July 10, 1974 to July 24, 1974•
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At the Regular Meeting of the Board of Supervisors of the County of
Frederick, Virginia, held on the 10th day of July, 1974,, in the Board of Super-
visors' 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.
SUBDIVISION STREET ADDITIONS - GREEN ACRES - SECTION 5- APPROVED
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,
Virginia, does hereby request the Virginia Department of Highways to accept into
the Secondary Road System the following streets in the Green Acres Subdivision,
Section 5:
and,
1. White's Place from Woodstock Lane to Twin Hill
Circle a distance of 763 feet
3. Alta Vista Drive from Route 744 to Twin Hill
Circle a distance of 723 feet
2. Twin Hill Circle from White's Place to Alta Vista
Drive a distance of 325 feet
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: Raymond
C. Sandy, 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 Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT.RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the bills for the month of June, 1974, in the amount
of $104,548.01 and does order the same to be paid by Warrants #06084 - .hrongh
#06277.
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, Nay.
a APPROVAL OF PAYROLL
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,
Virginia, does herein approve the payroll for the month of June, 1974 in the
amount of $34,685.21 and does order the same to be paid by Warrants #03153 through
#03221 and-3#93234 through #03235.
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..
DOG WARDEN REPORT & CLAIMS CLARENCE R. FORD AND E. V. SARGENT - APPROVED
Mr. Harold Whitacre, Dog Warden, appeared before the Board and presented
his monthly report.
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,
Virginia, does herein approve the claim for livestock kill of Clarence J. Ford
in Opequon Magisterial District for one laying hen in the amount of $1.50.
The above resolution was passed -by the -followin.g - 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 made by Richard F."-Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the.BOard of Supervisors of the County of Frederick,
Virginia, does herein approve the claim•.for livestock kill of E. V. Sargent of
Opequon Magisterial District for one calf in the amount of $45.0.0.
The above resolution was passed by the following recorded vote: Raymond C.
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Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye;•DOnald R. Hodgson, Aye;
and Richard F.-Madigan, Aye.
MOBILE HOME PERMITS - STOTTLEMYER, ANDERSON., CHAPMAN, HITE - APPROVED
Upon motion made by J. Robert.-Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein approve the following mobile home permits:
1. Charles F. Stottlemyer - Gainesboro District
2. Darrell W. Anderson - Gainesboro District
3. Michael Chapman - Gainesboro District
4. Leon Hite - Back Creek District
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.
RESOLUTION REQUESTING ANNUAL AUDIT - 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,
Virginia, does herein request the Auditor of Public Accounts of the Commonwealth
of Virginia to conduct the annual audit of the records of the County of Frederick
for the fiscal year ended June 30, 1974, as required by law.
The above resolution was passed by the following recorded vote: Raymond C.
Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Aye;
and Richard F. Madigan, Aye.
DONALD BAUGHMAN APPOINTED TO FREDERICK COUNTY WELFARE BOARD
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,
Virginia, does herein appoint Mr. Donald Baughman to serve on the Frederick County
Welfare Board for a term of four years.
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.
RESOLUTION - SELECTION OF CHAIRMAN AT LARGE - APPROVED
Mr. Cole presented a resolution requesting the Circuit Court of Frederick
County to set a referendum at the regular election in November, 1974, for the
selection of the Chairman of the Board at large.
Mr. Sandy stated that he felt several questions must be answered before the
people are asked to vote on this question, such as what the duties of the chairman
will be, whether or not this will be a full or -part -time position,, salary for the
position', etc. He stated that he felt the final decision should be made by the
people-of Frederick County. '
Mr. Cole stated he felt these - questions were spelled out within the state .
law and as he understood it the compensation could not be more than $1,800.
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Mr. Madigan stated that the people elec'ted'their respective representati
and the representatives-then choose one among themselves that they feel they can
work with. He further stated that should a Chairman at'Large be elected; the-
possibility of having a Chairman the rest of the Board• can'not - work with would
arise.
Mr. Cole stated that he was confident the people would elect someone
qualified and capable to handle the position and he strongly felt the decision
should rest with the people of Frederick-County.
Mr. Madigan stated that there would be perhaps thirteen or fourteen
• thousand people voting in November who would select the Chairman; that many of
these people never attend board meetings and would not have to work closely with
the Chairman; that the Board members would-indeed have to work closely with the
Chairman and therefore the selection should be left up'to the members of the
Board.'' Mr. Madigan further pointed out the problems which could arise should the
chairman be from one political party and the'majority the Board from another
political party.
Mr. Cole stated that he felt the people of Frederick County should have
• the right to decide whether or not they desire to elect the Chairman of the Board.
Mr. Russell stated that he could see where the Chairman of the Board would
have to spend more time in the future in the government of the County. He further
stated that he would not be against the people deciding how the chairman should
be elected.
Mr. Charles Boyd stated that he felt the Board should hold a public
hearing on this matter in order to get public input and further to hear the
public with respect to their feeling on the election of supervisors at large.
The amount of time required by the position of Chairman at Large and the
salary to be paid was discussed at length.
• Mr. Cole stated that this matter had been discussed by many groups
throughout the County and he felt the people had been most receptive to the matter
Mr. Madigan moved to withhold action on Mr. Cole's resolution until legal
counsel for the Board arrived.. The motion died for lack of a second.
Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT RESOLVED, By the Frederick County Board of Supervisors that, pur-
suant to Section 15.1 -527.1 of the Code of Virginia, 1950, as amended, the Cir-
cuit Court of Frederick County, Virginia, be hereby requested to set a referendum
. I at the regular election in November, 1979, on the question of Frederick County
being governed by a Board of Supervisors, one or more, elected from each magister
district and a chairman elected from the County at large.
The above resolution was passed by the following recorded vote: Dennis
T.'Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan,
Nay; and Raymond C. Sandy voting Nay stating that he felt there were too many un-
answered questions at this time.
j, RESOLUTION REQUESTING A STRAW BALLOT FOR THE ELECTION OF
TWO SUPERVISORS FROM EACH MAGISTERIAL DISTRICT - DENIED
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
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does herein request the Circuit Court to set a straw ballot for
the regular.election 'in'November, 1974, on the question of electing two super-
visors from each magisterial district in Frederick County. '
The above resolution was defeated by the following recorded vote: Donald R.
Hodgson, Aye; Dennis T. Cole, Aye; Raymond C. Sandy, Nay; J. Robert Russell, Nay;
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and Richard F. Madigan, Nay.
PUBLIC HEARINGS
Rezoning Application- Lanny Eugene Snyder - 1.00 acre - Back Creek Magisterial
District - Approved:
Mr. Snyder appeared before the Board in support of his application for
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rezoning.
There was no opposition.
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,
Virginia, 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 1.00 ACRES, MORE OR
LESS, OF LANNY EUGENE SNYDER, LOCATED AT THE INTERSECTION
4 OF ROUTE 644 (PAPER MILL ROAD) AND CALDWELL LANE IN BACK
CREEK MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -2)
TO BUSINESS, LIMITED (B -1).
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.
Rezoning Application - Paul E. Rhinehart, Jr. - 9.8329 acres - Back Creek
Magisterial District - Approved:
Mr. Rhinehart appeared before the Board in support of this rezoning applicat
There was no opposition.
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,
Virginia, 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 9.8329 ACRES, MORE OR
LESS, OF PAUL E. RHINEHART, JR., LOCATED AT THE INTERSECTION
OF ROUTES 809 and 817, BOUNDED BY THE WINCHESTER AND WESTERN
RAILROAD IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL,
LIMITED (A -1) TO INDUSTRIAL, GENERAL (M -2).
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 made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia', does herein approve a refund to Mr. Paul E. Rhinehart, Jr. in the amount
of $87.00 representing payment for a rezoning application which had been filed by
Mr. Rhinehart setting forth insufficient acreage which necessitated the resubmitta
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of a second application and payment of an additional fee. -
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.
Rezoning Application - Spectrum Properties - 20.00 acres - Shawnee Magisterial
District - Approved:
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Mr. Ben Butler appeared before the Board representing Waste Reduction, Inc!
' the prospective purchasers of the property sought to be rezoned. Mr. Butler de-
cribed the location of the property and the type of operation Waste Reduction
would locate there. 'He further stated that the adjacent landowners, Panorama,
Spectrum and Skyline Aviation, Inc., did not object to this rezoning. Mr. Butler
stated that there were restrictive covenants set forth in the deed to insure a cleat
operation. He further stated that the Health Department had approved the site. Mr.
Butler presented pictures of a similar operation located in Georgia stating that
there was a school and several business offices in the immediate area of this plant
• Mr. Butler stated that his clients had been asked to locate their facility in
another county but wanted to remain in the area. He further stated that this type
of operation was a coming thing in the United States and this would be the first
• I Gunter stated that once the Board permits M -2 zoning for this property they lose
control over its use.
Mr. Jim Wilson stated that he felt it was misleading for the applicant
to state that this plant would eliminate the landfill and that this was an im-
possibility. He further stated that he felt the operation of this plant in the
County would increase the charges at the landfill.
Mr. Sandy asked if the petitioner would agree to include the restrictive
covenants set forth in the deed in the conditional use permit and Mr. Butler stated
that they would not object to this request.
Mr. Butler denied that the applicant had attempted to disguise his app-
lication as alleged by Mr. Gunter and that the proposed use of the property had
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plant of this type in Virginia.
Mr. Madigan asked what the chemical reaction would be at'the landfill when
the material from this plant is dumped there. Mr. Smith stated that the materials
would be reduced to three inch particles and there would be no chemical reaction.
He further stated that the materials from the plant would not sustain rodents and
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therefore this problem would be reduced.
Mr: John Anderson appeared before the Board representing Perry Engineer -'
ing Company, in opposition to this rezoning application stating that Mr. Perry's
business is located directly across the road from this property and he objected
to the rezoning because of the potential odor problem and the increased traffic
hazard it would create. He presented a statement of opposition to the Board on
behalf of Mr. Perry.
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Mr. Eugene Gunter appeared before the Board representing several land
owners in the immediate area of the proposed rezoning. He stated that the Planning
Commission had voted unanimously to deny this application. He further stated that
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this 20 acre tract of land had been severed from a larger tract which the Board
previously been asked to rezone to M -1 and now the applicant is requesting M -2
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zoning for'the above mentioned twenty acre tract.
He stated that the Board had received a petition signed by landowners in
the area which sets forth their opposition to this rezoning. He further stated
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that he felt the applicants had tried to disguise their intentions in this rezoning
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application in that it had been submitted in the name of Spectrum Properties in=
stead of the name of the individual who will construct and operate the plant. Mr.
• I Gunter stated that once the Board permits M -2 zoning for this property they lose
control over its use.
Mr. Jim Wilson stated that he felt it was misleading for the applicant
to state that this plant would eliminate the landfill and that this was an im-
possibility. He further stated that he felt the operation of this plant in the
County would increase the charges at the landfill.
Mr. Sandy asked if the petitioner would agree to include the restrictive
covenants set forth in the deed in the conditional use permit and Mr. Butler stated
that they would not object to this request.
Mr. Butler denied that the applicant had attempted to disguise his app-
lication as alleged by Mr. Gunter and that the proposed use of the property had
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been posted on a -sign on .the -site. He again pointed out that this be a
operation with no'odor or-blowing - debris
Mr. Hodgson stated-that he and Mr. Russell had visited a recycling center in
Atlanta, Georgia, and that they had found it to be a very clean, efficient opera
He further stated that there was some odor inside the building but none outside
the plant.' He pointed out there was a school; a shopping center and a con-
dominium complex in the immediate area of this.plant and apparently they had en-
countered-no problems with the residents in the area.
Mr. Russell stated that he too was impressed by the operation at this plant
and the uses-found in-the area surrounding the facility. He stated that he felt
the problem of refuse disposal was one we must consider very carefully so that
we will not be using valuable land for this purpose.
Mr. Madigan stated that he was concerned in that when this property had
been - originally rezoned to M -1, the Planning Commission was under the impression
that an industrial park would be located there with light industrial activities
and that the Planning Commission had intended to keep the entrances into Wincheste
as attractive as possible. He stated that he felt this facility should be closer
to the landfill and that he was quite concerned with the housekeeping practices .
of the-applicant inasmuch as this has been and is now a problem in their present
location. He stated that he was also concerned about the traffic hazard that
might be-created.
-Mr. Cole stated that recycling is a must and we must conserve our natural
resources. He further stated that as we continue to grow, the problem of refuse
disposal will also grow and we must recycle these materials to conserve our energy
and natural resources. He stated that he felt any place this -plant was proposed
to be - located there would be opposition.
Mr. Russell stated that he wished the Planning Commission had had the oppor-
tunity to visit the plant in Atlanta. He further stated that he also felt re-
cycling is a must in-order-to conserve our resources. He stated that the Spectrum
representatives have investigaped this operation quite ;•tkloroughly and were en-
dorsing this facility into their industrial park. He stressed that he too felt
there -must be good housekeeping at the plant:
Mr. Madigan asked if-after viewing-the plant in Atlanta; Mr. Hodgson or Mr.
Russell felt this might be an M -1 activity rather than an M-2-activity.
Mr. Cole stated that the Committee on Planning and Development had recommend-
ed that recycling centers should-be retained in the M -2 District inasmuch as the
M -1 District encompasses such things as warehouses, etc.
Mr: Hodgson stated that he felt this would be a clean industry and should be
kept in the M -2 District with a conditionaluse•permit.
Mr.-Sandy stated-that-he had been in-favor of the project from the beginning
but would have preferred a different location, other than an entrance road into
Winchester. He further-stated that housekeeping was of great concern to-him and
that he felt this area-might be better-suited for-M -1 zoning.
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,
Virginia, does herein approve on third and final reading the following ordinance;
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AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1,
1973, TO REZONE 20.00 ACRES, MORE OR- LESS,- OF SPECTRUM - PROPERTIES,- INC.,•LOCATED
AT THE INTERSECTION OF ROUTE 50 EAST AND ROUTE 728 IN SHAWNEE MAGISTERIAL DISTRICT
FROM INDUSTRIAL, LIMITED (M -1) TO INDUSTRIAL, GENERAL (M- 2),with the following
restrictions:
1. There shall be no dumping or open stockpiling of appliances, container
equipment,or junk, or disabled motor vehicles of any type.
2. There shall be no dumping or open accumulation of trash, garbage, or
other waste material.
3. No other uses shall be permitted or maintained on said property.
The above resolution was passed by the following recorded vote: J. Robert
and he did not feel the Board should overturn the recommendations of the Planning
Commission on a rezoning that took place several months ago.
REZONING APPLICATION - "WEBER'S NURSERY - APPROVED
' Mr. Cole stated that Mr. Weber had come to see him and he had talked with
Mr. Berg and it was felt that this property should be in an A -2 District and not
a business zone.
• 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,
Virginia, 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 THE PROPERTY ON WHICH IS LOCATED THE
WEBER'S NURSERY, IN STONEWALL MAGISTERIAL DISTRICT; FRONTING NORTH
ROUTE 11 FOR 400 FEET AND LEE STREET 387 FEET AND CONSISTING OF
3.7 ACRES, MORE OR LESS; FROM RESIDENTIAL, LIMITED (R -1) TO
AGRICULTURAL, GENERAL (A -2)
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.
REZONING APPLICATION - WESTERN FREDERICK BANK - APPROVED
Mr. Sandy read the rezoning request of Western Frederick Bank.
There was no opposition.
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,
Virginia, 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 3.18644 ACRES MORE OR
LESS, OF WESTERN FREDERICK BANK, LOCATED ON THE SOUTH SIDE
• OF ROUTE 50 WEST APPROXIMATELY 3/10 MILES WEST OF INTER-
SECTION WITH ROUTE 752 IN -BACK CREEK MAGISTERIAL DISTRICT;
FROM AGRICULTURAL, LIMITED (A -1) 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; Donald R. Hodgson,
Aye; and Richard F. Madigan, Aye.
LOAN TO FREDERICK COUNTY SANITATION AUTHORITY - APPROVED
Mr. Renalds presented the request for loan to the Sanitation Authority...
Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of Frederick County,
Virginia, does herein approve a loan in the amount of $29,341.16 to the Frederick
County Sanitation Authority;and,
BE IT FURTHER RESOLVED, That said funds are herein authorized to be ex-
pended from budget code 10 -01OH -902 of the General Fund and that this loan -is a
Russell, Aye; Dennis T.
Cole, Aye; and Donald R. Hodgson,
Aye. Mr. Raymond C.
Sandy voted Nay. Mr. Richard F. Madigan voted Nay stated
that as a member of
the Planning Commission
he felt as they did that this area should be kept M -1
and he did not feel the Board should overturn the recommendations of the Planning
Commission on a rezoning that took place several months ago.
REZONING APPLICATION - "WEBER'S NURSERY - APPROVED
' Mr. Cole stated that Mr. Weber had come to see him and he had talked with
Mr. Berg and it was felt that this property should be in an A -2 District and not
a business zone.
• 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,
Virginia, 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 THE PROPERTY ON WHICH IS LOCATED THE
WEBER'S NURSERY, IN STONEWALL MAGISTERIAL DISTRICT; FRONTING NORTH
ROUTE 11 FOR 400 FEET AND LEE STREET 387 FEET AND CONSISTING OF
3.7 ACRES, MORE OR LESS; FROM RESIDENTIAL, LIMITED (R -1) TO
AGRICULTURAL, GENERAL (A -2)
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.
REZONING APPLICATION - WESTERN FREDERICK BANK - APPROVED
Mr. Sandy read the rezoning request of Western Frederick Bank.
There was no opposition.
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,
Virginia, 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 3.18644 ACRES MORE OR
LESS, OF WESTERN FREDERICK BANK, LOCATED ON THE SOUTH SIDE
• OF ROUTE 50 WEST APPROXIMATELY 3/10 MILES WEST OF INTER-
SECTION WITH ROUTE 752 IN -BACK CREEK MAGISTERIAL DISTRICT;
FROM AGRICULTURAL, LIMITED (A -1) 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; Donald R. Hodgson,
Aye; and Richard F. Madigan, Aye.
LOAN TO FREDERICK COUNTY SANITATION AUTHORITY - APPROVED
Mr. Renalds presented the request for loan to the Sanitation Authority...
Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of Frederick County,
Virginia, does herein approve a loan in the amount of $29,341.16 to the Frederick
County Sanitation Authority;and,
BE IT FURTHER RESOLVED, That said funds are herein authorized to be ex-
pended from budget code 10 -01OH -902 of the General Fund and that this loan -is a
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part of and not an addition to the approved loans to the Frederick County Sanitation
Authority as approved by this Board at.a regular meeting held on April 12, 1972,
and is subject to the terms•so.esta.blished on that date. '
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, Nay.
LORD FAIRFAX SOIL & WATER CONSERVATION DISTRICT REQUEST - 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,
Virginia, does herein approve a $100 donation to the Lord Soil and Water •
Conservation District to assist in the educational and conservation projects to
be conducted in said district.
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;
11 and Richard F. Madiga, Aye.
RETROACTIVE PAY - SHERIFF'S DEPUTIES - APPROVED
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, ,
BE IT RESOLVED, By the Frederick County Board of Supervisors that this Board •
does concur with the following salary changes approved by'the State Compensation
Board per their letter dated June 26, 1974, with relation to salaries of deputy
sheriffs completing school requirements:
J.
A.
Johnson - $7200 retroactive to 4/1/74 - 7/1/74 - $7920
C.
W.
Brill - $7200 retroactive to 4/1/74 - 7/1/74 $7920
C.
W.
Washington -. $7200 retroactive to 4/1/74 - 7/1/74 $7920
R.
A.
Kline - $7200 retroactive to 4/1/74,- 7/1/74 $7920
R.
J.
Whitacre, Jr. - $7200 retroactive to 4/1/74 - 7/1/74 $7920
J.
E.
Carper, Sr. - $7032 retroactive to 2/1/74 - 7/1/74 $7700
J.
S.
Washington* - $6720 retroactive ' to 2/1/74 - 8/1/74 $7032
*Promoted 5/1 to W. E.Elliott's position at $6720
T.
E.
Tangeman - $6720 retroactive to 2/1/74 - 8/1/74 $7032
BE
IT
FURTHER RESOLVED, That back pay to the following individuals is here-
by authorized to be paid:.
•
J.
A.
Johnson - $95.01 and C. W. Washington = $95.01
J.
E.
Carper - $13.25 J. S. Washington - $210.00
,
and
BE.IT
FURTHER RESOLVED, That the following changes are hereby authorized in
the 1974 -1975 budget:
Increase Revenue Estimate 05 -634 $1,652.00
Increase Appropriations 06- 006A -106N 563.00
06- 006A -106M 563.00
06- 006B -106A 155.00
$1,281.00 •
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.
DEPARTMENT HEADS REPORTS - ACCEPTED
After review, the reports of the Department Heads were accepted.
CONSTITUTIONAL OFFICERS REPORTS - ACCEPTED
After review, the reports of the Constitutional Officers were accepted. ,
SUPPLEMENTAL APPROPRIATION - PARKS AND RECREATION DEPARTMENT - DONATION
EXPENDITURE - APPROVED
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, By the Board of Supervisors of the County of Frederick,
Virginia, that the $1,074 donation in reserve for Parks and Recreation use in
W
Stonewall Magisterial District is herein appropriated to expenditure code 19 -18F5-
601B and authorized to be expended in the fiscal year ending June-30, 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 Richard F. Madigan; - --
SUPPLEMENTAL APPROPRIATION - PARKS & RECREATION DEPT. - FENCING - APPROVED
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 a supplemental appropriation in the amount of $8,460.00 is hereby authorized
• 1 as an addition to the 1974 -75 budget of the Parks and'REcreation Department for
the purpose of fencing the swimming pool and adjacent areas in Clearbrook Park.
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.'
THE SUMMIT - PRELIMINARY SITE PLAN - SECTION 10 & 11 - APPROVED
' Mr. Berg presented the preliminary site plan for Sections 10 and 11 of The
Summit stating that water and sewer would be provided by the Lake Holiday Estates
• Utility Company.
Mr. Sandy asked if'the approval of the plat would be subject to the payment of
the recreational impact fee and Mr. Berg stated that it would be.
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 preliminary site plan for Sections 10 and 11 of The
Summit in Gainesboro Magisterial District. _.�•
The above resolution was passed by the following recorded vote: J: Robert
Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye; Raymond C. Sandy,
Virginia does herein rescind the resolution passed by this'BOard on June 26, 1974,
relative to the sale at public auction of the vehicles confiscated by the Sheriff':
Abstaining; and Dennis
T. Cole voting Nay stating that he
could not vote Aye on
•
this -matter untilt - the
developer provides water and : sewer
services and posts a
surety bond with this
Board.
FOR SEWAGE STORAGE AT APPLE PIE RIDGE SCHOOL
RESOLUTION TO RESCIND
ACTION TO SELL VEHICLES AT PUBLIC AUCTION
- APPROVED
'
Virginia, does herein grant authorization to the Frederick County Sanitation
Authority to use the 20,000 gallon tank presently stored at Clearbrook Park for
sewage storage at the Apple Pie Ridge School.
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,
Virginia does herein rescind the resolution passed by this'BOard on June 26, 1974,
relative to the sale at public auction of the vehicles confiscated by the Sheriff':
and Richard F. Madigan, Nay.
Department and stored at the Frederick County School Bus Shop.
•
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, Nay.
RESOLUTION AUTHORIZING SANITATION AUTHORITY USE OF 20,000 GALLON TANK
FOR SEWAGE STORAGE AT APPLE PIE RIDGE SCHOOL
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,
'
Virginia, does herein grant authorization to the Frederick County Sanitation
Authority to use the 20,000 gallon tank presently stored at Clearbrook Park for
sewage storage at the Apple Pie Ridge School.
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, Nay.
10
COMMONWEALTH'ATTORNEY COUNTY ADMINISTRATOR AUTHORIZED'TO
PROCEED WITH CONDEMNATION PROCEEDINGS FOR LANDFI ROAD
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
Virginia, does herein authorize and direct the Commonwealth Attorney and the
County Administrator to proceed with condemnation proceedings for the acquisition
of property to provide'an access road to the new landfill site up to an amount of
$2,000:
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.
EXECUTIVE SESSION
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
and passed unanimously the Board retired into executive session to discuss pending
litigation of a law suit in which the County is'involved.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
and passed unanimously the Board withdrew from executive session..
Upon motion made by Richard F. Madigan, seconded by Dennis T. Cole, and
passed unanimously the Board reconvened into Regular Session.
UPON MOTION.DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT
THE BOARD OF SUPERVISORS DO NOW ADJOURN.
q . (9- .nI
�i SI ors
retary Bd. of Supervis
At a Regular Meeting of the Board of'Supervisors of the County of Frederick,
Virginia held on the 24th day of July, 1974, 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.
SUBDIVISIONS
FREDERICKTOWNE - SECTION III - PRELIMINARY PLAT - APPROVED
Mr. Berg presented the Plat of Fredericktowne Section III and stated that it
is located between the site of the Bass - Hoover School and Section I of Frederick
He stated that this property is zoned residential, General (R -3) and has the po-
tential for 261 lots, with 258 platted and that the plat is in order and meets
all requirements. Mr. Berg stated that the builder agrees to guarantee perpetual
care of the partial lots 263, 262, and 259.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE'IT RESOLVED, That the Frederick County Board of Supervisors does herein
•
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•
approve the preliminary plat of Fredericktowne, Section III with the stipulation
that the Stephens City Sewer Plant be upgraded before construction i's-commenced.
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.
HYDE LOTS - FINAL PLAT - APPROVED
Mr. Berg presented the plat of Hyde Lots and stated that these lots are located
on the East side of Route 11 North and just North of the I -81 cross over in
Stonewall Magisterial District.
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
•
BE IT RESOLVED, That Board of Supervisors does herein approve the final
plat of Hyde Lots located on the East side of Route 11 North and just North of
the I -81 cross -over in Gainesboro Magisterial District.
The above resolution was passed by the following recorded vote: Raymond C.
i
•
Sandy, Aye; Dennis T. Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye;
and Richard F. Madigan, Aye.
CRISMAN SUBDIVISION - PLAT REVISION
Mr. Berg presented the plat of Crisman Subdivision stating that this plat re-
vision would correct the-plat approved in 1954.
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,
Virginia, does herein approve the plat revision of Crisman Subdivision located in
Stonewall Magisterial District to add lot #153.
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
ROAD ADDITIONS - MERRIMANS' ESTATES - 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,
Virginia, does hereby request the Virginia Department of Highways to accept in to
the Secondary Road System the following streets in Merrimans' Estates, Section II:
1. Weitzell Place from Wayland Drive to 277 feet west to deadend
2. Wayland Drive from Weitzell Place to Route 1306 a distance of
386 feet
and,
BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a
F_ I L
proper and acceptable bond with the Virginia Department of Highways.
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.
ROAD ADDITION.= ALBIN ACRES - APPROVED
Upon motion made by J. Robert Russell seconded Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does hereby request the Virginia Department of Highways to accept into
the Secondary Road System the entrance road of Albin Acres Subdivision, more
specifically described as Thwaite Avenue from its intersection with Route 679 to
a point on said Thwaite Avenue 1,030 feet South of said intersection; the length
of the road to be accepted into the Secondary Road System is approximately 1,030
•'1 1
12
lineal feet; and,
BE IT FURTHER RESOLVED, That this request in 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: Raymond
C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole,
Aye; and Richard F. Madigan, Aye..
AN ORDINANCE TO REZONE 83.00 ACRES OF CARLIN L. SMITH, GEORGIA E. SMITH, AN
LESTER A. ELLIOTT - FIRST AND SECOND READING APPROVE
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
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 83.00 ACRES, MORE OR LESS, OF
CARLIN L. SMITH, GEORGIA E. SMITH, AND
LESTER A. ELLIOTT, LOCATED 400 FEET EAST
OF ROUTE 522 NORTH, APPROXIMATELY 4/10
MILES NORTH OF THE WINCHESTER CITY LIMITS,
IN STONEWALL MAGISTERIAL DISTRICT; FROM
RESIDENTIAL, GENERAL (R -3) TO MULTI - FAMILY,
RESIDENTIAL (R -6).
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.
AN ORDINANCE TO REZONE APPROXIMATELY 275.90 ACRES (SURROUNDING THE SUMMIT) OF
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick
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 APPROXIMATELY 275.90 ACRES (SUR-
ROUNDING THE SUMMIT) OF LAKE HOLIDAY ESTATES,
INC., LOCATED WEST OF CROSS JUNCTION, VIRGINIA,
AND SOUTH OF WHITACRE, VIRGINIA, IN GAINESBORO
'MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED
(A -1) TO RESIDENTIAL RECREATION COMMUNITY (R -5)
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.
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick
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 ADD: .1
SECTIONS 2 -1 -23, 3 -1 -25, 12 -1 -22, 13 -1 -27
TO READ:
RETAIL AND WHOLESALE BUSINESSES ESTAB-
LISHED BEFORE NOVEMBER 1,.1973; WITH
EXPANSION PERMITTED UP TO 50% OF THE
SQUARE FOOTAGE OF THE ORIGINAL STRUCTURE
SECTIONS 9 -1 -11, 10 -1 -26, 12 -1 -21, 13 -1 -26
TO READ:
SINGLE FAMILY HOMES BUILT BEFORE
NOVEMBER 1, 1973, WITH EXPANSION
PERMITTED WITHIN THE BOUNDS OF
THE EXISTING LOT LINES AND HOME
OCCUPATIONS EXCLUDED
J
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I
is
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
The above resolution was passed by the following recorded vote: Raymond
C. Sandy, Aye; Dennis T. Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye;
and Richard F. Madigan, Aye.
ORDINANCE TO REZONE 5.00 ACRES, MORE OR LESS OF LANNY EUGENE SNYDER, ET UX, -
FIRST AND SECOND READING 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
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 5.00 ACRES, MORE OR LESS, OF
LANNY EUGENE SNYDER, ET UX, LOCATED APPROX-
IMATELY 1 /10 MILE SOUTHEAST OF CALDWELL LANE
AND 2/10 MILE SOUTHWEST OF ROUTE 644 (PAPER
MILL ROAD) IN BACK CREEK MAGISTERIAL DISTRICT;
-- -FROM RESIDENTIAL, LIMITED (R 4 2) TO INDUSTRIAL,
LIMITED (M -1)
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.
RECONSIDERATION OF ZONING ACTION - AN ORDINANCE TO AMEND THE FREDERICK C
ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND: ARTICLE 12 AND 13 O
• RE GULATIONS IN MANUFACTURING DISTRICTS.
Mr. Sandy read the recommendation from the Planning Commission to retain
M -1 and M -2 Districts of the Zoning Ordinance as written.
Mr. Cole stated that he still feels that warehouses should be allowed in
the M -1 Districts inasmuch as they are a lighter use.
M -1 District referred back to Planning Commission for study and recommendations:
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
does herein refer the M -1 District of the Frederick County Zoning Ordinance back to
C. Sandy, Aye; Dennis T. Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson,
Aye; and Richard F. Madigan, Aye.
CONDITIONAL. USE PERMITS
CONDITIONAL USE PERMITS - GAINESBORO MAGISTERIAL DISTRICT - APPROVED
' Upon motion made by J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein approve the following Conditional Use permits in Gainesboro
Magisterial District:
(a) B. R. Strother - Mobile Home Permit for Storage Only.
(b) Earl Burroughs, Jr. - Mobile Home Permit
the Planning Commission for further study and recommendation.._.
•
The above resolution was passed by the following recorded vote: Raymond C.
Sandy, Aye; J. Robert Russell, Donald R. Hodgson, Aye; Dennis T. Cole, Aye;
and Richard F. Madigan, Aye.
AMENDMENTS TO M -2 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,
Virginia does herein approve the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK
COUNTY ZONING ORDINANCE ADOPTED .
NOVEMBER 1, 1973, TO AMEND; - ARTICLE
13, YARD REGULATIONS IN MANUFACTURING
DISTRICT (M 72)
The above resolution was passed by the following recorded vote: Raymond
C. Sandy, Aye; Dennis T. Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson,
Aye; and Richard F. Madigan, Aye.
CONDITIONAL. USE PERMITS
CONDITIONAL USE PERMITS - GAINESBORO MAGISTERIAL DISTRICT - APPROVED
' Upon motion made by J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein approve the following Conditional Use permits in Gainesboro
Magisterial District:
(a) B. R. Strother - Mobile Home Permit for Storage Only.
(b) Earl Burroughs, Jr. - Mobile Home Permit
14
(c) Martha Nesselrodt - Mobile Home Permit for Storage Only
(d) Dale Whitacre - Mobile Home Permit
The.above resolution was passed by the following recorded vote: Raymond
r
C. Sandy, Aye; Dennis T. Cole, Aye; J. Robert Russell, Aye;- Donald R.-Hodgson,
Aye -and Richard F. Madigan, Aye.
CONDITIONAL USE PERMITS - BACK CREEK DISTRICT.- 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
does herein approve -the Mobile Home Permits of William Campbell, Sr. and James
Butler located in Back Creek Magisterial District.
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.
CONDITIONAL USE PERMITS - OPEQUON DISTRICT - 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
does herein approve the Mobile Home Permits of Clifton H. Clark and James W. Hicks
located in Opequon Magisterial District.
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.
LEARY EDUCATIONAL CENTER - MOBILE HOME PERMIT - APPROVED
Mr. Berg presented the application of the Leary Educational Center located
in Gainesboro Magisterial District for three units for dormitory use..
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick
does herein approve the application of Leary Educational Center for three units
for dormitory use..
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.
CONDITIONAL USE PERMIT - STANFORD AND INGE SIGN COMPANY, INC: ERECTION OF
SIGN - 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
does herein approve the Conditional Use Permit of Stanford and Inge Sign Co. Inc.
to erect one single -face sign (18' x 60 advertising WOOLEN SHOP; the
location being Route I -81, in Stonewall Magisterial District, situated .2 miles
North of Interchange #82.
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.
SITE PLAN - L & L BUILDERS - APPROVED
Mr. Berg presented the site plan of L & L Builders for construction of a
50' x 80' Warehouse located on Frontage Road II, Northwest of Crown, Cork and Seal
in Stonewall Magisterial District.
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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
does herein approve the site plan of L'& L Builders for the construction of a
50' x 80' Warehouse located in Stonewall Magisterial District.
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.
CONDITIONAL USE PERMIT - KENNETH BURCHAM - STONEWALL DISTRICT'- 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
does herein approve the mobile home permit of Kenneth Burcham in Stonewall 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; Donald R. Hodgson,
Aye; and Richard F. Madigan, Aye.
SUPPLEMENTAL APPROPRIATION - JUDGE WOLTZ- APPROVED
Upon motion made by Richard F. Madigan and'seconded by Dennis T. Cole,
BE IT RESOLVED,•By the Frederick County Board of Supervisors that a supp-
lemental appropriation in the amount of $100.00 is hereby authorized to the account
of 5 -005A -109 in the General'Operating Fund Budget for the Fiscal Year 1974 -1975,
said funds being a carry -over of appropriation from prior year for the purpose
of compensating an office assistant for the Judge of the Circuit.Court. .
The above resolution was passed by the following recorded vote: Raymond
•
1
C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson,
Aye; and Richard F. Madigan, Aye.
SUPPLEMENTAL APPROPRIATION - BUILDING AT NEW LANDFILL SITE - 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,
Virginia, does herein approve a supplemental appropriation in the amount of $4,000
to cover the additional cost of construction of the maintenance building at the
new landfill site, said approval being cohtingent upon the City of Winchester m
ing said amount equally.
The above resolution was passed by the following recorded vote: Raymond
r1
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C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson,
Aye; and Richard F. Madigan, Aye.
REPORT - JAMES E. BOYD - DIRECTOR OF ACCOUNTING
A report was submitted by Mr. Boyd in which a comparison of fund balances
schedule and statement of operations of the various County Funds for the fiscal
year ended June 30, 1974 was given.
RESOLUTION OF APPRECIATION TO HENRY M. BRUMBACK
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
does herein approve the following resolution:
BE IT RESOLVED, by the Frederick County Board of Supervisors that this
resolution of appreciation be hereby enacted in honor of seventeen years of honorab
public service to Frederick County, Virginia by Henry M. Brumback as Chairman of
the Frederick County Welfare Board, During his terms of office, Mr. Brumback
contributed many valuable hours of his time to the improvement of community welfare
16
services in.order that"the--general - health ;.safety, and welfare of'Frederick County
citizens might be.enhanced.. This Board does hereby.express its sincere gratitude
to Henry M. Brumback for'his tireless efforts in this most important area of '
County service.
BE IT FURTHER RESOLVED, That this Resolution is-hereby ordered to be
entered into the minutes of meeting, and further a copy of this Reso-
lution be forwarded to Henry M. Brumback.
The•above resolution was passed by the following recorded vote: Raymond
C. Sandy;. Aye; J. Robert Russell, Dennis T. Cole, Aye; Donald R.- Hodgson, Aye;
and Richard F. Madigan, Aye. II •
APPROVAL OF DAILY RATES FOR STATE -LOCAL HOSPITALIZATION
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, by the Board of Supervisors of the County of Frederick,
Virginia, that the following daily rates for State -Local Hospitalization during
the fiscal year 1974 -1975 are hereby approved:
Medical College of Virginia 91.28 '
University of Virginia 91.28
Shenandoah County Memorial Hospital 53.56.
Winchester Memorial Hospital 64.68
Towers Hospital 65.00 •
The above resolution was passed by the following recorded vote: Raymond
C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole,
Aye; and Richard F. Madigan, Aye.
NOTIFICATION BY THE'BOARD - CHARLES H. GRIM - CONCERNING POSSESSION OF LAN
FOR CITY - COUNTY LANDFILL
R Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virgini
on this 14th day of August, 1974, pursuant to Section 15.1 -238 of the Code of
Virginia, 1950, as amended, hereby authorizes J. O. Renalds, III, County Adminis-
trator, on behalf of the Board of Supervisors of Frederick County, as the gov- •
erning body, to notify one Charles H. Grim, by registered mail, on the 15th day
of August, 1974, that the-County of Frederick intends to enter upon and take
'
possession of real property owned by Charles H. Grim (Deed Book 113, Page 327)
situate in the Shawnee Magisterial District, Frederick County, Virginia, said
property being situate on the access road to the new Winchester- Frederick County
Landfill. Frederick County will compensate the said Charles H. Grim in the
amount of Five Hundred Dollars ($500.00) for the taking of the aforesaid property,
which is more particularly described as follows:
Beginning at a point in the south property line of the City of
•
Winchester, Virginia, said line also being the north property
line of the land of Charles H. Grim, thence S 14 58" W-
209.29 feet to a point in the boundary line between the lands of
Charles••H:.Grim and Vernon and Annabelle Franklin; thence
564 W -79.40 feet along the Grim - Franklin line
to a second point in said line; thence N 14 58" E- 263.04
feet to a point in the boundary line between the lands of Thomas
B. Jones and Charles H.. Grim; thence N 71 40' 56 "W -60.10
feet to the point of beginning.'
The purpose.of entering upon and taking possession of said property is
for the improvement of an access road to'the new Winchester- Frederick County
'.
Landfill.
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.
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REPRESENTATIVE FOR - CHARLES CARROLL - ADDRESSES BOARD
Mrs. Carroll, appeared before the Board, representing Charles Carroll and
' requested that the deed restrictions be removed.from Mr.:Carroll's property. She
stated that they were unaware that the property had been rezoned until they had
applied for a building permit.
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
does herein refer the request for removal of deed restrictions on the property of
Charles Carroll'to the Committee on Human Resources for study, recommendation and
• 1 action if necessary; and
BE IT FURTHER RESOLVED, that Mrs. Carroll shall be notified within 30 days
of this committees action.
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;
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 1972
Ford Pick -Up previously used by the Game Warden be given to the School Board for
their use.
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.
• AUTHORITY GRANTED TO SHAWNEE LAND TO CONSTRUCT A 400,000 GAL. PER DAY ADVANCED
WASTE TREATMENT FACILITY DISCHARGING INTO BUCHER RUN
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, by the Frederick County Board of Supervisors that this
Board does hereby grant authority to Shawnee Land to construct a 400,000 gallon
per day advanced waste treatment facility discharging into-Bucher Run, said granted
authority being only a permit to construct said plant in accordance'with State
Water Control Board Regulation Number 3 and in accordance with all local, state,
and federal laws, statutes, ordinances, rules, and regulations; additional approval
• under State Water Control Board regulation number 3 regarding subdivision of
land to be considered at a future-date in accordance with County regulations.
The above resolution was passed-by the following recorded•tvote:: Raymond
C. Sandy, Aye; J. Robert•Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson,
Aye; and Richard F. Madigan, Aye.
LAND - OPTIONS - 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
does herein approve the payment of $500 to Charles D. Whitacre Ck #6278 and $500
to Sandy Estates Ck. #6279 for the execution of two separate land options for
park property.
0
The above resolution was passed by the following recorded vote: Donald
and Richard
F. Madigan, Aye.
'
CONSIDERATION OF
BIDS - COUNTY VEHICLE
Mr.
Renalds stated that the
highest received on the 1972 Ford Pick -Up
• •
previously
used by the Warden was $1450. The Board felt this amount was not
sufficient
and therefore all bids were refused. The Board further decided to give
the vehicle
to the School Board for
their use.
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 1972
Ford Pick -Up previously used by the Game Warden be given to the School Board for
their use.
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.
• AUTHORITY GRANTED TO SHAWNEE LAND TO CONSTRUCT A 400,000 GAL. PER DAY ADVANCED
WASTE TREATMENT FACILITY DISCHARGING INTO BUCHER RUN
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, by the Frederick County Board of Supervisors that this
Board does hereby grant authority to Shawnee Land to construct a 400,000 gallon
per day advanced waste treatment facility discharging into-Bucher Run, said granted
authority being only a permit to construct said plant in accordance'with State
Water Control Board Regulation Number 3 and in accordance with all local, state,
and federal laws, statutes, ordinances, rules, and regulations; additional approval
• under State Water Control Board regulation number 3 regarding subdivision of
land to be considered at a future-date in accordance with County regulations.
The above resolution was passed-by the following recorded•tvote:: Raymond
C. Sandy, Aye; J. Robert•Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson,
Aye; and Richard F. Madigan, Aye.
LAND - OPTIONS - 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
does herein approve the payment of $500 to Charles D. Whitacre Ck #6278 and $500
to Sandy Estates Ck. #6279 for the execution of two separate land options for
park property.
0
The above resolution was passed by the following recorded vote: Donald
18
4 II R. Hodgson, Aye; Richard F.. Madigan, Aye; J. Robert Russell, Aye; Raymond C. Sandy
Abstaining and Dennis T. Cole, Abstaining.
SUPPLEMENTAL APPROPRIATION - PARK POLICEMAN-PARKS'AND RECREATION DEPARTMENT- I
APPROVED:
Upon motion made 6y J Robert Russell and seconded by Dennis T. Cole.
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve a supplemental appropriation in the amount of $1,600
to cover the additional cost of employment of a park policeman for the Parks and
Recreation Department pursuant to regulations set forth in the federal wage and
hour laws.
•
The
above resolution was passed
by
the following recorded vote:
Raymond II
Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson,
Aye; and Richard F. Madigan, Aye.
BUILDING PERMIT MORATORIUM - RETAINED
Flourney Largent appeared before the Board and stated that a lot
of people had been affected by this moratorium and that if the Board was retaining
the moratorium because additional information was needed he had no quarrel with
this, but of sufficient information was available and the Board was still re-
fraining from making a decision, it was being very unfair to a lot of people.
Largent further stated that he felt the Board had received sufficient
information from the State Water Control Board and that a decision should be made
at this time. Mr. Largent introduced Mr. Paul Bengstrom, a certified engineer,
who presented a report to the Board relative to his investigation of the Wincheste
Sewage Treatment Plant.
There was lengthy discussion relative to the question of whether the
Winchester Sewage Treatment Plant was operating at capacity.
Upon motion made by Donald R. Hodgson and seconded by Richard F
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick
does herein direct that the moratorium on building permits, enacted by the Board
on June 12, 1974, be retained and a decision on the matter be carried forward
until the next meeting of this Board on August 14, 1974.
The above resolution was passed by the following recorded vote:
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.
lJ
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•
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