for the month of November, 1975, in the amount of $71,834.26 and does order the same paid by Warrants #12155 through #12269. The above resolution was passed by the following recorded vote: Raymond C. Sand 1 , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. HEALTH DEPARTMENT Mr. Renalds stated that the State Trappers are now working in Frederick County and to date have trapped 50 foxes, 34 skunks, and 44 opossums. Mr. Sandy stated that he had received a complaint that traps had been set on a piece of property without the owner's consent and dogs had been caught in the traps. ' Mr. Cole stated that he had discussed this matter with the landowner involved a had also talked with the trappers and the matter has been resolved. REDERICK COUNTY SANITATION AUTHORITY - REQUEST FOR LOAN FUNDS - APPROVED Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that HIGHWAY DEPARTMENT Sandy thanked Mr. King, on behalf of the Mr. King appeared before the Board and stated that he had nothing to present fr • the Highway Department. the Highway Department during the tenure Mr. Sandy requested that the new striping on Middle Road be checked inasmuch as • he had received complaints that areas now marked with a broken line should have been marked with a solid line thereby creating a safety hazard. Mr. King advised that he would check into the matter. Mr. Russell stated that the crossing on Route 50 west is still bad and Mr. King stated that this is being investigated at the present time. Mr. King thanked the Board for their help and cooperation during the past four years. HEALTH DEPARTMENT Mr. Renalds stated that the State Trappers are now working in Frederick County and to date have trapped 50 foxes, 34 skunks, and 44 opossums. Mr. Sandy stated that he had received a complaint that traps had been set on a piece of property without the owner's consent and dogs had been caught in the traps. ' Mr. Cole stated that he had discussed this matter with the landowner involved a had also talked with the trappers and the matter has been resolved. REDERICK COUNTY SANITATION AUTHORITY - REQUEST FOR LOAN FUNDS - APPROVED Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that Mr. Sandy thanked Mr. King, on behalf of the Board of Supervisors, for the • ation of the Highway Department during the tenure of the Board. HEALTH DEPARTMENT Mr. Renalds stated that the State Trappers are now working in Frederick County and to date have trapped 50 foxes, 34 skunks, and 44 opossums. Mr. Sandy stated that he had received a complaint that traps had been set on a piece of property without the owner's consent and dogs had been caught in the traps. ' Mr. Cole stated that he had discussed this matter with the landowner involved a had also talked with the trappers and the matter has been resolved. REDERICK COUNTY SANITATION AUTHORITY - REQUEST FOR LOAN FUNDS - APPROVED Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that 88 loan in the amount of $34,780.20 is hereby authorized to the Frederick County Sanita- tion Authority; and, . BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended fror budget code 10- 01OH -902B of the General Fund and that this loan is part of and not an addition to the approved loans to the Frederick County Sanitation Authority as approv- ed by this Board at a regular meeting on April 12, 1972, and is subject to the terms so established on that date. The above resolution was passed by the following recorded vote: Raymond C. Sand) Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; and Dennis T. Cole, Abstaining. FREDERICK COUNTY - WINCHESTER LANDFILL AGREEMENT - APPROVED The Board discussed the proposed Frederick County- Winchester Landfill Agreement and Mr. Russell stated that he felt perhaps Clarke County should be included in the agreement inasmuch as they too use.the'landfill. The Board agreed that perhaps a separate contract could be negotiated with Clarke County. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following Frederick County- Winchester Agree- ment and does herein authorize the Chairman of the Board and the County Administrator to execute same on behalf of the County: FREDERICK COUNTY - WINCHESTER LANDFILL AGREEMENT This Agreement, made and dated this 20th day of November , 1975 , by and between the County Board of Supervisors for the County of Frederick, Virginia hereinafter referred to as The County, party of the first part, and The City of Winchester, Virginia, hereinafter referred to as The City, party of the second part. Whereas, The County and The City are parties to a certain oral agree- ment at this time for the disposal of City refuse at the Frederick County - Winchester Landfill; and, Whereas, it is the desire and intention of The County and The City to set forth the terms of this oral agreement in writing as of the date of the execution of this Agreement: Now, therefore, Witnesseth: That for and in consideration of the premises of and of the mutual obligations herein undertaken: It is hereby mutually agreed by the parties hereto that The County shall dispose of any domestic refuse from within the Corporate limits of the City of Winchester at the Winchester & Frederick County owned Sanitary Landfill site purchased by The City in September 1970 and jointly held by Frederick County and The City since June, 1972 located off Sulphur Spring Road in Fred- erick County in accordance with the following provisions: 1. Whenever vehicles hauling refuse belonging to The City or its contracted agent enters The County, all county ordinances and regulations shall apply. 2. The County reserves the right to refuse to accept any material that might be considered hazardous or is forbidden by County regulations and /or State regulations. 3. The City shall reimburse The County for this disposal service on a monthly basis in accordance with The County's per ton cost of operation. This cost shall.be determined by the following factors: (a) operational cost. r L� n U • E 1 U 1 AM (b) equipment depreciation. (c) buildings and grounds maintenance. (labor and personnel costs) (d) administration. It is mutually agreed that any deficit on June 30th of any fiscal year due to operational expenses exceeding revenue will be offset by the City and County each paying its portion using population as the guide for determining the portion each is to pay. Should weighing device(s) be inoperable reimbursement shall be made in accordance with Emergency Rates established by the Frederick County Board of Supervisors. The County shall furnish a summary of this cost of operation within thirty days after July 1st annual- ly. be formula for There shall a established public users and a formula for each political subdivision. 4. The County reserves the right to adjust the per ton disposal rate semi - annually effective at the end of the billing period in January and July of each year in order to reflect any changes that might occur in those cost factors as set forth in Section 3. ' S. All rules of operation that pertain to the Landfill shall apply to The City. • 6. It is mutually agreed that the day -to -day management of the joint sanitary landfill shall be performed by the County Department of Engineering; and the City Public Works Department. 7. It is mutually agreed that the firms, business and corporations located within the City of Winchester shall be permitted to use the Frederick County - Winchester Sanitary Landfill according to a per ton rate established by general resolution of the Board of Supervisors, and so long as all State and /or County regulations are upheld. It is further mutually understood and expressly agreed by parties hereto • that written notice shall be given by either jurisdiction of its intention to terminate this agreement six (6) months prior to such termination. ' /s/ Raymond C. Sandy Raymond C. Sandy, Chairman Frederick County Board of Supervisor: ATTEST: /s/ J. O. RenaldS,III J. O. Renalds, III • County Administrator /s/ Wendell L. Seldon Wendell L. Seldon City Manager City of Winchester, Virginia ATTEST: /s/ B. M. Perrero ' B. M. Perrero Clerk of Council Winchester, Virginia The above resolution was passed by the following recorded vote: Raymond C. Sandi Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. RESOLUTION ACKNOWLEDGING CETA TITLE VI GRANT FU NDS AM •i Upon motion made J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that CETA Title VI grant in the total amount of $61,163.04 is hereby acknowledged; and, BE IT FURTHER RESOLVED, That in accordance with the above grant the following 1975 -1976 budget adjustment is hereby acknowledged: Increase Revenue Estimate General Revenue Fund 05 -6800 Emergency Employment Funds $61,163.04 Increase Appropriations School Operating Fund 17 -17K4 -010 Resource Teachers $54,935.04 Mr. Berg presented the application of S. Herbert Shackleford for a building per- 17 -17K4 -020 Aids - Evaluation and Service Center $ 6,228.00 Total $61,163.04 The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T, Cole, Aye; and Donald R. Hodgson, Aye. BUILDING PERMIT - S. HERBERT SHACKLEFORD - that the barn would be moved from an A -2 zone to an R -2 zone but the use of the pro- mit to relocate a pole barn on his property in Opequon Magisterial District and perty would remain the same. • Mr. Cole asked Mr. Berg if he thought this would create future problems and Mr. Berg stated he did not. There followed a short discussion on properties where the zoning was changed the zoning ordinance and map were passed therefore requiring property owners to have their property rezoned for specific uses. Mr. Berg advised the Board that there were many instances where the zoning had been changed with the adoption of the new ordinanc and many changes would have to be made in these cases. He further advised the Board that in the case of Mr. J. Richard Michael the Planning Commission felt they did not want to rezone the property as requested by Mr. Michael inasmuch as it can not be use for his intended purpose inasmuch as there are no water and sewer services available, at this location. Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the application of S. Herbert Shackleford for a building permit to relocate a pole barn on his property in Opequon Magisterial District, from property zoned A -2 to property zoned R -2. The above resolution was passed by the following recorded vote: Raymond C. S Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. REQUEST FOR REFUNDS - LASTER, LEGGE, NESSELRODT, AND GERACI - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following requests for refunds as recommended by the Commissioner of Revenue: 1. James Laster, 125 Garden Court, Winchester, Virginia - $79.74 Erroneous payment of personal property taxes. 2. Edward M. Legge, Rt. 2 Box 720 Apt. 4, Front Royal, Virginia - $6.66 Erroneous payment of personal property taxes. 3. Rebacca Nesselrodt, 1204 Downey St. Apt #1, Radford, Virginia - $86.49 Erroneous payment of personal property taxes. 4. Joseph C. Geraci, Box 233, Middletown, Virginia - $37.00 Erroneous payment of real estate taxes. ;e • • • 1 91 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. PLANNING COMMISSION RECOMMENDATION RE: COMMERCIAL PRINTING OF ZONING ORDINANCE - APPROVED Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the Planning Commission recommendation to have printed two hundred (200) copies of the Zoning Ordinance by the Commercial Press at a cost of Fiv Hundred Nineteen Dollars and Forty Cents ($519.40), said ordinances to be sold at a cost to cover the printing of same. The above resolution was passed by the following recorded vote: Raymond C. Sandy", • IAye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. SUBDIVISIONS - SPECIAL CONSIDERATION: I ELVA S. CARPER SUBDIVISION - STONEWALL MAGISTERIAL DISTRICT - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • Iginia, does herein approve the subdivision of Elva S. Carper containing two lots in ISunnyside fronting Carper Drive in Stonewall Magisterial District, with the following stipulation to be set forth on the plat of said subdivision: Under the authority granted by:.Section 7 -1 EXCEPTIONS, the administrator grants a variance to the requirements of Section 4 -17 LOCATION. This variance is granted because this is an existing development where sufficient right -of -way is im- possible to obtain, and with the understanding that the right - of -way is not dedicated to Frederick County and will not be State maintained. The above resolution was passed by the following recorded vote: Raymond C. Sandi, • 1 • Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. GARBER SUBDIVISION - GAINESBORO MAGISTERIAL DISTRICT - APPROVAL RESCINDED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein rescind its action of August 27, 1975, wherein approval was gran to the Garber Subdivision containing three lots fronting Route 608 in Gainesboro Mag terial District inasmuch as it has been determined that said property is not eligible for resubdivison but must be rezoned and subsequently subdivided in accordance with the Frederick County Division of Land Ordinance; and, BE IT FURTHER RESOLVED, That the above action shall render null and void any and all plats executed by the Board Chairman and County Administrator pursuant to the act ion of the Board on August 27, 1975. The above resolution was passed by the following Recorded vote: Raymond C. Sand{, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. SUBDIVISIONS CATHER LOTS - SECTION I - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the Cather Lots, Section I, containing four (4) lots fron tional impact fee of $444. ing Route 654 in Back Creek Magisterial District subject to the payment of a recrea- The above resolution was passed by the following recorded vote: Raymond C. Sandi, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. ELMER OATS PLAT REVISION - BACK CREEK MAGISTERIAL DISTRICT - APPROVED 92 Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, That the Baord of Supervisors of the County of Frederick, Vir- ginia, does herein approve the plat revision of Elmer Oats to enlarge Lot B -2 from 1.520 acres to 1.606 acres, said property located in Back Creek Magisterial District.[ The above resolution was passed by the following recorded vote: Raymond C. S Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. MONTHLY STAFF REPORT - ACCEPTED After review by the Board, the monthly staff report was accepted. REAPPOINTMENT - C. ROBERT SOLENBERGER TO FREDERICK- WINCHESTER SERVICE AUTHORITY - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein reappoint C. Robert Solenberger as the citizen member of the Fred- erick - Winchester Service Authority for a term of two years, said term to commence on January 1, 1976 and terminate on December 31, 1977. The above resolution was passed by the following recorded vote: Raymond C Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. ORDINANCES - FIRST AND SECOND READING J. P. DARLINGTON - REZONING REQUESTS - WITHDRAWN Mr. Renalds stated that a letter had been received from Mr. J. P. Darlington's attorney requesting the three rezoning requests of Mr. J. P. Darlington as set forth on the agenda be withdrawn. The Board agreed to this withdrawal. ZONING MAP AMENDMENT PETITION NO. 002 -76 OF RAY H. AND KATHRYN E. BOWMAN - 1.14 ACRES IN ST ONEWALL MAGISTERIAL DISTRICT - FIRST AND SECOND READING - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following Zoning Map Amendment on first and second reading: ZONING MAP AMENDMENT PETITION NO. 002 -76 OF RAY H. AND KATHRYN E. BOWMAN, BOX 147, CLEARBROOK, VIRGINIA, HEREBY REQUEST THAT 1.14 ACRES, MORE OR LESS, FRONTING 466.01 FEET ON THE EAST SIDE OF ROUTE 11, BEGINNING APPROX- IMATELY 400 FEET NORTH OF INTERSECTION WITH ROUTE 672 EAST, NOW ZONED AG- RICULTURAL, GENERAL (A -2) BE REZONED: BUSINESS, GENERAL (B -2). THIS PRO- PERTY IS DESIGNATED AS 33 -(A) -117, 118, 118A ON TAX MAP 33 AND IS IN STONE- WALL MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Raymond C. S Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. ZONING MAP AMENDMENT PETITION NO. 004 -76 OF MILLER SHAWNEE MAGISTERIAL DI - FIRST AND SECOND RE INC. - 1.62 Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following Zoning Map Amendment on first and second reading: ZONING MAP AMENDMENT PETITION NO. 004 -76 OF MILLER AUTO SALES, INC., ROUTE 1, BOX 90, WINCHESTER, VIRGINIA, HEREBY REQUESTS THAT 1.62 ACRES, MORE OR LESS, LOCATED ON THE EAST SIDE OF ROUTE 522, APPROXIMATELY THREE - TENTHS (3/10) MILES SOUTH OF INTERSECTION WITH ROUTE 644, NOW ZONED AGRICULTURAL, GENERAL (A -2) BE REZONED: BUSINESS, GENERAL (B -2). THIS PARCEL IS DESIGNATED AS 76 -(A) -4 ON TAX MAP 76 AND IS IN SHAWNEE MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Raymond C. Sa [Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. Z ZONING MAP WALL MAGIS PETITION NO. 005 -7 NA M. MOULDEN - 98.70 ACRES IN ING - APPROVED ri , • 1 • • • Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, 93 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve the following Zoning Map Amendment on first and second reading: ZONING MAP AMENDMENT PETITION NO. 005 -76 OF MELVINA M. MOULDEN, 932 ALLEN DRIVE, WINCHESTER, VIRGINIA, HEREBY REQUESTS THAT 98.70 ACRES, MORE OR LESS, LOCATED NEAR THE INTERSECTION WITH ROUTES 739 AND 761 (FRONTING THE EAST SIDE OF ROUTE 739 AND THE SOUTH SIDE OF ROUTE 671) NOW ZONED AGRICUL- TURAL, GENERAL (A -2) BE REZONED: RESIDENTIAL, LIMITED (R -2). THIS PARCEL IS DESIGNATED AS 32- (A) -63 ON TAX MAP 32 AND IS IN STONEWALL MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Raymond C. S Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. There was a short discussion regarding notification of the Board of Supervisors of rezoning requests before they are heard by the Planning Commission so that the Board will be advised of what is in the rezoning process. Mr. Renalds suggested that a copy of the advertisement sent to the Winchester Evening Star be sent to the Board members so that they will have information on any rezonings being processed. DOG WARDEN - REPORT Mr. Harold Whitacre, Frederick County Dog Warden, appeared before the Board and J presented his monthly report. MOBILE HOME PERMIT - BRUCE WHITACRE - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of frederick, Vir- ginia, does herein approve the mobile home permit of Bruce Whitacre to locate a home on his property in Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sand, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. RESOLUTION CLOSING COUNTY OFFICES DECEMBER 26TH AND DECEMBER 27TH, 1975, - APPROVED Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Frederick County Board of Supervisors that all Frederick n U County offices are directed to be closed on Friday, December 26, 1975 and Saturday, December 27, 1975, in observance of the Christmas Holidays and does hereby take note that the regular business day of Friday, December 26, 1975 has been declared a State Holiday by the Virginia Governor. The above resolution was passed by the following recorded vote: Raymond C. Sand , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. RESOLUTION AUTHORIZING COMMISSIONER OF REVENUE TO HIRE TEMPORARY OFFICE HELP - APPROV C Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, • BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the Commissioner of Revenue is hereby authorized to hire temporary office help not to exceed a total of $2,000.00 as allowed by the State Compensation Board; and, BE IT FURTHER RESOLVED, That this Board does hereby request that the State Com- pensation Board participate in the above contemplated expenditure. The above resolution was passed by the following recorded vote: Raymond C. Sa Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. RESOLUTION RECEIVING AND ACCEPTING AS CERTIFIED PRECINCTS AND POLLING PLACES FOR MAG- TCTRRTDT. nTCTPTrMQ TM 7.'T7Rn PPTrV f'(VTMTV VTDr TTQTD - DDDD/IVFTI Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Frederick County Board of Supervisors that the below list ed precincts and polling places for the five (5) magisterial districts in Frederick County be hereby received and accepted as certified this 10th day of December, 1975, 94 by Mr. William Fraula, Secretary of the Frederick County Electoral Board, and Mrs. Mary Gay Conner, General Registrar for Frederick County, said certification on file i the office of the County Administrator of Frederick County, Virginia, and does furthe direct that these precincts and polling places within these five (5) magisterial dis- tricts be hereby established and confirmed this date: , Back Creek Magisterial District Precinct Polling Place Gore Gore School Kernstown Shenandoah Gas Company Russells Community Building Gainesboro Magisterial District Precinct Polling Place Albin Apple Pie Ridge School Gainesboro Gainesboro School Opequon Magisterial District Precinct Polling Place • Stephens City Aylor Junior High School Middletown Middletown School Shawnee Magisterial District Precinct Polling Place Carpers Valley Sensen�School Stonewall Magisterial District Precinct Polling Place Clearbrook Stonewall School Neffstown Office of Frederick Block Company The above resolution was passed by the following recorded vote: Raymond C. Sand , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. • RESIGNATION OF DR. H. BRIAN LANDES FROM HIGHWAY SAFETY COMMITTEE ACCEPTED Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein accept the resignation of Dr. H. Brian Landes as Chairman of the Frederick County Highway Safety Committee and does direct that a letter of apprecia- tion be sent to Dr. Landes for his service on said committee: The above resolution was passed by the following recorded vote: Raymond C. Sand Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. Upon motion duly made, seconded and passed unanimously the Board recessed until • 7:00 P.M. The Board reconvend at 7:00 P.M. the to , The Chairman called meeting order. PUBLIC HEARINGS AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 1.84 ACRES OF LEON R. FLEISHER AND WILLIAM J. DOLIANTE IN BACK CREEK MAGIS- TERIAL DISTRICT FROM R -3 TO B -2 - TABLED Mr. Thomas Shultz appeared before the Board representing the petitioners, Leon R� Fleisher and William J. Doliante, and stated that the petitioners would request that 19761 • decision on their rezoning request be tabled until the first meeting in January, at which time they would endeavor to present to the Board the proposed use of the pro perty. Mr. Bob Claytor appeared before the Board representing the Opequon Memorial Church and stated that they objected to some of the types of businesses allowed in the re- quested zoning district. He requested that they be advised of the type business pro- posed for the property inasmuch as the Church was desirous of maintaining the religio s atmosphere in this area. , Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein table the rezoning request of Leon R. Fleisher and William J. Doli ante to rezone 1.84 acres in Back Creek Magisterial District from Residential, Genera 95 (R -2) to Business, General (B -2) until the first regular meeting of the Board in Jan- uary, 1976. The above resolution was passed by the following recorded vote: Raymond C. Sa Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 ES OF DANIEL E. WILLMORE IN GAINESBORO MAGISTERIAL DISTRICT FROM A -1 TO R -2 - DENIED No one appeared in support of the rezoning request of Daniel E. Willmore. Mr. John Boyd appeared before the Board in opposition to this rezoning request J L • r� U and stated that he represented approximately 85 citizens who are opposed to this re- quest. He then presented petitions containing approximately 85 names setting forth their opposition to this rezoning. Mr. Boyd stated that these.citizens were opposed to this rezoning request beca they felt the property was good agricultural land and should be maintained as such; that development of the property would create a need for additional public services thereby raising taxes; that the residents in the area are there because of its rural nature and this would be destroyed should the property be developed; and that with th Summit and the recently approved Wheatlands Subdivision, the residents felt there was no need for further development at this time. Mr. Boyd added that all the adjoining property owners had signed the petition in opposition to this rezoning. Mr. Berg stated that the Planning Commission in recommending denial of this re- zoning request had concentrated on the rural nature of the property and the seven lot which would be facing the road front. He further stated that the Planning Commission felt it would be appropriate to take the same action on this request as they have on requests of a similar nature. Mr. Berg stated that the Planning Commission felt this would be the first of many requests inasmuch as Mr. Willmore owns approximately 100 acres of land and would create a development far from work and shopping areas. He added that Mr. Willmore has not contacted the Health Department as requested by the Planning Commission to have the site tested generally for suitability for wells and septic systems. Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein deny the following ordinance, on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOV- EMBER 1, 1973, TO REZONE 27 ACRES, MORE OR LESS, OF DANIEL E. WILLMORE, LOCATED ON THE NORTH SIDE OF ROUTE 694, APPROXIMATELY TWO- TENTHS (2/10) MILES EAST OF INTERSECTION WITH ROUTE 522; IN GAINESBORO MAGISTERIAL DIS- TRICT; FROM AGRICULTURAL, LIMITED (A -1) TO RESIDENTIAL, LIMITED (R -2) • The above resolution was passed by the following recorded vote: Raymond C. Sa Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Donald R. Hodgson, Aye. MOTION TO RETURN PREVIOUSLY APPROVED FUNDS TRANSFERRED FOR PURCHASE OF SCHOOL P TO ORIGINAL BUDGET CATEGORY - DIES FOR LACK OF A SECOND Mr. Sandy asked Mr. Ambrogi if he felt the funds set aside for the purchase of school property should be brought back under County control inasmuch as the option on the Kenray property has been withdrawn. Mr. Ambrogi stated that in view of the events of the last few weeks, he felt the funds should be returned to the category from which they were taken. He further sta ed that he felt it would be in the best interest of everyone concerned to rescind the previous action of the Board and return the money to its original budget category. Mr. Cole stated that he felt this might tie down progress in the construction of new high school and he could not see the purpose in rescinding the previous action of the Board. Mr. Cole added that the Board of Supervisors has no control over the pur- W chase of school property; it is the responsibility of the School Board as set forth State law. Mr. Sandy stated that he felt the proposed action might allow the Board of Superi visors to be aware of what is going on and might assist in bringing the Board of Sup-1 ervisors, the Board of Education, and the Planning Commission closer together. Mr. Thomas Malcolm stated that he felt the proposed action was unnecessary and inasmuch as it was a big issue when it was previously approved it might become a big issue again if the Board action is rescinded. Mr. Hodgson stated that he felt the property should have been bought under the option but inasmuch as it was not he moved that the previous action of the Board of Supervisors wherein the funds were transferred for purchase of the Kenray property bel rescinded. The motion died for lack of a second. REASSESSMENT DISCUSSED A gentlemen appeared before the Board and asked what was being done about the recent reassessment inasmuch as many people feel that the reassessment of their pro- perty is unfair. Mr. Sandy advised that it would be up to the new Board as to whether or not they will ask for another reassessment as recommended by the present Board. Mr. Alfred Snapp appeared before the Board and extended his thanks to the Board for their many hours of work. He stated that he felt the Board had done a splendid job and had brought Frederick County forward during their term in office. Mr. Renalds also thanked the Board for their cooperation and support. Mr. Sandy stated that it had been a privilege to work with the present Board and also the previous Board. He stated that he had found the last four years to be a challenge. He thanked the staff and the press for their cooperation during his term in office. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. O. 4. - - SeCV tary Bd. of Supervisors The Annual Meeting of the Frederick County Board of Supervisors was held on Mon- day, January 5, 1976, in the Board of Supervisors' Meeting Room, 9 Court Square, Win- chester, Virginia, at 7:30 P.M. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger; Dr. Raymond Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Chairman called the meeting to order. Mr. Koontz introduced the Reverend Conrad Christianson who opened the meeting with a prayer. The Chairman introduced each member of the Board of Supervisors and presented opening remarks relative to the relationship the new board hopes to establish with tY citizens of Frederick County. He requested the supervisors to vote clearly and con- cisely on all issues so that the votes might be recorded in the minutes. Mr. Koontz stated that County citizens would be placed on committees and commissions and County employees would serve as consultants but would not vote. THOMAS B. ROSENBERGER ELECTED VICE - CHAIRMAN OF BOARD OF SUPERVISORS Mr. Owings nominated Mr. Thomas B. Rosenberger for the position of Vice - Chairman lof the Board of Supervisors for the calendar year 1976. Mr. R. Thomas Malcolm • • • 97 ed the nomination. Mr. Cole called for a vote on the nomination as set forth in the following resolution: BE IT RESOLVED, By the Frederick County Board of Supervisors that Thomas B. Rose berger be hereby elected and designated as Vice - Chairman of the Frederick County Boar of Supervisors for the calendar year January, 1976 through December, 1976. The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Raymond Fish, Aye; Will Owings, Aye; Thomas Malcolm, Aye; Dennis T. Cole, Aye; and Thomas B. Rosenberger, Not Voting. SALARY CHAIRMAN AT LARGE - COMMITTEE ESTABLISHED TO STUDY AND MAKE RECOMMENDATION TO l - BOARD'AT NEXT REGULAR MEETING Mr. Koontz requested Dr. Fish, Mr. Owings, and Mr. Renalds to serve as a committ e • to study and make recommendations to the Board at the next regular meeting as to the salary of the Chairman and the guidelines to be followed regarding such matters as attendance at conferences and reimbursements. DATES, TIMES, AND PLACES FOR REGULAR MEETINGS OF FREDERICK COUNTY BOARD OF SUPERVISOR ESTABLISHED FOR CALENDAR YEAR 1976 Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following dates, times and are hereby set for the Regular Meetings the Frederick places of County Board of Supervisors effective January, 1976: • Second and Fourth Wednesdays of each month 7:00 P.M. Board of Supervisors' Meeting Room, County Administration Building The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. ESTABLISHMENT OF THE RULES OF PROCEDURE OF BOARD OF SUPERVISORS Mr. Koontz requested that all votes be recorded and stated that the Chairman would vote. • There followed a short discussion as to whether or not a tie breaker should be appointed, the consensus of the Board being that this could be done at a later date ' should it become necessary. Mr. Koontz requested Mr. Renalds to act as parliamentarian for the Board and Mr. Renalds agreed to act in this capacity. Upon motion made by Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein direct that all members of the Board of Supervisors shall have a • vote including the Chairman at Large; further, that in the event there is a tie vote the motion will die and may be returned at the next regular meeting. The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. ROBERTS RULES OF ORDER ADOPTED Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that the standard rules of procedure entitled "Roberts Rules of Order" be hereby adopt- ed as the manual of parliamentary procedure for meetings of the Frederick County Boar of Supervisors effective-January, 1976. The above resolution was passed by the following recorded vote: S. Roger Koontz, 97 W Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomal' Malcolm, Aye; and Dennis T. Cole, Aye. ESTABLISHMENT OF TIME LIMITS FOR PRESENTATIONS TO BOARD OF SUPERVISORS The Board agreed to the following time limitations for presentations to the of Supervisors: (1) 10 minute presentation - affirmative (2) 5 minute questioning (3) 10 minute presentation - negative (4 ) 5 minute summary (5) Beyond this time period only with a majority Board vote MALCOLM APPOINTED STATE -LOCAL HOSPITALI AUTHORIZING AGENT FOR FREDER -1 Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond Fish, BE IT RESOLVED, That the Frederick County Board of Supervisors does herein ap- point R. Thomas Malcolm to serve as the State -Local Hospitalization Authorizing Agent for Frederick County. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. R. THOMAS MALCOLM APPOINTED TO WELFARE BOARD Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virgin ia, does herein appoint R. Thomas Malcolm to serve as the Board of Supervisors repre- sentative on the Frederick County Welfare Board for a term of two years, said term to commence on January 5, 1976 and expire on December 31, 1977. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. WILL L. OWINGS APPOINTED TO PARKS AND RECREATION COMMISSION Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein appoint Will L. Owings to serve as the Board of Supervisors' repre- sentative on the Frederick County Parks and Recreation Commission. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. S. ROGER KOONTZ AN SION S T. COLE APPOINTED TO LORD FAIRFAX PLANNING DISTRICT Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Frederick County Board of Supervisors does herein app Dennis T. Cole to serve as Frederick County's representative on the Lord Fairfax P1 ning District Commission, said term to commence January 1, 1976 and expire December 1977. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R..Thoma Malcolm, Aye; and Dennis T. Cole, Aye. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein appoint S. Roger Koontz to serve as a representative from Frederick County on the Lord Fairfax Planning District Commission, said term to commence on Jan t r • n • • • i uary 5, 1976 and expire on December 31, 197,9,. The above resolution was passed by the following recorded vote:' S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. THOMAS B. ROSENBERGER APPOINTED TO PLANNING COMMISSION Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein appoint Thomas B. Rosenberger to serve as the Board's representati on the Frederick County Planning Commission, said term to commence on January 5, 1976 and expire on December 31, 1979. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. SHERIFF CARROLL MAUCK APPOINTED TO LORD FAIRFAX PLANNING DISTRICT COMMISSION CRIMINAL Upon motion made by Dennis T. Cole and seconded by Dr. Raymond Fish, f LJ BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Sheriff Carroll K. Mauck to serve as Frederick County's presentative on the Lord Fairfax Planning District Commission Criminal Justice Adv Committee. The above resolution was passed by the following recorded vote: S. Roger -Koohtz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Malcolm, Aye; and Dennis T. Cole, Aye. COMMITTEE APPOINTMENTS The following Board members were appointed to serve on the below listed designat • ed committees: Committee on R. Thomas Ma and Code Enforcement 1 L. Owings Committee on Finance Thomas B. Rosenberger and Dr. Raymond Fish Committee on Law Enforcement and Courts Dennis T. Cole and Dr. Raymond Fish Mr. Koontz requested and the Board concurred that the entire Board of Supervisor would serve as a budgetary committee to prepare the budget for fiscal year 1976 -77. DR. RAYMOND FISH APPOINTED AS BOARD LIAISON TO SCHOOL BOARD Dr. Raymond Fish was appointed as the Frederick County Board of Supervisors Liai son member to the Frederick County School Board. SHERIFF CARROLL MAUCK APPOINTED TO HIGHWAY SAFETY COMMISSION Sheriff Carroll K. Mauck was appointed to serve as a representative from Freder- ick County on the Highway Safety Commission. ON SETTING FORTH POSITIONS AND COUNTY SHERIFF'S DEP Sheriff Carroll K. Mauck appeared before the Board and requested approval of F 7 u thirty -one (31) positions in the Sheriff's Department and designated salaries for eac position. He stated that according to his calculations the proposed positions and salaries would result in an annual savings to the County of approximately $13,000. Sheriff Mauck further stated that due to an overrun in vehicle expenditures the above mentioned savings would be reduced to approximately $5,000. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond Fish, •• loo BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that the following salaries for the Sheriff of Frederick County and his employees are ap- proved as follows: Carroll Mauck Osborne Renner. Edward Buchanan Harry Richards Jerry Long Robert Sager Lewis C. Riley, Jr. Sandra Sanger Robert Williamson Paul Fahnestock Charles Brill, Jr. Stephen Wheeler Robert Edmundson Raymond Pannell, Jr. Open Winfred Elliott Russell Clay Stephen Gardner Louise White Stephen Himelright Donald Graves David Owings Richard Streit Diann DeBar Thelma Lawyer Virginia Andrews Robert Eckman Emmart Lewis Sheriff Chief Deputy Inv. /Lt. Sgt. Sgt. Sgt. Sgt. Sec /Disp /Dep. Dep. Dep. I Dep. Dep. Dep. Dep. Dep. Dep. IX Dep /Disp. Disp. I Disp. II Jailor I Jailor II Jailor Jailor Matron I Matron II Cook Jailor Jailor Jailor $14,124' 11,770 11,000 9,812 9,000 9,000 9,000 7,032 8,196 8,040 8,634 7,032 8,508 8,508 8,040 8,118 6,292 7,032 8,040 7,032 7,032 7,032 7,032 7,032 5,127 5,200 8,235 8,040 8,235 Charles Brill, III Jailor 8,235 Michele DeBar Chief Jailor 7,032 BE IT FURTHER RESOLVED, That the State Compensation Board is hereby requested to approve and participate in the above listed positions and salaries as approved by thi Board. Joseph Rudolph The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma: Malcolm, Aye; and Dennis T. Cole, Aye. RESOLUTION AUTHORIZING THE FREDERICK COUNTY EXTENSION SERVICE TO MAKE A PPLICATION FOR CETA TITLE VI FUNDS TO EMPLOY AN ASSISTANT EXTENSION SECRETARY - A PPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Frederick County Extension Service be allowed to submit an application to the Northern Valley Manpower Council for the position of an Assistant Extension Secretary; and, BE IT FURTHER RESOLVED, That this request is for CETA Title VI funds in the a- mount of $2,379.70. The above resolution was passed by the following recorded vote: S. Roger Koont: Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma: F_ a L 0 • L 40]" Malcolm, Aye; and Dennis T. Cole, Aye. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE L BOARD OF SUPERVISORS DO NOW ADJOURN. Chairman :._ :. I T A Special Joint Meeting of the Frederick County Board of Supervisors and the erick County Planning Commission was held on Tuesday, January 13, 1976, at 7:30 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. BOARD OF SUPERVISORS: Present: S. Roger Koontz, Chairman; T. B. Rosenberger, n U Vice Chairman; Dr. Raymond Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Col PLANNING COMMISSION: Present: Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Elmer Venskoske; and Manuel DeHaven. ABSENT: Keith Williams, James Golla- day, Jr. Chairman Koontz called the meeting to order. The members of the Board of Supervisors and the Planning Commission discussed at • length the legal aspects of planning and the goals and objectives for planning in erick County. A Comprehensive Plan, as required by state statutes, was discussed and Mr. Berg, the County Planner, explained the various components necessary to construct a plan. Land use and use value assessment were discussed and Mr. J. 0. Renalds, III, County Administrator, explained the method used to determine whether or not property is eligible for special taxation under use value assessment. The Board of Supervisors requested the Planning Commission to proceed with the preparation of a Comprehensive Plan for Frederick County and Mr. Koontz stated that subsequent joint meetings would be held to discuss various areas of concern in the Comprehensive Plan. There being no further business, the meeting was adjourned. ecrgtary Bo. or Supervisors The Regular Meeting of the Board of Supervisors of the County of Frederick, Vir- ginia, held on the 14th day of January, 1976, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice - Chairman; Dr. �J Raymond Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Reverend Bill Richards presented the invocation. The Chairman called the meeting to order. VOTE OF THANKS EXTENDED TO FORMER BOARD OF SUPERVISORS Upon motion made by Dr. Raymond Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein extend a vote of thanks to the former Board of Supervisors for the service to Frederick County during their terms of office. The above resolution was passed by the following recorded vote: S. Roger Koontz ; Thomas B. Rosenberger, Aye; Dr. Raymond Fish,. Aye; Will L. Owings, Aye; R. 1co1m,- .Aye.; and Dennis T. Cole, Aye. 102 APPROVAL OF MINUTES - REGULAR MEETING DECEMBER 10, 1975 Upon motion made by Dennis T. Cole and seconded by Dr. Raymond Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the minutes of the Regular Meeting of the Board of Super- visors held on the 10th day of December, 1975, as submitted. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye, APPROVAL OF MINUTES - ANNUAL MEETING JANUARY 5, 1975 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, Vir- ginia, does herein approve the minutes of the Annual Meeting of this Board held on the 5th day of January, 1976, as submitted. The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma: Malcolm, Aye; and Dennis T. Cole, Aye. APPROVAL OF BILLS Mr. Boyd presented an additional bill in the amount of $862.27 to the Treasurer of Virginia for the employers share of VSRS and a correction to the bill on page sever of the general fund agenda payable to the Treasurer of Virginia, OASDHI, said bill to be corrected to $3,909.94 rather than $3,947.11 as set forth. The Board accepted thi! addition and correction to the bills. Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the bills for the month of December, 1975, in the amount o: $41,168.61 and does order the same paid by Warrants #12695 through #12898. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma: Malcolm, Aye; and Dennis T. Cole, Aye. APPROVAL OF PAYROLL Upon motion made by Dr. Raymond Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the payroll for the month of December, 1975, in the amount of $70,633.08 and does order the same paid by Warrants #12581 through #12694. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma, Malcolm, Aye; and Dennis T. Cole, Aye. HIGHWAY DEPARTMENT There was no report from the Highway Department. Mr. Cole requested that gravel be placed on the dirt roads in the County. Mr. Rosenberger requested the highway department to repair the potholes on Route 50 West in the vicinity of the Tortuga Restaurant. Dr. Fish stated that the Highway Department is planning to realign a portion of Route 681 for a distance of approximately 475 feet and construct a new bridge in this area over Back Creek of approximately 80 feet. He stated that the road runs in front of the home of Elmer Venskoske who is opposed to the planned realignment inasmuch as it would take several acres of his prime land. Dr. Fish advised that the proposed realignment and bridge construction would remove four or five dangerous curves in sai • 1 • • LA J 103 road. After a short discussion on this project the Board agreed to have the newspaper publish an article relative to the proposed project in order to receive public input and comment. The Board further directed that the matter be referred to the Engineer- ing and Code Enforcement Committee for review.and recommendation. RESOLUTIONS - FREDERICK COUNTY SCHOOL BOARD RELATIVE TO BUDGET ADJUSTMENTS - APPROVED Mr. Donald Perrault appeared before the Board and requested approval of three resolutions for the Frederick County School Board relative to budget adjustments and explained the reasons for each. Upon motion made by Dr. Raymond Fish and seconded by Will L. Owings, F 1 L BE IT RESOLVED, That the Frederick County Board of Supervisors grants the lof the Frederick County School Board to make transfers within the 1975 -76 school to provide for needed expenditures in various categories of the budget, including Administration, Transportation, Capital Outlay, Building Fund and so forth; and, BE IT FURTHER RESOLVED, That the request is made on condition that the Frederick • County School Board's expenditures for the year from county tax funds, the state one percent sales tax earmarked for education and anticipated revenues from Federal Impac Funds will not exceed the 1975 -76 appropriation as adjusted; except that Revenue Shar ing funds shall not be credited to the School Building Fund and shall be spent only in behalf of school construction projects, said funds to be expended on or before June 30, 1976; and, BE IT FURTHER RESOLVED, That the Frederick County School Board is hereby granted permission to use any additional funds allocated from the state, miscellaneous local school revenues, as well as funds within the limits of the approved Literary Loan and the Virginia Public School Authority Loan for school construction; and, BE IT FURTHER RESOLVED, That the Frederick County Board of Supervisors does a • orize the transfer of any balance in the 1975 -76 school budget to the School Debt and Construction Fund and that said balance be retained for continued use in the 1976 -77 budget. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings., Aye.; R. Malcolm, Aye; and Dennis T. Cole, Aye. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that U the 1975 -76 School Debt and Construction Fund is hereby amended to include an additio4�- al appropriation of $700,000.00 for the purpose of meeting the financial obligations of the renovation and addition of James Wood High School; and BE IT FURTHER RESOLVED, That said funds to be expended are available within the balance of the School Debt and Construction Fund and represent moneys received from the sale of bonds through the Virginia Public School Authority and carried forward from prior years and represent no additional burden upon the General Revenue Fund of the County of Frederick. The above resolution was passed by the following recorded vote: S. Roger Koontz 1 Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Malcolm, Aye; and Dennis T. Cole, Aye. Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the 1975 -76 operation budget of the Federal - Elementary and Secondary Education - Title I is hereby amended to include an additional appropriation of $117,057 for the 104 purpose of meeting the financial obligations of Elementary and Secondary Education - Title I; and, BE IT FURTHER RESOLVED, That said funds to be expended will be available from Federal revenues and represent no additional burden upon the General Revenue Fund of the County of Frederick. The above resolution was passed by the following recorded vote: S. Roger Koontzi Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Malcolm, Aye; and Dennis T. Cole, Aye. DOG WARDEN - REPORT AND CLAIM-- APPROVED Mr. Harold Whitacre, Frederick County Dog Warden, appeared before the Board and presented his monthly report and one claim for livestock kill. There was a discussion relative to the number of dogs picked up each month, the regulations and procedures followed relative to their adoption, and the disposition of those dogs not adopted. The Board requested the County Administrator to set up a public meeting wherein the Board, the Dog Warden and the general public might discuss these areas of concern. Upon motion MADE BY Dennis T. Cole and seconded by Dr. Raymond Fish, ginia, does herein approve the following claim for livestock kill and does order the BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- same paid. M. B. Ritenour, Rt. 1, Stephens City, Virginia - 2 ewes at $15.00 each - Total $30.00 The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Malcolm, Aye; and Dennis T. Cole, Aye. GAME WARDEN - CLAIM FOR BOBCAT KILL - APPROVED A claim for bobcat kill was presented to the Board. Mr. Cole suggested that claims of this type not be paid inasmuch as the Board had previously voted to deny claims for fox kills in Frederick County. Following a short discussion the Board a- greed to discuss this matter at the next regular meeting and render a decision as to whether or not claims of this type would be paid in the future. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following claim for bobcat kill and does order the paid: Elmer Hovermale, 205 Johnson Mill Road, Berkeley Springs, W. Va. 2 Bobcats at $5.00 each - Total $10.00 The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Malcolm, Aye; and Dennis T. Cole, Aye. REQUEST FOR REFUNDS - TAX RELIEF FOR THE ELDERLY - APPROVED 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, Vir- Iginia, does herein approve the following requests for refunds for tax relief for the elderly as submitted by the Treasurer of Frederick County: Eva F. Chapman $ 54.97 Joseph R. Jennings 58.65 Elmer H. Oates 42.55 Jacob J. Shanholtz 44.85 Newton T. Wine 28.44 Thomas D. Beaver 140.76 Walter P. Claus 53.36 Jessie C. Grim 53.75 • • • 1 • Myrtle E. McKee 27.60 The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Malcolm, Aye; and Dennis T. Cole, Aye. REQUEST FOR REFUNDS - DEPARTMENT OF INSPECTIONS - APPROVED Upon motion made by Dennis T. Cole and seconded by Dr. Raymond Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia, does herein approve a refund to Howard Shockey & Sons, Martinsburg Pike, Win- chester, Virginia, in the amount of $16.80 for the erroneous purchase of Building Per mit Number 2495, said permit having been issued for construction in the County when the construction was in fact in the City of Winchester. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Malcolm, Aye;-and Dennis T. Cole, Aye. 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, Vir- ginia, does herein approve a refund to Mr. Julian Patterson 1415 Parkview Avenue, Wih- chester, Virginia, in the amount of $35.42, said amount representing 50% of the orig- inal building permit fee; and, BE IT FURTHER RESOLVED, That the above refund is approved in accordance with the recommendation of the Frederick County Building Inspector inasmuch as Mr. Patterson did not commence construction under said Building Permit Number 2370 dated October 24 1975. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. (Malcolm, Aye; and Dennis T. Cole, Aye. Mr. Rosenberger requested the County Administrator to see that the public is ad- 0 Ivised that only a 50% refund will be made on building permits should construction commence under the purchased permit. PUBLIC HEARINGS AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 1.84 ACRES OF LEON R. FLEISHER AND WILLIAM J. DOLIANTE IN BACK CREEK MAGIS- TERIAL DISTRICT FROM R -3 TO B -2 - THIRD AND FINAL READING - REFERRED BACK TO PLANNING SSION Mr. Renalds read the ordinance in full. Mr. Harry Benham, III appeared before the Board representing Mr. Fleisher and Mr • Doliante in their rezoning request and stated that at the time the Planning Commissio had recommended denial of this request, the denial was based upon the fact that the petitioners did not have a use for the property. He advised that the petitions have subsequesntly contracted with the 7 -11 Company for the construction of a store on the property. Mr. Cole suggested that this rezoning request be referred back to the Plan ning Commission for their consideration in light of the fact that there is a proposed use for the property at this time. Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein refer the rezoning request of Leon R. Fleisher and William J. Dol- iante to rezone 1.84 acres, more or less, in Back Creek Magisterial District from R -3 to B -2, back to the Frederick County Planning Commission for their consideration and recommendation to the Board of Supervisors. The above resolution was passed'by the following recorded vote S. Roger Koontz 105 ,Top* Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 23 -20 - THIRD AND FINAL READING - APPROVED Mr. Renalds read the ordinance in full. There was no opposition. ' Upon motion made by Dennis T. Cole and seconded by Dr. Raymond Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the following ordinance, on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEM- BER 1, 1973 TO AMEND SECTION 23 -20 TO READ: 23 -20: DWELLING: ANY STRUCTURE WHICH IS DESIGNED FOR USE FOR RESIDENTIAL PURPOSES EXCEPT HOTELS, BOARDING HOUSES, LODGING HOUSES, TOURIST CABINS, APARTMENTS, AND MOBILE HOMES. The above resolution was passed by the following recorded vote: Sr. Roger Koontzli • Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 23 - 23 - THIRD AND FINAL READING - APPROVED The ordinance was read in full. There was no opposition. 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, Vir- ginia, does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND SECTION 23 -23 TO READ: 23 -23: DWELLING, SINGLE FAMILY: A STRUCTURE NOT A MOBILE HOME, ARRANGED OR DESIGNED TO BE OCCUPIED BY ONE (1) FAMILY, THE STRUCTURE HAVING ONLY (1) DWELLING UNIT. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER _1 1973, TO AMEND SECTION 23 -54 - THIR AND FINAL READING - APPROVED The ordinance was read in full. There was a short discussion relative to the difference between a mobile home and a modular home. Mr. Berg stated that one of the basic differences between the two is that a mobile home is licensed by the Division o Motor Vehicles and a modular home is not. Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEM- BER 1, 1973, TO AMEND SECTION 23 -54 TO READ: 23 -54: MOBILE HOME: A MOBILE HOME IS A UNIT DESIGNED FOR TRANSPORTATION, AFTER FABRICATION, ON STREETS AND HIGHWAYS ON ITS OWN WHEELS, BUILT ON A METAL CHASSIS OR UNDER FRAME AND ARRIVING COMPLETE AND READY FOR OCCUPANCY AT A SITE WHERE IT IS TO BE OCCUPIED: EXCEPT FOR MINOR AND INCIDENTAL UN- PACKING AND ASSEMBLY OPERATION, LOCATION ON JACKS OR PERMANENT FOUNDATIONS, CONNECTION TO UTILITIES AND THE LIKE. THESE UNITS ARE TITLED BY THE VIR- GINIA STATE DIVISION OF MOTOR VEHICLES AND CARRY THE SEAL OF THE MOBILE HOME MANUFACTURING ASSOCIATION, AS WELL AS THE STATE OF VIRGINIA. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. ZONING MAP AMENDMENT PETITION NO. 002 -76 OF RAY H. AND KATHRYN E. BOWMAN TO REZONE 1.14 ACRRS TN STONEWALL MAGISTERIAL DISTRICT FROM A -2 TO B -2 - THIRD AND FINAL READ- Zoning Map Amendment Petition No. 002 -76 of Ray H. and Kathryn E. Bowman was in full. There was no opposition. Mr. Ben Butler appeared before the Board representing Mr. and Mrs. Bowman and described the proposed use of the property. 1 • • 1 • 107 J �J U • Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve, on third and final reading, the following zoning map a- mendment: ZONING MAP AMENDMENT PETITION NO. 002 -76 OF RAY H. AND KATHRYN E. BOWMAN, BOX 147, CLEARBROOK, VIRGINIA, TO REZONE 1.14 ACRES, MORE OR LESS, FRONT- ING 446.1 FEET ON THE EAST SIDE OF ROUTE 11, BEGINNING APPROXIMATELY 400 FEET NORTH OF INTERSECTION WITH ROUTE 672 EAST FROM AGRICULTURAL, GENERAL (A -2) TO BUSINESS, GENERAL (B -2). THIS PROPERTY IS DESIGNATED AS 33 -(A)- 117, 118, 118A ON TAX MAP 33 AND IS IN STONEWALL MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Malcolm, Aye; and Dennis T. Cole, Aye. ZONING MAP AMENDMENT PETITION NO. 004 -76 OF MILLER AUTO SALES, INC. TO REZONE 1.62 ACRES IN SHAWNEE MAGISTERIAL DISTRICT FROM A -2 TO B -2 - THIRD AND FINAL READI - The Zoning Map Amendment Petition No. 004 -76 of Miller Auto Sales, Inc. was rea in full. Mr. George Miller appeared before the Board in support of his rezoning applica- tion and stated that he deals mostly with motor - cycles but plans to locate a new car dealership on the property in the future. Mr. Malcolm stated that the Planning Commission recommended approval of this re- zoning request inasmuch as there is an existing business on the property but also re- commended that this approval not set a precedent for this type zoning of other pro- 1perties along this highway. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- Iginia, does herein approve, on third and final reading, the following zoning map a- Imendment: ZONING MAP AMENDMENT PETITION NO. 004 -76 OF MILLER AUTO SALES, INC., ROUTE 1, BOX 90, WINCHESTER, VIRGINIA, TO REZONE 1.62 ACRES, MORE OR LESS, LOCATED ON THE EAST SIDE OF ROUTE 522, SOUTH, APPROXIMATELY THREE - TENTHS (3/10) MILES SOUTH OF INTERSECTION WITH ROUTE 644 FROM AGRICUL- TURAL, GENERAL (A -2) TO BUSINESS, GENERAL (B -2). THIS PARCEL IS DESIG- NATED AS 76 -(A) -4 ON TAX MAP 76 AND IS IN SHAWNEE MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. ZONING MAP AMENDMENT PETITION NO. 005 -76 OF MELVINA M. MOULDEN TO REZONE 98.70 ACRES IN STONEWALL MAGISTERIAL DISTRICT FROM A -2 TO R -2 - THIRD AND FINAL READING - WITH- Mr. Koontz stated that a letter had been received from the attorney representing Melvina Moulden requesting withdrawal of her rezoning request, Zoning Map Amendment Petition No. 005 -76. The Board agreed to honor this withdrawal. APPLICATION FOR CONDITIONAL USE PERMIT - DENNY'S INCORPORATED TO OPERATE A RESTAI TERIAL DISTRICT - The application.for conditional use permit of Denny's Incorporated to operate a restaurant with dancing on the premises located in Stonewall Magisterial District was read in full. Mr. Rosenberger stated that this application had been approved by the Planning Commission and there were no objections raised at the hearing on said application. Mr. Koontz called for opposition to this application. There was none. 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, Vir- ginia does herein approve the application for conditional use permit of Denny's Inco orated to operate a restaurant with dancing on the premises, located on the south sid of Route 7, approximately 0.9 miles east of Routes 7 and 81 overpass (Interchange 81) n o in Stonewall Magisterial District: The above resolution was passed by the following recorded vote: S. Roger Koon Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Tho Malcolm, Aye; and Dennis T. Cole, Abstaining. BOARD RECESS The Board recessed for five minutes. ZONING MAP AMENDMENT PETITION NO. 007 -76 - LYNN BEIGHTON>AND SEYMOUR KRIWINSKY T/A FORECAST INVESTMENTS TO REZONE 20.933 ACRES IN STONEWALL MAGISTERIAL DISTRICT FROM A -2 TO B -2 - FIRST AND SECOND READING The following zoning map amendment was presented on first and second reading: ZONING MAP AMENDMENT PETITION NO. 007 -76 OF E. LYNN BEIGHTON AND SEYMOUR KRIWINSKY, T/A FORECAST INVESTMENTS, 660 NORTH LOUDOUN STREET, WINCHESTER, VIRGINIA, HEREBY REQUESTS THAT 20.933 ACRES, MORE OR LESS, BOUNDED ON THE NORTH BY ROUTE 672(401.12'); ON THE WEST BY ROUTE 81 (633.03'); AND ON THE EAST BY PENN CENTRAL RAILROAD (2000.87') NOW ZONED AGRICULTURAL - GENERAL (A -2) BE REZONED: BUSINESS - GENERAL (B -2). THIS PARCEL IS DESIGNATED AS 33 -(A) -164 ON TAX MAP 33 AND IS IN STONE- WALL MAGISTERIAL DISTRICT. MOBILE HOME PERMIT - HERMAN LEE FAUVER - APPROVED 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, Vir- ginia, does herein approve the mobile home permit of Herman Lee Fauver to locate a mobile home in the Shawnee Magisterial District as set forth on Mobile Home applica- tion No. 0457. The above resolution was passed by the following recorded vote: S. Roger Koon Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Tho Malcolm, Aye; and Dennis T. Cole, Aye. FINANCE COMMITTEE RECOMMENDATIONS RESOLUTION OF SUPPORT - VIRGINIA MUNICIPAL Y ;ALS R ELATIVE TO PROPOSED LEG- Upon motion made by Dr. Raymond Fish and seconded by Dennis T. Cole, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board does hereby support the amendments to sections of the Code of Virginia, with regard to at- taching to each bill passed by the legislature a fiscal note regarding the fiscal ef- fects of that bill and secondly the proposed legislation which would require that eac', bill passed by the General Assembly which mandates an increased level of service by the local government involved must provide for funding by the State to cover the tota cost of the mandated program; and, BE IT FURTHER RESOLVED, That the details of this Board action with regard to thi proposed legislation shall be as contained in Enclosure 1 and Enclosure 2 as attached to this resolution and filed in the County Administrator's Office. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. MINUTES - REGULAR MEETING 1975 - RE: CERTIFIED ELE SULTS FILED WITH BOARD CLERK - APPROVED Upon motion made by Dr. Raymond Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, By the Frederick County Board of Supervisors that the minutes o December 10, 1975, be amended to reflect the fact that the certified election result furnished by the Frederick County Electoral Board were received and deposited with t County Administrator as the Clerk of the Board of Supervisors as of December 10, 197 The above resolution was passed by the following recorded vote: S. Roger Koont Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thom Malcolm, Aye; and Dennis T. Cole, Aye. C � J i 1] U E 109 COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT RECOMMENDATIONS . REDUCTION OF SURETY BOND NOTTOWAY SUBDIVISION, SECTION I - 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, Vir- i • Ll 0 ginia, does herein approve the reduction of the surety bond on Nottoway Subdivision, Section I from $3,600 to $1,250, inasmuch as the construction of the road and water and sewer facilities within the subdivision is complete, said reduction being with th recommendation of the Engineer- Director of the Frederick County Sanitation Authority with regard to water and sewer and with the recommendation of the Virginia Department of Highways and Transportation with regard to the road, said amount of $1,250 to be retained until such time as the Virginia Department of Highways and Transportation ac cepts this portion of road into the State Secondary System. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. RESOLUTION TO RETAIN CURRENT LANDFILL RATES UNTIL JULY - APPROVED Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein direct that the current landfill rate of $2.90 per ton and the c rent adopted emergency landfill rates as previously adopted by the Frederick County Board of Supervisors continue in effect until the month of July at which time the rates will be considered a second time with regard to any adjustment. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. RECOMMENDATION THAT COORDINATION BE EFFECTED WITH THE CITY OF WINCHESTER FOR A JOINT EFFORT IN THE AREA OF EMERGENCY SERVICES - 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, Vir- r1 LJ ginia, does herein direct that coordination be effected with the City of Winchester with regard to the possible establishment of a joint effort in the area of emergency services. The above resolution was passed by the following recorded vote: S. Roger Koontz • Aye; Thomas B. Rosenberger, Aye; Will L. Owings, Aye; Dr. Raymond Fish, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. RESOLUTION SETTING SALARY OF B( FOR BOARD MEMBERS - APPROVED Upon motion made by Dr. Raymond Fish and seconded by Will L. Owings, BE IT RESOLVED,.That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein direct that the salary of the Chairman of the Board shall be set a $2,000 per year; and, BE IT FURTHER RESOLVED, That the reimbursement for expenses for members of the Board of Supervisors incurred while acting in their duty as a member of the Board shall be set at $100 per member per year and any further expenses incurred by any Board member shall require approval by action of the Board of Supervisors. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma Malcolm, Aye; and Dennis T. Cole, Aye. FREDERICK COUNTY SANITATION AUTHORITY - REQUEST FOR LOAN FUNDS - APPROVED 110 Mr. Renalds presented a request from the Frederick County Sanitation Authority for loan funds in the amount of $356,500. Mr. Cole stated that he would abstain from any discussion or voting on this mat- ter inasmuch as he owns a 1/8 interest in property through which the facilities wo be placed. Mr. Koontz stated that FHA funding had been set aside for Frederick County but would not be available for approximately 60 days. He advised that the loan was being requested in order that the Frederick County Sanitation Authority might proceed with their contract for construction of the plant, said contract being valid until Friday, January 16th. There followed a discussion as to whether or not FHA funding was certain and Mr. Koontz stated that the Authority had no reason to believe that they would not receive the funds but if for some unknown reason this should occur the project would have to be stopped. Discussion followed regarding groups in Frederick County who are opposed to the project. Several citizens appeared before the Board and urged that the project pro- ceed as soon as possible inasmuch as the facilities are desperately needed. Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Vir- ginia, that the amount of $356,500 budgeted and appropriated for the fiscal year Jul 1, 1975 through June 30, 1976 for water and sewer construction for the Frederick County Sanitation Authority for the Red Bud Run - Abrams Creek Water and Sewer System be hereby authorized to be expended by the Frederick County Sanitation Authority as previously handled in that bills for work done on the project be submitted to the County Board of Supervisors for payment; and, BE IT FURTHER RESOLVED, That this action is hereby established as an amendment to the Board action of December 11, 1974, set forth in Minute Book 13, Pages 119 through 120 whereby the terms of the originial authorization for funds for the above cited system were established; and, Frederick County Sanitation Authority to be paid back under the terms set forth in BE IT FURTHER RESOLVED, That the total by the Board of Supervisors to the December 11, 1974 resolution shall not exceed $1,106,500.00 The above resolution was passed by the following recorded vote: S. Roger Koont Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Malcolm, Aye; and Dennis T. Cole, Abstaining. APPOINTMENTS PARKS AND RECREATION COMMISSION Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Vir- ginia, that George W. Walters be appointed to serve as the Shawnee District represent ative on the Frederick County Parks and Recreation Commission for a term of four said term to commence on January 10, 1976 and expire on January 10, 1980. The above resolution was passed by the following recorded vote: S. Roger Koont Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Malcolm, Aye; and Dennis T. Cole, Aye. Upon motion made by Dr. Raymond Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Vir- ginia that Mrs. Louise Nelson be appointed to serve as the Gainesboro District repre sentative on the Frederick County Parks and Recreation Commission for a term of four U F J • E 1 • 1 ill s, said term to commence on January 10, 1976 and expire on January 10, 1980. The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L.,Owings, Aye; R. T Malcolm, Aye; and Dennis T. Cole, Aye. Upon motion made by Will L. Owings and seconded by Dr. Raymond Fish, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Vir- nia, that Donald E. Welch be appointed to serve as the Opequon District representa- ve on the Parks and Recreation Commission for a term of four years, said term to e on January 10, 1976 and expire on January 10, 1980. Dr. Fish stated that the former Gainesboro District representative, Mr. Rual An- erson, did not desire to be reappointed to the Parks and Recreation Commission. He • requested that a letter of appreciation be sent to Mr. Anderson for his service on thi ginia that Manuel DeHaven be appointed to serve as the commission. The Board directed the County Administrator to carry out this request. fwerkikyl Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger, Dr. Fish nominated Mr. Hugh Daily for appointment as the citizen member on the rederick County Finance Committee. Mr. Malcolm submitted the name of Mr. Sam Jones or this appointment. Mr. Dailey was elected to serve as the citizen member of the finance Committee. , FORMER BOARD OF SUPERVISORS TO BE RECOGNIZED FOR THEIR SERVICE TO THE COUNTY Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein request the County Administrator to prepare a resolution and certi- ficates suitable for framing expressing appreciation to the members of the former Boar of Supervisors for their service to Frederick County, said resolution and certificates be presented at the first regular meeting of this Board in February, 1976. The above resolution was passed by the following recorded vote: S. Roger Koontz, Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas colm, Aye; and Dennis T. Cole, Aye. • 1 MRS. RAYMOND MAY - STONEWALL DISTRICT CITIZEN ADDR Mrs. Raymond May appeared before the Board relative to a decision rendered by th lanning Commission on December 3, 1975. She requested the Board of Supervisors to the Planning Commission of their solemn duty to protect and preserve the communi ies of Frederick County and not to demoralize them and further to remind the P that the tax dollar is not to be valued above the health and welfare of taxpayers of any community in the County. ' LIST OF EMPLOYEE INFORMATION TO BE PRESENTED AT FIRST FEBRUARY MEETING 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, Vir- nia, does herein request the County Administrator to submit to the Board at their irst regular meeting in February a list of all county employees, excluding the Sher= BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Vir- ginia that Manuel DeHaven be appointed to serve as the Stonewall District Representa- tive on the Frederick County Planning Commission for a term of four years, said term ' to commence on January 9, 1976 and expire on January 9, 1980. The above resolution was passed by the following recorded vote: S.' Roger Koontz, • Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas C alcolm, Aye; and Dennis T. Cole, Aye. ITIZEN MEMBER FINANCE COMMITTEE Dr. Fish nominated Mr. Hugh Daily for appointment as the citizen member on the rederick County Finance Committee. Mr. Malcolm submitted the name of Mr. Sam Jones or this appointment. Mr. Dailey was elected to serve as the citizen member of the finance Committee. , FORMER BOARD OF SUPERVISORS TO BE RECOGNIZED FOR THEIR SERVICE TO THE COUNTY Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein request the County Administrator to prepare a resolution and certi- ficates suitable for framing expressing appreciation to the members of the former Boar of Supervisors for their service to Frederick County, said resolution and certificates be presented at the first regular meeting of this Board in February, 1976. The above resolution was passed by the following recorded vote: S. Roger Koontz, Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas colm, Aye; and Dennis T. Cole, Aye. • 1 MRS. RAYMOND MAY - STONEWALL DISTRICT CITIZEN ADDR Mrs. Raymond May appeared before the Board relative to a decision rendered by th lanning Commission on December 3, 1975. She requested the Board of Supervisors to the Planning Commission of their solemn duty to protect and preserve the communi ies of Frederick County and not to demoralize them and further to remind the P that the tax dollar is not to be valued above the health and welfare of taxpayers of any community in the County. ' LIST OF EMPLOYEE INFORMATION TO BE PRESENTED AT FIRST FEBRUARY MEETING 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, Vir- nia, does herein request the County Administrator to submit to the Board at their irst regular meeting in February a list of all county employees, excluding the Sher= 112 ff's Department, said -list to set forth the department in which the employee works, Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, he date the employee was hired and the duties performed by each employee. The above resolution was passed by the following recorded vote: S. Roger Koontz, ye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas alcolm, Aye; and Dennis T. Cole, Aye. I ' RESOLUTION ESTABLISHING CENTRAL ABSENTEE VOTER ELECTION DISTRICT - APPROVED Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein establish a central absentee voter election district at the address of 9 Court Square, Winchester, Virginia, for the calendar year ending December 31, 1976. The above resolution was passed by the following recorded vote: S. Roger Koontz, • Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. MONTHLY STAFF REPORT ACCEPTED After review, the monthly staff report was accepted by the Board. RESOLUTION REQUESTING THE COMMONWEALTH ATTORNEY TO REPRESENT THE BOARD OF ZONING AP- PEALS IN PENDING COURT CASE - APPROVED by R. Thomas Malcolm by Dennis T. Cole, ' Upon motion made and seconded BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia, does herein request the Commonwealth Attorney to represent the Board of Zoning ( Appeals in the pending court case entitled Moore versus Frederick County Board of Zon- ing Appeals. The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. RESOLUTION REQUESTING REAPPOINTMENT OF MRS. MARGARET STARLIPER TO BOARD OF ZONING AP- PEALS - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- • ginia, does herein request the Judge of the Twenty -sixth Judicial Circuit to reappoint Mrs. Margaret Starliper to the Board of Zoning Appeals. ' The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas (Malcolm, Aye; and Dennis T. Cole, Aye. MORGOGLIONE ADDRESSES BOARD RELATIVE TO FUTURE REZONINGS IN FREDERICK COUNTY PRI ACTMENT OF A COMPREHENSIVE LAND USE PLAN Mr. Dino Morgoglione appeared before the Board and requested that the Board enact moratorium prohibiting any further rezoning in Frederick County until such time as a� • mprehensive Land Use Plan is enacted. He stated that in this manner anyone applying r rezoning could have the guidance provided in such a plan. Mr. Koontz thanked Mr. Morgoglione for his remarks and stated that his request uld be taken into consideration. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE OF SUPERVISORS DO NOW ADJOURN. ' an d. of Suj5erva,99rs Secjtptary Bd. of Supervisors