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Home My WebLink AboutAugust 14, 1974 to September 25, 197419 0 At a Regular Meeting of the Board of Supervisors of the County of Frederick Virginia held on the 14th day of August, 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. APPROVAL OF MINUTES 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 • does herein approve the minutes of the Regular Meeting of this Board held on May 8,'1974. 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 ' Mr. King appeared before in the Highway Department budget the that Board and reported that there was a surplus being carried forward into the 1974 -75 was budget in the amount of $72,000. Mr. King presented the Highway Department Second- • ary Budget for 1974 -75 for review by the Board. SUPPLEMENTAL APPROPRIATION - CLERKS OFFICE - APPROVED Mr. Whitacre appeared before the Board and asked that a supplemental appropriation be made for the purchase of filing cabinets for the Clerk's Office. 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 supplemental appropriation in the amount of $1,500.00, to account No. 19 -004A -403, said amount to be used for the purchase of files for the office of the Clerk of the Circuit Court. • 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 AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1 1973, TO REZONE 3.6258 ACRES, MORE OR LESS,OF DAVID R. AND MARGARET V. SOPER - IN BACK CREEK MAGISTERIAL DISTRICT - APPROVED Upon motion made by Richard F. Madigan and seconded by-J. Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the following ordinance on first and second reading. AN ORDINANCE TO AMEND THE FREDERICK COUNTY • ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 3.6258 ACRES, MORE OR LESS, OF DAVID R. AND MARGARET V. SOPER, LOCATED ON THE SOUTH SIDE OF ROUTE 50 WEST, APPROXIMATELY 3/10 MILES WEST OF INTERSECTION WITH ROUTE 654, IN BACK CREEK MAGISTERIAL DISTRICT: FROM AGRI- CULTURAL, GENERAL (A -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. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 0 Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, -- J°- - - - - - - - 20 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 '. ZONINC,+.•.ORDINA.NC&-- ADOPTED - - NOVEMBER- �•1-,--- 1.9.7.3 TO REZONE 203.790 ACRES, MORE OR LESS, OF JOSEPH O. AND'CHRISTINE P: HUTCHINSON, LOCATED , EAST OF ROUTE 522 SOUTH, FRONTING APPROXIMATELY 2000 FEET ON ROUTE 643 AND 550 FEET ON ROUTE 646, AND BOUNDED BY WRIGHTS RUN, IN SHAWNEE MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTIAL, LIMITED (R -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, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Aye; and Richard F. Madigan, Aye. APPROVAL OF BILLS Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve bills incurred during the month of July, 1974, in the ' amount of $171,256.18 and does order the same to be paid by Warrants #06376 through #06650. ' 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 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 July, 1974 in the amount of $57,643.55 and does order the same to be paid by Warrants, #06280 through #06375. 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. • Aye; and Richard F. Madigan, DOG WARDEN REPORT AND CLAIMS - HENRY CLINE - AND ALFRED NEFF APPROVED Upon motion made by Dennis T. Cole and seconded by Richard Madigan, , BE IT RESOLVED, That the Board of Supervisors= of the County of Frederick, Virginia, does herein approve the claim for livestock kill of Henry Cline in Stonewall)Magisterial District for one registered calf in the amount of $75.00 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. • 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 Alfred Neff of Back Creek Magisterial District for six laying hens and nine chickens in the amount of $12.00 for hens and $9.00 for chickens. 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. SUGGESTION FOR EXPANSION OF NON CONFORMING USES IN AGRICULTURAL DISTRICTS UP TO 50% - REFERRED TO PLANNING COMMISSION FOR STUDY 21 Mr. Cole suggested amending the zoning ordinance to provide for the ex- pansion of a non - conforming use in an agricultural district so that farmers might u expand up to.508 as business is allowed to do under the zoning ordinance. ' q p 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 refer to the Planning Commission for study and recommendation the question of permitting expansion of non - conforming uses in agricultural dis- tricts up to 508. 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, Frederick, Aye. Mr: Madigan was absent from the room at the time of this vote. APPLICATION - STEWART BELL - BUILDING PERMIT - 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, Virginia does herein approve the application of Stewart Bell for a building permit for the construction of a 26' x 78' Farm Machinery Storage Building located on Rou 622, in Back Creek Magisterial District, and zoned Residential, limited (R -2), in- asmuch as the construction of Route 37 has taken an existing storage building simi • to the one being applied for. 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 Department Heads reports were accepted. CONSTITUTIONAL OFFICERS REPORTS - ACCEPTED After review the reports of the Constitutional Officers were accepted. PUBLIC HEARINGS • AN ORDINANCE TO REZONE 52.00 ACRES OF CARLIN L. SMITH, GEORGIA E. SMITH, AND LESTER A. ELLIOTT- THIRD AND FINAL READING APPROVED Mr. Ben Butler appeared before the Board on behalf of the petitioners and stated that the application is from R -3 to R -6 for multi - family and the acreage had been reduced from 83.00 to 52.00 acres, inasmuch as the Planning Commission had felt 83 acres was too °large an area for multi - family and to accomodate the future historic preservation-of Star Fort. There was no opposition to this rezoning. AN ORDINANCE TO AMEND THE FREDERICK COUNTY , ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 52.00 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 1 C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R..Hodgson, Aye; and Richard-F. Madigan, Aye. I 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 approve the following ordinance-on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY , ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 52.00 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 1 C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R..Hodgson, Aye; and Richard-F. Madigan, Aye. I 22 AN TO AMEND Mr. Moss appeared before the Board on behalf of Lake Holiday Estates and I stated that this was a routine expansion. Mr. Cole asked how many acres had already been rezoned R -5 for The Summit and Mr. Moss stated he did not know, but thought it was approximately 1600 acres plus the 275 acres he was requesting tonight. Of this amount Mr. Moss stated only 52 acres is newly acquired property. There was no opposition to this - rezoning. 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 third and final 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, J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; • and Richard!F. Madigan, Aye. AN.ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1 1973 TO ADD SECTIONS 2 -1 -23, 3 -1 -25, 12 -1 -22, 13 -1 -27 AND SECTIONS 9 -1 -11, 10 -1 -26, 12 -1 -21, 13' -1 -26 THIRD AND FINAL READING APPROVED There was no opposition to this amendment. 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 approve on Third and Final reading the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO ADD: 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 STRUC- TURE 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 OCCU- PATIONS EXCLUDED 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. ZONE 5.00 ACRES. MORE OR LESS OF LANNY FUCIF Mr. Snyder appeared before the Board and stated that the building he wanted to construct on the 5 acre tract was for a warehouse and garage for heavy equipment and that this 5 acre tract.is located East of Caldwell Lane, South of Papermill Road and behind Russell Roofing in Back Creek Magisterial District. He presented a petition signed by the six landowners surrounding his property setting forth no objection to this rezoning. E • 7 7 Mr..Madigan stated.that the Planning Commission'had found that this property had not been approved for a septic system. ' Mr. Russell stated that he did not know enough-about this property to vote on the issue and would prefer to table it for further. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED,.By the Frederick County Board of Supervisors that the ordinance is tabled until the next regular meeting of this Board on the 28th day of August, 1974, so that the Board might further study this site: 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 APPROXIMATELY 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 -2) TO IN- DUSTRIAL, 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. SANITATION AUTHORITY - REQUEST FOR LOAN FUNDS - APPROVED Mr. Sandy presented the request for loan from the Sanitation Authority. • Mr. Hodgson moved to approve the entire request presented by the Frederick County Sanitation Authority for loan funds in the amount of $77,657'.92. Mr. Cole seconded this motion and then moved to amend the motion in order that the-request relative to the Kernstown Project could be voted upon separately. Mr. Hodgson f seconded Mr. Cole's amendment. The amendment was approved by the following re- corded vote: Ryamond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye Dennis T. Cole, Aye; and Richard F. Madigan, Nay. Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that a loan in the amount of $62,106.11 is hereby authorized to the Frederick Cou • Sanitation Authority. BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended from budget code 10 -01OH -902 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 as approved by this Board at a regular meeting held on April 12, 1872, and is subject to the terms so established on that date. The expenditure breakdown for this loan is as follows: 1. Engineering Services 2. Red Bud Run Drainage • Construction Equipment 3. Red Bud Run Drainage Construction Total - - - - - - - - - Abrams Creek Project $41,119.02 Area Project No. 1 2,585.00 1,181.31 Area Project No 2 17,219.79 -- - - - - - - - - - 62,106.11 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. Madigan, Nay. Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, ' BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that a loan in the amount of $15,551.81:is hereby authorized to the Frederick County Sanitation Authority. BE IT FURTHER RESOLVED, That said funds are herein authorized to be ex- pended from budget code 10 -OIOH -902 of the General Fund and that this -loan is a part of and not an addition to the approved loans to the Frederick County Sanitatio Authority as approved by this Board at a regular meeting held on April 12, 1972 and ' is subject to the terms so established on that date. The expenditure breakdown for this loan is as follows: 1. Kernstown Sewerage Project - Final Design Bill $15,551.81 The above resolution was passed by the following recorded-vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; and Donald R. Hodgson, Aye; and Richard F. Madigan, Nay and Dennis T. Cole, Nay. SUBDIVISIONS II • LAKE HOLIDAY ESTATES - SECTIONS 10 & 11 - FINAL PLAT APPROVED Mr. William A. Johnson appeared before the Board on behalf of Lake Holiday and stated that the application is for the purpose of expansion into adjoining land He stated that the developer had given a corporate bond and.set aside letter to insure facilities in these sections. There was discussion as to whether or not a surety bond should be requested from Lake Holiday Estates, with Mr. Cole stating that he felt the Board should , require a surety bond. -Mr. Johnson stated that he did not feel the statutes permit the Board to • make this requirement inasmuch as the amenities in the development would not be dedicated for public use. 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 final plat of Lake Holiday Estates, Sections 10 & 11 located in Gainesboro Magisterial District and does herein direct the chairman of the Board of Supervisors and the County Administrator to sign said plat. .The above resolution was passed by the following recorded vote: J. Robert Russell, Aye; Richard F. Madigan, Aye and Donald R. Hodgson, Aye; Dennis T. Cole, • Nay and Raymond C. Sandy, Nay. ! Mr. Cole presented a letter from Commonwealth Attorney, Lawrence Ambrogi, , relative to this question. 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 direct that the following letter from Commonwealth Attorney, Lawrence Ambrogi, be accepted as a part of the official minutes of this board: August 14, 1974. The Honorable Board of Supervisors • County of Frederick 9 Court Square Winchester, Virginia 22601 Re': Lake Holiday Estates - Final Plats - Sections 10 & 11 Gentlemen: The above - captioned subdivision plats are being presented along with a request by Lake Holiday Estates to submit a corporate bond and a set -aside letter from Inde- pendent Mortgage Trust in lieu of a performance bond issued by a surety company. It would be my opinion that the Frederick County Board of Supervisors would be ' taking a great risk in accepting this type of bond from this corporation in light of previous information submitted to and obtained by the Board and this office. Therefore, I would strongly recommend that the Board of Supervisors require a per- formance bond from a surety company on all physical improvements within these two subdivisions. Sincerely yours, /S/ Lawrence R. Ambrogi- Lawerence R. Ambrogi, Commonwealth Attorney for LRA /acr Frederick County, Virginia 25 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. r RUSSELL'S PARADISE - PLAT REVISION - 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 does herein approve the Plat Revision of Russell's Paradise consisting of 21 lots and located in Stonewall Magisterial District, dated July 22, 1974. • The above resolution was passed by the following recorded bote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. TEETS- MILLER LOTS - PLAT REVISION - APPROVED 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. SITE PLAN AND CONDITIONAL USE PERMIT - SPECTRUM-PROPERTIES - APPROVED Mr. Berg presented the site plan of Spectrum Properties and stated that this site plan also includes a Conditional Use Permit for Waste Reduction, Inc. for construction of a resource recovery plant with a main building 104' x 210' an • office building-60' x 30' and a scale house building located at Route 50 East and Route 728 intersection in Shawnee Magisterial District. 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 approve the site plan of Spectrum Properties and a conditional use permit for Waste Reduction, Inc. located at Route 50 East and 728 intersection in Shawnee Magisterial District with the following restrictions: 1. There shall be no dumping or open stockpiling of appliances, machinery, 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 materials. 3. No nuisances shall be permitted or maintained on said property. is '..: 3; r 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 approve the Plat Revision of Teets - Miller lots located in Stonewall • Magisterial District, dated September 7, 1973. 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. SITE PLAN AND CONDITIONAL USE PERMIT - SPECTRUM-PROPERTIES - APPROVED Mr. Berg presented the site plan of Spectrum Properties and stated that this site plan also includes a Conditional Use Permit for Waste Reduction, Inc. for construction of a resource recovery plant with a main building 104' x 210' an • office building-60' x 30' and a scale house building located at Route 50 East and Route 728 intersection in Shawnee Magisterial District. 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 approve the site plan of Spectrum Properties and a conditional use permit for Waste Reduction, Inc. located at Route 50 East and 728 intersection in Shawnee Magisterial District with the following restrictions: 1. There shall be no dumping or open stockpiling of appliances, machinery, 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 materials. 3. No nuisances shall be permitted or maintained on said property. is '..: 3; r T T •t L r CONDITIONAL USE PERMIT'- 'DELMAR BAYLISS - APPROVED 1 '. Mr. Berg presented this application for conditional use permit and state that Mr. Delmar Bayliss is applying for permission to erect a 4' x 8' sign show- ing directions to and advertising Heritage Hills Subdivision, and that the locat is 75 feet East of the entrance to Rolling Fields on the North side of Route 657 (Senseny Road) in Shawnee Magisterial District.. does herein approve the Conditional Use Permit of Delmar Bayliss for the erection of a 4' x 8' foot sign showing directions to and advertising Heritage Hills Sub- division located in Shawnee Magisterial District. C. Sandy, Aye; Dennis T. Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. , CONDITIONAL USE PERMIT - BETTY WILLIAMS - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, does herein approve the Conditional Use Permit of Betty Williams to operate a bookkeeping service in her home located in Stonewall Magisterial District. C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. CONDITIONAL USE PERMITS 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 • The above resolution was passed by the following recorded vote: Raymond BE IT RESOLVED, That the Board of Supervisors of-the County of Frederick The above resolution was passed by the following recorded vote: Raymond AMENDMENT TO M -1 ZONING DISTRICTS OF THE FREDERICK COUNTY ZONING :A» 341V DI DI The statements of intent were read of the M -1 and M -2 Zoning Districts. • The recommendation of the Planning Commission was read wherein the P Commission recommended that the M -1 amendments be made so that both M -1-and M -2 would have similar area and yard regulations. Mr. Cole stated that he did not agree with this because they were en- tirely different categories. He stated that he felt the yard requirements should be reduced to 50 feet in the M -1 District inasmuch as this district is compatible with residential zoning. Mr. Madigan stated that the Planning .Commission felt that perhaps there should be more than two industrial districts inasmuch as.there are so many var- iations of business governed by the industrial zoning districts. 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 amend section 12 -3 and 12 -5 of the Frederick County Zoning Ordinance to read as follows: 12 -3 AREA REGULATIONS For permitted used utilizing individual sewage disposal 'systems. the required area for any such use shall be approved by the Health Official. i • 27 E S ':: • 12 -3 -1 Maximum total floor area shall not exceed .40 times the area of the lot. 12 -5 YARD REGULATIONS ~ 12 -5 -1 No building shall-be erected closer than fifty,(50).feet to any street, road or highway right -of -way. No off - street parking or loading space shall be.permitted within twenty -five (25) feet of any street, road or highway right -of -way. 12 -5 -2 No portion of any building shall be erected closer than fifty (50) feet to any residential or agricultural district boundary; twenty - five (25) feet for all other districts (except where such boundary is a railroad right -of -way or spur) and no off - street parking or loading space shall be,closer than fifty (50) feet to any resident- ial or agricultural district boundary, Off- street parking shall be provided in accordance with Section 18 -5. 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, Nay. REQUEST FOR SPECIAL LEGISLATION - HISTORIC PRESERVATION Mr.'Renalds stated that the Planning Commission has requested the Board of • Supervisors to request an amendment to Section 15.1 -503.2 of the Code of Virginia include Frederick County in order to grant enabling authority to the County to establish historic district's. for the preservation of historic sites. 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 request that Frederick County be included under the legislation con- tained in Section 15.1 - 503.2, Code of Virginia (1950) as amended, which is en- titled "Preservation of Historical Sites in Certain Counties ". The above resolution was passed by the following recorded vote: Raymond 1J C. Sandy, Aye; Dennis T. Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. TO AMEND SECTIONS 4 -32- COUNTY DIVISION OF. Mr. Madigan read a memorandum from the Department of Planning and Develop- ment relative to the problem of Subdivisions in A -2 areas. Mr. Cole stated he'did not agree with the proposed amendment in that it was too restrictive on persons owning large tracts of land with road frontage in an A -2 District. , BE IT RESOLVED, That the Board of Supervisors of the County of Frederick. • Subdivision of land into three (3) or more residential building lots is not permitted in agricultural zoning districts. The above resolution was passed by the following recorded vote: Raymond Virginia does herein enact emergency legislation in accordance with Section 15. of the Code of Virginia'(1950) as amended for the adoption of a amendment to Section 4 -32 -3 of the Frederick County Division of Land Ordinance as follows: 4 -32 -3. RESTRICTION: C. Sandy, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Nay and Dennis T. Cole, Nay. CONDITIONAL USE PERMITS /MOBILE HOME PERMITS - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Upon motion made by J. Robert Russell'and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County. of Frederick, Virginia does herein approve the following Conditional Use Permits in Gainesboro Magisterial District: 2s. 28 (a) Roger Beswick (b) Roger Bain (c) Linwood DeHaven (d) Boyd DeHaven (e) Harold Hackler (f) Donald McFarland 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. ITIONAL USE ILE HOME PERMIT - LOMA WHITACRE - SHAWNEE DISTRICT- 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 does herein approve the Conditional Use Permit of Loma Whitacre for a trailer permit in Shawnee Magisterial District. 11 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 CONDEMNATION - CHARLES H. GRIM - APPROVED • Mr. Renalds presented the resolution and read the same in full. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia, 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 Ad= ministrator, on behalf of the Board of Supervisors of Frederick County, as the governing 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 j ounty will compensate the'said Charles H. Grim in the amount of Five Hundred Dollars ($500.00) for the taking of the aforesaid property,ll 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' 58" W- 209.29 feet to a point in the boundary line between the lands of'Charles H. Grim and Vernon and Anna- belle Franklin; thence S 64 04 W - 79.40 feet along the Grim- • Franklin line to a second point in said line; thence N 14 58' 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. JOHN PICKERAL ADDRESSES BOARD Mr. John Pickeral appeared before the Board representing a group of citizens and requested that the Board appeal the court decision of the Manuel Sub- division. Mr. Pickeral stated that he had a statement that he would like to present to the Board at this time. Mr. Sandy stated that the Board would be going into Executive Session and the statement could be presented at that time. r REQUEST FOR THE PURCHASE OF BUSES 1975 -76 - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, By the Frederick'County'Board of Supervisors that the Frederick County School Board is hereby authorized to place an order for six (6) school buses for the 1975 -1976 fiscal year. The above resolution was passed by the following recorded vote: Raymond • C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REQUEST FOR FUNDING - VIRGINIA ASSOCIATION OF COUNTIES - TABLED Mr. Renalds presented a request from the Virginia Association of Countie i s for funding to implement the recommendation of the steering committee to study the rates charged by VEPCO for public utilities. The Board agreed to take this request under consideration. DENNIS T. COLE APPOINTED TO NORTHERN VIRGINIA REGIONAL MANPOWER PLANNING COUNCIL Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick Virginia does herein appoint Dennis T. Cole to serve on the Northern Virginia Regional Manpower Planning Council as Frederick County's elected official on said Board. 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 SESSIO Upon motion by Richard F. Madigan, seconded by J. Robert Russell and 1 J approved unanimously.the Board retired into Executive Session, to discuss legal matters and the building permit moratorium. Upon motion made by Richard F. Madigan, and seconded.by J. Robert Russell and passed unanimously the Board withdrew form Executive Session. Upon motion made by Richard F. Madigan seconded by Dennis T. Cole and passed unanimously the Board reconvened into Regular Session. ATTORNEY AUTHORIZED TO RESEARCH THE POSSIBILITY OF APPEALING COURT 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 • search the possibility of appealing the decision rendered by Judge Marshall relati Virginia does herein authorize Commonwealth Attorney, Lawrence Ambrogi, to re- to the Manuel Subdivision. The above resolution was passed by the following recorded vote: Raymond 1 C. Sandy, Aye; J. Robert: Russell, Aye; Richard F. Madigan, Aye; Dennis T. Cole, Nay; and Donald R. Hodgson, Abstaining. BUILDING PERMIT MORATORIUM - RECINDED trict, had experienced problems of odor and he hoped the City would continue to Mr. Russell stated that he felt the people, especially in Shawnee.Dis- work on a solution to this problem. IJ Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, 30 BE IT RESOLVED, That the Board of Supervisors.of - the County of Frederick, Virginia does herein rescind.this Board's previous action of June 12, 1974 where- by an order was entered that no further'building permits would be issued in pre- viously approved subdivisions until such-time as the State Water Control - Board certifies that sewage facilities in the County are. capable of accepting additional connections. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye, and Donald R. Hodgson, Nay. Cole, Aye; Richard F. Madigan, Aye; UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. L J At the Regular Meeting of the Board of Supervisors of the County of Freder Virginia, held on the 28th day of August, 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. RESIDENTS - FREDERICKTOWNE SUBDIVISION REQUEST FOR STREET - LIGHTING Mrs. Kathy Nepple appeared before the Board representing a delegation of residents of the Fredericktowne Subdivision. She stated that the residents were requesting the installation of street lights in the subdivision.in accordance with the County Street Lighting Ordinance inasmuch as the residents-are experienc- ing an increase in crime in the subdivision. Mr. Sandy stated that he understood why the residents would like to have street lights inasmuch as he knew lighting was a great deterrent to crime. He explained that perhaps the best method of payment for this service would be through tax assessment. Mr. Renalds presented a brief resume of the County Street - lighting Ordinance and several facts and figures obtained from the power company, explaining the method of installation and the approximate cost-of this service to the residents. He stated that the difficulty experienced in the past was in the method of assess- ment of this service to the residents. He stressed the importance of establishing guidelines in the first subdivision where street lights are installed. Mr. Cole stated that he felt this matter should be worked out between the supervisor for that district, the county staff, and the residents of the sub- division. A petition and report of the crime experienced in the subdivision was pre- sented to the Board by the delegation of residents. , L • V� 31 g$4$ Mr. Renalds stated that he -felt a petition of 2 /3'of the residents would L be necessary so that the residents would be aware of what the servide would cost and their desire to have it installed. Mrs. Nepple'stated that the residents wanted illumination and not the lighting which would present a big city effect. 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 direct that Mr. Sandy, supervisor for Opequon District and members of the county administration meet with the residents of Fredericktowne 1 Subdivision to ascertain the type of streetlighting they desire and the method by which they desire to finance the same. 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. I 1 BEN BELL COMPANY - REQUEST FOR WATER & SEWER PERMIT - APPROVED Mr. Herny Whiting appeared before the Board representing Mr. Bell in his request for a water and sewer permit. He stated that Mr. Bell's request had been tabled at a previous meeting pending information from the State Water Control Board that the Winchester plant had the capacity to accept additional connections. He further stated that Mr.'Bell needed the water and sewer permit and building per- mits in order to bind his financial committments. Mr. Sandy asked the approximate date the development would be on stream and Mr. Bell answered approximately one year and maybe longer. Mr. Renalds stated that he did not feel the project should be permitted to connect onto the city system until the upgrading of the plant is completed. 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, E Virginia does herein approve the water and sewer permit of Ben Bell Company, said approval to be subject to the completion of the upgrading of the Winchester Sewage Treatment Plant. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye;.Richard F. Madigan, Aye and Donald R. Hodgson, Nay. Mr. Whiting asked if Mr. Bell would be requested to pay the building permit fee again and Mr. Sandy stated that inasmuch as the fee had been paid the first n U time it would not be charged again. RESOLUTION RESCINDING ALBIN ACRES ROAD ADDITION REQUEST - APPROVED Mr. Renalds stated that the request for road addition which had been passed at the meeting of July 24, 1974, should be rescinded inasmuch as the Highway ment has advised that this road does not serve the required number of dwellings to be accepted into the system. 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 hereby rescind its action of July 24, 1974 wherein a request was made to 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 1030 feet south of said intersection, a distance of approximately 1030 lin feet, due to the lack of sufficient public service-by this particular road as're- quired by 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. PUBLIC HEARINGS ORDINANCES - THIRD AND FINAL READING AN ORDINANCE TO REZONE 3.6258 ACRES OF DAVID R. SOPER, ET UX - BACK CREEK Mr. Joseph Massie appeared before the Board representing Andrews Construction Company and the owners of the property, Mr. and Mrs. Soper.. Mr. Massie presented a brief resume of the development of the property by Mr. Andrews. He pointed out the commercial uses of the property around this site stating that there are three sales offices for mobile homes, a beauty parlor, a motel and.various,other businesses along this highway. He presented a plat of the property showing the location and stated that there is at the present time a one story cabin erected on the property. He stated that Mr. Andrews had obtained a building permit for the erection of this building and inasmuch as sales offices are not permitted in the A -2 District he was applying for a rezoning to B -1. There was discussion as to whether or not the building erected on the property was in violation of the setback regulations and it was concluded that the building was approximately five feet off. Mr. Cole stated that the property across the road is zoned B -2 and is in- tended for commercial use. zoned before constructing the building on the property. Mr. Hodgson stated that he felt Mr. Andrews should have had the property re- Mr. Soper appeared before the Board and stated that he operates an electric service business from his home on the property adjoining the land to be rezoned. He further stated that he intends to apply for rezoning of his property in the near future for commercial use in order to expand his business. There was no opposition to this rezoning application. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Superfisors 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-NOVEM13ER.1' - 19 +7.3 ; ;•-TO'_ REZONE ••.3-.'6258- ACRES-;' OR LESS, OF DAVID R. AND MARGARET V. SOPER, LOCATED ON THE SOUTH SIDE OF ROUTE 50 WEST, APPROXIMATELY 3/10 MILES WEST OF INTERSECTION WITH ROUTE 654, IN BACK CREEK MAGISTERIAL DIS- TRICT; FROM AGRICULTURAL, GENERAL (A -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;.Richard F. Madigan, Aye; and Donald R. Hodgson, Nay. r- • I u is F_ I L AN ORDINANCE TO -REZONE 203.790 ACRES OF JOSEPH 0. AND CHRISTINE P. HUTCHINSON SHAWNEE MAGISTERIAL DISTRICT - DENIED ME There was no one present to represent the applicant on this rezoning app- lication: ' Mr. Madigan reported that the Planning Commission felt that central water and sewer would be needed for this development and would not be available until approximately 1985. There was no opposition to this rezoning application, 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 does herein deny the following ordinance, on third and final reading due to the • lack of health facilities in that central water and sewer are needed and not avail - aable and it is in a flood plain and not suitable for development: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 203.790 ACRES, MORE OR LESS, OF JOSEPH O. AND CHRISTINE P. HUTCHINSON, LOCATED EAST OF ROUTE-522 SOUTH, FRONTING APPROXIMATELY 2000 FEET ON ROUTE 643 AND 550 FEET ON ROUTE 646, AND BOUNDED BY WRIGHTS RUN, IN SHAWNEE MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTIAL, LIMITED (R -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. • AN ORDINANCE TO REZONE 5.00 ACRES OF LANNY EUGENE SNYDER - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Lanny Snyder appeared before the Board in support of his rezoning application; Mr. Sandy stated that this application had been tabled in-order that the property might be inspected by members of +the Board. Mr. Madigan stated that this rezoning would create a trend in the area and it would be creating a small industrial complex. He stated that he felt the quest- ion was whether or not this area should : - jo industrial or remain residential and further the Board should consider carefully screening and under cover operation of the business. • Mr. Cole stated that he felt the Board should consider the fact that this property had been rezoned without notification to the property owner and further that there is a large dairy farm in the area and the property is zoned R -2. Mr. Russell stated that he had visited the property and had observed Mr. Dorset Russell's business which appears to be similar to the operation Mr. Snyder intends to operate. He described the condition of Mr. Russell's property and stated that he was concerned about this type of thing, such as trucks parked behind the building, tires lying around, etc. He further stated that he did not think • the individuals understood the rezoning of their property and that Mr. Snyder had purchased the property with the intention of building his garage. He suggested that perhaps the property could be reduced down or the operation kept under cover screened. Mr. Cole pointed out that the industrial park-south of Winchester was in close proximity to a residential development and worked out very well. Mr. Sandy asked if restrictions could be put on the rezoning and Mr. I, Renalds stated that he would suggest putting the restrictions on the conditional b use permit. 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, > I� Virginia-, does herein approve the following ordinance on third and final reading, with the stipulation that restrictions.set.by this.Board be incorporated on the conditional use permit for this operation: 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 APPROXIMATELY 1 /.10 MILES SOUTHEAST OF CALDWELL LANE AND 2 /10.MILE SOUTHEAST OF ROUTE 644 (PAPER MILL ROAD) IN BACK CREEK MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -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. • AN ORDINANCE TO'AMEND THE FREDERICK COUNTY BUILDING CODE ORDINANCE - FIRST AND SECOND READING - APPROVED Mr. Sandy introduced the amendment to the Building Code Ordinance on first and second reading. 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 first and second reading the following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED MAY 10, 1972, PROVIDING FOR FIRE LIMITS, AND REGULATIONS GOVERNING THE CONSTRUCTION, ALTERATION, REMOVAL, DEMOLITION, EQUIPMENT, USE AND OCCUPANCY, LOCATION AND MAINTENANCE OF BUILDINGS AND STRUCTURES IN THE COUNTY OF FREDERICK, VIRGINIA. 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 AMEND THE FREDERICK COUNTY BUILDING ORDINANCE ADOPTED -BY EMERGENCY LEGISLATION kr.'Renalds stated that this ordinance should passed by emergency leg- islation at this meeting since the County's one year extension to use the National Building Code will expire on August 31, 1974. 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, M Virginia,-does herein enact emergency legislation, in accordance with Section 15.1 -504 of the Code of Virginia (1950). as amended, for the adoption of the following ordinance, said ordinance to become effective at 12:01 A.M. on September 1, 1974: AN ORDINANCE TO AMEND AN ORDINANCE PASSED MAY 10, 1972, PROVIDING FOR FIRE - LIMITS, AND REGULATIONS GOVERNING THE CONSTRUCTION, ALTERATION, REMOVAL, DEMOLITION, EQUIPMENT, USE AND OCCUPANCY, LOCATION AND MAINTENANCE OF BUILDINGS AND STRUCTURES IN THE COUNTY OF FREDERICK, VIRGINIA. 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 - DOLPHIN, LOCKHART, SPAID, SHIRLEY AND DERRY - '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 approve the following conditional use permits for mobile home permits: L� E ., n M 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 IN SUPPORT OF PRESIDENT GERALD R. FORD - 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 this local governing body does hereby pledge its support to the 38th President of the United States of America, President Gerald R. Ford; and, BE IT FURTHER RESOLVED, That President Ford proceed with all haste and effort to reunite this great nation by addressing the critical agenda of America's business. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;- J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson; Aye; and Richard F.' Madigan, Aye. • REQUEST FOR PLUMBING PERMIT REFUND - SHOWERS PLUMBING AND HEATING- 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 approve a refund in the amount of $58.00 to Showers'Plumbing and Heating, Front Royal, Virginia for the erroneous purchase of plumbing permits. 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; • N and Richard F. Madigan, Aye; MOBILE HOME PERMIT - BOBBY FRYE - TABLED TO NEXT REGULAR MEETING Mr. Frye appeared before the Board and stated that•his'builder had obtained a building permit for a modular home and then was informed that he needed a mobile home permit. Mr. Russell stated that the trailer is already on the property and he did not approve of this procedure. He stated that he felt strongly that the permit ' for the mobile home should have been obtained'before the trailer was located'on the property. 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, rginia, does herein table the application for mobile home permit of Bobby Frye 1. Evertt N. Dolphin - Back Creek District 2. Paul M. Lockhart - Back Creek District 3. Richard Spaid - Back Creek District 4. Harry L. Shirley - Gainesboro District ' 5. Mitchell E. Derry - Shawnee 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 - PICNIC SHELTER- CLEARBROOK PARK - 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, • for the fiscal Virginia does herein approve a supplemental appropriation year end- ing 6/30/75 in the amount of $1,200.00 to General Operating Fund code 19- 18F1 -601C for the purpose of constructing a picnic shelter at Clearbrook Park with funds donated.by Rubbermaid Commercial Products, Inc. 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 IN SUPPORT OF PRESIDENT GERALD R. FORD - 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 this local governing body does hereby pledge its support to the 38th President of the United States of America, President Gerald R. Ford; and, BE IT FURTHER RESOLVED, That President Ford proceed with all haste and effort to reunite this great nation by addressing the critical agenda of America's business. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;- J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson; Aye; and Richard F.' Madigan, Aye. • REQUEST FOR PLUMBING PERMIT REFUND - SHOWERS PLUMBING AND HEATING- 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 approve a refund in the amount of $58.00 to Showers'Plumbing and Heating, Front Royal, Virginia for the erroneous purchase of plumbing permits. 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; • N and Richard F. Madigan, Aye; MOBILE HOME PERMIT - BOBBY FRYE - TABLED TO NEXT REGULAR MEETING Mr. Frye appeared before the Board and stated that•his'builder had obtained a building permit for a modular home and then was informed that he needed a mobile home permit. Mr. Russell stated that the trailer is already on the property and he did not approve of this procedure. He stated that he felt strongly that the permit ' for the mobile home should have been obtained'before the trailer was located'on the property. 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, rginia, does herein table the application for mobile home permit of Bobby Frye ai : until the .next regular meeting of this'BOard, in order that'the Gainesboro super- visor might inspect the site. 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; Richard F. Madigan, Aye. REFUND.- STATE DEPARTMENT OF EDUCATION - 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 a refund in the amount of $5,186.00 to the Virginia State Department Education is hereby authorized; said refund being a result of the Frederick County School Division receiving more sales tax revenues than were anticipated during the fiscal year 1973 -1974. 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. Madigan, Aye. REQUEST TO INSTALL SUBSURFACE SAND FILTER - BON AIR HOME - 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 approve the request of Mr. Thomas Conrad, Administrator of Bon Air Nursing Home in Stephens City, for the installation of a sub - surface sand filter in said Bon Air Home in accordance with all rules and regulations of the Virginia State Department of Health and the Virginia State Water Control Board. The above resolution was passed by the following recorded vote: Raymond C Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. HIGHWAY DEPARTMENT REQUEST TO INSTALL CHAIN ACROSS ROUTE 846 - 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 request of the Highway Department to install a chain across State Route 846 leading to the former county solid waste container site and does herein direct that the landowner affected by this access road be provided with a key. 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. BUSINESS LICENSE ORDINANCE TO BE ADVERTISE Mr. Renalds stated that the Business License Ordinance should be advertised as soon as possible if the Board intends to have the ordinance in effect for next year. 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 direct that the proposed Business License Ordinance for Frederick County, Virginia, be advertised for public hearing, said public hearing to be held the first meeting in October , 1974. 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; 17J is r 1 LJ • and Richard F. Madigan, Aye. E 37 ME CITIZENS ADDRESS BOARD IN OPPOSITION TO WATER AND SEWER•RATE'INCREASE PROPOSED BY THE FREDERICK'COUNTY SANITATION AUTHORITY Mrs. Laura Pifer appeared before the Board representing a delegation-of citizens in opposition to the increase in rates proposed by the Frederick County Sanitation Authority. There was lengthy discussion concerning the rate increase, and connection fees. Mrs. Pifer stated that the citizens could not.get any definite answers from the Sanitation Authority relative to the financial status of the Authority, the cost of construction of Run Plant, the cost of operation of the • Stephens Run Plant and the amount of indebtedness still outstanding on the Stephens Run Plant. The other projects proposed by the Sanitation Authority were dis- cussed at length. Mrs. Pifer presented a petition with 176 signatures in opposition to the rate increase. Mr. Renalds suggested that the Sanitation Authority be requested to'submit a report to the Board setting forth the various financial questions raised by the delegation of citizens. • 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 request the Frederick County Sanitation Authority to submit a report to the Board of Supervisors setting forth the costs allocated for each of their projects and the monies expected to be made in the future on each of their projects. 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 Ricahrd F. Madigah and seconded by J. Robert Russell, ' and passed unanimously, the Board retired into executive session to discuss the financial situation of a developer in the county and a personnel problem. Upon motion made by Richard F. Madigan, seconded by J. Robert Russell, and passed unanimously the Board withdrew from executive session. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, and passed unanimously the Board reconvened into Regular Session. REPORT - THE SUMMIT - APPROVED • Mr. Madigan presented a report on Lake Holiday Estates (The Summit) and Madigan stated that he moved for its adoption as the official opinion of the.Board of Supervisors. Mr. Cole stated that.he could not vote on one man's opinion as the official Mr. Ray.Weisgerber appeared before the Board representing the Frederick County Taxpayers Association and stated that the opinion received from the Attorney opinion of the entire Board. Mr. Madigan stated that he had spent many hours researching and preparing this report in order to present the facts to the Board Mr. Sandy stated that had some doubt as to whether or not this should be ' approved as the official statement of the Board. He stated that he appreciated Mr. Madigan's endeavor but he felt the report would be the official stand of the members who vote in favor of it but not those who vote against it. Mr. Ray.Weisgerber appeared before the Board representing the Frederick County Taxpayers Association and stated that the opinion received from the Attorney General and the opinion given the Board by the Commonwealth Attorney should be considered very carefully, He stated that the information contained in those opinions should cause alarm enough to the Board. He urged the Board, as represen- tatives of the citizens of Frederick County, to consider this matter very care- fully. Jim Ackley asked Mr. Madigan who the author of the report he presented was and Mr. Madigan stated that the report was in the first person and that he took full credit for it. Mr. Shirley Carter asked what the obligation of the County would be should Lake Holiday default in their obligation. Mr. Madigancstated .thatcthe.- Countyt.would have no obligation. Mr. Sandy stated that he felt the County would have no finan- cial obligation but would have a moral obligation to the residents in the develop- ment. Mr. Cole asked why the Board had accepted $1,300,000 worth of corporate Ilbonds if they had no obligation. Mr. Weisgerber stated that the counsel for the Taxpayers Association felt that the Board had more than a moral obligation and that in other parts of the Country where developments such as this have failed, the governing body had to go in and complete the facilities. 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 accept the following report and directs that it be made a part of the permanent minutes and stand as the official opinion of this Board: Due to the recent controversary in the news media over the Lake Holiday Estates recreational subdivision, I feel that the people of Frederick County have a right to know the facts concerning this development. The tax records will indicate that Lake Holiday Estates, Inc. and the property owners at The are the largest contributors of real estate taxes in Frederick County. The tax base furnished to date and to be furnished in the future will be of great benefit to Frederick County by helping to replace the real estate tax base was annexed by the City of Winchester. If this real estate tax base is not replaced it will mean that-the taxes of the individual taxpayers of Fred- erick County.will have to be increased in order to meet the county.budget income requirements after the last.annexation payment is received from the.City of Win- J • • • J 40 • chester next year. As an example, this corporation and its shareholders paid real estate taxes in 1970 in-the amount of $2,500: In 1913 this corporation and its property owners paid real estate taxes in the amount of $85,000. This represents a 3,4008 increase in real estate taxes in a - three year period. The projections indicate that each increase of ten cents (10C.) in the real estate tax rate generates revenue for the county amounting to an estimated $43,475. It is my estimate that beginning in 1975 the Frederick County tax rate will have to be increased by a minimum of 38t per hundred of assessed value, unless new sources of real estate taxation revenues are developed. This is based on the assumption that the budget expense requirements will remain at the present level. The current conservative projections indicate that the real estate tax revenues • generated to the benefit of the taxpayers of Frederick County for 1974 and future years as a result of this development are as follows: 1974 1975 1976 1977 1978 1979 _ $ 93,000 $112,000 $135,000 $173,000 $184,000 $198,000 These figures do not take into consideration the tax revenue that will be gen- erated in the way of Personal Property Taxes. After reviewing the books and records of Lake Holiday Estates, Inc., as well as a personal review of the progress of the construction of the facilities and amenities, I report the following: . Engineering: The Design Engineers, G. W.. Clifford and Associates, have completed the Master L J Plan for the installation of central water and sewer facilities for the entire Lake Holiday Estates subdivision, now consisting of approximately nineteen hundred (1900 acres. Final plans for the distribution mains, valving, hydrants, etc. of the water system and collection lines, lift stations, force mains for the sewer system, etc. for Section 4A are now being reviewed by the State Health Department. Preliminary central water and sewer plans for Section 5A, 6A, 6B, 8A, 10 and 11 have been completed and the Engineers are now in the process of finalizing the plans for Sections 5A, 6A, and 6B for submission to the State Health Department for approval. Central Water System: Distribution lines, including mains, valving, hydrants, and storage, in • 1 and 2, consisting of 428 lots, and water service has been available to these lots since April 1, 1974. Distribution lines, including mains, valving, hydrants, etc., are presently being installed in Section 3A, consisting of 125 lots, with construction approx- imately 958 complete at this time. A 150,000 gallon storage tank is now being fabricated in Richmond, Virginia, by L Flippo & Co., and delivery is expected within ten:(10) days on site. Construction installation is to begin immediately after delivery, with an anticipated completion date of October 10, 1974. Central Sewerage System: A sewerage - treatment plant with a capacity of treating 160,000 gallons per day was completed as of December 27, 1973, at a cost of $235,794.00. This plant was ..4'01 designed for the addition of added capacity. Force mains, collection lines, laterals, lift stations, etc., have been com- pleted in Sections 1 and'2, consisting of 428.1ots, and service.has been available ' to these lots since April 1, 1974. Force mains,.collection lines, laterals, lift stations, etc.., are presently being installed in Section 3A, consisting of 125 lots, with construction approx- imately 95% complete at this time. , Aid to construction in the amount of $24,424.00 has been paid to Potomac Edison Company to furnish electrical service to the pumps and lift stations in Sections 1, 2, and 3A. • Roads Eighteen. (1.8) miles of roads have been constructed in Sections 1, 2, 3A, 4A, 5A, 6A, 6B, and SA to the point where they are ready for the installation of base material and surface treatment at a cost of about $426,157.00. The installation of base material and surface treatment is now in progress in Sections 1 and 2, with an anticipated completion date of October 15, 1974. This work follows the installation of water and sewerage lines. , Roads are presently under construction in Sections 10 and 11. Maintenance • A modern maintenance building was completed this year and is occupied by the mechanical and wood shop personnel. This building is 40' x 60' in size and is a great asset to the maintenance personnel in helping maintain vehicles and equipment Recreational Facilities 1. Dam and Lake - Lake Holiday was formed in 1971 -72 by the construction of an earth and concrete dam and spillway which is 1400 feet long and 112 feet high. The size of the lake is 240 acres approximately nine (9) miles of shoreline. This lake provides the property owners with water sports such as motorboating, sailboating, water skiing, swimming and scuba diving, as well as fishing. The Lake is well stocked-with bass, pike, blue gill and other numerous pan fish, I am told. The entire lake basin was cleared and grubbed before it was filled. 2. Golf Course - The first nine holes of the planned eighteen hole golf course was completed in 1972 at a cost of $240,000 and has been playable since that time.- The second nine has been planned, staked and is presently in the pre- liminary phase of construction. Maintenance equipment to maintain the golf course was purchased in 1971 and 1972 at a cost in excess of $40,000. An additional $216,796 has been spent since that time on maintenance and construction. The golf course was designed by Mr. Richard Watson, of Lincoln, Nebraska, a nationally known golf course architect. 3. winter Sports Area - This area consisting of two (2) Family type ski slopes and a warming but was completed in 1972. This includes the artificial snow making facilities consisting of buried water supply lines, two (2) water supply reservoirs (ponds) and a'pumping station. The cost of this amounted to $66,830.00. In addition, during the fall of 1973, a.Hedco Snow Cannon was purchased at a cost of $22,500.00 to enable them to make artificial snow, weather permitting. 4. Pro Shop - Construction of this structure was started in 1973 and com- pleted this summer. Facilities include a complete golfing display area, shower rooms for men and women, as well as complete toilet facilities for men and women on L I y r both the upper and lower levels. Final landscaping is now in process. A PGA Gorf Pro, Mr. Frank Trovato, is the club professional. 5. Central Clubhouse Complex - This complex will consist of the main house which is now under construction, an olympic size swimming pool, a wading pool for children, 'tennis courts, boat storage and parking area, a park area between clubhouse and the lake, and a paved, lighted parking area. 6. Marina Complex - The marina was completed in 1972 and is constructed • of aluminum framing with styrofoam flotation panels which allows the entire dock to rise fall with the level of the water. Thirty -two (32) boat parking slips are available for the use of the property owners. 7. Beaches - Beach #1 located at the main clubhouse area was completed in 1973. White sand was hauled in and spread and the sand is replenished as needed. Beach #2, on 7 the south side of the lake,'was constructed during 1973/74 and is presently near completion. The total costs of development, including the costs of the facilities -and • amenities listed amounted to $5,550,000 as of July'31, 1974. In regards to the Lake Holiday Estates Utility Company, I find the These types of corporations are covered by Title 56 of the Code of V erntitled. Public Service Companies. Section One'defines public service corporation or public service company as including water supply companies, sewer companies, etc. Section five provides for damages in three times the amount of actual damage for any person who willfully destroys, injures or obstructs any of the works or property of a public service corporation and shall also be liable for any criminal prosecution for such offense. I now refer you to Chapter 10.1 of Title 56 entitled Utility Facilities The first section defines the terms used. The second section requires a • r certificate of convenience and necessity. The third section relates to the issuanc of the certificate and the allotment of territory and provides that no such public utility shall engage in furnishing public utility service within the State without first obtaining from the Commission a certificate of public convenience and necess- ity. Section 56 -232 of the Code of Virginia, also defines the term public utility. Under Section 56- 265.3, the Commission in alloting the territory in of • allots or creates a nonopoly in favor of the utility company to whom it is granted a certificate because Section 56 -265:4 states that no certificate to operate in the territory shall be granted to another public utility unless it is shown that the service of the first utility is inadequate. The area allotted must be accurately depicted by boundary lines drawn on a geological topo map printed by the U. S. Printing Office. Section 32.9 of the Code of Virginia provides that the State Bdard of Health may regulate and prescribe the method or methods of disposal of sewage in the State. Section 62.1 -44.18 of the Code of Virginia provides that the State Depart- . I ment of Health and the State Board of Health shall have general supervision of all sewage systems and sewage treatment works and approval of the plans and'spec- ifications, and Section 62.1 -46 of the Code provides that the said Board shall have general supervision and control over all water supplies and water works. Section 62.1 -47 provides that the Board may adopt rules and regulations governing the water works, water supplies and pure water. Any'individual; association or corporation wishing to provide services of water.distribut-ion • or sewage collection and treatment-of 50 or more persons must obtain a certificate of.incorporation as a public service company under the Utility Facilities- Act.which.is different from obtaining -a certificate of incorporation under.Title 13 of the!Code. Once the certificate of- incorporation as a. public service company has been issued.and a certificate of convenience-and necessity and allotment of territory has been made, then it is the sole responsibility of the service corporation to provide the services of the type for which it has been incorporated in the allotted territory. Of course, it may obtain assistance in financing from sources and in form approved by the State Corporation Commission. In Section 56 -509 it is provided what the policy of the State is-in regard to public utilities and the duty of the Governor when there is a threat' of curtail- ment, interruption, etc. of operation, and it grants power to the Governor to grant and operate said utilities as provided in the statute should the utility fail or cease operation for any cause. - I am unable to find anywhere in the statutes any provision granting to the localities any authority to meddle with or in anyway legislate or control or inter- fere with operations of public service companies which have certificates of con- venience and necessity as provided by statutes. In regard to.the matters concerning.the statutes in regard to th& creation of plats and deeds of dedication, I refer you to Article 7 of Chapter 11 of Title 15.1 entitled Land Subdivision and Development,.and specifically to Section 15.1 -47 which has to do with the effect of the approval and recordation of the plat and of dedication. The meaning of this Section, is that where the streets or alleys are set-apart for public use or any easement are so set apart for public use, to acquire a public right of passage over the same, then said streets, alleys or easements become the property in fee simple of the County in which the plat is.re- corded. However, the last portion of the sentence provides "but nothing contained in this article shall affect any right of a subdivider of land heretofore validly reserved ", and the case of most recreational subdivisions, the right of ways, road- ways, streets and alleys are reserved for the sole use of the developer, the lot owners and their agents, guests, and invitees,.thus not dedicating the same to the public or for public purpose. I then refer to Section 15.1 -482 in regard to the vacation of plats after the sale of lots. Subparagraph (b) provides that only by-ordinance of the governing body wherein the land lays shall be vacated on motion of one of the members or on application of any. interested persons and only by ordinance as required by Section 15.1 -431. Notice of such action to be taken by ordinance shall clearly describe the plats to be vacated, state the time and place of the meeting of the governing body for the purpose of adoption of the ordinance, and any person may appear at the meeting for the purpose of objecting and appeal can be taken within thirty days to the Circuit Court, and the Court may nullify the ordinance if it finds the owner of any lot on the plat will be irreparably damaged. If a development has been approved, in its overall purposes and is pro- gressing section by section, it would be my opinion that the Board of Supervisors i is • • 43 has committed itself to continue with the development so -long as there is no fraud or violation of ordinances, and it may well'be that the ordinances in effect at the time of the commencement of the development'would prevail over any other ordinances later adopted which might change the rules and regulations at the commencement of the development if an entire development plan had been originally presented. This would be true whether there was a grandfather clause in any later ordinances Mr. Russell, Mr. Hodgson and myself have been in contact with Mr Vice President of Independence Mortgage Trust and Vice President-of • Provident Realty, Inc., the company that manages the Trust. The'Trust has full knowledge of all of The Summit's activities and is satisfied with their results. The report was very favorable and commendable. In view of all the facts that I have been able to acquire, I feel that is the Board's prior decision-was correct and that this project will be a tremendous asset to the county. The above resolution was passed by the following recorded vote: Madigan, Aye; J. Robert Russell, Aye; and Donald R. Hodgson, Aye.. Raymond C. Sandy voted Nay and Dennis T. Cole voted Nay. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. (SPECIAL BOARD MEETING Sep 9, 19 74 - SEE PA 49) At the Regular Meeting of the Board of Supervisors of the County of Frederick, • Virginia, held in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester,'Virginia on the 11th day of September, 1974, at 7:11 P.M. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole; Donald R. Hodgson, and Richard F. Madigan, The Chairman called the meeting to order. APPROVAL OF MINUTES 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 herein approve the minutes of the regular meetings of this Board held on May'22, 1974, June 12, 1974, and June 26, 1974, as submitted. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Aye; J. Robert Russell, Aye; and Richard F. Madigan, Aye. HIGHWAY DEPARTMENT SECONDARY ROAD BUDGET- APPROVED Mr. King appeared before the Board and requested that the Board approve the Secondary Road Budget as submitted to the Board at the last meeting. 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 the Virginia Department of Highways Secondary Road M A 2 Budget for Fiscal Year 1974 -1975 as submitted to this Board. The above resolution was passed by the following recorded vote: Raymondi.C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. DELINQUENT TAX LIST PRESENTED TO BOARD Mrs. Dorothy Keckley, Frederick County Treasurer, appeared before the Board and presented the 1973 Delinquent Tax List to the Board for examination and sub- sequent recordation in the County Clerk's Office. APPROVAL OF BILLS Mr. Madigan moved for the approval of the bills for the month of August and the motion was seconded by Donald R. Hodgson. Mr. Cole then moved to amend Mr. Madigan's motion-in that he would request the Board to vote on the bill sub- mitted by Dou3Swift separately. Richard F. Madigan seconded the motion to amend and it was approved by an unanimous vote. 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 the bills for the month of August, 1974 in the amount of $108,185.34 and does order the same paid by Warrants #06747- #06967 excluding Warrant #06825. 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 PAYROLL 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, :'3.r'gin . does herein approve the payroll for the month of August, 1974, in the amount of $56,190.91 and does order the same to be paid by Warrants #06651 through) #06746. The above resolution was passed by the following recorded voter 'Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REQUEST FOR LOAN - FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Mr. Sandy read a request for loan from the Sanitation Authority. Mr. Renalds suggested that the expenditure breakdown be included in the resolution. Mr. Madigan !stated_ that the Board had learned from the joint meeting with the Sanitation Authority that they do have problems and he urged the Board to be cautious. Upon motion by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, by the Board of Supervisors of Frederick County, Virginia, that a loan in the amount of $48,624.63 is hereby authorized to the Frederick County Sanitation Authority; and, BE IT FURTHER RESOLVED, That said funds are herein authorized to be expended) from budget code 10 -OIOH -902 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 as approved by this Board at a regular meeting held on April 12, 1972, I • • • L u ;�i and is subject to the terms so established on that date; and, BE IT FURTHER RESOLVED, That the expenditure breakdown on this loan is as ' follows: 1. $6,017.13 Red Bud Run Project #1 Construction 2. $39,100.27 Red Bud Run Project #2 Construction 3. $650.00 Acquisition of right -of -way for Red Bud Run Projects #1 and #2. 4. $2,857.23 Equipment for Red Bud Run #1. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; and Donald R. Hodgson, Aye; and Richard F. Madigan, Nay. Mr. Dennis T. Cole abstained from voting stating that he had an interest in property which would be served by the Red Bud Run Drainage Area and is II therefore would not vote. APPROVAL OF BID - ROAD FOR NEW LANDFILL Mr. Cole stated that the Engineering Committee had recommended that pending approval of the City of Winchester, the low bid from Perry Engineering be accepted. The City of Winchester accepted this low bid at a Council meeting:on September 10, 1974. ' Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve the low bid of $114,374.80 of Perry Engineering Company, Inc. for the construction of an ac'cess road to the new Frederick County- Winchester Sanitary Landfill. The above resolution was passed by the following recorded vote: Raymond C. Sand , Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. STABLISH ;INIA - FIRST AN Mr. Cole stated that the Engineering Committee recommended adoption of this ordinance in order to provide enforcement means for the proper use of the trash • containers in the County. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Vir- ginia, does herein approve, on first and second reading, the following ordinance: AN ORDINANCE TO ESTABLISH THE PROPER USE OF THE TRASH CONTAINERS OWNED, EMPTIED, AND MAINTAINED BY THE COUNTY OF FREDERICK, VIRGINIA. 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; • II and Richard F. Madigan, Aye. TEN DOLLAR FEE FOR LAND USE TAX APPLICATIONS - APPROVED Mr. Cole stated that the fee for the Land Use Tax Application of $10.00 has recommended by the Engineering Committee. Mr. Esten Rudolph, Commissioner of Revenue, stated that this was the recomme ation of the Department of Taxation. He further stated that he felt this would eliminate some of the owners of small pieces of property from coming in and filing ' when they would not be approved. Mr. Cole read the resolution in full. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that pursuant to Section 58 -769.8 of the Code of Virginia (1950), as amended, an appli- MINX 46 cation fee of-ten dollars ($10.00) be required for each application made in con= junction with the'Frederick County'Ordinance which 'provides for Special A'ss'es'sment' for Agricultural, Horticultural; Forest,: or Open Space Real Estate. 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. OFFER TO PURCHASE EQUIPMENT CLEARBROOK PARK - REJECTED Mr. Cole stated that the Engineering Committee recommended that the offer from Gilbert W. Clifford and Associates to purchase certain water system equipment at Clearbrook be rejected. He further stated that he would request the Board to discuss this water system in Executive Session inasmuch as the County is providing water service to certain businesses in the area at no charge. 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 herein reject the offer made by Gilbert W. Clifford Associates, Inc. in the amount of $2,500 for the purchase of certain water system equipment located at 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. CONDITIONAL USE PERMIT FOR WAREHOUSE - LANNY EUGENE SNYDER - APPROVED Mr. Berg presented the request for conditional use permit of Lanny Eugene Snyder and stated that the Planning Commission had recommended approval with the following conditions; that all repair and equipment be undercover; that the buildi be screened from the residential area by planting of trees; and that there be no debris or parts of trucks outside the building. Mr. Hodgson stated that he would like to see a restriction set forth on this permit stating that there would be no noise after a reasonable hour at night. 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 conditional use permit of Lanny Eugene Snyder the construction of a warehouse on his property off Caldwell Lane in Back Creek Magisterial District with the following conditions: 1. All repair and equipment shall be kept under cover. 2. The building shall be screened from the residential areas by a planting trees. 3. There shall be no debris or parts of trucks, etc. outside the building. 4. There shall be no noise emanating from the operation of this business between the hours of 10:00 P.M. and 7:00 A.M. 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, Abstaining. CONDITIONAL USE PERMITS /MOBILE HOME PERMITS - FRYE MEAD, WINCHESTER - FREDERICK COUNT • I • • • CONSERVATION BLT" INC., "YOUNG, WYMER, AND STINE - APPROV 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 following conditional use permits /mobile home permits: 1.Bobby Frye- Gainesboro District'' 2.Ross B. Mead (Temp.) - Gainesboro Dist. 3.Winchester- Frederick Co. Conserv. Club, Inc. Gainesboro District 4.Gracie L. Young - Opequon District 5.David Steven Wymer - Opequon District 6.McAdoo Stine - Stonewall District The above resolution was passed by the following recorded vote: Raymond C. ,4.7. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye, and-Richard F. Madigan,-Aye.-. n' 1A rr T 7 REQUEST- FOR •F'UND•ING -- V- IRG'LNIA— A'SSOGI-`ATI'6N -0•F 'COUN- T- I -ES =- APRROVED : Mr. Rehal'ds 'expl'ained the request f'or funding as set forth in the following 1'e t t'e r `July 26; 1974 • • Mr. Raymond C. Sandy, Chairman Frederick County Board of Supervisors Stephens City, Virginia 22655 Dear Mr. Sandy: Sixty -four million eight hundred thousand dollars ($64,800,000 the amount government entities would have paid the Virginia Electric Power Company for electric power service during 1973 if the proposed new rates had been in effect for that year. The government entities - local, state and federal government agencies and instrumentalities - actually paid $38,900,000. The increased rates would have provided $25,900,000 more than the rates which were then in effect. These additional collections would have provided an increase of 66.58 % . On the average each county's electric power bill would have been 166.588 of what it actually was. It would appear that other electric utilities are scrutinizing Vepco's action to determine if a precedent has been established which they can follow; that is, as current contracts expire, to increase the rates at which electric power is sold to government entities to the commercial rates. (At least such was the case during the 1974 Session of the Assembly during which the other electric power utilities jointed Vepco in supporting House Bill 864 which was carried over to the 1975 Session, and which would have given the State Corporation Commission jurisdiction over rates charged for electric power sold to federal, state and local governments.) It is with these proposed, increased rates and schedules which produce such increased revenues for Vepco and other utilities that the Virginia counties, cities and towns are concerned. This situation led to the creation of a joint effort by the Virginia Association of Counties, the Virginia Municipal League, the Virginia Association of School Administrators, the Virginia Association of Redevelopment and Housing Authorities, and the creation of a steering committee to deal with the situation. The Steering Committee has met and has made the following findings: 1. Vepco is willing to cooperate in attempt toenegotiate a tariff or schedule or rates, but insists that progress be demonstrated toward the negotiating stage. 2. The need for information and data developed by an independent consulting firm was demonstrated early in the discussions. 3. Funding is needed to retain the consultants and to prepare for and conduct the negotiations with Vepco. 4. A screening committee was appointed to interview possible consultants which might be retained. (The interviews, for the most part have been completed.) 5. From proposals submitted by the prospective consultants, the Steering Committee has recommended a budget extending over a period of two years in the amount of $110,000 each year. J 6. After much discussion involving the weighing of possible factors, a formula was developed 7. Consultant information and data would be assembled as far in the past as possible and would becccxtinually brought up to date. It would be used to-negotiate with utilities and to present to the 'State'.Corporation Commission, if necessary' and to Committees and member: of the General Assembly in relation to House Bill 864 and any others. It would appear that such funding is likely to become an item in each local government's fnnual budget in years to come. Thus, each county is requested to consider the recommendations of the Steering Committee, and if its governing body approves the recommendations, to appropriate and forward to the Association its share of the budget funding for the first year A separate account will be maintained for these funds. A Bill showing your county's share is enclosedfor your convenience. The consultants interviewed wish to make sure that the money out of which they will be reimbursed is available before they commence work. Legally, a county is required to indicate that it wishes to join'in the joint effort by resolution and that it wishes to share in the cost of preparing for and conducting the negotiations by a regular and legal appropriation. As you can see, much time and effort has been put into laying the foundation for this joint effort. We hope you will approve it. Please accept my warmest and kindest regards. Cordially yours, /Sy George George R. Long Executive Director i,: epg closure Board of Supervisors Mr. J. 0. Renalds, III, County Administrator Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, t it is the desire of this Board to join, with other localities throughout the to and-the Virginia Association of Counties, in raising the necessary funds to the recommendations of the steering committee, appointed to study proposed in the rates charged localities for public utilities, as referred to in to the Board Chairman from George R. Long, Executive Director of the rginia Association of Counties, dated July 26, 1974; and, BE IT FURTHER RESOLVED, That the above mentioned correspondence be entered to the minutes of this meeting and that a supplemental appropriation to General ting Fund expenditure code 18- 018E -7021 in the amount of $774.00 is herein for the above purpose. 0 The above resolution was passed by the following recorded vote: Raymond C. I is • , Aye; -J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye Richard F. Madigan, Aye. UZrAA'XL. 1NT nzaub 1(ZrUATS - Ift"LrTLU After review the reports of the Department Heads were accepted. CONSTITUTIONAL OFFICERS REPORTS - ACCEPTED After review the reports of the constitutional officers were accepted. PRESENTATION OF LETTER FROM POTOMAC EDISON COMPANY ADVISING OF PAYMENT OF UTILITY BILLS AT BANK OF FREDERICK COUNTY ' Mr. Renalds stated that a letter had been received from the Potomac Edison stating that electric bills are now being collected at the Bank of Frederi ty in their mobile office located in Stephens City. Mr. Sandy requested that the phone company be advised of this service in order that they too might consider ng for the collection of phone bills at this location. Mr. Renalds presented a resolution adopted by the Winchester- Frederick County of Commerce and stated that the Chamber was requesting the Board of Super- • sors to adopt a like resolution urging the early completion of I -66. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, .. WHEREAS, The Winchester- Frederick County economic development and progress is primary importance to our business and citizenry; and, WHEREAS, The development of highway systems from east to west is of great im- nce in the accessibility of major market areas; and, , WHEREAS, The highway investments now made in more densely populated areas will cause dilution of those already overpopulated and provide for more satisfactory development; and, WHEREAS, The travel industry will greatly benefit from the systems already partially completed; BE IT KNOWN, That the Frederick County Board of Supervisors requests completic of Interstate Route 66 in as economic, timely and manner as 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, seconded by J. Robert Russell and • • • passed unanimously, the Board retired into executive session to discuss the 1 fee of Doug Swift, legal implications of the water system at Clearbrook, per- sonnel problems, and legal matters pertaining to a business license and licen of contractors. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell and passed unanimusly the Board withdrew from executive session. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole and passed unanimously the-Board reconvened into regular session. DOUG SWIFT - FEE FOR LEGAL SERVICES - 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 approve the bill for legal services rendered to the Board by Douglas Swift in the amount of $4,167.38 in the case of E. Eugene Gunter versus Frederick County and does order the same paid by Warrant #06825. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye;.and Dennis T. Cole, Nay. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Se &retary Bd. of Supervisors RE . - �. At a Special Meeting of the Frederick County Board of Supervisors held on • September 9, 1974, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, at 7:00 P.M., the purpose of the meeting being a joint discussion between the Frederick County Board of Supervisors and the Frederick County Sanitation-Authority. PRESENT: Frederick County Board of Supervisors Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. ' PRESENT: Frederick County Sanitation Authority: S. Roger Koontz, Chairman; Asbury Morrison, Vice Chairman; James Diehl; T. G. Adams; and G. W. Borden. ri • r Chairman Sandy called the meeting to order. 50 Mr. Koontz stated that the Authority had asked to-meet with.the Board of Supervisors in order to get their thinking on the projects in-Frederick-County, the position of the County and how to proceed from this point forward. He stated ' that they had incorporated the Red Bud Project into the Abrams Creek Project and that they were concerned about the continued spiraling of costs. He stated that the Authority needed to decide whether to move boldly forward or. take a more taut= jl-::: ious approach or stop completely. Mr. Koontz stated that the Authority was not asking for a formal motion but needed to know how the Board wanted the Authority to proceed and which direction had • they want Frederick County to move in. He stated that-a very updated study been done on the projects and the Authority was very disappointed in the cost figures that had been returned. He further stated that the Authority felt the pro jects could go but there would be an increase in costs involved. Mr. Wellington Jones, Engineer- Director of the Sanitation Authority, presented the intital plans of the Sanitation Authority and the current plan to combine the projects into one. He stated that combining the Abrams Creek Project and the ' Red Bud Project would save approximately one half million dollars. He pointed out the project sites and reviewed briefly the latest study from Gilbert W. • Clifford Associates. He stated that in this report Clifford and Associates recommend that the connection fee for water be $475.00 and for sewer $850.00 which represented a $575.00 increase over the previous connection fees. Mr. Cole asked what the capability of Abrams Creek would be and Mr. Jones stated one half million gallons per day. Mr. Cole-asked if the Authority's plan of combining these plants into one was feasible with the expectation of a regional plant in 1985. Mr. Koontz stated that this was one of the questions the Authority wanted to discuss with the Board. There was discussion as to the amount of construction which could be expected • in the County and the sewage facilities necessary to handle this development. Mr. Renalds stated that developers have decreased considerably their.•plans•at this , point because of the money situation and inability to market the homes already built. There was lengthy discussion as to how much of the projects could be salvaged when the regional plant is in operation, the-need for front end money to prove feasibility for the projects, the priorities which should be set in the County for sewage facilities, financing for the projects and rate structure. • Mr.'Jones stated that the Authority is seeking financing through F.H.A. at 58 for a 40 year .term for a grant of $464,578 for water and $639,264 for sewer, with a debt service per connection including maintenance and operational costs of $17.49 per connection. He further stated that if the grant was not received, another $4.89 would have to be added to the above figure. Mr. Jones stated that F.H.A. declines to fund the plant and the debt service on the plant would be $10.35 per connection. Mr. Cole asked what the cost per house per month would be , and Mr. Jones stated $27.84 with grant. 51 The Stephens Run-Project was-discussed at length. Mr: JOnes stated that according to Clifford and Associates, the intital construction cost of this plant was $397,000 and to update the plant the cost would be $145,000 for a total cost of $542,000. He stated•that the Authori -ty was seeking an EPA reimbursement grant of $100,000 and if received-this would decrease the total cost of the plant to $442,000 and with interest $476,500. He stated that the current connections at the Stephens Run Plant are 250 for water and 238 for sewer. He stated that based on the projected connections and the existing • I connections, the service charge comes out to $10.93 per connection for water and sewer. He stated -that with no growth in the area, the monthly rate would be $17.90 per connection. Mr. Sandy stated that he felt the connection fees had been to low all along and that is why the rates are being increased to $16.00 per month now. Mr. Adams stated that when the plant was constructed the situation was quite different than it is now and that at that time the Authority was working with 48 on a 40 year term-whereas today it is on a 20 year term. He further stated that the Authority was trying to get the landowners in the area to pay • a surcharge to make the project work. He further stated that he felt a mista had been made in not getting permanent financing at that time at a low interes rate. There was discussion on mandatory connections in order to make the projects feasible and Mr. Koontz stated that F. H. A. advises that the Authority will tovlobk'lat. mandatory connections before they will finalize the financing. Mr. Koontz pointed out the increase in pipe costs which the Authority has experienced the past few months. Mr. Madigan stated. that he felt the Authority should receive its instruct- ions from the Board. He stated that should Frederick County be made a bed- room community the tax rate would have to be raised. He further stated that industry can be of great benefit to the Authority and the Authority could shape the entiie 'economy of the community and the Board would have no' control over -this under the present structure of the Sanitation Authority. He further stated that he felt the Board and the Authority should be responsive to the citizens of Frederick County and this had not been the case in the past. He stated that he had always been in favor of service districts because should there be some great asset in a service district, it would be beneficial to all • I the people in the County and would help to keep taxes down. Mr. Diehl stated that he had attended a Sanitation Authority meeting with the Board•of Supervisors, and the Board had instructed the-Authority to with all haste on the Kernstown Project in order to-serve Plant X. He all the work which had been done to get this order accomplished. He-stated that they had spent six months on this project, letting everything else go, and then the G. E. Plant (Plant X) went to the city for service. He stated th ' the Authority then concentrated on watering and sewering Apple Pie Ridge schoo and had run into one obstacle after another. He stated that the Authority had saved $100,000 by going on with the laying of pipe for this project in that pipe has since increased 300 %. He stated that he felt $8 and $8 was suffic for service but if the projects were to be constructed they must be paid for. 52 He further stated that he felt the Supervisors control growth through zoning and that a happy medium must be reached for controlling growth so that services can be provided for the least amount of money. , There was discussion as to .whether the new `connection fees shouldbe charged to the other areas of the county such as Frederick Heights and Sunnyside and Mr. Koontz stated that he felt the Authority should honor the contracts that had already been executed on these areas. Mr. Koontz stated that he felt the beauty. of an Authority was that it could float bonds without obligating the entire population of the County. • Mr. Madigan stated that if the Board floated bonds, through a referendum, they could be sure the projects would suoeed- and would bring in enough taxes to pay for the projects. Mr. Koontz stated that the Board.would be obligating all the taxpayers of Frederick County and not just those who are receiving the service. He further stated that industries served by the projects would bring in revenue and the service would not be to residential users only. ' Mr. Sandy stated that perhaps if the authority could be sure that 508 of the connections would be residential and 508 would be commercial, this would be more • feasible. There was discussion as to whether or not connections should be limited and designated for residential and commercial use. Mr. Russell stated that he felt this meeting with the Sanitation Authority was a very good idea and he appreciated the Authority meeting with the Board to discus these problems. He stated that he felt the County must proceed with water and sewer service, but must proceed cautiously. He expressed concern about the fi- nancing of the projects. Mr. Koontz stated that the Authority also wanted to meet with the Planning • Commission to get their thinking on the problems the Sanitation Authority is facing. ' Mr. Madigan stated that he realized the Sanitation Authority is faced with many problems but as a member of the Board of Supervisors, he could not go along with the Sanitation Authority if it remains an Authority. He stated that he felt that the Authority should amend its charter so that they get their direction from the Board of Supervisors. Mr.: Koontz stated that he did not think this would be allowed by the Code of Virginia and Mr. Madigan stated that he felt it was permissible under the Code • for restrictions to be included in the Authority charter. Mr. Sandy stated that the only disagreement he had had with `the Authority was on rate structure. He further stated that he felt the rates were equitable now and with proper front end money and proper connection fees, the Authority woul have his full backing. There was discussion on the Kernstown project and why it had been laid aside with Mr. Diehl explaining that it has not been able to prove its feasibility as , yet. 5a Mr. Berg pointed out the zoning of the property is the area surrounding the proposed project. Mr. McTiernan asked if the regional plant becomes a reality, what rates could the citizens expect and Mr. Koontz stated there was no way of knowing at this time. Mr. Renalds stated that it will be a number of years before construction is • begun on the regional plant and it would be impossible to say what the rates will be. He further stated that he felt it could be assumed that rates would be in the County than in the City initially. A gentlemen in the audience asked if we should proceed with construction of this plant when a regional plant is in the planning and Mr. Sandy stated that the question here was whether or not we could ask the people in Frederick Heights, Sunnyside and similar areas to wait another four or five years for service. Mr. Madigan stated that he felt we must provide services to those in dire need now. There was discussion as to whether or not different rates could be charged i n U within the County and whether or not the financing was on a 20 or 40 year term. Mr. Charles Boyd stated that there were some subdivisons in the County who were upstream from'the proposed plant who have not been considered at all and that these subdivisons are much older than those proposed for service, such as Frederick Heights and Shenandoah Hills. He stated he did not feel this was fair. He also stated that he felt it was unfair for some subdivisions to be charged the new connection fees and some to be allowed to hook into the facilities at a lower cost. Mr. Sandy thanked the Sanitation Authority for meeting and exchanging ideas and views with the Board of Supervisors and stated that he felt the meeting had been most productive. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT • THE BOARD OF SUPERVISORS DO NOW ADJOURN. Sec etary Bd. of Supervisors - — n U At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the 25th day of September, 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. 1 APPROVAL OF MINUTES 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 approve the minutes of the meetings of this Board held on 54 July 10, 1974, August 14, 1974, August 28, 1974, September 9, 1974 and September 11, 1974, as submitted. 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. Mr. Russell stated that on Page 2 of the minutes of the July 24, 1974, meeting the location of Hyde Lots should be corrected to Stonewall District instead of Gainesboro District. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, Frederick, • BE IT RESOLVED, That the Board of Supervisors of the County of Virginia does herein approve the minutes of the meeting of this Board held on July 24, 1974, with the correction of the location of Hyde lots to 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. ' ABANDONMENT OF STATE ROAD AROUND JAMES WOOD HIGH SCHOOL - 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, Virginia, does herein abandon altogether, as a public road, the following: The state road which intersects with Route 50 West, proceeds around James Wood High School, and returns back onto Route 50 West. 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. NAMING OF ROUTE 621 - "JONES ROAD" - 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, "Jones Road" be retained as the of- ' Virginia, does herein direct that the name ficial name of Route 621 in Frederick County, Virginia, inasmuch as this is the name set forth for said road on the old county road maps. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. • REQUEST FOR SECONDARY ROAD ADDITIONS - DARVILLE SUBDIVISION - SECTION 2 - APPROVE 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 request the Virginia Department of Highways to accept into the Secondary Road System the following roads in Section 2 of Darville Subdivis in Stonewall Magisterial District: The extension of Ambrose Drive, and Darlington Drive, and Williams Drive and Williams Place which intersects Darlington Drive. 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; L� 55 and Richard F. Madigan, Aye. ' CONDITIONAL USE PERMITS /MOBILE HOME PERMITS - ALCANTARO, SPAID,ALDERMAN, SHENK- 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 approve the following conditional use permits /mobile home permits. 1. Robert Alcantaro - Back Creek District 2. Ernest Spaid - Back Creek District • 3. Lloyd James Alderman - Gainesboro District' 4. R. O. Shenk - Stonewall 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. APPROVAL OF BILLS 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 following bills: • 1. Postmaster, City of Winchester - $3,500 - (Postage mailing tax tickets - Pitney Bowes Postage Machine) 2. Dorset T. Russell - $2,722 - (Contract Jail Exercise Yard) 3. Milburn Typewriter'Company - $295 (Purchase of equipment for General District Court) 4. ISM Corporation - $1,674 - (Purchase of equipment for General District Court) 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, 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; • 1 and Richard F. Madigan, Aye. TIDY CORPORATION - VEHICLE BID FOR COMPACTOR TRUCK - APPROVED Mr. Renalds stated that requests for bids had been sent out to three companies and only one bid had been received on the solid waste collection trucks, that bid being from the Tidy Corporation. He stated that the quotation from the Tidy Corporation contained two different chassis with the same compactor equipment on Aye; and Richard F. Madigan, Aye. ' Mr. Jack BUDGET TRANSFERS - APPROVED Board and • Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Frederick County Board of Supervisors that transfers ' within the 1974 -1975 Budget be approved as follows: discussion as to the need for an additional vehicle in order to From To Amount O1 -001A -226 01- OOIA -109B $ 6,000 05- 005C -102B 4,000 Total $10,000 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; • 1 and Richard F. Madigan, Aye. TIDY CORPORATION - VEHICLE BID FOR COMPACTOR TRUCK - APPROVED Mr. Renalds stated that requests for bids had been sent out to three companies and only one bid had been received on the solid waste collection trucks, that bid being from the Tidy Corporation. He stated that the quotation from the Tidy Corporation contained two different chassis with the same compactor equipment on maintain the County container sites. the back. ' Mr. Jack Pearson, Landfill Superintendent, appeared before the Board and stated that he would prefer the heavy -duty truck in that he felt it would perform better for the type of work for which it would be used. There was discussion as to the need for an additional vehicle in order to maintain the County container sites. 0 M Upon motion made by Richard F. Madigan and seconded by J. Russell, inasmuch as BE IT RESOLVED, That the Board of-Supervisors of the-County of Frederick, Virginia, does herein accept the bid of Tidy Corporation in the amount of ' $46,947.70 for one F/L 60 -35 E -Z Pack Front Loader with all standard equipment, Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, mounted on a 1974 White Truck Chassis, in accordance with the bid proposal BE IT RESOLVED, That the Board of Supervisors of the County of submitted by Tidy Corporation dated September 23, 1974, and opened on September 24, Planner, to 1974. 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. • DAVID G. DICKSON APPOINTED AS ALTERNATE MEMBER TO NORTHERN VALLEY MANPOWER PLANNING COUNCIL 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 appoint David G. Dickson, Deputy County Aministrator, to serve as Frederick County's representative on the Northern Valley Manpower Planning ' Council. 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: MR. RON BERG'APPOINTED TO LORD FAIRFAX PLANNING DISTRICT COMMISSION Mr. Cole suggested that the County Planner, Mr. H. Ronald Berg, be appointed to serve as a representative for Frederick County on the Lord Fairfax Planning District Commission, to fill the vacancy which will be created by the expiration of Mr. David Headley's term on October 31, 1974. Mr. Madigan stated that he would be opposed to this appointment inasmuch as Mr. Berg was not a citizen of Frederick County. He stated that he felt a county citizen should be appointed to this position or possibly a member of the Planning • Commission. He suggested that this matter be referred to the Planning Commission in order to get their input. , 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 appoint Mr. H. Ronald Berg, Frederick County Planner, to serve as a representative of Frederick County on the Lord Fairfax Planning District Commission, said appointment to become effective November 1, 1974, and will fill the vacancy created by the expiration of Mr. David Headley's term on October 31, • 1974. 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. PUBLIC HEARING AN ORDINANCE TO'AMEND THE BUILDING CODE ORDINANCE THIRD AND FINAL READING - APPROVED , Mr. Madigan read the ordinance in full. There was no opposition to this ordinance. 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, 57 Virginia, does herein approve, on third and final.reading, the following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED MAY 10, 1972, PROVIDING FOR FIRE LIMITS, AND REGULATIONS GOVERNING THE CONSTRUCTION, ALTERATION, REMOVAL, DEMOLITION, EQUIPMENT, USE AND OCCUPANCY, LOCATION AND MAINTENANCE OF BUILDINGS AND STRUCTURES IN THE COUNTY OF FREDERICK, VIRGINIA. BE IT ORDAINED, By the Board of Supervisors of the County of Frederick, Virginia that the following amendment is herein made: • 11 Section 1. Section 1 of the referenced ordiance entitled the the Adoption of Building Code will read as follows: There is hereby adopted by the Board of Supervisors of the County of Frederick, Virginia, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties that certain building code known as the B.O.C.A. Basic Building Code /1970, Fifth Edition, as amended and supplemented, and the One and Two Family Dwelling Code, 1971 Edition, as amended and supplemented; each more particularily described as the Virginia Uniform Statewide Building Code, as amended and supplemented, as provided for by Title 36, Chapter 6 of the Code of Virginia 1950, as amended, of which not less than three (3) copies have been and now are filed in the office of the Clerk of the Circuit Court of Frederick County and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the County of Frederick. Section 2 . Penalty (a) An additional fee for not having obtained a building permit prior to commencing work shall be twenty -five dollars ($25.00). (b) It shall be unlawful for any owner or any other person, firm or corporation, to violate any such provisions of this ordinance. Any such violation shall be deemed a misdemeanor and owner or any other person, firm or corporation convicted of such a violation shall be punished by a fine of not more than five hundred dollars. Section 3. Saving Clause Nothing in this ordinance or in the building code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed or amended hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance. • Section 4. Validity Should any section of this ordinance-be decided to be invalid, or unconstitutional, such decision shall not affect the validity or constitutionality of any other section of this ordinance. Section 5. Effective Date This ordinance shall be in full force and effect upon passage. The above resolution was passed by the following recorded vote: Raymond C. u Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. PRESENTATION - PROPOSED PARK PROJECTS - PARKS & RECREATION DEPARTMENT Mr. Bob Fletcher, Frederick County Parks and Recreation Director, appeared before the Board and introduced Mr. James Bell, a recreational consultant who had completed a study on the two proposed park sites now under option to the County. Mr. Bell presented a proposed plan for the Hogue Creek Estates property and 1 stated that he felt this property was not very suitable for development inasmuch as only 35% of the land could be utilized including the flood plain area. He further stated that the cost of developing this property would be most prohibitive Mr. Bell then presented the proposed plan for the Sandy Estates property located in the Stephens City area and stated that after careful consideration and study of the property, it was his opinion that the property had great potential for park development in all respects. He stated that the location of the land was EL very good inasmuch as it was easily accessible-from various routes in the area. He pointed out the various facilities which could be developed at this site and stated that the Bureau of Outdoor Recreation was very receptive to funding.on this partic- ular piece of property. Mr. Cole asked if Mr.. Bell thought.the stream on the property was sufficient to support a lake of 12 to 14.acres as shown on the proposed plan and Mr. Bell stated that to his knowledge it would appear•to be sufficient. Mr. Cole then asked if the drain off from Fredericktowne would run directly into the proposed lake and Mr. Bell stated that it would. Mr. Cole stated that he felt the tract of land was too large and in a remote 11 • location in the County. Mr. Bell stated that the,.operational costs were much cheaper for a large park than for several smaller ones. There was'lengthy discussion as to .whether or not the property was located in an easily accessible location and whether or not a lake could be maintained on the property, with Mr. Bell contending that'the property was easily accessible and he ' felt a lake could be maintained on the property. Funding was discussed and Mr. Bell stated that a project such as this would • be accomplished in several phases and not all at one time and that this project was high on the priority list for funding at this time. Mr. Cole.stated, that he felt one -half of this tract'of land would be suffi- cient for a county park. Mr. Fletcher stated that funding was more readily available for larger tracts of land whereas it was not so available for smaller tracts. He further stated that the total cost of the proposed project, including the purchase price of the property, was $800,000 and that should funding be approved, the total cost to the County would be approximately $200,000. He further stated that the County had paid $165,000 for Clearbrook Park containing approximately 50 acres and this project would cost approximately $33,000 more but • would provide 300 additional acres. Mr. Cole stated that it was his understanding that the County had plans to , establish a park in each district and Mr. Fletcher stated that the Recreation Commission, under direction by the Board, had abandoned this plan. Mr. Madigan stated that the area of the proposed park has three districts in very close proximity to it and was easily accessible to residents of the County and is located in an area which is experiencing tremendous growth. Several citizens in the audience voiced their support of the proposed park • in the Stephens City area. Mr. Cole stated that he felt this issue should be put on the ballot in order - for the people to decide what they want. Mr. Madigan stated that he must disagree with this suggestion inasmuch as the purchase of Clearbrook Park was not put on the ballot in order for the people to decide whether they wanted it or not. Mr. Raynard Weisgerber asked how much taxes would have to be raised should the County purchase this property for a park and Mr. stated approximately ' 15 cents per hundred of assessed value, based on the present rate structure. Dr. Muriel Brown appeared before the Board representing a delegation of citizens in support of the proposed park project and stated that the project was desperately needed for all County citizens but most importantly for the young 59 people. She stated that the people must realize that-there are things we must consider of more value than money. Mr. Fletcher stated that the State was very much interested- in this area because of its accessibility from Route 50, Route 277 and Interstate Route 81. Mr. Bell stated that the Commission on Outdoor Recreation would be meeting sometime-in the near future and the County must decide as soon as possible whether or not they want to proceed with the application for funding on this project. Mr. Weisgerber appeared before the Board and presented a statement on behalf • • of the Frederick County Taxpayers Association. He cited various sections of the Code setting forth the requirements necessary for the purchase and development of park property by the County and stated that the Frederick County Taxpayers Associ- ation was not satisfied that these requirements had been met.. He stated that the Taxpayers Association was not opposed in general to the development of park land and recreational facilities for the County but were opposed to the decision making process which allows the commitment of thousands of of public funds without serious consideration of the suitability of the land in question for a park and without adequate consideration of the economic impact upon the County taxpayers. He stated that the Taxpayers Association urged the Board to carefully consider whether or not Frederick County could afford to purchase the property of the Sandy Estate, or any other property for park land at this time. Mr. Fletcher stated that this property was set forth, .under. option, on the County's Land Use Plan and the presentation presented to the Board tonight would given to the Planning Commission at their next meeting. He further stated that a decision must be reached by the Board at a very early date inasmuch as he would have to appear before the Commission on Outdoor Recreation sometime in November. Mr. Sandy thanked Mr. Fletcher and Mr. Bell for their presentation and the • Recreation Commission for attending the meeting. ORDINANCES - FIRST AND SECOND READINGS Rezoning Application - Dr. Byron A. Brill - Opequon District - First and Second Reading - 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 on first and second reading, the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 2.00 ACRES, MORE OR LESS, OF DR. BYRON A. BRILL, LOCATED ON THE NORTH SIDE OF ROUTE 735, BETWEEN ROUTE 11 AND INTERSTATE 81; HAVING A FRONTAGE OF 456 FEET AND A DEPTH OF 211 FEET: IN OPEQUON MAGISTERIAL DISTRICT: FROM AGRICULTURAL, GENERAL (A -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 - Leon B. Zeiger - Back Creek District - 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, Virginia, does herein approve on first and second reading, the following ordinance: AN ORDIANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 55 ACRES, MORE OR LESS, OF LEON B. ZEIGER LOCATED APPROXIMATELY 1/4 MILE SOUTH OF ROUTE 50, JUST WEST OF INTERSECTION WITH ROUTES 608 and 616, AND FRONTS ON BOTH SIDES OF , ROUTE 616; IN BACK CREEK MAGISTERIAL DISTRICT: FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTIAL, LIMITED (R -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 - Leon B. Zeiger - Back Creek District - First and Second Reading - Approved BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, II • Virginia, 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 2.562 ACRES, MORE OR LESS, OF LEON B. ZEIGER FRONTING ON THE SOUTH SIDE OF ROUTE 50 WEST, APPROXIMATELY 3/10 MILE FROM THE INTERSECTION WITH ROUTE-608: IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL GENERAL (A -2) 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. AN ORDINANCE TO AMEND AN ORDINANCE PASSED JUNE 26, • 1974, ENTITLED AN ORDINANCE REQUIRING THE FENCING " OF SWIMMING POOLS IN FREDERICK COUNTY, VIRGINIA - ' 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, Virginia, does herein approve, on first and second reading, the following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED JUNE 26, 1974, ENTITLED AN ORDINANCE REQUIRING THE FENCING SWIMMING POOLS IN FREDERICK COUNTY, VIRGINIA. 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. IMPOSING LICENSE TAXES ON BUSINESSES AN ORDINANCE TRADES, PROFESSIONS, OCCUPATIONS, CALLINGS, CARNIVALS AND CONTRACTORS; AND THE ESTABLISHMENT OF THE PRO- CEDURE FOR THE ASSESSMENT, COLLECTION AND ENFORCEMENT OF THE SAME IN FREDERICK COUNTY, VIRGINIA - 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, • Virginia, does herein approve, on first and second reading, the following ordinance: AN ORDINANCE IMPOSING LICENSE TAXES ON BUSINESSES, TRADES, PROFESSIONS, OCCUPATIONS, CALLINGS, CARNIVALS, AND CONTRACTORS; AND THE ESTABLISHMENT OF THE PROCEDURE FOR THE ASSESSMENT, COLLECTION AND ENFORCEMENT OF THE SAME IN FREDERICK COUNTY, VIRGINIA. 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 SUBMITTING PROPOSED LEGISLATION FOR THE VIRGINIA ASSOCIATION OF COUNTIES 1975 LEGIS- LATIVE PROGRAM - APPROVED 61 Mr. Madigan read the resolution in full. Mr. Renalds explained each of the recommendations within the resolution. Upon motion made by Richard F..Madigan and seconded by Donald R..Hodgson, WHEREAS, The Frederick County Board of Supervisors desires to submit certain proposed legislation for incorporation.into the Virginia Association of Counties 1975 Legislative Program, ,. BE IT RESOLVED, By the Frederick County Board of Supervisors that the following proposals be•requested to be included by the Virginia Association of Counties in their 1975 Legislative Program. •' 1. An amendment to Section 15.1 -466 Code of Virginia 1950 as amended, to permit local governments to require water, sewer, drainage facilities, and parks or recreational areas of subdivision developers. (See 1974 SB 487, SB 488, HB 752 and HB 890) 2. State -wide minimum subdivision standards and.site plan review. (See 1974 HB 369 and HB 879) 3. Provision for contract zoning and required conformity with .local comprehensive plans. ' 4. increase State reimbursement to localities for jail construction. 5. An amendment to Section 15.1 -1374 of the Code of Virginia, • 1950, as amended, to provide that an industrial facility which is located entirely within a jurisdiction must be approved by that community's industrial development authority or, if there is none, by its governing body. As the law is,written now, an industrial development authority of one jurisdiction can issue revenue bonds for an industry to locate in a foreign jurisdiction (providing the zoning is correct) even though for some reason that foreign jurisdiction does not want that particular industry. (See 1974 HB 70) BE IT FURTHER RESOLVED, That an attested copy of this resolution be forwarded to the Virginia Association of Counties. 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. • REPORT FROM COMMISSIONER OF REVENUE - TAX RELIEF FOR ELDERLY ' The following report was presented from the Commissioner of Revenue on the impact of tax relief for the elderly: Applications filed 23 Applicants eligible 20 Tax relief extended $1111.64 Total.tax on. $2035.00 ESTABLISHMENT OF TERMS OF MEMBERS ON NORTHWESTERN COMMUNITY MENTAL HEALTH & MENTAL RETARDATION SERVICES BOARD 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 following terms shall be authorized for the following persons serving on the Northwestern Community Mental Health and Mental Retardation Services Board: Reverend Warren Reeves - One Year Mrs. Joseph Sharp - Two Years ' II Mr. Robert Sowers - Three Years Mr. James Sumption - Three 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; HAIR 62 and Richard F. Madigan, Aye. RESOLUTION AUTHORIZING CHAIRMAN AND COUNTY ADMINISTRATOR'TO SIGN DEEDS FOR RIGHT -OF -WAY TO NEW LANDFILL - 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, Virginia, does herein authorize and direct the Chairman of the Board and the County Administrator.to execute on behalf of Frederick County, the necessary deeds'for.the acquisition of the right -of -way into the new landfill site. 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. UTILITY BILLS PAYABLE AT BANK OF FREDERICK COUNTY Mr. Renalds advised the Board that pursuant to their request, both C & P Telephone Company and Potomac Edison Company had made arrangements for the payment of utility bills at the Bank of Frederick County at their.Stephens City location. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT II THE BOARD OF SUPERVISORS DO NOW ADJOURN. i l • L L • r