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January 28, 1976 to February 25, 1976113 The Regular Meeting of the Board of Supervisors of the County of Frederick, Vir- ginia, was held on the 28th day of January, 1976, in the Board of Supervisors Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Dr. Raymond Fish; Will L. Owings; R. Thomas) Malcolm; and Dennis T. Cole. ABSENT: Thomas B. Rosenberger. The Reverend Scott Duffey presented the invocation. The Chairman called the meeting to order. APPROVAL OF MINUTES - JOINT MEETING WITH PLANNING COMMISSION - JANUARY 13, 1976 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 approve the minutes of the joint meeting of the Frederick County Board of Supervisors and the Frederick County Planning Commission held on•January 13,1 1976 as submitted. The above resolution was passed by the following recorded vote: S. Roger Koontzf • Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis Tj Cole, Aye. APPROVAL OF MINUTES - REGULAR MEETING BOARD OF SUPERVISORS - JANUARY 14, 1976 Upon motion made by Dr. Raymond Fish 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 January 14, 1976 as submitted. The above resolution was pas.sed by the following recorded vote: S. Roger Koontz,! • Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm,.Aye; and Dennis T.' Cole, Aye. APPOINTMENTS MR. LLOYD MILBURN APPOINTED TO BOARD OF BUILDING APPEALS Upon motion made by Dr. Raymond Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Mr. Lloyd Milburn to the Frederick County Board of Buildi als for a term of five years, said term to commence on January 1, 1976 and expire n December 31, 1981. The above resolution was passed by the following recorded vote: S. Roger Koontz, e; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. le, Aye. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- inia, does herein appoint Mrs. Frank Monte to serve as a representative from Freder- ck County on the Chapter 10 Board for a term of one year, said term to commence on 1, 1976 and expire on December 31, 1976. The above resolution was passed by the folloiwng recorded vote: S. Roger,Koontz, ; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T.1 ' Cole, Aye. MR. ROBERT PRETTYMAN APPOINTED TO COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT 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- inia, does herein appoint Robert Prettyman to serve on the Frederick County Commi MRS. FRANK MONTE APPOINTED TO CHAPTER 10 BOARD • 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- inia, does herein appoint Mrs. Frank Monte to serve as a representative from Freder- ck County on the Chapter 10 Board for a term of one year, said term to commence on 1, 1976 and expire on December 31, 1976. The above resolution was passed by the folloiwng recorded vote: S. Roger,Koontz, ; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T.1 ' Cole, Aye. MR. ROBERT PRETTYMAN APPOINTED TO COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT 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- inia, does herein appoint Robert Prettyman to serve on the Frederick County Commi 114 on Engineering and Code Enforcement for a term of one year said term to commence on January 1, 1976 and expire on December 31, 1976. MI The above resolution was passed by the following recorded vote: S. Roger Koontz; Aye; Dr. Raymond Fish, Aye; Will L: Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T! Cole, Aye. MR. EUGENE HOOVER APPOINTED TO HIGHWAY SAFETY COMMISSION Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm BE IR RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein appoint Mr. Eugene Hoover to serve on the Highway Safety Commis to fill the vacancy created by the resignation of Dr. H. Brian Landes. The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T, Cole, Aye. MR. RON MILLER APPOINTED TO SERVE ON THE LORD FAIRFAX PLANNING DISTRICT COMMISSION AD HOC COMMITTEE ON HOUSING 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 appoint Mr. Ron Miller to serve as a representative from Frederick County on the Lord Fairfax Planning District Commission Ad Hoc Committee on housing. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T Cole, Aye. RESOLUTION AMENDING TERM OF R. THOMAS MALCOLM ON WELFARE BOARD - 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 amend the term of R. Thomas Malcolm on the Frederick County Board of Public Welfare, said term to fill the unexpired term of J. Robert Russell expiring on June 30, 1977. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T Cole, Aye. REIMBURSEMENT - PETTY CASH FUND UNDER DIRECTOR OF ACCOUNTING - APPROVED 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 request of the Director of Accounting to replenish his petty cash fund in the amount of $499.13, said reimbursement to-cover the expenditure as set forth in the Director of Accounting's request dated January 26, 1976. The above resolution was passed by the following recorded vote: S. Roger.Koontz Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis Cole, Aye. DISCUSSION WITH FREDERICK COUNTY FIR EMEN'S ASSOCIATION - RE: CENTRAL ALARM SYSTEM Mr. Ed Lawrence, President of the Clearbrook Fire Department, appeared before Board representing the County fire departments and stated that eight of the companies are in favor of a central alarm system and one company is opposed. Mr. Lawrence de- scribed the present dispatching system used by the city and county fire companies, stating that the city is dispatched through their police department and the county is dispatched through Polly's Cab Company. He advised that the proposed central alarm system would be used jointly by the City and the County and would be funded by both jurisdictions. Mr. Lawrence stated that the proposed system would be in service 24 • • • I F, a L 115 hours each day and five people would be needed to operate the system. As to the cost involved, Mr. Lawrence stated that the Southend Fire Company had donated a room for the system and the estimated cost would be approximately $35,000 per year or $17,500 per jurisdiction. • • Mr, Lawrence pointed out the following benefits to be derived from a central a.. -.. larm system: 1. One number to call 2. Personnel would be better trained 3. One dispatcher with knowledge of the available equipment 4. Better utilization of equipment resulting in a savings to the people 5.: Would aid in spot zoning for equipment 6. Eventually both.the city and county would be combined on one frequency. Mr. Lawrence stated that he felt the proposed plan would benefit the fire com- panies in the fringe areas more than those in the outlying areas because this is wher the population concentration is. He further stated that the firemen-are dealing with life and property and felt they would be remiss if they did not provide the best ser- vice and equipment available. There was discussion as to the cost of the present dispatching system and Mr. Lawrence advised that each fire company in the county pays $360 per year for this s vice and the news media must pay $30.00 per month for information on fires in the County. Steve Sardelis, President of the Frederick County Firemen's Association, appea before the Board in support of the proposed central alarm system and explained the present dispatching system stating that many times it is unsatisfactory and causes potentially dangerous delays. Mr. Sardelis stated that he had another matter to discuss with the Board and Mr. Koontz advised him to take his comments to the Engineering and Code Enforcement Com- mittee who would in turn make a recommendation to the Board of Supervisors. Mr. L. D. Williamson, Chief of the Gainesboro Fire Company, appeared before the U Board and stated that Gainesboro was opposed to the central alarm system inasmuch as they felt it was too expensive and further that the present system was most satisfact cry. He stated that Gainesboro was also opposed to the proposal of having both the city and county on one frequency inasmuch as it would cause too much chatter. He further stated that he did not feel the proposed system would improve the fire fight- ing or directions to fires in the County. Mr. Williamson stated that the request for $35,000 was only the beginning and the companies would be back requesting further funds in the future. Mr. Koontz stated that money was important to the Board but the lives of the cit izens and the services rendered by the fire companines was more important. He stated that he felt the question was whether or not a central alarm system would increase efficiency of the fire departments. Mr. Bob Taylor, President of the Round Hill Fire Company appeared before the Board and stated that their company is in favor of the central alarm system if it is the best system for the minimum cost for the best protection of the people in the County. He stated that he felt the matter should be thoroughly investigated in order to determine which system is the most efficient and the most beneficial. The radio frequency was discussed and Mr. Lawrence advised that this matter woul be determined ultimately by the Federal Communications Commission. Mr. Ernie Nesselrodt, owner and operator of Polly's Cab, appeared before the Board and described the present method of dispatching by his company. Mr. Nesselrodt 116 stated that he did not feel five people would be sufficient to operate a central dis- patch system and that the requested funds would not nearly cover the costs involved. Mr. Nesselrodt further stated that he also felt combining both the city and county on one frequency would create too much chatter. He suggested that should the change be made to a central dispatching system it should be located in one of the fire companie such as Round Hill. Mr. Nesselrodt advised the Board of his long association with th County fire departments and the development of the present dispatching system. He stated that should a central alarm system be approved he wished the firemen well but should they decide not to install such a system, his company would be glad to continu the present system of dispatching. Mr. Cole suggested the possibility of dispatching the fire companies from the Sheriff's Department. Mr. Koontz thanked all those appearing before the Board for their comments and stated that the Board would consider all of the information submitted both pro and on the matter. He advised that the Firemen's Association would be contacted after Board has had sufficient time to study the submitted information in order that they might make a formal request to the Board for consideration. The Board recessed for five minutes. The Board reconvened. CONDITIONAL USE PERMIT - MRS. GEORGE KELCHNER - APPROVED Mr. Ron Berg presented the application for conditional use permit of Mrs. George Kelchner for the location of two signs as set forth on the application and stated thaI the Planning Commission recommended that this application be approved with.the stipu-I lation that the signs be removed within one year after the cessation of business. There was no opposition. 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 approve the conditional use permit of Mrs. George Kelchner to erec two (2) signs on property owned by Robert S. Castleman at the intersection of Routes 608 and 612 and Routes 611 and 612 in Back Creek Magisterial District, with the stipu lation that said signs shall be removed within one year after the cessation of busine The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T Cole, Aye. SITE PLAN - MILLER AUTO SALES - APPROVED Mr. Berg presented the site plan.of Miller Auto Sales for the addition of a ser- vice and parts area to their existing building. He stated that Highway and Health De partment approvals have been received and the Planning Commission recommends approval of said site plan. Mr. Malcolm stated that the application states that there will be an addition to Ithe existing building. He then asked if this meant that this addition would be con- Istructed or that it is already built. Mr. Renalds stated that under the present ordinance Mr. Miller could have built (onto the present building up to 508 of the original size without a site plan if he continued in the same use of the property. He further advised that since the use of the property would include a car dealership, in addition to the motor cycle dealers and the addition to the building would be larger than 50 %, rezoning of the property land the site plan were required. , There was a short discussion as to the procedure followed by an applicant secur 117 ling approval of a site plan. Mr. Malcolm stated that he felt the same procedure Ibe followed, i.e. the rezoning, the site plan, and the building permit. Upon motion made by Will L. Owings and seconded by Dr. Raymond Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- i Iginia, does herein approve the site plan of Miller Auto Sales, Inc. for the addition ]of a service and parts area (36' x 114') to the existing building located on Route 52 South in Shawnee Magisterial District. The above resolution was passed by the following recorded vote: S. Roger Koontz • Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T Cole, Aye. SITE PLAN PROCEDURE AMENDED Mr. Cole suggested that the staff be permitted to handle site plans as an admin- listrative procedure inasmuch as - they are qualified to'do so, allowing the Board Imore time to handle basic problems requiring their attention. He stated that as the lordinance.is presently written, all site plans having less than two acres do not come) before the Board but are handled administratively. There was a short discussion as to the present procedure and the connection be- El tween rezonings and site plans. Mr. Koontz suggested that the applicants henceforth submit a rough sketch of the proposed use of the property when the rezoning applica- tion is submitted. The Board agreed with this suggestion. 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 direct that henceforth site plans shall be handled as an adminis- trative procedure by the County staff provided that should the staff so desire any site plan may be presented to the Board for their consideration; and, BE IT FURTHER RESOLVED, That should the administrative staff and the party sub- mitting the site plan be unable to agree upon the specifications of the final site plan, said plan shall be brought before the Board of Supervisors for consideration. The above resolution was passed by the following recorded vote: S. Roger Koontz) • 1 • Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis Tl Cole, Aye. CITIZENS CONCERN HIGHWAY DEPARTMENT REQUESTED TO INVESTIGATE DRAINAGE PROBLEMS ON ROUTE 654 Dr. Raymond Fish stated that he had received a complaint from Mrs. Wilma Combs relative to a drainage problem on Route 654 wherein the accumulation of water in sev -I eral low spots is creating a traffic hazard. He stated that this road is narrow, tort uous, and rather heavily travelled and is scheduled for relocation and widening in thl future but this is an immediate problem. Mr. Renalds stated that the County staff had looked at this section of road and there are at least three low areas where there is a drainage problem. Mr. Koontz directed Mr. Renalds to relay this complaint to the Highway Departmen requesting that the matter be investigated and hopefully corrected. Dr. Fish requested that a letter be sent to Mrs. Wilma Combs advising that the Highway Department is being requested to investigate the matter. Mr. Malcolm stated that the residents along Boundary Lane had requested improve- rents to that road for several years. He asked what the background was on these re- quests. Mr. Renalds stated that once a year the Road Viewers view roads in'Frederick County and that this particular road was given the Number 1 priority this year. He advised that the project has not been started inasmuch as the necessary right -of -way 118 easements have not been obtained. He stated that the citizens should present their requests for road improvements at the annual road hearing held in March and da complaints should be reported to Mr. R. C. King at the Highway Department. POSSIBLE DATES FOR MEETING WITH FREDERICK COUNTY DOG WARDEN TO BE PRESENTED AT NEXT REGULAR MEETING I Mr. Koontz requested Mr. Renalds to present several open dates to the Board of Supervisors at their next regular meeting so that a meeting might be arranged with Frederick County Dog Warden Harold Whitacre. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Chairman f Sup visor Sec tary Bd. of Supervisors The Regular Meeting of the Frederick County Board of Supervisors was held on ruary 11, 1976, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. , The Reverend Fred Bowman of the Calvary Church of the Brethren delivered the in- vocation. The Chairman called the meeting to order. APPROVAL OF MINUTES - REGULAR MEETING JANUARY 28, 1976 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 approve the minutes of the Regular Meeting of this Board held on the 28th 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 L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. • APPROVAL OF BILLS ' 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 bills for the month of January, 1976, in the amount of $70,422.59 and does order the same paid by Warrants #13016 - #13230 and #13232 - #13260. The above resolution was passed by the following recorded vote: S. Roger Koontz) Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. • Thomas Malcolm, Aye; and Dennis T. Cole, Aye. APPROVAL OF PAYROLL 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 payroll for the month of January, 1976, in the amount of $70,595.65 and does order the same paid by Warrants #12900 - #13015. The above resolution was passed by the following recorded vote: S. Roger Koontz, ' Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. HIGHWAY DEPARTMENT I NOTICE OF INTENT TO ABANDON A PORTION OF ROUTE 687 - APPROVED u U r • • I Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, WHEREAS, It appearing to the Board that Secondary Route 687 from .65 mile east o Route 600 to .90 mile east of Route 600 (end of State Maintenance) a distance of .25 mile, serves no public necessity and is no longer necessary for the uses of the Secon - ary System of State Highway; NOW, THEREFORE, BE IT RESOLVED, That the Clerk of the Board be directed to post and publish notice of the Board's intention to abandon the section of Route 687 as aforesaid, pursuant to Section 33.1 -151 of the Code of Virginia, 1950 as amended. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. REOUEST FOR ADDITION OF OUAKER ROAD IN GLENSIDE SUBDIVISION TO SECONDARY ROAD SYSTEM APPROVED Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Virginia Department of Highways and Transportation is hereby requested to add a section of road from Route 673 to 1270 feet north, known as Quaker Road in Glenside Subdivision, to the Secondary System of Frederick County pur- suant 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- ginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage; recorded in Deed Book 385, Page 42; and, BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways. The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. ANNUAL ROAD HEARING SET FOR MARCH 24, 1976 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 set the date of March 24, 1976, at 7:30 P.M., a Regular Meeting date for the Board, for the annual road hearing. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. SUPERVISOR'S REQUESTS TO HIGHWAY DEPARTMENT Mr. Malcolm requested the Highway Department to investigate and possibly erect a sign at the intersection of Meade Drive and Senseny Road inasmuch as he had received complaints that this is a dangerous intersection for children boarding school buses. Mr. Rosenberger requested Mr. King to investigate and repair the pot holes locat ed between the Truck Stop and the Tortuga Restaurant off Route 50 West. Mr. Rosenber ger stated that due to heavy hauling several holes are developing in the County roads He further stated that Route 733, off Route 50 onto Route 707 was a dangerous section of road. Mr. King stated that this section would be widened and raised. Dr. Fish stated that several sections of Route 522 are breaking up. Mr. King ad vised that some of these sections will be fixed and others will be patched. HEALTH DEPARTMENT No Report. SCHOOL BOARD LIAISON REPORT 1i9 Dr. Raymond Fish reported that he had attended two School Board meetings and 12© found them to be quite involved.. He stated that at the last meeting the School Board had gone into executive.session to discuss the purchase of land for the proposed new high school and had asked him to leave. Dr. Fish added that he felt in order to have cooperation between the School Board and the Board of Supervisors they must be advisee of what both groups are doing. He stated that if he was not allowed to attend the ex- ecutive sessions he did not see much point in attending the meetings. I There followed a short discussion as to whether or not Dr. Fish would continue t attend the school board meetings. Mr. Koontz stated that he would talk with the Superintendent of Schools and the Chairman of the School Board to try and work this problem out. He further stated tha he felt the two bodies should tie closely together and requested Dr. Fish to continue to attend the meetings. DOG WARDEN - REPORT AND CLAIM Mr. Harold Whitacre appeared before the Board and presented his monthly report. Mr. Rosenberger requested Mr. Whitacre to investigate the procedure regarding killing dogs when caught in the act of a livestock kill or reported to have been in- volved in such a kill, and report his findings back to the Board as to whether or not this creates a problem in Frederick County. 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 claim for livestock kill of Bryan U. Richards, Back Cre Magisterial District, for 2 ewes at $12.00 each. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr..Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye, PUBLIC HEARINGS AN OR DINANCE 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 - APPROVED The ordinance was read in full. Mr. Rosenberger reviewed briefly the Planning Commission hearing on this rezoning request and stated that they recommended approval of said request. There was no opposition. 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 NOV- EMBER 1, 1973, TO REZONE 1.84 ACRES, MORE OR LESS, OR 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, GEN- ERAL (R -3) TO BUSINESS, GENERAL (B -2). The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye. Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. ZONING MAP AMENDMENT PETITION NO. 007 -76 OF E. LYNN BEIGHTOL AND SEYMOUR KRIWINSKY T/P FORECAST INVESTMENTS REQUEST TO REZONE 20.933 ACRES IN STONEWALL MAGISTERIAL DISTRICT FROM A -2 TO B -2 - APPROVED Mr. Jim Largent appeared before the Board representing the petitioners and des- cribed the proposed development of the property, stating that it would consist of a series of stores dealing in the sale of retail home accessories said stores to be lo- cated on the northern end of the tract. Mr. Cole requested that an agreement be executed by the petitioners binding upon both the petitioners and anyone they might sell the property to, stating that there • '1 • • • 121 will be no discharge of effluent into Clearbrook Run as a result of this development. Mr. Largent stated that the petitioners would agree to execute such an agreement and comply with any other statutory requirements necessary. Mr. Koontz requested Mr. Ambrogi to draw up such an agreement for execution by the petitioners and county officials. Mr. Rosenberger stated that the Planning Commission had also discussed the effec of this development on the stream and had decided that the stream would not be of 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 approve Zoning Map Amendment Petition No. 007 -76 of E. Lynn Beight and Seymour Kriwinsky, T/A Forecast Investments, 660 North Loudoun Street, Winchester Virginia, requesting 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 Rai road (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 Stonewall Magisterial District. The above resolution was passed by the following recorded vote: S. Roger Koontz F Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. RLY MEETING WITH FREDERICK COUNTY SANITATION AUTHORITY Mr. James Diehl appeared before the Board and-presented a report on activities regarding the construction and financing of the Sanitation Authority's proposed sew- erage facilities project. Mr. Koontz stated that due to a change in FHA requirements, the project must now • • prove feasibility with zero connections in order to receive grant funds. He stated that the Sanitation Authority was therefore requesting the Board of Supervisors to ea mark $75,000 per year from Revenue Sharing Funds in order to prove feasibility of the project with no connections and therefore insure FHA funding. This request was discussed at length with several supervisors expressing concern with regard to earmarking these funds and the change of requirements by FHA. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Dennis T. Cole, seconded by Thomas B. Rosenberger and passed unanimously, the Board retired into Executive Session to discuss the legal aspects of the Sanitation Authority request that $75,000 per year be earmarked from Revenue Shar- ing Funds as a loan to the Sanitation Authority in order to prove feasibility of said project. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Dennis T. Cole, seconded by R. Thomas Malcolm, and passed unanimously the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by R. Thomas Malcolm, seconded by Dennis T.'Cole, and passed unanimously the Board reconvened into Regular Session. FREDERICK COUNTY SANITATION AUTHORITY - REQUEST FOR FUNDS - APPRO The request of the Sanitation Authority was discussed at length with Mr. Koontz stating that he felt approval of the request would almost certainly lock -in FHA fund inasmuch as he felt Frederick County would have met every requirement set forth by 1 1 Supervisors expressed again their concern relative to the change in FHA re- 122 quirements from time to time. R. Thomas Malcolm then moved to designate or set aside $75,000 per year from Rev enue Sharing Funds for the purpose of securing the necessary money from FHA to financ the Sanitation Authority project for a period not to exceed four years. This motion was seconded by S. Roger Koontz. Thereupon Dr. Raymond L. Fish moved to table the above motion pending a face -to- face conversation with FHA representatives. This motion was defeated by the followin recorded vote: Aye: Dr. Raymond Fish; Nay: R. Thomas Malcolm, S. Roger Koontz, Will Owings, and Thomas B. Rosenberger; Abstaining: Dennis T. Cole. Thereupon Thomas B. Rosenberger moved to amend Mr. Malcolm's motion to earmark $75,000 for a one year time period. This motion to amend was seconded by Dr. Raymond L. Fish and passed by the following recorded vote: Aye: R. Thomas Malcolm, Will L. Owings, S. Roger Koontz, Dr. Raymond L. Fish, and Thomas B. Rosenberger; Abstaining: Dennis T. Cole. Therefore upon motion made by R. Thomas Malcolm and seconded by S. Roger Koontz, the following amended resolution was approved: BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board does hereby designate and commit $75,000 in General Revenue Sharing Funds, currently on hand, for construction and /or operations of the Red Bud - Abrams Creek Project of the Frederick County Sanitation Authority. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; Dr. Ray mond L. Fish, Nay; and Dennis T. Cole, Abstaining. FREDERICK COUNTY SANITATION AUTHORITY - REQUEST FOR LOAN FUNDS - APPROVED Upon motion made by Will L. Owings and seconded by Dr. Raymond Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that loan in the amount of $21,143.36 is hereby authorized to the Frederick County Sanita- tion Authority; and, BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended fro budget code 10- 01OH -902C of the General Fund and that this loan is a part of and not an addition to the approved loans to the Frederick County Sanitation Authority and shall be subject to the terms established by this Board on December 11, 1974. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Abstaining. MOBILE HOME PERMIT - ELLIS E. POLING - .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 approve the mobile home permit of Ellis E..Poling to locate a mobile, home on the west side of Route 735 approximately 2.10 miles south of intersection witl Route 636. The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. HERITAGE HILLS - SECTION I - PLAT REVISION - 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 Plat Revision of Heritage Hills, Section I to adjust • • • • the front lot lines of Lots 9, 10 and 11 to correct the survey of said lots in Sectio 123 I of Heritage Hills, said plat revision dated January 12, 1976. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. COMMITTEE RECOMMENDATIONS Mr. R. Thomas Malcolm presented the recommendation of the Committee on Engineer- ing and Code Enforcement as follows: Abex - Hazardous Waste Permit - Approved Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond Fish, BE IT RESOLVED, That the Board of Supervisors of the County,of Frederick, Vir- does herein hazardous for ginia approve a waste permit Abex Corporation for the dis- posal of asbestos at the Frederick - Winchester Landfill. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. Heritage Hills - Section 1 -A - Water and Sewer Permit - Approved ' Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein approve a water and sewer permit for the extension of City utilitie to Section 1 -A of Heritage Hills Subdivision containing seven (7) lots. The above resolution was passed by the folloiwng recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. Authorization of County Administrator to Sell Excess and Obsolete County Property ApprovecT Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein authorize the County Administrator to proceed to sell excess and • obsolete property belonging to the County whose total value does not exceed $200 and includes, as a minimum, the following items: Parshall flumes, aerators, old athletic field lights, all located at ' Clearbrook Park, and obsolete parking meters, window frames and air con- ditioning unit located at the County Office Building, as well as any ex- cess material currently located at the old closed -out Frederick County landfill site. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. Mr. Dennis T. Cole presented the recommendations of the Committee on Law Enforce • follows: ment and Courts as No Further Bounties Presented by Game Warden To Be Paid 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 direct that from this date forward this Board will not approve or allow any game warden claims for bounties submitted to the Board. 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 Supporting 1976 -77 Criminal Justice Plan - 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- 123 1 4 ginia does herein support the 1976 -1977 Criminal Justice Plan of the Lord Fairfax Planning District Commission as it relates to the inclusion of the provisions for an adult correctional facility for the Frederick - Winchester area and also a juvenile de- tention facility for this area. 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. Bill For Legal Services Re. Melco, Inc. vs. Frederick County - 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 the bill submitted by the law firm of Wharton, Aldhizer Weaver in the amount of $673.82 for legal services rendered in the case of Melco, Incl versus Raymond Sandy, Chairman of the Frederick County Board of Supervisors. The above resolution was passed by the following recorded vote: S. Roger Koontzl Aye; Thomas B. Rosenberger, Aye; Dr. Raymond Fish, Aye; Will L. Owings, Aye; R. Thoma; Malcolm, Aye; and Dennis T. Cole, Aye. ASAP Budget Adjustment - Approved Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does hereby approve the following budget adjustments: Increase Appropriation 05 -OO5F -226 $2,500 Instruction and Classroom Increase Revenue 05 -721 -1 $2,500 Transfer From 05- 005G -319C $ 500 To 05 -OO5G -218 $ 500 The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Will L. Owings, Aye; Dr. Raymond L. Fish, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. Treasurer Authorized to Accept Monies from County's Work Release Program Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Treasurer of Frederick County, Virginia is hereby authorized to accept monies from the Frederic, County Sheriff's Department to include the Frederick - Winchester Jail received by them as fees from the County's work - release program provided that the necessary documenta- tion is presented to the Treasurer to enable the money received to be accurately re- corded. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. APPRECIATION ; ED TO FREDERICK COUNTY SHERIFF'S DEPARTMENT FOR OUTSTANDING PER- Mr. Will L. Owings stated that there had been several breaking and enterings in the Winchester- Frederick County area and that the Sheriff's Department has broken several of these cases and recovered a substantial amount of stolen property. He sta ed that he would like to express the appreciation of the Board of Supervisors for the fine job being done by our Sheriff's Department. BUDGET ADJUSTMENT - AUTHORIZATION TO ACCEPT CETA TITLE VI FUNDS - APPROVED Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, i • 1 • • • 1 BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that 125 the following 1975- 76'budget..adjustment is hereby authorized to accept CETA Title VI funds in the amount of $2,379.70: Increase Revenue Estimate 05 -6800 $2,379.70 1 Increase General Fund Appropriation 18 -018I -123 $2,379.70 The above resolution was passed by the following recorded vote: S. Roger Koont Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. PARKS AND RECREATION DEPARTMENT - REPORT AND RECOMMENDATIONS Mr. William Pike appeared before the Board and presented the monthly report of r1 U the Parks and Recreation Department. He stated that at the last meeting of the Com- mission, two at large members were appointed, Mr. J. Robert Russell and Mrs. Gordon Nelson. He further advised that Mr. David Fahnestock had been appointed Chairman of the Commission and Mr. Keith Lupton had been appointed Vice Chairman. Mr. Fahnestock then appeared before the Board and presented the following rec r 1 U mendations from the Parks and Recreation Commission: REQUEST FOR TRANSFER OF $1,500 SHAWNEE DISTRICT IMPACT FUNDS FOR- CONSTRUCTION OF ENY ROAD ELEMENTARY SCHOOL - APPROVED Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that a supplemental appropriation in the amount of $1,500.00 is hereby approved to Genera Operating Fund account 19 -18F3 -601; and, BE IT FURTHER RESOLVED, That said funds are to be used to construct a baseball and softball field at Senseny Road Elementary School; and, BE IT FURTHER RESOLVED, That $1,500 of Impact Donations received for Shawnee trict is hereby ordered to be released in order to finance this project. The above resolution was passed by the following recorded vote: S. Roger Koontz 1 Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. REQUEST FOR CIVIC GROUPS AND ORGANIZATIONS TO CLEAR AREAS OF STEPHENS CITY PARK - APPROVED Upon motion made by Will L. Owings and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein authorize the Director of the Parks and Recreation Department to allow civic groups and organizations to clear areas of the Stephens City Park prop and to remove fallen and dead trees from the property. The above resolution was passed by the following recorded vote: S. Roger Koontz • Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fi$h, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. UEST TO SELL BROKEN OR IRREPARABLE LIGHTS AND FIXTURES AT CLEARBROOK PARK - Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia does herein authorize the Director of Parks and Recreation to sell as scrap any broken or irreparable lights and fixtures currently stored at Clearbrook Park. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. REQUEST FOR SUPPLEMENTAL APPROPRIATION TO RELOCATE STONE GATEWAY CLEARBROOK PARK - APPROVED 126 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 a supplemental appropriation in the amount of $1200 as re- quested by the Frederick County Parks and Recreation Commission to relocate the stone gateway entrance to the ball fields at Clearbrook Park, said funds to be expended as follows: Stonewall District Impact Funds General Revenue Funds $741.00 $459.00 The above resolution was passed by the following recorded vote: S. Roger Koont Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. RAILROAD CABOOSE TO BE LOCATED IN CLEARBROOK PARK Mr. Fahnestock stated that the National Railroad Historic Association had of to place a railroad caboose in Clearbrook Park to be used as a tourist attraction. The Board agreed to this proposal. REQUEST FOR TAX REFUND - AGNES D. COOK - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve a tax refund to Agnes D. Cook, 261 Lake Road, Riviera B Maryland 21122, in the amount of $23.13 for the erroneous payment of real estate to The above resolution was passed by the following recorded vote: S. Roger Koont Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. RESOLUTION OF APPRECIATION TO FORMER BOARD MEMBERS - APPROVED 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 following resolutions of appreciation to the former members of the Board of Supervisors and does herein direct that an attested copy of said resolutions be forwarded to the respective board members: WHEREAS, Raymond C. Sandy, has served faithfully and honorably as Chairman of the Frederick County Board of Supervisors for the per- iod of January 1, 1972 through December 31, 1975 and as Opequon Dis- trict Supervisor for the period January, 1, 1968 through December 31, 1975; and WHEREAS, He has also served as Chairman of the Committee on Human Resources and a member of the Finance Committee, NOW THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisors that this Board does express its gratitude and apprecia- tion to Raymond C. Sandy for long and faithful service to Frederick County, Virginia; and, BE IT FURTHER RESOLVED, That a copy of this resolution, executed by its Chairman and attested by its County Administrator, under the seal of the Frederick County Board of Supervisors, be hereby forward- ed to Mr. Raymond C. Sandy. Dated this 11th day of February, 1976. WHEREAS, J. Robert Russell, has served faithfully and honorably as Vice Chairman of the Frederick County Board of Supervisors for the • • is period of January 1, 1972 through December 31, 1975 and as Gainesboro 127 District Supervisor for the period January 1, 1968, through December 31, 1975; and WHEREAS, He has also served as Member of Frederick County Welfare Board, Board Liaison; Member on Frederick County Parks and Recreation 1 Commission; Member of Lord Fairfax Planning District Commission; and Member of Committee on Human Resources, NOW THEREFORE.BE IT RESOLVED, By_thb.Frederick-County Board of Sup- _ _ ervisors that this Board does express-its gratitude and appreciation to J. Robert Russell for long and faithful service to Frederick County, Vir- ginia; and, BE IT FURTHER RESOLVED, That a copy of this resolution, executed by • its Chairman and attested by its County Administrator, under the seal of the Frederick County Board of Supervisors, be hereby forwarded to Mr. J. Robert Russell. Dated this 11th day of February, 1976. WHEREAS, Richard F. Madigan, has served faithfully and honorably as J n U Member of the Frederick County Board of Supervisors for•the period of January 1, 1972 through December 31, 1975 and as Back Creek District Supervisor for the period January 1, 1972 through December 31, 1975; and, WHEREAS, He has also served as Chairman of Finance Committee and Board Liaison Member to Frederick County Planning Commission, NOW THEREFORE BE IT RESOLVED, By the Frederick County Board of Sup- ervisors that this Board does express its gratitude and appreciation to Richard F. Madigan for long and faithful service to Frederick County, Vir- ginia; and, BE IT FURTHER RESOLVED, That a copy of this resolution, executed by its Chairman and attested by its County Administrator, under the seal-of the Frederick County Board of Supervisors, be hereby forwarded to Mr. Richard F. Madigan. • s` a i4k \eo` Dated this 11th day of February, 1976. WHEREAS, Donald R. Hodgson, has served faithfully and honorably as Member of the Frederick County Board of Supervisors for the period of January 1, 1972 through December 31, 1975 and as Shawnee District Super - visor.for the period January 1, 1972 through December 31, 1975; and, WHEREAS, He has also served as Chairman of Committee on Engineering and Code Enforcement, Board Liaison Member to Frederick County Sanita- • tion Authority, and Member of the Committee on Law Enforcement and Courts, NOW THEREFORE BE IT RESOLVED, By the Frederick County Board of Sup- ervisors that this Board does express its gratitude and appreciation to Donald R. Hodgson for long and faithful service to Frederick County, Vir- ginia; and, BE IT FURTHER RESOLVED, That a copy of this resolution, executed by its Chairman and attested by its County Administrator, under the seal of 1 the Frederick County Board of Supervisors, be hereby forwarded to Mr. Don- ald R. Hodgson. Dated this 11th day of February, 1976. WHEREAS, Dennis T. Cole, has served faithfully and honorably as Mem- ber of the Frederick County Board of Supervisors for the period of Jan- IW1 t of real estate taxes to Mr. Ambrogi, Commonwealth Attorney for study and recom- tion to be uary 1, 1972 through December 31, 1975 and as Stonewall District Super- to visor for the period January 1, 1972 through December 31, 1975; and at their next regular meeting. WHEREAS, He has also served as Chairman of Committee on Law Enforce- The ment and Courts, Member of Lord Fairfax Planning District Commission, Mem- resolution ber of Committee on Engineering and Code Enforcement, and Member of the ' Frederick County Highway Safety Commission, NOW THEREFORE BE IT RESOLVED, By the Frederick County Board of Super- visors that this Board does express its gratitude and appreciation to Den- nis T. Cole for long and faithful service to Frederick County, Virginia; and, BE IT FURTHER RESOLVED, That a copy of this resolution, executed by its Chairman and attested by its County Administrator, under the seal of • the Frederick County Board of Supervisors, be hereby forwarded to Mr. Den- nis T. Cole. Dated this 11th day of February, 1976. /s/ S. Roger Koontz S. Roger Koontz Chairman Frederick County Board of Supervisors ATTEST: , /s/ J. 0. Renalds, III J. 0. Renalds, III • County Administrator (SEAL) The above resolution was passed by the following recorded vote: S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. GLEN RUSSELL ADDRESSED BOARD REGARDING ALLEGED ERRONEOUS ASSESSMENT AND PAYMENT OF RE ESTATE TAXES Mr. Glen Russell appeared before the Board and stated that he is the owner of ap- proximately 81 acres of property in Frederick County and is currently being taxed and paying said taxes on 100 acres of land. indicate Mr. • Mr Ambrogi stated that the records in the County Clerk's office that Russell owns 81 acres and the County is bound by these records. A short discussion followed regarding the assessment of Mr. Russell's property ' and the property adjoining Mr. Russell, currently owned by Mr. Charles Orndorff. 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, Virgin' does herein refer the claim of Mr. Glen Russell for the erroneous assessment and pay - t of real estate taxes to Mr. Ambrogi, Commonwealth Attorney for study and recom- tion to be presented to the Board at their next regular meeting. • The above resolution was passed by the following recorded vote: S. Roger Koontz, ; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Malcolm, Aye; and Dennis T. Cole, Aye. ON RE QUESTING SUPPORT OF ILL NUMBER. TO SECTIONS 58 -587.1 AND 58 -617.2 252 - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Virginia General Assembly be requested to approve the proposed changes to Sections 58 -587.1 a 58 -617.2 included in House Bill Number 431 and House Bill Number 1252 for the 1976 ssion. The above resolution was passed by the following recorded vote S. Roger Koontz, Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. SHERIFF'S DEPARTMENT - REQUEST FOR PETTY CASH FUND - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the Treasurer of Frederick County is hereby authorized to issue a check in the amount of $500.00 to the Sheriff of Frederick County; said amount to be used to establish a petty cash fund for use exclusively by the Sheriff or his deputies for the purpose of procuring drugs and /or stolen property to be used as evidence in criminal cases; and, BE IT FURTHER RESOLVED, That the Sheriff shall maintain records necessary for t proper accountability of said funds, including a report quarterly to the Director of Accounting indicating the amount of funds on hand and a detailed listing of persons whom funds outstanding were issued; and, BE IT FURTHER RESOLVED, That upon completion of a case involving the above sta funds, any monies recovered are to be revolved back into said petty cash fund for fur ther use and any funds unable to be recovered will be so noted on the quarterly and submitted to this Board by the Director of Accounting for reimbursement to the iginal $500.00 amount. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. 11RESOLUTION EXPRESSIN( TO REFUND OVERASSESSMENT OF UTILITY TAXES - Upon motion made by Will L. Owings and seconded by Dennis T. Cole, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board does 11hereby express its intent to refund assessments of utility taxes in excess of $3.00 1per month for residential customers beginning April 4, 1974. The above resolution was passed by the following recorded vote: S. Roger Koontz Aye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. I RESOLUTION REQUESTING INFORMATION FROM POTOMAC EDISON COMPANY TO ASSIST IN MAKING RE- FUNDS OF OVERASSESSED UTILITY TAXES - APPROVED Upon motion made by Dennis T. Cole and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that Potomac Edison Company be hereby requested to provide to Frederick County a computer printout of two years billing for the period April 1, 1974, through March 31, 1976 and a microfich reader and films in order that the County may make provisions for refunding overasses: ed utility taxes for the above cited period of time, said request to be presented to Potomac Edison not later than March 1, 1976; and, BE IT FURTHER RESOLVED, That this Board does hereby guarantee payment for the printout and rental on the microfich equipment. The above resolution was passed by the following recorded vote: S. Roger Koontz, jAye; Thomas B. Rosenberger, Aye; Dr. Raymond L. Fish, Aye; Will L. Owings, Aye; R. Thomas Malcolm, Aye; and Dennis T. Cole, Aye. AN ORDINANCE TO PROVIDE FOR THE REFUND OF A PORTION OF UTILITY TAXES ERRONEOUSLY AS- SESSED IN THE COUNTY OF FREDERICK, VIRGINIA - FIRST AND SECOND READING The following ordinance was presented on first and second reading: AN ORDINANCE TO PROVIDE FOR THE REFUND OF A PORTION OF UTILITY TAXES ERRON- EOUSLY ASSESSED IN THE COUNTY OF FREDERICK, VIRGINIA 9915 129 Y STAFF REPORT - ACCEPTED B AR" Upon motion made by R. Thomas Malcolm, seconded by Will L. Owings, and passed u animously, the Monthly Staff Report was accepted. MR. ROSENBERGER REPORTS ON OIC MEETING Mr. Rosenberger stated that he had attended a meeting of an organization called OIC. He described the purpose of the organization stating that it was designed to help people having difficulty adjusting to society conform and find employment. He further stated that the Winchester Superintendent of Schools was most interested in forming a local chapter of OIC. Mr. Koontz stated that he felt the Board should stay alert to the development of this organization. DOG PROBLEMS TO BE DISCUSSED AT NEXT REGULAR MEETING ON FEBRUARY 25, 1976 After lengthy discussion, the Board agreed to hear complaints and dog problems a their next meeting on February 25, 1976. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE CQ .-y Bd. of Supervisors • The Regular Meeting of the Frederick County Board of Supervisors was held on ruary 25, 1976, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester) Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Chairman called the meeting to order. APPROVAL OF MINUTES - SPECIAL MEETING FEBRUARY 9, 1976 Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the minutes of the Special Meeting of this Board held on February 9, 1976, as submitted. The above resolution was passed by the following recorded vote: Aye: S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. RESOLUTION IN MEMORIAM - ALBERT W. LORING - APPROVED Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Frederick County Board of Supervisors does herein Ithe following resolution in memoriam of Mr. Albert W. Loring and does herein direct Ithat an executed copy of said resolution be forwarded to Mrs. Loring: WHEREAS, Mr. Albert W. Loring served the County of Frederick, Virginia, faithfully on the Industrial Development Authority of said County since the Authority's inception, November 11, 1967; and, WHEREAS, Mr. Loring served most ably as the Chairman of the In- dustrial Development Authority of the County of Frederick for the past five years; and, WHEREAS, Mr. Loring performed, without thought of personal gain, a valuable role in the industrial development of our community; NOW, THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisors that this resolution of recognition for the unselfish ser- vice performed and the continued friendship extended by Mr. Albert W. Loring toward this Board and the citizenry of Frederick County be plac- ed in the permanent records of the County of Frederick, Virginia. Dated this 25th day of February, 1976. • • /s/ S. Roger Koontz S. Roger Koontz BOARD OF SUPERVISORS DO NOW ADJOURN. Chairman Frederick County.Board of Supervisors ATTEST: /s/ J. 0. Renalds, III J. 0. Renalds, III County Administrator The above resolution was passed by the following recorded vote: Aye: S. Roger Koontz; Thomas B. Rosenberger; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. SCHOOL BOARD REQUEST TO ORDER SIX NEW BUSES - APPROVED Dr. Melton Wright appeared before the Board and presented a request of the School Board to place the order for six new buses so that they might be received in time for use during the 1976 -77 school term. • 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 authorize and grant permission to the Frederick County Board of Ed ucation to place immediately the order for three new school buses and three.replaceme buses and does direct that the amount necessary for the purchase of said buses not be removed from the budget for fiscal year 1976 -1977. ' The above resolution was passed by the following recorded vote: Aye: S. Roger Koontz; Thomas B. Rosenberger; Dr. Raymond Fish; Will L. Owings; R. Thomas Malcolm; • and Dennis T. Cole. SITE PLAN - DONALD E. GARBER - TABLED Mr. Berg presented the site plan of Donald E. Garber for the construction of a fast food restaurant on a lot fronting Route 522 South and backing onto old Route 522 He described the drainage problem currently in this area and the two alternatives re- commended by the Planning Commission. Dr. Jerry L. Grimes appeared before the Board and stated that he has in the past • and is currently experiencing a drainage problem with water running onto his property because of insufficient culverts which open into incomplete drainage easements. He stated that he was not opposed to the development of Lot Number 3 but felt that furth development in this area would be a continuance of an existing problem. He added tha he felt it was the responsibility of the Planning Commission and the Board of Super- visors to see that this problem is corrected. Mr. Garber appeared before the Board and stated that he could see no reason why this site plan should not be approved inasmuch as he had met�all requirements such as zoning, health department and highway department approvals, etc. Dr. Grimes stated that he,would request assurance from the Board that the matter L uld be investigated and every effort made to correct the problem. 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 table the site plan of Donald E. Garber to construct a fast food restaurant on Route 522 until the next regular meeting of this Board in order that Mr R. C. King, or other representatives of the Virginia Department of Highways, might be present to offer suggestions or alternatives to correct the drainage problem currentl existing in this area. The above resolution was passed by the following recorded vote: Aye: S. Roger Koontz; Thomas B. Rosenberger; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm and Dennis T. Cole. 131 DOG PROBLEMS DISCUSSED l� Mrs. Leon Warner, a member of the Board of Directors of the SPCA, appeared beford the Board and presented a report concerning the large number of missing dogs in this area. She stated that the SPCA would request better cooperation from the County Dog Warden in order to help alleviate this serious problem. Mrs. Warner suggested that better records be kept by the Dog Warden which would set forth specific data on each dog picked up, such as where they were picked up; why they were picked up; what was done with them. She also suggested that the County Dog Pound be opened for a specific length of time each day in order that the public might be able to visit, inspect and possibly reclaim dogs they have lost and the SPCA might check their list of missing dogs against those in custody at the kennel. Mrs. Warner stressed that this situation is a very serious problem in the area and has become a very big business for dog dealers who deliver dogs to experimental institutions. She advised that several trucks had been observed in the area carrying a large number of dogs presumably destined for laboratories in Pennsylvania. Mr. Ralph Ogle appeared before the Board and asked what could be done about vicious dogs in.the County. He stated that there was such a dog in his neighborhood who had bitten several people. Mr. Ogle stated that these incidents had been reported but nothing had been done. Mr. Ambrogi advised that when a complaint is made and signed a notice is then a served upon the owner of the dog and should the dog be allowed to run at large subse- quent to the service of the notice, the owner can then be charged. There followed a discussion as to the extent of the problem in Frederick County and possible methods to be employed to alleviate the problem. Mrs. Esther Boyd appeared before the Board and stated that she also was aware of trucks in this area carrying large numbers of dogs. Mrs. Boyd suggested that the SPCA be allowed to cross check their list of missing dogs with those picked up by the Dog Warden. She also requested that better records be kept by the Dog Warden and that the ( County Pound be open at specific times of the day. Mr. Koontz thanked all those who appeared before the Board on this matter and stated that the Board of Supervisors would meet with the Dog Warden to set up certain I criteria and job descriptions which they would request be followed. RECOMMENDATIONS - COMMITTEE ON ENGINEERING AND Mr. Malcolm presented the recommendations of the Committee on Engineering and Cod orcement, and action taken by the Board was as follows: UEST FOR $17,500 TO BE INCLUDED IN 1976 -1977 BUDGET FOR THE ESTABLISHMENT OF A CEN- Mr. Malcolm moved to approve the recommendation of the Engineering Committee to nclude $17,500 in the 1976 -1977 Budget for the establishment of a Central Dispatch ystem. This motion was seconded by Will L. Owings and defeated by the following re- orded vote: Aye; S. Roger Koontz, Will L. Owings, and R. Thomas Malcolm. Nay; Thom Rosenberger, Dr. Raymond L. Fish, and Dennis T. Cole. 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- inia does herein refer the request for a central dispatch system to the Finance Com- ittee for study and recommendation and does request that the Finance Committee study he feasibility and cost of having a central dispatch system located in the Frederick ounty Sheriff's Office. The above resolution was passed by the following recorded vote: Aye; Thomas B. osenberger, Dr. Raymond L. Fish, S. Roger Koontz, and Dennis T. Cole. Nay; R. Thomas alcolm, and Will L. Owings. is ties as well as to pay back both the City of Winchester and the County of Frederick. The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcol and Dennis T. Cole. RECOMMENDATION THAT BOARD AUTHORIZE RELEASE OF LOT 120 IN DARVILLE SUBDIVISION - 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 authorize and direct the County Administrator to execute a rele on Lot 120 in Darville Subdivision, Section 2 inasmuch as the provisions of Paragr 39 (b) of the then effective Frederick County Subdivision Ordinance have been met lative to said lot. The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malco and Dennis T. Cole. • I BOARD RECESS The Board recessed for five minutes. PINE SUBDIVISION - STONEWALL MAGISTERIAL DISTRICT - APPROVED 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 Pine Subdivision located on Route 11 North at Route ' 839 in Stonewall Magisterial District containing two lots. The above resolution was passed by the - following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,.R. Thomas Malco and Dennis T. Cole. 133 STONEBROOK FARMS, SECTION 6 - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Upon motion made by 5 2 seconded by Dennis T. Cole, ?i Mr. Malcolm then moved to have sections (a), (b), and (c) of the Engineering the Board of Supervisors Committee's Recommendations included in Mr. Cole's motion as follows: (a) a larger appropriation for each fire company the Board Action of June (b) The enactment of a fire code for Frederick County • (c) The establishment of the position of fire inspector for Service Authority to Frederick County This was seconded by Will L. Owings and defeated by the following record considered to be loan motion ed vote: Aye; Will L. Owings, R. Thomas Malcolm, and S. Roger Koontz. Nay; Thomas bonds in order to B. Rosenberger, Dr. Raymond L. Fish, and Dennis T. Cole. 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 a larger appropriation to each fire company, said appropri tion to be included in the 1976 -1977 fiscal year budget. • The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcol and Dennis T. Cole. BOARD ACTION OF JUNE 26, 1974, RELATIVE TO FUNDING FOR FREDERICK- WINCHESTER.SERVICE AUTHORITY - APPROVED ties as well as to pay back both the City of Winchester and the County of Frederick. The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcol and Dennis T. Cole. RECOMMENDATION THAT BOARD AUTHORIZE RELEASE OF LOT 120 IN DARVILLE SUBDIVISION - 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 authorize and direct the County Administrator to execute a rele on Lot 120 in Darville Subdivision, Section 2 inasmuch as the provisions of Paragr 39 (b) of the then effective Frederick County Subdivision Ordinance have been met lative to said lot. The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malco and Dennis T. Cole. • I BOARD RECESS The Board recessed for five minutes. PINE SUBDIVISION - STONEWALL MAGISTERIAL DISTRICT - APPROVED 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 Pine Subdivision located on Route 11 North at Route ' 839 in Stonewall Magisterial District containing two lots. The above resolution was passed by the - following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,.R. Thomas Malco and Dennis T. Cole. 133 STONEBROOK FARMS, SECTION 6 - BACK CREEK MAGISTERIAL DISTRICT - APPROVED 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 amend the Board Action of June 26, 1974, which advanced funds to • the Frederick - Winchester Service Authority to stipulate that funds appropriated to the Service Authority be considered to be loan funds to be paid back at such time as the Service Authority issues bonds in order to receive funds to construct the facili; ties as well as to pay back both the City of Winchester and the County of Frederick. The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcol and Dennis T. Cole. RECOMMENDATION THAT BOARD AUTHORIZE RELEASE OF LOT 120 IN DARVILLE SUBDIVISION - 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 authorize and direct the County Administrator to execute a rele on Lot 120 in Darville Subdivision, Section 2 inasmuch as the provisions of Paragr 39 (b) of the then effective Frederick County Subdivision Ordinance have been met lative to said lot. The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malco and Dennis T. Cole. • I BOARD RECESS The Board recessed for five minutes. PINE SUBDIVISION - STONEWALL MAGISTERIAL DISTRICT - APPROVED 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 Pine Subdivision located on Route 11 North at Route ' 839 in Stonewall Magisterial District containing two lots. The above resolution was passed by the - following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,.R. Thomas Malco and Dennis T. Cole. 133 STONEBROOK FARMS, SECTION 6 - BACK CREEK MAGISTERIAL DISTRICT - APPROVED 134 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 subdivision plat of Stonebrook Farms, Section 6 in Back Creek Magisterial District, containing 15 lots. The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malco and Dennis T. Cole. HERITAGE HILLS, SECTION 1 -A - SHAWNEE MAGISTERIAL 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 approve the subdivision plat of Heritage Hills, Section 1 -A in Shawnee Magisterial District, containing 7 lots bounded by Section 1 and Abrams Cre The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malco and Dennis T. Cole. MOLDEN REAL ESTATE CORPORATION LOTS - SHAWNEE MAGISTERIAL DISTRICT - 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 Molden Real Estate Corporation lots located in Shawnee Magisterial District, containing two lots fronting Woodstock Lane, said approval to be contingent upon the payment of the recreational impact fee of $111.00 for one un- improved lot. The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, Dr. Raymond L. Fish, R. Thomas Malco and Dennis T. Cole. FARM BUREAU REQUEST FOR COUNTY REASSESSMENT REFERRED TO FINANCE COMMITTEE Mr. Kenneth Stiles, Vice President of the Farm Bureau of Frederick County, ap- peared before the Board and presented a request for an early reassessment of real property in Frederick County inasmuch as many tracts of farm land are assessed far above their market value. After a short discussion, the Board referred the request of the Farm Bureau for an early reassessment to the Finance Committee for study and recommendation to the Board. LESTER SHICKLE REQUEST FOR VARIANCE - APPROVED Mr. Lester Shickle appeared before the Board and requested a variance from the Frederick County Division of Land Ordinance wherein he would be required to dedicate a sixty (60) foot right -of -way to the County. He stated that should he be required to adhere to this requirement the lot line would extend behind the fence line, there- by rendering the remainder of the property irregular. He advised the that he was giving this lot to his son so that he could construct a home, and that this would not be a subdivision per se. Mr. Ambrogi advised that inasmuch as one section of the Ordinance defines Mr. Shickle as a subdivider and another section states he is not, he felt the Board shoul grant the variance requested by Mr. Shickle. The Board agreed that this variance would be granted. ISECTION 4c17 OF THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE REFERRED TO PLANNING 1 Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, �I • L� • • • 135 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein refer Section 4 717 of the Frederick County Division of Land ance to the Planning Commission for their study and recommendation relative to ing said section requiring the dedication of a sixty (60) foot right -of -way to the County when property is subdivided for -the purpose of conveying a lot to a member of a family. The above resolution was passed by the following recorded vote: Aye; S. Roger r1 Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malco and Dennis T. Cole. APPOINTMENTS CHARLES McILWEE AP POINTED TO COMMITTEE ON LAW ENFORCEMENT AND COURTS 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 appoint Charles McIlwee to the Committee on Law Enforcement and Courts, Mr. McIlwee's term to commence this date and expire on December 31, 1976. The above resolution was passed by the following recorded vote: Aye; S. Roger U Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malco and Dennis T. Cole. DAVID G. DICKSON APPOINTED TO NORTHERN VALLEY MANPOWER PLANNING COUNCIL 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 appoint David G. Dickson, Deputy County Administrator, to serve a representative from Frederick County on the Northern Valley Manpower Planning Coun cil for calendar year 1976 The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malco and Dennis T. Cole. REPORT ON GOVERNOR'S CLEAN UP CAMPAIGN Mr. Koontz presented a report on the meeting held on February 16, 1976 with var ious civic groups relative to the Governor's Clean Up Campaign. He invited the Boar members to attend a meeting to be held on March 8th at the Braddock Street Methodist Church to discuss this program along with Mr. Robert Velkey who heads up the Campaig in this area of the State. COMMISSIONER OF REVENUE REQUEST FOR REFUND OF POSTAGE - APPROVED Upon motion made by R. Thomas Malcolm 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 request of the Commissioner of Revenue for a refund in the amount of $785.08 for postage paid to mail the applications for county automobile stickers to county residents. The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish,.Will L. Owings, R. Thomas Malcolm and Dennis T. Cole. The Board requested Mr. Renalds to advise all county departments that in the fu- ture no bills are to be paid out of pocket by county employees. JOIN MEETING WITH PLANNING COMMISSION SET FOR MARCH 17, 1976 The Board set the date of March 17, 1976 for a joint meeting with the Frederick County Planning Commission to discuss the proposed Land Use Plan and the five acre minimum lot requirement in agricultural areas. 136 BUDGET COMMITTEE TO MEET ON MARCH 15, 1976 The Board agreed to meet on March 15, 1976 at 7:30, to begin work on the budget) for fiscal year 1976 -1977. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by Dr. Raymond L. Fish, and ed unanimously, the Board retired into executive session to discuss legal matters with the Commonwealth Attorney pertaining to several cases currently pending before the courts. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Dennis T. Cole and seconded by Thomas B. Rosenberger and passed unanimously the Board withdrew from executive session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Dennis T. Cole, seconded by Dr. Raymond Fish and passed un- animously, the Board reconvened into Regular Session. • REPORT OF LEGAL MATTERS DISCUSSED IN EXECUTIVE SESSION - H. RAY VAN DYKE - E. L. PETERS Mr. Koontz stated that the Board had in executive session set a public hearing ' on the Van Dyke case for the first meeting in March, said date being March 10, 1976. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, I • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein authorize the Commonwealth Attorney to sign and enter a consent dew cree in the case of Peters versus Frederick County in line with the findings of the Court. The above resolution was passed by the following recorded vote: Aye; S. Roger Koontz, Thomas B. Rosenberger; Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. ITEMS REFERRED TO COMMITTEE The following items were referred to the designated committees for study and re • commendation to the Board Finance Committee 1. Letter setting forth a proposal on federal coordinator ' 2. Request for input on legislation by Senator A. Joe Canada, Jr. 3. Request of Virginia National Guard on land for an organizational maintenance facility and future armory Engineering Committee 1. Request from Lyle Strosnider for mechanical inspector for Frederick County 2. Request of Virginia National Guard on land for an organizational maintenance facility and future armory Mr. Koontz then presented a letter from the Northwestern Mental Health Associa- tion inviting the board members to a luncheon on March 19th to honor Dr. Margaret • Mead. Law Enforcement and Courts Committee 1. Letter from Judge Simpson containing proposals relative to jail facilities. CITIZENS CONCERN Mr. Rosenberger presented a letter to Mr. Ambrogi and requested that he contact him with his comments on the matter. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE , BOARD OF SUPERVISORS DO NOW ADJOURN. Chairman d. of Suderviscas Se etary Bd. of Supervisors