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September 14, 1970�s At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the 14th day of September, 1970. PRESENT: Thomas B. Rosenberger, Chairman; J. Robert Russell, Donald L. Baughman, Thomas B. Brumback, and Raymond C. Sandy. The minutes of the last meeting held on the 10th day of Aggust, 1970, were ' read and approved. At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the 14th day of September, 1970. PRESENT: Thomas B. Rosenberger, Chairman; J. Robert Russell, Donald L. Baughman, Thomas B. Brumback, and Raymond C. Sandy. The minutes of the last meeting held on the 10th day of Aggust, 1970, were ' read and approved. REPORTS: Upon motion duly made and seconded the reports of Harry L. McCann, Treasurer; Esten 0. Rudolph, Commissioner of Revenue;;Lacy H. Anderson, Sheriff of Frederick County; E. Eugene Gunter, . County Attorney; Roberta A. James, Department of Welfare, ' Pauline Baccary,Home Demonstration Agent; John Wolfe, County Agent,; and H. C. Crowder, Road Engineer were read and approved. 1 COUNTY AGENT. ASSISTANT - EMPLOYED Upon motion of Thomas B. Brumback and seconded by J. Robert Russell, Be it resolved, That the Board does hereby approve the appointment of Marshall Glass as Assistant County Agent for Frederick County. The above resolution was passed. COMMUNITY COLLEGE - APPROPRIATION Upon motion duly made and seconded, Be it resolved, that the Board does hereby approve the payment Due through June 30" 1970, in the amount of $27,788.71, to the Lordd Fairfax Community College. The above resolution was passed. ' I SPECIAL DEPUTY APPROVED - Upon motion duly made and seconded, Be it resolved, That the board approved a Special Deputy for patrol at the Dump with present personnel' of if necessary the Sheriff may hire a Special Deputy for this purpose and the Board will pay him. I ROADS - SECONDARY SUDGEP - 1970 -1971 Upon motion of T. B. Brumback and seconded by J. Robert Russell, Be it resolved, That the Board of Supervisors of Frederick County hereby accepts and approves the 1970 -1971 Secondary System MaI-ntenancer,y,Maintenance Replacements, and Construction Budget for the Highway Department for Frederick County. ACCESS FUNDS - C & P BUILDING ' 1 INDUSTRIAL Upon motion of T. B. Brumback and seconded by J. Robert Russell, BE IT RESOLVED: That the State Highway Commission be requested to construct an access road to the proposed building of the Chesapeake and Potomac Telephone Company, Eingineering and Construction Division. Utilizing Industrial Access funds as provided in Section 33 -136 of the code of Virginia of 1950 as amended, this road to extend from the end of maintenance of Rcu to 847 to .16 mile north. SHAWNEELAND - APPROVED - ENON SPRINGS - SECTION 30, PLAT S ; FINAL PLAT Upon motion of J. Robert Russell and seconded by T. B. Brumback, Be it resolved, That the Board does approve the recordation of Plats and Deed of Dedication on Shawneeland, Enon Springs, Section 21, plat 1, and Section 30, Plat 5, Final Plat for final approval and are ordered to be recorded. The above resolution was passed. 52 WILLIAMSBURG HEIGHTS - FINAL APPROVAL Upon motion duly made and seconded, Be it resolved, That the Board does hereby'approve the plat of Williamsburg Heights Sub- division Back Creek District, Frederick County, Virginia for final approval and recordation. The above resolution was passed. ROCK FESTIVAL - ORDINANCE - HEARING - ADOPTED Upon motion of J. Robert Russell and seconded by Donald L. Baughman, Be it resolved, That after a duly advertised Public Hearing the following ordinance was adopted: An ordinance relating to musical or entertainment festivals condudted in open spaces not within an enclosed structure; providing for definitions; requiring special entertainment for the holding of any such musical or entertainment festivals, and iding for issuance of same; setting standards and conditions for theiissuance of same; setting standards and conditions for the issuance of permits; prohibiting music or more than eight (8) hours in any twenty -four (24) hour period; providing that persons unde . age of 18 years of age attending such festivals must be accompanied by a parent or guardia iding for inspection of premises and revocation of permits; providing penalties; providing severability of provisions; providing fdr liberal construction; and providing an effective WHEREAS, the Board of Supervisors recognized that it is necessary and proper enact an ordinance in the interests of the public health, safety and general welfare to ide for the control and regulation of musical or entertainment festivals conducted in the and of groups or gatherings of persons for the purpose of listening to or participating in such festivals; and WKEREAS, notice having been given in the manner prescribed by law of the intent the Board of Supervisors to propose this ordinance for passage. NOW, THEREFORE, be it ordained by the Board of Supervisors of Frederick County: Section 1. This ordinance is enacted pursuant to Section 15.1 -510 of the Code Virginia for the purpose of providing necessary regulation for the conducting of musical entertainment festivals conducted in open spaces not within an enclosed structure and of gathering or groups of individuals for the purpose of listening to or participating in which consists primarily of musical renditions conducted in open spaces not thin an enclosed structure in the interest of the public health, safety, and welfare of the citizens and inhabitants of Frederick County, Section 2. When used in this ordinance, the following words shall mean:' (a) Board shall mean the Board of Superivsors of Frederick County, V1 (b) Musical or entertainment festival shall mean any gathering of groups or individuals for the purpose of listening to or participating in entertainment which consis primarily of musical renditions conducted in open spaces not within an enclosed structure. Section 3. (a) No person, firqi, corporation or partnership shall stage, L conduct any musical or entertainment festival in the unincorporated areas of Frederick there shall have been first obtained from the Board a special entertainment permit , said Festival. (b) Application for such special entertainment permits shall in writing on forms provided for the purpose and filed in duplicate with theClerk of the at least twenty -one (21) days before the date of such festival. Such application shall attached thereto and made a part thereof the plans, statements, approvals and other 53 documents required by this ordinance. A copy of such applications shall be sent be certi- fied mail by the'.Clerk to each member of the Board the day such applications are filed. (c) The Board shall act on such applications within ten (10) days from n the filing of the same. If granted, the permit shall be issued in writing on a form for : the purpose and mailed by the Clerk to the applicant at the address indicated. If denied, the refusal shall be in writing and the reasons for such denial stated thereir),and mailed by the Clerk to the applicant at the address indicated. following conditions are met and the Section 4. Such permit shall not be issued unless the /following plans, state- ments and approvals submitted to the Board with the application: (a) Said application for special entertainment permit shall have at to it a copy of the ticket or badge of admission to said festival, containing the date or dates and time or times of said festival, together with a statement by the applicant of the total number of tickets to be offered for sale and the best reasonable estimate by the applicant 0 th+umber of persons expected to be in attendance. (b) A statement of the name and address of the promoters of the festival, the financial backing of the festival, and the names of all persons or groups who will perform at said festival. (c) A statement of the location of the proposed festival, the name and address of the owner of the property on which said festival is to be held, and the nature and interest of the applicant therein. (d) A plan for adgquate sanitation facilities and garbage, trash and i sewage disposal for persons at the festival. This plan shall meet the requirements of all state and local statutes, ordinances, and regulations, and shall be approved by the county health officer. (e) A plan for providing food, water, and lodging for the persons at the festival. This plan shall meet the requirements of all state and local statutes, o ordinances, and regulations, and shall: -be approved by the county health officer. (f) A plan for adequate medical facilities for persons at the festival, approved by the county health officer. (g) A plan for adequate parking facilities and traffic control in and around the festival area. (h) A plan for adqquate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the county forest warden. (i) A statement specifying whether any outdoor lights or lighting is to be utilized, and if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located. (J) A statement that no music shall be played, either by mechanical unreasonably audible beyond the property on which the festival is located. device or live performance, insuch a manner that the sound emanating therefrom shall be Section 5. Music shall not be rendered nor entertainment provided for more than eight (8) hours in any twenty -four (24) hours period, such 24 hour peridds to be from the beginning of the first performance at said festival. Section 6. No person under the age of eighteen (18) years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with the said person at all times. Section 7. No permit shall be issued under this ordinance unless the applican shall furnish to the Board written permission for the Board, its lawful! agents, or duly 5 4 constituted law enforcement officers to go upon the property at any time for the purpose of determining compliance with the provisions of this ordinance. The Board shall have the right to revoke any permit issued under this ordinance upon noncompliance with any of its provisions and conditions. :r!t: Section 8. Any person, firm or corporation who violates any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding Three Hundred Dollars ($300.00) or by confinement in jail not exceeding Thirty(30) days, or by both such fine and imprisonment.. Each violation shall constitute a separate offense. The Board may bring suit in the Circuit Court of Frederick County to restrain, enjoin, or otherwise prevent violation of this ordinance. , SECTION 9. Should any section, subsection, sentence, clause or phrase of this ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the ordinance in its entirety or of any part thereof other` han) than so declared to be invalid. Section 10. The provisions of this ordinance shall be liberally construed , in order to effectively carry out the purposes of this ordinance in the interest of the public health, welfare and safety of the citizens and residents of Frederick County. Section 11. This ordinance shall be in full force and effect upon adoption by.the Board of Supervisors of Frederick County. FOREST LAKE ESTATES - TRAILER PARK PERMIT - APPROVED Upon motion of Raymond Sandy and seconded by Thomas B. Brumback, Be it resolved, That the Trailer Park Permit be granted to T. G. Adams, owner of the Forest Lake Estates near Stephens City, Virginia. The above resolution was passed. TRAILER PERMITS - APPROVED The following trailer permits were approved: ' Herbert B. Cook Myrtle Newlin Ronald Phelps Edwin B. Dovell John Bell Holmes R. Nail Ronald Myers The permits of C. Wilson Fletcher and Oliver L. Payne were disapproved. COUNTY TAG - DECAL Upon motion of Donald L. Baughman and seconded,by J. Robert Russell, Be it resolved, That the Board voted to have a Decal for the County Tag next year. It was decided to have a contest at the James Wood High School Art Students for a design on the Decal with a prize of $10.00 to the winning design. The above resolution was passed. ' REZONING PETITIONS - BOYD HAMMAN & C&P TELEPHONE COMPANY FARMERS & MERCHANTS NATIONAL BANK Referred to Planning Commission UNION OIL & HUMBLE OIL REFINING COMPANY Upon motion of Donald L. Baughman and seconded by Raymond Sandy, Be it resolved, That the Board does hereby refer the petitions for rezoning of Boyd Hammon & C&P Telephone Company, Farmers & Merchants National Bank, and Union Oil ' i and Humble Oil Refining Company be referred to Planning Commission. j Upon motion duly made and seconded, The board agreed to have the County Offices on Loudoun Street be repaired on a time and material basis. —' -- '55 PLAZA PARKING LOT - RE- SURFACE - ANGLE PARKING Upon motion of Donald L. Baughman and seconded by T. B. Brumback, Be it resolved, That the Board will repave, replace meters on the Plaza parking lot along with making the lot into angle parking. The above resolution was passed. " I NIGHT MEETING - SEPTEMBER - CANCELLED The night meeting for September will be cancelled. REGULAR MEETING TIME CHANGED TO 10:00 A.M. The Board agreed to have the regular board meeting at 10:00 for the 06tober meeting and thereafter. LAKE HOLIDAY ESTATES - APPROVAL OF 150 TATS At the regular meeting of the Frederick County Board of Supervisors on Kgnday, - " September 14, 1970, it was duly moved and seconded and passed by a recorded vote of three yeas - J. Robert Russell, T. B. Brumback, and T. B. Rosenberger - to two nays, Raymond Sandy, and Donald Baughman - that the Deed of Dedication and plat and survey of Section One, Lake Holiday Estates be approved. There was much discussion on this Resolution and it was necessary for the Chairman to vote in order to break the tie of two yeas and two nays cast by the other four members of the Board. The bone of contention was that the land upon whibh this sub- division was located was originally sold and originally rezoned on the grounds that lake Holiday Estates would be a first class development with central water and central sewerage, but that the first section was now requested to be approved on a separate sewerage system basis for each lot with certain conditions. Before the vote was taken, it was pointed out and agreed that all succeeding sections of Lake Holiday Estates would have to be presented for similar approval and the existence or the progress of a central sewerage system could be and would be considered at such times as any further sections are presented for approval. ACCOUNTS PAYABLE Accounts totaling $62,365.18 were read and approved and ordered to be ppid from the General County Fund by Warrants #6698 and 6785 inclusive; Livestock Fowl Claims and Dog Warden's Salary totaling $4,650.59 were read and ordered to be paid from the Dog Fund 1u by Warrants #356 and 377 inclusive. L UPON MOTION DULY MADE AND SECONDED, THE BOARD DO NOW ADJOURN.