February 09, 1972 to June 28, 1972175
At the Regular Meeting of the Board of Supervisors of Frederick County,.Virginia,
held in the Supervisors Room on the 9th day of February 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T.
Cole, Donald R. Hodgson and Richard F. Madigan.
The minutes of tle Regular Meeting held on the 10th'day of January 1972 and the Night
Meeting on the 24th day of January 1972 were -read and approved.
Upon motion of Richard F. Madigan and seconded by Dennis T. Cole, the minutes of
January 24th were amended by rs.tr;iking.r the words "business license" in the utilities tax
study resolution.
ACCOUNTS PAYABLE
- Accounts totaling $20,111.46 were read and approved and ordered to be paid from the
General County Fund by Warrants #00001 through #00098 inclusive. Accounts totaling $732.98
were read and approved ordered to be paid from the Dog Fund by Warrants #594 through #606
inclusive.
The accounts payable were approved upon motion made by Dennis T. Cole and seconded
by J. Robert Russell.
JANUARY PAYROLL - APPROVED
Payrolls totaling $8,457.19 paid from the General County Fund by Warrants #8819
through #8839 inclusive and payroll totaling $393.11 paid from the Dog Fund by Warrant #593
were read and approved upon motion made by Dennis T. Cole and seconded by Richard F. Madigan.
REPORTS APPROVED
Upon motion duly made and secon dE�d reports of L. H. Anderson, Sheriff; Dorothy
B. Keckley, Treasurer; R. C. King, Highway Department; Harold Whitacre, Dog Warden; Charles
Bass, Subdivision Administrator were approved.
INIA'S FREEDOM OF INFORMATION ACT - STATEMENT MADE BY CHAIRMAN
There was a short discussion concerning a letter.from Jack Davis, General Manager
of the Winchester Evening Star, asking the Board for a statement as to, "whether the Freedom
of Information act now on the books has thwarted in any way the legislative process locally."
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, it was
agreed by the Board members to let Chairman Sandy speak for Frederick County.
Chairman Sandy stated, "that the Freedom of Information law as enacted by the 1968
General Assembly has not impaired the legislative process of Frederick County in the past."
TRAILER PERMIT GRANTED TO RICHARD R. PEACEMAKER 1/10/72 - REVOKED
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Frederick County Board of Supervisors does herein revoke
the trailer permit granted to Richard R. Peacemaker of Stephens City on January "10, 1972,
BE IT FURTHER RESOLVED, That the matter be referred to the Frederick County Sheriff
and the Frederick County Health Department.
The above resolution was passed.
WORDING OF COUNTY TAG ORDINANCE DISCUSSED
Supervisor:Cole had a question regarding personal property taxes being discontinued
as a requirement for purchasing a County tag. This question was answered by E. O. Rudolph, Ji
There was a brief discussion on the location to sell the tags.
EXECUTIVE SECRETARY'S REPORT
Road Viewers - Appointed
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That in accordance with provisions of the Code of Virginia the
following individuals are herein appointed road viewers for the County of Frederick:
176
Back Creek - John P. Bell, Gore, Virginia
Gainesboro - Vernon Unger, Route 2, Winchester, Virginia
Stonewall - Authur L. Bragg, Brucetown, Virginia.
Shawnee - James Diehl, Route 6, Winchester, Virginia
Opequon - Frederick M. Gore, Middletown, Virginia. ,
BE IT FURTHER RESOLVED, That in accordance with provisions of the 1971 -72 Budget of
the County of Frederick, the above named individuals be compensated at the rate of ten dollars
($10) each for their services.
The above resolution was passed.
ng Set - March 8, 1972 - 7:30 P.M. '
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That in accordance with provisions of the Code of Virginia the 1972
Annual Road Hearing for the County of Frederick be set for 7:30 P.M. March 8, 1972, in the
Frederick County Court House.
The above resolution was passed.
Buildinq Renovation - Approved
The Executive Secretary stated that in order to formalize the Board's decision made
in the January 31st work session that a resolution was needed. The Executive Secretary stated
that Keith Williams had a report on the soundness of the A & N Building but was not available,
so Hubert T. Stratton, Architect, was asked to go over the A & N Building. At this time, Mr.
Stratton gave a verbal report to the Board of Supervisors stating that his inspection was
superficial, but going from experience in similar buildings plus the use that the building has ,
been put to, he could see no problems on temporary renovation. At this time, Mr. Stratton
answered questions from Board members and there was a short discussion on fire excapes.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That there exists a need among various County departments for addit-
ional office space, and
BE IT FURTHER RESOLVED, That the Board of Supervisors recognizes these needs for the
next four years until a governmental complex can be constructed, does herein authorize the
renovation of the second and part of the third floors of the Old Power company Building and
does herein also authorize improvements to the men's public restroom, and
BE IT FURTHER RESOLVED, That the Executive Secretary is herein authorized and
directed to accomplish the above in the most economical manner and in accordance with pur-
chasing and contract policies of this County and the Code of Virginia.
By recorded vote with Raymond C. Sandy, J. Robert Russell, Donald R. Hodgson, '
Richard F. Madigan voting "for" and Dennis T. Cole "abstaining ", the above resolution was
passed.
The Executive Secretary presented a cost analysis of the renovation.
Real Estate Tax Comparisons Report Given by Executive Secretary ,
As requested the following report was given by the Executive Secretary for real
estate tax on a $30,000 house:
Jurisdiction
Rate Per $100
Assessment Ratio
Winchester
$2.70
50%
Frederick County
$3.40
20%
Warren County
$3.90
20%
Clarke County
$3.25
25%
Real Estate Tax on
a $30,000 house
in Winchester
= $405.00
Frederick
- $204.00
Warren
= $234.00
Clarke
= $243.75
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E. 0. Rudolph, Jr. noted that Frederick County was among the 17 lowest real estate
taxes in the State.
( Increase in salary of Mrs. Wilbur Anderson - Approved
The Executive Secretary stated that it has been the policy in the past that Mrs.
Anderson does the cleaning in the Office of the County Court and the Sheriff's Office on a
part -time basis and is paid accordingly. Since the Commonwealth Attorney's Office is now
located in the Court House it is necessary for Mrs. Anderson to clean those offices and she
has agreed to do so for an additional $20.00 per month.
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the compensation of Mrs. Wilbur Anderson be increased by $20.
per month due to additional duties,
BE IT FURTHER RESOLVED, That.the aboyenauthorized increase in compensation be
retroactive to January 1, 1972.
The above resolution was passed.
Drug Center - Stonewall District
The Executive Secretary stated that this item had been removed from the Agenda due
to lack of information.
Emergency Landfill Rate - Approved
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That in order to protect the financial operation of the Sanitary
Landfill the following emergency rate is herein established:
1. Pickup Truck
2. All other units not
otherwise indicated
$1.00
$ .80 /cu.yd as measured
3. Packer Units - Rate per cubic
yard capacity of unit
$ .80 /cu.yd
BE IT FURTHER RESOLVED, That this rate shall be put into effect at the direction of
the Executive Secretary upon the failure of the present weight system to function properly.
BE IT FURTHER RESOLVED, That this emergency rate shall be suspended by the directioi
of the Executive Secretary upon.correction of any defaults in the weight system.
The above resolution was passed.
TIRE RATE SET FOR SANITARY LANDFILL - APPROVED
Upon motion of Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That tires for various vehicles will be accepted at the Sanitary
Landfill for purpose-of collection at the following rate:
Car Tires $ .50
Truck Tires $ .75
Tractor Tires $1.00
BE IT FURTHER RESOLVED, That this rate shall go into effect March 1, 1972.
I
The above resolution was passed.
J. ROBERT RUSSELL - APPOINTED AUTHORIZING AGENT FOR
LOCAL HOSPITALIZATION
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, the Board of
Supervisors appointed J. Robert Russell as Authorizing Agent for Local Hospitalization.
PURCHASE OF PHOTOSTATIC MACHINE TO BE USED JOINTLY BY
SHERIFF'S DEPT. AND COMM. ATTORNEY - APPROVED
The Executive Secretary read a letter from Lacy H. Anderson, Sheriff requesting
approval for the purchase of a photostatic machine to be used jointly by the Sheriff's Depar
ment and Commonwealth Attorney's Office. A copier was suggested at the price of $349.00.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
178
BE IT RESOLVED, That'the Board of Supervisors does grant approval to the Sheriff's
Department to purchase a photostatic machine to be used jointly by the Sheriff's Department
the Commonwealth Attorney's Office.
The above resolution was passed.
LETTER OF APPRECIATION RECEIVED FROM H. L. MCCANN AND D. M. RICE
Chairman Sandy read a letter of appreciation to the Board members for Frederick
County Seals presented to H. L. McCann and Dorothy M. Rice upon their retirement.
LETTER READ FROM JUDGE GERMELMAN, JR.
A letter was read to the Board from Judge Germelman stressing his need for
additional space.
RECOMMENDATION OF JAMES W. GOLLADAY TO STREAMLINE SCHEDULING
ON REZONING APPLICATIONS - APPROVED
Upon motion made by J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors does accept the recommendations of
James W. Golladay, Chairman of the Frederick County Planning Commission, on the following
changes:
a.
b .
When a Rezoning Application is received by the Executive Secretary make it an
administrative action for him to refer it to the Planning Commission.rather than
retaining it for the next Board of Supervisors' Meeting to do the same thing.
After the Planning Commission has made its recommendation make it an administ-
rative action of the Executive Secretary to schedule and advertise a Public
Hearing fitting into the Regular Board of Supervisors Meeting dates rather than
hold it for the next Regular Meeting to bring it before the Board and then have
it scheduled and approved for Public Hearing.
BE IT FURTHER RESOLVED, That the above recommeh are subject to the Common-
wealth Attorney's approval.
The above resolution was passed.
MRS. G. T. DUNN - VARIANCE TO SUBDIVISION ORDINANCE
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That Mrs. G. T. Dunn of Bartonsville is granted a variance to the
Subdivision Ordinance in order to sell two houses located in Stonewall District, pursuant to
recommendation of Subdivision administrator, Charles E. Bass,
BE IT FURTHER RESOLVED, That this variance is granted subject to the addition of 1001
feet of land located to the rear of these houses for a future drain field.
The above resolution was passed.
BISHOP LOTS 1. 2. 3 - APPROVED
Upon motion of J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
the plat of Bishop Lots containing Lots 1, 2, and 3 located on Va. Route 608 in the Gainesboro
District.
The above resolution was passed.
WAKELAND ESTATES - SECTION B. LOTS 7 & 8 - APPROVED
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
the plat of Wakeland Estates, Section B, Lots 7 and 8 located on Va. Route 642 in Opequon
District.
I F I
IJ
The above resolution was passed.
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ZONING ORDINANCE STUDY TO BE CONTINUED - APPROVED
Upon motion of Richard F. Madigan and seconded by J., Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does hereby authorize the Chairman to
contact James W. Golladay, Chairman of the Planning Commission, to make arrangements to pro-
ceed as rapidly possible with the Zoning matters of the County stating cooperation and
additional funds.
BE IT FURTHER RESOLVED, That the Board of Supervisors and Planning Commission be
r
given the power to require the services of any of the department heads in order to bring
of the zoning ordinance to a conclusion.
The above resolution was passed.
M. B. RITENOUR_ —EWES KILLED - PAID
Upon motion of Richard F. Madigan and seconded by Dennis T. Cole, payment was auth-
orized in the amount of $30.00 to M. B. Ritenour for two (2) ewes killed January 19, 1972.
AT DOG POUND COMPLETED
Harold Whitacre,, Dog Warden, told the Board that the new roof over the east side of
the Dog Pound was completed.
WINC RADIO REQUESTED BY CHAIRMAN TO MAKE EDITORIAL ON DOG POUND
Chairman Sandy requested David Lewis of WINC Radio to make an editorial on the Dog
Pound. It was noted that Frederick County had a Dog Pound to be proud of.
SUPPORT OF STATE LEGISLATION TO BE EXPRESSED TO REPRESENTATIVES
IN GENERAL ASSEMBLY
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors wishes to express to
our Area representatives in the - General Assembly of Virginia their support of the following
legislation pending before said Assembly:
1. Proposed amendment to the Constitution of Virginia to require favorable refer-
endum of each political subdivision before annexation can be made.
2. Bill to amend and reenact Sec. 27 -23.1 of the Code of Virginia relating to
establishment of five zones or districts and tax levies therefor
3. Bill to amend Sec. 15.1 -473 of the Code of Virginia, relating to the provision
that plats in subdivisions and of subdivisions must be approved before being
recorded by the Clerks of the Courts,
BE IT FURTHER RESOLVED, That it is strongly urged that the General Assembly con
and pass the above provisions in this session of the assembly.
The above resolution was passed.
Upon motion of Dennis T. Cole and seconded by J. Robert Russell, be it resolved,
that the Board of Supervisors does approve to send a telegram to our area representatives
statting their opinion of the above legislation.
WELFARE DEPARTMENT BEING UNDER THE DIRECTION OF THE STATE - OPPOSED
Upon motion of Richard F. Madigan and seconded by Dennis T. Cole, Be It Resolved,
That the Board of"'Supervisors does oppose the Welfare Department being under the direction
Upon motioncf Dennis T. Cole and seconded by Richard F. Madigan, the following
public hearing will be held March 8, 1972:
7 P.M. Harry S. White, Jr. - ornamental iron and welding shop A -1 to M -1
of the State instead of the County,
HARRY SCOTT WHITE, JR. - PUBLIC HEARING SET - 3/8/72
The above resolution was passed.
180
the Department operational.
Upon motion of Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors does approve the following budget
changes to make the Commission on Parks and Recreation operational for the FY 1971 - 1972:
Salaries . . . . . . . . . . . . . . $4,500.00
Operational . . . . . . . . . . . . . 2,200.00
Capital Outlay . . . . . . . . . . . 3,300.00
Total: $10,000.00
The above resolution was passed.
H. C. CHRISTIANSON'S REPORT ON LANDFILL - TABLED
Upon motion of Dennis T. Cole and seconded by Richard F. Madigan, '
BE IT RESOLVED, That the Board does herein table the Landfill report of H. C.
Christianson until the Regualr March meeting of the Board when the Commonwealth Attorney can
be there, also.
The above resolution was passed. '
NATIONAL BUILDING CODE ADOPTED AS FREDERICK COUNTY BUILDING CODE
The Executive Secretary read a letter from Don E. Krueger recommending that the
County adopt the National Building Code as the Frederick County Building Code. Members of
the Board of Supervisors and several Citizens gave examples of poor construction of homes in
the County and stated that a building code would be very important to the County. Supervisor
Hodgson stated that he and other builders had been thinking along these lines for a long time
and would like to see a building code adopted.
LANDFILL REPORT PRESENTED BY DON KRUEGER
Don E. Krueger presented Section I of his Landfill Study which concluded with a list
of twenty (20) recommendations. There was a.discussion on the critical shortage of cover
material
and the burning at the Landfill. Mr. Krueger noted that the Regulations of the
Virginia
Department of Health Governing Disposal,of Solid Waste clearly states that, "burning
of solid
waste shall not be allowed."
'
In his report, Mr. Krueger requested funds for a topography map to be prepared in
order to
plan future operation and eventual use of the Landfill.
FUNDS APPROVED FOR TOPOGRAPHY MAP TO BE MADE OF LANDFILL
Upon motion of Dennis T. Cole and seconded by J. Robert Russell,
,
BE IT RESOLVED, That the Board does authorize $540.00 for a topography map to be
prepared
of the Landfill in order to plan future use and operation.
The above resolution was passed.
7 P.M. THE BOARD WENT INTO EXECUTIVE SESSION WITH THE FREDERICK COUNTY
RECREATION COMMISSION.
ROBERT E. FLETCHER APPOINTED DIRECTOR OF THE FREDERICK COUNTY
COMMISSION OF PARKS AND RECREATION
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does accept the
recommendation of the Frederick County Commission on Parks and Recreation and does,herein, ,
appoint Robert E. Fletcher as Director of Parks and Recreation to begin work March 1, 1972 at
a salary
of $10,000.
The above resolution was passed unamiously.
BUDGET CHANGES FOR COMMISSION FOR PARKS AND RECREATION - APPROVED
'
The Executive Secretary stated that budget changes need to be taken in order to make
the Department operational.
Upon motion of Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors does approve the following budget
changes to make the Commission on Parks and Recreation operational for the FY 1971 - 1972:
Salaries . . . . . . . . . . . . . . $4,500.00
Operational . . . . . . . . . . . . . 2,200.00
Capital Outlay . . . . . . . . . . . 3,300.00
Total: $10,000.00
The above resolution was passed.
H. C. CHRISTIANSON'S REPORT ON LANDFILL - TABLED
Upon motion of Dennis T. Cole and seconded by Richard F. Madigan, '
BE IT RESOLVED, That the Board does herein table the Landfill report of H. C.
Christianson until the Regualr March meeting of the Board when the Commonwealth Attorney can
be there, also.
The above resolution was passed. '
NATIONAL BUILDING CODE ADOPTED AS FREDERICK COUNTY BUILDING CODE
The Executive Secretary read a letter from Don E. Krueger recommending that the
County adopt the National Building Code as the Frederick County Building Code. Members of
the Board of Supervisors and several Citizens gave examples of poor construction of homes in
the County and stated that a building code would be very important to the County. Supervisor
Hodgson stated that he and other builders had been thinking along these lines for a long time
and would like to see a building code adopted.
0
181
Upon motion of Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the National Building Code be adopted as the Frederick County
Building and the following ordinance be approved on the 1st and'2nd reading.
AN ORDINANCE PROVIDING FOR FIRE LIMITS, AND REGULATIONS
GOVERNING THE CONSTRUCTION, ALTERATION, REMOVAL, DEMOLITION,
EQUIPMENT, USE AND OCCUPANCY, LOCATION AND MAINTENANCE OF
BUILDINGS AND STRUCTURES IN THE COUNTY OF FREDERICK.
The above resolution was passed.
FEASIBILITY STUDY OF GOVERNMENTAL REORGANIZATION
AND SANITATION DISTRICT - APPROVED
Richard F. Madigan gave out outlines showing governmental reorganization with the
creation of the following divisions:
1. Department of Accounting
2. Department of Data Processing
3. Department of Engineering
4. Department of Parks and Recreation
5. Department of Planning & Development
And one of the major concerns would be the Department of Engineering which would
include the following divisions:
1. Refuse Collection with
a. Sanitary District Collection
b. County Wide Collection Point System'
2: Sanitary Landfill
3. Building Inspections
4. Utilities with
a. Sewer
b. Water
Supervisor- further explained that this would give the County better organ-
ization. These two proposals were'discussed by the members of the Board..
Upon motion of Richard F. Madigan and seconded by Donald R. Hodgson;
BE IT RESOLVED, That the Board of Supervisors does herein approve a feasibility
study of the proposed governmental re- organization and Sanitary District.
The above resolution was passed.
INDUSTRIAL DEVELOPMENT AUTHORITY ASKED FOR REPORT
Upon motion of Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors does herein request the Industrial
Development Authority to present a complete report on what they have accomplished during the
past year and their projections on what they intend to do in the next year.
BE IT FURTHER RESOLVED, That this report be presented by the Regular Meeting in Apri.
The above resolution was.passed.
SPECIAL MEETING BETWEEN BOARD AND SANITATION AUTHORITY SET
The.Board_ agreed to have a meeting with the Sanitation Authority on February 21,
1972 at 7:30 P.M.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
Chai , Board of Sup e isors
At the Regular Night Meeting of the Board of Supervisors of Frederick County,
Virginia, held in the Frederick County Court Room on the 23rd day of February 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T.
Cole, Donald R. Hodgson and Richard F. Madigan.
182
PENALTY CLAUSE REMOVED FROM TAG ORDINANCE - APPROVED
Upon motion of Dennis T. Cole and.seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors does herein remove the penalty clause
from the Amendment to the Frederick County Tag Ordinance.
K
By recorded vote with Raymond C. Sandy, Dennis T. Cole, Richard F. Madigan, Donald
R. Hodgson voting "for" and J. Robert Russell voting. "against ", the above resolution was passe(
AMENDMENT TO THE FREDERICK COUNTY TAG ORDINANCE - APPROVED
Upon motion of Dennis T. Cole and seconded by Richard F...Madfgan,
BE IT RESOLVED, That the Board of Supervisors does approve the Amendment to the
Frederick County Tag Ordinance as follows on the third reading:
AN ORDINANCE TO AMEND AN ORDINANCE PASSED AUGUST 10, 1970,
TO EMPOWER THE COUNTY OF FREDERICK, VIRGINIA, TO LEVY AND
ASSESS TAXES AND CHARGE LICENSE FEES UPON MOTOR VEHICLES,
TRAILERS, AND SEMITRAILERS: LIMITATIONS OF AMOUNT; DIS-
POSITION OF REVENUE; REQUIRING EVIDENCE OF PAYMENT OF
PERSONAL PROPERTY TAXES; PROHIBITING DISPLAY OF TAGS AFTER
EXPIRATION; PUNISHMENT FOR VIOLATION; IN ACCORDANCE WITH
THE PROVISIONS SET FORTH IN SECTION 46.1 -65 OF THE CODE OF
VIRGINIA ( 1950 ), AS AMENDED.
BE IT ORDAINED by the Board of Supervisors of Frederick County, Virginia, that:.
Section 1: That Section 1 sub - section (a) of said referenced Ordinance'be amended
to read as follows:
" TRAILER : Every vehicle without engine power designed for carrying.property or
passengers wholly on its own structure and for being drawn by a motor vehicle."
Section 2:. That Section 2 of said referenced Ordinance be amended to read as follow
"The said tax and license fee upon motor vehicles, in Frederick County, shall be
collectible from the owner of such motor vehicle, and license tags issued by the
Office of the Treasurer of Frederick County, all fees collected for the license
tags issued under this ordinance shall be.deposited by the Treasurer in the same
manner as that prescribed for other County monies: The Treasurer shall begin
collection and issuance of tags on the 15th day of March, 1971, and the deadline
for the payment of the license tax for the license year 1971 shall be the 1st day
of May, 1971; and in subsequent years the collection and issuance by said Treasurer
of said tax and tags shall begin on the 15th day of March of each year and the dead-
line for payment shall be the 15th day of April of each subsequent license year
beginning in the license year 1972; the said 15th day of 'April of each subsequent
year being designated the expiration date of such license for the previous license
year, and provided that in the license year.1971 and in subsequent license years
after 1971 the said tax and license fee shall be subject to pro- ration for fract-
ional periods of years as set forth by the guide lines of the Code of Virginia, 1950
as amended, in Section 46.1 -165. The revenue derived from all county taxes and
license fees imposed upon motor vehicles, shall be applied to general county purposes
The terms "tag" and "Plates" as set forth in this ordinance shall also be
interpreted to mean "sticker "; the county having the option of requiring either meta
tags or a windshield type sticker for the purposes of meeting the requirements of
display as set forth herein. Any sticker license issued under this ordinance shall
be affixed on the windshield of the motor vehicle in accordance with Virginia State
Law Regulations. Such sticker shall be displayed on any motor vehicle, in open and
obvious view insofar as allowed by the laws of the Commonwealth."
;:
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183
Section 3: That Section 3 of said referenced Ordinance be amended to read as folio
"The tax and license fee upon motor vehicles in Frederick County shall be as follows:
(a) The annual Motor vehicle licnese taxes levied are:
1. Passenger cars not used for hire: • $10.00
' 2. Convertible use ( Conv. ) vehicle: $10.00
3. Private school bus: $ .25 per hundred pounds of weight or major fraction
thereof; exeept in no event shall any tax or license fee be greater than
$10.00.
4. Taxicab: $ .50 per hundred pounds of weight or major fraction thereof;
except in no event shall any tax or license fee for such vehicle be greater
than $10.00.
5. Motorcycle, with or without side car: $3.00
6. Truck as a single unit or tractor truck: $10.00
(b) This ordinance shall not apply to motor vehicles as excepted from such levy by
Section 46.1 -66 of the Code of Virginia, 1950, as amended."
Section 4: That Section 7 of said referenced Ordinance be amended to read as follows
"It shall be required that, after the deadline dates as hereinbefore set forth, such
county motor vehicle tag be properly displayed upon such motor vehicles subject to
this ordinance. Failure to properly display such tag upon such motor vehicle shall
result upon violation therefore, in a fine, not to exceed $25.00 or imprisonment in
the county jail for a period of time not to exceed 10 days, or both. Such proceed-
' ings for enforcement of this ordinance shall be before the Judge of the County Court
in like manner and with like right of appeal as if such violation were misdemeanors.'
Section 5: That Section 8 of said referenced Ordinance be amended to read as follows
"It is further provided that it shall be unlawful for any owner of a motor vehicle
to display upon such motor vehicle any license plate of the county after the expir-
ation date of such license plate. A violation under this paragraph shall constitute
a.misdemeanor and be punishable by a fine not exceeding $20.00."
It is hereby declared to be the intention of the County Board that the section,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be de-
clared unconstitutional or invalid by the valid judgment or decree of a Court of
competent jurisdiction, such unconstitutionality or invalidity shall not effect any
of the remaining phrases, clauses, sentences, paragraphs and sections of this
' ordinance.
By recorded vote with Raymond C. Sandy, J.�� Russell, Dennis T. Cole, Donald
Hodgson and Richard F. Madigan voting "yes ", the above resolution was passed.
UTILITY TAX ORDINANCE - FIRST READING - APPROVED
The Utility Tax Ordinance presented for the first reading was discussed by the Board
members with Chairman Sandy noting that the utilities tax was one of the most equitable forms
f taxation proposed in the County in some years and onuld spread the tax burden equally
tead of placing it on the real estate and personal property taxpayers.
In a memorandum from the Executive Secretary's Office, the total estimated revenue
local utility companies would be approximately $188,000.
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does approve the Utility Tax Ordinance
follows on the first reading:
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AN ORDINANCE TO IMPOSE A TAX ON PERSONS IN FREDERICK COUNTY PURCHASING
CERTAIN UTILITY SERVICES, FIXING THE AMOUNT OF TAX, TO PROVIDE REVENUE
FOR THE GENERAL FUND OF FREDERICK COUNTY, AND PROVIDING FOR ITS COLLECTION.
The above resolution was passed.
STUDY OF DRUG TREATMENT CENTER, SHALOM et BENEDICTUS - REFERRED I
TO COMMONWEALTH ATTORNEY
A letter to the Executive Secretary from Lewis M. Costello, Counsel for Shalom et
Benedictus, Inc., was read which stated that the charitable organization located at Jordan
Springs was an educational facility and schools are permitted under County zoning regulations.
Upon motion of Dennis T. Cole and seconded by J. Robert Russell, '
BE IT RESOLVED, That the Board of Supervisors does refer the matter of Shalom et
Benedictus to the Commonwealth Attorney for study.
The above resolution was passed.
TRAILER PERMITS - APPROVED
Upon motion of.Donald R. Hodgson and seconded by J. Robert Russell,
BE IT RESOLVED, That the following trailer permits are approved,
James E; Elliott
George Grites - approved with stipulation that there is an approved
sewer system.
W. M. Hockman
Jack Kerns
Joseph L. Manuel
Jerry J. Massey
The above resolution was passed.
VALLEY SECURITY SERVICE '
Mr. William Karras of White Post, Virginia, appeared before the Board to state that
he hoped to open a security service in the County. Mr. Karras stated that Valley Security
Service would involve three men and three patrol cars equipped with radio - telephone to provide
watchmen sevice for the County businesses. He, also, stated that the Sheriff and Winchester
Chief of Police had approved his plans.
The Commonwealth Attorney stated there would be no problem as long as they were
bonded and had insuraice.
CENTRAL ACCOUNTING - APPROVED
The Executive Secretary read a letter from Joseph S. James, Auditor of Public
Accounts stating that a centralized system would be warranted. The Executive Secretary stated
that there were no objections for the Departments of Education, Welfare, and Revenue for
central accounting. ,
George Whitacre, Clerk of the Circuit Court, had several questions as to the need
for central accounting which the Executive Secretary answered.
Upon motion of Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Frederick County Board of Supervisors in accordance with
Section 15.1- 117(17) of the Code of Virginia (1950), as amended, does herein establish the '
Department of Accounting.
BE IT FURTHER RESOLVED, That the Department of Accounting shall put into effect on
y 1, 1972, a system of centralized accounting for the County of Frederick.
BE IT FURTHER RESOLVED, That in order to establish a clear statement of intact and
rection for the Department of Accounting the following Administrative Regulations are
n
Finance - Accounting Organization
185
Section 1 -1 . Pursuant to authority contained in Section 15.1- 117(17) of the Code of Virginia
(1950), as amended, the Department of Accounting is herein created under the direction of the
Office of the Executive Secretary.
Section 1 -2 . It shall be the objective of the Department of Accounting to maintain a
centralized system of accounting, as provided by the Cdde of Virginia and as approved by the
Auditor of Public Accounts, for the County of Frederick, including the Board of Education and
the Board of Public Welfare.
Section 1 -3 . In addition to those provisions as set forth in the Code of Virginia as being
the objective of a Central Accounting System the following duties are herein established
within the Department of Accounting:
(1)
Preparation
of an overall long
range
financial plan
for the County.
(2)
Prescribes,
develops, installs,
and
revises county
financial systems and
procedures.
(3) Manages overall County Insurance Programs.
(4)
Forms
Control.
(5)
Shall
assist the
Executive Secretary
in the preparation and the review of the
annual budgeting in accordance with Section 15.1- 117(10) of the Code of Virginia
(1950), as amended.
(6) Establish a system of controls, as set forth in Section 15.1 -128, Code of Virginia
(1950), as amended, as are necessary for the proper operation of a system of
competitive purchasing as set forth in the Code of Virginia.
F�
Section 1 -4 . The Department of Accounting shall be under the direct suspervision of the
Executive Secretary, and as such the Executive Secretary is herein vested with those powers
and duties as set forth in Chapter 2, Article 8, Code of Virginia (1950), as amended, with
reference to the directives of the Board of Supervisors as stated in this Ordinance.
Section 1 -5 . The Board of Supervisors shall authorize the appointment of a Deputy to the
Executive Secretary for the purpose of directing and obtanirg the objectives as set forth in
this article. This Deputy shall be referred to as the Director of Accounting.
Section 1 -6 . It shall be the duty of the Director of Accounting to carry out the directives
of this Article and to perform other duties that might be given to him from time to time by
the Executive Secretary or directed by the Board of Supervisors.
Section 1 -7 . It shall be the responsibility of the Executive Secretary from time to time upon
recommendationscof the Director of Accounting to issue-Administrative Regulations, as approved
by General Resolution of the Board of Supervisors, that.will assure the obtainment of the
objectives of this article.
Section 1 -8 . The Budget for the Department of Accounting shall be prorated to each Budget
Fund in accordance with the percent of the overall budget that each fund comprises.,
By recorded vote with Raymond C. Sandy, J. Robert Russell, Dennis T. Cole, Donald R.
Hodgson and Richard F. Madigan voting "yes ", the above resolution was passed.
In casting his vote, Mr. Russell stated that from serving on the Bard for the past
four years and in on the budget sessions that centralized accounting for the County is very
essential and in the long run would save the County money.
CHAIRMAN TO APPOINT DIRECTOR OF ACCOUNTING - APPROVED
Upon motion of Richard F. Madigan and seconded by Dennis T. Cole,
-- BE - -I -T- RESOLVED, That the Chairman of the Board is herein authorized to appoint a
Director of Accounting at the salary of $12,000 a year.
AND BE IT FURTHER RESOLVED, That a supplemental appropriation is herein made in the
186 !
amount of $4,200 for the support of the Director of Accounting for the balance of the fiscal
year
The above resolution was passed.
LETTER TO BE SENT TO STATE COMPENSATION BOARD RE: POSITION OF
ASSISTANT COMMONWEALTH ATTORNEY
Dennis Cole requested that a letter be sent to the Compensation Board explaining the
urgent need for the position of Assistant Commonwealth Attorney to be approved in order to
help the Commonwealth Attorney with his heavy work load.
The Executive Secretary explained that two letters had been sent.
Upon motion of Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board does herein authorize the Chairman to write to the
State Compensation Board requesting the re- establishment of the position of Assistant
Commonwealth Attorney and indicate the immediate need on this request.
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
9 " I ZA� "YL�
Sect etarS Board of Supervisors
Chair
ma Board of SupeVisors
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia,
in the Supervisors Room on the 8th day of March, 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T. Co
R. Hodgson and Richard F. Madigan.
The minutes of the Regular Meeting held on the 9th day of February, 1972 and the
Meeting on the 23rd day of February, 1972 were read and approved.
FC01K711k Dim 7 i*:!10M
Accounts totaling $32,881.67 were read and approved and ordered to be paid from the
al Fund by Warrants #00139 through #00232 inclusive. Accounts totaling $527.30 were read
and approved and - ordered to be paid from the Dog Fund by Warrants #608 through #619 inclusive.
The accounts payable were approved upon motion made by J. Robert Russell and Richard
Madigan.
FEBRUARY PAYROLL - APPROVED
Payrolls totaling+$8,653.19 paid from the General Fund by Warrants #00099 through
400138 inclusive and payroll totaling $393.11 paid from the Dog Fund by Warrant #607 were
read and approved upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson.
GENE GUNTER - PAYMENT REQUESTED FOR'SERVICES DURING ANNEXATION SUIT
E. Eugene Gunter appeared before the new Board to request that the remainder of his
bill, for services rendered and costs advanced in the annexation suit be paid. Mr. Gunter
stated that he felt that the new Board was entitled to analyze the situation and make its own
decision before any type of litigation was initiated. Mr. Gunter had presented the last Board
with a bill of $15,250:00 for his services. The last Board paid Mr. Gunter ten percent of tha
amount, $1,525.00, for expenses incurred.
Mr. Gunter restated his case to the Board and noted that the two legal counsels
loyed by the County during the annexation suit had been paid-for their services and that he
expected to be paid even though there was not a written contract. Mr. Gunter further
xplained that these services could not be termed part of the County Attorney's ordinary duties
Chairman Sandy stated that the County officials at that time spent many hours over
the annexation suit and were not compensated,
187
Mr. Gunter replied that he was asking for compensation for what he did as an
attorney over and beyond his role as a legal officer of the County.
Mr..Russell stated that in.the Budget Hearings last year the question was asked on
several occasions as to whether anyone had any further bills and no one came forth with any
additional bills. Therefore,.the Board was surprised when Mr. Gunter's bill was received
' since the Board felt he was representing the County.in the annexation suit. This was verifie
by Chairman Sandy.
The Executive Secretary stated that a decision had -been requested from the Attorney
General in this case, but he had replied that this was a matter for the Board of Supervisors
' to decide.
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the request of E. Eugene Gunter for payment of the balance of
$13,725.00 be studied by each member of the Board.
AND BE IT FURTHER RESOLVED, That the Board of Supervisors does agree to waive the
statute of limitations in the case for up to sixty days from the date it comes back to the
Board Meeting.
The above resolution was passed.
ED DUNCAN OF LORD FAIRFAX PLANNING DISTRICT
Ed Duncan, Executive Director of the Lord Fairfax Planning District, gave a brief
report to the Board and introduced the two new members of his staff: Allan Ross, Human
Resource Planner and Carl Hammons, Regional Planner. Mr, Duncan stated that this.completed
the staffing of his office and they were available to work with the Board of Supervisors in
' any capacity.
ROBERT E. FLETCHER OF DEPT. OF PARKS AND RECREATION
Robert E. Fletcher, Director of Parks and Recreation thanked the Board for giving
him the opportunity to serve the County.
LAW LIBRARY REQUESTED BY COMMONWEALTH ATTORNEY - APPROVED
L. R. Ambrogi, Commonwealth Attorney, discussed the need for a Law Library in the
County..,_ Mr._.Ambrogi introduced Thomas Yarborough of West Publishing Company who; :presented a
contract to the Board in the amount of $5,425.50 for law books. Mr. Ambrogi indicated that
there would be approximately $600.00 in additional books from various other firms.
Upon motion of Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors does agree to purchase law books in
the amount of $6,000.00.
I The above resolution was passed.
REPORTS APPROVED
Upon motion duly made and seconded.,the reports of L. H. Anderson, Sheriff; Dorothy
B. Keckley, Treasurer; R. C. King, Highway Department; Harold Whitacre, Dog Warden; Charles
Bass, Subdivision Administrator were approved.
I
RICHARD K. BOYD - BOBCAT BOUNTY - PAID
Upon motion of J. Robert Russell and seconded by Richard F. Madigan, payment was
authorized in the amount of $10.00 .to.Richard -K - .Boyd for two bobcats killed January 2, 1972.
C. E. LIZER - LAMB KILL -, PAID
Upon motion of J. Robert Russell and seconded by Richard F. Madigan, payment was
authorized in the amount of $39.20 to C. E. Lizer for two lambs.killed February 19 and 23,
1972. _
EXECUTIVE SECRETARY'S REPORT
Budget Transfers
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
N 0 #
BE IT RESOLVED, That the following Budget transfers are herein authorized:
From Compensation of Election Officials
13 -013A- 112 ................... ......................$6,
To Compensation Data Processing
O1 -OO1F- 109 ................... ......................$3,00
Insurance ............... 13 -013A- 210 ............. $ 464.10
Ballots.. ............13 -013A- 299 ............. 240.46
Voting Machines ......... 13 -013A- 499 ............. 783.20
Compensation ............ 13 -013B- 102 ............. 1,544.84
Compensation ............ 13 -013B- 109 ............. 575.00
Advertising ............. 13 -013B- 200............. 85.00
Equipment Rental ........ 13 -013B- 217 ............ 50,00
The above resolution was passed.
Total Transfers ......... $6,,742.60
Building Code - Public Hearing Set - 7:30 P.M. %: 10, 1972
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That a Public Hearing on the proposed Building Code for the County
of Frederick be set for 7:30 P.M,, Wednesday, May 10, 1972 in the Frederick County Court
The above resolution was passed.
County Reorganization - Approved
The Executive Secretary presented the following analysis of the proposed reorganiza-
tion plan indicating date authorized:
Department of Accounting - February 23, 1972
Department of Data Processing - April 1, 1971
Department of Parks and Recreation - December, 1971
Department of Planning and Development - October, 1971
Department of Engineering
Division of Solid Waste Control
Division of Inspections
Division of Utilities
The Executive Secretary noted that of the five departments only oHe is not in opera-
tion at this time and that is the Department of Engineering. The Executive Secretary went
the cost projections and projected revenue and explained the reorganization plan with the aid
of a chart.
There was a lengthy discussion with several citizens questioning the need of the
Executive Secretary's Office and the various departments reporting to the Board through the
office of the Executive Secretary.
The Executive Secretary explained that his role was to serve as a coordinator for
the Board and to carry out proposals authorized by the Board.
Several members of the Taxpayers Association expressed opposition to placing the
Accounting Department under the Executive Secretary rather than directly responsible to the
Board of Supervisors.
It was explained that this arrangement is required by the Virginia Code.
Dennis T. Cole made a motion to change the recommended resolution to read, "
the following departments and divisions, under the direction of the Board of Supervisors ex-
cept the Department of Accounting which will answer under the direction of the Executive
Secretary to the Board of Supervisors ". There was no second to Mr. Cole's motion.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the 'County of Frederick desires to
insure a more efficient and economical operation and,
BE IT FURTHER RESOLVED, That the Board desires to establish an organization answera-
ble to said Board and under a workable management system does,
HEREIN, Establish the following departments and divisions, under the direction of
the Office of the Executive Secretary:
Department of Accounting
Department of Data Processing
Department of Planning and Development
I�
pro
Department of Parks and Recreation
Department of Engineering
Division of Inspections
Division of Solid Waste Control
Division of Utilities
BE IT FURTHER RESOLVED, That each Department with the exception of Engineering shall be
administered by a Director, and in the case of Engineering this position shall be referred to
as County Engineer.
BE IT FURTHER RESOLVED, That the belo a ttached chart o£ organization is herein adopt
y 4
• v H
t' U U
-H U U 44 4 J
GL N 'd M M
Q F7 W V]
- p11D1
c
a
E
E
0
U
0
c
• o
.c
U
3
0
z
T
0
C1
u
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LL
By recorded vote with Raymond C. Sandy, J. Robert Russell, Donald R. Hodgson, Richard F.
Madigan voting "for" and Dennis T. Cole abstaining, the above resolution was passed.
LAKESIDE ESTATES LOTS - APPROVED
Upon motion of J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
Section "B ", lots 9, 10,11, 12, and 13 and Section "C ", lots 9 10, and 11 of Lakeside Estates
190
located in Opequon District.
The above resolution was passed.
TWO LOTS FOR TRI -STATE MODULAR HOMES - APPROVED
Upon motion of J. Robert Russell and seconded by Richard F..Madigan,
BE IT RESOLVI3 the Frederick County Board of Supervisors does hereby approve
the plat showing the division of a parcel of land for Tri -State Modular Homes into two parcels
located'in Gainesboro District.
The above resolution was approved.
DEED OF CPRRECTPPN - GREEN ACRES. SECT?-3, LOTS 11, 12, 14 & 15 AND SECT. 4, LOTS 1
& 2 -
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
the Deed of Correction for Green.Acres Section 3, Lots 11, 12, 14 & 15, Section 4, Lots 1 & 2
located in Shawnee District
The above resolution was passed.
TRAILER PERMITS - TABLED
Upon motion of Donald R. Hodgson and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors does hereby table the trailer permits
of Orah Haines and ?Donald E. Melvin.
The above resolution was passed.
RO LLINS LEASING CORP. - REIMBURSE $44.00 PER. PROP. TAXES - APPROVED
Upon motion of J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors does agree to reimburse Rollins Leasing
Corporation in the amount of $44.00 for personal property taxes.
The above resolution was passed.
REGULATIONS FOR FREDERICK COUNTY LANDFILL - APPROVED
The Executive Secretary presented a list of changes at the Frederick County Landfill.
There followed a very lengthy discussion with several citizens who reside adjacent
the Landfill again complaining of smoke, odor, etc.
There was also discussion on one last burning which was agreed to by the Board and
H. C. Christianson. Mr. Christianson agreed to let the Board know of the date of the "burn ".
Several haulers present requested that contracts be let to individuals to collect
usuable materials. The Board agreed to look into this prospect.
Chairman Sandy reminded the citizens present that Mr. Christianson had taken over a
burning dump, but the Board is working hard to solve these problems.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does agree to proceed with the follow-
ing changes at the Frederick County Landfill to gp into effect April 1, 1972:
1. All refuse must be covered at the end of each working day in accordance with
State law with six (6) inches of dirt.
2. Stop all burning immediately.
3. Prohibit all scavenging.
4. Obtain trees to plant in front of Sulphur Spring Road.
5. Complete drainage system,*
6. Procure and erect necessary sighs.
7. Gravel the acess roads.
8. Tires: (a) Refuse all tires from all commercial firms and require these firms to
take all tires to Paul Rhineharts for stock piling. (b) Accept all tires from
191
private individuals, and stockpile them for removal at a later time.
9. Accept material such as stoves and refrigerators and stockpile them for removal to
Zuckerman Company.
10. Place Contractor on notice that he is to follow State Health Department Regulations
for the disposal of solid waste.
11. Repeal tire rate.
12. Install sanitary facilities at the Landfill.
13. Have the Landfill under the inspection of.the Frederick County Health Department u
state regulations.
' 14. Landfill hours to change as follows to allow an hour for daily covering of trash:
Winter, 7 A.M. to 4 P.M. to go into effect November 1st of each year; Summer, 8 A.M. to 5 P.
to go into effect April 1st of each year with the exception of 1972 when it will go into e£fe(
on April 17th.
The above resolution was passed.
PUBLIC HEARING - REZONING PETITION OF HARRY.S. WHITE, JR. - A -1 to M -1 - APPROVED
Lee A Lovett, counsel for the petitioner, told the Board that Harry S. White, Jr.
who operated an ornamental iron and welding shop on :8 of an acre of land located on Rt. 614
from Rt. 50 wanted the land rezoned from A -1 to M -1. Mrs. Lovett presented a chart to the
Board of the area involved. Mrs. Lovett gave a resume of Mr. White's background and told of
the need of a welding shop in the area. Several residents of the area also appeared in favor
of the petition.
By recorded vote with J. Robert Russell, Don31d =R. Hodgson, Richard F. Madigan
Dennis T. Cole voting "for" and Raymond C. Sandy voting "against ", the above resolution was
passed.
' PETITION PRESENTED RE: DRAINAGE IN PLAINFIELD HEIGHTS
Mr. David J. Earhart presented a petition of twenty - -two signatures of residents
of Plainfield Heights, requesting the Board of Supervisors to do what is necessary to create
a sanitation district in order to provide the urgently needed storm drainage for their proper
ties.
The Board agreed to take the matter under consideration.
PRELIMINARY ROAD HEARING
The preliminary Road Hearing was held with petitions presented from each of the
five districts for road repairs.
-
Douglas M. Swift, Jr., counsel for the opposition, stated that he represented land-
'
owners in the area who did not want the land zoned for light industry with this area being in
the center
of a large agricultural area. Mr. Swift stated that this rezoning would be spot
zoning and
then reviewed the origin of zoning. He stated that these landowners wished to pre-
serve their
rural envitmment. Mr. Swi£.t pointed out that once the integrity of the land was
broken that
the Board could not refuse other similar requests for rezoning.
After further discussion Chairman Sandy pointed out four alternatives to Mr. White:
(1) take his
case to the Zoning Board of Appeals if denied; (2) could be kept as a home occu-
pation; (3)
could apply under new zoning ordinance; (4) continue under the present use.
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board does not accept the recommendation of the Planning
Commission
and does approve to rezone from Agricultural A -1 to Industrial M -1 a parcel of land
containing
0.804 acres, more or less, situate in Back Creek Magisterial District, bounded on
'
the West by
Virginia Secondary Route 614 and on all other sides by the other lands of Harry S.
White, Jr.
By recorded vote with J. Robert Russell, Don31d =R. Hodgson, Richard F. Madigan
Dennis T. Cole voting "for" and Raymond C. Sandy voting "against ", the above resolution was
passed.
' PETITION PRESENTED RE: DRAINAGE IN PLAINFIELD HEIGHTS
Mr. David J. Earhart presented a petition of twenty - -two signatures of residents
of Plainfield Heights, requesting the Board of Supervisors to do what is necessary to create
a sanitation district in order to provide the urgently needed storm drainage for their proper
ties.
The Board agreed to take the matter under consideration.
PRELIMINARY ROAD HEARING
The preliminary Road Hearing was held with petitions presented from each of the
five districts for road repairs.
192
BACK CREEK DISTRICT
Richard F. Madigan
Route
Rt. 733
From
- To
Type of
Work
Petition
Requested By
600
Bridge at
Rt. 753
Widen
Robinson Subdivision
No
H. I. Phillips
602
Rt.
600 -
Shen. Co. Line
Improve
No
Jack Colvin & 5
612
Rt.
600 -
Rt. 600
Reconstruct
No
No
Ray Stelzl & 12
629
Rt.
628 -
Rt. 622
Reconstruct
& Pave
No;'
Alfred Snapp & 10
Reconstruct
No
C. F. Adams & 30
688
Rt. 522 -
Rt. 50
Widen & Improve
No
629
Rt.
631 -
Rt: 625''
Reconstruct
& Pave
No
Homer Alexander
Rt. 50 -
1.1 mi. N.
Reconstruct & Pave
No
J. Robert Russell
NEW
ADDITIONS:
&1
632
Rt.
704 -
Dead End
Bridge over
Back Creek
Yes
C.K. Williams & 8
Road leading from Rt. 522 to
69
707
Rt. 733
- W. Va. line Reconstruct & Pave
No
John Bell & 6
733
Rt. 50
- Rt. 707 Reconstruct & Pave
No
John Bell & 6
NEW
ADDITIONS:
Robinson Subdivision
Mrs.
Chas. Puffinberger
GAINESBORO DISTRICT
J. Robert Russell
Route
From
- To
Type of Work
Petition
Requested By
671
Rt. 681 -
Dehaven
Widen & Improve
No
Willis Wolfe & 3
673
Rt. 522 -
Rt. 739
Reconstruct & Pave
Yes
Charles Zeilor
-8
& 3
679
Open Ford
- Back Creek
Construct Overflow Bridge
No
J. Robert Russell
682
Rt. 671 -
Rt. 608
Improve
No
J. Robert Russell
688
Rt. 522 -
Rt. 50
Reconstruct
No
C. F. Adams & 30
688
Rt. 522 -
Rt. 50
Widen & Improve
No
R.P. Anderson in
letter
733
Rt. 50 -
1.1 mi. N.
Reconstruct & Pave
No
J. Robert Russell
NEW
ADDITIONS:
From Rt. 789 to
Rt. 852
Yes
W. E. Hott & 4
14
Road leading from Rt. 522 to
0.20 mi. South -
Darlington Subdiv.
Yes
Thomas J. Place
12
& 2
OPEQUON DISTRICT
Raymond C. Sandy
Route
From
- To
Type of Work
Petition
Requested By
625
Rt. 627 -
Rt. 624
Reconstruct & Pave
No
James Garrett
& 10
641
Rt. 640 -
South
Continue shoulder
No
Raymond C. Sandy
improvements
642
Bridge over
Opequon Creek Widen
No..
Herbert
Shackleford
648
Rt. 631 -
Rt. 649
Widen & Stabilize
Yes
Raymond C. Sandy
6
735
Rt. 709 -
Rt. 636
Improve Curves
No
Raymond C. Sandy
E. Int.
758
Rt. 627 -
Rt. 738
Surface Treatment
No
Raymond C. Sandy
NEW
ADDITIONS:
Buckhorn Lane
- From Route 636 East
Mrs. Lambert
SHAWNEE DISTRICT
Donald R. Hodgson
Route
From'-
To
Type of Work
Petition
Requested By
645
Rt. 50 -
Rt. 522
Improve Shoulders
No.
Donald R. Hodgson
and ditches
656
Bridge over
Abrams
Widen
No
Donald R. Hodgson
Creek
NEW
ADDITIONS:
From Rt. 50 to
O.10 mile North
Yes
Walter Hook & 2
14
193
STONEWALL DISTRICT
Dennis T. Cole
SANITATION AUTHORITY REQUEST FOR PLACARDS - APPROVED
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board does approve that thirteen (13) placards be issued to
embers of the Sanitation Authority and the Planning Commission, which when placed in,the
of the vehicle will effect free parking for these people in the County Parking Lots
during Official Meetings of these bodies.
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, -IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
Secretary, Board of Supervisors
Chai , Board of Su visors
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in
0the Supervisors Room on the 12th day of April, 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T. Cole;
Donald R. Hodgson; and Richard F. Madigan.
The minutes of the Regular Meeting held on the 8th day of March, 1972 were read and
]approved.
ACCOUNTS PAYABLE
Accounts totaling $42,905.38 were read and approved and ordered to be paid from the
General County Fund by Warrants #00275 through #00391 inclusive. Accounts totaling $559.06
were read and approved and ordered to be paid from the Dog Fund by Warrants #621 through #628
[inclusive.
The accounts payable were approved upon motion made by Richard F. Madigan and seconded
it
Eby J. Robert Russell.
f 5 i a f : � i l � � c � • � : �iI � � al : 1: i 3ii �f �
Payrolls totaling $9,470.45 paid from the General County Fund by Warrants #00233 through
1 #00274 inclusive and payroll totaling $393.11 paid from the Dog Fund by Warrant #620 were read)
land approved upon motion made by Richard F. Madigan and seconded by Donald R. P,
.- iodgson
PETTY CASH - APPROVED
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan.
BE IT RESOLVED, That the Board of Supervisors does approve that a Petty Cash be set up
under the Director of Accounting in the amount of $250.00 with each purchase not to exceed
$15.00, the purchase order amount. The above resolution was passed.
Route
From - To
Type
of
Work
Petition
Requested By
656
Rt. 7 - Rt. 661
Reconstruct
&
Pave
No
R.C. Cunningham & 3
663
Rt. 661 - Rt. 81
Improve
Yes
Ronnie Ware & 1
'
13
666
End Hard Surface
Add Stone
No
W. S. Orndorff
Route 761
667
Rt. 672 - Dead End
Reconstruct
&
Pave
No
Arthur Bragg Letter
668
N. Int. Rt. 667 -
Reconstruct
&
Pave
No
Arthur Bragg Letter
Rt. 672
'
NEW ADDITIONS: From Rt.
712 - 0.10 mile
East
No
W. L. Clowser & 1
Old Subdivision
SANITATION AUTHORITY REQUEST FOR PLACARDS - APPROVED
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board does approve that thirteen (13) placards be issued to
embers of the Sanitation Authority and the Planning Commission, which when placed in,the
of the vehicle will effect free parking for these people in the County Parking Lots
during Official Meetings of these bodies.
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, -IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
Secretary, Board of Supervisors
Chai , Board of Su visors
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in
0the Supervisors Room on the 12th day of April, 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T. Cole;
Donald R. Hodgson; and Richard F. Madigan.
The minutes of the Regular Meeting held on the 8th day of March, 1972 were read and
]approved.
ACCOUNTS PAYABLE
Accounts totaling $42,905.38 were read and approved and ordered to be paid from the
General County Fund by Warrants #00275 through #00391 inclusive. Accounts totaling $559.06
were read and approved and ordered to be paid from the Dog Fund by Warrants #621 through #628
[inclusive.
The accounts payable were approved upon motion made by Richard F. Madigan and seconded
it
Eby J. Robert Russell.
f 5 i a f : � i l � � c � • � : �iI � � al : 1: i 3ii �f �
Payrolls totaling $9,470.45 paid from the General County Fund by Warrants #00233 through
1 #00274 inclusive and payroll totaling $393.11 paid from the Dog Fund by Warrant #620 were read)
land approved upon motion made by Richard F. Madigan and seconded by Donald R. P,
.- iodgson
PETTY CASH - APPROVED
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan.
BE IT RESOLVED, That the Board of Supervisors does approve that a Petty Cash be set up
under the Director of Accounting in the amount of $250.00 with each purchase not to exceed
$15.00, the purchase order amount. The above resolution was passed.
19 4---'
SANITATION AUTHORITY LOAN - APPROVED
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
herein loan the following funds to the Frederick County Sanitation Authority for the estab-
lishment of water and sewer systems in the Red Bud Run and Abrams Creek drainage areas:
FY 71- 72 ------------------------------------------------------ $250,000.00 '
FY72- 73---------------------- - - - - -- 200,000.00
FY 73- 74----------------------------------------------- - - - - -- 50,000.00
Total -------------------- $500,000.00
and, ,
BE IT FURTHER RESOLVED, That the following .terms be applied to these loans:
(a) Loan for thirty (30) year periods with payment due at the end of these periods.
(b) There shall be an eight (8) percent interest rate, payable from date of loan,
if the two proposed projects should be sold, annexed, or for any reason changes
owne:r':io ownership :(other than being transferred to the County of Frederick)
(c) If possible the County will establish a sanitary district in order to help
finance $200,000.00 of the total projected loan, but the failure to establish
such a district will not hold up any part of the original loan.
and,
BE IT STILL FURTHER RESOLVED, That the following policy be adopted as to Board-
Authority relationship:
(a) Engineer for the Authority shall serve as Engineer for the County on a non -
reimbursable basis as long as work schedules permit. '
(b) The.Board of Supervisors shall appoint a non - voting liaison member to the
Authority.
(c) Minutes of the Authority shall be submitted to the Board monthly.
(d) Authority Director shall report monthly to the Board of Supervisors on project
status.
(e) The Board and Authority shall meet quarterly (or more often if necessary) for
mutual discussion.
The above resolution was passed by recorded vote with Raymond C. Sandy, J. Robert
Russell, Donald R. Hodgson, Dennis T. Cole and Richard F. Madigan voting "for ".
E. E. GUNTER PAYMENT REQUEST - DENIED
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does '
herein deny the request of E. Eugene Gunter for compensation as attorney for the County of
Frederick in the case of Winchester vs. Countyoof Frederick in the amount of $13,725.00.
By recorded vote with Raymond C. Sandy, J. Robert Russell, Donald R. Hodgson and
Richard F. Madigan voting "for" and Dennis T. Cole "against" the above resolution was passed. ,
DOG WARDEN - TRUCK PURCHASE - APPROVED
The Executive Secretary stated that the truck used by the Dog Warden is due
for replacement and the following bids have been received:
Ford------ - - - - --
- - - -- $2,747.92
Dodge----------------------- - - - - -- 2,925.00
Chevrolet--------------------------- - - - - -- 2,820.00
Enclosure--------------------------- - - - - -- 260.00
Total Cost based on low bid: -------------- $3- 007.92
195
Upon motion of Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
authorize the purchase of one pickup truck and enclosure for the use of the Dog Warden, and
BE IT FURTHER RESOLVED, That the present vehicle inuuse be transferred to the Department
of Parks and Recreation.
The above resolution was passed.
BUILDING INSPECTOR - OFFICE
- APPROVED
The Executive Secretary explained to the Board what equipment was necessary.
Upon motion of Richard F. Madigan and seconded by Dennis T. Cole,
authorize a supplemental appropriation of $1,200.00 for the purchase of office equipment
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
for the office of the Director of Inspections.
The above resolution was passed.
COUNTY COURT REQUEST FOR ACCIDENT REPORTER BOARD - APPROVED
The Commonwealth Attorney explained to the Board the purpose of the Accident Reporter and
stated that they are used in most courts.
Upon motion of Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That a supplemental appropriation is herein made in the amount of $100.00
for the purchase of Court equipment.
LOTS 18 THRU 34 OF MERRIMAN ESTATES - APPROVED
Upon motion of Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve Lots
18 thru 34 of Merriman Estates located in Back Creek District.
The above resolution was passed.
APPOINTMENT OF BLAIR WEBBER AS DIRECTOR OF INSPECTIONS FOR
THE COUNTY OF FREDERICK - APPROVED
Upon motion of Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
appoint Blair Webber as Director of Inspections for the County of Frederick.
BE IT FURTHER RESOLVED, That this appointment shall be effective May 1, 1972, at an
annual salary-of $10,000.00, and
BE IT FURTHER RESOLVED, That a supplemental appropriationn of $2,000.00 herein be made
to the General County Budget.
The above resolution was passed unanimously.
APPOINTMENT OF JAMES DIEHL FROM SHAWNEE DISTRICT
TO FREDERICK SANITATION AUTHORITY - APPROVED
Upon motion of Donald R. Hodgson and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
appoint James Diehl from Shawnee District as a member of the Frederick County Sanitation
Authority for a four year period.
The above resolution was approved unanimously.
Charles Harbaugh of the Frederick County Taxpayers Association stated that in all fair-
ness nominees should be made at one meeting and approved at the next. The members of the
Board agreed that this was a very good suggestion and would be given thorough consideration.
Jim
APPOINTMENT OF REV. KARL TANGEMAN FROM STONEWALL
DISTRICT TO FREDERICK COUNTY SANITATION AUTHORITY - TABLED
was
Supervisor Cole's first nomination, who/William A. Morrison, died for lack of a second.
Supervisor Cole's second nomination was Rev. Karl Tangeman.
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
196
BE IT RESOLVED, That the nomination by Dennis T. Cole of Rev. Karl Tangeman from
Stonewall District to the Frederick County Sanitation Authority be tabled until the next
Board Meeting.
By recorded vote with Raymond C. Sandy, J. Robert Russell, Donald R. Hodgson and
Richard F. Madigan voting "for" and Dennis T. Cole "against" the above resolution was passed.
Mr. Cole asked the other Board Members if the nominees from each district had been
approved in the past. The Board members -said yes. Supervisor Cole stated that he wanted it
go on record that before he came to the Board Meeting he had heard :r-umor;s that this was going
to happen.
TRAILER PERMITS - APPROVED
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors d6es hereby approve the following
trailer permits: Frances Allison, Robert L. Anthony, Fred L. Baker, Jr.., James L. Baker, Jr;,
John W. Hockman, Leroy J. Home, Jr., George Kelchner, Ralph.Kelchner, David E. Lowery, Della
Marie Loy, Helen Malick, Harry W. Mellette, Donald E. Melvin, Michael Blair, Thurman Perry,
Charles A. Strother, Russell Swimley.
AND BE IT FURTHER RESOLVED, That the trailer permit of Orah Haines is disapproved.
The above resolution was passed.
HEALTH PERMIT TO BE REQUIRED PRIOR TO TRAILER PERMIT
COMING BEFORE BOARD OF SUPERVISORS - APPROVED
Upon motion of J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That trailer permit applicants are hereby required to obtain a
th permit prior to trailer permits being presented to the Board of Supervisors for
The above resolution was passed.
BUDGET HEARING SCHEDULED FOR MAY 24, 1972
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
ein call a public hearing to be held at 7:30 P.M., May 24, 1972, in the Frederick County
t House to consider the proposed budget for FY 1972 -1973, and the proposed tax rate for
the County of Frederick.
The above resolution was passed.
BUILDING CODE HEARING SET FOR 7:30 P.M., MAY 10, 1972
The Building Code Hearing was set for 7:30 P.M., May 10, 1972
PROGRAM OF PARKS AND RECREATION DEPARTMENT - APPROVED
Upon.-.motion of Richard F. Madigan and seconded by Donald R. Hodgson, the Board of
Supervisors voted unanimouslapproval of the program of the Parks and Recreation Department.
ROAD VIEWERS REPORT
The Executive Secretary said that Mr. King stated there were sufficient funds to
cover the recommendations of the road viewers.
Upon motion of J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors does approve the following prioritiez
set by the road viewers.
1. Hickory Hill Street - Darlington Subdivision
2. Street in Old Subdivision - east of Rt. 712
3. Old Subdivision Street - From Rt. 789
4. Stonewall Drive
Not Acceptable:
1. From Rt. 50 to 0.18 miles north between Rt. 655 and Rt. 728.
L
2. Buckhorn Lane.
197
The above resolution was passed..
BLAIR WEBBER = BUILDING INSPECTOR - INTRODUCED TO THE BOARD
The Executive Secretary introduced Blair Webber, Building Inspector to the Board of
Supervisors.
ORDINANCES
Upon motion of Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors does approve the following ordinances
on their respective readings:
Second Reading By Title
AN ORDINANCE TO IMPOSE A TAX ON PERSONS IN FREDERICK COUNTY PURCHASING CERTAIN
UTILITY SERVICES, FIXING THE AMOUNT OF TAX, TO PROVIDE REVENUE FOR THE GENERAL
FUND OF FREDERICK COUNTY, AND.PROVIDING FOR ITS COLLECTION.
First and Second Reading By Title
AN ORDINANCE TO REGULATE THE CONSTRUCTION AND EXPANSION OF CENTRAL WATER
AND SEWER SYSTEMS WITHIN THE COUNTY OF FREDERICK, VIRChINIA.
BE IT FURTHER RESOLVED, That the third readings are set for 8:00 P.M.,on May 10, 1972,
in the Frederick County Court House'.
The above resolution was passed..
APPOINTEES FOR JAIL COMMITTEE AND'LANDFILL COMMITTEE - APPROVED
Upon motion of J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors doeshherbby approve the recommendations of
Raymond C. Sandy to the respective committees:
Jail Committee -
Sherif f
Executive Secretary
Richard F. Madigan
Landfill Committee -
Donald R. Hodgson
Don E. Krueger'
Executive Secretary
Raymond Sandy stated that he had been contacted by the Historical Society for the 176
Bi- centenial to appoint members to set up a committee. At least one should be appointed from
each district. Chairman Sandy requested the Board members to give this consideration.
SIGHT SERVICE WEEK - WHITE CANE DAY - 4/16 - 4/22
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does hereby designate the week of April 16,
1972, "Lions Sight Service Week ", and April 22, 1972, as "White Cane Day ", with proceeds to go
to the blind.
The above resolution was passed.
DONALD CORNWELL AND R. W. BROWN - CHICKEN KILL - PAID
Upon motion of Richard F. Madigan and seconded by J. Robert Russell, payment was author-
ized in the amount of $68.75 to Donald Cornwell for fifty -five (55) chickens killed by stray
dogs on March 25, 1972, and to R. W. Brown in the amountoof $35.00 for twenty -eight (28)
chickens killed by stray dogs on March 15th and March 28th.
DIRECTOR OF ACCOUNTING TO SIGN CHECKS
Upon motion of Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does hereby approve the Director of Accoun
ing to sign checks.
I
198
t
The above resolution was passed.
PAUL RHINEHART'S SANITARY LANDFILL PERMIT - TABLED
Mr. Paul Rhinehart has requested a permit to Pperate a sanitary landfill in Back
Creek District. The site lies 7� miles from the City Limits of Winchester and has been
by the Bureau of Solid Waste and Vector Control.
Upon motion of Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
herein table the application of Mr. Paul Rhinehart to operate a Sanitary Landfill in the
County of Frederick, and
BE IT FURTHER RESOLVED, That this decision be forwarded to the Department of
Health, Bureau of Solid Waste and Vector Control.
By recorded vote with Raymond C. Sandy, J. Robert Russell, Donald R. Hodgson and
ichard F. Madigan voting "for" and Dennis T. Cole "against ", the above resolution was passed.
REFUND TO KENNETH RAY AND CAROLYN MARIE RENNER - APPROVED
Upon motion of Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That in accordance with the recommendation of Eston O. Rudolph,
r., Commissioner of Revenue, a refund in the amount of $20.00, for automobile licenses, be
paid to Kenneth Ray and Carolyn Marie Renner since they are residents of Stephens City,
rginia and are ilequired toUpurehase city tags.
The above resolution was passed.
SMITH'S TERMINAL CORP. - APPLICATION FOR REZONING - APPROVED
Upon motion of Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the application of Smith's Terminal Corporation to rezone
property located at Front Royal Road (U. S. #522) between U. S. No. 50 and Va. No. 645, on the
west side of the road, with a frontage of 512.26 feet and a depth of 672.00 feet, from B -2 to
to M -2 is hereby approved.
The above resolution was unanimously approved.
STONEWALL UTILITIES CO. - WATER AND SEWER - APPROVED
Upon motion of J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of Frederick County, does hereby
approve the establishment and construction of a central water and sewer system to serve all
the lands of Stonewall Development Company, which water and sewer systems are to be owned
and operated by Stonewall Utilities Company pursuant to the rules and regulations df all
tal agencies, such as the State Board of Health, State Water Control Board, and.the
State Copporation Commission and the Board of Supervisors:of Frederick County.
The above resolution was passed.
LAKE HOLIDAY UTILITIES CO. - WATERTAND SEWER - APPROVED
Upon motion of J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of Frederick County, does hereby
approve the establishment and construction of a central water and sewer system to serve all
the lands of Lake Holiday Associates, which water and -sewer systems are to be owned and oper-
ated by Lake Holiday Estates Utility Company pursuant to the rules and regulations of all
governmental agencies, such as the State Board of Health, State Water Control Board, and the
State Corporation Commission and the Board of Supervisors of Frederick County.
The above resolution was passed.
W. D. ATCHLEY PRESENTED COMPLAINTS TO BOARD
W. D. Atchley, representing the citizens of Clearbrook, Appeared before the Board
U
tating that the W. S. Frey Co. was mining beyond the boundaries zoned for this purpose.
1 9 9
Mr. Atchely showed films taken on December 11, 1971, of a large excavation indicating no water
He then presented a picture taken April 11, 1972, which showed the 'same excavation filled up
with water. Mr. Atchley stated that wells in the area had gone dry. He questioned Mr. Cole,
asking if Mr. Frey had offered to Mr. Cole to build a lake or park for the County. Mr. Cole
answered "No ". Mr. Atchley then questioned the Commonwealth Attorney. Mr. Atchley asked for
a thorough investigation.
No action was taken by the Board.
WILSON TERMINAL CORP. - APPLICATION FOR REZONING - APPROVED
Upon motion of Dennis T. Cole and seconded by J. Robert Russell,
1
BE IT RESOLVED, That the application of Wilson Terminal Corp. to rezone property located
at Front Royal Pike (U. S. 522) between U. S. 50 and Va. No. 645, on the west side of the
road, with frontage of 395.62 feet and a depth of 672.72 feet, from B -2 to M -2 is hereby
approved.
The above resolution was unanimously approved.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW
ADJOURN.
, Board of Supervisors
Chairman, Board of Supervisors
At the Regular Night Meeting of the Board of Supervisors of Frederick County, Virginia,
held in the County Court House on the 26th day of April, 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice -- Chairman; Dennis T. Cole;
IlDOnald R. Hodgson; and Richard F. Madigan.
BOARD OF SUPERVISORS GIVEN CERTIFICATE OF
CONTRIBUTION AWARD FROM
WINCHESTER VOLUNTEER RESCUE SQUAD
Mr. William Baker, representing the Winchester Volunteer Rescue Squad, presented the
]Frederick County Board of Supervisors with a Certificate of Continued Contribution and thanked
Ithem for their interest and assistance. Raymond C. Sandy, Chairman, accepted the award on
behalf of the Board of Supervisors.
UTILITY TAX ORDINANCE THIRD AND FINAL READING - APPROVED
Mr. Sandy presented the Utility Tax Ordinance for the third and final reading.
Motion was made by Richard F. Madigan to amend the utility tax ordinance in Sections 3
1
and 4. (Mr. Madigan then read Sections 3 and 4).
Richard F. Madigan moved that a vote be taken on the amendment. J. Robert Russell
Ithe motion.
There was some discussion as to the rate of the tax and its effect on the people and
1
industry in the county.
There was discussion from the floor as to the amount of revenue expected from the tax
and what would be done with this money. Chairman,. Sandy explained the need to offset the
projected deficit when the annexation money expires. Favor was expressed from the floor for
the 4% increase over the 10% on the first $10.00.
Chairmann Sandy asked the pleasure of the Board as to whether they wanted to adopt the
ordinance as advertised or readvertise it at 4 %. Mr. Ambrogi stated that the safest way was
to adopt it now as advertised and then amend it and advertise it as soon as possible stating
that the first reading could be tonight.
There was some discussion from the'floor concerning the ordinance being tied up in court
proceedings by other subdivisions.
2 0 0 '
The question was raised from the floor as to the real need for this money. The personal prop
erty tax was then discussed.
Richard F. Madigan moved to withdraw his motion. J. Robert Russell seconded the
tion.
Motion was made by J. Robert Russell to approve the ordinance as advertised, and
seconded by Richard F. Madigan. Chairman Sandy asked if there was any discussion. Dennis T.
Cole stated that the first time he2had seen the agenda was at the beginning of the meeting and
then expressed his views on the personal property tax stating that if the county was going to
ize $75,000.00 from the personal property tax, why we needed the utility tax at all.
airman Sandy again explained the need to offset the projected deficit when the annexation
s expire. There followed discussion from the floor as to who writes the agenda.
Chairman Sandy again asked the pleasure of the Board as to its action on the
motion, stating that the motion had been made and seconded that we approve the ordinance as
advertised and then amend it.
Upon a call for the question the following motion was passed.
BE IT RESOLVED, That the following ordinance be passed on third and final reading:
AN ORDINANCE TO IMPOSE A TAX ON PERSONS IN FREDERICK COUNTY PURCHASING
CERTAIN UTILITY SERVICES, FIXING THE AMOUNT OF TAX, TO PROVIDE REVENUE
FOR THE GENERAL FUND OF FREDERICK COUNTY, AND PROVIDING FOR ITS
COLLECTION.
Be it Ordained by the Board of Supervisors of Frederick County, Virginia, that:
Section 1. Pursuant to authority contained in Code of Virginia (1950) as amended,
Sections 58 -587.1 and558_617:.2,
Section 2. Definitions. The following words and phrases, when used in this ordinance
in relation to utility taxes, shall for the purposes of this ordinance, have the follow-
ing respective meanings except where the context clearly indicates a different meaning.
(A) Commercial or Industrial User The phrase "commercial or industrial user" shal
mean the owner or tenant of property used for commercial, industrial and all other
business purposes, who pays for utility service for said property.
(B) Person. The word "person" shall include individuals, firms, partnerships,
associations, corporations and combinations of individuals of whatever form and
character.
(C) Purchaser. The word "purchaser" shall include every person who purchases a
utility service.
(D) Seller The word "seller" shall include every person who sells or furnishes
a utility service.
(E) Residential User The term "residential user" shall mean the owner or tenant
of private residential property who pays for utility service on or for said property.
(F) Utility Servides: The phrase "utility service" shall include a local excnange
telephone service, electric service and natural gas service furnished within the County
of Frederick.
Section 3 . There is hereby imposed and levied by the County of Frederick upon each and
every purchaser of a utility service a tax in the amount of ten per cent (10 %) of the
charge (exclusive of any federal or state tax thereon) made by the seller against the
purchaser with respect to each utility service, which tax in every case shall be collec-
ted by the seller from the purchaser and shall be paid by the purchaser unto the seller,
for the General Fund of the County of Frederick, at the time the purchase price or such
fl
�1
r
charge shall become due and payable under the agreement between the purchaser and sell
Provided, however, that in case any monthly bill submitted by the telephone and electr
�
c �f
201
utilities for residential service shall exceed ten dollars ($10) for a residential
user, there shall be no tax computed on so much of said bill as-shall exceed ten
dollars ($10). In addition there shall be no tax computed by the gas utility on
so much of the bill as shall exceed five dollars ($5). In the case of any apartment
house or other multiple family dwelling using gas service through a master meter(s)
'
the sum of five dollars ($5) shall be multiplied by the number of dwelling units
served, and for electric service the sum of ten dollars ($10) shall be multiplied by
the number of dwelling units served. In case any monthly bill submitted by any
seller for commercial or industrial service shall exceed one hundred dollars ($100)
there shall be no tax computed on so much of said bill as shall exceed one hundred
'
dollars ($100). Bills shall be considered monthly bills if submitted twelve (12)
times per year for periods of approximately one month each.
Section 4 . The tax hereby imposed and levied on purchases with respect to local
exchange telephone service shall apply to all charges made for local exchange tele-
phone service, except local messages which are paid for by inserting coins in coin
operated
Section 5 . It shall be the duty of every seller in acting as the tax collecting
medium or agency for the County of Frederick to collect from the purchaser for the
use of the County the tax hereby imposed and levied at the time of collecting the
purchase price charged, and the taxes collected during each calendar month shall be
reported by each seller to the Commissioner of Revenue and each seller shall remit
the amount of tax shown by said report to have been collected to' the County Treasure:
'
on or before the last day of the first calendar month thereafter, together with the
name and address of any purchaser who has refused to pay his tax. The required
reports shall be in the form prescribed by the Commissioner of Revenue. The tax
levied or imposed under this ordinance with respect to the purchase of any utility
service, shall become effective on charges first appearing on bills rendered on
August 1, 1972 and thereafter.
Section 6. Each and every seller shall keep complete records showing all purchases
in the County of Frederick, which records shall show the price charged against each
purchaser with respect to each purchase, the date thereof, and the date of payment
thereof and the amount of tax imposed hereunder, and such records shall be kept open
for-inspection by-- duly authorized agents of the County at reasonable times, and
the duly authorized agents of the County shall have the right, power, and authority
'
to make transcripts thereof.
Section 7 . The United States of America, the State of Virginia, and the political
subdivisions, boards, commissions, and authorities thereof, are hereby exempted from
the payment of the tax imposed and levied by this ordinance with respect to the
purchase of utility services used by such governmental agencies.
Section 8 . The tax hereby imposed and levied shall'not apply.to the purchase of
bottled gas.
Section 9 . In all cases where the seller collects the price for utility services
other than on a monthly basis, the tax hereby imposed and levied may be computed on
the aggregate amount of purchases during the period billed for, provided that the
amount of tax to be collected shall be the nearest whole cent to the amount computed
and such tax shall not exceed the sum of one dollar ($1) for residential users of
electric and /or telephone service, fifty cents ($.50) for residential users of gas
or ten dollars ($10) for commercial or industrial users; multiplied by the number
of months, or portion thereof, covered by the bill.
202 .
r
Section 10 . Any purchaser failing, refusing or neglecting to pay the tax imposed
or levied by this ordinance and any seller violating the provisions of this ordi-
nance shall be guilty of a misdemeanor and shall be punished by a fine of not less
than ten dollars ($10) nor more than three hundred dollars ($300).or by confinement
in jail for not more than thirty (30) days or by both such fine and confinement in
jail. Each failure, refusal, - neglect or violation and each day's continuance there=
of shall constitute a separate offense. Such conviction shall not relieve any persoi
from the payment, collection and remittance of such tax as provided in this ordi-
nance.
Section 11. This ordinance shall be effective on and after 12:01 A.M., August 1,
1972.
Section 12 . In event that any section, clause, or requirement of this ordinance be
proven invalid, such invalidation shall not affect the remainder of this ordinance.
By recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan and
Donald R. Hodgson voting "for and Dennis T. Cole "against" the above ordinance was approved.
Mr. Cole stated that he voted against the ordinance because the taxpayers in
Frederick County are still paying $75,000.00 to $100,000.00 more in personal property taxes
next year.
AMENDMENT TO UTILITY TAX ORDINANCE
Upon motion of J. Robert Russell and seconded by Richard F. Madigan the following
motion was made:
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
herein pass on the first reading the following ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE PASSED APRIL 26, 1972 TO IMPOSE
A TAX ON PERSONS IN FREDERICKXCOUNTY'_ CERTAIN UTILITY SERVICES,
FIXING THE AMOUNT OF TAX, TO PROVIDE REVENUE FOR THE GENERAL FUND OF
FREDERICK COUNTY, AND PROVIDING FOR ITS COLLECTION.
By recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan, and
Donald R. Hodgson voting "for" and Dennis T. Cole "against ", stating the same objection as
before, the above resolution was passed.
SANITARY LANDFILL - APPLICATION OF PAUL E. RHINEHART
Roger H. Alderman, Executive Secretary, read the following resolution concerning
the withdrawal of Paul E. Rhinehart's application for a Sanitary Landfill in Frederick County.
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
in deny the application of Mr. Paul E. Rhinehart to operate a Sanitary Landfill in the County
of Frederick, this decision being based on the withdrawal of said application.
Upon motion by Richard F. Madigan, that the Board accept the withdrawal of Mr. Paul
E. Rhinehart, and seconded by J. Robert Russell, the above resolution was passed unanimously.
APPOINTMENT - SANITATION AUTHORITY - STONEWALL DISTRICT
Dennis T. Cole discussed the tabling of the appointment of a representative at the
last meeting as something which had never been done in the past.
Motion was made by Dennis T. Cole that William A. Morrison be nominated as a repre-
sentative from Stonewall District on the Sanitation Authority. After discussion concerning
q
the appointment of Mr. Morrison to the Sanitation Authority, Donald R. Hodgson seconded the
motion. Mr. Cole then called for a vote on the nomination of Mr. Morrison.
By recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan,
Donald R. Hodgson and Dennis T. Cole all voting "for" the following resolution was passed.
i
� J
u
20;
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
appoint William A. Morrison to the Frederick County Sanitation Authority for a four year term,
TAX RATE APPROVED FOR PUBLIC HEARING
The Executive Secretary read the resolution for public hearing on the proposed tax rate,
stating that the hearing would be set for May 24, 1972, at 7:30 P.M. in the County Court Room,
HousUpon motion of Dennis T. Cole, seconded by Richard F. Madigan,
BE It RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve public hearing the following tax rates for 1972 -1973;
Real Estate --------- $ 3.40
Personal Property - - -$ 3.40
The above resolution was passed unanimously.
SOLID WASTE ASSISTANCE GRANT AND LOAN - TABLED
Upon motion made by J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the application for grant and loan assistance from the Farmers Home
Administration for the establishment of a comprehensive solid waste control system be tabled
until the next board meeting.
The above resolution was passed.
CIVIL DEFENSE RESOLUTION - APPROVED
Upon motion made by Dennis T. Cole, seconded by J. Robert Russell,
BE..IT RESOLVED, That the.Board of Supervisors of the County of Frederick does herein make
the following appointments:
Director of Civil Defense - Raymond C. Sandy
Coordinator of Civil Defense - Roger H. Alderman
Deputy Coordinator of Civil Defense - Planning - David G. Dickson
Deputy. Coordinator of Civil Defense - Law Enforcement - Lacy H. Anderson
The above resolution was passed.
SUBDIVISION ORDINANCE - APPROVED
Upon motion by Richard F. Madigan, and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
Bequest the State Division of Planning and Community Affairs provide necessary assistance in
the writing and /or rewriting of new subdivision ordinance.
The above resolution was passed.
_ SHENANDOAH APPLE BLOSSOM FESTIVAL COMMITTEE
REQUESTS USE OF PLAZA DURING FESTIVAL
The Executive Committee of the Shanandoah Valley Apple Blossom Festival requested the use
of the County Plaza for amusement rides as has been done in the past. Chairman Sandy stated
that there would be no pins driven into the blacktop and no damage done to the Plaza.
Upon motion by Richard F. Madigan, and seconded by J. Robert Russell the above request
was approved.
AGENDA PROCEDURE DISCUSSED
There was discussion from the floor as to the preparation of the agenda. The question
was raised 9soto whether the name of the supervisor could be put beside the items he places
on the agenda. Mrs. Dorothy Keckley requested a copy of the agenda be given county officers
before each meeting. Mr. Sandy said this would be done. There was a request from the floor
that the agenda be posted on the Court House door. Chairman Sandy stated that a time schedule
of the agenda could be prepared for the public.
WINCHESTER DOWNTOWN DEVELOPMENT CORP. AND FARM BUREAU
REQUEST MEETING WITH BOARD OF SUPERVISORS
The Winchester Downtown Development Corp. and the Farm Bureau requested meetings to be
set up with the Board of Superv Chairman Sandy directed the Execu tive Secretary to
204 �
arrange meetings with both groups.
SPRAY PROGRAM - APPROVED
Upon motion of J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED That the Board of Supervisors of the County of Frederick does he
approve the continuation of the thistle control program by the ASCS.
The above resolution was passed unanimously.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO
ADJOURN.
Secretary, Board of Supervisors
, Board of SAervisors
At the Regular Meeting of the Board of Supervisors of the County of Frederick,
Virginia, held in the Supervisors Room on•the 10 day of May, 1972.
PRESENT: J. Robert Russell, Vice - Chairman; Dennis T. Cole; Donald R. Hodgson; and
Richard F. Madigan.
The meeting was called to order by Vice - Chairman, J. Robert Russell.
The minutes of the Regular Meeting, held on the 12th day of April, 1972, and the
Regular Night Meeting held on the 26th day of April, 1972, were read and approved as corrected.
ACCOUNTS PAYABLE
Accounts totaling $26,162.91 were read and approved and ordered to be paid from the
General County Fund by Warrants #00435 through #00528, inclusive. Accounts totaling $279.25
were read and approved and ordered to be paid from the Dog Fund by Warrants #635 through #642
inclusive.
The accounts payable were approved upon motion made by Dennis T. Cole and seconded
Richard F. Madigan.
APRIL PAYROLL - APPROVED
Payrolls totaling $10,485.47, paid from the General County Fund by Warrants #00392
through #00434, inclusive, and payroll totaling $504.16 paid from the Dog Fund by Warrants
#629 through #633 were read and approved upon motion of Dennis T. Cole and seconded by Richard
F. Madigan.
APPROPRZATION REQUESTS - SHERIFF'S DEPT. - COMMONWEALTH ATTORNEY - APPROVED
SHERIFF'S DEPARTMENT: Mr. Alderman explained the transfer of a vehicle from the
Sheriff's Department to the Building Inspector and the cost of new vehicle for the Sheriff:
Department, including equipment.
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
authorize a supplemental appropriation in the amount of $5,305.00 to account number 19 -06A -000
The above resolution was passed unanimously -
COMMONWEALTH ATTORNEY: Mr. Alderman explained the need for air- conditioners for the
Commonwealth Attorney's Office.
Upon motion by Richard F. Madigan and seconded by„Doanld R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
authorize a supplemental appropriation in the amount of $400.00 to account number 19 -05C -000.
The above resolution was passed unanimously.
Eston O. Rudolph asked the Board if they were taking into consideration the fact tha
the Building Inspector and the Appraiser would be working together and asked if there was a
possibility they could share the same office. Mr. Alderman stated that the office arrangement
for the Building Inspector had already been made. Mr. Russell stated that the Board would
study the possibility of rearranging office space to accomodate the Clerk's Office.
REQUEST - DR. WRIGHT - FREDERICK COUNTY SCHOOL BOARD - APPROVED
Mr. Alderman stated that Dr. Wright could not be present and Jim Boyd would repre-
sent the School Board. Mr. Boyd read a letter from Dr. Wright requesting approval to transfer
appropriations from category to category and to carry over any balance of funds to the Buildin
Fund.
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, the fol-
lowing resolution was unanimously approved.
F1
RESOLVED, That the Frederick County Board of Supervisors grants the ae'gLue's;tt of the
Frederick County School Board to make transfers within the 1971 -72 school budget to provide
s
205
for needed expenditures in various categories of the budget, including Administration, Trans-
portation, Fixed Charges, Maintenance, Operation of School Plant, Instruction, Capital Outlay,
Building Fund and so forth; and,
, BEc.IT FURTHER RESOLVED, that the request is made on condition that the Frederick
County School Board's expenditures for the year from county tax funds and the state one percent
sales tax earmarked for education will not exceed the 1971 -72 appropriation; and,
' BE IT FURTHER RESOLVED, That the Frederick County School.�Bodrd >is!.hereby- granted per
missidn�to :':use ^any.'_additionatsfunds -- allocated 'frd(g=th6 ^state as well as funds within the limits
of the approved Literary Loan Fund and Virginia Supplemental Retirement System loan for school
construction; and,
BE IT FURTHER RESOLVED, That the Frederick County Board of Supervisors authorize the
transfer of any balance in the 1971 -72 school budget to the Building Fund and that the total
Building Fund balance be retained for continued use in the 1972 -73 budget.
DIRECTOR OF ACCOUNT REQUESTS TRANSFER AND
RECODING OF FUNDS FROM DOG FUND TO GENERAL FUND
Mr. Boyd gave a report on the Dog Fund and requested authorization to transfer and
recode $1,184.48 from the Dog Fund to the General Fund as set forth in the following resolutio
BE IT RESOLVED, That authorization to transfer and recode $1,184.48 from Dog Fund
to General Fund, explanation as follows, be approved:
(1) Dog Fund roofing material paid out of General Fund in error on
Check #18 dated 2/9/72 in the amount of $980.00.
(2) Blue Cross - Blue Shield deducted from Harold Whitacre's salary
as Dog Warden in the amount of $22.72 each month. These deddctions were never
paid out of'the Dog Fund but have been paid from the General Fund. ($22.72
for 9 months, July through March, totals $204.48).
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, the above
resolution was unanimously passed.
' CENTRAL ACCOUNTING SYSTEM - ADOPTED
Jim Boyd, Director of Accounting, presented a basic format of the Central Accounting
System, recommending the establishment of the General Revenue Fund and elimination of the Dog
Fund. Richard F. Madigan made a motion that the Board of Supervisors herein approve the basic
format of the Central Accounting System as set forth in the following resolution:
The motion was seconded by Dennis T. Cole.
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the basic format of the Central Accounting System as indicated below:
Basic Format of Central Account Svstem
General Ledger Accounts
O1 - TREASURER'S
ACCOUNTABILITY
0101
Cash in Office
0102
Petty Cash with boards, officers & others
0105
Cash - Over /Short
0111
Cash in Bank - Farmers and Merchants (Checking)
0112
Cash in Bank - Farmers and Merchants (C.D.'s)
0113
Cash in Bank - Farmers and Merchants (Savings)(Bates Trust)
'
0114
Cash in Bank - Farmers and Merchants (D.J.Howard Voc. School Checking)
0115
Cash in Bank - .Farmers and Merchants (Fiscal Agent)
0116
Cash in Bank - Western Frederick (Checking)
0117
Cash in Bank - Shenandoah Valley (Checking)
0118
Cash in Bank - Shenandoah Valley (C.D.'s)
0119
Cash in Bank - Commercial and Savings (Checking)
'
0120
Cash in Bank - Commercial and Savings (C.D.'s)
0129
Harry L. McCann Deferred Account
0130
Dorothy B. Keckley Deferred Account
0131
Overpayment Account
0132
Returned Check Account
0197
Commonwealth Current Debit Account
0198
Prepaid Items
0199
Treasurer's Accountability
County Funds
05
General Revenue Fund
10
General Operating Fund
It.
Harriet S. Sides Trust Fund
Special Welfare
School Textbook
FICA Contribution
Retirement Contribution
Commonwealth Account
The above resolution was unanimously passed.
TEN DAY NOTICE ON SUBDIVISION PLATS - APPROVED
Mr. Alderman suggested to the Board that Subdivision Plats be submitted at one Board
Meeting and approved at the next meeting thereby allowing the Supervisors time to inspect such
plats. Mr. Alderman stated that the plats would be incorporated in the agenda. Mr. Bass
stated that heec :the-.reasoning for this but there might be cases where some of the
plats would have to be approved sooner. Mr. Alderman stated that this could be done. Dennis
Cole asked if there had to be a thirty day period and Mr. Alderman stated that the plats could
be submitted ten days before the Board Meeting. Mr. Bass said he thought it would be helpful
to the people to adopt a ten day period. Mr. Bass asked what would be done with the land set
aside for recreation. Mr. Alderman advised that this was being studied at the present time.
Upon motion by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein require a minimum of ten (10) days notice on subdivision plats prior to the Board
Meeting at which time they will be considered for approval.
The above resolution was unanimously passed.
SUBDIVISION PLATS - APPROVED
Lots 1 - 4 - James A. Clevenger - Approved
Upon motion by Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
Lots 1 thru 4 of James A. Clevenger located in Stonewall District.
The above resolution was passed unanimously.
Lots 1 and 2 - Opequon Estates - Approved
Upon motion of Donald R. Hodgson and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
Lots 1 and 2 of Opequon Estates located in Stonewall District.
The above resolution was passed with J. Robert Russell, Donald R. Hodgson and Rich
F. Madigan voting "for" and Dennis T. Cole abstaining because of a conflict of interest.
Plymn Owens Estates - Section 2 - Approved
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
the plat of Plymn Owens Estates - Section 2 located in Opequon District.
The above resolution was passed unanimously.
Wakeland Manor - Section "C" - Lots 9 thru 15 Approved:
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
the plat of Wakeland Manor - Section "C" - Lots 9 thru 15 located in Opequon District.
The above resolution was passed unanimously.
30
Virginia Public Assistance.FUnd
50
School Operating Fund
60
Parks and Recreation Operating Fund.
70
School Debt and Construction Fund
80
County Debt and Construction Fund
.90
Laura Bates Trust Fund
91
Harriet S. Sides Trust Fund
92
Special Welfare Fund
,
93
School Textbook Fund
94
Undistributed Sales Tax - Local Fund
99
Commonwealth Fund (Current Credit)
Existing County Funds
General
'
Dog
VPA
School
School
Debt and Construction
Laura Bates
Trust Fund
Harriet S. Sides Trust Fund
Special Welfare
School Textbook
FICA Contribution
Retirement Contribution
Commonwealth Account
The above resolution was unanimously passed.
TEN DAY NOTICE ON SUBDIVISION PLATS - APPROVED
Mr. Alderman suggested to the Board that Subdivision Plats be submitted at one Board
Meeting and approved at the next meeting thereby allowing the Supervisors time to inspect such
plats. Mr. Alderman stated that the plats would be incorporated in the agenda. Mr. Bass
stated that heec :the-.reasoning for this but there might be cases where some of the
plats would have to be approved sooner. Mr. Alderman stated that this could be done. Dennis
Cole asked if there had to be a thirty day period and Mr. Alderman stated that the plats could
be submitted ten days before the Board Meeting. Mr. Bass said he thought it would be helpful
to the people to adopt a ten day period. Mr. Bass asked what would be done with the land set
aside for recreation. Mr. Alderman advised that this was being studied at the present time.
Upon motion by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein require a minimum of ten (10) days notice on subdivision plats prior to the Board
Meeting at which time they will be considered for approval.
The above resolution was unanimously passed.
SUBDIVISION PLATS - APPROVED
Lots 1 - 4 - James A. Clevenger - Approved
Upon motion by Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
Lots 1 thru 4 of James A. Clevenger located in Stonewall District.
The above resolution was passed unanimously.
Lots 1 and 2 - Opequon Estates - Approved
Upon motion of Donald R. Hodgson and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
Lots 1 and 2 of Opequon Estates located in Stonewall District.
The above resolution was passed with J. Robert Russell, Donald R. Hodgson and Rich
F. Madigan voting "for" and Dennis T. Cole abstaining because of a conflict of interest.
Plymn Owens Estates - Section 2 - Approved
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
the plat of Plymn Owens Estates - Section 2 located in Opequon District.
The above resolution was passed unanimously.
Wakeland Manor - Section "C" - Lots 9 thru 15 Approved:
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
the plat of Wakeland Manor - Section "C" - Lots 9 thru 15 located in Opequon District.
The above resolution was passed unanimously.
207
DR. SAM WHITACRE - LAMB KILL - PAID
R. W. BROWN - CHICKEN KILL - PAID
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, payment was author
ized in the amount of $20.00 to Dr. Sam Whitacre for one (1) lamb killed by stray dogs on
April 29, 1972, and to R. W. Brown in the amount of $38.75 for thirty -one (31) chickens killed
by stray dogs on April 9, 20 and 29, 1972.
' J. Robert'Russell, Vice - Chairman, announced that he had received woid from The Sanitation
Authority that the surveying on the two proposed water and sewer projects would start in about
two weeks.
TRAILER PERMITS - APPROVED
Upon motion of Donald R. Hodgson and seconded by Richard F. Madigan,
BE IT RESOLVED, That the trailer permits of Marvin L. Campbell in Shawnee District and
Craven Edwards in Gainesboro District be approved.
The above resolution was passed unanimously.
Upon motion by Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve the
request of the Social Studies Department of James Wood High School to video tape the Budget
Hearing set for May 24, 1972, at 7:30 P.M. in the County Court House.
The above resolution was passed unanimously.
SOLID WASTE ASSISTANCE - GRANT AND LOAN - APPROVED
Mr. Alderman stated that the Solid Waste Assistance Grant and Loan had been tabled at the
last meeting and was now up for discussion:., Mr. Madigan moved that the Board apply for the
Solid Waste Assistance Grant and Loan and if it was needed it would be available and if not it
could be refused. The motion was seconded by Dennis T. Cole.
BE IT RESOLVED, That the Board of Supervisors of theCounty of Frederick does herein
authorize the County Executive Secretary to .make application in the?tname of the County of
Frederick for grant and loan assistance from the Farmers Home Administration for the estab-
lishment of a comprehensive solid waste control system.
The above resolution was passed unanimously.
TAX REFUND - KARLA A. COPP
Upon motion of Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That in accordance with the recommendation of Eston A. Rudolph, Jr.,
Commissioner of Revenue, a refund in the amount of $22.00, for personal property taxes, be
paid to Karla A. Copp since these taxes have already been paid in Arlington County.
The above resolution was passed unanimously.
VALLEY SANITATION SERVICE - COMPLAINT
Upon motion of Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby deny the com-
plaint in the amount of $25.00 of Valley Sanitation Service and directs that a letter of apol
gy be sent to Valley Sanitation Service.
The above resolution was passed unanimously.
APPOINTMENTS TO BI- CENTENIAL COMMITTEE
The following appointments were made by each Supervisor for his district to the Bi-
Centenial Committee. The appointments not filled will be completed at the next Board Meeting.
Supervisor
Representative
District
Dennis T. Cole
William D. Pike
Stonewall
Rt. 1
Stephenson, Virginia
Manuel Sempeles
Red Bud Road .
Winchester, Virginia
Richard F. Madigan
Mr. & Mrs. Ross Farrar
Back Creek
Donald R. Hodgson
Larry Mullen
Shawnee
Frederick Heights
Winchester., Virginia
David Weir
Frederick Heights
Winchester, Virginia
Raymond C. Sandy
Miss Elsie Hovermale
Opequon
Stephens City, Virginia
N
Supervisor Representative District
J. Robert Russell James Hutton Gainesboro
Apple Pie Ridge
Winchester, Virginia
GEORGE WHITACRE - INSURANCE REQUEST
George Whitacre requested that the Board of Supervisors consider insurance on the
contents of the Clerk's Office as there is no theft insurance at this time. Mr. Alderman ad-
vised that the Director of Accounting was working on an insurance program at the present time.
The feasibility of an alarm system was discussed.
Upon motion by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby request a
study and cost projection on an alarm system and insurance program be made as soon as possible.
The above resolution was passed unanimously.
UPON MOTIONDULY MADE AND SECONDED THE MEETING WAS ADJOURNED UNTIL 7:30 P.M. IN THE
COUNTY COURT HOUSE.
The evening session of the Regular Meeting of the Frederick County Board of Super-
visors, held on May 10, 1972, was convened at 7:30 P.M. in the County Court House.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T. ColE
Donald R. Hodgson, and Richard F. Madigan.
The meeting was called to order by Chairman Sandy.
BUILDING CODE ORDINANCE - APPROVED
Chairman Sandy presented the Building Code Ordinance for third and final reading.
The ordinance was read by the Executive Secretary.. The question was raised by Karl Harbaugh,
Vice - President of the Frederick County Taxpayers Association and later by Dennis T. Cole as to
whether there would be any conflict between the State Building Code and the Building Code Or-
dinance up for approval by the Board of Supervisors. Chairman Sandy stated that there would
be no conflict since the state law did not establish a code but authorized the study - of such
action.
The question was raised from the floor as to where a copy of the building code ordi-
nance could be obtained. Mr. Alderman advised that copies would be available in the Clerk's
Office and in the Building Inspector's Office for review by the ptblic.
A question was raised from the floor concerning repairs to your own property.
Chairman Sandy stated that any work amounting to $200.00 or less would not be affect-
ed. He also explained that the Building Code Ordinance would insure quality construction in
the County.
Upon motion of Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve
the following ordinance on its third and final reading.
AN ORDINANCE PROVIDING FOR FIRE LIMITS, AND REGULATIONS GOVERNING
THE CONSTRUCTION, ALTERATION, REMOVAL, DEMOLITION, EQUIPMENT, USE
;`- AND OCCUPANCY, LOCATION AND MAINTENANCE OF BUILDINGS AND STRUCTURES
WITHIN THE COUNTY OF FREDERICK, VIRGINIA. (SEE PAGES 208A & 208B)
The above resolution was passed unanimously..
INTRODUCTION - MR. BLAIR WEBBER - BUILDING INSPECTOR
Pursuant to a request by Dennis T. Cole, Chairman Sandy introduced Mr. Blair Webber,
Frederick County Building Inspector, and gave a brief resume of his qualifications. Mr.
Alderman stated that since Mr. Webber would be a one man department he would be unable to be
in the office all the time. He requested that appointments be made in advance.
EMERGENCY ELECTRICAL CODE ORDINANCE - APPROVED
Mr. Alderman stated that it had been brought to the attention of the Board that
there was need of an electrical code in the County. Mr. Alderman recommended the adoption of
the National Electrical Code and the Middle Department of Fire Underwriters as the electrical
inspector for the County.
The Electrical Code Ordinance was read in full. Mr. Sandy called for discussion.
Mr. Russell asked who would do the work. Mr. Webber stated that Mr. James DeHaven of Middle
Department of Fire Underwriters would do the work as had been done in the past. A question
was raised from the floor as to who would exercise control over the fees. Mr. Webber advised
I:
that the fees were controlled by the Fire Underwriters and are based on the operating cost.
There is no profit at all.
to :,
AN ORDINANCE PROVIDING FOR FIRE LIMITS, AND REGULATIONS GOVERNING THE CONSTRUCTION, ALTERATION,
REMOVAL, DEMOLITION, EQUIPMENT, USE AND OCCUPANCY, LOCATION AND MAINTENANCE OF BUILDINGS AND
STRUCTURES IN THE COUNTY OF FREDERICK, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Frederick, Virginia, that:
The Director of Inspections may request and shall receive so far as may be necessary, in the discharge
of his duties, the assistance and cooperation of other officials of the County.
Section 7. Right of Entry.
The Director of Inspections or his deputies, in the dischage of his official duties, and upon proper
identifications, shall have authority to enter any building, structure or premises at any reasonable hour.
Section 8. Definitions.
(a) Wherever the word "Municipality" is used in the building code, it shall be held to mean the County
of Frederick.
Sectionil. Adoption of Building Code:
There is hereby adopted by the Board of Supervisors of the County of Frederick, Virginia, for the pur-
pose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use
and occupancy, location and maintenance of buildings and structures, including permits and penalties that certain
building code known as the National Building Code recommended by the American Insurance Association, successor to
the National Board of Fire Underwriters, being particularly the 1967 edition thereof and the whole thereof, save
and except such portions as are hereinafter deleted, modified or amended, of which not less than three (3) copies
have been and now are filed in the office of the Clerk of the Circuit Court of Frederick County and the same are
hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance
shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structure:
therein contained within the corporate limits of the County of Frederick.
'
Section 2. Establishment of Division of Inspections:
(a) The Division of Inspections is hereby created and the executive official in charge shall be known
as the Director of Inspections.
(b) The Director of Inspections shall be appointed by the Board of Supervisors. His appointment shall
continue during good behavior and satisfactory service. He shall nottbeurenloved ^from office except for cause
after full opportunity has been given him to be heard on specific charges.
(c) During temporary absence or disability of the Director of Inspections, the appointing authority
shall designate an acting Inspector.
Section 3. Qualifications of Director of Inspections:
To be eligible to appointment, the candidate for the position shall have had experience as an architect,
structural engineer, building inspector or superintendent of building construction. He shall be in good health,
physically capable of making the necessary examinations and inspections. He shall not have any interest whatever,
directly or indirectly, in the sale or manufacture of any material, process or device entering into or used in or
in connection with building construction, alterations, removal, and demolition.
Section 4. Duties of the Director of Inspections:
(a) The Director shall devote his whole time to the duties of his office. He shall receive application
required by this code, issue permits and furnish the prescribed certificates. He shall examine premises for whict
permits have been issued and shall make necessary inspections to 'see that the provisions of law are complied with
'
and that construction is prosecuted safely. He shall enforce all provisions of the building code. He shall,
when requested by proper authority, or when the public interest so requires, make investigations in connection
with matters referred to in the building code and render written reports on the same. To enforce compliance with
law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require
adequate exit facilities in buildings and structures, he shall issue such notices or orders as may be necessary.
(b) Inspections required under the provisions of the building code shall be made by the building
official or his duly appointed assistant. The Director may accept reports of inspectors of recognized inspection
services, after investigation of their qualifications and reliability. No certificate called for by any provisior
of the building code shall be issued on such reports unless the same are in writing and certified to by a
responsible officer of such service.
(c) The Director of Inspection shall keep comprehensive records of applications, of permits issued, of
certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain
on file copies of required plans and all documents relating to building work so long as any part of the building
or structure to which they relate may be in existence.
(d) All such records shall be open to public inspection for good and sufficient reasons at the
stated office hours, but shall not be removed from the office of the Director of Inspections without his written
consent.
(e) The Director of Inspections shall make written reports to the Board of Supervisors once each month,
or oftener if requested, including statements of permits and certificates issued, and orders promulgated.
'
Section 5. Liability of Director of Inspections:
The Director of Inspections or any employee charged with the enforcement of this Code, acting in good
faith and without malice for the County in the discharge of his duties, shall not thereby render himself liable
personally and`hhe is hereby relieved from all personal liability for any damage that may accrue to persons or
property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any
suit brought against the Director or employee, because of such act or omission performed by him in the enforcement
of any provisions of this code, shall be defended by the legal department of the County until final termination
of the proceedings.
'
Section 6. Cooperation of other Officials:
The Director of Inspections may request and shall receive so far as may be necessary, in the discharge
of his duties, the assistance and cooperation of other officials of the County.
Section 7. Right of Entry.
The Director of Inspections or his deputies, in the dischage of his official duties, and upon proper
identifications, shall have authority to enter any building, structure or premises at any reasonable hour.
Section 8. Definitions.
(a) Wherever the word "Municipality" is used in the building code, it shall be held to mean the County
of Frederick.
M g ' f ; � i
(b) Wherever the term "Corporation Counsel" is used in the building code, it shall be held to mean
Attorney for the County of Frederick.
Section 9. Fire Limits Established:
The fire limits of the County of Frederick shall be as established from time to time by resolution of
the Board of Supervisors.
Section 10. Fees.
(a) No permit as required by the building code shall be issued until the fee prescribed in this
ordinance shall have been paid. Nor shall an amendment to a permit be approved until the additional fee, if any,
due to an increase in the estimated cost of the building or structure, shall have been paid.
(b) For a permit for the construction or alteration of a building or structure, the fee shall be at
the rate of $2.50 per thousand dollars of the estimated cost up to twenty thousand dollars, plus $2.00 per thous-
and dollars of the estimated cost in excess of twenty thousand dollars up to one hundred thousand dollars; plus
$1550 per thousand dollars of the estimated cost in excess of one hundred thousand dollars; but not less than
$7.50 in any case; provided that no fee shall be required when the estimated cost does not exceed two hundred
dollars.
(c) For a permit for the removal of a building or structure from one lot to another, the fee shall be
at the rate of $2.50 per thousand dollars of the estimated value of the building or structure in its completed
condition after removal.
(d) For a permit for the removal of a building or structure to a new location within the same lot, thel
fee shall be at the ratev: of $2.50 per thousand dollars of the estimated cost of moving, of new foundations and
of work necessary to put the building or structure in usable condition in its new location.
(e) For a permit for the demolition of a building or structure the fee shall be at the rate of $3.00
for each ten feet in the height of such building or structure plus one per cent additional for each foot of
street frontage of the building or structure in excess of fifty feet.
(f) In case of abandonment or discontinuance, the cost of work performed under a permit may be
estimated, an adjustment of the fee made and the portion of the fee for uncompleted work returned to the permit
holder, provided that no refund of a prescribed minimum fee shall be made. If such discontinuance is due to
revocation of permit, a similar adjustment and return may be made; provided that no refund shall be made until
all penalties incurred or imposed by due authority have been collected. After such a refund has been made no
work shall be resumed until a new application has been made and;, permit has been issued.
(g) The term "estimated cost" as used in this section, means the reasonable value of all services, 't
labor, materials, and use of sacffolding and other appliances or devices entering into and necessary to the
prosecution and completion of the work ready for occupancy; provided that the cost of excavation or grading and
of painting, decorating or other work that is merely for embellishment or not necessary for the safe and lawful
use of the building or structure, is not deemed a part of such estimated cost.
Section 11. Saving Clause:
Nothing in this ordinance or in the building code hereby adopted shall be construed to affect any suit
or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of
action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any
character be lost, impaired or affected by this ordinance.
Section 12. Validity:
The invalidity of any section or provision of this ordinance or of the building code hereby adopted
shall not invalidate other sections or provisions thereof.
Section 13. Inconsistent Ordinances Repealed:
Ordinances or parts thereof in force at the time that this ordinance shall take effect and inconsistent
herewith, are hereby repealed.
Section 14. Any construction subject to the provisions of this ordinance, not stak-ted upon the date
of passage of this ordinance, shall be subject to the regulation, fees and requirements of this ordinance.
Section 15. This ordinance shall take effect upon passage of the Board of Supervisors.
209
Upon motion of Donald R. Hodgson sand _:seconded' ^by`Dennis T. Cole,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby adopt the fol-
lowing ordinance:
AN ORDINANCE ADOPTING THE "NATIONAL ELECTRICAL CODE" AS THE
ELECTRICAL CODE FOR FREDERICK COUNTY, VIRGINIA AND THE PROVISION
FOR AN ELECTRICAL INSPECTOR.
' The above 'resolution was passed unanimously.
The Board recessed into Executive Session.
Following the executive session, the meeting was called to order by Chairman Sandy.
Mr. Madigan stated that he and Mr. Massie were good friends but if he came up to his hous
and did not knock, but rushed right in, he would not show much respect for him and that the
same situation was occurring with the Board of Supervisors and Frederick County; that before
you come rushing in and demanding things, don't you think common courtesy demands that you
come to us to let us know what is going on.
Mr. Massie requested that the Board put some kind of clause into the ordinance which
woul make construction which had already begun exempt.
WATER AND'SEWER ORDINANCE - THIRD AND FINAL READING - APPROVED
Chairman Sandy presented the'Ordinance for Water and Sewer Expansion for third and final
reading. The ordinance was read in full.
'
Chairman Sandy called for discussion on the ordinance. The question was raised from the
floor as to what effect the ordinance would have on people living in areas adjacent to the cit
'
of Winchester and have water and sewer lines already installed with the intention of eventuall
facilities and had plans to build others, including a commercial shopping center on Senseny
hooking onto the city water and sewer system and also those who have already hooked onto city
water. Mr. Alderman stated that plans would have to be submitted to the Board for approval or
disapproval and that the Code provides the Board with this power
and sewer lines which were on his property, but the city would not let them extend the lines
The question of whether or not the growth of industry in the area right around Winchester
would be stunted by the ordinance was discussed. Mr. Madigan stated that it was 'very possible
that a big industry might desire to locate here which would create population growth of the
the middle of a power play between the County and the City.
County but the tax realized from such an industry would nd:offsetil the liability. However,
any industry if it were a desirable one, that would be an asset to the County in helping to
offset the great imbalance of industry and people that we now have in the County, would be
approved in my opinion. I£ we are going to encourage growth and attract people to build homes
in the county and migrate here, we have to look at the other side of the picture.
Mr. Sandy stated that basically the County was the last to know of any intent to locate
,
industry or expand city service into the County. The City Fathers had a contract on their
desk for nine months to provide services for this land. We knew about it last week. We have
Mr. Massie stated that there Was no problem when the school was built and the water and
sent the Industrial Development Corporation a letter stating that we would like to provide
services, but if we couldn't we would not stand in the way. Mr. Sandy stated that the people
must have faith in the Board. Mr. Solenberger said that if the'City and County go against
particular piece of land. He said that 1� years ago they had gone to the city to get plans to
each other he was concerned that some of the people would be caught in the middle of a power
play. Mr. Sandy stated that each time the County faces a situation like this we have to give.
We are buying water from the city. I can't see yielding this time and we will provide some
facilities until we can get our plants in. This is the first time in a long time we have had
the long end of the straw. We must correct this situation or we will be in a bad way.
Mr. Solenberger asked if there was no other way.
Mr. Sandy stated that he wished there was but we can not wait five years like others haaie
done in the past. Each case which comes before the Board would have to be decided on its
merit.
Mr. Madigan stated that he and Mr. Massie were good friends but if he came up to his hous
and did not knock, but rushed right in, he would not show much respect for him and that the
same situation was occurring with the Board of Supervisors and Frederick County; that before
you come rushing in and demanding things, don't you think common courtesy demands that you
come to us to let us know what is going on.
Mr. Massie requested that the Board put some kind of clause into the ordinance which
woul make construction which had already begun exempt.
There was much discussion from the floor as to the guidelines the Board would use in
approving or disapproving applications.
Mr. Massie stated that he represented a party who had completed construction of some
'
facilities and had plans to build others, including a commercial shopping center on Senseny
Road. Mr. Massie stated that his party had contracted with Ferman Perry to extend the water
and sewer lines which were on his property, but the city would not let them extend the lines
if they would become County property. He stated that they also did not want to be caught in
the middle of a power play between the County and the City.
Mr. Madigan stated that these people should have come to the Board and gotten approval
'
for the lines so that the Board Mould know what was going on in the County.. Mr. Madigan
stated that he thought it was high time that the representatives of the peoplle' of the County
assume their responsibilities to the people to know what is going on in the County.
Mr. Massie stated that there Was no problem when the school was built and the water and
sewer lines were extended to the school and that his party had been zoned commercial for this
particular piece of land. He said that 1� years ago they had gone to the city to get plans to
hook onto the lines.
Mr. Madigan stated that he and Mr. Massie were good friends but if he came up to his hous
and did not knock, but rushed right in, he would not show much respect for him and that the
same situation was occurring with the Board of Supervisors and Frederick County; that before
you come rushing in and demanding things, don't you think common courtesy demands that you
come to us to let us know what is going on.
Mr. Massie requested that the Board put some kind of clause into the ordinance which
woul make construction which had already begun exempt.
210
Jim Bowman, on behalf of the Frederick- .County Sanitation Authority, stated that three
months ago, at the request of the party Mr. Massie represents, they had a meeting with them
and they had gone over the entire thing very thoroughly and the party did not get back in touc
with us.
Mr. Largent quoted Section 326 of the Code, stating that it applied to the approval
of sewer systems and the extension of such systems and that the same applied to the water sys-
tems. He suggested that on Page 2, Section 4 the language of the Code be used. Mr. Largent
stated that he was greatly concerned with the dedication section of the ordinance. He stated
that he thought the ordinance should be studied by both City and County officials so that the
people might be represented in a constructive way. He said that the Board could show real
leadership by studying the ordinance and hammering out these problems. Mr. Largent said he
did not feel that it was vital to pass the ordinance tonight.
Additional annexation in the future was discussed with Mr. Madigan pointing out the
need of the County to for this possibility and take preventative measures now.
Mr. Sandy stated that the County was striving to provide services because this was
why the County was turned down in the annexation suit. He stated that the Board was represent-
ing 25,000 people and not just a few around the city.
Mr. Alderman stated, concerning the Kernstown Industrial Park, that the County was
never consulted and that was an area where the County has the capacity to service water and
sewer. He stated that there had been a meeting yesterday and not one representative from the
County was there. He stated that the city never brought it's plans to the County; that the
courtesy had never been given to the County to do this.
Mr. Ben Butler, representing Stephens City, lodged an objection to Section 5 -2 and
requested this section be deleted from the ordinance.
Mr. Stallings, Mayor of Middletown, stated that he agreed with Mr. Butler and that
there were not enough guidelines as to the approval or disapproval power given to the Board.
Mr. Sandy stated that the people must exercise trust in the Board.
Mr. Sandy asked for discussion from the Board.
Mr. Russell stated that he too was concerned with Section 5 -2. He stated that he
would like to see the matter studied further. He said that he knew the county needed the
ordinance but felt that it should be studied further.
Mr. Cole stated that he felt that the ordinance was definitely needed and that it
was basically a good ordinance. He said he did not want to fight with the City.
Mr. Hodgson stated that he believed the County needed the ordinance and if the Board
felt it should be adopted, with Section 5 72 deleted, he would agree. He stated that he also
had no desire to fight with the city.
Mr. Robinson stated that he also owned two pieces of property on which water and
sewer lines had been installed to service this property and also the property which he owned
adjacent to it known as Apple Valley. He stated that the Sanitation Authority would take
longer and cost more money and that industry would not wait. He suggested that both city and
county boards sit down and discuss these problems and that he objected uppermost to Section 5 -;
Mr. Madigan made the motion to adopt the Ordinance To Regulate The Construction And
Expansion of Central Water and Sewer Systems Within The County Of Frederick, Virginia, as
presented with the exception that Section 5 -2 be deleted and that the Board take said section
under study. Mr. Alderman stated the change of Sections 5 -3 and 5 -4 to Sections 5 -2 and 5 -3.
The motion was seconded by Donald R. Hodgson.
Mr. Hagerty stated that he felt the people were not well informed about the ordinance
and that he would like to see it postponed for thirty days and published in the newspaper.
Mr. Sandy stated that the ordinance had been published in substance.
Mr. Whitacre stated that there were no copies available in the Clerk's Office.
Mr. Alderman stated that he never said that there were, but that they were in the
Executive Secretary's Office for review by the public.
Mr. Madigan called for a question.
Mr. Madigan stated that in casting his vote he believed by the deletion of Section
5 -2 in passing the ordinance would not affect the relationship of the County with the City of
Winchester and would serve a useful purpose. He stated that the Board had no intentions of
stopping the:_progress.:of- Frederick County nojr;�' creating a hardship on any of the citizens livinc
in the area the ordinance would'effect.
Mr. Russell stated that he would prefer to have the passage of the ordinance delayed
for thirty days and therefore would cast his vote "against ".
By recorded vote with Raymond C. Sandy, Dennis T. Cole, Donald R. Hodgson and
Richard F. Madigan voting "for" and J. Robert Russell voting "against" the following ordinance
was passed.
M/6
AN ORDINANCE TO REGULATE THE CONSTRUCTION AND EXPANSION OF
CENTRAL WATER AND SEWER SYSTEMS WITHIN THE COUNTY OF
FREDERICK VIRGINIA
BE IT ORDAINED AND ENACTED, By the Board of Supervisors of the County of Frederick, Virginia,as follows:
IV ARTICLE I - PURPOSE
Section 1 - 1. The Health, Safety and General Welfare of the residents of Frederick County demand that
they be provided a safe and adequate water and sewerage system for domestic, commercial and industrial use;
a
and it is the opinion of this Board that all reasonable and legal steps should be taken to assure safe and
adequate systems.
ARTICLE II - SEWERAGE SYSTEMS
Section 2 - 1. Sections 15.1 -326 through 15.1 -332 of the Code of Virginia 1950 (Michie) as amended,
provide among other things, (1) that any person, firm, corporation, or association proposing to establish
a sewerage system to serve or to be capable of serving three or more connections, or proposing to extend a
previously approved system, shall notify in writing the governing body of the county in which the sewerage
system is to be located and shall appear at a regular meeting thereof; and (2) that the governing body is
empowered to consider the proposal.
Section 2 - 2. That no new sewerage system to serve or to beacapable of serving three or more
shall be established and no extension of a previously approved sewerage system shall be made until detailed
plans and specifications of such proposed new system or of such proposed extension, with proof of capacity
to serve, has been filed with, and permit thereforchaerbeen obtained -from said Board of Supervisors.
' Section 2 - 3. That application for such new system or for such extension shall be made in writing;
shall state in detail the number nature and location of connections to be served (including dwelling units,
schools and other public buildings, and commercial and industrial establishments together with probable
number of employees of each such & stablishment); and shall be accompanied by scale drawings showing the
location size, material, and extent of proposed sewerage system, including appurtenances, together with
such other pertinent information as said Board or its dulyyauthorized representative may require; and shall
show in sufficient detail the manner in which the applicant proposes to meet the standards set forth in
Section 2 - 4 hereof.
Section 2 - 4. That no application will be.approved by said Board of Supervisors and permit issued for
the establishment of any sewerage system or for the extension of any existing sewerage system and no work
shall be done inr_connection with any such new system or such extension except in accordance with the
standards or approved revisions thereof and such other reasonable standards as may be applicable to the
particular application.'
' Section 2 - 5. G ENERAL DESIGN STANDARDS
1. Tributary Population:
(A). Sewer systems which provide for a complete watershed shall be designed and sized taking the
following into consideration:
' (1). The estimated tributary population for a period of fifty years hence, or
(2). The entire watershed shall be assumed to be completely built -up according to present or
predicted zoning ordinances whichever requires'the7 "greaterz capacity.
('9)(B)'3 Sewer systems which provide for only a part of a complete watershed shall be sized to provide
for the entire upstream watershed. Otherwise, provision shall be made for future increased capacity. Prope .
modifications to allow for the characteristics (i.e., domestic, commercial and industrial wastes and ground
water infiltration) of the area under consideration shall be made.
(C). Trunk and sub -trunk sewers shall be designed on a basis of population density if not less than
ten (10) persons per acre. Design provisions in excess of this minimum shall be made where the local health
department deems it necessary. Supporting data shall be included in the Design Analysis. Design Analysis
shall be provided for all trunk and sub -trunk sewers and when required by the County for collecting sewers.
a roAQ
2. 'Capacities:
(A). in determining the required capacity of sanitary sewers, the following factors shall be consi
(1). Maximum hourly quantity of domestic sewerage.
(2). Additional maximum sewerage or waste from industrial plants and commercial areas.
(3). Ground water infiltration.
(B). New sewer systems shall be designed on the basis of an average per flow of sewage from the,
equivalent population served of not less than 100 gallons per day. On this basis, lateral and sub -main sewers
shall be designed with capacities, when running full, in accordance with the peak flows indicated in Figure 1,
entitled "Design Flow for Sewers ". attached hereto.
(C). The 100 gallons per capita per day figure is assumed to cover normal infiltrationp but an addi-
tional allowance for flow from cellar floor drains, foundation drains, roof leaders or unpolluted cooling water
which are prohibited by law from discharging into sanitary sewer systems.
(D). Unless evidence is presented to prove a different flow from industry at ultimate development,
minimum allowance for industrial flow shall be determined by providing an equivalent population of 40 persons
per acre or one equivalent population per employees whichever is the greater, in the industrial area. "Area"
shall include entire area zoned for industry, except public road, street and highway rights -of -way.
(E). The minimum allowance for flows from commercial areas shall be determined by providing an equi
lent population of 30 persons per acres, or one -half equivalent population per employee, whichever .is the grea
in the commercial area. Area shall include entire area zoned for commercial development, including off -street
parking areas and landscaped areas, but excluding the rights -of -way of public roads, streets and highways.
(F). In cases where the above criteria are
not applicable,
an alternate design procedure may be sub-
mitted to the County for approval. A description of
the procedure used and justification for the modification
-
for sewer design proposed shall be included with the
Design Analyses
and plans submitted for approval.
,
3. Sewer Locations: in general, sewers will be located on
legally established streets or rights -of-
Minimum Sewer Size: No public sewer shall be less than 8 inches in diameter.
way and shall be equidistant from property lines or
curb lines wherever possible. The horizontal distance be-
Sewer Connections: Connections to sewer lines 18 inches
tween sewers and existing or projected water mains shall be':ndtvless
than 10 feet, except where the water mains
are located at a higher elevation fl.0 feet from the
bottom of water
main to top of sewer minimum) than the top
of the sewer, in which case, a minimum horizontal distance of 6 feet will be permissible.
4. Manholes:
(A). Manholes for access to sewers shall be provided at all intersections with other sewers, at all
points of change in alignment, at all changes in grade and at the terminal of the line. In addition access
manholes shall be provided at intervals not exceeding 400 feet on all sewers 15 inches in diameter or less and
not more than 500 feet apart on sewers 18 inches' in diameter or larger.
(B). Sewer manholes for sewers .up to 24 -inch diameter shall not be less than 4 feet -0 inches, inside
diameter. Manholes for sewers larger than 24 inches and up to 48 inches shall have an inside diameter of�.not
I
less than 5 feet -0 inches.
(C). Manholes shall be constructed of precast concrete or brick or block and shall -be parged inside
and outside with one -half inch cement mortar if constructed of block or brick.
(D).
Manhole frames and covers shall be gray cast iron and be
designed for roadway traffic. The worn
2sewer" shall
be cast in the cover.
-
I .
(E).
Manhole base shall be 3000 psi concrete and be a minimum
of six inches thick.
5.
Minimum Sewer Size: No public sewer shall be less than 8 inches in diameter.
6.
Sewer Connections: Connections to sewer lines 18 inches
in diameter or larger shall only
be made at manholes.
7. Hydraulic Design Criteria: The hydraulic design and determination of Sewer sizes shall be based on II
the following conditions:
(A ) Sewers shall have a uniform slope and straight alignment between manholes.
aw
oZ /O 4 :�,
(B). At all junctions where a smaller diameter sewer discharges into a larger one and
at all locations where the sewer increases in size, the invert,of the larger sewer shall be
lowered so that the energy gradient of the sewer at the junction are at the same level. Gen-
erally, this condition will be met by placing the crowns of the two sewers at the same eleva-
1
(C). Sewers shall be designed to be free flowing with the hydraulic grade below the
crown and with hydraulic slopes sufficient to provide an average velocity when running full of
not less than 2.25 feet per second (F.P.S.). Computations of velocity of flow shall be based
on the following values of "N ", as used in the Kutter of Manning formula for velocity of flow.
For pipe sizes 8 to 24 inches in diameter, laid in lengths up to 5 feet, "N" shall equal 0.013.
For pipe sizes 8 to 27 inches in diameter, laid in lengths of 6 feet long or longer, "N" shall
equal 0.012. For pipe sizes 30 inches in diameter and up, laid in lengths of 4 feet or more
with tongue and groove type joints made carefully smooth, "N" shall equal 0.012.
(D). For sewage flow depth less than 4 full, allowance shall be made for increased
value of "N" and in no case shall velocities of less than 1.3 F P.S. be permitted. The im-
proved velocities shall be accomplished by steeper grades and not by increasing pipe diameter.
(E). The maximum permissible velocity at average flow (before applying peak flow fac-
tor) shall be 15 feet per second. Suitable drop manholes shall be provided to break the steep
slopes to limit the velocities in the connecting sewer pipes between manholes. Where drop man-
holes are impracticable for reduction of velocity, the sewer shall be of cast iron or other
abrasion resistant material.
8. Structural Design:
(A). General: The structural design of sewers shall conform with the methods given
in the ASCE Manual No. 37 for the Design and Construction of Sanitary and Storm Sewers. Sewer
installed in streets have a minimum cover of six feet.
9. Pipe Material: The County reserves the right to select the type of material which
shall be used in sewer installation from the following list of materials:
(A). Asbestos Cement Pipe: Asbestos cement sewer pipe shall be in conformance with
ASTM Designation C428 of latest revision and must also be autoclave cured in a manner to elim-
inate all free lime.
(B). Clay Pipe: Vitrified clay pipe shall be in conformance with ASTM Designation
C200 of latest revision for Extra Strength Clay Sewer Pipe. All joints shall conform to ASTM
Designation C425 of latest revision.
(C). Reinforced Concrete Pipe: Reinforced concrete sewer pipe shall be in conformanc
with ASTM Designation C76 of latest revision for Class II, Class III, Class IV or Class V with
the exception that absorption shall be limited to five percent (5 %). All joints shall be of
the "0" ring type.
(D). Cast Iron Pipe: Cast iron pipe used for sewer installation shall be in confor-
mance with American Standard Specifications for Cast Iron Pipe for Water (ASA, A -21.2, A -21.6,
and A- 21.8). Wall thickness shall be computed according to AWWA Manual C101. No cast iron
soil pipe shall be used as a public sewer.
Section 2 - 6. CONSTRUCTION REQUIREMENTS
1. Excavation:
(A). General: During the excavation operations, material suitable for backfilling
shall be piled in an orderly manner a sufficient distance from the banks of the trench to
avoid overloading and to prevent slides or cave -ins. All excavated material not suitable
and /or required for backfill shall be removed and disposed of in an approved manner. Such
grading shall be done as may be necessary to prevent water from flowing into trenches or other
excavations, and any water accumulating therein shall be removed by approved methods. All
excavation shall be made by open cut unless otherwise specified.
(B). Trench Excavation: The trench shall not be opened for a distance exceeding 300
feet at any time, when located along streets or highways. The width of the trench at any poin
below the top of the pipe shall not exceed the structural design assumption width. The width
of the trench above the top of the pipe may be as wide as necessary for sheeting and bracing
and the proper performance of the work. All trenchwalls shall be kept as nearly vertical as
possible. Excavation at manholes and similar structures shall be sufficient to leave at least
12 inches clear between their outer surface and the embankment or sheeting. Minimum clearance
between side of trench and pipe shall be 8 inches.
(C).. Rock Excavation: In rock, the minimum width of trench shall be the outside
diameter of the pipe plus 12 inches and there shall be a minimum of 6 inches sidewall clearanc
between the pipe and rock at all points. The maximum width of the trench at any point below
the top of the pipe shall not exceed the structural design assumption width. The rock shall
be excavated to a minimum overdepth of 6 inches, or as required for class of bedding, whicheve
is greater, below the outside bottom of the pipe. Before laying pipe in rock trenches, the
im
aioZ>
trench shall be refilled with suitable material of an approved quality, thoroughly consolidatec
up to the proper elevation to provide a foundation as required hereinafter for laying the pipe.
2. Pipe Foundation:
(A). Foundation in Good Soil: The bottom of the trench shall be accurately graded
and rounded so that at least one -half of the outside width of the pipe shall rest firmly on
undisturbed soil along its entire length, except at bell holes. This part of the excavation
shall be done manually only a few feet in advance of the pipe laying operations by men skilled
in this type of work. Bell holes and depressions for joints shall be dug after the trench
bottom has been graded and shall be the minimum size required for properly making the particu-
lar type of joint used.
(B). Foundation in Poor Soil: Whenever the soil at the bottom of the trench is
soft, unstable, or saturated with water, a granular fill under the pipe to a depth required to
stablize the soil shall be provided. Minimum size of gravel shall be one (1) inch. Concrete
cradle shall be provided when necessary to bridge highly unstable soils.
3. Backfill:
(A). All material used for backfilling of trenches shall be free of excessive
amounts of deleterious materials such as all organic matter, frozen clods and sticky masses of
clay and gumbo which are difficult to properly compact. Any rock materials used for backfill
shall be no longer than 4 inches in greatest dimension, and shall not be placed within 12 inche
of the installed pipe in any direction, including under; around and on top of the pipe. The
pipe shall be embedded in a good quality earth, or granular material such as crushed rock or
pea gravel.
(B). Backfill shall be placed in 6 inch layers from the bottom of the trench to a
point at least 12 inches above the top of the pipe and thoroughly tamped by hand or pneumatic
tampers. Above this point, backfill shall be deposited in layers -of a thickness of which cones
struction equipment is capable and which'will permit compaction to a density as specified here-
inafter.
(C). The layers of material shall be compacted to a density of at least'95 percent
of the maximum density at optimum moisture content as determined by the AASHO Standard Test
( AASHO Designation T99) under all pavements and for future pavements. Pavement shall not be
restored over trenches until the backfill material has been tested and determined as satisfac-
tory according to the tests.
4. Safety of Public':
(A). Maintenance of Traffic: Construction operations shall be scheduled so as to
interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever
it is necessary to cross or interfere with roads, driveways and walks, whether public or pri-
vate, suitable and safe bridges, detours or other temporary expedients for the accomodation of
public and private travel shall be provided and maintained. Reasonable notice shall be given
to owners of private drives before interfering with them:
(B). Barricades and Lights:
(1). All streets, roads, highways and other public thoroughfares which are
closed to traffic, under the authority of a proper permit, shall be protected by means of
effective barricades on which shall be placed acceptable warning signs; such barricades being
located at the nearest intersecting public highway or street on each side of the blocked sec-
tion of such public thoroughfare.
(2). All open trenches and other excavations shall be provided with suitable
barriers, signs, and lights to the extent that adequate protection is provided to the public
against accident by reason of such open construction. Obstructions, such as material piles
and equipment shall be provided with'similar warning signs and lights.
(3). All barricades and obstructions shall be illuminated by means of acceptable
warning lights at night, and all lights used for this purpose shall be kept burning from sunset
to sunrise. Materials stored upon or alongside public streets, roads and highways shall be so
placed, and the work at all times shall be so conducted, as to cause the minimum obstruction
and inconvenience to the travelling public.
5. Sheeting and Bracing: All trenches and excavations shall be properly sheeted
and braced for the safety of personnel and /or protection of the work; and /or to maintain the
maximum trench widths permitted; and /or to prevent the disturbance or settlement adjacent
foundations or structures.
6. Construction on State Highways and Streets: The Virginia Department of Highway:
requires a permit for work to be performed on State Highways. Provisions for obtaining such
permits are 'set forth in the "Manual on Permits, Virginia Department of Highways, Richmond,
Virginia ", of latest revision. No work will be approved by the County that has not been ac-
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or approved as satisfactory by the Department of Highways.
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7. Restoration:
(A). The County will not approve any construction wherein public or private property
has not been restored to a condition at least equal to its condition before commencement of
construction.
(B). All streets, roads and highways shall be restored as required by the Virginia
Department of Highways.
(C). Work performed on private property shall be confined to the easements obtained
and the area shall -be seeded or sodded, landscaping restored, fences and all damaged improve-
ments replaced or restored.
8. Acceptable Tests:
(A). The County shall be permitted access to the construction work at any time for
inspection of work and construction =- methods.
(B). Sewers will be checked by the County to determine whether any displacement of
pipe has occurred. The test will be as follows: A light will be flashed between manholes by
means of a flashlight or reflection of sunlight with a mirror, or by other methods adopted by
the County. If illuminated interior of the pipe shows poor alignment, displaced pipe or any
other defects, the defects shall be remedied.
(C). All completed sewers shall be tested for leakage by (1) exfiltration (i.e. out -
ward leakage, trench dry) or (2) infiltration (i.e. inward leakage, trench wet). Leakage
shall not exceed 100 gallons per inch of diameter of sewer per mile per day up to 24 inch
diameter. Leakage may be allowed up to .200 gallons per inch of diameter per mile per day for
short sections of sewer lines (between two adjacent manholes) up to and including 12 inch dia-
meter. However, the average leakage on the system being tested for acceptance shall not exceec
the 100 inch gallon standard. For sewers larger than 24 inch diameter, leakage shall not
exceed 3000 gallons per mile per day. -
9. Blasting: Blasting, where required, shall be done with care in accordance with all
applicable Federal, State, and local laws, ordinances, and regulations, and shall not be done
within a distance of twenty -five (25) feet from a previously laid pipe line or a previously
installed structure if, in the opinion of the County, the safety or soundness of existing
facilities is in any manner endangered.
10. Protection of Existing Facilities: All construction operations in vicinity of
existing facilities shall be performed with care to prevent damage to these facilities. If
damage occurs, repairs shall be made in a manner approved by the County and any damaged
facility shall be repaired with new materials and restored to its original condition.
ARTICLE III - WATER SUPPLY SYSTEMS
Section 3 -.1. -
Sections 15.1 -341 through 15.1 -348 of the Code of Virginia 1950 (Michie), as amended,
provide, among other things, (1) that any person, firm, corporation, or association proposing
to establish a water system to serve or to be capable of serving three or more connections, or
proposing to extend a previously approved system, shall notify in writing the governing body
of the county in which the water system is to be located and shall appear at a regular meeting
thereof; and (2) that the governing body is empowered to consider the.proposal.
Section 3 - 2.
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Any water distribution system requiring approval of the Board of Supervisors shall be
constructed in accordance with the following requirements.
(A). All main distribution pipe lines shall be of a size to adequately serve all the
needs of the proposed subdivision or water system but in any event shall be not less than six
(6) inches in diameter except as may otherwise be permitted herein.
(B). Materials connecting distribution lines not in excess of eight hundred (800) ft.
in length may be of such lesser size as may be approved by the County Engineer provided ade-
quate f r ire protection is maintained, but in no event shall be less than four (4) inches in
diameter. Such lesser sizes shall be permitted only where layout is such that adequate flows
can be maintained under all conditions.
(C). On Cul de Sacs or dead end streets pipe line right of way easements may be re-
quired for such Cul.de Sac or property if deemed necessary by the County Engineer. Such right
of way shall be not less than twenty (20) feet in width and shall have the right of ingress an
egress fully provided by in the deed of transfer.
Section 3 - 3.
That Fire Hydrants shall be- installed in such manner as to afford underwriter approved
fire protection to all parts of the subdivision and in any event no hydrant shall be more than
eight hundred (800) feet from any other hydrant measured along a street or other passable pub-
lic right of way.
Section 3 - 4.
That provisions shall be made from blow off at the ends of any approved dead end lines
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either by means of a regular blow off valve or fire hydrant as determined by the County Enginee
Section 3 - 5.
That provisions shall be made for future extensions at all proposed street connectio
to adjacent property.
Section 3 - 6.
That approved automatic air relief valves shall be installed at such highpoints in
distribution and transmission lines as directed by the County Engineer. Such valves shall be
installed in an approved manhole or box so as to permit ample access for servicing.
Section 3 - 7.
That in the event the County Sanitation Authority or any Sanitary District in the
County has plans for extending or constructing a water main across property proposed to be sub-
divided the Board of Supervisors may require the subdivider to install a water main of a larger
size than required to serve the subdivision as near the proposed water main route as is feasibl
In the event such larger main is required to be constructed the County Sanitation
Authority or Sanitary District will reimburse the subdivider for the difference in cost of the
pipe and fittings over and above the cost of pipe and fittings that would normally be required
to serve the subdivision adequately, as determined by the Engineer.
Section 3 - 8.
That all transmission and distribution mains shall be constructed with a properly
prepared pipe bed, free of rock and shall have a minimum of 36 inches of cover measured from th
top of the pipe to the finished grade of the street at the pipe line location. Where cover on
pipe is of such a depth as to exceed the safe loading capacity of the pipe used, extra thicknes
DiDe shall be used.
Section 3 - 9.
That approved gate valves shall be installed at all pipe junctions and intersectio
n such a manner as to control and cut off flows in all segments of the system. In areas oth
han pipe intersections gate valves will be required every thousand feet except as may other -
ise be approved by the County Engineer to fit block layouts.
Section 3 - 10.
That all pipe and fitting shall be either ductile iron, cast iron or asbestos ceme
s designed by an individual or firm authorized to do so by the Code of Virginia, 1950, as
mended.
Section 3 - 11.
That valves shall be Mueller #A 2380 - -20, or equal with 0 -ring seal, left turn open
pith 2 inch square operating nut.
Section 3 - 12.
That valve boxes shall be Mueller #H 10364 sliding type or equal.
Section 3 - 13.
That Hydrants shall be Mueller #24005 with 6 inch shoe hose or equal.
Section 3 - 14.
Water system plans shall be submitted to the County Engineer for approval as to lay-
out and design.
Section 3 - 15.
That all water lines installed under the provisions of this resolution shall be
tested for leaks under normal working pressures in accordance with methods approved by the
County Engineer.
Section 3 - 16.
That all such water lines shall be completely and thoroughly sterilized in accor-
dance, with standard AWWA sterilization recommendations or as approved by the County Engineer.
Section 3 - 17.
That the County and its agents shall be blameless from liability resulting from any
reason whatsoever in connection with the installation of such water lines or systems.
Section 3 - 18.
Laterals to be installed for all lots with proper curb or corporation stop, as apprc
ed by the County Engineer, located at the end of each lateral.
ARTICLE IV - APPLICAT
Section 4 - 1.
1. Application: Application for such installation shall be made in writing and sub -
tted in duplicate in accordance with the following instruction:
(A). The application shall state the location and size of the area to be served;
all state in detail the number, nature and location of connections to be served (including
elling units, schools and other public buildings, and commercial and industrial establish-
, together with probable number of employees of each such establishment); and shall be
panied by two copies of a preliminary plat drawn to scale and showing the following infor-
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mation:
(1). The upper half of the drawing shall show the sewer and /or water main location
in plan and the lower half shall show the profile of same and of the ground surface.
(2). All manholes, fittings, etc. shall be located in plan and on the profile.
(3). Inladdition to the sewers and /or water mains the plan shall show the location of
existing structures, houses, etc., enroute, plus location of proposed or existing underground
utilities, curbs, property lines, railroad crossing, culverts, bridges, etc., crossing the sew
line.
(4). The horizontal scale for profiles shall be the same as that used for the plan,
which shall in no case be smaller than 50 feet to the inch. The vertical scale shall in no
case be smaller than 5 feet to the inch.
(5). Sewer & water main sizes, manhole numbers and stationing shall be shown on the
plan and repeated on the profile.
(6). Sewer grade, invert elevations at manhole, elevation of top of manhole casting,
type of pipe, location of cradle, etc., maximum level or flood stage at manholes, and existing
and proposed street grades shall be shown on the profile.
(7). A vicinity map at a scale not smaller than 2,000 feet to the inch shall be used
as a cover sheet for all plan where the proposed installation is on more than one street.
(B). The application shall include such other pertinent information as the County
may require, and shall indicate in full detail the manner in which the applicant proposes to
meet the standards set forth herein. Said plat shall be prepared and certified by an engineer
duly authorized by the State of Virginia to perform such work., Said application shall be ac-
companied by a certificate from the Frederick County Zoning Administrator that the area to be
served by the proposed installation has been officially zoned for the particular type or types
of land use described in the application and shown on the accompanying plat.
Section 4 - 2.
Review of Application: In making its review of the application and accompanying pre-
liminary plat, the County reserves the right to require such changes, including changes in
pipe sizes, as it may consider necessary in order (A) to meet the requirements of these stan-
dards and (B) to permit future extensions where circumstances so indicate.
Section 4 - 3.
Issuranceoo"fPPermt: Upon delivery to the County by the applicant of the application,
as hereinbefore provided, The County may issue the official permit for the installation of the
project. The Applicant is hereby placed on notice that any installation work may do on the
project prior to the issuance of said permit is done entirely at his own risk.
Section 4 - 4.
Notice of Construction: The holder of a permit hereunder shall notify the local healt
department of the County of the actual installation of any sewer or other facilities covered b
said permit at least 48 hours prior to the covering up of such sewer or facility in order to
permit inspection and testing thereof.
Section 4 - 5.
Installation Subject to Subdivision Ordinance: Nothing in `thesesstandadsnhortthe
assurance of a permit under this resolution shall permit the installation or extension of any
sewerage system in violation of the provision of the Frederick County Subdivision Ordinance or
without first obtaining from the Frederick County Planning Commission the approval required by
Section 15.1 -456 of the Virginia Code.
Section 4 - 6.
Prohibition of Use Prior to Approval: None of the facilities constituting any part
of such sewerage system shall be used, in whole or in part, unless and until the County Health
Department has given its unconditional written approval of all facilities comprising such sys-
tem.
Section 5 - 1.
ARTICLE V - GENERAL
Penalty: Any person, firm or corporation violating any provision of this ordinance
shall be guilty of a misdemeanor and..may be punished by a fine of not less than twenty -five
dollars nor more than five hundred dollars or by imprisonment in jail for not less than thirty
days nor more than six months, or both; and in addition may be enjoined from further violation
of this article.
Section 5 - 2.
In event that any section, clause or requirement of this ordinance be proven invalid,
such invalidation shall not affect the remainder of this ordinance.
Section 5 - 3.
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This ordinance shall be in full force and effective upon passage.
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REZONING - PROPERTY OF LINWOOD S. & BETTY J. DUNN - APPROVED
Upon motion ofhRfchard=F. MadYginiaridssecoridedrbyLDeriri rs T.• Cole,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve for
rezoning Lots 902 thru 912 inclusive, owned by Linwood S. and Betty J. Dunn, located at Fox
Drive, Route 753, between Margaret Street and Winchester City Limits from R -1 to R -2.
The above resolution was passed unanimously.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE,BOARD OF SUPERVISORS DO NOW
ADJOURN.
P"7 4 q
Secr tary, Board of Supervisors
At the Regulir•Meeting of the Board of Supervisors of the County of Frederick, Virginia,
held on the 24th day of May, 1972, at 7:30 P.M. in the County Court House.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T. Cole;
Donald R. Hodgson; and Richard F. Madigan.
The meeting was called to order by Chairman Sandy,.who welcomed public to the meeting
and expressed his desire that the public leave with a better understanding of the general and
financial operation of County.
Chairman Sandy gave a_brief resume concerning the growth and changes taking place in the
County and their effect on the Budget for FY 1972 -73. He discussed the Departments of Cen-
tralized Accounting, Data Processing and Building Inspection and their importance to the
County. Mr. Sandy expressed the County's desire to prepare now for any future annexation by
providing services to the people of Frederick County. He further stated that this was a tight
budget and described the guidelines used in preparing it.
Chairman Sandy presented the format of the Meeting, stating that Supervisor Russell would
present the projected revenues of the Budget and Supervisor Madigan would present the pro-
jected expenditures. He then asked that anyone desiring to speak be recognized, identify
themselves and then address their questions to him or any member of the Board.
Supervisor Russell, with the aid of a chart, explained the revenues set forth in the
Budget for FY 1972 -73 and gave a brief resume of each. The surplus in the Budget for FY 1971-
72 was discussed and Mr. Sandy explained the need of the surplus as a buffer when the annexa-
tion payments run out in three years.
Supervisor Madigan gave a break down of the expenditures set forth in the Budget stating
that the Board had worked many, many hours to prepare this Budget, and that the desire of the
Board in presenting this Budget was to insure the progress of Frederick County and to provide
the needed services to its people. Mr. Madigan read a portion of the Court's ruling on the
annexation and stated that it was essential that the County prepare now to prevent any future
annexation.
Chairman Sandy then asked for questions from the floor.
Mr. McKernan questioned the raise in the salary of the Executive Secretary stating that
it was more than a 5.5% increase, and how could this be justified.
Mr. Sandy stated that the Board had considered the type of employment held by the Execu-
tive Secretary and the added responsibilities of the . He stated that the Board was trying
to bring this executive position in line with other executive jobs. He asked Mr. McKernan if
he felt that the position of the Executive Secretary was as important as that of Director of
Transportation for the School Board.
Mr. McKernan asked how the increase could be managed.
Mr. Sandy stated that in certain vocations you are limited to the 5.5% increase. He
asked if the job of the Clerk of the Court was as important as that of Executive Secretary.
He asked if Mr. McKernan knew the salary of the Clerk of the Court stating that his salary
was over $6,500.00 more than the Executive Secretary's last year and this year the salary
asked would mean a salary of $9,000.00 more than that of the Executive Secretary.
Mr. McKernan then questioned the $1,000.00 traveling expense allotted to the Executive
Secretary and Mr. Sandy explained that this was not for personal use but was used solely for
business purposes.
Mr. Charles.Boyd raised the question as to sewage being dumped into Red Bud Run and the
concern of the people in this area about this problem.
Mr. Sandy stated that there would be public hearings on this matter and the steps to be
taken in the area would be fully explained.
Mr. Jim Wilson asked about the allocations for solid waste control in the Budget.
Mr. Sandy stated that the plans for this phase of the budget were listed under Public
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Works and stated that the County would be operating the Landfill this coming year.
Mr. Wilson then asked about the point to point pick up system and the trucks and
containers to be used. He questioned the cost of this system.
Mr. Sandy explained the County's plan to put thirty containers throughout the County
to alleviate the roadside dumps and that the truck would be used in this area.
Mr. Wilson questioned the cost stated in the budget for this operation.
Mr. Sandy stated that this was basically the initial outlay for the operation in one
year.
Mr. Alderman stated that the price was basically the same one that Mr. Wilson had
offered on bid for the point to point system-in the County. He stated that since the Board had
not indicated their desire as to which way to go in this area, a projected outlay was suggested
He gave a breakdown of the costs involved in this project and said the plans are in the hands
of the Supervisors.
Mr. Ellis stated that he had a copy of the Budget but found it impossible to get any-
thing out of it. He stated he had been blaming Mr. Alderman but since hearing Mr. Madigan, he
wanted to apologize to Mr. Alderman. He asked who would the solid waste system benefit.
Mr. Sandy stated that the concept of sanitation districts had been discussed before
in the highly populated areas, and if the people wanted them they would have'to petition for
them and the service would be provided. This would be paid for by a surcharge on the tax bills
of the people receiving the service.
Mr. Ellis asked if the taxpayers would have to advance the money until the revenue'
started to come in. He stated that he thought it was unfair to tax the people just to have a
large surplus for reckless spending.
Mr. Sandy stated that we needed the surplus rather than impose a $5.00 or $10.00 tax
on the people in five years.
Mr. Ellis stated that we needed water and sewer in order to attract industry, but tha
many other things, such as recreation, could wait until a later time.
Mr. Sandy stated that the County needed recreation and that 1% of the Budget was set
forth for recreation amounting to $65,000.00. He said he felt this was much cheaper than builc
ing a $250,000.00 addition to house delinquents.
The question was raised from the floor as to how many parks the County intends to
build.
Mr. Sandy said that the plan was for five parks but that this would not come about
over night. He explained that the people of Frederick County would have to help in the crea-
tion of these parks by such means as building shelters and donating land. He stated that he
had already spoken to several organizations about building shelters and that he had been offer-
ed two 60 acre tracts of land free of charge. He stated that he had also been contacted by a
citizen who desired to light a ball field. He also stated that Mr. Clinton Ritter had given a
brand new tractor to Frederick County in that=.the ball fields in the County could be
maintained. Mr. Sandy said this was an indication of how the people in Frederick County felt
about recreation and that perhaps one park could be seen in this budget.
Mr. John Scipioni stated that as a member of the Recreation Commission he felt the
public should know that it was the plan of the County to have all the parks built in five years.
He stated that there would be a tax increase to support these parks and that the cost of main-
taining swimming pools would be quite large. Mr. Scipioni stated'that the County did not even
have a park and was spending $65,000.00 this year.
Mr. David Headley stated that Mr. Scipioni did not speak for the Recreation Commission.
Mr. Fraula said that he had heard the term "reckless spending" used and stated that
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he did not of any time when the Board could be accused of "reckless spending ".
Mr. Ellis stated that he consideredcthe Board's actions as reckless spending because
he felt the County did not need all the things set forth in the Budget and that this Board had
spent more in the past four months than the last Board did in two years.
Mr. Fraula stated that when Supervisor Madigan read a small portion of what constitu-
ted the ruling in the annexation suit, it pointed out that because the last Board had kept the
Budget down it had also kept the County down and the people could see what happened. He stated
that a good example of this was Loudoun County. 1�
Mr. Jim Judy said he wished to commend the Supervisors for the fine job they had done
and that he felt it was a wonderful budget. He stated his support of the Parks and Recreation
Program and the need for the people in theCcountytto also support the Program. He said he felt
the recreation program would play a big part in keeping the young people in the County out of
trouble, and that he felt the amount set forth in the Budget was a small amount to spend for
so much good that could come from it.
. Mrs. Gladys Kanup stated her objections to the taxes in'the County. She said she
was on a limited income and objected to the real estate taxes she had to pay. She stated that
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property owners paid the taxes while people who rent did not have to pay and that she was in
favor of a head tax being - placed on each child in school. She said that,Supervisor Cole was
interested in the poor people in the County but no -one else seemed to be in agreement with him
but seemed to be against him.
Mr. Sandy stated that he did not agree with that as Mr. Cole had some very good things in
the budget. He said that he had discussed the increase in fire company benefits and a grant
of $2200.00 the Northwestern Workshop with Mr. Cole.__ Chairman Sandy advised that the Board
was interested in spreading the tax burden and was at this very time investigating the people
living in trailer parks with reference to the county tag tax.
Dr. Wright stated that down through the centuries the ` public schools have been financed
through real estate taxes and the people are beginning to see that this is not exactly fair.
He said there was a great deal of debate concerning this and that he did not feel the head
tax would be.the solution. Dr. Wright described a situation in California where the Courts
ruled that property taxes were not fair taxes and stated that he felt the Federal Government
would become much more involved in education.
Mrs. Ellis stated that there were counties in Virginia that had alleviated the tax burden
for low income families and asked what Frederick County was doing about it.
Mr. Sandy stated that there was legislation in the General Assembly for people on low in-
comes. ,
Mrs. Himelright asked if there was anything Frederick County could do by law to keep
annexation from happening again in three years. She stated that the Board worked hard and the
taxpayers helped too and then the city just came in and took it.
Mr. Sandy advised the people to get in touch with their representatives and express their
views.
Mr. Russell stated that he thought the five year moritorium in the General Assembly was
because they see the laws of annexation are not right now and are hoping to change them in the
future. He stated that the Board would be working with them in this endeavor.
Mr. Frey stated that he wanted to.clarify the point that the tenant does not have to pay
taxes. He -said that the tenant paid the taxes, insurance, mortgage and the mortgage insurance
all within their rent payments and a profit is still realized.
Mr. Sandy stated that he knew this was true.
The annexation in Chester County was discussed and Mr. Sandy said he felt the best hope
was to get,the laws changed.
on
Mrs. Ellis.stated that the bill giving relief to people /limited incomes had already been
through the General Assembly and asked why Frederick County was so slow in enacting it.
Mr. Sandy said that last year was too early but the Board was considering it.for the
coming year. I have asked that it be considered for six months but thus far we have not been
able to get to it.
Mrs. Ellis stated that she had been told to see the Board of Supervisors concerning the
relief set forth in this bill.
Mr:.Sandy asked her if she had done so.
Mrs. Ellis said she had not_and that the Board had just said there was nothing they could
do.
Mr. Sandy said the Board needed to know how many people were in need of this.relief.
Mr. Snapp said he wished to thank the Board for their fine work and stated that he felt
the public had confidence in them when they elected them and had confidence in them still. He
stated that he did not agree with all the budget as the figures were to big to understand, but
he felt the Board had put a lot of time into the preparation of the Budget and.he felt the
people of Frederick County should back them.
Mr. Ellis stated that there were some people who doubted the Board as they had done
things to destroy the faith of some of the people. He stated that he had heard on the radio
the reduction of taxes and that in fact it was going to cost the people more money.
Mr. Sandy stated when he found out that the taxes on a Volkswagen and a Cadillac
were the same he was shocked and asked that it be investigated. He expressed his desire to
have the surplus as a buffer five years from now. Mr. Sandy stated that the doubting people
Mr. Ellis referred to were the same ones who objected all.the time and that theyconstituted
1% of the total population of the County.
Mr. Pickeral stated that although he was supposed to be a perpetual critic of the Board,
he must defend them 100% in straightening out the automobile tax situation. He said that he
was sure the Board did not know what was going on and he did not understand why some of the
Volkswagen owners had not objected. He stated that he felt the County must have water and
sewer but that was no reason to forget recreation or other things we needed to make this a
package community. He said-he did not hesitate to cut the Board but as long as the Board
could give the County efficient government he would support them. He said that the people
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should be thankful to have a Board who was willing to face up to reality and that he was not
as pessimistic about what would happen after the next five years because if the Board would
diligently pursue this Budget there was no reason why the County could not re- establish the
tax base.
Mr. Kump stated that he had complained about the tax on automobiles in 1963 and dis-
covered that the cost of taking it to court would be quite large and chances of winning the
case quite small.
Mr. Andrews stated that he was concerned about our fast growing County because the
faster we grow, the more food producing land was being taken for industry. He said that this
could develop into a serious problem in future years.
Mr. Sandy stated that the Board had had many long discussions on this subject and
was concerned with finding a solution to this problem.
Mr. Baughman said he also felt that the Budget was basically a good budget. He
stated that he wanted to speak on behalf of the Executive Secretary's Office. He stated that
this office had taken a lot of abuse and that it should be pointed out that the Executive
Secretary works for the Board of Supervisors; is hired by the Board; and can be fired by the
Board. He stated that he knew Mr.Alderman and that he was a good man; that there was no rea-
son for him to be working here for a salary less than he could make elsewhere.
Mr. Headley explained the functions of the Department of Parks and Recreation and
the plans they hope to accomplish. He stated that five parks were planned in the County but
it would be perhaps 10 years before they are complete. He said that Mr. Fletcher had worked
up some fabulous programs for the County this summer and that he was proud to be working with
him. He asked that the people give him a chance, and see what he could accomplish. Mr.Headle
stated that no one seemed to mention, concerning the Budget of $8,000,000.00, that inflation
was nationally 6% and at this rate we would have to come up with a half million dollars just
to stay where we are.
Mr. Judy stated that he had been working with the Frederick County Baseball Associa-
tion since its beginning and that there were many concerned citizens who had worked many years
for recreation for the County with no help from the County. He thanked the Board for their
support and said that he thought Mr. Fletcher was doing a tremendous job.
Supervisor Cole expressed his concern in the increase of the County Building Fund.
He stated that he thought it was wrong to put a utility tax on the people to raise a surplus
to put in the bank as a buffer.
Mr. Sandy said it would be a lot more harsh to assess a $5.00 or $10.00 tax on the
people three years from now.
Mr. Cole stated that the County was growing at a rapid pace and the growth would
take care of itself. He said we should tax when we need it and not just to put it in the bank
Mr. Madigan stated that in answer to Mr. ColeSS statement and using part of Mr.
Headley's previous statement, with the growth or inflation rate at 6% and our Budget being
increased by almost $450,000.00, we had a..$17,000,000.00 deficit in our budget due to annexa-
tion; we have picked up $4,000,000.00, leaving a balance of $13,000,000.00 to be picked up
when the annexation - payments from the city of Winchester stop. That leaves us $442,000.00
a year short of our needed goal to recover our tax base.
Mr. Sandy stated there were two ways to solve this problem; save ahead or coast
along and pay later and that he was in favor of saving ahead.
Mr. Russell said that ever since he had been on the Board, this surplus had been
building and it was his understanding that this surplus had been a building fund for the
County Court House. He stated that the present Court Room was used for Juvenile and Domestic
Relations Court and the Circuit Court was held in the city for which the County must pay. He
stated the possibility of having to build a Court House and suggested that this surplus be
earmarked for this purpose.
Mr. Cole stated that he had been for water and sewer for four months and that he
was for prdgress but was not in favor of taxation without representation.
The question was raised from the floor as to how the money was invested at the prese
time.
Mrs. Keckley, Treasurer of Frederick County, stated that it was invested in Certifi-
cates of Deposit; that most of these certificates were paying 5 3/4 % interest and that $400,
000.00 worth were paying 6 %. She stated that $300,000.00 would have to be withdrawn for the
School Board.
Mr. Brumbach stated that the annexation suit was over and done with and he felt that
the people of the County must cooperate with the people of the City if Frederick County is
going to have a water and sewer system.
Mr. Sandy stated that there was a plan for such a joint study scheduled in August.
Chairman Sandy stated that the Chair would entertain a motion on the Tax Rate.
215
TAX RATE SET
Upon motion by Richard F. Madigan and seconded by Dennis T. Cole, the following resolutio
was made:
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
adopt the following tax rate for Fiscal Year 1972 -1973:
BUDGET APPROVED
Upon motion by Richard F. Madigan and seconded by J. Robert Russell the following resolu-
F1
tion was made:
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
adopt the following budget for Fiscal Year 1972 -1973:
Budget Summary•.By Fund
General Revenue Fund:
Revenue From Local Sources
Revenue From the Commonwealth
Revenue From the Federal Government
Non - Revenue
Transferred By Appropriation -
General Operating Fund
School Fund
School Building and Construction
Fund
Parks and Recreation Fund
Public Assistance Fund
Estimated Balance
Total
Appropriation Revenue
$ $ 2,718,582.39
3,054,905.40
221,742.00
1,235,474.10
4,582,205.68
440,978.00
65,039.00
536,324.00 '
1
$ 8,338,449.77
Real Estate
- $3.40
per hundred evaluation
'
Personal Property
- $3.40
per hundred evaluation
By recorded vote with Raymond C. Sandy;
J. Robert
Russell; Dennis T. Cole; Donald R.
Hodgson; and Richard F. Madigan voting "for"
the above
resolution was unanimously.adopted.
BUDGET APPROVED
Upon motion by Richard F. Madigan and seconded by J. Robert Russell the following resolu-
F1
tion was made:
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
adopt the following budget for Fiscal Year 1972 -1973:
Budget Summary•.By Fund
General Revenue Fund:
Revenue From Local Sources
Revenue From the Commonwealth
Revenue From the Federal Government
Non - Revenue
Transferred By Appropriation -
General Operating Fund
School Fund
School Building and Construction
Fund
Parks and Recreation Fund
Public Assistance Fund
Estimated Balance
Total
Appropriation Revenue
$ $ 2,718,582.39
3,054,905.40
221,742.00
1,235,474.10
4,582,205.68
440,978.00
65,039.00
536,324.00 '
1
$ 8,338,449.77
$ 8,338,449.77
Appropriation
$ 1,235,474.10
General Operating Fund:
Expenditure
Appropriation from General Revenue
Fund
County Administration
Board of Supervisors 11,435.00
Executive Secretary 23,790.00
Central Accounting 18,060.00
Data Processing 21,200.00
Planning & Development 8,912.00
Commissioner of Revenue 27
Treasurer 19,908.10
County Clerk 14,500.00
Administration of Justice
Circuit Court 12
County Court 1
Commonwealth Attorney 20,524.00
Juvenile and Domestic Relations
Court 600.00
County Law Library 3,100.00
Crime Prevention and Detection
Sheriff's Department 56,519.00
v_Jail 40,432.00
Fire Prevention 9,570.00
Public Welfare 10,300.00
Public Works 567,812.00
Public Health 33,272.00
Advancement of Agriculture 10,528.00
Protection of Livestock and Fowl 14,948.00
Elections 21,710.00
$ 8,338,449.77
Appropriation
$ 1,235,474.10
216
General operating Fund:
Expenditure Appropriation
$ S
Buildings and Grounds 26,530.00
Road Administration 50.00
Education 7,000.00
Miscellaneous 60,292.00
Capital Outlay 192,681.00
Fund Total: $ 1,235,474.10 $ 1,235,474.10
School Fund:
Appropriation From General Revenue
Fund
Local Appropriation 1,972
State Appropriation 1
Federal Revenue 186
State Sales Tax 555,996.00
Others 33,112.00
Administration
112,406.00
Instruction
3,158,205.92
Other Instruction
277
Attendance - Health
30,986.00
Pupil Transportation Service
267,837.00
School Food Service
70
Operation School Plant
326
Maintenance School Plant
99,284.00
Fixed Charges
125,856.00
Summer School -
17,453.00
Adult Education
3,645.00
Capital Outlay
82,408.76
Total
$ 4,582,205.68 $ 4,582,205.68
School Building and Construction Fund:
Appropriation From General Revenue Fund
Local Appropriation $ $ 342
Winchester - 27% Debt Service 98,220.00
Building Fund 76
Debt Service 364,478.00
Total $ 440,978.00 $ 440
Parks and Recreation Fund:
Appropriation From General Revenue
Fund
Local Appropriation $ $ 65,039.00
Administration 25,605.00
Community Centers 4,049.00
Parks and Playgrounds 13,200.00
Maintenance 9,320.00
Capital Outlay 12,865.00
Total $ 65,039.00 $ 65,039.00
Public Assistance Fund:
Appropriation From General Revenue
Fund
State Appropriation
Local Appropriation
Administration $ 111
Assistance
Aid to the Blind 12,040.00
Old Age Assistance 161,316.00
Aid to Dependent'Children 134,400.00
Aid to Permanently and
Totally Disabled 59,280.00
$ 487,747.00
48,000.00
r
217
Sec etary, Board of Supervisors Chair Board of Supery sors
At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia,held in the
Supervisors' Room on the 14th day of June „ 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T. Cole, and Donald
R. Hodgson.
The meeting was called to order by Chairman Sandy.
' The minutes of the Regular Meeting, held on the 10th day of May, 1972, and the Regular Night
Meeting held on the 24th day of May, 1972, were read.
George Whitacre questioned the wording concerning his salary on Page 2 of the minutes of the meeting
held on May 24, 1972. Mr. Sandy explained that the amount Mr. Whitacre asked for would have been $9,000.00
more than the salary of the Executive Secretary for 1971 -72.
Upon Motion of J. Robert Russell and seconded by Donald R. Hodgson, the above mentioned minutes
were approved.
ACCOUNTS PAYABLE - APPROVED
Jim Boyd, Director of Accounting, presented the accounts payable and stated a change on Page 2.
The C. & P. Telephone Company of Virginia account should be $179.32 instead of $119.20. Mr. Boyd directed
the attention of the Board to the supplemental list of accounts fromtthe Commissioner of Revenue totaling
$11,041.00 and the state and local hospitalization due to be paid in the amount of $6,911.60. Therefore
accounts totaling $65,135.42 were read and approved and ordered to be paid from the General County Fund by
Warrants #00579 through $00702 inclusive. Accounts totaling $3,531.41 were read and approved and ordered to
be paid from the Dog Fund by Warrants #648 through # 660 inclusive.
The accounts payable were approved upon motion made 'by Dennis T. Cole and seconded by J. Robert
Russell.
MAY - PAYROLL APPROVED
Payrolls totaling $11,302.86 paid from the General County Fund by Warrants #00533 through #00575
inclusive; payroll totaling $504.16 paid from the Dog Fund by warrants #643 through #647 inclusive; and payroll
totaling $542.93 to Samuel Thomas, Sr. by Warrants #00529, #00530, #00576, and #00577 were read and approved
upon motion by Dennis T. Cole and seconded by Donald R. Hodgson.
STEPHENSON PETITION PRESENTED TO BOARD
Mrs. Mary Jobe presented a petition to the Board on behalf of the residents of Stephenson, for a
new water supply. Mr. Alderman read the petition and recommended that it be tabled for further study. Mr. San
asked Mrs. Jobe how many names were on the petition and howsmany of them were homeowners. Mrs. Jobe said there
were approximately 65 names on the petition and almost all were homeowners. Upon motion made by J. Robert
Russell and seconded by Donald R. Hodgson, the above petition was tabled for further study_
Public Assistance Fund:
Expenditure
Appropriation
General Relief
$
X7,500.00
Foster Care
40,900.00
Other
8
Services
8,640.00
'
Total
$
536,324.00
$
536,324.00
,
BE IT FURTHER RESOLVED, That a line
item Budget is on file
in the
Office of the
Executive Secretary.
By recorded vote with Raymond C. Sandy,
J.
Robert Russell,
Dennis
T. Cole, Donald R.
Hodgson and Richard F. Madigan voting '!for the
above
resolution was
unanimously
adopted.
UPON MOTION DULY MADE AND SECONDED,
IT IS
ORDERED THAT THE
BOARD
OF SUPERVISORS DO
NOW ADJOURN.
Sec etary, Board of Supervisors Chair Board of Supery sors
At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia,held in the
Supervisors' Room on the 14th day of June „ 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T. Cole, and Donald
R. Hodgson.
The meeting was called to order by Chairman Sandy.
' The minutes of the Regular Meeting, held on the 10th day of May, 1972, and the Regular Night
Meeting held on the 24th day of May, 1972, were read.
George Whitacre questioned the wording concerning his salary on Page 2 of the minutes of the meeting
held on May 24, 1972. Mr. Sandy explained that the amount Mr. Whitacre asked for would have been $9,000.00
more than the salary of the Executive Secretary for 1971 -72.
Upon Motion of J. Robert Russell and seconded by Donald R. Hodgson, the above mentioned minutes
were approved.
ACCOUNTS PAYABLE - APPROVED
Jim Boyd, Director of Accounting, presented the accounts payable and stated a change on Page 2.
The C. & P. Telephone Company of Virginia account should be $179.32 instead of $119.20. Mr. Boyd directed
the attention of the Board to the supplemental list of accounts fromtthe Commissioner of Revenue totaling
$11,041.00 and the state and local hospitalization due to be paid in the amount of $6,911.60. Therefore
accounts totaling $65,135.42 were read and approved and ordered to be paid from the General County Fund by
Warrants #00579 through $00702 inclusive. Accounts totaling $3,531.41 were read and approved and ordered to
be paid from the Dog Fund by Warrants #648 through # 660 inclusive.
The accounts payable were approved upon motion made 'by Dennis T. Cole and seconded by J. Robert
Russell.
MAY - PAYROLL APPROVED
Payrolls totaling $11,302.86 paid from the General County Fund by Warrants #00533 through #00575
inclusive; payroll totaling $504.16 paid from the Dog Fund by warrants #643 through #647 inclusive; and payroll
totaling $542.93 to Samuel Thomas, Sr. by Warrants #00529, #00530, #00576, and #00577 were read and approved
upon motion by Dennis T. Cole and seconded by Donald R. Hodgson.
STEPHENSON PETITION PRESENTED TO BOARD
Mrs. Mary Jobe presented a petition to the Board on behalf of the residents of Stephenson, for a
new water supply. Mr. Alderman read the petition and recommended that it be tabled for further study. Mr. San
asked Mrs. Jobe how many names were on the petition and howsmany of them were homeowners. Mrs. Jobe said there
were approximately 65 names on the petition and almost all were homeowners. Upon motion made by J. Robert
Russell and seconded by Donald R. Hodgson, the above petition was tabled for further study_
218
Mr. Sandy stated that the petition would be studied and a report made when the study was complete.
APPROPRIATION REQUEST - APPROVED
FAIR ASSOCIATION Mr. Alderman stated that the Fair Association is trying to establish a county fair
in Frederick County and the need of the County Govenm�ent to support this endeavor. He recommended to the Board
that a donation be made and an awards program be set up to assist this movement. '
Upon motion made by J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein grant a donation in
the amount of $1,000.00 to the Frederick County Fair Association, and,
BE IT FURTHER RESOLVED, That the Board does herein establish The Frederick County Award-for each award's '
classification to be presented annually, and,
BE IT FURTHER RESOLVED, That a supplemental appropriation in the amount of $1,000.00 be made to account
#18- 018E -702C.
The above resolution was passed unanimously.
POSTAGE METER Mr. Boyd presented the request to the Board for a postage meter and explained the necessi
for the meter. Mrs. Beckley asked where it would be located and stated that shea felt it should be located in
office as she has large quantities ofcmail. Mr. Alderman said it would be located on the first floor of the
building at 9 Court Square and any large quantities of mail could be picked up from the Treasurer's Office.
Mr. Sandy said that the meter would be used by all departments and the amount used by each department would be
billed against said department.
Upon motion of J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED, Byathe Board of Supervisors of the County of Frederick that the Director of Accounting
be authorized to enter into an agreement for the purchase of a postage meter, and, '
BE IT FURTHER RESOLVED, That a supplemental appropriation in the amount of $1,000.00 be made to the Fy
71 -72 Budget.
The above resolution was passed unanimously.
ALTERATION OF BUILDINGS
Clarification of Resolution Passed February 9., 1972 Mr. Alderman requested that a resolution be
the resolution passed on February 9, 1972.
Upon motion of J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick desires to clarify this action
of February 9, 1972 and does herein establish a supplemental appropriation of $24,000.00 for the alteration of
buildings.
The above resolution was passed unanimously.
Carry Over Funds to Complete Alterations Mr. Alderman stated that due to the fact that work started '
under provisions of the above resolution will be not be completed at the close of Fy 71 -72 it is requested that
the funds be carried over to FY 72 -73 to facilitate the completion of the alterations.
Upon motion of J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein authorize the carry '
over of the balance of Account #19 -014A -603 from FY 71 -72 to FY 72 -73.
The above resolution was passed unanimously.
RECREATION FUND Mr. Alderman stated that due to the rescheduling of pay periods, it is necessary to
carry over the balance in the recreation fund to cover the summer payroll.
Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the transfe
of the balance of the Recreation Fund from the FY 71 -72 Budget to the FY 72 -73 Budget.
.The above resolution was passed unanimously.
SOIL MAPS - JOHN WOLFE Mr, John Wolfe appeared before the Board and introduced Mr. William Blair,
219
Mr. Paul Moore and Mrs. Virginia McClure. Mr. Blair said he would be glad to answer any questions about a soil
survey for Frederick County. Mr. Sandy asked what the benefits would be, how long Frederick County would be on
a waiting list and the cost of such a survey. Mr. Blair said the soil survey could be used to determine the
feasibility of locating water and sewer lines; the feasibility of locating subdivisions; help in the determinati
of sites for landfills. Mr. Blair also stated that the Highway Department used soil survey information in the
building of roads and streets. He stated that it could also he helpful in zoning and setting the tax rate.
Mr. Russell asked if any counties around us had completed such a survey. Mr. Blair said Clarke County had just
completed one, that Warren County was working on one and Augusta County had just completed one. The waiting
list was discussed with Mr. Blair stating that the Commission considered the seriousness of the County in
desiring such a survey and the needs of the community in deciding when to begin the work. Mr. Blair stated-,
that the survey would cost approximately $175,000.00 to $180,000.00, but that this was not an exact figure.
Mr. Wolfe suggested that the County earmark $5,000.00 a year toward this project. Mr. Cole stated that he
in
had been/favor of a soil survey for years.
Upon motion of Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein authorize the
Executive Secretary to discuss and enter into with the State Soil Conservation Service and VPI, an agreement
for the conduction of a Soil Survey of Frederick County, and,
BE IT FURTHER RESOLVED, That the Board does herein make a supplemental appropriation to the FY 72 -73
Budget in the amount of $5,000.00 for the above referenced survey.
The above resolution was passed unanimously.
SANITATION AUTHORITY FEASIBILITY STUDY
STEPHENS RUN - CROOKED RUN DRAINAGE AREA - APPROVED
IRAN REQUEST - DENIED
Mr. James Bowman, representing the Sanitation Authoriy, came before the Board requesting a loan in
the amount of $7,500.00 to conduct a feasibility study of the Stephens Run - Crooked Run Drainage Area. Mr. Cole
asked Mr. Bowman exactly what area the study would cover. Mr. Bowman stated that it would cover the area from
Rt. 277 on the north to the county line on the west and to the Stephens Runr.Drainage Area on the south and'
east.
Mr. Russell stated that he felt some priorities should be set up in the county for this sort of
thing and that the critical areas should be considered first. Mr. Bowman stated that they were looking at
this area now because of the large development expected there. There was discussion as the zoning of the
area and whether a population growth from a large developmentt.would be detrimental to the people in thecarea.
Mr. Sandy stated that a e.population growth to 1500 could mean a new school and this would cost the taxpayers
a lot of money. Mr. Sandy said he felt the county had to gsow and progress but that the County could not spend
funds just to satisfy the heirs of an 80 acre tract and that it would benefit two people; the people kho own
the land and the people who develop it. Mr. Sandy asked Mr. Bass if the Planning Commission had recommended
the rezoning as requested. Mr. Russell asked Mr. Bowman if the Sanitation Authority would come back to the
Board for another loan in this area. Mr. Bowman said that further funds would be obtained from FHA. Mr. Bowman
presented the following statement to the Board.
"We the undersigned members of the Frederidk County Sanitation Authority,
feeling that a possible conflict of interest situation could develop
regarding the Stephens Run sewer project, do hereby notify the Frederick
County Board of Supervisors of this possibility and request that all
decisions be made by the Frederick County Board of Supervisors, thereby
relieving the undersigned of placing themselves in a position of possible
conflict."
/s/ James L. Bowman
/a/ Ti. G. Adams
220
Hr. Russell asked if the study could be delayed and if there was any money available elsewhere for the
study. Mr. Bowman stated that there was an option on the land and that the money could be taken from the escrow
account but might run them short in a few years. Mr. Sandy asked Hr. Cole if he had any comments. Hr. Cole
stated that he would positively have to vote no on this issue and the reason was because two members of the
Sanitation Authority own large tracts of land in this drainage area. Mr. Russell stated that he objected to
involving county money in the project because it was not a critical area.
Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein deny the request
for a loan in the amount of $7,500.00 to the Sanitation Authority for a feasibility study df the Stephens Run
Crooked Run Area.
By recorded vote with Raymond C. Sandy, J. Robert Russell, Donald R. Hodgson and Dennis T. Cole voting
"for" the above resolution was passed.
Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the
feasibility study of the Stephens Run - Crooked Run Area.
By recorded vote with Raymond C. Sandy, J. Robert Russell and Donald R. Hodgson voting "for" and
Dennis T. Cole voting "against ", stating that he voted against because two members of the Sanitation Authority
owned large tracts of'land in this area; the above - resolution was passed.
TYPEWRITER- TREASURER'S OFFICE - APPROVED
Mrs. Dorothy Beckley requested that she be given approval to purchase a wide carriage typewriter for
the Treasurer's Office as it was badly needed. Mr. Alderman stated that this approval could be given since it
was already provided for in the budget.
SUBDIVISION PLATS
Mr. Charles Bass presented the following subdivision plats and recommendations:
1. Connor Lots - Route 660 - Stonewall - Not Ready
2. Eger Lots - Route 630 - Gainesboro - Not Ready
3. Finger Lakes - Route 259 - Not Ready
4. Heritage Hills - Rolling Fields - Shawnee - Pending Water and Sewer Permit
5. Lakeside Estates - Approved.
Mr. Fletcher, Director of Parks and Recreation for Frederick County stated that in lieu of land for
recreation, Lakeside Estates would make a cash donation to recreation in the amount of $1,200.00 per acre, the
amount of land being over three acres. Mr. Alderman asked Mr. Smith, representing Heritage Hills Estates, if
he was ready to make a public committment to this effect and Mr. Smith said that he was ready to make such
committment.
Upon motion of Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby approve the plat of Lakeside
Estates - Route 642, located in Opequon District.
The above resolution was passed unanimously.
POINT OF ORDER IN THE PROCEEDINGS: The Connor Lots, Unger Lots, Finger Lakes, and Heritage Hill Plats
have not been tabled but taken under advisement.
Mr. Alderman stated that Subdivision Plats must be in Mr. Bass' hands in sufficient time for him to
mit them to the Board 10 days before the meeting.
SALARIES IN SHERIFF'S DEPARTMENT - APPROVED
Mr. Alderman stated that Sheriff Anderson, in submitting his budget, had requesteda minimum starting
salary of $7,000.00, the state recommending $ 7,200.00, and in order to bring the Sheriff's Department up to this
IJ
standard, a supplemental appropriation in the amount of $7,753.00 was needed in the FY 72 -73 Budget. It was
221
further recommended that one position be upgraded to investigate level at a cost of $2,000.00.
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve a
appropriation in the amount of $9,753.00 to the Fy 72 -73 Budget of Frederick County Sheriff's Department.
The above resolution was passed unanimously.
STUDY OF LAW
NEED - APPROVED
Upon motion of J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein direct the Executi
Secretary to make a complete study of the Law Enforcement needs of the County and develop recommendations to
be presented to this Board not later than September, 1972, and,
BE IT FURTHER RESOLVED, ThAt the Lord Fairfax Planning District is herein requested to assist with the
study.
The above resolution was passed unanimously.
SUPERVISOR DENNIS T. COLE - APPOINTED TO JAIL COMMITTEE
Mr. Sanoy stated that Supervisor Dennis T. Cole had been appointed to serve on the Jail Committee.
AUDIT REQUEST -- APPROVED
Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein request an audit
by the Office of the Auditor of Public Accounts of County Records for the Fiscal Year ending June 30, 1972, and,
BE IT FURTHER RESOLVED, That an early audit be conducteddue to the establishment of Central Accounting.
The above resolution was passed unanimously.
Mr. Alderman stated that due to the nature of the bills paid outjof petty cash, it is recommended that
the $15.00 minimumbbe removed and the use of the fund be left to the discrteition of the Director of Accounting.
Upon motion of Donald R. Hodgson and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein remove the $15.00
limit on the use of the Petty Cash fund and that control of the fund be vested in the Director of Accounting.
The above resolution was passed unanimously.
PERSONNELL,POLICIES - APPROVED
Mr. Alderman submitted a compilation of personnel policies to the Board fCr their consideration. Mr.
asked for deletion of a portion of Section 27, this section to read: "The Executive Secretary shall have
authority and responsibility for actions not explicitly reserved by the Board but shall report such actions to
the Board." The deletion was granted.
Upon motion of J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the
following personnel policies for the County of Frederick.
PERSONNEL POLICIES
This Regulation sets forth certain administrative policies for employees of the Board of Supervisors
which are to be implemented by the Executive Secretary. It has been prepared to acquaint prospective, new,
and old employees with policies which affect each employee. The policies contained herein have been made in
accordance with good administrative practices and are utilizing the best practices of the Commonwealth of
Virginia,
1. HOLIDAYS
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
222
Labor Day
Veterans's Day
Thanksgiving Day
Christmas Eve Vi day)
Christmas Day
January 1
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
4th Monday in October
Last Thursday in November
December 24
December 25
If a holiday falls on a day a person is scheduled to work, he or she will`be given the day off. If
it falls on Sunday or Saturday, the following Monday will be observed as a holiday. If a person must work on
a holiday, he will be given another day off. Holidays falling within a period of vacation or sick leave will
not be charged against vacation or sick leave taken.
2. VACATIONS
The amount of vacation earned each year depends on the length of time a person has been employed. A
new employee earns vacation at the established rate without any probationary period, vacation is taken at the
convenience of the Executive Secretary.
Years of Service
1 - 5
5 - 10
10 or more
3. SICK LEAVE
V acation.Earned/Month
1 working day
lk working day
1 working day
Maximum Accum
24 working days
30 working days
36 working days
One and bne- quarter days of sick leave is accumulated for each month worked and may be accumulated up
to ninety (90) days. This may be used when a person is unable to work because of illness or has a doctor or
dental appointment. A limited amount of sick leave may be utilized at the discretion of the Executive Secretary
when a7member of the individual's family (immediate family) is sick. The term "immediate family" means the
employee or his wife (or husband), mother, father, child, brother, sister, or any relative of his or hersspouse'
if this relativellives in their household.
4. DEATH IN THE IMMEDIATE FAMILY
If a death occurs in the employee's immediate family (as listed above), the circumstances will be con-
sidered by the Executive Secretary end he may allow the employee reasonable time off from work with no% loss
of pay. The amount of time off will be determined by the Executive Secretary but will -mot exceed three
days
5. JURY DUTY
If an employee is called to serve on a Bury, he or shea will be give time off with pay to carry out
this duty.
6. LEAVE OF ABSENCE
An employee may be granted a leave of absence without pay by the Executive Secretary if he needs the
time off from work because of some personal emergency or for study related to his job.
7. MILITARY LEAVE
If an employee enters military service after having become a regular, permanent employee, he will
continue as a employee on military leave of absence witthout pay, if he returns to his job within;;90 days from
discharge, he will be reinstated with continuous service, provided such discharge was honorable andits able to
perform hisijob. If an employee is a memberodf a reserve unit or National Guard, he may be given fifteen
c&Lendar days of military leave with pay each year to participate in the annual training program.
B. COMPENSATORY LEAVE
An employee may be given compensatory leave by the Executive Secretary on an hour for hour basis for
L
any time he or she is required to work beyond the normal working hours.
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9. OVERTIME
The Executive Secretary may authorize overtime payment of one and one -half (1 )1) normal hourly rate for
work beyond a normal working week (40 hours). However, an hourly employee may not receive both compensatory
II leave and overtime payment. The Executive Secretary will decide which form of compensation will be granted.
10. HOSPITALIZATION
' A hospitalization plan will be effected in connection with the Blue Cross, Blue Shield, Major Medical
Plan. Cost for the employee's participation in the hospitalization plan will be borne by the County.
11. PAY
The employees shall he paid on the last working day of each month.
' 12. PAY INCREASE .
Pay increases shall become effective July 1 of each year as indicated on the attached salary scale or
as directed by the Board of Supervisors for those employees who have been on the payroal for at least six (6)
months.
13. WORKMEN'S COMPENSATION
This is required by State law and is paid for entirely by the County. This covers the employee in the
event of occupational sickness or injury. Any accident on the job, no matter how small should be reported to
the Executive Secretary.
14. PROFESSIONAL SOCIETIES
Any permanent employee may be reimbursed for his or her membership fee in a professional society at the
discretion of the Executive Secretary so long as such society is directly related to the work of the individual
and results in benefits to the County. No fees still be paid for annew employee, except thosecoming due and
payable upon or after his employment.
' 15. EXPENSES
Any expenses of the staff with regard to meals, lodging, tolls, conferences travel, etc. incurred in
the performance of his or her duties shall be borne by the County. Expense vouchers with attached receipts will
be submitted and signed by the employee at the end of each pay period for approval by the Director of Accounting.
Abnormal expense loads may qualify for covering advances at the discretion of the Executive Secretary. Travel
by employees in privately owned and/or operated vehicles will be reimbursed at the rate of 100 per mile. The
Executive Secretary shall be authorized additional expenses accrued for meals, etc., of other officials when in
the conduct of County business.
16. HOURLY EMPLOYEES
Hourly employees do not receive any paid vacation, sick leave, holidays, jury, voting, death,
maternity or military leave and have no re- employment rights except that an employee in that position is not
required to work on a holiday.
' 17. TRAINING PROGRAMS AND COURSES
The Executive Secretary may recommend Board approval of payment for courses, seminars, and on- the -job
A training as he may deem advisable to prepare individual employees for professional advancement or to raise staff
competence levels in specific work areas. The Executive Secretary may design in- service training programs
an on- the -job training program during normal office hours to prepare the individual employee for professional
' advancement.
18. PARKING
See Administrative Regulations.
19. WORKING HOURS
The office hours are officially from 8 :30 A.M. to 5:00 P.M., Monday through Friday. The Executive
Secretary is authorized to change office hours at +such time as requirements may dictate.
20. HIRING
The Board of Supervisors shall appoint all Department Head Level personnel with the advice of the
Executive Secretary. All other personnel shall be hired by the respective department head with the approval of
the Executive Secrectary.
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21. DISCHARGE
An employee below the Department Head rank may be discharged by that employee's particular Department
Head ab long as the Executive Secretary concurs. Employees of the Department Head status may be discharged by th
Board of Supervisors at the request of the Executive Secretary. After being discharged, an individual may apply
for reinstatement within seven (7) days to the Chairman of the Board, who will bring this to the attention to the
Board of Supervisors. The Board of Supervisors will have final authority in such matters. ,
22. POLITICAL ACTIVITY
No employee may do any electioneering on property of the County and no employee may continue in his
job after he becomes candidate for nomination or election to any public office. Employees are strongly urged to
eliminate any participation in a political process which is likely to reduce their professional effectiveness as '
a member of the County Staff.
23. GARNISHMENT OF PAY
An employee whose wages are garnished may be discharged if considered appropriate by the Executive
Secretary.
24. TELEPHONE CALLS- MAIL - VISITORS
Telephone calls, mail, and visitors which are of a personal nature should be handled by the employees
out of the office and during non- working hours.
25. MATERNITY LEAVE
Any female employee may be granted maternity leave for a period not to exceed one year. The granting
of such leave shall be approved with the understanding that reinstatement will be based upon the County's needs,
availability of position, and that there will be no moral obligation on the part of the County to reinstate the
employee. The point at which the employee must take such leave may be determined by the Executive Secretary.
If the employee is re- employed within one Se ar, the previous longevity obtained for purposes of pay, sick leave '
and vacation at time of departure will not be lost. Such benefits for those reinstated after more than a
year may be awarded at the discretion of the Executive Secretary.
26. RETIREMENT
All full time employees are required to pay into the Virginia Supplemental Retirement System which
entitle such employees to all benefits thereof.
27. GENERAL
The Executive Secretary shall have authority and responsibility for actions not explicitly reserved by
the Board but shall report such actions to the Board.
The above resolution was passed unanimously.
MR. R. C. KING - HIGHWAY REPORT
Mr. King appeared before the Boardd and gave a report on a section of old right -of -way of Route 36
stating that it was no longer necessary for the use of Route 803 and was being used to dump trash. He recommende ,
abandonment of said right of way to the Board. _
Upon motion of Dennis T. Cole and sgcondad by J. Robert Russell,
BE IT RESOLVED, By the Board of Supervisors of Frederick County, that whereas it appears,to the Board
that the section of old right -of -way of Route 36, Project 534C from approximate Station 750 to approximate
Section 755, serves no public necessity and is no longer necessary for the use of Route 803 of the Secondary ,
System of State Highways, and,
BE IT FURTHER RESOLVED, That this portion of the right -of -way of Route 803 be and hereby is abandoned
as a public road pursuant to Section 33.1 -155 of the Code of Virginia, as amended.
The above resolution was passed unanimo
REPORT - FUNDS ALLOCATED - HIGHWAY DEPARTMENT
Mr. Alderman gave a report on the final funds allocated from the Highway Department stating that the
amount allocated was $
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TRAFFIC STUDY REQUESTED - RT. 7 - I -81
Mr. Dennis Cole asked Mr. Crowder if it would be possible to have a traffic light installed on
Route 7 at the intersection of Route 7 and 1 -81, as he, and a great number of other people, felt this was a
dangerous intersection and a traffic light was badly needed there. Mr. Crowder stated that the Board would have
to pass a resolution asking that a further study be made of the problem.
Upon motion of Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein
the State Highway Department to make a further study of the need for traffic lights on Virginia Route No. 7 at
the intersection of Interstate 81 and Route No. 7.
The above resolution was passed unanimously.
Mr. Harold Whitacre, Dog Warden, presented his report for the month of May, 1972 to the Board.
Upon motion made by Dennis T. Cole, and seconded by J. Robert Russell, payment was authorized in
the amount of $30.00 to Ralph Myers for one (1) lamb killed by stray dogs on May 19, 1972, and to Dr. Samuel
Whitacre in the amount of $20.00 for one (1) ewe killed by stray dogs on May 5, 1972.
REPORT - BUILDING INSPECTOR
Mr. Blair Webber appeared before the Board, and presented the following report for the period from
May 15, 1972 through June 13, 1972:
Building Permits Issued 55
Amount of Permits Issued $658,220.00
Fees From Permits Issued $ 1,656.80
Number of Inspections Made 30
PEACEMAKER - ORDERCOF EXECUTION ISSUE
Mr. Alderman reported to the Board that an Order of Execution had been exercised against Richard
R. Peacemaker for the removal of a trailer in Opequon District of Frederick County, and that said trailer had
been removed.
TRAILER PERMITS - APPROVED
Upon motion mad by J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of ISupervdsors of the County of Frederick does herein approve the
fallowing trailer permits:
Brenft D. Sandy - Gainesboro District
Lewis W. Reed - Opequon District
Judy Loy - Stonewall District
John and Martha Light - Gainesboro District
The above resolution was passed unanimously.
J. R. WILUM - WATER AND SEWER PERMIT - APPROVED
Mr. Alderman outlined briefly the request of Jr.R. Wilkins, to extend the water and sewer lines to
service 1/2 of the Subdivision Heritage Hills with the remainder to be serviced by the County when the County
can so provide these services. Mr. Cole asked Mr. Kniceley, representing J. R. Wilkins, how soon the service
would be needed and Mr. Kniceley stated in about six months.
Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia, does herein grant the
permit of J. R. Wilkins, Inc., for expansion of municipal water and sewer into the Heritage Hills Subdivision as
per discussions with Mr. Wilkins.
The above resolution was passed unanimously.
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HERITAGE HILLS SUBDIVISION PLAT - APPROVED
Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole,
BB IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia, does herein approve
the Plat of Heritage Hills Subdivision pursuant to the approval of the water and sewer permit granted said sub-
division.
The above resolution was passed unanimously.
E. L. PETERS - WATER AND SEWER PERMIT - APPROVED
Mr. Alderman presented a brief outline to the Board of the request of E. L. Peters for the
of city water and sewer lines to his project on Senseny Road,statingthat the contracts had been issued prior to
the passage of the County Water and Sewer Ordinance. Mr. Alderman stated that the water and sewer have been
cussed with Mr. Peters and only lines to the shopping center will be expanded and to no other property of
Mr. Peters.
Upon motion of Donald R. Hodgson and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia does herein approve
permit of E. L. Peters for the expansion of municipal water and sewer lines to the shopping center development
of E. L. Peters on Senseny Road.
The above resolution was passed unanimously.
UTILITY TAX ORDINANCE AMENDMENT - SECOND READING - APPROVED
Upon motion of J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein adopt on
second reading the following ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE PASSED APRIL 26, 1972, TO IMPOSE
A TAX ON PERSONS IN FREDERICK COUNTY PURCHASING CERTAIN UTILITY SER-
VICES, FIXING THE AMOUNT OF TAX, TO PROVIDE REVENUE FOR THE GENERAL
FUND OF FMLERICK COUNTY, AMID PROVIDING FOR ITS COLLECTION,
and,
BE IT FURTHER RESOLVED, That a Public Hearing on the proposed ordinance be held on the 28th day of
June, 1972, at 7:30 P.M. in.the Court House.
By recorded vote with Raymond C. Sandy, J. Robert Russell, and Donald R. Hodgson voting "for" and
Dennis T. Cole voting "against" the above resolution passed.
ELECTRICAL CODE ORDINANCE - FIRST AND SECOND READING - APPROVED
Mr. Blair Webber, Building Inspector for Frederick County, stated that he felt the County should
dire an electrical inspector at a salary of approximately $6,000.00 per year.
Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT RESOLVED, That Board of Supervisors of the County of Frederick does herein adopt on first
and second reading the following ordinance:
AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE AS THE ELECTRICAL
CODE FOR FREDERICK COUNTY, VIRGINIA, SET THE INSPECTION FEES, AND
and,
THE POSITION OF ELECTRICAL INSPECTOR
BE IT FURTHER RESOLVED, That a Public Hearing on the proposed ordinance be held on the 12th day
of July, 1972, at 4:30 P.M., in the Board Room
The above resolution was passed unanimously.
VOTING PRECINCT ORDINANCE
FIRST AND SECOND READING - APPROVED
Mr. William Fraula appeared before the Board and outlined the following precinct changes and
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stated the reasons these changes needed to be made.
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Back Creek Magisterial District
Kernstown Precinct: Change from Echo Village
Restaurant to Schenck Foods.
Opeguon Magisterial District
Stephens City Precinct: Change from Stephens
City Town Office to Stephens City Fire Hall.
' Stonewall Magisterial District
Neffstown Precinct: Change from I. Fred Stine
Office to Frederick Block Co. Office.
Upon motion of J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein adopt on first
and second reading the following ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE PASSED ON JUNE 28, 1971, TO PROVIDE FOR
PRECINCTS, TO ESTABLISH BOUNDARY LINES OF PRECINCTS, TO NAME EACH PRECINCT,
AND TO ESTABLISH A POLLING PLACE FOR EACH PRECINCT.
and,
BE IT FURTHER RESOLVED, That a Public Hearing on the proposed ordinance be held on the 12th day of
July, 1972 at 4:00 P.M. in the Board Room.
The above resolution was passed unanimously.
FIRST READING - APPROVED
At the request of the Frederick County Commissioner of Revenue, the following amendment was pro-
posed to the Frederick County Tag Ordinance:
' Section 5 (a) Transfer of license tags shall be made from one vehicle of like design to another as
(passenger to passenger); provided that the vehicle on which the license is to be used is registered in the
same name for which it was originally issued.
May the above paragraph read that transfer of license tags shall be made from one vehicle to
another as (passenger to truck or vice versa) but not from (auto to motorcycle or motorcycle to auto) with
same provisions.
Upon motion made by Dennis T. Cole and seconded by Donald'R. Hodgson,
BE IT RESOLVED, By the Board of Supervisors of the bounty of Frederick that the following
be passed on first reading:
AN ORDINANCE TO AMEND AN ORDINANCE PASSED AUGUST 10, 1970, TO EMPOWER THE COUNTY OF
FREDERICK, VIRGINIA TO LEVY AND ASSESS TAXES AND CHARGE LICENSE FEES UPON MOTOR
VEHICLES, TRAILERS, AND SEMI - TRAILERS; LIMITATIONS OF AMOUNT; DISPOSITION OF REVENUE;
REQUIRING EVIDENCE OF PAYMENT OF PERSONAL PROPERTY TAXES; PROHIBITING DISPLAY OF
TAGS AFTER EXPIRATIONF PUNISHMENT FOR VIOLATION; IN ACCORDANCE WITH THE PROVISIONS
SET FORTH IN SECTIONS 46.1 -65 OF THE CODE OF VIRGINIA (1950) AS AMENDED.
The above resolution was passed unanimously.
FREDERICKTOWNE COMPANY - REZONING - APPROVED
' Mr. Stephen Carnes, representing Fredericktowne Company, presented the request for rezoning of some
46.319 acres of land located on Va. Rt. 641 between Va. Rt. 277 and Va. Rt. 647 on the north side from
Agricultural 2 (A -2) to Residential 2 (R -2).
Mr. Carnes stated the plans to construct multi - family dwellings such as duplexes and four family
garden apartments in the subdivision.
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That Board of Supervisors of Frederick County does herein approve the rezoning of
the above mentioned property from Agricultural 2 (A -2) to Residential 2 (R -2).
The above resolution was passed unanimously.
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SCHENCK FOODS, INC. - REZONING - APPROVED
The petition of Schenck Foods,Company, Inc. was presented to the Board requesting rezoning of
4.46 acres of land located on the west side of U. S. Route 11 in the Kernstown Vicinity from Industrial - 1 (I -1)
to Business - 2 (B -2).
Upon motion made by J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the
rezoning of the above mentioned property of Schenck Foods Company, Inc. from Industrial - 1 (1-1) to Business -
The above resolution was passed unanimously.
EMMERT - REZONING
Mr. Joseph White, representing Mr. Emmert, appeared before the Board requesting the rezoning of
some 4.974 acres of land located on the west side of U. S. Route 11, in the Kernstown Vicinity from Residential
2 (R -2) to Industrial 2 (M -2) and some 0.846 acres of land located on the west side of U. S. Route 11 in the
Kernstown Vicinity from Residential 2 (R -2) to Business (B - 2).
It was noted that the Planning Commission had approved the portion to be rezoned B -2 and
the portion to be rezoned M -2.
Mr. White state3that Mr. Emmet desired to rezone the above mentioned property in order to build a
service station and a bulk storage plant, and that the trend in the area where the property is located is
toward industrial use and he cited various industries already in the area: He stated that Mr. Emmert was asking
for rezoning toward the trend and would be glad to comply with any and all safety regulations. Insofar as the
value of the property is concerned, Mr. White stated that the area already had M -1 on both sides and cited severe
industries within this zoning. He further stated that sewer was not a problem and his client would comply with
anything the Health Department would require.
Mr. Emmert stated that the land had been previously owned by Humble oil and Refining Company who
had it for sale for quite some time and that he had taken an option on the property. He stated he had applied
for a building permit to build a bulk plant and service station and was granted this permit. He then exercised
his option and purchased the property. He stated that he would not do 'anything to hurt the people in the sub-
division. Mr. Emmert then discussed with Mr. McDonald, a resident of Echo Village Subdivision, the buffer area
between the property and the subdivision. He stated that he was willing to cooperate in any way with the reside
and asked if burying the tanks would be acceptable to them. Mr. Emmert said that he felt the whole opposition t
his rezoning was a personal conflict between himself and T. G. Adams. He then gave a brief resume on the safety
of bulk plants stating that they were engineered for safety.
er G . A'
Mr. Douglas Shift appeared before the Board representing homeowners and residents in the Echo
Village Subdivision who were opposed to the rezoning. Mr. Swift called the attention of the Board to a petition
which had been filed by some 48 residents of Echo Village Subdivision against the rezoning. Mr. Swift then intr
duced four homeowners present at the meeting and asked each one to address the Board stating his reasons for
opposing the rezoning of Mr. Emmert. The first homeowner was Mrs. Lively who stated that.before moving to Echo
Village she had lived on Smithfield Avenue extended where a bulk plant is now located and that it was a constant
source of worry because of the danger of fire or explosion. She also said that as a homeowner she did not want
to see any heavy iddustry come into the area because of the effect it might have on the value of the property.
Mrs. Lively then identified photographs of the bulk storage plant located on Smithfield Avenue.
Mrs. Tevault, another resident of Echo Village, addressed the Board stating that not only would
the plant be a hazard but would be unsightly and would possible cause an increase in fire insurance to the
homeowners in the subdivision.
Mrs. Stumbo, a homeowner in Echo Village, stated that she has lived in the subdivision for 10 ye
and had no idea that anything like a bulk plant would come into the area. She stated that she objected to the
health hazard the fumes might create and the depreciation of thehomes in the area. Mrs. Stumbo said she felt
that if Mr. Emmert were a resident of the subdivision he would not want to live next to a bulk plant.
(B -2).
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Mr. McDonald, a resident of Echo Village, addressed the Board with a map he had prepared showing
the subdivision and stated that bb felt the area had been zoned residential and it was not fair to rezone it
M -2. He said he objected to the unsightly scene, the smell, and the hazard a bulk storage plant would create
in the area.
Mr. Swift then stated that even if the buffer area could be shaded, it would not reduce the danger
�j
factor. He said that the County zoning ordinance states that the suggested rezoning was not compatible with
residential use. He stated that locating a petroleum storage plant in the area would downgrade the adjacent
residential and would decrease the tax base. Mr. Swift then presented photographs showing explosion and
fires at other bulk storage plants.
Mr. Cole questioned Mr. Swift's intentions in introducing these photographs and stated that on
Route 11 there were storage tanks on both sides of the road and the school buses travel these roads every day.
Mr. Henry Whiting, representing Mr. T. G. Adams, and Mr. Adams appeared before the Board and
Mr. Whiting asked Mr. Adams to tell the Board about the problems he had encountered at his motel regarding the
storage tanks belonging to Mr. Emmert. Mr. Adams stated that he had received several complaints from patrons
of the motel because they were afraid to stay in the motelbecause of the danger cause by the storage tanks.
Mr. Adams also stated that Mr. Emmert had told him he was going to store a million gallons of petroleum there.
Mr. Adams asked that the Board consider this rezoning as if they themselves were in his position.
Mr. Cole asked if the mobile home on the photograph belonging to Mr. Adams was in fact owned by
I�
Mr. Adams. Mr. Adams stated that it was and was used occasionally by people working for him. Mr. Cole
asked Mr. Adams if he had a permit for this trailer and Mr. Adams answered that he did not know. Mr. White
asked Mr. Adams when he had purchased the Sprinkle Home and Mr. Adams answered about five years ago. Mr. Whi
then read a portion of the County Zoning Ordinance pertaining to the incompatibility of M -2 zoning with
Residential Zoning.
Mr. Joseph Massie representing Mr. T. G. Adams then appeared before the Board and stated that the
1
Emmert land had no sewer service and would not have such service for some time. He stated that Mr. Emmert
had requested the Echo Village Water and Sewer System to take around the property sought to be rezoned stating
that on the north is Schenck Foods, B -2; Echo Village REstaurant, B -2; on the south Echo Village Motel, B -2,
and on the south a residential development. He stated that to come in and put an M -2 in a business and resides
use would be a non - compatible use and would not serve the people living in that area. Mr. Massie stated that
in his opinion to rezone this property M -2 would be spot zoning and when rezoning was beneficial to one or two
people and not to the area, it would be arbitrary and capricious to those residents. Mr. Massie said, con-
cerning the tanks mentioned on Route 11, that these tanks had been located there before there was an ordinance
and that he hoped in the future we would not have this situation. He stated that it would be a terrible thing
to do now that we were trying to plan the County.
Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein accept the
recommendation of the Planning Commission and does approve the rezoning of the of land of W. H. Emmert,
and Sons sought to be rezoned from Residential 2 (R -2) to Business 2 (B -2), and,
BE IT FURTHER RESOLVED, That the Board does herein accept the recommendation of the Planning
Commission and does deny the petition of W. H. Emmert and Son to rezone that portion of land above mentioned
from Residential 2 (R -2) to Industrial (M -2).
The above resolution was passed unanimously.
APPOINTMENTS
Lord Fairfax Community College Upon motion made by J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of supervisors of the County of Frederick does herein appoint
C. Robert Solenberger to the Lord Fairfax Community College Board for a four year term starting July 1, 1972.
The above resolution was passed unanimously.
230
Frederick County Welfare Board Upon motion made by J. Robert Russell and seconded by Dennis T..Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein table the
appointment to the Frederick County Welfare Board for further study.
The above resolution was passed unanimously.
Frederick County Sanitation Authority Upon motion made by J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein table the
appointment to the Frederick County Sanitation Authority for further study.
The above resolution was passed unanimously.
DOG FUND - SUPPLEMENTAL APPROPRIATION - APPROVED
Mr. Alderman stated that in order to cover the cost of the new truck for the Dog warden, a
supplemental appropriation was needed to the Dog Fund.
Upon motion made by J. Robert Russell and seconded by Dennis 1T. Cole,
BE IT RESOLVED, By the Board of Supervisors of the County of Frederick that a supplemental
in the amount of $1,400.00 be herein made to the Dog Fund to cover the cost of the new truck for the Dog Warden.
The above resolution was passed unanimously.
LANDFILL FEES - APPROVED
Upon motion made by J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein relieve the
Treasurer of collecting landfill use fees in the amount of $388.40 as certified by the Director of Accounting,
BE IT FURTHER RESOLVED, That those individuals or firms so listed above will not be permitted use
of said facility, and
BE IT FURTHER RESOLVED, That the Board of Supervisors of the County of Frederick does herein place)
the cut -off amount on the Landfill at the amount of $5.00 or when in the opinion of the Treasurer or Executive
Secretary a less amount would be in the best interest of the County.
The above resolution was passed unanimously.
HOSPITALIZATION PROGRAM - APPROVED
Upon motion made by J. Robert Russell and seconded by Dennis T. Cole -,,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein authorize
the signing of the following contracts for the local Hospitalization Program:
Shenandoah County Memorial Hospital
University of Virginia Hospital
Winchester Memorial Hospital
Medical College of Virginia
The above resolution was passed unanimously.
JAIL CONTRACT - APPROVED
Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approved the
following contract and does authorize the Chairman to Sign in behalf of the County.
THIS AGREEMENT,made and dated this 21st day of June, 1972, by and between the
City of Winchester, Virginia, hereinafter referred to as TheCit party of the first part;
and the County Board of Supervisors for Frederick County, Virginia, hereinafter referred to
as The County, party of the second part.
WHEREAS, The City and The County are parties to a certain Agreement bearing date
of July 1, 1950; and, WHEREAS, it is the desire and intention of The City and The CCounty
to terminate that section of that Agreement dealing with the Frederick County - Winchester
Jail as of the date of the execution of this Agreement;
NOW, THEREFORE, WITNESSETH; That for and in consideration of the premises and of
the mutual obligations herein undertaken:
It is hereby mutually understood and expressly agreed by the parties hereto that
that section of said agreement between The City and The County dealing with the Frederick
County - Winchester Jail, bearing date of July 1, 1950, shall, at and from the date of execut
of this Agreement, be, and it hereby is terminated and declared null and void; and
n
231
1. Each jurisdiction shall pay the monthly per diem costs of prisoners charged pursuant to a local (County or
City) ordinace or regulation.
2. Depending upon the percentage of (County or City) Commonwealth prisoner days each jurisdiction shall pay i
prorated share of the difference between the actual cost (per diem costs) df Commonwealth prisoners and actual
revenues recovered from the Commonwealth.
3. Depending upon the percentage of (County or City) total prisoner days, each jurisdiction shall pay its
share of the compensation for jail staff personnel not recovered from the Commonwealth.
4. Each jurisdiction shall share equallk the costs of major construction, as mutually agreed upon, to said
Bail facilities.
' It is further mutually underttood and expressly agreed by the parties hereto that written notice shall be
given by either jurisdiction of its intention to terminate this Agreement by March 1 of any year, otherwise
this Agreement will continue in full force and effect.
ATTEST:
/s/
Roger H. Alderman,
Exectittve Secretary for
Frederick County, Virginia
/s/
B. M. Ferrero,
' Clerk of Council
City of Winchester, Virginia
/s/
Raymond C. Sandy, Chairman
Frederick County Board of Supervisors
/s/
Wendell L. Seldon, City Manager
City of Winchester, Virginia
The above resolution was passed unanimously.
LANDFILL AGREEMENT - APPROVED
Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the purchase
of some 168 acres of land in partnership with the City of Winchester for the amount of $18,312.00. Said land
will be used for a sanitary landfill, and,
BE IT FURTHER RESOLVED, That the following agreement is approved and the Chairman is authorized to sign
in behalf of the Count}[.
If is further mutually understood and hereby expressly agreed by the parties hereto that
the Frederick County - Winchester Jail, jointly maintained and operated by the parties here-
to, shall be maintained and operated under the terms and provisions hereinafter set forth:
FREDERICK COUNTY - WINCHESTER JAIL - The over -all supervision of the Frederick County -
Winchester Jail shall be by the Frederick County Sheriff, subject to review by the Frederick
County Board of Supervisors and the City Council for the City of Winchester.
The direction and operation of the Frederick County - Winchester Jail shall be under the
'
supervision of the Sheriff of Frederick County, which shall assume control and responsibility
for all operational activities at 12:01 P.M., July 1, 1972 and from the date of the execution
of this Agreement.
The budget shall be prepared by the Sheriff of Frederick County subject to approval by
the County of Frederick and the City of Winchester.
Jurisdictions other than Frederick County and the City of Winchester which use the
Frederick County - Winchester Jail facilities skull pay for said use•of said facilities on a
per diem basis.
Frederick County and the City of Winchester shall support the operation of the Jail in
accordance with the following formula:
1. Each jurisdiction shall pay the monthly per diem costs of prisoners charged pursuant to a local (County or
City) ordinace or regulation.
2. Depending upon the percentage of (County or City) Commonwealth prisoner days each jurisdiction shall pay i
prorated share of the difference between the actual cost (per diem costs) df Commonwealth prisoners and actual
revenues recovered from the Commonwealth.
3. Depending upon the percentage of (County or City) total prisoner days, each jurisdiction shall pay its
share of the compensation for jail staff personnel not recovered from the Commonwealth.
4. Each jurisdiction shall share equallk the costs of major construction, as mutually agreed upon, to said
Bail facilities.
' It is further mutually underttood and expressly agreed by the parties hereto that written notice shall be
given by either jurisdiction of its intention to terminate this Agreement by March 1 of any year, otherwise
this Agreement will continue in full force and effect.
ATTEST:
/s/
Roger H. Alderman,
Exectittve Secretary for
Frederick County, Virginia
/s/
B. M. Ferrero,
' Clerk of Council
City of Winchester, Virginia
/s/
Raymond C. Sandy, Chairman
Frederick County Board of Supervisors
/s/
Wendell L. Seldon, City Manager
City of Winchester, Virginia
The above resolution was passed unanimously.
LANDFILL AGREEMENT - APPROVED
Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the purchase
of some 168 acres of land in partnership with the City of Winchester for the amount of $18,312.00. Said land
will be used for a sanitary landfill, and,
BE IT FURTHER RESOLVED, That the following agreement is approved and the Chairman is authorized to sign
in behalf of the Count}[.
1�i
232
FREDERICK COUNTY - WINCHESTER LANDFILL AGREEMENT
This Agreement, made and dated this 14th day of June, 1972, by and between the County Board of
Supervisors for the County of Frederick, Virginia hereinafter referred to as The County, party of first part,
and The City of Winchester, Virginia, hereinafter referred to as The City, party of the second part.
Whereas, The County and The City are parties to a certain oral agreement at thistime for the
of City refuse at the Frederick County - Winchester Landfill; and, Whereas, it is the desire and intention of
The County and The City to set forth the terms of this oral agreement in writing as of the date of the execution
of this Agreement:
Now, therefore, Witnesseth: That for and in consideration of the premises of and of the mutual
gations herein undertaken:
it is hereby mutually agreed by the parties hereto that The County shall dispose of any domestic
refuse from within the Corporate limits of'the'City of Winchester at The County owned Sanitary Landfill located
on Sulphur Spring Road in Frederick Countylin accordance with the following provisions:
1. All refuse must be delivered to the landfill by The City either in City owned vehicles or by
vehicles under contract to The City.
2. Whenever vehicles hauling refuse belonging to The City or its contracted agent enters The County
all county ordinances and regulations shall apply.
3. The County reserves the right to refuse to accelit any material that might be considered hazardou
or is forbidden by County regulations and/or State regulations.
4. The City shall reimburse The County for this disposal service on a monthly basis in accordance
with The County's per ton cost of operation. This cost shall be determined by the following factors
(a) contract or operational cost.
(b) land depreciation.
(c) equipment depreciation.
(d) buildings and grounds maintenance. (labor and personnel costs)
(e) administration.
The County shall furnish a summary of this cost of operation within thirty days after July 1st annu
There shall be a formula established for public users and a formula for each political subdivision.
(County and City.)
S. The County reserves the right to adjust the per tomidisposal rate annually effective July 1st
in order to reflect any changes that might occur in thosecost factors as set forth in Section 4.
6.
if for any reason The County is
required to close
or abandon its landfill
operation, it
is
agr
that the joint
operation shall move to the new
jointly -owned site
off the Sulphur Spring
Road purchased
by
the
City in September, 1970.
7. All rules of operation that pertain to the Landfill shall apply to The City.
S. It is mutually agreed that the day -to -day management of the joint sanitary landfill shall be
performed by the County Department of iENgineering; in cooperation with the City Public Works Department. The
operation of the sanitary landfill shall be with a joint committee of three representatives of the County and
three representatives of the City.
9. it is mutually agreed that the firms, business and corporations located within the City of
Winchester shall be permitted to use the Frederick County - Winchester Sanitary Landfill according to a per ton
rate established by general sresolution of the Board of Supervisors, and so long as all State and/or County
regulations are upheld.
It is further mutually understood and expressly agreed by parties hereto that written notice shall
be given by either jurisdiction of its intention to terminate this !agreement within six (6) months of such
termination.
ly.
233
/s/
Raymo Sandy, Chairman
of Frederick County Board of upervisors
I ATTEST:
/s/
Roger H. Alderman
Executive Secretary for Frederick County, Virginia
Wendell L. Seldon, City Manager
City of Winchester, Virginia
ATTEST:
/s/
B. M. Perrero,
Clerk of Council, Winchester, Virginia
The above resolution was passed unanimously.
SALE OF HIGHVIEW SCHOOL - APPROVED
Upon motion made by J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, By the Board of Supervisors of the County of Frederick that approval is herein granted
' for the sale, at public auction, of the Highview School property, in accordance with the acceptable County
policies for the disposal of surplus property.
The above resolution was passed unanimously.
WATER DEVELOPMENT STUDY - APPROVED
Upon motion made by Dennis T. Cole, and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein direct the
Secretary to make or have made a complete study of the feasibility of developing an independent county water
supply. and.
BE IT FURTHER RESOLVED, That the cost of said study shall be taken from the 1972 -73 Water and Sewer
Development Program Funds, but in no way will it have diverse effects on other projects.
The above resolution was passed unanimously.
KERNSTOWN WATER AND SEWER PROJECT - APPROVED
' Up6n motion made by Donald R. Hodgson and seconded by Dennis T. Cole,
BE IT RESOLVED, By the Board of Supervisors of the County of Frederick that it is the intent of the
County of Frederick to provide both water and sewer serviee to the Rernstown 'Area of Frederick County and to
all facilities located within the jurisdictional area of this Board, and,
° BE IT FURTHER RESOLVED, That this Board does herein direct the Frederick County Sanitaton Authority to
' develop, at all haste, the necessary facilities to carry out the directives of this resolution, and,
BE IT FURTHER RESOLVED, That all interested individuals, firms, corporations and organizations are her
served notice that all water and sewer projects in the area in question mast comply with the directives and
policies as set forth in this resolution.
The above resolution was passed unanimously.
EC CUTIVE SECRETARY - TITLE CHANGE - APPROVED
Upon motion made by Dennis T. Cole, and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the.Board of Supervisors of the County of Frederick does herein approve the title
234 f
change of the Executive Secretary to that of County Administrator as set forth by the State Legislature.
The above resolution was passed unanimously.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
, Board of Supervisors
Chairman, Board of Supervisors
At the Regular Night Meeting of the Board of Supervisors of the County of Freder-
ick, Virginia, held in the County Court House on the 28th day of June, 1972. (Moved from Board
Room due to air - conditioning failure - Notice was posted).
PRESENT: Raymond C. Sandy; Chairman; J. Robert Russell, Vice - Chairman; Dennis T.
Cole; Donald R. Hodgson; and Richard F. Madigan.
The meeting was called to order by Chairman Sandy.
Mr. Sandy stated that the Chair would entertain a motion to waive the minutes of
he June 14th Meeting until the next regular meeting on July 12, 1972.
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
erein waive the reading of the minutes of the Regular Meeting held on the 14th day of June,
972, until the next Regular Meeting to be held on .'July 12, 1972.
The above resolution was passed unanimously.
UTILITY TAX ORDINANCE AMENDMENT
THIRD AND FINAL READING - APPROVED
Mr. Sandy stated that the first order of business would be the third and final
reading of the Utility Tax Ordinance Amendment for approval or disapproval.
Mr. Alderman then read the Utility Tax Ordinance Amendment. Mr. Russell asked if
there was a maximum charge in the ordinance. Mr. Alderman stated that the original ordinance
did have a maximum charge. Mr. Sandy stated that the maximum charge in the original ordinance
had been $10.00 for commercial and $1..00 for residences. Mr. Alderman stated that this had
been the objection to the original ordinance. Mr. Russell stated that he felt the basic ob-
jection was the hardship on people on fixed incomes. Mr. Alderman explained that going from
10% to 4% would balance the charges out until you got into the high users. Mr. Alderman statec
that it was easier on the small user.
Mr. Madigan called for a question.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
herein adopt on third and final reading the following ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE PASSED APRIL 26, 1972, TO
IMPOSE A TAX ON PERSONS IN FREDERICK COUNTY PURCHASING CERTAIN
UTILITY SERVICES, FIXING THE AMOUNT OF TAX, TO PROVIDE REVENUE
FOR THE GENERAL FUND OF FREDERICK COUNTY, AND PROVIDING FOR ITS
COLLECTION.
BE IT ORDAINED by the Board of Supervisors of the County of Frederick, Virginia
that the following amendments and changes are herein made:
Section 1: Section 2, sub - section (A) deleted.
Section 2: Section 2, sub - section (E) deleted.
Section 3: Section 3 is herein amended to read as follows:
"There is hereby imposed and levied by the County of Frederick,
upon each and every purchaser of a utility service, a tax in the
amount of four per cent (4 %) of the charge (exclusive of any
federal or state tax thereon) made by the seller against the
purchaser with respect to each utility service, which tax in
every case shall be collected by the seller from the purchaser
and shall be paid by the purchaser unto the seller for the use
of the County of Frederick at the time the purchase price or
such charge shall become due and payable under the agreement
between the purchaser and the seller."
235
Section 4: Section 5 is herein amended to read as follows:
shall become effective on charges first appearing on
bills rendered on July 1, 1972 and thereafter."
Section 5: Section 9 deleted:
Section 6: Section 11 is herein amended to read as follows:
"This ordinance shall be effective on and after 12:01 A.M., July 1, 1972."
' Section 7. In event that any section, clause or requirement of this ordinance be pro
invalid, such invalidation shall not affect the remainder of this ordinance.
Section 8: This ordinance shall be in full force and effective upon passage.
By recorded vote with Raymond C. Sandy, J. Robert Russell, Donald R. Hodgson and
Richard F. Madigan voting "for" and Dennis T. Cole voting "against" the above resolution was
RESIGNATION - RAYMOND C. SANDY
LORD FAIRFAX PLANNING - DISTRICT - ACCEPTED
Mr. Sandy-stated-that-he had run into some conflict at this time as he was Director of
Civil Defense in the County. He stated that he would like to relinquish his membership on the
Lord Fairfax Planning District in order to put more time into the Civil Defense.Program.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
accept the resignation of Raymond C. Sandy as a member of the Lord Fairfax Planning District.
The above resolution was passed unanimously.
APPOINTMENT - DENNIS T. COLE
MEMBER - LORD FAIRFAX PLANNING DISTRICT
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT- RESOLVED, That the Board of Supervisors of the County of Frederick does herein
appoint Supervisor Dennis T. Cole to serve as a member of the Lord Fairfax Planning District.
The above resolution was passed unanimously.
DAVID G. DICKSON - APPOINTED
DEPUTY COUNTY ADMINISTRATOR
Mr. Sandy stated that David G. Dickson had been recommended for the position of Deputy
County Administrator.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,.
BE IT RESOLVED,That the Board of Supervisors of the County of Frederick does herein
appoint David G. Dickson, Deputy County Administrator.
The above resolution was passed unanimously.
REZONING - BRUMBACK HEIRS - APPROVED
Mr. Alderman presented the application for rezoning of the property owned by the Brum-
back Heirs Inc, and ,e _the.location of the.land, stating the rezoning sought was f
A -2 to B -2 and R -2.
adopted.
APPOINTMENT WELFARE BOARD TAKEN ADVISEMENT
- - UNDER
The appointment to the Welfare Board was discussed. Mr. Alderman read a portion of t
Code pertaining to the number of Board Members who can serve on the Board, stating that it
said that at all tines one member of the local board shall serve on the Welfare Board.
Mr. Clinton Ritter stated that the 'Code could be interpreted differently. He stated
that he was of the opinion that the Code meant one member only. Mr. Ritter suggested that t
Board write to the Attorney General's Office for an opinion before making the appointment.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, --
BE IT RESOLVED, That the Board'o£ Supervisors of the County of Frederick does herein
take under advisement the appointment to the Welfare Board pending an opinion from the Attox
General's Office as to the interpretation of the Code.
The above resolution was passed unanimously.
APPOINTMENT - NON - VOTING MEMBER - SANITATION AUTHORITY
The appointment of a member of the Board of Supervisors to serve as a non- voting memk
on the Sanitation Authority was discussed.
'
Upon motion made by Dennis T. Cole and seconded by J. Robert 1Russe111,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
'appoint Donald R. Hodgson to serve as a non - voting member on the Sanitation Authority.
The above resolution was passed unanimously.
RESIGNATION - RAYMOND C. SANDY
LORD FAIRFAX PLANNING - DISTRICT - ACCEPTED
Mr. Sandy-stated-that-he had run into some conflict at this time as he was Director of
Civil Defense in the County. He stated that he would like to relinquish his membership on the
Lord Fairfax Planning District in order to put more time into the Civil Defense.Program.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
accept the resignation of Raymond C. Sandy as a member of the Lord Fairfax Planning District.
The above resolution was passed unanimously.
APPOINTMENT - DENNIS T. COLE
MEMBER - LORD FAIRFAX PLANNING DISTRICT
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT- RESOLVED, That the Board of Supervisors of the County of Frederick does herein
appoint Supervisor Dennis T. Cole to serve as a member of the Lord Fairfax Planning District.
The above resolution was passed unanimously.
DAVID G. DICKSON - APPOINTED
DEPUTY COUNTY ADMINISTRATOR
Mr. Sandy stated that David G. Dickson had been recommended for the position of Deputy
County Administrator.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,.
BE IT RESOLVED,That the Board of Supervisors of the County of Frederick does herein
appoint David G. Dickson, Deputy County Administrator.
The above resolution was passed unanimously.
REZONING - BRUMBACK HEIRS - APPROVED
Mr. Alderman presented the application for rezoning of the property owned by the Brum-
back Heirs Inc, and ,e _the.location of the.land, stating the rezoning sought was f
A -2 to B -2 and R -2.
236/
Mr. Harry Stimpson, The Contract Purchaser, appeared before the Board and gave a
brief resume of what he intended to do with the property sought to be rezoned. He stated that
he had been active in various phases of real estate since 1942. He said that his aim was to
develop a high quality, well - balanced development that was well balanced between commercial an
residential development so that it would help attract the right kind of industry to the valley
and build up the tax base. He then introduced Mr. Bob Borth, a member of the Architectural
Firm of Walton - Madden and Cooper of Riverdale, Maryland.
Mr. Borth presented several slides, stating that he felt the best way to show the
Supervisors what they desired to do was with films. He showed the area on a Regional Location
Map and pointed out the excellent location of the property in seiationship.to the development
of the County. He then presented a Vicinity Map and pointed out the area sought to be rezoned
and the relationship of the land surrounding it. He stated that their request was really just
filling in the last parcel of the Quadrant in the area. Mr. Borth then presented a slide show
ing the approach to the property on Interstate 81 and pointed out�the unique visibility and ac
cess to Interstate 81. He stated that the site was uniquely suited to residential development
Next he presented slides depicting what the development might look like and stated that they
would maintain as much of the natural beauty of the site as possible.
He stated that they had.checked with the Highway Department and that the roads to
the site were not being used nearly to capacity and he felt the development would not cause
any vehicular hardships on the roadways. He also stated that water and sewer service had also
been discussed with the Sanitation Auttarity and that they would pay their fair share in this
area. He then presented a concept site plan showing the actual type of development they plan
to construct on the property which consisted of 224 Towne Houses, 64 Apartments, 67 Single
Family Units and a shopping center. The Supervisors asked what bedroom capacity the dwelling
would have. Mr. Borth stated that the mimimum bedroom capacity would be two or three bedrooms
and that some of the apartments might have one bedroom. He said that they had not analyzed
the market values so they could not give any finer details at this time. He stated that the
development would be constructed over a 5 to 7 year plan with approximately 50 dwellings being
constructed in the first year and they would follow in a similar increment each year until the
development was complete. Mr. Borth stated that they were interested in serving the needs of
the County and that the dwellings would range from $25,000.00 to $29,000.00. He then presente
slides on the commercial area of the development and stated that they would like to have a 100
unit motel, a grocery store, a drug store and several small neigborhood shops in this center t
serve the residents of the community. Slides showing the type of Towne Houses, Apartments,
Single Family Dwellings and the shopping center were shown with Mr. Borth pointing out the
preservation of the natural beauty in the area. He also presented slides showing the various
recreational facilities that could be developed in the community.. Mr. Borth stated that they
felt the impact the development would have on the County over a period of five years could
bring in $120,000.00 in taxes. He stated that they had worked with the Board of Supervisors
and the Executive Secretary to indicate their sincere desire to pay their fair share for the
necessary schools and recreational needs that this project would bring to bear on the County,
Mr. Cooper appeared before the Board and stated that he was from this area and
had a warm place in his heart for it. He stated that he anticipated doing the type of constru
tion as set forth by Mr. Borth if the project is approved and proceeds.
Mr. Sandy asked Don Krueger of the Sanitation Authority, how long the present
sewage facilities could handle this development at the rate of 50 units per year. Mr. Krueger
answered he felt they could handle the growth at this rate for approximately 1? to 2 years.
Mr. Madigan asked how many children we have in the county schools now. Mr.
Alderman stated that next fall there would be close to 7,000 children in the county schools.
Mr. Sandy asked when the study on the Stephens Run Drainage Area would be back.
Mr. Krueger stated that they had a date of August 29th on the study.
Mr. Russell asked if these dwellings would be for sale or for rent.
Mr. Borth said the single family units and towne houses would be for sale and the
apartments for rent. He stated that there would be eight apartments per unit and the towne
houses would consist of eight units.
Mr. Sandy asked if they anticipated a service station withthe.motel complex and
Mr. Borth stated that they did not at the present time.
Mr. Sandy asked how a 100 unit motel compared with the Holiday Inn in this area
and Mr. Borth stated that it was a little larger than the Holiday Inn.
Mr. Sandy then asked Mr. Cooper to compare the proposed shopping center to one it
this area and Mr. Cooper stated that it would be about the size of the Nichols Shopping Centex
or approximately 60,000 to 70,000 square feet.
Mr. Madigan asked if the contract between the Sanitation Authority and the Brum-
back Heirs, Inc. would become null and void.
237
they?
Mr. Sandy said they were willing to pay their fair share and he felt the Board needed
some control over.how -fast they develop .
Mr. Russell said the Board felt that.with some restrictions the County woad have a
better chance of getting those people employed in the area to locate here.
Mr. Cooper asked if he and his associates might have a short conference. This was
granted and after this conference there was discussion about the restriction clause among
the developers and the Board.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
accept.the recommendation of the Planning Commission and does approve the rezoning of some
9.76 acres from A -2 to B -2 and some 72.42 acres from A -2 to R -2 located at the intersection
' of U. S. I -81 and State Route 277, upon the petition of Harry F. Stimpson.
The above resolution was passed unanimously.
APPOINTMENTS - BOARD OF ZONING APPEALS
Mr. Alderman stated that all the positions, except two, had expired on the Board of
Zoning Appeals and that the Code stated that the Circuit Court would make the appointments.
' He stated that Mr. Whitacre had recommended that two individuals from each magisterial dis-
trict be submitted and that the Court would make the appointments.
Mr. Sandy requested that each supervisor call in and give the Executive Secretary two
names to be submitted to the Judge.
SOIL SURVEY
Mr. Alderman read the response received from the United States Department of Agriculture
Soil Conservation Service, concerning the soil survey for Frederick County which in effect
stated that Frederick County had been placed on the waiting list for such a survey.
Mr. Clinton Ritter, Sr, appeared before the Board and described the problems he had
encountered with perk tests on lots on which he was building. He stated that he was very muck
in support of Frederick County having a soil survey conducted as he felt such a survey would
be most beneficial to builders. He requested the Board to consider proceeding with the serve}
Mr. Alderman stated that the contract purchaser and the Authority would renegotiate the con-
tract.
1
Mr. Madigan asked if the present contract would become null and void and Mr. Borth said
that it would.
Mr. Cole asked Mr. Krueger what the present hook up rate was for lateral hook ups. Mr.
Krueger said that Fredericktowne pays $215.00 total for each lot water and sewer connection.
Mr. Sandy asked if there was any opposition from the floor to this application for re-
'
zoning. There was none.
Mr. Sandy asked for comments from the Board.
Mr. Madigan moved that the Board recess to Executive Session. Thus, the Board recessed
into Executive Session.
Following the Executive Session, Chairman Sandy called the meeting to order.
Mr. Sandy stated that the Board of Supervisors had prepared a resolution and Mr. Madiga
'
read the resolution which stated that the rezoning to B-2 be granted and the request to rezon
from A -2 to R -2 be granted with the restriction that 50 units per year be built until such
time that the Board so determines that the tax base so determines a balanced tax load. "
Mr. Sandy stated that the concern of the Board was the load on the school systems. He
stated that there were two schools on the drawing boards now and if the project were complete
quickly, it would fill one school completely.
Mr. Madigan stated that the restriction was made because of the increased cost to the
County by this development.
Mr. Alderman stated that the industrial development of the County would help maintain
the tax rate at a constant, so that the industry would help counteract the increased load.
Mr. Cooper asked if in the event they were to build 30 units one year, could they then
build 70 the next year. Mr. Sandy said as long as the construction averaged out to 50 per
year, this would be permissable.
Mr. Rudolph stated his objection to the restriction in that he felt the County not only
needed industry but also needed people to locate here to balance the tax rate.
Mr. Russell said that the Board was giving the developers what they asked for.
'
Mr. Rudolph asked what-if they come in here and do well and need to construct 100 more
units.
Mr. Sandy said then we will do it. We are contemplating some industry locating here no
Mr. Rudolph said the developers are willing to pay for water and sewer service aren't
they?
Mr. Sandy said they were willing to pay their fair share and he felt the Board needed
some control over.how -fast they develop .
Mr. Russell said the Board felt that.with some restrictions the County woad have a
better chance of getting those people employed in the area to locate here.
Mr. Cooper asked if he and his associates might have a short conference. This was
granted and after this conference there was discussion about the restriction clause among
the developers and the Board.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
accept.the recommendation of the Planning Commission and does approve the rezoning of some
9.76 acres from A -2 to B -2 and some 72.42 acres from A -2 to R -2 located at the intersection
' of U. S. I -81 and State Route 277, upon the petition of Harry F. Stimpson.
The above resolution was passed unanimously.
APPOINTMENTS - BOARD OF ZONING APPEALS
Mr. Alderman stated that all the positions, except two, had expired on the Board of
Zoning Appeals and that the Code stated that the Circuit Court would make the appointments.
' He stated that Mr. Whitacre had recommended that two individuals from each magisterial dis-
trict be submitted and that the Court would make the appointments.
Mr. Sandy requested that each supervisor call in and give the Executive Secretary two
names to be submitted to the Judge.
SOIL SURVEY
Mr. Alderman read the response received from the United States Department of Agriculture
Soil Conservation Service, concerning the soil survey for Frederick County which in effect
stated that Frederick County had been placed on the waiting list for such a survey.
Mr. Clinton Ritter, Sr, appeared before the Board and described the problems he had
encountered with perk tests on lots on which he was building. He stated that he was very muck
in support of Frederick County having a soil survey conducted as he felt such a survey would
be most beneficial to builders. He requested the Board to consider proceeding with the serve}
t
233
as soon as- possible.
Mr. Russell advised Mr. Ritter that Frederick County is now on a waiting list to
have such a survey conducted here.
Mr. Sandy stated that the Board would take Mr. Ritter's request under advisement.
CORRECTION TO BOARD MINUTES OF JUNE 10, 1968
Mr. Alderman stated that he had received a request from W. A. Johnston, Attorney, '
for a correction to the minutes of June 10, 1968 concerning the rezoning of property owned by
John von Sneidern, Philip B. Glaize and Fred L. Glaize, III located on the West side of Route
11 and the North side of Route 661 (Welltown Pike) from M -1 to B-2. He presented reference
material showing the error to be in all probability a typographical error when the minutes were
entered into the Minute Hook as being rezoned from M -1 to B-1 instead of M -1 to B -2. Mr. Whit-
acre attested to the minutes as being in his handwriting. ,
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
herein approve the correction to the minutes of June 10, 1968, with respect to the rezoning of
six acres of land on the west side of Route 11 and the North side of Route 661 (Welltown Pike)
owned by John von Sniedern, Philip B. Glaize and Fred.L. Glaize, III, said land being rezoned
from M -1 to B -2 and not M -1 to B -1 as set forth in said minutes
The above resolution was passed unanimously.
JOINT MEETING WITH SANITATION AUTHORITY
AND INDUSTRIAL DEVELOPMENT AUTHORITY SET
Mr. Alderman stated that the Industrial Development Authority was ready to presen
recommendations to the Board and have requested a joint meeting with the Board and the Sanita-
tion Authority.
The meeting was set for July 12, 1972, at 7:00 P.M. at Duffs Rebel.
BUDGET ADJUSTMENTS - FY 1871 -72 - APPROVED
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, ,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
in approve the following budget adjustments for Fiscal Year 1971 -1972:
Total $66,343.21 $66,343.21
The above resolution was passed unanimously.
JOINT MEETING - WINCHESTER CITY COUNCIL ,
AND FREDERICK COUNTY BOARD OF SUPERVISORS
Mr. Alderman stated that on July 20, 1972, there would be a joint meeting with the
chester City Council and the Frederick County Board of Supervisors. He stated that notices
ld be sent to each of the Supervisors with pertinent data on this meeting and the joint
ting with the Sanitation Authority and the Industrial Development Authority.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO
ADJOURN.
Secritary, Board of Supervisors. Chaikfhan, Board of Supervisors.
Transfer From
Transfer To
10 -01OG -241
10,000.00
1 -OOIA -319
$ 1,681.48
i8 -018C -231
7,000.00
1 -OOIF -109
3,477.89
18 -018C -297
7
1 -OO1F -214
1,631.33
19 -014A -000
42
1 -OO1F -319
3
1 -OO1G -109
228.57
2 -002A -109
1,634.36
8 -008D -225
6
B- 008E -103
375.00
13 -013A -100
237.50
13 -013A -209
150.00
13 -013A -210
302.93
13 -013B -102
1
13 -013B -109
173.71
13 -013B -319
1,315.12
14 -014A -207
1,158.71
15- 015A -226A
376.74
18 -018D -299
28,805.00
18- 018E -299D
13
1 -OO1C -200
67.80
1 -OO1G -220
136.27
1 -OO1G -218
24.00
'
1 -OO1G -319
.50
Total $66,343.21 $66,343.21
The above resolution was passed unanimously.
JOINT MEETING - WINCHESTER CITY COUNCIL ,
AND FREDERICK COUNTY BOARD OF SUPERVISORS
Mr. Alderman stated that on July 20, 1972, there would be a joint meeting with the
chester City Council and the Frederick County Board of Supervisors. He stated that notices
ld be sent to each of the Supervisors with pertinent data on this meeting and the joint
ting with the Sanitation Authority and the Industrial Development Authority.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO
ADJOURN.
Secritary, Board of Supervisors. Chaikfhan, Board of Supervisors.