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October 12, 1970 to March 08, 197156 At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the 12th day of October, 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 14th dayoof September, 1970, were read and approved. , REPORTS: Upon motion duly made and seconded the reports of Harry L. McCann, Treasurer; Esten 0. Rudb1ph, 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. UNION OIL COMPANY SHENANDOAH GAS COMPANY REZONING - PUBLIC HEARINGS FARMERS & MERCHANTS NATIONAL BANK Upon motion duly made and seconded, Be it resolved, upon recommendation of the Planning Commission, the Board does hereby set the following Public Hearings on November 9, 1970: Union Oil Company - 4:30p.m. Shenandoah Gas Company - 4:45 p.m. F & M National Bank - 5:00 p.m. DOG WARDEN - NEW RADIO Upon motion duly made and seconded, Be it resolved, That the Board does hereby approve the purchase of a motorola radio for the dog warden's truck, The above resolution was passed. MEADOWS SUBDIVISION - REQUEST TO BE ADDED TO HIGHWAY SYSTEM Upon motion duly made and seconded, BE IT RESOLVED, That Highlander Road, Meadowbrook Drive, and Meadowlark Lane in "The Meadows" Subdivision, be added to the Secondary Highway System of Frederick County as follows: Highlander Road: From Route 277 to Meadowbrook Drive. Length 0.32 Mile Meadowbrook Drive: From Highlander Road to 0.03 Miles North of Meadowlark Lane. Length 0.12 Mile Meadowlark Lane: From Meadowbrook Drive to Highlander Road. Length 0.17 These Streets have been constructed in accordance with the Frederick County Subdivision ordinance and the Highway Departments policy for Subdivision Streets, an un- restricted right of way 60 feet in width is guaranteed, this right of way is recorded in Deed Book 353 Page 658, Dated May 11, 1970. The above resolution was passed. The Board chose 2 drawings of Joyge Mongold and Betty Lively. After having a proof made up of both drawings, a choice will be made as to the best drawing. Upon motion duly made and seconded, Be it resolved, That the Board does hereby authorize the Commissioner of Revenue to get a sticker for identification on trailers. The above resolution was passed. 57 LAKE HOLIDAY ESTATES - PETITION TO:AMEND SUBDIVISION ORDINANCE Upon motion of Donald Baughman and seconded by T. B. Brumback,' Be it resolved, The Board will refer the petition and Letter on Amendments to subdivision irdinance be referred to the Planning Commission. The above resolution was passed. ' SHAWNEELAND - PLATS APPROVED Upon motion duly made and seconded, Be it resolved, The board does hereby approve the recordation of the Deed of Dedication on the following plats: Beaver Lake, Plat 4 &5, Section 16 Huntington Plat 4, Section 18 Grandview - Plat 4, Section 19 The above resolution was passed. CEDAR GROVE SUBDIVISION - DIVIDE INTO 3 LOTS Upon motion duly made and seconded, Be it resolved, That the four lots of Cedar Grove Subdivision be divided into 3 lots for purpose of percolation test on lots. AIR POLLUTION CONTROL ORDINANCE - ADOPTED ON FIRST & SECOND READING - PUBLIC HEARING Upon motion of T. B. Brumback and seconded by Donald L. Baughman, Be it resolved, That after reading of the Ordinance on Air Pollution, it was ' passed on the First and Second:_ reading with revisions. The said ordinance was advertised for Public Hearing on November 9, at 3:00 P.M. WEED ORDINANCE - ADOPTED ON FIRST & SECOND READING - PUBLIC HEARM Upon motion duly made and seconded, Be it resolved, That the board does hereby approve the Weed Ordinance on the first and seconded reading, a public hearing will be held November 9, 1970, at 2:45 p.m. VIRGINIA ASSOCIATION OF COUNTIES - ANNUAL DUES Upon 'motion iduly ;made and, seconded, BE IT RESOLVED, THAT the By -Laws of the Virginia Association of Counties, Article II, Section (a) be amended and readopted to read: The annual membership dues of a county shall be three cents W) per capita ' for each ,jurisdiction, provided that no Jurisdiction shall pay membership dues in excess of twelve thousand dollars ($12,000) in any one fiscal year. The population of a county shall be the current estimated population as determined by some competent research agency selected by the Executive Board such as the Bureau of Population and Economic Research ' of the University of Virginia. The above resolution was passed. RE- PAVING PLAZA - CONTRACT AWARDED Upon motion duly made and seconded, Be it resolved, That the Board does accept the low bid of Buckley and Lages for $3,890.00 to repave the Plaza Parking Lot as soon as possible. The above resolution was passed. PARKING M M Upon motion duly made and seconded, Be it resolved, That the board will order 15 double and 5 single meters for the Plaza Parking Lot. The above resolution was passed. ART EXHIBIT - TO USE PART OF PLAZA Upon motion duly made and seconded, Be it resolved, The board granted permission for the Art Exhibit to use the portion of Plaza behind Court House for exhibits of Art the 3rd week of May, 1971. The above resolution was passed. TRAILER PERMITS - APPROVED The following trailer permits submitted by the Commissioner of Revenue were approved: Charles Robert Armel, Jr. Clan Hott Francis Lages Garland Malick Beverly Gardner DOG FENNEL - LIGHT INSTALLED Upon motion duly made and seconded, Be it resolved, the board agreed to have a dusk to dawn light installed at the Frederick County Dog Kennel. The above resolution was passed. WILLIAMSBURG HEIGHTS It was duly moved, seconded, and unanimously passed. That the cities position as set forth in Mr. Swiger's letterof September 28, be approved by this board, and that the attorney for the board be directed to write a letter to the addressee of the aforesaid letter advising H. W. Butler, Jr., and the other addresses that any future sections of Williamsubrg Heights be revised, if necessary to reflect the Southern loop of the Winchester Thoroughfare as previously approved by Winchester Common Council, Frederick County Board of Supervisors, and Virginia Dept. of Highways. MOUNTAIN ROAD AT GORE - SPECIAL APPROPRIATION On the 12th day of October, 1970, at a regular meeting of the Frederick County Board of Supervisors, a Resolution was duly made, seconded, and unanimously passed as follows: "BE IT RESLVED that the Frederick County Board of Supervisors does hereby request the Virginia Department of Highways to make a special appropriation to make the neces improvements on the private road referred to as the Mountain Road behind Gore, Virginia, in Back Creek Magisterial District of Frederick County and to take the sdidr:Mountain Road into the State Highway System after the necessary minimum standards have been satisfied. The said Mountain Road begins at U. S. Route 50 at or near Gore, Virginia and runs South for a distance of .6 miles. The bridge on this road over Back Creek has caved in and there are no funds to repair it. The road in question serves approximately twenty -five families. It should be specifically understood that this request for appropriation is on a special basis and is not intended to affect the new addition money allocated to Frederick ,, J County by the Virginia Department of Highways for this year or for any subsequent year." "BE IT FURTHER RESOLVED that an attested copy of this Resolution be sent to Douglas B. Fugate, Commissioner of the Virginia Department of Highways; R. C. Ambler, Distri Engineer of Virginia Department of Highways; A. C. Crowder, Resident Engineer of Virginia Department of Highways; R. C. King, Assistant Resident Engineer of Virginia Department of Highways; Flournoy L. Largent, Jr., Delegate to Virginia House of Representatives; and J. Kenneth Robinson, State Senator. The Clerk is directed to determine the proper addresses for the aforesaid parties and to dispatch the copies as aforesaid.? D. K. RUSSELL - MEMORIAM At a regular meeting of the Frederick County Board ofSupervisors on Monday, October 12, 1970, the following resolution was duly moved, seconded, and unanimously passed: "BE IT RESOLVED that the Frederick County Board of Supervisors, on its own behalf and on behalf of all of the people of Frederick County, does hereby express its deep and hearnit sorrow at the passing of a great citizen and public servant of Frederick County, D. K. Russell. It is the unanimous opinion of this Board that the said D. K. Russell will be sorely missed by the people of this County, but the memory of his wonderful and numerous deeds for the benefit of the County and the memory of his attitude, disposition, and public spirit will not soonlrbe` forgotten." "BE IT FURTHER RESOLVED that a copy of this Resolution be spread upon the Minute Book of the Board of Supervisors of Frederick County, Virginia, and that a copy of this Resolution be forwarded by the Clerk of this Board to the family of the late D. K. Russell as an act of gratitude and appreciation for his services to the County of Frederick during his lifetime." ACCOUNTS PAYABLE Accounts totaling $27,998.52 were read and approved and ordered to be paid from the General County Fund by Warrants #6786 and 6891 inclusive; Livestock Fowl Claims and Dog Warden's salary totaling $1,663.65 were read and ordered to be paid from the Dog Fund by Warrants #378 and 391 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. AMENDMENT TO MINUTES ' NEFFSTOWN PRECINCT - NEW VOTING PLACE WHEREAS, it appears that the voting place in Neffstown Precinct, Stonewall Magesterial District, is no longer suitable or available as a voting place in said Precinct; and WHEREAS, it further appears that the facilities of Earl Shade's Garage are available for said purpose and that such place is a suitable voting place for said Precinct. NOW, THEREFORE, be it resolved that Nelson's Garage be, and the same is hereby, abolished as the voting place in Neffstown Precinct, Stonewall Magisterial District, and that the voting place for said Precinct be, and the same hereby is, hereafter established as Earl Shade's Garage. BE IT FURTHER RESOLVED that the Acting Commonwealth's Attorney fdri °Frederick County be, and he is hereby, authorized to petition the Circuit Court of Frederick County in the name of the Board of Supervisors of said County for the Change of said voting place in Neffstown Precinct in the manner set forth in Section 24 -46, Code of Virginia (1950), as amended. so At a regular meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the 12th day of November, 1970. PRESENT: Thomas B. Rosenberger, Chairman; J. Robert Russell; Donald L. Thomas B.Brumback. and Raymond C. Sandy. The minutes of the last meeting held on the 12th day of•October,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. KENRAY - REZONING - REFERRED TO PLANNING COMMISSION Upon motion of Donald L. Baughman and seconded by Robert Russell, Be it resolved, That the Petition of Kenray property be referred to the Planning Commission. The petition was amended to include a Parcel of 27 acres on the petit The above resolution was passed. RURAL HEALTH PROGRAM Richard Shipman, of the Department of Agriculture, appeared before the board and explained the channels to proceed through in order to initiate the Rural Health Program. �• D wmzf •�- Richard Streit, Dog Warden appeared before the board and gave his report. SHERIFF - JAIL A group of ministers representing the Local Ministerial Association reported to the board •that the visiting place at the ,jail was not satisfactory. � Sheriff Lacy Anderson interjected that additional personnel hadbeen asked for to help alleviate this program, but it had been denied by the Compensation Board. DUMP - CONTRACT AWARDED Upon motion of Thomas Brumback and seconded by Robert Russell, Be it resolved, That the Dump Contract continue at present policy of not asking for competitive bids and H. C. Christianson was awarded the contract for two years (1971 -1972 at $45,500.00, per year. The above resolution was passed. The County Attorney was to draw the Contract between County and H. C. Chris Donald L. Baughman abstained from voting. ROLLING FIELDS - MEADE DRIVE - ADDED TO HIGHWAY SYSTEM Upon motion of Donald Baughman and seconded by T. B. Brumback, BE IT RESOLVED, That Mead Drive and Village Road in Rolling Fields Subdivision, Block C, be added to the Secondary Highway System of Frederick County as follows. Meade Drive: From Route 807 East .13 Mile to a Cul _ de = Sac. Length .13Mile Village Road: From Meade Drive South .16 Mile to a temporary Cul -de -Sac. Length .16 Mile. These streets have been Constructed by the Developer in accordance with the I. Frederick County Subdivision ordinance and the Highway Department Policy for Subdivision 61 Streets. A 60 foot unrestricted right of way is guaranteed. This right of way is recorded in Deed Book 317, page 20 dated Dec. 1:2, 1965• The above resolution was passed. SILCO STORES - INDUSTRIAL ACCESS ROAD - APPROVED ' Upon motion of Tom Brumback and seconded by Donald L. Baughman, BE IT RESOLVED: That the Department of Highways be requested to utilize Industrial Access fund9bursuant to section 33 -136.1 of the 1950 code of Virginia, as amended, to participate in the Construction of an access road from Route 783 east .30 Mile to serve ' a processing warehouse being constructed by Shockey Realty Co. for Silco Stores, Incorporated Shockey Realty Co. has agree to provide a 60 foot unrestricted right of way, gradg, drain anduplace 8 inches of Crdshed Shone base with bituminous prime in accordance with the current Department of Highways specifications as their contribution toward this access road. The. is 80% complete and is expected to be completed December 15, The above resolution was passed. MIDDLETOWN AMBULANCE - TITLE HELD BY COUNTY Upon motion of Donald L. Baughman and seconded by Raymond Sandy,. Be it resolved, That the County shall retain title to the ambulance of Middletown Fire Company, which will be purchased with the aid of a grant from the Dept. of Transportation National Highway Safety Bureau. The insurance on said vehicle will be maintained by Middletown Fire Company. The above resolution was passed. BARNHART TATS - ACCEPTED Upon motion of Robert Russell and seconded by T. B. Brumback, Be it resolved, The Barnhart Lots, on Route 789, Gainesboro District be approved subject to approval of the Health Department. The above resolution was passed. Upon ;motion of T. B. Brumback and seconded by Raymond C. Sandy, Be it resolved, That the Weed Ordinance, after duly advertised Public Hearing is adopted as follows: Section 13 -12.1 Allowing Weeds and other Undergrowth to Exist on any Lot in a Platted Subdivision It shall be unlawful for the owner of any lot in any platted subdivisions ' to allow weeds and undergrowth on such lot so as to endanger the public health and welfare of the Community. The health officer or officers of Frederick County shall be responsible for the administration of this Ordinance, including the swearing out of criminal warrants for the violation thereof. COUNTY EXECUTIVE - EXPENSES APPROVED Upon motion duly made and seconded, Be it resolved, That Steve Carnes, Jr., shall be reimbursed in the amount of $916.64 for expenses incurred by him in the selection of an County Executive Secretary The above resolution was passed. TOO LAKE HOLIDAY ESTATES - ADDITIONAL AMENDMENTS Upon motion duly made and seconded, Be it resolved, that the additional amendments of Lake Holiday Estates be referred to the Planning Commission. AIR POLLUTION CONTROL ORDINANCE - ADOPTED Upon motion of Thomas Brumback and seconded by Raymond C. Sandy, Be it resolved, That after a duly advertised Public Hearing the following ordinance was unanimously passed: TITLE This ;ordinance shall be known and cited as the Countyc -of Frederick Air Pollution Control Ordinance. I. Authority and Declaration of Policy (a) Pursuant to Section 10 -17.30 of the Code of Virginia of 1950, as amended, there is hereby established an air pollution control program for the purpose of preserving and the air resources of the County of Frederick so as to promote health, safety and welfare and to prevent injury to human, plant and animal life or to property. (b) In the administration and enforcement of this ordinance due regard shall be taken for all of the facts and circumstances bearing upon the reasonableness of the activity invol and the regulations proposed to control it including: '(1) The character and degree of injury to, or interference with safety, health or the reasonable use of property which is caused or threatened to be caused; (2) The social and economic value of the activity involved; (3) The suitability or unsuitability of such activity to the area in which it is located; (4) The practicability, both scientific and economic, of reducing or eliminating the discharge resulting from such activity. (c) Nothing in this ordinance shall be in any manner so construed as authorizing or permitting the creation or maintenance of a nuisance. (d) Nothing in this ordinance shall be so construed as to abridge, limit, or otherwise impair the right of any person to damages or other relief on account of injuries to persons or property and to maintain any action or other appropriate proceeding therefor. II. Relationship to State Rules All provisions of this ordinance are intended to be a re- emphasis or more restrictive local application of Rules adopted by the State Air Pollution Control Board pursuant to the Air Pollution Control Law of Virginia, Title 10, Chapter 1, 2,.Section 10 -17.10 through Section 10- 17.30, of the Code of Virginia of 1950, as amended. All prohibitions in the State Rules and any amendments thereto against other air pollutants not covered in this ordinance shall also be applicable and enforceable under the provisions of this ordinance. III. Powers and Responsibilities of Air Pollution Control Officer (Agency) In addition to any other powers vested in it be the law the local department or office to be designated shall act as Air Pollution Control Office (Agency) for the County of Freder In this capacity it shall: (a) Conduct studies and investigations relating to air pollution and its prevention, abatement and control. (l): Issue such orders as may be necessary to the purpose of this ordinance and enforce the same by all appropriate administrative and judicial proceedings. (c) Encourage voluntary cooperation by owners or other persons to achieve the purpose F1 of this ordinance. 63 (d) Advise, consult and cooperate with other local govermental units or agencies of the State and Frederal governments in matters relating to air pollution. IV. Open Burning (a) Except as noted below, no owner shall kindle an open fire in any public or private I place outside any building. Such exceptions shall not allow the burning of rubber tires, ' asphaltic materials, used crankcase oil, or similar materials which produce dense smoke. During the existence of an air pollution alert, as may be declared by appropriate authority, all exceptions are void and no open fires shall be kindled. (b) No owner shall conduct salvage operations by open burning. ' (c) The foregoing prohibitions against open burning are not intended to apply to the following: (1) Burning of material such as household rubbish and garbage, leaves, or lawn and garden slippings originating on the premises of a landowner, but only where service for the removal of refuse is not available. (2) Recognized practices of agriculture for the clearing of land and disposal of scrubby trees, brush, weeds, or other plant life. (3) Open burning by the order of any public official in the performance of his ' duties for the prevention of an irregular or non - recurring hazard which cannot be reasonably abated by other means, or for the instruction of fire fighting personnel. (4) Open burning for the cooking of food, or recreational purposes such as camp fires. (5) Open burning for heating by construction or other workmen. ' (d) Open burning for the purpose of right -of -way clearing by the State Highway Departmen or by any public service corporation or by any contractor pursuant to the terms of his contract and under the direction of a representative of such Department or public service corporation may be authorized by the Air Pollution Control Officer of Agency. (e) Open burning for reforestation, when undertaken in complicance with the practices recommended by the State Division of Forestry, Department of Conservation and Economic Development, may be authorized by the Air Pollution Control Officer or Agency. (f) Open burning by a railroad company of combustible material on its right -of -way as a forest fire preventive measure under the direction of the State Division of Forestry, Department of Conservation and Economic Development, may be authorized by the Air Pollution Control Officer or Agency. V. Smoke and Other Visible Emissions ' (a) No owner shall allow the operation of any combustion installation so as to discharge into the outdoor atmosphere any smoke or other visible emissions of particulate matter either (1) darker in shade than that designated as No. 2 on the Ringelmann Smoke Chart published by the U. S. Bureau of Mines (Information Circular 8333 dated May 1967, or later revision.) (2) of such opacity as to obscure an observer's view to a degree greater than does smoke designated as No. 2 on the Ringe Smoke Chart (when used as a measure of opacity). (b) The foregoing restrictions are not intended to apply in the following circumstances: (1) When building a new fire, cleaning a fire box, blowing soot from a boiler, or when operational requirements occur which make it evident that' was not reasonably preventable; smoke which is darker that No. 2 on the Ringelmann Smoke Chart may be emitted for a reasonable length of time. (2) When the owner can show to the satisfaction of the Air Pollution Control Officer or Agency that the opacity of the visible emissions is due to the presence of water vapor. Te a , (3) When the owner can show that the emissions comply with emissions standards contained in Rules promulgated by the State Air Pollution Control Board. (4) When emergency equipment to prevent frost damage is used in agricultural operation, except that "smudge pots" are not included in this exception. (c) When a breakdown of equipment or other unavoidable malfunction or condition beyond the owner's control occurs, emissions darker that no. 2 on the Ringelmann Smoke Chart may bo permitted by the Air Pollution Control Officer or Agency. The owner shall not be deemed in violation if he gives notification within 24 hours of the circumstances and outlines a corrective and preventive program acceptable to the Air Pollution Control Officer or Agency. VI. Emergency Procedure Notwithstanding the provisions of this ordinance or any other provision of law, if the Air Pollution Control Officer or Agency finds that any owner is causing or contributing to air pollution and that such pollution creates an emergency which requires immediate action to protect the public health or safety, he shall order such owner to reduce or discontinue immediately the air pollution and such order shall be complied with immediately. VII. Penalty for violation Each violation of any Section of the County of Frederick Air Pollution Control Ordinance shall be punishable by a fine of not less than Fifty Dollars($50.00) nor more than Five Dollars ($500.00). Each day of continued violation of this ordinance shall constitute a distinct and separate offense. VIII. Separability Clause Should any section, subsection, sentence, clause or phrase of this ordinance be invalid by a court of competent jurisdiction, such decision shall not affect the dalidity of the ordinance in its entirety or of any part thereof other than that so declared to be LACY H. ANDERSON - AIR POLUTION CONTROL OFFICER - APPOINTED Upon motion duly made and seconded, Be it resolved, that Lacy H. Anderson, Sheriff be appointed Air Pollution Officer to enforce the Frederick County Air Pollution Control Ordinance. The above resolution was unan im ously passed. DOG KENNEL - EITWYMENT OF MARSHALL WILLIAMS, ET AL, TO FEED DOGS, ETC. Upon motion duly made and seconded, and unanimously passed, That the County employ Marshall Williams and family to feed and tend to the dogs and clean the dogs pens at the Frederick County Dog Kennels for the amoLint of $60.00 per month. SHAWNEELAND - PLATS APPROVED Upon motion duly made and seconded, Be it resolved, That the Plats and Deed of Dedication for Shawneeland, Enon Springs, Plat 1 & 2, Section 22, Grandview Plat 5, Section 19 be approved for recordation. The above resolution was passed. ART EXHIBIT - PREVIOUS MINUTE RESCINDED Upon motion of Donald L. Baughman and seconded by Thomas B. Brumback, Be it resolved, That the Board rescind the former minute approving the area in back of Court House for Art Exhibit and approve the area in front of the Court House for Art Exhibit plannAd in May, 1971. J The above resolution was passed. 65 TRAIL PERMITS - APPROVED The trailer permit of Issac Luttrell was approved by the board. UNION OIL COMPANY ) REZONING .- .FINAL APPROVAL HUMBLE OIL COMPANY) ' Upon motion of Raymond Sandy and seconded by Donald L. Baughman, Whereas, after due reference, publications and public hearings held as provided by law, the Frederick County Planning Commission has recommended and reported favorably upon the petition for rezoning of Union Oil Company of California and Humble Oil and Refining Company and the Frederick County Board of Supervisors has found that public necessity, conven ' ience, general welfare and good zoning practice required the hereinafter set forth rezoning amendment, Nov Therefore be it resolved, that the rezoning of approximately 10.466 acres of land of Union Oil Company of California and Humble Oil and Refining Company, lying and being situate along State Route 277, ,just East of Stephens City, Virginia, in Opequon Magisterial District, Frederick County, Virginia be rezoned from A -1 to B -2. The above resolution was passed. Supervisor Thomas B. Brumback abstained from voting. DUMP CONTRACT Asbury Morrison appeared before the board asking the board to let the Dump Contract on Competitive bids, such appearance being made beforeffinal:iaction. Donald L: Baughman expressed, opinion that he zias in favor of competitive bidding. FARMERS AND MERCHANTS NATIONAL BANK - REZONING- WITHDRAWN The rezoning of Farmers and Merchants National Bank came on for Public Hearing: The attorney for the Farmers And Merchants National Bank appeared before the board asking that the petition be withdrawn:. SHENANDOAH GAS COMPANY - REZONING - FINAL APPROVAL Upon motion of Donald L. Baghman and seconded by Raymond Sandy, Whereas, after due reference publications and public hearings held as provided by law, the Frederick County Planning Commission has recommended and reported favorably upon the petition for rezoning of Shenandoah Gas Company and the Frederick County Board of Supery has found that public necessity, convenience, general welfare and good zoning practice required the hereinafter set forth rezoning amendment; Nov, Therefore, Be it unanimously resolved that the petition to rezone a certain tract or parcel of land owned by Shenandoah cGas Company and Boyd J. Hamman, located on Virginia Route 647, near the Kernstown Exit of Interstate Route 81, in Shawnee District of Frederick County, Virginia, be rezoned from A -2 to B -2. The above resolution was passed. .i EXECUTIVE SECRETARY - EMPLOYED Upon motion of Thomas Brumback and seconded by Raymond Sandy, Be it resolved, That the Board does hereby hire an Executive Secretary, Roger H. Alderman, at a salary of $13,500 per annum and a relocation allowance of $750.00. He shall assume his duty on January 4, 1971. The above resolution was unanimously passed. ACCOUNTS PAYABLE Accounts totaling $50,369.34 were read and approved and ordered to be paid from the Gen County Fund by Warra;tts 16892 and 7112 inclusive; Livestock Fowl Claims and M Dog Warden's Salary totaling $1,141.15 were read and ordered to be paid from the Dog Fund by arrants #392 and 411 inclusive. Mj�� 11' "100107imalmir 1111:1111111111 111 At a Regular Meeting of theBoard of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the 14th day of December, 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 9th day of November, 1970, were read and approved. REPORTS: Upon motion duly made and seconded the reports of Harry L. McCann, Treasurer; Esten 0. Rud6lph, Commissioner of Revenue; Lacy H. Anderson, Sheriff of Frederick County; E. Eugene Gunter, County _.'..._ Attorney; Roberta A. James, Department ofWelfare; Pauline Baccary , Home Demonstration Agent; John Wolfe, County Agent; and H. C. Crowder, Road Engineer were read and approved. ANNEXATION PROCEEDING - APPEAL NOTED Upon motion of Donald L. Baughman and seconded by Tom Brumback, Be it Resolved; On Saturday the Annexation Court convened for the purpose of entering a final order. After the Court discussed certain aspects of the order with counsel for the City and the County the Court entered the order. The Board of Supervisors has conferred with counsel for thepounty, and, upon mature consideration, th�Board has instructed counsel for the County to apply to the Supreme Court of Appeals of Virginia for a writ of error and supersedeas. The Board is determined to pursue every legal avenue available for thkurpose of protecting the County, and appeal seems to be the only action now available. The above resolution was passed. INSURANCE POLICIES George W. Good appeared before the board explaining the present coverage of the Board of Supervisors. It was decided that the Executive Secretary investigate the possibili of additional coverage. N ORTHWESTERN COMMUNITY ACTION. INC. - REPORT Mrs. Thelma Clore appeared before the board and gave an oral report and also submitted a written report.. DOG WARDEN - REPORT - RESIGNATION Richard Allen Streit gave his Dog Warden report and also submitted a letter of resignation effective December 31, 1970. CLAREDON RUBLE - WRITE TO GAME COMMISSION Clarendon Ruble of Gainesboro had a dairy cow killed by hunters during deer season in Frederick County. He presented a bill for payment to the County. It was discussed, and the County Attorney is to write the Division of Game and Inland Fisheries inquiring whether they had a fund which would pay for destruction of lives by hunters. 67 Upon motion of Donald L. Baughman and seconded by Robert Russell, Be it resolved, That the Board repealed Sections 13 -14, 13 -15, and 13 -16 of the Nusiance Ordinance on the first and second reading and set a Public Hearing on January 11, 1971 at 3:00 p.m. The above resolution was passed. AIR POLLUTION ORDINANCE - DELEGATION - COMPLAINT A group of interested citizens, Joe, Aaron, and Charles Zuckerman, and Nat Smith, representing the Salvage Dealersiin Frederick County, Virginia, appeared before the board voicing criticism of the Air Pollution Ordinance as adopted. Russell, seconded by After a lengthy discussion, and upon motion of Donald Baughman and/J. Robert Be it resolved, the the board amend the Air Pollution Ordinance to permit open burning for salvage vehicles. The above resolutions were passed. A The above resolution was passed. ' � TRI -STATE SUBDIVIS ION- Upon motion of Robert Russell and seconded by Donald L. Baughman, Be it resolved, that the board does hereby approve the Plat and Deed of Dedicat of Tri -State Subdivision on Apple Pie Ridge Road, Stonewall District, for recordation. 1 SHAWNEELAND - PLAT 3 SECTION 22 - ENON SPRINGS - APPROVED Brumback Upon motion of Donald L. Baughman and seconded by Thomas amagax Be it resolved, that the board does hereby approve the Plat and Deed of Dedicat of Shawneeland Final Plat, Enon Springs, Plat 3, Section 22. The above resolution was passed. The above resolution was passed. Mrs. Roberta James presented a report of progress of Food Stamp Program. CONNER LOTS - APPROVED Upon motion duly made and seconded, Be it resolved, That the board does hereby approve the plat of the Conner Lots on Route 664 in Stonewall District., DUMP - CLOSED SATURDAY FOLLOWING CHRISTMAS Upon motion of T. B. Brumback and seconded by R. C. Sandy, Be it resolved, that the Dump be closed on the Saturday following Christmas., but shall be open on Saturday following New Year's Day. Also the Board approved permission for H. C. Christianson to fix fence and ' remove rocks from area at home of Mrs. Dean at the dump that was damaged during a flash ;flood. The above resolutions were passed. A The above resolution was passed. ' � TRI -STATE SUBDIVIS ION- Upon motion of Robert Russell and seconded by Donald L. Baughman, Be it resolved, that the board does hereby approve the Plat and Deed of Dedicat of Tri -State Subdivision on Apple Pie Ridge Road, Stonewall District, for recordation. 1 SHAWNEELAND - PLAT 3 SECTION 22 - ENON SPRINGS - APPROVED Brumback Upon motion of Donald L. Baughman and seconded by Thomas amagax Be it resolved, that the board does hereby approve the Plat and Deed of Dedicat of Shawneeland Final Plat, Enon Springs, Plat 3, Section 22. The above resolution was passed. The above resolution was passed. Mrs. Roberta James presented a report of progress of Food Stamp Program. CONNER LOTS - APPROVED Upon motion duly made and seconded, Be it resolved, That the board does hereby approve the plat of the Conner Lots on Route 664 in Stonewall District., •• INDIAN LAKE ESTATES - REFERRED TO PLANNING COMMISSION IF PETITION PRESENTED E. Kemper Beard, Developer of Indian Lake Estates appeared before the board with plats of a rezoning for Indian Lake Estates. The rezoning will be Deferred to the Planning Commission upon receipt of three copies of a Petition to accompany the plats. CRIM. HARRY B. - REZONING - REFERRED TO PLANNING COMMISSION Upon motion of Donald L. Baughman and seconded by Tom Brumback, Be it resolved, That the Plat and Petition of rezoning for Harry B Crim be refe to the Planning Commission for action. The above resolution was passed. p rXts MR �� Chairman Thomas Rosenberger was to contact Henry Bursey about re- employment as Dog Warden of Frederick County, Virginia. NORTHWESTERN FAIRFAX PLANNING DISTRICT Upon motion duly made and seconded, Be it resolved, That, Thomas Rosenberger and J. Robert Russell be the elected members of the Northwestern Fairfax Planning District and the appointed members shall be J. David Headley and Roger Alderman, Executive Secretary. The above Resolution was passed. TRAILER ORDINANCE - PUBLIC HEARING Upon motion of Tom Brumback and seconded by Robert Russell, Be it resolved, That the board passed the Trailer Ordinance of Frederick County on the first and second reading and shall publish notice of Public Hearing and the proposOd ordinance according to law on March 8, 1971 at 3:00 p.m. The above resolution was passed. FREDERICK COUNTY SANTTATION AUTHORITY - CHANGE ARTICLES OF INCORPORATION - PUBLIC HEARING Upon motion of Thomas B. Brumback and seconded by Robert Russell, Be it resolved, that the Articles of Incorporation for the Frederick County Sanitat Authority must be changed to allow the members to receive salaries set by the Frederick County Board of Supervisors. A public Hearing is necessary, therefore, the board does hereby set the Public Hearing for January 11, 1971 at 3:30 p.m. The above resolution was passed. TRAILER PERMITS - APPROVED The following trailer permits were approved: Morris E. Lowery Fred Baker, Jr. Robert Fletcher Maxwell Hausenfluck Albert D. Leary Kenneth Strawderman and Norman Garrison trailer permits were disapproved. CITGO SERVICE CENTER - ANTENNA INSTALLATION - APPROVED Upon motion of Thomas Brumback and seconded by Donald L. Baughman, Be it resolved, the the Board does hereby give Martin Gavis; of Citgo Service permission to install an antenna in the hitching yard in back of the Service Station. The above resolution was passed. TO ZONING ORDINANCE - AMENDMENT PROPOSED BY S[jLIAN F. GARBER Upon motion of Donald L. Baughman and seconded by Thomas Brumback, Be it resolved that the amendment to the Zoning Ordinance proposed by. - Julian-F. Garber be referred to the Planning Commission for further action. The above resolution was passed. JUDGE W. E. EDWARDS OFFICE - NEW TYPEWRITER Upon motion of J. Robert Russell and seconded by Donald L. Baughman, Be it resolved, That the Board does hereby approve the purchase of a new typewriter for Judge Edwards office. I The above resolution was passed. MOUNTAIN ROAD - APPROPRIATION DEFERRED Upon motion duly made and seconded, It was moved, seconded, and passed that the matter concerning appropriation for the Mountain Road be tabled pending the next report of the road viewers. The above resolution was passed. ploweling h Accounts totaling $61,722.04 were read and approved and ordered to be paid from the General County Fund by Warrants #7113 and 7206 inclusive; Livestock Fowl Claims and Dog Warden's Salary totaling $705.40 were read and ordered to be paid from the Dog ,I Fund by Warrants #412 and 426 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. At the regular meeting of the Board of Supervisors, of Frederick County, Virgj.nia, ld in the Supervisors' Room on the 28th day of December, 1970. PRESENT: Thomas B. Rosenberger, Chairman; J. Robert Russell; Donald L. Baughman; B. Brumback; and Raymond C. Sandy. 11l\ /L+ UGHJ Vl\ - L1UV V1Yl J1 \UJ.+L - Ll.LL1.:AIH11V1\ I']l l Jack Williams, George Shrader, Jack Brandon, and delegations representing the Conservation Club, Isaac Walton Club, and Mtn. Falls Hunt Club respectively appeared before the Board asking for the G discontinuance of Doe Season for two years. Upon motion of Raymond C. Sandy and seconded by Thomas B. Brumback, Be it resolved, that Doe Season be discontinued for two years in Frederick County. The above resolution was passed. A TD D/1T T TTTT/TTT Ed Lord and a delegation appeared before the Board requesting no change in the Pollution Ordinance. Dr. Richardson appeared before the Board and spoke on Air Pollution. Eugene Gunter presented a letter received from the State Air Pollution Board tating that the Frederick County Air Pollution Ordinance had not been approved by the State. No action was taken by the Board. 70 UPON MOTION DULY MADE AND SECONDED, THE DO NOW ADJOURN. At the Regular Meeting of the Board of Supervisors of Frederick County, ' rginia, held in the Supervisors Room on the 11th day of January, 1971. PRESENT: Thomas B. Rosenberger, Chairman; J. Robert Russell, Donald L. Baugh - n, Thomas B. Brumback, and Raymond C. Sandy, The minutes of the last.neeting.held on the 14th day of December, 1970, re read and approved. REPORTS: Upon motion duly made and seconded the reports of Harry L. McCann, easurer; Esten 0. Rudolph, Commissioner of Revenue; Lacy H. Anderson, Sheriff of Frederick unty; E. Eugene Gunter, County Attorney; Roberta A. James, Department of Welfare; Pauline ccary, Home Demonstration,Agent; John Wolfe, County Agent and H. C. Crowder, Road Engineer re read and approved. George B. Whitacre, County Clerk, qualified Roger H. Alderman as Executive ary for Frederick County, Virginia. Upon motion duly made and seconded Be it resolved, That the County Clerk would assist Mr. Alderman with the of Supervisor's duties until such time as the full impact of the city annexation of ' land can be evaluated. The above resolution was passed. Upon motion of J. Robert Russell and seconded by Thomas B. Brumback Be it resolved, That Thomas B. Rosenberger be re- appointed as Chairman of the Frederick County Board of Supervisors for this year. The above resolution was passed. Upon motion of Thomas B. Brumback and seconded by J. Robert Russell Be it resolved, That Donald L. Baughman be re- appointed as Vice - chairman, the Frederick County Board of Supervisors for this year. I The above resolution was passed. Upon motion duly made and seconded Be it resolved, That as an amendment to the former minutes which gave Martin ' vis of Citgo Service Center permission to install an antenna on the Hitching lot; this should be amended to include that no wrecked cars be parked on this lot at anytime. The above resolution was passed. Upon motion of Raymond Sandy and seconded by Thomas B.Brumback Be it resolved, That Harold Whitacre be appointed as Dog Warden for Frederick ounty at a Salary of $5,500.00 per year effective February 1, 1971. The above resolution was passed. 71 R. A. Streit, former Dog Warden appeared before the Board and gave his report land presented livestock claims. Upon motion of Donald L. Baughman and seconded by Raymond Sandy Be it resolved, That the Board make a new ruling that in all Livestock Claims Ian effort be made to see if the person to whom the dog belongs will pay for the claims or lif the person has insurance for the Livestock killed. The County Attorney is to draft an affidavit for the owner of the Livestock Ito sign saying effort has been made to get in contact: the owner of the dog and that the owner of the livestock has no insurance. The above motion was passed. Upon motion of Donald L. Baughman and seconded by Thomas B. Brumback Be it resolved, That Harold Whitacre is given permission to bug a Tranquilizer for use at the Dog Poun4; also permission was granted to install a trap door for dog pens at the pound. Upon motion of J. Robert Russell and seconded by Thomas B. Brumback Be it resolved that the Frederick County Board of Supervisors does hereby ss it's great sorrow at the passing of Paul L. Luttrell, former public servant of this county. Frederick County will not soon forget the commendable and invaluable service rendered by this dedicated residentcof Gainesboro District to the public over several terms as a member of this Board. Be it further resolved that an attested copy of this rmolution be provided to Mr. Luttrell's family, to the news media and that a copy of this resolution be spread upon the minute book of this Board. The above resolution was passed. William Fraula, Secretary of the Electoral Board of Frederick County appeared before the Board asking for office space for a newly created position of Central Registrar. No action was taken. Upon motion duly made and seconded WHEREAS, this Board adopted a resolution at the regular meeting on November 9th, 1970 requesting Industral Access Funds to provide access to the Silco Stores Inc., sing warehouse. WHEREAS: The right of way for this access has been dedicated to Frederick ounty and is recorded in Deed Book 371, page 123, dated November 20, 1970. NOW THEREFORE BE IT RESOLVED: That the Board of Supervisors guarantees to the State Highway Commission an unrestricted sixty -foot right of way as described by meets and bounds and recorded in Deed Book 371, page 123, dated November 20, 1970. Motion carried. I 72 HIGHWAY DEPT. - - OPPOSITION TO MAINTENANCE OF ANNEXED AREA Upon motion of Donald L. Baughman and seconded by Raymond C. Sandy. BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby express its disapproval of the Virginia Department of Highways agreeing to maintain the roads in the annexation area for the period from January 1, 1971 to July 1, 1971 without even consulting Frederick County. Such disapproval is dictated by the unconditional, but ' false, allegation by the City of Winchester to the Court,in the annexation suit that the City was ready, willing, and able to service the annexation area as of January 1, 1971. It is further noted that the City also requested the state police to continue to police the annexation area for the said period and the state police refused to honor such request. ' In view of the above, Frederick County hereby requests that the Virginia Department of Highways revoke its action of agreeing to maintain the roads in the annexation area from January 1, 1971 to July 1 1971 BE IT FURTHER RESOLVED, That a copy of this resolution be sent to the Virginia Department of Highways in Richmond, Virginia and to H. C. Crowder, Resident Engineer, Edinburg, Virginia. By recorded vote Raymond Sandy, Donald L. Baughman, and J. Robert Russell voted aye, and Thomas B. Brumback voted nay. SHERIFF - - CARS - - ADDITIONAL APPROPRIATION Upon motion of Thomas B. Brumback and seconded by J. Robert Russell Be it resolved, That the Board does hereby approve an additional appropriation to the Sheriff's account to cover the increase in the price of new cars ordered by that ' department; also the money shall be made available when cars arrive. The above resolution was passed. JAIL - - FULL OPERATION BY COUNTY Upon motion of Donald L. Baughman and seconded by Raymond C. Sandy Be it resolved, That the County shall assume full responsibility for ordering and paying all expenses of the Jail previously handled by the City of Winchester and to the County. The City will pay its share of the cost of operation or a pro -rated formula. LEAGUES OF COUNTIES - - PAY APP ROPRIATION Upon motion duly made and seconded Be it resolved, That the County approve the additional appropriation to bring the County share of League of Virginia Counties to $71$.38. The above resolution was passed. , NUISANCE ORDINANCE - - SECTION 13 -14, 13 -15, 13 -16 - - REPEATED Upon motion of J. Robert Russell and seconded by Thomas B. Brumback Be it resolved, after a duly advertised Public Hearing Section 13 -14, 13 -15, 13 -16, of the Nuisance Ordinance in the Frederick County Code are hereby repea#ed. , The above resolution was passed. PLANNING COMMISSION - - ROGER ALDERMAN - - MEMBER Upon motion of Donald L. Baughman and seconded by J. Robert Russell, Be it resolved, That Roger Alderman be appointed'a non - voting member of the Frederick County Planning Commission. The above resolution was passed. 73 ZONING ORDINANCE - - CERTIFIED PLATS Upon motion duly made and seconded Be it resolved, That a Certified Plat must be presented with all rezoning petit to help facilitate an accurate rezoning map. The above resolution was passed. INDUSTRIAL DEVELOPMENT AUTHORITY PARK AUTHORITY Upon motion duly made and seconded Be it resolved, That the Board members have a list of persons to be appointed to Industrial and Park Authority ready for the next regular board meeting. The above resolution was passed. SANITATION AUTHORITY - - COMPENSATION Upon motion of Thomas B. Brumback and seconded by J. Robert Russell Be it resolved,.after a duly advertised Public Hearing by the Board of Supervisors of Frederick County, Virginia that they do hereby approve and ratify the amendment to the Articles of Incorporation of the Frederick County Sanitation Authority, Section B, last paragraph thereof, to read as follows: "Each member of the Authority shall serve with compensation to be fixed by the Frederick County Board of Supervisors, and shall also be re- imbursed in the amount of his actual expenses necessarily incurred in the performance of his duty, such sums to be paid from the funds of the Frederick County Sanitation Authority." The above resolution was passed SANITATION AUTHORITY - - FI}O;D SALARY -- Upon motion duly made and seconded Be it resolved, after a duly advertised Public Hearing, the Board does hereby fix the salary of the Sanitation Authority at $25.00 per meeting per member not to exceed $300.00 per year per member to be paid from funds of the Frederick County Sanitation Authority. The above resolution was passed. KENRAY - - PUBLIC HEARING SET Upon motion duly made and seconded Be it resolved, upon recommendation of the Planning Commission the Board does hereby set the Public Hearing for the Rezoning of Kenray on February 8, 1971 at 3:00 p.m. B UDGETS - - TENTATIVE The above resolution was passed. Roger Alderman, Executive Secretary is to notify all local offices that Budgets for 1971 -1972 fiscal year will be due March 1, 1971. YC : Y •al a"�Ci`u� g The following trailer permits were approved: Wayne Carter Garland DeHaven (not to exceed 4 trailers) The permits of Ward Puffinberger, David Lear, and Walter Carper were not approved. 74 ACCOUNTS PAYABLE Accounts totaling $77,602.69 were read and approved and ordered to be paid from the General Count�Iund by Warrants #7207 and 7457 inclusive; Livestock Fowl Claims and Dog Warden's Salary totaling $1,041.72 were read and ordered to be paid from the Dog Fund by Warrants #426 and 440 inclusive. At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the 8th day of February, 1971• PRESENT: Thomas B. Rosenberger, Chairman, Donald L. Baughman, Vice - Chairman, J. Robert Russell, Thomas B. Brumback, and Raymond C. Sandy. The minutes of the last meeting held on the 11th day of January, 1971, were read and approved. Accounts Payable Accounts totaling $64,119.15 were read and approved and ordered to be paid from the General County Fund by Warrants #7458 through #7565 inclusive. Accounts totaling $1,103.12 were read and approved and ordered to be paid from the Dog Fund by Warrants #441 through #456 inclusive. Putaoff. _Date on .Bills Upon motion made by Donald Baughman and Seconded by Robert Russell, be it resolved, that a cut -off date of the Wednesday before each Board Meeting be set for reports and bills. The above resolution was passed. Zoning Appeal Fee Refunded - Donald L. Bayliss Upon motion made by Donald Baughman and Seconded by Robert Russell, be it resolved, That $80.00 be refunded to Donald L. Bayliss for zoning appeal. The fee was erroneously paid. The above resolution was passed. Central Registrar Appointed The appointment of Mrs. Mary G. Conner as Central Registrar of Frederick County was acknowledged. Her salary is set by the State. Requests for Re- Zoning Upon motion made by Robert Russell and Seconded by Donald Baughman, be it resolved, That requests to re -zone land by Robert K. Stickley, James L. Bowman, and Humble Oil & Refining Company were referred to the Planning Committee. 7 The above resolution was passed. 75 Executive Secretary's Report Jail The Secretary has met with Wendell Seldon and discussed the matter of the county's desire to assume full operation of the facility and requested copies of all financial repor ' for 1970, which have been received. He has also been in with Mr. J. U. Pugh, Division of Corrections, Department of Welfare and Institutions, who has indicated that he will assist in developing an equitable formula for the distribution of cost of operating the Jail. Eugene Gunter advised Mr. Alderman to send a letter by Certified Mail, Return ' Receipt Requested to Wendell Seldon, City Manager stating that the County does not wish to renew the present contract as it stands and then work on an arrangement mutually agreeable until the July 1 assumption date. Upon motion made by Donald Baughman and seconded by Robert Russell, be it resolved, that a letter be sent to the City of Winchester advising that the County does not wish to renew the present contract as Jt stands. (Letter written and delivered February 10, 1971). The above resolution was passed. Planning District Screening Committee On January 27, Mr.. Alderman attended a Screening Committee Meeting in Front Royal to review application for the position of Director and found that only nine applications had been submitted of which only two were regional planners. It seemed that most of the applications were from employees of the State Department of Highways. The Committee requested the State Planning Office to find additional applications and supply additional information on four of the applications the committee had received. Carroll Concrete Contract Accepted SANITARY LANDFILL - Upon motion made by Robert Russell and Seconded by Donald Baughman, be it resolved, That the proposal of Carroll Concrete Construction Company, Inc., in the amount of $5,003.63 be accepted for the concrete work on the scales. The above resolution was passed. Creek Channel Changed Upon motion made by Robert Russell and seconded by Donald Baughman, be it resolved, That .$300.00 be appropriated to change the channel of the creek running along the landfill property in order to prevent flooding of nearby property. The above resolution was passed. Data Processing System Upon motion made by Thomas Brumback and Seconded by Donald Baughman, be it resolved, I That a Data Processing System be installed. The above resolution was passed. The system would initially be used for preparation of taxes and voter registration and from these applications education and welfare could be added. The cost for the system for the first year would be approximately $8,000 to $9,000, the second year $5,800, then a possible savings would be realized. 76 Feasibility Study Mr. Alderman advised the Board they could either take action to implement the $35,000 study offered by McNair Associates, do it ourselves for approximately $10,000, or postpone action on the issue. Thomas Rosenberger requested Mr. Alderman to get information on where we can get outside help or assistance in the matter, and whether or not the present facilities are sufficient for the present and can be made workable for the future. County Redistricting Mr. Alderman advised the Board Members they would receive a memorandum within a week outlining procedures for redistricting in.line with the 1970 Census. Vehicle - Executive Secretary Upon motion made by Robert Russell and Seconded by Thomas Brumback, be it resolved, That competitive bids be submitted for a vehicle for the Executive Secretary at March 8 meeting. The above resolution was passed. Salary Executive Secretary's Secretary Upon motion made by Raymond Sandy and Seconded by Donald Baughman, be it resoly That the salary of the Executive Secretary's Secretary be set at $4,900.00 per year. The above resolution was passed. Merit Pay System Mr. Alderman proposed a merit pay system be studied to put all county employees on an equitable basis in salary. No action was taken. 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, Pauline Baccary, H6me Demonstration Agent; William Fraula, Secretary of the County Electoral Board and Harold Whitacre, Dog Warden were read and approved. Election Board Mr. Fraula stated in his report that all voters would have to be notified in writing the location of their voting place 90 -days before the Democratic Primary. - Landfill Report A report on the landfill operation was made by H. C. Christianson. The Board agreed that it would like to have another month before establishing a new rate for the City for use of the landfill. Religious Organizations not Excused from Paying at Dump Upon motion mad e by Donald Baughman and Seconded by Thomas Brumback, be it resolved, That religious organizations would not be excused from paying at the landfill. F] The above resolution was passed. 77 Dog Warden's Report J Harold Whitacre gave his report on livestock killed. It was decided to set a precedence for all future livestock claims. All Claims will be paid not in excess of the assessed value per head for tax purposes. In the event the animal was not owned January 1, it will be the average assessed value of the fair - market value, whichever is the lesser. Mr. Joe Hulver was advised he would have to make every effort to collect from Mr. Pete Pappas, the owner of the dog who killed his calf before the Board could act on his claim. Commissioner of Revenue's Report - Trailer Permits Mr. Rudolph reported to the Board that Section 20 -19 of the Trailer Ordinance is void. However, application will still be received by Mr. Rudolph and acted upon by the Board. All applications will be approved. Die for County Seal Upon motion duly made by Donald Baughman and Seconded by Thomas Brumback, be it resolved, That the County a die for the County Seal for gifts to visiting dignitaries. The cost of the die to be $250.00. It will remain the property of Balfour. The above resoltuion was passed. Sheriff's Report Sheriff Anderson requested that he be allowed to use the $600.00 coming back from the School Board for policing at James Wood to install a radio antenna tower base at the Jail. Permission was granted. Women's Rest Room Report and Custodian's Salary I� J The above resolution was passed. Air Polution Report Mrs. Pauline Baccary, Home Demonstration Agent, gave her recommendations for improvement of the women's rest room and informed the Board this was the only public facili in town with the exception of Leggett's. She also requested the salary of the custodian, Mrs. Blanche Bodkin be increased from $2.00 per day, 6 -days a week to $140.00 per month. Upon motion duly made by Raymond Sandy and Seconded by Thomas Brumback, be it resolved, That Mrs. Bodkin's salary be increased to $140.00 per month on the condition that extra duties be assigned to her. The above resolution was passed. Estimates on Repairs to Women's Rest Room Upon motion duly made by Raymond Sandy and Seconded by Thomas Brumback, be it resolved, That Mr. Alderman get estimates on repairs to the Women's Rest Room and present these at the March 8 meeting. Mr. W. D. Atchley gave a report on his findings concerning air polution. State Highway Department Report Mr. King, State Highway Department, gave his report on area roads. Upon motion duly made by Donald Baughman and seconded by Robert Russell, be it resolved, That another study be made on Route 11 South from -the existing City Line South to the B & 0 Railroad Tracks. The above resolution was passed. Road Viewers Appointed Road viewers were appointed as follows: E. E. Bayliss, Jr., Stonewall District; Nelson Carpenter, Gainesboro District; Oren Snapp, Back Creek District; Robert Prettyman, Shawnee District; and William J. Rickard:; Opequon District. Resolution Cancelled Upon motion made by Robert Russell and Seconded by Thomas Brumback, be it resolved, That the resolution made June 8, 1970, for Blain Wilson, " Wilson Lot Subdivision" is cancelled since the work was never done. The above resolution was passed. Final Plat Enon Springs Plat 4 - Section 22 Shawnee -Land Approved Upon motion duly made by Thomas Brumback and seconded by Donald Baughman, 'be it resolved, that Final Plat, Enon Springs, Plat 4 - Section 22, Shawnee -land, be approv The.above resolution was passed. Kenray Rezoning Petition Approved Upon motion duly made by Robert Russell and Seconded by Raymond Sandy, be it resolved, That the Kenray Rezoning Petition.be approved to rezone three parcels of land attptheijunctionnof U. S. North Route 739 from 1 to.B -2. Parcel S O One 522, located in the Southwest quadrant of the intersection of State Route 739 ('Fox Drive) and U. S. Route 522 and contains approximately 6.09 acres. Parcel Two is located in the Northwest quadrant of the intersection of State Route 739 (Apple Pie Ridge Road) and U. S. Route 522 and contains approximatley 1.08 acres. Parcel Three is located a short distance North and West of relocated State Route 739 and contains approximatley 27 acres. The above resolution was passed. Dr' Wright's Report - Economic Stabilization Resource Agency Frederick County Emergency Resources Management Plan - Part B Upon motion duly made by Robert Russell and Seconded by Raymond Sandy, be it resolved, That the County approve the above plan. The above resolution was passed. County Interest in Industrial Park Mr. Alderman was asked to contact Mr. Wade Ferguson expressing strong interest of the Board and Industrial Authority in being.part of any new Industrial Park. .(Letter sent 2 -9 -71) Night Meeting of Board Cancelled Upon motion made by Thomas Brumback and seconded by Raymond Sandy, the regular night meeting of the Board was cancelled. r 79 Rezoning Petition A rezoning petition offered by Harry Benjamin Crim was set for 11:00 A. M. at the March 8 meeting. Proposed Amendment to the Zoning Ordinance A petition offered by Julian F. Garber to reduce the parking area required by department stores was set for 11:15 A. M. at the March 8 meeting. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW Secretary, Board o pervisore At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors' Room on the 8th day of March, 1971. PRESENT, Thomas B. Rosenberger, Chairman, Donald L. Baughman, Vice - Chairman, J. Robert Russell, Thomas B. Brumback, and Raymond C. Sandy. The minutes of the last meeting held on the 8th day of February, 1971, were read and approved. Accounts Payable Accounts totaling $56,288.16 were read and approved and ordered to be paid from the General County Fund by Warrants #7566 through #7679 inclusive. Accounts totaling $711. were read and approved and ordered to be paid from the Dog Fund by Warrants #457 through #466 inclusive. State to Assume Part of Initial Data Processina Costs Mr. Alderman advised the Board he had received a letter from the State Compensatio Board stating that they would provide assistance and they have requested that the Commissio of Revenue and Treasurer submit the proposal to them for review. Duties of County Clerk to be Assumed by Executive Secretary Upon motion made by Robert Russell and Seconded by Thomas Brumback, be it resolved that George Whitacre request an Audit of the books before they are turned over to the Executive Secretary. The cut off date is to be March 15, 1971. The above resolution was passed. Upon motion made by Donald Baughman and Seconded by Raymond Sandy, be it resolved, i that Roger Alderman be authorized to sign checks effective March 15, 1971. The above resolution was passed. The above action was taken after receipt of a letter from the Attorney General's office stating that the duties of the Executive Secretary could not be shared by the Clerk of the Court. White Cane Days 1971 Thomas Rosenberger proclaimed the dates of March 12 and 13 as White Cane Days, 1971, upon request of the Lions Clubs of Frederick County. Roy Williams Reports on Lake Holiday Roy williams reported that the lots at Lake Holiday would not pass percolation tests. A VPI soil scientist advised Mr. Williams he had found the soil to be very silty and loamy which will not take water. Mr. Williams also advised the Board that only Lake Holiday's preliminary water and sewer plans had been approved and that no final plan has been approved. I Mr. Williams also reported that the Deed of Dedication and Plat would have to state that Central Water and Sewage will be installed before the Health Department would approve the Section. Letter of Appreciation Received A letter from Wade Ferguson, Secretary, Winchester- Frederick County Industrial Development Corporation expressing the appreciation of the Development Corporation in the , County's interest in working with them to help develop the community in a manner worthy of the people in it was read.. Executive Secretary's Report Annexation Expenses ' Mr. Alderman advised that the current summary of Annexation Expenses is $138,933.79. Repairs to Ladies Rest Room Mr. Alderman was advised by the Board to proceed with the following repairs to the Ladies Rest Room: 1. Install Electric Heat 2. Install vinyl asbestos floor covering 3. Close back window obpning 4. Furnish and install the following items: 3 sanitary pad disposals, 3 coat hooka, 2 covered rubber waste cans, 1 sanitary pad dispenser, 1 mirror and shelf, and 2 stools at mirror. The above work to be done by the S & S Construction Company. Vehicle for Executive Secretary Upon motion made by Raymond Sandy and seconded by Donald Baughman, be it resolved, , That the low bid of B & M Chevrolet - Cadillac Corporation be accepted. The above resolution was passed. Scales at Landfill Mr. Alderman advised the Board that construction on the base for the scales was started shortly after last month's meeting but during excavation, Carroll Concrete was unable to reach a solid footing. Therefore, at the present time, we are checking into the possibili of using piling or a less expensive method of establishing a solid base. Redistricting Mr. Alderman advised the Board that at the present time, there is no change in the status of the memo received during February. He is working on several possible redistricting plans that can be used if the Board so desires. Zoning Map , Mr..Alderman advised the Board the new County Zoning Map had been received but it would be necessary to mount the map. Recommendations for Recreation Authority Nomi Mr. H. I. Phillips, Mr. Rual Anderson, Mr. Ralph Borman, and Mrs. Gladys Brumback were recommended as possible replacements to the Lower Shenandoah Valley Recreation Authority. ' Recommendations for Industrial Development Authority Nomination Mr. Robert Solenberger, Mr. Al Loring, Mr. Gene Dicks, and Mr. Maurice Perry were recommended as possible replacements to the Frederick County Industrial Development Authority. Dr. Wright's Report on Lord Fairfax Community College Dr. Melton Wright and Mr. Robert Solenberger gave a report on the Lord Fairfax Community College. Upon motion made by Donald Baughman and seconded by Raymond Sandy, be it resolved, That Dr. Wright's report be accepted. The above resolution was passed. M tiol.l. I: Rezoning Petition, R -1 to B -2 Harry Benjamin Crim Upon motion made by Donald Baughman and seconded by Thomas Brumback, be it resolved, That the recommendation of the Frederick County Planning Commission to rezone the Northern half of lot 32 and all of lot 31 from R -1 to B -2 owned by Harry Benjamin Crim be accepted. The above resolution was passed. ' The petitioner has requested that the present zoning be this instead of as origin- ally requested because he does'not own the Southern half of lot 32. The above resolution was passed. Mr. Alderman and Mr. Gunter were requested to contact all people involved. Amendment to Zoninq Ordinance. Article 11. Paragraph 11 -6 -8 Upon motion made by Donald Baughman and seconded by Thomas Brumback, be it resolved, that the Frederick County Zoning Ordinance Article 11, Paragraph 11 -6 -8 be amended to require (1) space for each 200 square feet of retail floor space instead of (1) parking space for each 100 square feet of retail floor space. The above resolution was passed. Departmental Reports ' Upon motion duly made and seconded, the reports of Harry L. McCann, Treasurer, Esten 0. Rudolph, Commissioner of Revenue, Harold Whitacre, Dog Warden, and H. C. Christian- son were read and approved. The above resolution was passed. Preliminary Road Hearing The preliminary Road Hearing was held with petitions presented from each of the five districts for road repairs. Request to Amend Resolution of August 10, 1970, Echo Village Sewer Company Presented by . Mr. Joseph White appeared before the Board on behalf of W. H. Emmart & Son, Inc., requesting that they amend the resolution of August 10, 1970, Echo Village Sewer Company, ' to include the land owned by Mr. Emmart. It is their desire to hook -on to the sewer service. Reconstruct & Upon motion made by Donald Baughman and seconded by Raymond Sandy, be it resolved, New That the above matter will be heard at the Board Meeting April 1:2, at 3:00 P.M. The above resolution was passed. Mr. Alderman and Mr. Gunter were requested to contact all people involved. Amendment to Zoninq Ordinance. Article 11. Paragraph 11 -6 -8 Upon motion made by Donald Baughman and seconded by Thomas Brumback, be it resolved, that the Frederick County Zoning Ordinance Article 11, Paragraph 11 -6 -8 be amended to require (1) space for each 200 square feet of retail floor space instead of (1) parking space for each 100 square feet of retail floor space. The above resolution was passed. Departmental Reports ' Upon motion duly made and seconded, the reports of Harry L. McCann, Treasurer, Esten 0. Rudolph, Commissioner of Revenue, Harold Whitacre, Dog Warden, and H. C. Christian- son were read and approved. The above resolution was passed. Preliminary Road Hearing The preliminary Road Hearing was held with petitions presented from each of the five districts for road repairs. New Additions North Mt. Rt. 50 .4.mi.-South at Gore - Stonewall 656 Rt. 7 Rt. 661 Reconstruct 663 End H. S. Rt. 672 661 New Additions Reconstruct & Pave Improve curves R. C. Cunningham T. B. Brumback . T..B. Brumback Rt. 11 .25 mi. East Roy Duncan Route From To Type of Work Petition Presented by . Shawnee 644 Rt 50 Clark County Line Reconstruct & Pave D. L. Baughman New Additions Rt. 50 .20 miles north, near Silver Diner yes D. L. Baughman Back Creek ' 704 Rt. 683 W. Va. Line Reconstruct & Pave yes Sam Clark 654 Rt. 803 1.5 mi. south Grade, drain, & stab. Mrs. K. Fahnesto 629 End H. S. 1 mi. West Reconstruct & Pave James Swing 632 Rt. 704 Dead End Grade, drain & stab C. H. Dell & Co. ' 711 Rt. 803 .3 mi. South Reconstruct & Pave T. B. Rosenberge 616 Rt. 608 1 mi. S. of N. Int. Rt. 608 Reconstruct & Pave T. B. Rosenberge New Additions North Mt. Rt. 50 .4.mi.-South at Gore - Stonewall 656 Rt. 7 Rt. 661 Reconstruct 663 End H. S. Rt. 672 661 New Additions Reconstruct & Pave Improve curves R. C. Cunningham T. B. Brumback . T..B. Brumback Rt. 11 .25 mi. East Roy Duncan f • £14 • jf l 1 �'�1 • L! I 1 i.f�1 Route From To Type of Work Petition Presented by Sto New Addition Carper Drive at Sunnyside Rt. 661 .7 miles West Ga 688 Rt. 622 to Rt. 50 Rechnstt 671 Back Creek Rt.681 Spot wic 692 Rt. 600 1 mi. North Grade, 696 Rt. 522 696 Rt. 522 New Additions Rt. 678 to Rt. 852 Rt. 127 Reconstx W..Va. Line Hickory St., Darlington Subdivision Rt. 522, Hunting Ridge 641 Rt.639 Rt. 277 Widen sboro & Pave zg sin & stabilize & Paye :t & Pave s 640 Rt. 639 Warren Co. Line Reconstruct 840 Rt. 627 Warren Co. Line Grade, drain & stab. 636 Rt. 627 1 mi. North Reconstruct & Pave New Additions Extend Rt. 1015 to Rt. 11 ce yes W. H. Emmart W. R. Wolfe A. Hyday J. Robt. Russell J. Robt. Russell yes Walter Hott yes Jack Place Fred Gore & Co. Frank Quinn Raymond Sandy yes Raymond Sandy Raymond Sandy Upon motion made by Donald Baughman and seconded by Raymond Sandy, be it resolved, That the Trailer Ordinance of Frederick Couaty be adopted as read with the following exception: Article 3, Section 20 -40, the word "metal" Is to be changed to "Receptical ". The above resolution was passed. TRAILER ORDINANCE OF FREDERICK COUNTY, AN ORDINANCE TO REGULATE THE LOCATION, CONSTRUCTION AND OPERATION OF TRAILER CAMPS IN FREDERICK COUNTY, VIRGINIA, FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY; MORALS AND GENERAL WELFARE, AND PROVIDING FOR THE TAXING OF SINGLE TRAILER LOT SPACES, TRAILER CAMP LOT SPACES AND TEMPORARY TRAILER LOT SPACES, AND INSPECTION AND PENALTY FOR VIOLATION OF SAME. THIS ORDINANCE SHALL BE CITED AS THE "TRAILER ORDINANCE OF FREDERICK COUNTY ". ARTICLE I - DEFINITIONS 1. Board of Supervisors: "Board of Supervisors" means the Board of Supervisors of the county and its duly authorized representatives. 2. Certificate of Approval: "Certificate Board of Supervisors to evidence its approv 3. Dependent Trailer: "Dependent trailer" bathtub or shower. >f approval" means a certificate issued by the it of the location of a trailer lot.or trailer camp. means a trailer which does not have a toilet and 4. Health Permit: "Health permit" means a written permit issued by the health officer author•iz ing the operation of a trailer camp or trailer lot under the provisions of this chapter and regulations promulgated under this chapter. 5. Independent trailer: "Independent trailer" means a trailer that has a toilet and a bath- tub or shower. 6. Nonconforming use permit: "Nonconforming use permit" means a permit issued for a single trailer in existence when thiSTchapter was ( adopted. 7. Special use permit:. "Special use permit" means a_permit issued:_for a temporary_trailerl_ camp that houses construction workers.;.. M: 8. Trailer: "Trailer" means any vehicle used or maintained for use as a conveyance upon highways, or which may be transported from one place to another, whether containing its own motive power or attached to another vehicle, and so designed and constructed as to permit occupancy thereof as a business place or office, or as a dwelling or sleeping place, for one or more persons, and which may also be called or known as mobile homes, and whether on wheels ' or on temporary foundations. 9. Trailer camp: "Trailer camp" means any site, lot, field, or tract of land upon which is located two or more trailers, or which is held out for the location of two or more trailers (regardless of whether or not compensation of any kind is made for such location), but not including property on which is located with the owners consent, trailers temporarily parked for a period of time not exceeding thirty days, nor does it include trailers parked by a licensed dealer who shall offer the same for sale and not occupy the same, nor does it include property on which is located a temporary trailer camp, as provided for under Article II of this chapter. _ -, _. _ - ,_ — , 10. Trailer camp operator: "Trailer camp operator" means any person who, as owner, lessee or in any other capacity, maintains or operates a trailer camp. 11. Trailer lot: "Trailer lot" means any site,.lot, field, or tract of land upon which is located a single trailer. 12. Trailer space: "Trailer space" means the ground within a trailer camp laid out as a lot for the accommodation of one trailer. Section 20 -2. Operation in accordance with Article 1.1, Chapter 6, Title 35, Code of Virginia etc. The operation of a trailer camp or a trailer lot shall be in accordance with Article 1.1, Chapter 6, Title 35, Code of Virginia, and the rulse and regulations of the State Department of Health relative to trailer lots and trailer camps. Section 20 -3: Where trailers may be parked. Except as otherwise provided in this chapter, no trailer shall be parked in the county; provided, however, that trailers may be parked on a trailer lot or in a trailer camp for which a valid health permit, issued as provided in Section 20 -15, and a certificate of approval, issued as provided in Section 20 -20, are effect. Section 20 -4. Application of chapter to trailers parked for sale or storage. The chapter shall not be applicable to trailers which are parked for sale or-storage and not being then inhabited; provided, however: 1. That the owners of such trailers shall be required to purchase the merchants' or dealers' license, as prescribed by law. 2. No such trailer may be stored on any site where there is neighborhood objections, except upon.specific approval of the Board of Supervisors. Section 20 -5. Application of chapter to single trailer located on lots etc., prior to adoption date of chapter. *Where a single trailer is located on a lot, tract or.parcel of land in the county prior to the date this chapter was adopted and the owner of such lot, tract or parcel of land occupies such trailer, the provisions of this chapter shall not be applicable except that: .(a).The owner of.such lot, tract or parcel.of land shall meet all of the require- ments of the health officer. (b) The owner of the lot, tract or parcel of land shall furnish the Board of Super- visors withinformation showing his name and -the location of the trailer and identifying the trailer. :c) • . , .. .. (c) If the owner of the lot, tract or parcel of land complies with items (a) and .(b) above, he shall be issued a nonconforming use permit by the Commissioner of Revenue. (d) In the event such an existing single trailer is moved by the owner of the lot,ltract or parcel of land in question.from the site it occupies at the time of the adoption of this chapter, neither that particular trailer nor any other trailer shall be permitted to relocatE at such site unless the owner first complies with, and thereafter continues to comply with, the provisions of this chapter; provided, however, that a trailer owner desiring to exchange an existing trailer for a new or different trailer may do so without forfeiting his right to a nonconforming use permit. Section 20 -6. Application of chapter to moire than one trailer located on lot, etc., at the time of adoption of chapter. Where more than one trailer is located on a lot, tract or parcel of land in the county at the time this chapter was adopted, the owner of such lot, tract or parcel of land shall comply with all of the provisions of this chapter; provided, however, that he shall have until the first day of January, 1972, to comply therewith. Section 20 -7. Inspection of trailer camps, trailer lots, etc., by health officer, etc. The health officer is hereby authorized and directed to make inspections to determ the condition of trailer camps., _trail er. _lots _or- j=conL- trailer .si.tes_ in .order. -that he perform his duty of safeguarding the health and safety of occupants of such camps, lots and sites and of the general public. The Board of Supervisors may designate other persons to inspect trailer camps, trailer lots and nonconforming trailer sites and such other persons so designated by the Board of Supervisors shall have like authority to inspect the same as the health officer Section 20 -8. Availability of permits for inspection. All permits pursuant to the provisions of this chapter shall be available for inspection. Section 20 -9. Regulations made and adopted by health officer for enforcement of chapter. The health officer is hereby authorized to make, and, after public hearing, to such written regulations as may be necessary for the proper enforcement of the provisions this chapter; provided, however, that such regulations shall not be in conflict with the provisions of this chapter. Such regulations shall have the same force and as the provisions of this chapter and the penalty for violations thereof shall be the same as the penalty for violations of the provisions of this chapter. Section 20 -10. Making of false statement to obtain permit. The making, knowingly and intentionally, of any false statement,.relating to a mat 'fact, for the purpose of obtaining a permit, as required in this chapter shall be a violat of this chapter. Section 20 -11. Making of false statement upon records. The making, knowingly and intentionally, of any false statement, relating to a material fact, upon records required to be kept under the provisions of this chapter shall be a violation of this chapter. Section 20 -12. When provisions of chapter to be effective. This chapter shall be effective from the first day of January, 1972. Section 20 -13. Penalty for violation of chapter or regulation. Any person who violates any provision of this chapter or any provision of any regulation adopted by the health officer pursuant to authority granted by Section 20 -9 sha upon conviction, be punished,by a fine of not less than Ten Dollars nor more than Three Hundred Dollars or imprisonment in jail for not more than thirty days, or both, and each day's failure of compliance with any such provision shall constitute a separate violation. ARTICLE II. PERMITS, ETC. may ial DIVISION I. HEALTH PERMIT FOR CONSTRUCTION, OP9RATION, ETC., OF TRAILER CAMP OR TRAILER M. SECTION 20 -14. Required. No person shall construct, maintain, operate or enlarge any trailer camp or trail lot in the countyr unless chef: shalib .hold ra :valid , heaL•th- permit by; health Loffs.cer _ . in the name of such person for the particular trailer camp or trailer lot involved in each case; provided, however, that the foregoing provisions of this s?ction shall not be applica ' to a person who shall temporarily park a trailer for a period of time not exceeding thirty days. SECTION 20 -15. Application therefore. Any person desiring a health permit, as required in section 20 -14, shall file an such health permits for violation of this chapter and regulations promulgated under Section 20 -9. DIVISION 2. CERTIFICATE OF APPROVAL FOR LOCATION, CONSTRUCTION, ETC., OF TRAILER CAMP OR TRAILER LOT. SECTION 20 -17. Required. No person shall locate, construct, maintain, operate or enlarge any trailer camp or trailer lot in the county unless he shall have first obtained a certificate of approval therefore from the Commissioner of Revenue, as provided in this division; provided, however, that the foregoing provisions of this Section shall not be applicable to a person who shall temporarily park a trailer for a period of time not exceeding thirty days. SECTION 20 -18. Filing, contents, etc., of application therefore. Any person desiring a certificate of approval as required in Section 20 -17, shall first submit a written application therefore to the Commissioner of Revenue of the county, on an application form to be furnished to such person by the Board of Supervisors. Such application shall contain, among other things, the following information: (a) The name and address of the person owning the trailer camp or trailer lot in question, and trailer ownership. (b) The name and address of the person operating conducting or managing the trailer camp or trailer lot, if different from the name of the owner thereof. (c) A sketch with description, showing the abutting property owners and where the ' proposed trailer camp or trailer lot is to be located, which sketch shall be on.the back of the application:: i Each applicanti for :a icertiricate, appro.val,:for a _trailer ,camp shall indicate.in the description the number of trailer spaces the trailer camp will include, and upon request of the Commissioner of Revenue shall supply a map or plat showing the trailer camp layout with facilities. I . Each applicant for a certificate of approval for a trailer camp or trailer lot may submit with his application an agreement signed by the abutting property owners to the effect "it is agreeable to locate a trailer camp or trailer lot on the selected site ". SECTION 20 -19. Procledureupon filing an application. The commissioner of Revenue shall consider each application,' filed as provided in Section 20 -18, and must, before acting, refer such an application to the Board of Supervisoz which may require a public hearing thereon, after first publishing notice of such hearing two times in a newspaper having a general circulation in the County. The Board of Super- visors will approve or disapprove the application and the.Commissioner of Revenue shall not issue a certificate of approval if the Board of Supervisors disapproves the application. application therefore with the health officer, in such form and setting forth such informa- ' tion as maybe required by the health officer. SECTION 20 -16. Issurance; suspension or revocation. The health officer may issue health permits, as required in Section 20 -14, for a trailer camp]or trailer lot which conforms with this chapter. He shall suspend or revoke such health permits for violation of this chapter and regulations promulgated under Section 20 -9. DIVISION 2. CERTIFICATE OF APPROVAL FOR LOCATION, CONSTRUCTION, ETC., OF TRAILER CAMP OR TRAILER LOT. SECTION 20 -17. Required. No person shall locate, construct, maintain, operate or enlarge any trailer camp or trailer lot in the county unless he shall have first obtained a certificate of approval therefore from the Commissioner of Revenue, as provided in this division; provided, however, that the foregoing provisions of this Section shall not be applicable to a person who shall temporarily park a trailer for a period of time not exceeding thirty days. SECTION 20 -18. Filing, contents, etc., of application therefore. Any person desiring a certificate of approval as required in Section 20 -17, shall first submit a written application therefore to the Commissioner of Revenue of the county, on an application form to be furnished to such person by the Board of Supervisors. Such application shall contain, among other things, the following information: (a) The name and address of the person owning the trailer camp or trailer lot in question, and trailer ownership. (b) The name and address of the person operating conducting or managing the trailer camp or trailer lot, if different from the name of the owner thereof. (c) A sketch with description, showing the abutting property owners and where the ' proposed trailer camp or trailer lot is to be located, which sketch shall be on.the back of the application:: i Each applicanti for :a icertiricate, appro.val,:for a _trailer ,camp shall indicate.in the description the number of trailer spaces the trailer camp will include, and upon request of the Commissioner of Revenue shall supply a map or plat showing the trailer camp layout with facilities. I . Each applicant for a certificate of approval for a trailer camp or trailer lot may submit with his application an agreement signed by the abutting property owners to the effect "it is agreeable to locate a trailer camp or trailer lot on the selected site ". SECTION 20 -19. Procledureupon filing an application. The commissioner of Revenue shall consider each application,' filed as provided in Section 20 -18, and must, before acting, refer such an application to the Board of Supervisoz which may require a public hearing thereon, after first publishing notice of such hearing two times in a newspaper having a general circulation in the County. The Board of Super- visors will approve or disapprove the application and the.Commissioner of Revenue shall not issue a certificate of approval if the Board of Supervisors disapproves the application. r SECTION 20 -20. Issurance of and rights thereunder. If an application, filed as provided in Section 20 -18, be approved, the Commissioner of Revenue shall issue to the applicant in question a certificate of approval, which shall e applicant to locate, construct, maintain, operate or enlarge the trailer camp lot or trailer lot camp in question; provided such applicant complies with all of the provisions of this chapter with respect thereto. SECTION .20 -21. Prerequisite to permit or license under chapter. Except as otherwise provided in this chapter, a certificate of approval, issued as provided in Section 20 -20, shall be a prerequisite to the obtaining of any permit or license as set forth in this chapter. DIVISION 3. SPECIAL USE PERMITS FOR TEMPORARY TRAILER CAMPS. SECTION 20 -22. Issuance by Board of Supervisors; Conditions to which subject. Special use permits for temporary trailer camps may be issued by the Board of Super- visors, subject to the following conditions: (a) That the location of a temporary trailer camp is necessary for the housing of construction workers employed on an industrial or highway construction project. (b) That the request for a special use permit for a temporary trailer camp is filed by the industry or the State Highway Department or contain a certificate of the industry or the State Highway Department or contain a certificate of the industry or the State Highway Department to the effect that the temporary trailer camp in question is essential to the co: uction. (c) That a minimum of Two Thousand.square feet be provided for each trailer space in the temporary trailer camp:: r. on a__ :_s- r.. e .r rco - - _ ., fi-r 831 (d) That sanitary facilities conform to the State Health Department's "Trailer Camp Sanitation" requirements. (e) That the period for operating the temporary trailer camp in question shall with the anticipated .period of the construction. (f) That the Board of Supervisors, in granting such a special use permit for a tem- porary trailer camp, may require the execution of a surety bond to assure that the temporary trailer camp will be removed and the site left in good order at the expiration of the special use permit. (g) That the Board of Supervisors, in granting such a special use permit for a trailer -camp, may establish such additional requirements as are in the best interest of the public. SECTION 20 -23. Special use permit fee. There is hereby imposed an annual special use permit fee of Twenty Dollars for each trailer or trailer space in the temporary trailer camp in question, which fee shall be paid to the County Treasurer, before the issuance of the special use permit in question. The owner of the land, the occupant of the trailer and the general contractor for the construction project shall be jointly and severally liable for the payment of the special use permit fee. Such fee shall be for each calendar year or portion thereof that the temporary trailer camp is in opera- tion. There shall be no proration of the fee when special use permit is issued during any calendar year. SECTION 20 -24. Renewal. A special use permit for a temporary trailer camp issued as provided in Section 20- 22 shall be subject to renewal on the beginning of each calendar year, on approval by the Bo of Supervisors. An application for renewal of a special use permit may be submitted if more time is the I (required to complete the construction project in question; provided, however, that such a M Ti $Z MM renewal application must be filed at least ninety days prior to the expiration of the origi temporary use permit. DIVISION 4. LICENSING OF TRAILER CAMPS. SECTION 20 -25. Imposition of annual license tax. The owner or licensee of a trailer camp in the county shall be subject to an annual ' license tax of Twenty -five Dollars per lot for each occupied trailer space or moblie home space as of January first of each year. The owner or licensee is responsible for the pay- ment of this tax, but he may take the amount of this tax into consideration in setting the rental for his trailer spaces or mobile home spaces. SECTION 20 -26. License year; proration of license tax. The license year for the licensing of trailer camps shall run from the first day of January to the thirty -first day of December and there shall be no proration of the license tax when a license is acquired during the license year. SECTION 20 -27. Evidence of payment. Evidence of payment of the annual license tax provided for in Section 20 -25 shall consist of a receipt issued by the Treasurer of the county. Such receipt shall be exhibited in the office of the trailer camp in question or shall be available for inspection if the trailer camp has no office. ARTICLE III. SPECIFICATIONS AND REQUIREMENTS WITH REFERENCE TO TRAILER CAMPS AND TRAILER LOTS. DIVISION 1. GENERALLY. SECTION 20 -28. Application of provisions of article. All trailer camps or trailer lots within the county shall be subject to the pr,visi of this article, as provided in this article. SECTION 20 -29. Operation not to constitute nuisance. The operation of a trailer camp or a trailer lot shall not constitute a nuisance. SECTION 20 -30. Operation in accordance with rules and regulations of the State Department of Health. The operation of a trailer camp or a trailer lot shall be in accordance with the rules and regulations of the State Department of Health governing trailer camps or trailer lots. SECTION 20 -31. Location of trailer, etc., with reference to residence located outside of area of trailer camp or trailer lot. No trailer or any building used in connection with a trailer shall be located less than One Hundred Feet from any residence outside the area of the trailer camp or trailer ' lot, unless such residence is owned by the trailer owner, trailer camp owner or trailer lot owner; provided that the subsequent construction of a residence outside the area of the trailer camp or'trailer - lot� a 'di'stance -less than'Orie-Hundred-f,eet from =a _trailer- o'r any building usedlin connection with a trailer shall not require the discontinuance of use ' of such trailer or building used in connection therewith. SECTION 20 -32. Distance of trailer, etc., from property line of trailer camp or trailer lot No trailer located and no building used in connection with a trailer shall be cons- tructed less than thirty feet from the property line of such trailer camp or trailer lot in question. SECTION 20 -33. Drainage of site. Each trailer camp or trailer lot shall be located on a well drained site and proper graded to insure rapid drainage and freedom from stagnant pools of water. SECTION 20 -34. Means of waste disposal from trailers, etc. In each trailer camp or trailer lot, means of waste disposal from trailers or facilitieE shall meet the approval of the health officer. DIVISION 2. REGULATIONS PARTICULARLY APPLICABLE TO TRAILER CAMPS. SECTION 20 -35. Register of trailer camp occupants. A register shall be kept by trailer camp operators,.which shall at all times be avails inspection by law enforcement officers, public health officials and other officials whose du necessitate acquisition of the information contained in the register. The register shall show each trailer camp occupant and his address, each vehicle's license number, the trailer space occupied and dates of arrival and departure in each case. Entries in such register shall be preserved for at least three years. SECTION 20 -36. Annual report to commissioner of revenue of trailers in trailer camps. Each trailer camp operator shall, on or before the firteenth day of January of each year, provide the Commissioner of the Revenue of the county with a verified list of all trail located within his trailer camp as of the first day of January of that year. Such list shall include name of owner, address, name of occupant, address, make and model of trailer. SECTION 20 -37. Water Supply - Potable water supply generally. An adequate supply of potable water, having the approval of the health officer, shall be available within each trailer camp. SECTION 20 -38. Same -- Availability of potable water for trailer spaces and service buildings. An adequate supply of potable water, approved by the health officer, shall be avail- able in each trailer camp for each trailer space and in the service buildings. SECTION 20 -39. Same- -Hot and cold water in service buildings. Both hot and cold water shall be provided at all times in the service buildings in trailer camps. SECTION 20 -40. Garbage and rubbish cans. In each trailer camp garbage and rubbish recepticles shall be provided in quantities adequate to permit disposal of garbage and rubbish from all trailer spaces. Such recepticles shall be located not further than two hundred feet from any trailer space. Garbage and rubbish recepticles shall be emptied as frequently as may be necessary to prevent overflowing, cleaned in a manner approved by the Health Officer and kept in a sanitary condition at all times. SECTION 20 -41. Trailer spaces and internal driveways generally. In each trailer camp, a minimum area of two thousand square feet, exclusive of roadways, shall be provided for each trailer space. Each trailer space shall be at least thirt feet wide, clearly defined by permanent marks on the ground and shall abut upon an internal driveway not less than thirty feet wide, which internal driveway shall have unobstructed access to a public highway or to an access road. SECTION 20 -42. Distance between trailers, etc., parked in trailer spaces. Trailers shall be parked in trailer spaces so that there will be a minimum of fifteen feet between trailers or fifteen feet between extending attachments and other trailers. SECTION 20 -43. Walkways from trailers to service building. Walkways not less than two feet wide shall be provided from each trailer to all service buildings in the trailer camp. SECTION 20 -44. Surfaces of driveways in trailer camps. All driveways in any trailer camp shall be graveled or hardsurfaced. SECTION 20 -45. Electrical outlets for trailer spaces. An electrical outlet supplying at least one hundred and ten volts shall be installed in accordance with the National Electrical Code for each trailer space. SECTION 20 -46. Service buildings in camps accommodating only independent trailers. No service building shall be required for a trailer camp which accommodates only e for i independent trailers. Section 20 -47. Sewer service for trailer spaces. Each trailer space shall be provided with a sewer at least four inches in diameter, which shall be so connected as to receive the waste from the shower, bathtub, flush toilet,-lavatory and kitchen sink of the trailer parked in such space. Each such sewer shall be connected to a sewerage system approved by the health officer. SECTION 20 -48. Service buildings providing certain facilities in trailer camps accommoda service buildings. Each trailer camp which shall accommodate dependent trailers shall contain sufficien L J service buildings to ..provide the following facilities: 1. Toilet facilities for each ten trailer spaces. (a) For males, not less than one flush toilet and one urinal, one lavatory and.one shower or bathtub with individual dressing accommodations. (b) For females, not less than one flush toilet, one lavatory and one shower or bathtub with individual dressing accommodations. Such facilities shall be either in a separate building, or, in the same building as the facilities for males, separated therefrom by a soundproof wall. 2. For each twenty -five trailer spaces or portion thereof: (a) A separate compartment housing one flush toilet bowl receptacle for emptying bed pans or other containers of human excreta and an adequate supply of hot running water and a slop sink for cleaning same. (b) A separate compartment housing one double laundry tray and one conventional wringer type washing machine or one single laundry tray and one automatic type washing machine. 3. Heating facilities shall be provided to maintain service buildings of a temperature of at least sixty -eight degrees Fahrenheit from the first day of October to the first day of May and such temperature shall be maintained during such period. ARTICLE IV. VALIDITY OF ORDINANCE SECTION 20 -49. Severability If any section of this ordinance.shall be declared unconstitutional or invalid for any reason, the remaining sections shall not be affected thereby and shall remain in full force and effect. X �Prowj mrx.-1 I I I I I V Shawnee -land Plat 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 Approved Upon motion made by Donald Baughman and seconded by Robert Russell, be it resolved That Plat 5 - Section 22 containing lots 106 through 114 and 174, Plat 6 - Section 22 contai ing lots 68 through 71 and 115 and 116, and 172 and 173, Plat 3 - Section B containing lots 82 through 88, and Plat 7 - Section 22, Plat 8 - Section 22, Plat 9 - Section 22, Plat 10 - Section 22, Plat 11 - Section 22, Plat 12 - Section 22, Plat 13 - Section 22, and Plat 14 - Section 22. The above resolution was passed. Winchester Recreation Park Appropriation Requested Mr. William Fore appeared before the Board requesting an appropriation for the Winchester Recreation Park. He was advised his request would be considered at the Budget Meeting. Lake Holiday Estates - Deed of Dedication, Section 2 Mr. Harold Moss, President, Lake Holiday Estates, appeared before the Board re- questing approval of Section 2. Mr: Moss assured the Board there would be no septic tanks installed in either Section 1 or Section 2. Upon motion made by Thomas Brumback and seconded by Raymond Sandy, be it resolved, That action be postponed until the March 22 night meeting in order to let the Health Depart- ment confer with their officials and Mr. Moss confer with HUD. The above resolution was passed unaninously. Time for Rezonina Petitions Set 1 Upon motion made by Thomas Brumback and Seconded by Robert Russell, be it resolved That the following rezoning petitions be heard April 12, 1971: James Bowman A -2 to B -2 11:00 A. M., Robert Stickley R -1 to R -2 11:15 A. M., and Humble Oil Corp., 11:30 A. M., and E. Kemper Beard 11:45 A. M. The above resolution was passed. Statement Presented by Lord Fairfax Plannina Commission to be Prorated Upon motion made by Donald Baughman and seconded by Robert Russell, be it resol That the statement presented by the Lord Fairfax Planning District Commission for the fiscal year July 1, 1970, through June 30,•1971, be prorated to the extent that the annex- ation changed the population of Frederick County and the City of Winchester. The above resolution was passed. Special Committee on Drug Abuse Appropriation Tabled The request for a $500.00 appropriation by the Special Committee on Drug Abuse was tabled. - Recruest for use of Plaza for Apple Blossom Concessions Al Smith appeared before the Board and requested the use-of the Plaza for Apple Blossom. No action was taken at this time. The matter was referred to the meeting of March 22. 1 The above resolution was passed. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. Middletown Rescue Squad Ambulance Check Approved Upon motion made by Raymond Sandy and seconded by Donald Baughman, be it resolved, That $11,273.15 be approved for payment to the Conaway S & S Sales upon delivery of the ambulance for the Middletown Rescue Squad. Payment to be made on delivery of the ambulance.) Secr4tary, Board of Supervisors Chairman, Board of`Supervisors