August 09, 1972 to September 25, 1972247
At the Regular Meeting of the Board.of Supervisors of the County of Frederick, Virginia,
held in the Supervisors' Room on the 9th day of August, 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Richard F. Madi-
gan; Donald R. Hodgson; and Dennis T. Cole.
The meeting was called to order by Chairman Sandy.
' The minutes of the Regular Meeting held on the 12th day of July, 1972, were read and ap-
proved upon motion made by Richard F. Madigan and seconded by J. Robert Russell.
FAIR WEEK - DECLARED BY BOARD
Mr. Sandy signed a proclamation declaring the week of September 4 - 9, 1972, Fair Week
for the Frederick County Youth Fair.
Mr. Alderman purchased the first ticket to the fair from an F. F. A. Student.
' ACCOUNTS PAYABLE - APPROVED
Mr. Alderman requested reimbursement in the amount of $144.48 to the Gore Fire Company,
said amount representing the difference between the funds raised and the funds spent for a
refuse container.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, the above reim-
bursement to Gore Fire Company in the amount of $144.48 was unanimously approved and ordered
to be paid.
Mr. Boyd presented the accounts payable for the month of July. Therefore, accounts
totaling $43,815.19 were read and approved and ordered to be paid from the General County
Fund by Warrants #00945 through #01064 inclusive.
The accounts payable were approved upon motion made by Richard F. Madigan and seconded
by J. Robert Russell.
JULY PAYROLL - APPROVED
Payrolls totaling $18,147.22, paid from the General County Fund by Warrants #00891
through #00944 inclusive; and payroll totaling $300.00, paid to Samuel Thomas, Sr. by War-
rants #00876 through #00879 and Warrants #00883 through #00886, were read and approved upon
motion made by Richard F. Madigan and seconded by J. Robert Russell.
' PARKS AND RECREATION
ACCOUNTS AND PAYROLL - APPROVED
Accounts totaling $3,650.84 for Parks and Recreation, paid by Warrants #05222 through
#05240 were read and approved upon motion made by Richard F. Madigan and seconded by J. Roberi
Russell.
Payrolls in the amount of $
totaling $300.00, paid to Samuel
#05218 through # 05221, were read
seconded by J. Robert Russell.
Donald R. Hodgson submitted
for consideration by the Circuit
Shawnee - H. B. Crim
1,581.66, paid by Warrants #05191 through #05213 and payroll
Thomas, Sr. by Warrants #05214 through #05217 and Warrants
and approved upon motion made by Richard F. Madigan and
ZONING APPEALS BOARD
the names of the following individuals from Shawnee District
Court for appointment to the Zoning Appeals Board:
- Arthur Dunlap, Jr.
STUDY OF COUNTY BUILDING NEEDS - APPROVED
Mr. Alderman gave a brief resume of the County Buil - ding Needs and stated that the recomm
' mendations made were for authorization to apply for HUD funding for planning for the develop-
ment of a preliminary study.
Mr. Sandy stated that the Courts were not adequate for the case loads carried and variou
other offices were overcrowded including the Clerk's Office. He stated that this study would
indicate what the County needs, where it should be located, how it should be constructed and
how it should be utilized. He further stated that the State would correct the Jail facility.
' 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
authorize the County Administrator to make application to the Department of Housing and
Urban Development for necessary planning funds for the development of a preliminary study of
County facilities as to the needs and to various means of obtaining solutions to these needs.
The above resolution was passed unanimously.
Mr. Alderman explained that recommendation >was made for authorization to execute an agre
ment with Mr. Keith Williams to make this study.
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
authorize the signing of an agreement with Mr. Keith Willaims to conduct a preliminary study
of County Building needs and to develop recommendations as to the most feasible meand of
obtaining solutions to these needs.
The above resolution was passed unanimously.
REFUSE COLLECTION POINT SYSTEM - APPROVED
Mr. Alderman stated that pursuant to the Board's request, bids had been obtained
for the operation of the refuse collection point system. He stated that eighteen bids were
received on the contract operation -and six on equipment rental and based on the cost
developed by the - County Engineering Department, it.was recommended that County operation be
obtained on a one year experimental basis with rental equipment. He stated that the cost
difference between County operation 'and contract operation would be between $30,000.00 and
$40,000.00.
Mr. Jim Wilson asked what it would cost per year.
Mr. Alderman stated between $32,000.00 and $34,000.00 per year and this.included
cleaning up the roadside - dumps.
. Mr. Wilson asked if it was a one man, one truck operation and Mr. Alderman said
that it was.
Mr. Wilson stated that he felt two trucks and two men would be needed and could
do the job better.
Mr. Wilson asked.what:_would be done with the materials around the containers that
were too large to be put into the truck.
Mr. Alddrman stated that the County would eventually get to a system where some
type of collection point, which could be screened in, would be set aside for large items -to be
kept.
Mr. Wilson stated that he felt that private enterprise could do the job at a
price that would be as feasible as the County could rent equipment. He stated.that he felt
there were costs the''COUnty was not aware of, such as insurance on the truck.
Mr. Alderman stated that the addition of one truck to fleet insurance would not
raise the premium that much. He further stated that the - County could obtain PEP funds for the
truck driver.
Mr. Russell stated that the system would be on a one year experimental basis.
Mr. Wilson asked if it would then come out for a contract or reassessment.
Mr. Alderman stated that after one year's use, the Board would decide whether to
continue the system under County Operation, or place it under contract operation or abolish
the system all together.
Mr. Madigan stated that he felt the County should.be given the chance to clean
up; that we keep on talking about.cleaning up but continue to use the county dumps. He said
that he understood that there were 90 dumps in the county and described the location of one on
the side of a mountain in Back Creek District. Mr. Madigan then discussed the 1_pollution'
by these dumps and the unsanitary conditions they.created. He cited the location of a refuse
container in the Gore area and the noticeable difference it had made in the area. He stated
that the Highway Department spends $15,000.00 per year cleaning.up the roadside dumps and if
this could be curtailed, these funds could be used to repair the secondary roads. He stated
that personally he was in favor of the system and would think more about the method but would
like to see the County try it on a one year experimental basis with the idea of educating the
people and instilling self -pride in them for the County. He stated that he was also intereste(
in the free enterprise system because he felt that was what made this country great. He state(
that he would like to see the containers placed in such positions in the county that it would
not affect the free enterprise agent.
Mr. Apperson expressed concern because he felt the service would be received by
only a few but all the people would have to pay for it.
Mr. Sandy stated that he was perhaps the hardest member of the Board to con-
vince that this system was necessary, but after seeing the atrocious condititnn of these dumps
he was in favor of it.
Mr. Madigan stated that the people in the remote areas of the County receive ver,
few services for their tax dollars whereas the people in and around the hub of Winchester bene-
fit much more from their tax dollars and he felt that this system might be one way to compen-
sate these citizens for their tax dollars.
Mr. Alderman described the variance of the prices of the bidders and the equip-
ment and services rendered by them. He stated that after consideration of all the bids the
Dipsty - Dumpster Company was recommended because their equipment was better.
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, By the Board of Supervisors of the County of Frederick that the
County will establish and operate, through the Department of Engineering, a refuse collection
point system for the rural areas of the County on a one year experimental basis, and,
BE IT FURTHER RESOLVED, That the County Administrator is authorized to enter int
an agreement with for the lease - purchase of the necessary equipment t
operate said system.
The above resolution was passed unanimously.
L
249
AUTHORIZATION TO REQUEST STATE LOANS - FOR PROPOSED
SCHOOL CONSTRUCTION PROJECTS — APPROVED
Dr. Melton Wright appeared before the Board and requested approval of a resolution author
izing the Frederick County School Board to borrow $- 601000'from the Literary Fund of Virginia
for construction of the elementary school on Apple Pie Ridge and renovations to James Wood.
Dr. Wright stressed the importance-of adopting this resolution now in order to have Frederick
' County placed on the priority list for these funds. He stated that the firm of Hayes, Seay,
Mattern and Mattern had been employed as architectural consultants on these projects.
As provided by State Law a certified copy of a resolution of the School Board to con-
tract with the Board of Trustees of the Literary Fund to borrow necessary funds was presented
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia:
' 1. The resolution of the County School Board, a copy of which is attached hereto, and
marked Exhibit A, be and the same is hereby approved, and the County School Board is authorize
to negotiate an agreement with the Literary Fund of Virginia for the borrowing from said Fund
of Seven Hundred Fifty Thousand Dollars (S750,000.) for the purpose of constructing.a County
elementary school on Apple Pie Ridge in Frederick County.
2. This resolution shall take effect immediately.
By recorded vote with Raymond C. Sandy, J..Robert Russell, Richard F. Madigan, Donald R.
Hodgson and Dennis T. Cole all voting "for" the above resolution was passed unanimously.
HICKORY STREET IMPROVEMENTS - APPROVED
Mr. Thomas Place, representing the residents of Hickory Street, appeared before the
Board requesting a waiver of $275.00 for improvements to Hickory Street since the residents
have raised a total of $4,225.00 of the $4,500.00 required.
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 the County
does:waive._$275.00 required to be paid by the residents of Hickory Street, Gainesboro District
and,
BE IT FURTHER RESOLVED, That said residents have raised $4, 225.00 of the required
'
$4,500.00.
The above resolution was passed unanimously.
HAROLD WHITACRE - REAPPOINTED DOG WARDEN - APPROVED
Mr. Alderman stated that the term of the Dog Warden had expired and recommended that
Harold Whitacre be reappointed to this position for a four year term.,
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
reappoint Harold Whitacre as Dog Warden of Frederick County for a term of four (4) years.
The above resolution was passed unanimously.
REPORT - HIGHWAY DEPARTMENT - MR. KING
Mr.. King appeared before the Board and presented his report. Mr. Sandy introduced
Mr. King to the audience and stated that he would listen to any complaints at that time.
Three citizens talked with.Mr. King concerning a road in their section of the County.
DAV -MAR `TILLAGE SUBDIVISION PLAT - APPROVED �
Mr. Bass appeared before the Board and presented the plat of Dav -Mar Village Subdivision
Plat for approval.
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
'
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the plat of Dav -Mar Village Subdivision with the condition that provisions made
for 10% for recreation with the County requesting compensation in place of land.
Theaabove resolution was passed.unanimously.
REQUEST FOR COMPREHENSIVE WATER SYSTEM STUDY - APPROVED
Mr. Alderman stated that several engineering firms had been contacted in relation to
'
this study with a decision being made on the firm of Hayes, Seay, Mattern and Mattern and the
Board must decide whether or not to proceed with the study.
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
authorize the County Administrator to sign on behalf of theCCounty a contract with the firm of
Hayes, Seay, Mattern and Mattern'for the conduction of a comprehensive water system study for
the County of Frederick.
The above resolution was unanimously approved.
FY 72 -73 BUDGET CORRECTIONS - APPROVED
Upon motion made by Richard F. Madigan and seconded by T: Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does.herein
make the following corrections to the FY 72 -73 Budget Summary:
250
0
herein approve the following trailer permits:
1.
Frank V. Sherwood, Jr.
Miscellaneous - $60,292.00
Rilley
Should Read - $65,950.00
West side
of Rt. 522 S - Opequ
Capital Outlay - $192,681.00
Route 50 W
5. Mr. Alvin
Should Read - $192,691.00
2.
Earl Campbell
Fund Total Should
Be Changed to Read - $1,241,142.10
The above resolution was passed unanimously.
'
AUTHORIZATION OF WORK AT LANDFILL - APPROVED
5 miles off Route 608
Mr. Alderman stated that it,was: recommended that.-due to the.studies• made, the
necessary steps be taken to put out the fire at the landfill,
- APPROVED
Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole,
Alderman discussed the urban oriented services
to the
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
herein approve and authorize the necessary work at the Sanitary Landfill that.is needed in
'
order to extinguish an underground fire.
The above resolution was passed unanimously.
AUTHORIZATION OF ELECTRICAL WORK - COURT HOUSE - APPROVED
Mr. Alderman stated that Mr. Webber had discovered that electrical work was
needed in the Court House immediately due to the condition of the wiring and the fuse boxes.
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
herein authorize emergency measures.to be taken for the correction of the Electrical system
in the Court House, and,
BE IT FURTHER RESOLVED, That due to the emergency nature of the situation and
the fact that the necessary bids could not be obtained, the work will be awarded to Blue and
Gray Electrical Service.
The above resolution was passed unanimously.
SUPPLEMENTAL APPROPRIATION - SHERIFF'S DEPARTMENT - APPROVED
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
'
herein approve a supplemental appropriation to the Sheriff's Department Budget in the amount
of $1,620.66.
The above resolution was passed unanimously.
REZONING - M. W. AND G. E. PERRY - APPROVED
Mr. Alderman stated that the petition of M. W. and G. E. Perry to rezone this
property had been approved by the Planning Commission.
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board.of Supervisors of the County of Frederick does
herein approve the rezoning of that certain tract of land containing 158 acres more or less,
of M. W. and G. E. Perry, situate in Back Creek Magisterial District, lying west of U. S.
Route 11 and bounded on the east by the B & 0 Railroad near Kernstown from Agricultural (A -2)
to Industrial (M -1).
The above resolution was passed unanimously.
INDUSTRIAL DEVELOPMENT POLICY
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 wishes
to go on record in support of the efforts of the Frederick County Industrial Development Author-
'
ity and the Development Corporation „ and
BE IT FURTHER RESOLVED, That it is the desire of this Board to maintain'a balanced
and sound economic base in the Frederick - Winchester area.
The above resolution was passed unanimously.
TRAILER PERMITS - APPROVED
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
herein approve the following trailer permits:
1.
Frank V. Sherwood, Jr.
4. Geneva R.
Rilley
Lincoln Estates - Lot 12
West side
of Rt. 522 S - Opequ
Route 50 W
5. Mr. Alvin
Long
2.
Earl Campbell
Route 600 N - Gainesboro
3.
Victor Riggleman
5 miles off Route 608
PRESENTATION OF SANITARY DISTRICTS
- APPROVED
Mr.
Alderman discussed the urban oriented services
to the
people of Frederick
County offered through Sanitary Districts. He described the basic requirements for Sanitary
251
Districts and stated that the objective was to present the question to the people to see if
they wanted these services. He described.the types of services rendered under Sanitary
Districts and stated that these services.would be paid for by a sur -tax on the property taxes
of the people receiving the services. He stated that the proposal would be presented to the
people through community meetings, fact sheets and the news media, and that the Circuit Court
' would make the ultimate decision upon petition of fifty (50) qualified voters inthe area.
Mr. Jim Wilson asked what percentage of the people would have to vote for it.
Mr. Alderman stated that the Code only requires fifty (50) qualified voters, but that the
Board would desire a 60% to 70% vote.
Mr. Wilson raised the question as to whether or not an individual would be required to
use these services and Mr. Alderman said that any individual desiring to be omitted could
petition the Court for such ommission.
Mr. Cole stated that he had received numerous complaints concerning water problems in
his District.
Business (B -2) 1.958 acres.
Parcel No. 3 .- Contains 18.362 acres and is located on the north
side of Virginia Route 277, bounded on the -east by Athey and Orndoff,
on the north by Fredericktowne Company, on the west by Fredericktowne
Company and Hall. Land is rezoned from Agricultural (A -2) to Residential
(R -2).
Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
present to the people of Frederick County for their consideration a proposal to create three
(3) Sanitary Districts in the County, and,
BE IT FURTHER RESOLVED, That the objective of this action is to enable the County,to hav
the means to provide needed basic urban services to those areas that need such services, at
the same time not taxing the overall population for services not received.
The above resolution was passed unanimously.
FORT COLLIER FARMS - REZONING - APPROVED
Mr. Henry Whiting appeared before the Board representing Fort Collier Farms and describe
the location of the property sought to be rezoned. He stated that they felt M -2 zoning was
the best use of the land and it was compatible to the area. He stated that this was the first
opportunity available to concentrate M -2 areas.
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
'
approve the rezoning of Fort Collier Farms, Inc. and Mary S. Ives to rezone a tract a land
containing 45.345 acres, situated in Stonewall Magisterial District, bounded on the east by
the Pennsylvania Railroad, on the north by the Lenoir City Co., Inc. and Fruit Hill Orchards,
Inc., on the west by D. Grim and on the south by J. D. Shockey, from Agricultural (A -2) to
to Industrial (M -2).
The above resolution was passed unanimously.
REZONING - JAMES L. AND MARY J. BOWMAN - APPROVED
Mr. James Bowman appeared before the Board and requested rezoning.on four parcels of
real estate.
Mr. Sandy asked, concerning the 1.305 acre parcel sought to be rezoned M -2•; why such
rezoning was requested when the business was already in operation.
Mr. Bowman answered that under the new Building Inspector and the Building Code Ordinance
if anything should happen such as a fire, it would be virtually impossible to rebuild.
There was discussion between Mr. Sandy and Mr. Bowman as to whether or not Mr. Bowman
was required to have county stickers on his trucks. Mr. Bowman stated that he did not feel
'
this was relevant to the rezoning and Mr. Sandy stated that all he wanted to know was whether
or not this was in fact a terminal. Mr. Bowman said that it was.
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 following rezoning upon application of James L. and Mary J. Bowman of land situate
in Opequon Magisterial District:
Parcel No. 1 - Contains 3.617 acres, is located at the southeast corner of
the intersection of Virginia Routes 277 and 641. Land is rezoned from
Agricultural (A -2) to Industrial (M -2) 1.305 acres and Business (B -2)
2.312 acres.
Parcel No. 2 - Contains 2.762 acres and is located at the northwest
corner of the intersection of Virginia Routes 277 and 1018. Land
is rezoned Agricultural (A -2) to Residential (R -2) 0.804 acres and
Business (B -2) 1.958 acres.
Parcel No. 3 .- Contains 18.362 acres and is located on the north
side of Virginia Route 277, bounded on the -east by Athey and Orndoff,
on the north by Fredericktowne Company, on the west by Fredericktowne
Company and Hall. Land is rezoned from Agricultural (A -2) to Residential
(R -2).
252
Parcel No. 4 - Contains 0.307 acres and is more particularly
described as Lot 10, Beverly Subdivision and is located on the
west side of U. S. Route 11, bounded on the north by.Shyrock and
on the west and south by Beverly'Subdivisi6n. Land is rezoned
from Agricultural (A -2) to Business (B -2).
The above resolution was passed unanimously.
COMPLAINT - DISAPPROVAL OF SEPTIC SYSTEM
TAKEN UNDER ADVISEMENT
A citizen appeared before the Board and presented a complaint, stating that her
septic system had recently failed and upon her request to put in a new drain field, the Health
Department will not approve it.
Mr. Sandy said that the Board would take the,matter under advisement.
REPORT - DIRECTOR OF INSPECTIONS
Mr. Blair Webber appeared before the Board and presented the following report
covering the period from July 12, 1972 through August 9, 1972:
Building Permits Issued 62
Amount of Permits Issued $1,003,038.50
Fees from permits Issued 2,385.20
Number of Inspections Made 61
PURCHASE - CLEARBROOK PARK AND WATER AND SEWER SYSTEM - APPROVED
The fees to be charged at the park were discussed with the decision being made
to operate the Park for the rest of the summer free of charge and either placing a general
admission fee or separate fees on the facilities within the park next year. The creation of
other parks throughout the County was discussed and the Board stated that they were working
on this at the present time.
Mr. Alderman gave a breakdown of the operational cost and the projected revenues
of the Park.
The water and sewer system was discussed and Mr. Alderman stated that the Board
felt the water system could service the Stephenson, Clearbrook and Brucetown areas and that th<
sewer system would service only the park.
Mr. Cole stated that there was a great.volume of water there and the water sys-
tem could be enlarged. He described the lay out of the park and its easy accessibility to the
people of Frederick County. He stated that he felt it was a good buy and the people in his
District were in favor of purchasing the park.
The question was raised as to whether there would be baseball diamonds in the
park and Mr. Fletcher said they plan to have a Little League Diamond and Soft Ball Fields in
the Park.
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
herein approve the purchase from Clearbrook Woolen Co., Inc. the following facilities at the
prices indicated:
Park ----------------------------------------- $80,000.00
Water and Sewer System ----------------------- $85,000.00 and,
BE IT FURTHER RESOLVED, That the County Administrator is authorized to sign an
agreement of purchase and deed in behalf of the County.
The above resolution was passed unanimously.
BUDGET TRANSFER - APPROVED
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, By the Board of Supervisors of the County of Frederick that the
following Budgetitransfers are approved:
$165,000.00 from 10- 1OH -902B to 19- 018E -600.
The above resolution was passed unanimously.
TAX REFUND - EMMETT SCOTHORN - APPROVED
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does
approve on the recommendation of the Commissioner of Revenue, the refund of vehicle license
tax in the amount of $9:50 to Emmett Scothorn.
The above resolution was passed unanimously.
INSURANCE 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 award to The Schutte Corporation, an interim contract to develope a satisfactory insur-
J
ance program for the County.
The above resolution was passed unanimously.
253
At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia,
held in the Supervisors' Room on the 13th day of September, 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Richard F. Madigz
Donald R. Hodgson; and Dennis T. Cble.
The Chairman called the meeting to order.
The reading of the minutes of the meeting held on the 9th day of August, 1972, was wai
upon motion made by Dennis T. Cole and seconded by Richard F. Madigan.
ACCOUNTS PAYABLE - APPROVED
Mr. Boyd presented the accounts payable for August. Therefore, accounts totaling
$30,545.79 were read and approved and ordered to be paid from the General County Fund by
Warrants #01121 through #01248 and accounts totaling $10,377.46 for Parks and Recreation
were read and approved and ordered to be paid from the Parks and Recreation Fund by Warrants
'
1125 through #58.
The accounts payable were approved upon motion made by Richard F. Madigan and seconded
1 by Dennis T. Cole.
AUGUST PAYROLL - APPROVED
Payrolls totaling $19,086.09, paid 'from the General County Fund by Warrants #01066
through #01119 and payrolls totaling $3,891.66 for Parks and Recreation, paid from the Parks
and Recreation Fund by Warrants #1 through #24 were read and approved upon motion made by
Richard F. Madigan and seconded by Dennis T. Cole.
KENNELWORTH PROPERTY
Roger Koontz, representing the Stonewall Ruritan Club, appeared before the Board
stating that they felt there was a tremendous need for this property and that the terms of
the Will justified investigation. He stated that he felt the Board, as representatives of
the people of Frederick County, should intervene to stop the sale of this property until the
terms of the Will could be investigated.
John Wolfe, representing the Frederick County Extension Service, appeared before the
Board stating that he felt it was the intent of the will that this property be held for use
by the youth of Frederick County.
' Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
direct that legal steps be taken to obtain an injunction against the Commercial and Savings
Bank to stop the sale by said institution, acting as executor, of the Estate of Charles R.
Anderson, and,
BE IT FURTHER RESOLVED, That this action is taken in order to allow the County Board
' additional time to determine whether said Board as representatives of the people, has legal
and proper responsibility to intervene in the interest of the public.
The above resolution was passed unanimously with Mr. Russell being absent from the
room at the time of the vote.
UNISIL CORPORATION - APPLICATION FOR
INDUSTRIAL ACCESS ROADS - APPROVED
Mr. Madigan stated that''the Unisil Corporation, located in Gore, Back Creek District,
is planning a 4h to 5 million dollar addition to their present plant. He stated that this
addition will increase the tax revenue received by the County tremendously and that productio
will be approximately 5 times its present rate. He explained that the road leading to the
plant was in very poor condition -md cited the various problems encountered by the plant
because of the condition of this road. Mr. Madigan stated that industrial access funds were
available and requested the Board to pass a resolution giving this plant permission to apply
for such funds.
CATHER LOTS - APPROVED
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the three (3) lots belonging to Clarence E. Cather located on U. S. Route 50, Back
Creek District.
The above resolution was passed unanimously..
'
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW
ADJOURN.
Sec etary, Board of Supervisors Chairm Board of Super 'sors
'
At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia,
held in the Supervisors' Room on the 13th day of September, 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Richard F. Madigz
Donald R. Hodgson; and Dennis T. Cble.
The Chairman called the meeting to order.
The reading of the minutes of the meeting held on the 9th day of August, 1972, was wai
upon motion made by Dennis T. Cole and seconded by Richard F. Madigan.
ACCOUNTS PAYABLE - APPROVED
Mr. Boyd presented the accounts payable for August. Therefore, accounts totaling
$30,545.79 were read and approved and ordered to be paid from the General County Fund by
Warrants #01121 through #01248 and accounts totaling $10,377.46 for Parks and Recreation
were read and approved and ordered to be paid from the Parks and Recreation Fund by Warrants
'
1125 through #58.
The accounts payable were approved upon motion made by Richard F. Madigan and seconded
1 by Dennis T. Cole.
AUGUST PAYROLL - APPROVED
Payrolls totaling $19,086.09, paid 'from the General County Fund by Warrants #01066
through #01119 and payrolls totaling $3,891.66 for Parks and Recreation, paid from the Parks
and Recreation Fund by Warrants #1 through #24 were read and approved upon motion made by
Richard F. Madigan and seconded by Dennis T. Cole.
KENNELWORTH PROPERTY
Roger Koontz, representing the Stonewall Ruritan Club, appeared before the Board
stating that they felt there was a tremendous need for this property and that the terms of
the Will justified investigation. He stated that he felt the Board, as representatives of
the people of Frederick County, should intervene to stop the sale of this property until the
terms of the Will could be investigated.
John Wolfe, representing the Frederick County Extension Service, appeared before the
Board stating that he felt it was the intent of the will that this property be held for use
by the youth of Frederick County.
' Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
direct that legal steps be taken to obtain an injunction against the Commercial and Savings
Bank to stop the sale by said institution, acting as executor, of the Estate of Charles R.
Anderson, and,
BE IT FURTHER RESOLVED, That this action is taken in order to allow the County Board
' additional time to determine whether said Board as representatives of the people, has legal
and proper responsibility to intervene in the interest of the public.
The above resolution was passed unanimously with Mr. Russell being absent from the
room at the time of the vote.
UNISIL CORPORATION - APPLICATION FOR
INDUSTRIAL ACCESS ROADS - APPROVED
Mr. Madigan stated that''the Unisil Corporation, located in Gore, Back Creek District,
is planning a 4h to 5 million dollar addition to their present plant. He stated that this
addition will increase the tax revenue received by the County tremendously and that productio
will be approximately 5 times its present rate. He explained that the road leading to the
plant was in very poor condition -md cited the various problems encountered by the plant
because of the condition of this road. Mr. Madigan stated that industrial access funds were
available and requested the Board to pass a resolution giving this plant permission to apply
for such funds.
254
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does
herein approve the application of Unisil Corporation for industrial access funds for the im-
provement of State Route 632.
The above resolution was passed unanimously.
MEMORIAL - WILLIAM L. THOMPSON, SUPERVISOR
SHENANDOAH COUNTY,VIRGINIA
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Frederick County Board of Supervisors, Frederick County, Virginia
do express their sympathy to the family of Central District Supervisor William L. Thompson,
of Shenandoah County, Virginia, to the Board of Supervisors of Shenandoah County, Virginia and
to the people of Shenandoah County, in their loss of this devoted husband, father and valuable
public servant, and,
BE IT FURTHER RESOLVED, That this Board do now arise and join together in prayer in ob-
servance of the loss of this dedicated man:
Eternal God, Thou givest life and now you have received it unto yourself again. We thank
you for this beloved servant, his wise counsel and his devotion to mankind. Keep him close
and near and dear to Thee. In Christ's name we pray. Amen.
The above resolution was passed unanimously.
REPORT - OPERATION OF SCALE SYSTEM
Mr. Alderman stated that the fiscal year is almost over and gave the following report:
In 1970 the County had to pay 36.72% of the operational cost out of tax funds; in 1971
the County had to pay 36.21 %; and in 1972 the County had to pay 20.88 %.
He stated that the savings to the general tax digest had been made due to the use of the
scale system.
WOODEN FOUNDATION TECHNIQUE - APPROVED
Mr. Alderman stated that a question had arisen concerning the acceptability of wooden
foundations being used in construction in the County and that an opinion had been solicited
from the American Insurance Association. The opinion received from the American Insurance
Association stated that this building technique is acceptable along with various testing
procedures. There was some discussion as to whether the County should accept this building
technique or amend the Ordinance.
Mr. Ambrogi stated that this opinion was really an interpretation of what the County had
already passed.
Mr. Webber, Frederick County Building Inspector, requested that the Board pass a resolu-
tion as to whether or not this technique would be accepted in the County.
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
recognize the opinion of the American Insurance Association as to the acceptability of wooden
foundations, subject to proper testing as prescribed by the Association.
By recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan, and Dennis
T. Cole , vo.ting: "for" and'-Donald R. Hodgson voting "against" the above resolution was passed.
DR: WILLIAM HATFIELD, DIRECTOR - HEALTH DEPARTMENT
INTRODUCED TO BOARD
Mr. Roy Williams introduced Dr. William Hatfield, Director of the Frederick County -
Winchester Health Department to the Board.
Dr. Hatfield stated that he was very happy to be in Frederick County and Winchester and
that he was here to help in any way possible.
POSITION CLASSIFICATION STUDY - APPROVED
Mr. Alderman recommended that the Board pass a resolution requesting the State Department
of Personnel to develop a position classification system for the County to go into effect in
FY 73 -74.
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
request the State Department of Personnel to conduct a position classification study for
Frederick County and develop a comprehensive Position Classification System.
The above resolution was passed unanimously.
S TATE ADMINISTRATION OF COUNTY TAGS
STUDY COMMITTEE APPROVED
Commissioner of Revenue, Eston O. Rudolph, presented the Board with a proposal by the
State in which the sale of County Tags would be'conducted by the Division of Motor Vehicles.
It was suggested that a Study Committee be appointed to review this matter.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell.
255
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
appoint Eston 0. Rudolph, Dorothy Keckley, and James Boyd to a Special Committee to study the
desirability of state administration of County Tags.
The above resolution was passed unanimously.
STUDY - TAX RELIEF FOR THE AGED - APPROVED
Mr, Rudolph presented his recommendation for Tax Relief for the Aged to the Board and
' stated that this was approved at the last session of the General Assembly. He cited the pro-
visions required to receive this assistance; the combination of $7,500.00 income or a $20,000.00
piece of property. He further stated that he had varied the requirement of 1 acre to 3 acres.
Mr. Rudolph stated that Richmond and Fairfax were using this system quite well. He said that
at this time there, was no idea how many people would.be eligible for this relief and recommended
that a study be made to determine this figure.
' 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
refer for further study the Commissioner of Revenue's recommendation of tax relief for the
aged, and,
BE IT FURTHER RESOLVED, That the following committee is herein appointed to study the
proposal and report their recommendations back to the Board at the earliest possible date:
Back Creek
1. Allen Rogers
2. Michael S.Perry
Gainesboro
1. Nelson Carpenter
2. Mrs. Harold Rowe (Margaret)
Stonewall
1. Lucille O'Connell
2. Jack Pine
Shawnee
1. Donald Garber
2. Thomas Malcolm
' Opeguon
1. Reverend Josiah Andrews
2. Homer V. Hack
The above resolution was passed unanimously.
STUDY - LAND USE TAX - APPROVED
Mr. Alderman stated that the Board had met with the Farm Bureau several weeks ago in
relation to the Land Use Tax and had expressed a desire to look into this matter further.
Mr. Alderman stated that it is recommended that a citizen's committee be appointed as soon
as possible to make an examination of this tax and its benefits for the present and the
future.
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 the following committee to study and report back to this Board their recommendations
as to the County's possible establishment of a land use tax system:
Rork Crack
1. Edgar H. DeHart
2. Donald Baughman
The above resolution was passed unanimously.
REPORT - BUILDING INSPECTOR
Mr. Alderman presented the following report from the Building Inspector of Frederick
County:
Building Permits Issued
Amount of Permits Issued
Fees From Permits Issued
Inspections Made
28
$294
740.75
84
Gainesboro
'
1. Hugh Daily
2.::Marcus Adams
Stonewall
1. Ed Lord
2. Kenneth Stiles
Shawnee -
1.
2.
Opequon
1.
2.
The above resolution was passed unanimously.
REPORT - BUILDING INSPECTOR
Mr. Alderman presented the following report from the Building Inspector of Frederick
County:
Building Permits Issued
Amount of Permits Issued
Fees From Permits Issued
Inspections Made
28
$294
740.75
84
256
New Dwellings
14
Additions
6
Bath House
1
Cottages
2
Miscellaneous
.5
REPORT - DIRECTOR OF ACCOUNTING
Mr. Boyd, Director of Accounting, presented a report of Income, Actual and Estimated, for
the period ending August 3, 1972, with the totals being as follows:
Estimated Actual Unrealized
$6,738,449.77 $731 $6
REPORT - TREASURER
The treasurer presented a report on Delinquent Real Estate and Personal Property Taxes
for 1969, 1970 and 1971 as of June 30, 1972, with the totals being as follows:
1969 1970 1971
$8,871.66 $21,544.71 $60.729.35
REPORT —'LAW ENFORCEMENT STUDY
Mr. David Dickson presented a brief synopsis of the Law Enforcement Study he had made on
the Frederick County Sheriff's Department stating that the three major factors studied were
manpower levels, equipment and physical office space. He stated that the size of the County,
the amount of people located here and the activity in the County required every member of this
department to do a tremendous job. The communications system was discussed as this is.the moss
pressing need. Mr. Alderman stated that the study had been presented to the Board for consider
ation as many things would have to take place in the coming year.
DAVID G. DICKSON - LEAVE OF ABSENCE - APPROVED
A request was presented from David G. Dickson for the Board to grant a leave of absence
for one year in order that he might attend graduate school.
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
grant a leave of absence to David G. Dickson for a period not to exceed twelve (12) months
for the purpose of attending graduate school.
.The above resolution was passed unanimously.
Mr. King appeared before the Board and prese
Upon motion made by Dennis T. Cole and secon
BE IT RESOLVED, That the Board of Supervisor
accept and approve the 1972 -1973 Secondary System
Construction Budget for the Highway Department fo
The above resolution was passed unanimously.
ted his report.
ed by Richard F. Madigan,
of the County of Frederick does herein
Maintenance, Maintenance Replacement, and
the County of Frederick.
- 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
approve the following plats:
1. Hoover Lots - Fox Drive - Gainesboro District
2. Echo Village Subdivision of Lots 21, 22, 23 and 24, Section 5
The above resolution was passed unanimously.
conded by Richard F. Madigan
Upon motion made by J. Robert Russell and se
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the following plat:
Cole Lots - Stonewall District
The above resolution was passed with Raymond C. Sandy, J. Robert Russell, Donald R.
Hodgson and Richard F. Madigan voting "for" and Dennis T. Cole abstaining because of a con-
flict of interest. Mr. Cole stated that the required compensation for recreation would be
made in the form of cash.
PLAT - PF.TERS /SENSENY HEIGHTS SUBDIVISION - TABLED
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
table the Senseny Heights Subdivision Plat until such time that the requirements of the
County Water and Sewer Control Ordinance are met.
The above resolution was passed unanimously.
WAMPLER REZONING - DENIED
J
Mr. Sandy stated that this rezoning had been approved by the Planning Commission and that
there was a petition in opposition signed by the residents and property owners in the immediate
area involved.
Mr. Larrick appeared before the Board, repreIenting Mr. and Mrs. Wampler, and described
257
the property sought to be rezoned stating that there was a saw mill, a trailer court, and
a grocery store already located in this area. He stated that Mr. Wampler had applied to the
State Water Control Board for a permit to operate a car wash and this permit had been issued.
When Mr. Wampler began construction of this car wash, he learned that a building permit was
required and subsequently applied for such a permit. Upon application, Mr. Wampler was advise
that the property was not properly zoned for a car wash; therefore, he filed a petition.with
' the Planning Commission for rezoning and this was approved. Mr. Larrick stated that Mr. Wampl
has a business located in this area now which has been rezoned from A -2 to B -2. He then pre-
sented a petition signed by 58 residents for approval.
Mr. Cole asked if the car wash would create any pollution in the area. Mr. Wampler
stated that there would be no pollution and described the various provisions he had made to
handle this problem, stating that he had purchased a large tank truck to contain this water:
' Mr. Madigan asked if there was a detergent used in the car wash. Mr. Wampler stated
that there was but after it is processed through the dry bed, it is almost 100% clean.
Mr. Madigan asked Mr. Wampler where he planned to empty this tank and Mr. Wampler stated
that it could be emptied into the pond on his property, or into the ponds of 2 Or 3 other
had begun..
' Mr. Cole asked if Mr. Webber had built the store in the area and Mr. Webber stated that
he had and that a general store, along with a beauty shop, saw mill, etc. were permitted in
an A -2 zone.
Mr. Cole asked if these businesses burned down could they be rebuilt? Mr. Webber state
that they could.
Mr. Cole said that the main objection was pollution and that Mr. Wampler had advised
that:- there would be no drainage onto any other property. He said there was commercial prop-
erty in the area now and that this rezoning had been approved by the Planning Commission.
Mr. Dailey asked if the resident would get a reduction in their taxes since they would
be taken from a residential area into a commercial area thereby reducing the value of their
property.
Mr. Sandy said he did not feel they would get such a reduction.
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the application for rezoning of Jack K. Wampler and Polly J. Wampler to rezone 2.25
acres of land located on U. S. 11 North from A -2 to B -2.
By recorded vote with Dennis T. Cole voting "for" and J. Robert Russell, Richard F.
Madigan and Donald R. Hodgson voting "against" above resolution was denied.
property owners.
Mr. Larrick stated that Mr. Wampler had received a letter from the State Water Control
Board which sets forth certain standards he must meet and if any of these requirements are not
met he would have to suffer the consequences.
Mr. Madigan asked about the nuisance angle such as excessive noise. Mr. Wampler stated
that he would not allow excessive racket.
Mr. A. V. Dailey, appeared before the Board, representing residents of the area who ob-
jected to this rezoning application, and presented a petition signed by owners living in the
area. He stated that they objected because it would depreciate the value of their homes;
there would be excessive disturbance since it would remain open 24 hours a day, seven days a
week; the danger caused by water on the highway. He stated that the businesses already lo-
cated in the area were permissable under the present zoning. He stated that when these people
located in this area it was 'strictly residential and since that time they had three trailer
'
courts in the area because the Board did not have.an ordinance at that time.to prevent it.
Mr. Dailey stated that Mr. Wampler had objected when Zuckerman Company and Blue and Gray
Electrical Company attempted to build their places of business near his home. Mr. Dailey
then presented photo4raphs of the area showing whore the water would go.
Mr. Madigan asked how far these people live from the location of the proposed car wash .
and Mr. Dailey stated that the fartherest would live 1000 feet away.
Mr. Madigan than asked Mr. Wampler how far the people on the petition for approval lived
from the location and Mr.. Wampler said the most distant would be approximately 4 miles.
Mr. Sandy asked Mr. Wampler if he had applied for an additional building permit other
than the one for the car wash and if so what it was for. Mr. Wampler said that it was for a
storage building.
Mr. Cole asked Mr. Wampler if he would make the statement that no drainage would leave
the property and Mr. Wampler stated that none whatsoever would leave the property.
Mr. Cole asked if the four adjoining neighbors who had signed the petition for approval
lived in the area. A resident said that only two lived there and they had moved in after this
had begun..
' Mr. Cole asked if Mr. Webber had built the store in the area and Mr. Webber stated that
he had and that a general store, along with a beauty shop, saw mill, etc. were permitted in
an A -2 zone.
Mr. Cole asked if these businesses burned down could they be rebuilt? Mr. Webber state
that they could.
Mr. Cole said that the main objection was pollution and that Mr. Wampler had advised
that:- there would be no drainage onto any other property. He said there was commercial prop-
erty in the area now and that this rezoning had been approved by the Planning Commission.
Mr. Dailey asked if the resident would get a reduction in their taxes since they would
be taken from a residential area into a commercial area thereby reducing the value of their
property.
Mr. Sandy said he did not feel they would get such a reduction.
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the application for rezoning of Jack K. Wampler and Polly J. Wampler to rezone 2.25
acres of land located on U. S. 11 North from A -2 to B -2.
By recorded vote with Dennis T. Cole voting "for" and J. Robert Russell, Richard F.
Madigan and Donald R. Hodgson voting "against" above resolution was denied.
258
TRAILER PERMITS.= APPROVED
Upon motion made by Dennis T. Cole.and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisorsiof the County of Frederick does herein
approve the following trailer permits: j
1. Emmett Morgan - Route 663 off Welltown Pike Temporary location until house
is completed - Stonewall District.
2. Robert W. Woods - Route 761 - Temporary location until house is completed -
Stonewall District.
3. Robert S. Hawkins - Route 622 - Back Creekl
4. Elizabeth Christian - Route 735 - Opequon District.
The above resolution was passed unanimously.
TRAILER PER MITS - DENIED
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 deny
the following trailer permits:
1. Carol Madigan - Double Churches - Not approved by Health Department
2. Bertha D. Malone - Route 522 S. - Not approved zoning.
The above resolution was passed unanimously.
I
TRAILER PERMITS',- TABLED
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 table
the following trailer permits because of zoning problems involved:
1. Frank L. Whitacre - Route 522 N. - Gainesb District - Zoned A -1.
2. William E. Pennock - Lincoln Estates - Route 50 - Zoned A -1
The above resolution was passed unanimously.
Mrs. Dean Allen appeared before the Board stating that she owned a piece of property on
which she has had a trailer and that it had been approved by the Health Department. She now
wants to rent this property to another person desiiing to put another mobile home there and
has found opposition from the residents in the area.
Mr. Sandy advised Mrs. Allen that this property would have to be approved again and that
she must obtain a trailer permit to locate this trailer there.
Mrs. Allen asked if she could get a temporary permit until she could proceed through the
proper channels.
Mr. Alderman advised that if the Health Department would issue a permit, and the proper
side yard requirements are met, a temporary permit could be issued by the Supervisor of the
District and Mr. Hodgson has stated that he will di so. Mr. Alderman stated that when this
application comes before the Board, the opposition does have the right to appear.
r uL+�m1u L`TTT mn ']l1TiT TS!_ llP T1TNDN(•F - ZPPPnvF.n
Mr. Sandy presented the proposed amendment toithe zoning ordinance.
There was a brief recess in order for the Planning Commission to discuss the amendment.
The meeting was reconvened by Chairman Sandy.;
Mr. Golladay, representing the Planning Commission, appeared before the Board and stated
that the Commission had voted 4 ayes, 2 nays and 1',abstention, for the approval of 8 -1 -23,
Amendment to the M -1 Zoning.
Mr. Sandy asked if there was any discussion either from the Board or the floor; there was
none.
Upon motion made'by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisorslof the County of Frederick does herein
approve the following amendment to the County Zoning Ordinance.
8 -1 -23, Light industrial manufacturing, assembling, processing and compounding of glass
(but only as a component part of the manufacturing', assembling, processing and compounding
thereof), metal and plastic products from prepared and raw materials, together with associated
operations, including machining, stamping, treating and plating, excluding punch presses and
drop hammers exceeding forty (40) ton rated capacity; provided, however, that plastic or metal
compounding and processing shall only involve previously prepared plastic or metal material and
that no compounding or processing will be done using coke or coal as fuel.
The above resolution was passed unanimously.
DOG WARDEN - REPORT -
LIVESTOCK KILLS[- PAID
Mr. Harold Whitacre, Frederick County Dog Warden, appeared before the Board and presented
his monthly report, recommending payment to James McDonald and Harold Nichols for livestock
kills during the month of August', 1972.
I�
fl
7
u
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
l
259
BE IT..RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve payment in the amounts set forth, for the following livestock kills:
1. Payment in the amount of $4.00 for two rabbits @$2.00 each killed on August 5,.1972
to James Mc Donald
2. Payment in the amount of $100.00 to Harold G. Nichols for one brood sow killed
August 30, 1972.
The above resolution was passed unanimously.
ELECTRICAL INSPECTIONS
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
designate the Fire Underwriters as the Official Inspection Agency for electrical inspections
until such time that this Board might direct otherwise.
The above resolution was passed unanimously.
BUDGET CHANGES - APPROVED
Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell,
BE 'IT'RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the following Budget Changes within the Parks and Recreation Fund:
From To
60 -001A -209 Freight $ 75.00
60 -001A -316 Medical and Aid Supplies 75;00
60 -001B -311 (WH) Fuel 700.00
60 -001C -214 Rent 3,000.00
60- 0019 -600 Land Purchase 3,000.00
60- 0019 -499A Unclassified
_ (School Buses)
60- 0Q19 -499B Site Development
Total $ 6
$ 850.00
6,000.00
$ 6,850.00
The above resolution was passed unanimously.
Mr. Alderman stated that when the Budget was approved, the Board agreed to a salary of
of $10,000.00 per year for the Treasurer and the state did not approve this amount. Therefore,
a supplemental appropriation is needed.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT That the Board of Supervisors of the County of Frederick does'herein
approve a supplemental appropriation in the amount of $252.44 to Account 03 =003A -102 of the
FY 72 -73 Budget.
The above resolution was passed unanimously.
COURT HOUSE LOCATION REFERENDUM - APPROVED
Mr. - Alderman stated that there was a question as to whether the question could be placed
on the ballot in the November election. He stated that if it could not be placed on the ballot
the electoral board could conduct a survey to determine the wishes of the people'in the County!'
concerning question.
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
petition that the following questions be placed on the balLot of the November 7th General
Election:
1. Do desire the County to construct a new Governmental Complex
within the City of Winchester?
2. Do_ desire the County to construct a new Governmental Complex
within the County?
The above resolution was passed unanimously.
ANNA K. B. JOHNSON - RE- SUBDIVISION - APPROVED
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the re- subdivision of Lots 57,58 and 61 of the Shenandoah Hills Subdivision, Section
II, being the property of Anna K. Bunner Johnson.
The above resolution was passed unanimously.
LORD FAIRFAX PLANNING DISTRICT RESOLUTION - APPROVED
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does hereby
request that the Lord Fairfax Planning District Commission adopt the following policies and
procedures for effective administration and operation of the said Commission.
1. Establish and adhere to parliamentary procedure for all Commission Meetings.
2. Submit a detailed Agenda for all Commission Meetings to all Commission Members and
the Chief Administrative Officer of each Member Government at least three (3) days prior to
each meeting.
260
t
3. A total effort be made to improve communications between the Commission Staff and the
Staffs of Member Governments.
4. The Commission recognize the various degrees of development of member jurisdictions
and develop programs for all jurisdictions based upon existing levels of development. 'Further
I
that the priority for development of programs be placed to assist those areas experiencing
rapid rural -urban transition.
5. The Commission make every effort to avoid duplication of studies to reduce the cost of
same and further that the Commission recognize that some study areas made for individual muni-
cipalities require more detailed and thorough information than studies made for the Commission
on a regional basis, and, I
BE IT FURTHER RESOLVED, That theBoard of Supervisors does oppose regionalization of
programs which may be effectively performed and administered at the local level, and,
BE IT FURTHER RESOLVED, That it is the Board of Supervisors's feeling that should the
policies and procedures of the Lord Fairfax Planning District Comission and its staff not be
altered to satisfy the needs of all member communities, this Board will have no alternative
than to take necessary, appropriate action. I
The above resolution was passed unanimously.
RESIGNATION - JAMES BOWMAN - REJECTED
Mr. Alderman read a letter of resignation from James L. Bowman to the Board. He stated
that on August 11th the Commonwealth Attorney issued an opinion in relation to Section 46.1 -66
of the Code which ruled in favor of Bowman Trucking Lines with respect to county stickers.
I
This was received in the County Administrator's Office on August 14th, while he was on vacation
and neither Mr. Bowman nor Mr. Sandy were aware of'it.
Mr. Madigan stated that the County was involved in several projects such as trying to get
water and sewer in to homes that can not use their bathrooms or water supplies because of
pollution; trying to get industry into the County.; He stated that the county needs water and
sewer and without industry the tax base can not be ;built up as rapidly as the Board desires.
He stated that he knew Mr. Bowman was highly qualified in financial management and could meet
with Boards and Directors and Presidents of financial institutions and negotiate financial
affairs for the Sanitation Authority. He stated that he had never been one to change horses
in the middle of the stream and he would like to see the Authority continue to operate the same
way, without any changes, because these men are knowledgeable as to what is going on and know
how to solve the problems.
Mr. Hodgson stated that he would like to see Mr. Bowman retained on the Sanitation Authori
and that the projects going on right now in the county would suffer a great set back if Mr.
Bowman were to resign now.
Mr. Russell stated that he had always had very much concern for the Sanitation Authority.
He said that he thought it had a lot of responsibilities and could mean a lot to the County
in the future. He stated that there were two new members on the Authority and he felt that at
this critical time, with the various projects being negotiated, Mr. Bowman was greatly needed
i
on the Authority, especially as Chairman. He saidlthat he hoped Mr. Bowman would reconsider
and help the County out during these critical times.
Mr. Cole stated that he had nothing to say and stated that the way he cast his vote would
speak for itself.
Mr. Sandy stated that the Board's opinion was Mr. Bowman was very much in need at
this time. He stated that he would vote with the majority of the members and abide by their
decision. Mr. Sandy stated that Mr. Bowman and the people on the Authority had received much
abuse because of the areas in the County where some of the projects were being constructed.
He stated that he felt as soon as projects were started in other parts of the County, much of
this abuse would stop.
Upon motion made by'Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
reject the resignation of James L. Bowman and requests that he continue as Chairman of the
Frederick County Sanitation Authority.
i
By recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan, and
Donald R. Hodgson voting "for" and Dennis T. Cole voting "against" the above resolution was
passed.
Mr. Sandy directed the County Administrator to send a letter of apology to Mr. Bowman ex-
pressing his personal apology and requesting that Mr. Bowman reconsider his resignation and
remain as Chairman of the Sanitation Authority.
REQUEST TO REOPEN PUBL REST ROOM - APPROVED
Mr. Madigan stated that several people in Back Creek District had requested that the
�l
7
Public Rest Rooms, under the Court House be reopenled. Mr. Whitacre, Clerk, stated that he
also had received several requests on this matter. Mr. Alderman stated that these rest rooms
261
had been closed because Sheriff Anderson had incurred many social problems when they were open
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. reopening of the Men's Public Restroom, located under the County Court House.
The above.resolution.was passed unanimously.
UPON MOTION DULY MADE AND SECONDED', IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW
ADJOURN. -
cretary, Board of Supervisors
Board of Supervi
At a Special Meeting of the Board of'Supervisors of the County of Frederick, Virginia,
held in the'Supervisors' Room on the 25th day of September, 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell; Vice - Chairman,;' Richard F.
Madigan; Donald R. Hodgson; and Dennis T. Cole.
The Chairman called the meeting to order and stated that the Special Meeting had been
called by Supervisors Cole and Hodgson to consider the Court House Referendum and the Wampler
Rezoning.
COURT HOUSE REFERENDUM
Mr. Alderman read the resolution previously passed by the Board. He stated that it had
been presented to Judge Marshall this morning and the Judge advised that he did not have the
power, under the State Code, to place an item like this on the ballot. He stated that the
exact location where you plan to move the Court House and the amount of money you propose to
spend for land must be set forth. The Judge said that he would sign the order if you are
prepared to set forth these items at this time.
Mr. Alderman stated that the preference of the people could be determined by straw
ballot and if this were favorable a special election could be held.
Mr. Russell asked if the Electoral Board could do this and Mr. Alderman said that they
could. Mr. Alderman stated that if the vote were favorable, you could have an architect do
a site development plan.
Mr. Alderman recommended that the previous resolution be amended to read that in the
event the item could not be placed on the ballot, that a straw ballot be taken.
Mr. Russell asked if this would be advertised as unofficial. Mr. Alderman stated that
due to the fact that it can not be placed on the ballot it would be carried on an unofficial
straw ballot.
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein request that the question of the construction and location of a new Court House
and Office Building be presented to the people on November 7, 1972, in the form of an unoffi-
cial straw ballot.
The above resolution was passed unanimously.
Mr. Alderman stated that HUD funding was not available and asked whether or not the
Board wanted to proceed under County expense until HUD funding does become available. Mr.
Madigan said that he felt the Board could consider this matter when the need arose.
WAMPLER REZONING - RESOLUTION RESCINDED
Mr..Alderman stated that he felt the Board should consider the precedent they might set
if they rescinded this resolution.
Mr. Cole stated that the Planning Commission had recommended the rezoning and that ther
was business all along the area.
Mr. Cole made the motion to rescind the resolution passed by the Board on September 13,
1972, Mr. Russell seconded the motion for discussion.
Mr. Sandy asked if there was any new information that the Board should know about.
Mr. Cole stated that the adjoining land owners were not at the last Board Meeting be-
cause they did not feel it was necessary since the Planning Commission had already approved
the rezoning.
Mr. Alderman stated that he wanted to clarify the rumor that the staff had handled the
situation improperly and wanted to know if this had anything to do with the question of wheth
or not to rescind the resolution. Mr. Alderman stated that Mr. Wampler had said that the
Building Inspector had told him to go ahead and pour the foundation whereas in fact the work
had already been started and the Building Inspector advised him that if he continued the work
and it was checked, he would be in violation of the Buidling Code.
d
262
1
Mr. Sandy said that when you get into a situation like this you must consider what is
right and what is wrong along with the man's right's. He stated that the Planning Commission
could be objective whereas with the Board, politics could enter into the picture very quickly.
Mr. Russell stated that this matter had concerned him very much. He stated that any time
he went against the Planning Commission, he questioned himself very thoroughly. He stated that
he would like to recommend that any action of the Planning Commission, which would come before
the Board, be submitted to the Board in writing, stating the reasons they have taken such actic
He stated that he felt this might help him to answer any questions he might have more thorough]
Mr. Alderman stated that the actual action of!the Planning Commission is done in executive
session only with the total results of that executive session shown in the minutes.
Mr. Alderman stated that if an issue failed in the executive session, unless a member had
a specific objection, it failed unanimously. He said that the same holds true for the passage
of issues. He stated that the only case that he knew of that this did not hold true was the
case mf'.Company X. Their votes were shown in this instance.
Mr. Russell stated that he would not request their vote, just what the basic facts are.
He stated that he had had a lot of calls on this rezoning.
Mr. Alderman stated that Augusta County uses a review system whereby they review on site,
every zoning action coming before them.. The County Administrator and Planner accompany the
supervisors and the Planner points out the pros and cons involved. He suggested that this
could be done in Frederick County.
Mr. Ritter suggested that perhaps a three man committee could review the property site,
such as the County Administrator, the Planner and the Supervisor from the district in which
the property is located.
Mr. Alderman stated.that in most cases the Supervisor in the District was familiar with
the property and that the other supervisors were the ones the inspectionwwould benefit.
Mr. Cole suggested that the rezoning properties could be reviewed at 10:00 A.M. before the
Board Meeting at 1:00 P.M. that afternoon.
Mr. Sandy stated that the zoning hearings could be rescheduled to night meetings.
Mr. Hodgson stated that he had received a lot
,of calls on this rezoning and only one was
against it.
Mr. Madigan stated that he had gone along with the Planning Commission in their meeting ar
then reversed in the Board Meeting because the man appeared to have complete disregard for his
neighnors. He-stated that Mr. Wampler had brought,a man with him to the meeting who verified
that Mr. Wampler was a fine Christian man. He stated that Mr. Wampler would not allow people
to cut grass on Sunday but he was going to operate a car wash on Sunday. He stated that when
he saw the names of the people on the petition in favor of rezoning, who lived many miles
away, it concerned him and that he did not know that the slabs for the foundation had already
been laid. He stated that Mr. Wampler had little regard for the ordinance and that was why he
had voted as'he did at the Board Meeting.
Mr. Russell stated that he felt the Board must consider that this had been approved by
the -State Water Control Board.
i
Mr. Madigan stated that he was concerned about the water dripping from the cars onto the
highway thereby causing a traffic hazard. I
There was discussion between Mr. Madigan and Mr. Cole as to whether this constituted a
traffic hazard and Mr. Madigan stated that the Planning Commission had a man to testify to
this.
i
Mr. Cole stated that the Board was here to consider rezoning and not discuss all the angle:
Mr. Sandy asked if the Board felt it would be,advisable to hear testimony from both sides
before rescinding the resolution.
Mr. Cole stated that he would like to see the,Board rescind the resolution and then have
a new hearing on it.
Mr. Cole then withdrew his motion.
Upon request of Mr. Madigan the Board recessed into executive session.
The meeting was reconvened by Chairman Sandy.;
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
rescind the resolution passed on September 13, 1972 with respect to the Wampler rezoning
petition and that a new hearing be set for October 11, 1972 at 3:00 P.M..
I
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW
Board of Supervisors U Chairman, Board of
7
L