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October 11, 1972 to December 13, 1972263 At the Regular Meeting of the Board of Supervisors of the County of Frederick,Virginia, held in the Supervisors' Room on the 11th day of October, 1972. PRESENT: Raymond C. Sandy, Chairman; J.Robert Russell, Vice Chairman; Dennis T Cole; Richard F. Madigan; and Donald R. Hodgson. The Chairman called the meeting to order. The minutes of the meeting held on the 13th day of September, 1972, were approved ' with one correction upon motion made by Richard F. Madigan and seconded by Dennis T. Cole. ACCOUNTS PAYABLE - APPROVED Mr. Boyd presented the accounts payable for September. Therefore, accounts totaling $29,070.43 were read and approved and ordered to be paid from the General County Fund by Warrants #01301 through #01429 and accounts totaling $1,067.30 for Parks and Recreation were read and approved and ordered to be paid from the Parks and Recreation Fund by Warrants #77 ' through #93. The accounts payable were approved upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson. SEPTEMBER PAYROLL - APPROVED Payrolls totaling $18,747.77, paid from the General County Fund by Warrants #01249 through #01300 and payrolls totaling $2,851.99 for Parks and Recreation paid from the Parks and Recreation Fund by Warrants #59 through #76 were read and approved upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson. REPORT - DOG WARDEN ZONING - MOBILE HOME PERMITS 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, recognizing a problem with the increasing number of mobile homes locating within the County, and various conflicts of exisiting County Ordinances, does request that the Frederick County Plannii Commission review the problem and submit a recommendation to this Board as soos as possible, and, BE IT FURTHER RESOLVED, That until January 1, 1972, all permits for the location of Mobile Homes within this County will be based on individual cases as directed by this Board, and all individuals are herein served notice that upon this date this Board does herein order Mr. Harold Whitacre, Frederick County Dog Warden, appeared before the Board and gave his report. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, tha the following claims for livestock kills be paid upon recommendation of the Frederick County Dog Warden: 1. Robert W. Combs, Gainesboro District, ' four feeder lambs @ 85 lbs. each - $95.20 2. Floyd McKee, Gainesboro District, 15 laying hens @ $2.00 each - $30.00 3. Larry Beanham, Back Creek District, 1 feeder pig @ 40 lbs. - $15.00 The above resolution was passed unanimously. REPORT - DIRECTOR OF ACCOUNTING Mr. James Boyd presented his report to the Board of Income Actual and Estimated for the period ending September 30, 1972. Mr. Alderman stated that the taxes, both personal property and real estate were above projections. - F?ORT - �IREC_- fnL OF INSPECT ONS REPORT - DIRECTOR OF INSPECTIONS The Building Inspector's Report for the period from September 1, 1972 to September 30, 1972 was presented as follows: Permits Issued---------------- - - - - -- 60 Value of Permits Issued------- - - - - -- $1,140,666.49 Fees for Permits-Issued ------------- 2 Inspections Made-------------- - - - - -- 119 D�-P711ngr. Dwellings--------------------- - - - - -- 42 Townhouses (2 - 8 units) ------ - - - - -- 2 Additions--------------------- - - - - -- 2 Cabins ----------- - - ----------- - - - - -- 1 Barns ------------------ -- - ---- - - - - -- 1 Garages ----------- ------------ - - - - -- 4 ' Accessory Buildings----------- - - - - -- 1 Misc. --------------------- ---- - - - - -- 7 ZONING - MOBILE HOME PERMITS 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, recognizing a problem with the increasing number of mobile homes locating within the County, and various conflicts of exisiting County Ordinances, does request that the Frederick County Plannii Commission review the problem and submit a recommendation to this Board as soos as possible, and, BE IT FURTHER RESOLVED, That until January 1, 1972, all permits for the location of Mobile Homes within this County will be based on individual cases as directed by this Board, and all individuals are herein served notice that upon this date this Board does herein order I 264 a strict enforcement of all ordinances and State law as hereto applies. The above resolution was passed unanimously.) TRAILER PERMITS Upon motion made by Richard F. Madigan and BE IT RESOLVED, By the Board of Supervisors trailer permits are approved: 1. Edgar C. Smoke Rt. 522 N. Gainesboro District 2. Jonah Sutthin Route 746 Gainesboro District 3. Edgar B. Whitacre Route 696 Gainesboro District 4. Robert C. Sinclair Rt. 688 Gainesboro District 5. Carl L. Ritz Rt. 608 Back Creek Dist3Ast 6. Russell Didawick Corner of Rt. 50W and Rt. 654 Back Creek District conded by Donald R. Hodgson, f the County of Frederick that the fo 7. Ona Stotler 3 miles east of Rt. 656 Shawnee District 8. Harry R. Brown Highway 742 off 671 Stonewall District 9. Melvin W. Cooley Route 11S Opequon District The above resolution was passed unanimously. 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 disapprove the following trailer permits: 1. Charles Leake Rt. 643 Shawnee District 2. Charles H. Lutrell Rt. 50E Shawnee District 3. William P. Caldwell Off Route 644 Shawnee District 4. James W. Caldwell Off Route 644 Shawnee District The above resolution was passed unanimously. POLICY STATEMENT - R EGIONALIZATION,OF LOCAL GOVERNMENT 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 issue the following statement as the official policy of this County on the question of Regio Government: POILICY STATEMENT REFERNECE: Regionalization of Local Government DATE: October 11, 1972 On September 13, 1972, this Board passed a resolution requesting that the Lord Fairfax Planning District Commission adopt certain policies in relation to both the administration of the Commission and also the overall concept of regional government as it seems to be developin in the Commonwealth. I This Board has no argument with the need for coordination and cooperation among local jurisdictions and also the need for basic planning, assistance that can be provided by a joint professional staff as established under the Commission. As illustrated by the Frederick - Winc efforts in the jail and landfill operations, and the present negotiations on a joint sewer pla along with the possible addition of Clarke Countylin the Frederick - Winchester Landfill,ample proof is provided that local jurisdictions, on the own initiative, can join together to solv mutual problems. Therefore, it is the basic policy of this Board, and we feel the wishes of th residents of Frederick County, to oppose this continuing development at the state level of a policy of regionalization of local government functions through the constant strengthening of the variousplanning districts (Note speech by Holton - October 3, 1972). It is felt that the ester t, 265 Planning District Commision should and must adhere to the policies of its member jurisdictions on this matter and we urgently ask all members to review this development and its impact on th ivery nature of local government in Virginia. It is our hope that our neighbors will come to th (same conclusion that we have reached and join with us in a progressive program to maintain local government functions. Therefore, in support of referenced resolution of September 13, 1972, this Board recommends that the District Commission adopt the following policies and actions: (1) Recognition of the District Commission as a corporate planning venture directed by the concensus of total local policies. (2) Oppose any and all attempts to convert the Planning District Commissions into "the more powerful, all- encompassing service districts ". (3) The Commission inform all local representatives to the General Assembly of its opposition to this continuing development of regional government and request that they initiate action to stop this growing encroachment on the basic foundation of this Commonwealth. In addition to the District Commission, we ask that each local government body join with us and take the same basic steps as outlined above. The question of the survival of local government, as we know it today, depends upon the ability of these fundamental units of govern ment to change and accept the responsibilities of meeting and providing the needs of its citiz In issuing this statement, it is the basic feeling of this Board that local governmen cann change and can meet the needs of its people and can cooperate with other jurisdictions when necessary and so long as this is accomplished, there is no basis for regionalization of any function of government and the usurpation by the uncontrollable arms of the state of the basic principles of our democratic system of government. By recorded vote with Raymond C. Sandy, J. Robert Russell, Dennis T. Cole, Richard F. Madigan and Donald, R. Dodgson all voting "for" the above resolution was passed unanimously. LANDFILL - PIPE PURCHASE - APPROVED Mr. Alderman stated that some time ago pipe had been purchased for the drain system at the Landfill and it was now necessary to increase the size of the pipe. Therefore, he recommended the sale of the present pipe so that new'pipe could be purchased. 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 declare as surplus property of the said County, some 1400 linear feet of 15 inch concrete drainage pipe; and, BE IT RESOLVED, that authorization is herein granted for the purchase of an equivalent amount of 24 inch reinforced concrete drainage pipe for use at the Landfill. The above resolution was passed unanimously. Mr. Alderman stated that he had directed the engineer to hire equipment to cover the garbage which had not been covered since the equipment at the Landfill had broken down -and that this amount would be charged against the contractor. He stated that he had contracted with Mr. Alvin Long to obtain fill dirt to cover the finished portions of the Landfill. Mr. Alderman stated that a delegation from Clarke County would arrive at 5:30 P.M. to look over the present site and the new site for the Landfill and invited the supervisors to accompany them on this tour. BUILDING PERMIT REFUND - 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 a refund in the amount of $7.50 to Edgar K. Guthri as over payment for Building Permit No. 2379. The above resolution was passed unanimously. JAIL RATE - APPROVED Mr. Alderman stated that it was recommended that the Board set the rate per prisoner day, for prisoners housed for other jurisdicts, with the exception of Federal and Winchester prisoners, at $3.00 per prisoner day. The city of Winchester had been billing these jurisdictic at the rate of $1.80 per prisoner day which is not adequate at the present time. He stated that the total cost, per prisoner day, for the month of July was $1.84 and August`. was $2.24, and that this cost did not include salaries, only food and general - upkeep expenses of the jail. 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 rate of $3.00 per prisoner day to be charged to jurisdictions using the Frederick Winchester Jail, with the exception of the City of Winchester and the Federal Government which are based on individual contracts. The above resolution was passed unanimously. 266 SICK LEAV - DIANNE AVERS - D In accordance with Section 27 of the County Personnel Policies, extended sick leave wi out pay has been granted to Dianne Ayers on the recommendation of the Director of Accounting for a period of six (6) weeks. The above action was noted by the Baord. i DRUG ABUSE PROGRAM CONTRIBUTI - APPROVED Mr. Alderman recommended that a supplementaljappropriation in the amount of $500.00 be made to the FY 72 -73 Budget as the County's share of the cost of the drug abuse program. 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 make a supplemental appropriation in the amount of $500� to the FY 72 -73 Budget for the County's share of the Frederick - Winchester Drug Abuse Program. The above resolution was passed unanimously.! i COMPREHENSIVE COMMUNICATION SYSTEM - APPROVED Mr. Alderman stated that in order for the County to comply with the statewide comprehensi system, changes must be made in the present radio system and it is recommended that approval be granted for the sheriff to make application for federal and state assistance to carry out these changes. 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 and approve the application of the Frederick County Sheriff's Department for Federal and State grant funding in order to assist the County in complying with the State Comprehensive Communication System. The above resolution was passed unanimously. - DEPUTY SHERIFF EMPLOYMENT CERTIFICATION - APPROVED Mr. Alderman stated that in order for deputies to be qualified for the state maximum salary, their employment must be certified by the Board. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, i BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does certify that to the best of their knowledge that the following personnel meet necessary state qualifi- cations for maximum state salaries: Harry W. Palmer Herbert A. Darr, Sr. Douglas L. Anderson Garry L. Orndorff The above resolution was passed unanimously., MR. BASS - SUBDIVISION PLATS - The plat of Meadowbrook Village was referred, back to Subdivider for the following reaso 1. Building line is shown as 25 feet; should 35 feet. 2. Area is zoned A -2, Lots less than 20,000 square feet not allowed. 3. Plan to use Middletown water and sewer. Therefore, water and sewer plans must be fil in accordance with water /sewer control ordinance. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the following subdivision plats: 1. Grange Hall Subdivision - Gainesboro District 2. East Armel Property - Back Creek District) The above resolution was passed unanimously.) SUBDIVISION PLATS TO BE CONSIDERED BY THE PLANNING BOARD ACTION - 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 henceforth all subdivision plats to be considered by this Board first be referred to the County Planning Commission for proper zoning action if necessary. The above resolution was passed unanimously. INVITATION OF CONSTITUTIONAL OFFICERS TO WORK SEEEION - APPROVED Mr. Cole requested that the Constitutional Officers be invited to the Board Work Session preceding the Regular Meeting. i This was unanimously agreed upon by the Board. I 267 HIGHWAY REPORT - MR. KING Mr. King appeared before the Board and submitted his monthly report. MILLER HEIGHTS ACCESS ROAD - 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 hereby adopt the following resolution: ' WHEREAS, Route 17, from 0.178 mile East of Int. Route 81 to 2.667 miles West of Clarke County line, a distance of 2.7 miles, has been altered, and a new road has been constructed ` and approved by the State Highway Commissioner, which new road serves the same citizens as the road so altered;.and, WHEREAS, certain sections of-this new road follow new locations, these being shown on the attached sketch titled, "Changes in Secondary System Due to Relocation and Construction on ' Route 17, Project 0017- 034 -101, C501 dated at Richmond, Virginia August 16, 1972 ". NOW THEREFORE, BE IT RESOLVED, That the portion of Secondary Road i.e., Section 1, shown in red on the sketch titled, "Changes in Secondary System Due to Relocation and Construction on Route 17, Project 0017 - 034 -101, C501, dated at Richmond, Virginia, August 16, 1972, " a total distance of .15 miles bie, and hereby is, added to the Secondary System of State Highways, pursuant to Section 33.1 -229 of the Code of Virginia of 1950, as amended. The above resolution was passed unanimously. Route 671 - Project 0761 - 034 -114. C501 - Approved: Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein request the Virginia Department of Highways_to proceed with the construction of Route 761, Project 0761- 034 -144, C501, from.Route 11 to the West.Intersection of Route 664, a distance of 1.15 miles. This road serves fifty -five (55) within the length of this project and many citizens in the Stephenson Area and the Northeast part of Frederick County. The above resolution was passed unanimously. Road Project Priority 2 - 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 accept,into the Secondary Road System of this County, a certain road being some 0.10 miles in length located in Stonewall Magisterial District and as shown on Plat recorded in Deed Book 153, Page 540, dated September 26, 1925. The above resolution was passed unanimously., Release Drainage Easement - Sherwood Forest - Approved: 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 release a certain drainage easement as shown on Lot 7 of the Sherwood Forest Subdivision Gainesboro Magisterial District and recorded in Deed Book.394, at Page.461. The above resolution was passed unanimously. Authorization to Repair Road to Dog Kennel - 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 herein grant authorization to the County Administrator to have the necessary repairs made to the road to the County Dog Kennel. The above resolution was.passed unanimously. ' WAMPLER REZONING - APPROVED Mr. Alderman stated that this was a re- hearing on the petition of Jack K. Wampler to rezone a parcel of land from A -2 to B -2. Mr. Sandy asked if there was anyone to speak in opposition of this rezoning. Mr. Blair Webber appeared before the Board, representing a group of residents in the area, to speak in opposition of this rezoning. He stated that they were no.t in favor of an all ' night business in the area because of the disturbance it might cause as well a's attracting an undesirable element of people. He said that these residents felt that this rezoning would hurt the value of their property some of which was valued at $50,000.00 to $60,000.00. Mr. Webber said that the residents also objected because of the road hazard which would be created in the winter because of the water being onto the highway. Mr. Sandy asked if there was anyone to speak in favor of the rezoning. Mr. Larrick appeared before the board and gave a brief background on the rezoning petition. He then presented Mr. Fahnestock who stated that he was a neighbor of Mr. Wampler and had known him for a number of years and felt that he would operate the business very well. He stated that he felt the car wash would be an asset to the community. He said that if Frederick County is to grow, we must have more industry and he felt this would be a desirable industry to have in the area. He said there were other businesses in the area and he would not 268 stand in the way of progress. Mr. Fahnestock said he felt this business would pay a tax base of a good amount and if the county did not allow industry to locate here they would locate else- where. He stated that Mr. Wampler had met the requirements of the State Water Control Board and had been approved by the Planning Commission and he asked the Board to-reconsider this zoning petition. Mr. Sandy asked Mr. Wampler if it would be necessary to operate the car wash on a 24 hour basis. I Mr. Wampler said that he didn't feel that it' have to be operated on a 24 hour basis but he did not want to say that it would not. He stated, that if it should cause a problem at a late hour he would close it as he had investments in the area to protect also.' Mr. Cole said that he had had a few people call him concerning pollution in Hot Run and he wanted to be assured that there would be no pollution problem. He asked Mr. Wampler if he had installed tanks and purchased a large tank truck to take care of any excess water. Mr. Wampler stated that this was correct andlthat the State Water Control Board would not permit him to pollute any area. Mr. Sandy stated that the Board realized that the County needs comprehensive zoning plan and that we would have one in the near future. '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 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 J. Robert Russell, Dennis T. Cole, Donald R. Hodgson and Raymond C. Sandy voting "for" and Richard F. Madigan abstaining the above resolution was passed. Mr. Sandy stated that he cast his vote in favor in support of the Planning Commission LORD FAIRFAX PLANNING DISTRICT COMMISSION WATER QUALITY PLAN Mr. Alderman stated that he would like to have some direction from the Board as to how to -cast his vote on the Water Quality Management Plan. He stated that there were several point he did not agree with one of which was that there was overlapping work, since Frederick County is also conducting such a study. Mr. Madigan stated that the study should take into consideration the duplication of studies because they are talking about taxpayers' money. He said they seem to have a complete disregard for the use of taxpayers' money. Mr. Russell asked if they had a copy of our plans when they went into a study of this tyF Mr. Alderman stated that the study is not yet complete. He said the question was if ther was a conflict, will our plan yield to theirs or will they yield to ours. Mr. Cole discussed the cost of the study for I Frederick County of $32,000.00 for this stuc as opposed to $50,000.00 for the study for Lord Fairfax. Mr. Alderman stated that the basis for the $32,000.00 fee was required by HUD to qualify for federal funding. Mr. Madigan asked if the contract signed forithis study was in proper form. Mr. Alderman stated that he was not at the meeting and he understood that the contract was approved to be signed by the Executive Committee of the Commission. The full Commission was told that the Water Quality Management Plan was signed; then there was an objection from tt floor as:to the right of the Executive Committee to sign such a contract; then the Chairman indicated it had not been signed. Then at the next Jmeeting therecas a request from the floor to appoint an independent citizens committee with these people being appointed by the local governments and they would elect a Chairman of this Committee. Frederick County appointed Don Krueger. The Chairman of the Planning Commission appointed the Chairman, Tom Gibson of Front Royal. He stated that one objection was that the contractor and the engineer involved were present at the committee meeting. I Mr. Madigan stated that he felt the Board should voice their objection to the approval of the contract until the true value of the studies have been taken into consideration and their usefullness determined. Mr. Alderman then read several comments from Don Krueger on the Water Quality Management I Contract. Mr. Cole asked how this could - affect the couity and city studies on the waste treatment plan, stating that these studies could overlap. Mr. Alderman stated that this was the main concern. He stated that he would like to see the Commission state that in no way will the outcome of their contract restrict the outcome of the county and city studies. Mr. Cole asked if this was so that we could move ahead with our projects, and Mr. I said that it was. M•• Mr. Alderman stated that he felt that the Commission should allow Frederick County to-appoint members to the committees. 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 go on record as opposing the regional Water Quality Management Study and does direct its members to The Planning Commission to vote in accordance with this policy. The above resolution was passed unanimously. RECOMMENDED APPOINTMENTS - BOARD OF ZONING APPEALS - 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 recommend to the Circuit Court Robert O'Neal and Al Smith for appointment to the Board of Zoning Appeals. .The above resolution was,passed unanimously. RECOMMENDED APPOINTMENTS TO COMMITTEES LORD FAIRFAX PLANNING DISTRICT 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 following recommendations to the various committees set forth to the Lord Fairfax Planning District Commission: Social Services Committee: 1. James R. Killough 2. James Butcher Valley Mill Road Martinsburg Pike Winchester, Va. 22601 Winchester, Va. 22601 U.S.Government Employee President - Servisoft Co. Transportation Committee: 1. Raymond C. Sandy Stephens City, Va. 22665 Chairman, Frederick County Board of Supervisors . Environmental Committee: _. 1. Roger Koontz Apple Pie Ridge Winchester, Va. 22601 Principal - Stonewall Elementary School Special Projects: 1. Lacy Anderson 9 Court Square Winchester, Va. 22601 Sheriff of Frederick County 2. Donald L. Baughman Middle Road Stephens City, Va. 22665 Vice President'and Treasurer -'Chem Pak Vice President and Secretary - Fabritek Co. 2. Donald R. Hodgson Greenwood Heights, Winchester, Va. 22601 Contractor 2. Larry Ambrogi 9 Court Square Winchester, Va. 22601 Commonwealth Attorney Land Use and Recrulations Committee: 1. Randy Perry 9 Court Square Winchester, Va. 22601 Zoning Code Administrator 2. Manuel DeHaven RD 1 Clearbrook, Va. 22624 Owner Oak Grove Sanitary Service The above resolution was passed unanimously. SANITARY DISTRICTS PETITIONS DISCUSSED Mr. Hodgson announced that he had received two petitions for the Sanitary Districts ' with approximately 48 names, all from Greenwood Heights and did not include the Senseny Road section. He stated that the petitions in Frederick Heights and Shenandoah Hills were running approximately 90 %.in favor of the Sanitary Districts. Mr. Cole stated that the hearing scheduled in his district for October 19th would be post =poned as he wanted to concentrate on the straw ballot at this time. ' Mr. Madigan stated that he thought it would be appreciated if the press would get together with Mr..Alderman so that some publicity could be given this matter. Mr. Alderman stated that a fact sheet is being prepared on this matter and would be out in the near future. THISTLE CONTROL PROGRAM - APPROVED Mr. Russell stated that the ASCS has a special Thistle Committee of which he is a member. He stated that at the meeting on Thistle Control the Thistle Control Committee went on record as supporting the voluntary control of thistles in Frederick County. 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 program of the A.S.C.S. for the voluntary control of thistles in Frederick County. The above resolution was passed unanimously. 210 I I Mr. Alderman stated that he would like to reii October 18th - Chamber of Commerce Luncheon Me October 19th - Harrisonburg - Legislative Plan October 19th and 20th - Fredericksburg - V.II.P UPON MOTION DULY MADE AND SECONDED IT IS ORDER ADJOURN. , Board of Supervisors i the Board of the following meetings: :ing. _ng.Committee .Development Workshop. ) THAT THE BOARD OF SUPERVISORS DO NOw Board of Supervxors � I I At a Special Meeting of the Board of Supervisors of the County of Frederick, Virginia, held in the Supervisors Room on the 26th day of October, 1972, PRESENT: Raymond C. Sandy, Chairman; J: Robert_Russell, Vice Chairman; Donald R. Hodgsor Richard F. Madigan; and Dennis T. Cole. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, the minutes of the meeting held on the 11th day of October, 1972, tabled until the next regular Meeting. SHERIFF'S DEPARTMENT VEHICLE PURCHASES - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the purchase from Clarke Chrysler Plymouth upon recommendation of Sheriff Lacy I Anderson, of four (4) police vehicles, as per specifications, at a cost of $3,686.30, which is $244.00 above the low bid, for the Frederick County Sheriff's Department. The above resolution was passed unanimously. DEPARTMENT OF INSPECTIONS , Upon- motionbmade by'.J.' Rober-. t'- RusselleanddsecbndedrbyrRichard- F:aMadigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the purchase from Clarke Chrysler Plymouthof one vehicle, as per specifications, at a low bid cost of $3,133.15 for the Frederick CountylDepartment of Inspections. I The above resolution was passed unanimously.) DEPARTMENT OF ENGINEERING VEHICLE PURCHASE - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisor's of the County of Frederick does herein approve the purchase from Lamar Sloan Ford of one ,(1) pick -up truck, as per specifications, at a low bid cost of $2,745.00 for the Department of Engineering. The above resolution was passed unanimously. LEASE - PURCHASE CONTRACT REFUSE COLLECTION EQUIPMENT - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE SIT RESOLVED; That the Board of Supervisors of the County of Frederick does herein approve the contract for the lease - purchase of refuse collection equipment, containers and collection truck with the Tidy Corporation, under three (3) year lease - purchase contract with the right of termination after one (1) year trial, and will operate this systemdataan average yearly cost of $29,596.80, with the cost of the first year's operation being $33,785.0( The above resolution was passed unanimously. PURCHASE - COMPACTOR FOR SANITARY LANDFILL - APPROVED The following revised bids for a compactor for use at the Sanitary Landfill were presen 1. Tidy Corporation (Bros Compactor) -- - - - - ----------------- $68,500.00 2. Virginia Tractor Co. ( Caterpiller ) ------- I-------- - - - - -- 73,500.00 3. Highway Machinery Co. ( Hyster ) ---------- --------------- 62 Upon motion made by Richard F. Madigan and sieconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisor's of the County of Frederick does herein approve the purchase of one (1) Hyster Compactor fir use at the Frederick County Sanitary Landfill from Highway Machinery at a cost of $62,000.00. The above resolution was passed unanimously.- I 271 BIDS ON WHEELED LOADER PRESENTED The following bids on a wheeled loader were presented by Mr. Alderman: 1. Mid Atlantic Equipment Company ---------------------------- $29,539.81 (Plus $4,500.00 for special equipment) 2. Phillips Machinery & Tractor------------------------ - - - - -- 35,719.00 3. A. E. Finley---------------------------------------- - - - - -- 33 4. Virginia Tractor Co., Inc.--------------------------- - - - - -- 30,300.00 After discussion, the Board agreed to solicit bids on a tracked loader to be presented to the Board at its next regular meeting. SUBDIVISION PLAT - LAKEVIEW TOWNEHOUSES - 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 plat of Lakeview Townehouses subject to the approval by the Highway Department and the Subdivision Administtator. The above resolution was passed unanimously. LEASE FREY QUARRY PROPERTY - APPROVED Mr. Bob Fletcher, Director of Recreation for Frederick County, read a letter from the Recreation Commission to the Board recommending that the Board accept the proposed lease from Frey Quarry of 12 acres of land adjacent to the Clearbrook Park property at a cost of $1.00 per year and payment of the real estate taxes. He stated that the plans for this 12 acre tract of land include a parking-lot,-Little League Basefield, Softball Fields and a Pony League Field. He also stated'that Mr. Frey has offered additional land at a later time, and assistance if necessary. 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 lease by the County of Frederick of twelve (12) acres of land belonging to Frey Quarry and adjacent to the Clearbrook Park at a cost of $1.00 per year for ninety -nine (99) years and the payment of the real estate taxes. The above resolution was passed unanimously. UPON MOTION DULY MADE AND SEONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Secretary, Board of Supervisors Ctiairnian;­6oard of Supery At the Regular Meeting of the Board of Supervisors of the County of Frederick,Virginia held in the Supervisors' Room the'8th day of November, 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. The reading of the minutes of the meeting held on the 11th day of October, 1972, and the Special Meeting held on the 25th day of October, 1972, were tabled until the December meeting. Mr. Sandy read a letter from Mrs. Nancy Smoke requesting a refund of $30.00 for County Stickers because they were under ICC Regulations. 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 a refund in the amount of $30.00 to Mrs. Nancy Smoke for the purchase of County Stickers subject to the approval of the Commonwealth Attorney. The above resolution was passed unanimously. COUNTY ADMINISTRATOR - COMMUNICATIONS AND SPECIAL REPORTS Sheriff's Department: Mr. Alderman stated that as the results of a meeting in Front Royal with the Council of Governments, there was some discussion about the cooperation of the various sheriff's departments and working out a reciprocal agreement between the various jurisdictions. He stated that several counties had passed such resolutions. 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, that whereas a better working relationship between adjoining counties is desired, and 272 WHEREAS, The Commonwealth's Attorney and Sheriff of Frederick County feel that a policy of mutual_ assistance will promote better law enforcement, that the Sheriff's Department of Frederick County will cooperate with any adjoining reciprocating county when assistance is requested in the performance of any service for which the Sheriff's Department is responsible, and, BE IT FURTHER RESOLVED, That copies of this resolution be transmitted to Boards of Supervisors of the Counties of Clarke, Fauquier, Warren, Page Rappahannock, and Shenandoah. The above resolution was passed unanimously.! State Administration of County Motor Vehicle License: Mr. Alderman stated that the Board had appointed a committee at the last meeting to review the proposed state administration of county motor vehicle license. He stated that the committee had met and recommended that a resolution be passed in favor of state administration of said license. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisor of Frederick County, Virginia does hereby go on record in favor of the Division of Motor Vehic }es of the Commonwealth of Virginia collecting a County motor vehicle license fee in conjunction with the collection of State license plates, and, BE IT FURTHER RESOLVED, That this Board does1hereby encourage our local legislators in the General Assembly to work toward implementing the legislation necessary to enact this program, and, BE IT FURTHER RESOLVED, That copies of this resolution be sent to the Virginia Associati of Counties and to the County's representatives injthe General Assembly. The above resolution was passed unanimously.! I Mr. Sandy said that he -felt this would catchi, most of the people who are not buying county stickers, which ran as high as 30% in some 'areas. He then explained the procedure which would be followed. Mr. Russell stated that it had been brought to his attention by several people in the county that they had bought county tags and in thelmeantime, before they ever used the tags, 1 they had sold the vehicle and therefore had a county tag that had never been used. He stated that he felt if the tag had never been used the people should be refunded. There was discussion concerning such refund being incorporated into the ordinance and Mr. Alderman stated that there were several changes to,be made in the ordinance. Supplemental Appropriation,to Health Department: Mr. Alderman stated that a supplemental appropriation in the amount of $2,056.00 to the State Health Department was recommended. 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, Virginia, that a supplemental appropriation be granted to the State Department of Health in the amount of $2,056.00 in order that the County may meet its obligation for operating funds of the local Health Department. The above resolution was passed unanimously.) Refund - Robert K. Stickley - Rezoning Application: 1 Mr. Alderman stated that Robert K. Stickley had requested a refund in the amount of $80.1 representing the fee for a rezoning application which he had filed and subsequently withdrawn. He stated that he did not agree with this type of refund because the $80.00 fee was the cover the cost of administration. He stated that Mr. Stickley did submit the application one day and withdrew it the next. 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 refund in the amount of $80.00 to RobertlK. Stickley, representing the fee for a rezoning application which was subsequently withdrawn, and, BE IT FURTHER RESOLVED, That the above refund is made for the reason that no work had been done on the said rezoning application. i The above resolution was passed unanimously. II I I L� 273 Straw Ballot: Mr. Alderman presented the returns on the straw ballot as submitted by the Electoral Board. He stated that it was an overwhelming vote and that there were 24 write -ins for a joint facilities. He also stated that there were 122 no opinions, all from the Kernstown precinct. Mrs. Clure asked if the Board had considered remodeling the A & N Store Building and going up seven floors as was allowed by the City of Winchester. ' Mr. Alderman stated that the Board at this time was not making any committments right now and that this was strictly a preference ballot. Mr. Sandy then thanked the people of Frederick County for their cooperation and assistance in the straw ballot. Mr. Alderman expressed his thanks to the Board for-'the-expression of sympathy extended to him by the Board of Supervisors. ACCOUNTS PAYABLE - APPROVED Mr. Boyd presented the accounts payable for October and stated that there was one change: The Solenberger account should be $8.06 instead of $8.25. Therefore, accounts totaling $32,163.54a,were read and approved and ordered to be paid from the General County Fund by Warrants #01484 to #01621 and accounts totaling $654.34 for Parks and Recreation were read and approved and ordered to be paid from the Parks and Recreation Fund by Warrants #00106 to #00121. The accounts payable were approved upon motion made by Richard F. Madigan and seconded by J. Robert Russell. Mr. Cole asked if an explanation could be placed beside the reimbursements showing what they are for and Mr. Boyd said that this could be done. OCTOBER PAYROLL - APPROVED Payrolls totaling $18,454.75, paid from the General County Fund by Warrants #01430 60 #01483, and payrolls totaling $2,912.49 for Parks and Recreation, paid from-the-Parks and Recreation Fund by Warrants #11194 to #00105, were read and approved upon motion made by J. Robert Russell and seconded by Dennis T: Cole. .. .. . MRS. C�URE - APPEAL FOR UNITED GIVERS FUND v Mrs. C1ure appeared before the Board and presented an appeal for a donation to the United Givers Fund. She stated that there were ten agencies within the Fund and explained the service each rendered to the County. DOG WARDEN - REPORT 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 and order to be paid the following claims for livestock kills: 1. Bryan Richards - $20..00.for.two ewes killed on October 19,,,1972, @ $10.00 per head. 2. Joe Palmer,- $6.75 for two rabbits.@ 2.00 per head; 2 ducks @ $1.50 per head; 3 laying hens @ $1.25 per head; and 2 Gunieas @.$2.00 per head, killed on October 26, 1972. The above resolution was passed unanimously. Architect's Request for Interpretation of Building Code In Reference to Current School Construction: Mr. Alderman stated that a request had been received from Hayes, Seay, Mattern and Mattern, consulting'archtitects on the school construction, on the Building Code. It seems that the National Building Code and County Building Code exceed the requirements of the Virginia Department of Education Building Code Requirements and the Virginia Fire Safety Code. ' He stated that the architects do indicate that money can be saved if we would waiver our building code and accept the building code of the School Planning Manual and the State Safety Code. This had been done in several counties. Mr. Sandy asked what areas this would affect and Mr. Alderman stated that if would do away with fire doors and this type of thing. Mr. Alderman stated that Mr. .Webber had reviewed it and he would agree to it as long as he was allowed to examine the plans. There was dis- ' cussion concerning the relation of waiving our building code and the safety of the children in the schools. Mr. Cole stated that he would be against it because he felt that if the citizens of Frederick County were required to comply with the National Building Code the school buildings certainly should comply also, regardless of cost. Upon motion by Dennis T. Cole, the above request was tabled for further information. Mr. Alderman announced a meeting with Governor Holton and the cabinet on December 14th at Staunton to discuss improvements in the operation of Virginia Government. He stated that the meeting would start at 9:30 A.M. He stated that a memorandum would be sent on the above meeting. Straw Ballot: Mr. Alderman presented the returns on the straw ballot as submitted by the Electoral Board. He stated that it was an overwhelming vote and that there were 24 write -ins for a joint facilities. He also stated that there were 122 no opinions, all from the Kernstown precinct. Mrs. Clure asked if the Board had considered remodeling the A & N Store Building and going up seven floors as was allowed by the City of Winchester. ' Mr. Alderman stated that the Board at this time was not making any committments right now and that this was strictly a preference ballot. Mr. Sandy then thanked the people of Frederick County for their cooperation and assistance in the straw ballot. Mr. Alderman expressed his thanks to the Board for-'the-expression of sympathy extended to him by the Board of Supervisors. ACCOUNTS PAYABLE - APPROVED Mr. Boyd presented the accounts payable for October and stated that there was one change: The Solenberger account should be $8.06 instead of $8.25. Therefore, accounts totaling $32,163.54a,were read and approved and ordered to be paid from the General County Fund by Warrants #01484 to #01621 and accounts totaling $654.34 for Parks and Recreation were read and approved and ordered to be paid from the Parks and Recreation Fund by Warrants #00106 to #00121. The accounts payable were approved upon motion made by Richard F. Madigan and seconded by J. Robert Russell. Mr. Cole asked if an explanation could be placed beside the reimbursements showing what they are for and Mr. Boyd said that this could be done. OCTOBER PAYROLL - APPROVED Payrolls totaling $18,454.75, paid from the General County Fund by Warrants #01430 60 #01483, and payrolls totaling $2,912.49 for Parks and Recreation, paid from-the-Parks and Recreation Fund by Warrants #11194 to #00105, were read and approved upon motion made by J. Robert Russell and seconded by Dennis T: Cole. .. .. . MRS. C�URE - APPEAL FOR UNITED GIVERS FUND v Mrs. C1ure appeared before the Board and presented an appeal for a donation to the United Givers Fund. She stated that there were ten agencies within the Fund and explained the service each rendered to the County. DOG WARDEN - REPORT 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 and order to be paid the following claims for livestock kills: 1. Bryan Richards - $20..00.for.two ewes killed on October 19,,,1972, @ $10.00 per head. 2. Joe Palmer,- $6.75 for two rabbits.@ 2.00 per head; 2 ducks @ $1.50 per head; 3 laying hens @ $1.25 per head; and 2 Gunieas @.$2.00 per head, killed on October 26, 1972. The above resolution was passed unanimously. 274 TRAILER PERMITS Mr. Perry presented the trailer permits for approval or disapproval. Trailer Permits Approved_ Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the following trailer permits: 1. Donald G. Stotler Box 57 - Whitacre, Va. 2. Thelma Matty Middletown, Va. 3. Oliver Houghton Broad Avenue 4. Joseph Lucas 5620 N. Washington Blvd. Arlington, Va. 5. Ted Sisk Rt. 50 E. - Winchester, Va. The above resolution was passed unanimously. Trailer Permits Denied: Upon motion made by Dennis T. Cole and Seconded by J.. Robert Russell, BE IT RESOLVED, That the Board of Supervisors does herein deny the trailer permit of Vada Ricketts for the reason that it does not have Department approval. The above resolution was passed unanimously.i Trailer Permits Tabled: The trailer permit of Weldon Oates was tabled until the December Meeting upon motion by Dennis T. Cole. AMENDMENTETOREI ;ECTRICAI,OCODEAORDINANCEFE rAPPROVED 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 on first and second reading by title the following amendment to the Electrical Code Ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED JULY-12, 19;72, 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.', LANDFILL,REPORT Thomas Maccubbinpresented a report on the Sanitary Landfill stating that last month was a record month since they had been weighing by scales. He reported on the fires that had been set at the Landfill and stated that no flamable fluids were being accepted at the Landfill at the present time. Mr. Alderman stated that a Director of the Bureau of Vector Control would be here to gi us some directives on the Landfill. Mr. Naccubbin also reported on the damages to gate at the Landfill by a truck of Kwick Kleen Company. LANDFILL ORDINANCE - FIRST AND SECOND READING Tom Maccubbin presented a new Landfill Ordina for first and second reading. 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 approve on first and second reading the following ordinance. AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE COUNTY i OF FREDERICK, VIRGINIA. I The above resolution was passed unanimously., PURCHASE OF LOADER FOR LANDFILL - APPROVED Tom Maidcubbin stated that bids for the loader! at the Landfill had been received; one from Phillips Machinery for a 175 -C Loader at $37,447.0`0 and the other from Virginia Tractor, Co.Inc. for a 955 Series L. Caterpiller at $34,020.00. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors does herein approve the purchase of a Loader for the Landfill from Virginia Tractor Comp Series L.Caterpiller at $34,020.00. The above resolution was passed unanimously. 17 t a• the 17 275 There was discussion concerning the removal of the refrigerators and stoves from the Landfill, and the tires Mr. Reinhar-t4had removed from the Landfill. The Board stated that they felt the tires belonged to Mr. Reinhart and not the County. Mr. Cole asked that Mr. Reinhart be placed on the Agenda for the next meeting so that this situation could be cleared up. STEVE LOCKE - NEW EXTENSION AGENT - INTRODUCED TO THE BOARD Mr. Benjamin Weddle, District Extension Agent, introduced Mr. Steve Locke to the Board as a prospective extension agent for the County replacing Marshall Glass. Mr. Weddle gave a brief resume of Mr. Locke and recommended that he be approved for this position. 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 appointment of Mr. Steve Locke as a County Extension Agent replacing Mr. Marshall Glass. ' The above resolution was passed unanimously. Mr. Weddle expressed his appreciation for the Board's support of Mr. Locke. He stated that it was his responsibility to come before all the Boards in his District and notify them at as of last March,we are now committed to the Equal Opportunity Program of which Mr. Locke is a product. RANDY E. PERRY - APPOINTED SECRETARY OF 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 appoint Randy R. Perry as Secretary to the Frederick County Planning Commission, and, BE IT FURTHER RESOLVED, That this action is taken in order that Don Krueger can apply full time and effort toward the development of the urgently needed water and sewer system for this County; and, BE IT FURTHER RESOLVED, That this Board does herein request that the Frederick County Sanitation Authority complete the engineering phase of the proposed Abrams Creek, Red Bud Run and Kernstown water and sewer projects at all haste. It is the feeling of this Board that thes projects are of a vital need to this community and therefore requests immediate action. The above resolution was passed unanimously. ' SUBDIVISION PLATS APPROVED Fairfax Village Plat 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 Subdivision Plat of Fairfax Village located in Opequon Magisterial District subject to ten percent (10;x) monetary contribution for recreation. The above resolution was passed unanimously. Lots 21 and 22, Meadows Subdivision Plat Approved: Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick that the common boundary between Lots 21 and 22 in the Meadows Subdivision be altered in accordance with the plat as presented. The above resolution was passed unanimously. TREASURER'S REPORT Mrs. Dorothy Keckley, Treasurer of Frederick County, appeared before the Board and ' presented her monthly report. HIGHWAY DEPARTMENT - REPORT Mr. King of the Highway Department appeared before the Board and presented his report. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the following streets in the Fredericktowne'Sub- Division, Section 1, be added to the Secondary Highway System as follows: Distance ' (1) Fredericktowne Drive from Route 641 to its confluence with Bedford Place .81 miles (2) Frederick Road from Route 647 to Frederick- towne Drive .20 miles (3) Accomack Ave. South of Frederick Road .05 miles (4) Albermarle Court to Fredericktowne Drive .04 miles (5) Amelia Avenue South of Fredericktowne Drive to the confluence of Amherst Avenue .16 miles (6) All of Amherst Ave. from Amelia Ave. .10 miles (7) All of Botertourt Court .02 miles (8) Caroline Ave. Southeast of Bedford Place .05 miles (9) Bedford Place from Fredericktowne Drive to Fredericktowne Drive .19 miles 276 Distance Totals 1.62 miles I and, BE IT FURTHER RESOLVED, That the above streets have been constructed in accordance with i the Frederick County Subdivision Ordinance and the,Highway Department's policy for subdivision streets, an unrestricted right of way of 60 feet in width is guaranteed. This right of way is recorded in Deed Book 361, Page 601, dated March 11, 1970. The above resolution was passed unanimously.; Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That Meadowbrook Drive in the Meadows Subdivision be added to the Secondary Highway System asffollows: Meadowbrook Drive: From Route 1020 (Highlander Road) to Route 1020. Length .36 miles This street has been constructed in accordance with the Frederick County Subdivision Ordinance and the Highway Department's policy for subdivision streets, an unrestricted right of way of 60 feet in width is guaranteed. This right of way is recorded in Deed Book 363, Page 658, dated May 11, 1970. The above resolution was passed unanimously. REPORT - DIRECTOR OF INSPECTIONS The Building Inspector's Report for the period from October 1st through October 319t, 1972, was presented as follows: Building Permits Issued --------------------------------------------- 60 Value of Permits Issued ----------------- -------------------- 1,046,390.00 Feed for Permits Issued--------------- - - - - -- ---------- - - - - -- 2,380.50 . -ap , cInspectidns- made ---------------------------- ----------------- 100 Dwellings -------- --------------------- - - - - -- r ---------- - - - - -- 28 Additions ------------ --- - ------------- - - - - -- ---------- - - - - -- 3 Garages ------------------ ------ ------------- - - - - -- 5 Lodge Hall------- --------------------- - - - - -- ---------- - - - - -- 1 Mattress Factory ----------------------------=---- ----- - - - - -- 1 Cabins -------------------- ------------------ - ---------- - - - - -- 9 Saw Mill and Planning Mill -------------- ---- =---------------- 1 CarWash---------------- ------------------------------ - - - - -- 1 g -------- Ski Lodge -- - - - - -- 1 - - - -�, Miscellaneous------------ - - - - -- ---------- - - - - -- 5 The meeting was recessed for fifteen minutes. GREGORY REZONING!- APPROVED Mr. John Chipman, representing Mr. Gregory, appeared before the Board stating that they had appeared before the Planning Commission and the Planning Commission had approved this rezoning. He stated that there were several other businesses in the area. Mr. Sandy asked Mr. Gregory what he would put on the property and Mr. Gregory stated that he would place his business there and'perhaps,a beauty shop or some other like business. Mr. Alderman asked if this business would require a storage yard and Mr. Gregory said i that it would but it would all be enclosed within a Building. Mr. Sandy asked if there was any one to speak in opposition to this rezoning. Mr. Stephen Karnes appeared before the Board I and stated that he regretted that he had no appeared before the Planning Commission to express his opposition but that there were four families in Fredericktown who were concerned aboutirezoning and that he felt it concerned Fredericktowne itself. He stated that his objection was that it was in a residential section and they were not sure it was in the best interestbf the area. He stated that they were not objecting vehemently but did want to go on record in opposition to this rezoning and that they considered it spot rezoning. He stated that they felt the Board might be setting a very dangerous precedent in rezoning this commercial because then three months or three years from now others may recite this precedent. i Mr. Cole asked Mr. Karnes who he worked for and Mr. Karnes said Fredericktowne Company. Mr. Cole then asked if Mr. Bowman was part owner of Fredericktowne Corporation and Mr. Karnes said that Mr. Bowman was one of the stockholders. Mr. Cole stated that he could remember about three months ago when Mr. Bowman appeared before the Board and had his trucking company zoned M -1 from Agriculture: Mr. Karnes said he was not here to answer any of Mr. Bowman's questions. Mr. Cole stated that'he just wanted to bring this point out. Mr. Alderman stated that a rezoning preceden had already been set in this area with commercial on the left side of the road and residential on the right hand side. I i 277 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 petition of Ralph S. Gregory to rezone 0.63910 acres of land located at the intersection of'Sec. Rt. 641 and Sec. Rt. 647 from A -2 to B -2 upon recommendation of the Frederick County Planning Commission. The above resolution was passed unanimously. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. AN ORDINANCE TO AMEND AN ORDINANCE PASSED JULY 12, 1972, ADOPTING THE "NATIONAL ELECTRICAL CODE" AS THE ELECTRICAL CODE FOR FREDERICK COUNTY, Secr ary, Board of Supervisors Chairman oard of Superv' rs At a Special Meeting of the Board of Supervisors of the County of Frederick, Virginia, held in the Supervisors Room on the 22nd day of November, 1972. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Richard F. Madigan; Donald R. Hodgson; and Dennis T. Cole. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole the reading of the minutes of the previous meeting held on the 8th day of November, 1972, were tabled until the next Regular Meeting. KEY CLUB INTERNATIONAL WEEK PROCLAIMED Mr. Russell introduced Scott Johnson and Steve Wilkes, President of the James Wood Key Club. 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 proclaim the week of November 26, 1972, through December 2, 1972, be observed as International Key Club Week in the County of Frederick. The above resolution was passed unanimously. Mr. Sandy, signed the proclamation as Chairman of the Board. ELECTRICAL CODE AMENDMENT AND FINAL READING - APPROVED Mr. Sandy read a summary of the amendment to the Electrical Code. Mr. Alderman read the amendment and explained its purpose. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading the following amendment to the Electrical Code of Frederick County, Virginia: AN AMENDMENT TO AMEND AN ORDINANCE PASSED JULY 12,1972, ADOPTING THE "NATIONAL, ELECTRICAL CODE" AS THE ELECTRICAL CODE FOR FREDERICK COUNTY, VIRGINIA, AND THE PROVISION FOR AN ELECTRICAL INSPECTOR. AN ORDINANCE TO AMEND AN ORDINANCE PASSED JULY 12, 1972, ADOPTING THE "NATIONAL ELECTRICAL CODE" AS THE ELECTRICAL CODE FOR FREDERICK COUNTY, VIRGINIA, AND THE PROVISION FOR AN ELECTRICAL INSPECTOR. BE IT ORDAINED by the Board of Supervisors of Frederick County, Virginia, that the following amendments and changes are herein made: Section 1. Section 4 is amended to read as follows: ' a) The Company. . . to any installation not in conformity with the National Electrical Code, adopted by reference in Section 1, or other regulatory codes and ordinances of this county. b) It shall be the responsibility of the county or its agent to notify the company, firm or corporation furnishing electric service to the county when all regulatory codes and ordinances have been with and service can be made to an installation. Section 2. In event that any section, clause or requirement at this ordinance ' be proven invalid, such invalidation shall not affect the remainder of this ordinance. Section 3. This ordinance shall be inFfull force and effect upon passage. The above resolution was passed unanimously. EBERT REZONING - APPROVED Mr. Alderman stated.that this rezoning had been approved by the Planning Commission._ Mr. Ebert stated that a company near Philadelphia wishes to locate a plant here, near the Unisil property near Gore. He stated that they wanted property in that area so that they could get sand and be near a railroad and that this piece of property was quite suitable. He said that it was not in a residential area. 278 Mr. Lacy Anderson appeared in opposition to this rezoning and stated that the dust caused by the plant would be detrimental to the residentsiof Gore. He stated that there was quite a bi of pollution coming from the Unisil Plant now. Mr. Sandy asked if there were any environmental controls up there and Mr. Anderson stated i that they had a dust collector but that it only gets about 10% of the dust from plant itsel Mr. Ebert stated that the location is at the very fartherest end of the property which would be more than 1000 feet from Back Creek. He stated that the company assured him that they would take every precaution against pollution because of the government controls and there would be no dust. Mr. Cole asked if the company could come before the Board and explain further what they plan to do with the property. He stated that he felt they should represent themselves before the Board. Mr. Ebert stated that the company could not come to another board meeting. He stated that they could have come today but did not feel it waslnecessary and if the property were not rezoned today they will probably locate elsewhere. Mr. Russell asked if any of the officials of the company had talked with the Planning and Zoning Committee and Mr. Ebert stated that he had handled it for them. Mr. Cole stated that the Board would have a better idea of what they were getting into if some of the officials would come before the Board and explain their operations. He said that we have enough pollution problems here in Frederick County now and asked what assurance Mr. Ebert could give the Board on the possible pollution problems presented by this company. Mr. Ebert stated that the company would havelto comply with the government controls and that they assured him they would take every precaution against pollution. Mr. Alderman asked if this company would file an environmental impact statement and Mr. Ebert said he was sure they would if so requested. Mr. Madigan explained the operations planned at the plant and said that it would be almost pollution free and that any dust would settle within 10 yards of the plant. Mr. Madigan stated that the company would use a 2 inch pipe to take care of the water. He stated that the Unisil Corporation is working on their five million dollar plant'and they will solve a good bit of the pollution problem there especially the sand going into the creek and most of the dust problem. There was discussion as to whether or not there was any pollution control within the building code and Mr. Alderman stated that the building code did not contain specifications for environmental protection. Mr. Russell asked Mr. Madigan if he had talked with the President of the Company and if i the president had said that the operation would be nearly pollution free. Mr. Madigan said that was correct. Mr. Cole stated that any company that was interested in coming into Frederick County should come before the Board and explain themselves. He said that he had a phone call from a lady in Gore about the sand. He said that he did not like to be pressured into anything. He said that he felt the Board was voting for something and they did not know what was coming. Mr. Madigan stated that he felt it would be as clean an industry as you will find in M -2 I and that it was under -roof. He said he had talked with many residents in Gore and they had no objections. I Mr. Cole asked how large this plant could get and Mr. Madigan said not too large because the land was not suitable for building a large plant. Mr. Russell said that if Mr. Madigan had talked with the president of the company he did not feel they would get any thing more than they had today, but he did feel that any industry should represent themselves before the Planning Commission and the Board of Supervisors. Mr. Cole said he felt the Board was being hasty and that this was the most open zoning you could get into. He said this is mining and M -1 is a different story. Mr. Sandy said that he did not feel men on the Planning Commission felt the political pressure that the men on the Board of-Supervisors did. 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 application of Lee A. and Joan P. Ebert to rezone a parcel of land containing 10.0 acres, situated in Back Creek Magisterial District and located east of State Route 632 and East of Winchester and Western Railroad from Agriculture (A -1) to Industrial (M -2).' By recorded vote with Raymond C. Sandy, Donald R. Hodgson and Richard F. Madigan voting "For" and J. Robert Russell and Dennis T. Cole voting "against" the above resolution was passed 279 LEASE - PURCHASE AGREEMENT FOR LANDFILL AND COLLECTION EQUIPMENT - APPROVED Mr. Alderman explained the proposals received and stated that Compass Financial Corporation was recommended and that the lease may be cancelled after one year. Mr. Russell stated that this was the proper thing to do in his opinion. Mr. Cole stated that he felt the Board was really taking a step forward in lease- Secr ary, Board of Supervisors Chairman, ry s and of Supeis purchasing this equipment. ' 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, that the County Administrator.is herein authorized to enter into an agreement with Compass Financia Corporation for the lease - purchase of one compactor and one front loader in the amount of ' $96,420.00 for a period of thiry -six (36) months. The above resolution was passed unanimously. ' DONALD STOTLER - TRAILER PERMIT APPROVED Upon motion by J. Robert Russell and seconded by Richard F. Madigan, Chairman Sandy presented a check in the amount of $1,200.00 to Reverend Willard of BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein ' approve the trailer permit of Donald G. Stotler located in Gainesboro Magisterial District on Route No. 127. The -above resolution was passed unanimously. AMENDMENT TO BUILDING CODE ORDINANCE FIRST AND SECOND READING - APPROVED Mr. Alderman explained that the amendment to the Building Code Ordinance would control construction of flood plains in the 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 Frecerick does herein lapprove'on and second reading the following amendment to the Building Code Ordinance: AN ORDINANCE TO AMEND AN ORDINANCE PASSED MAY 10, 1972, PROVIDING FOR FIRE LIMITS, AND REGULATIONS GOVERNING THE CONSTRUCTION, ALTERATION, REMOVAL DEMOLITION, EQUIPMENT, USE AND OCCUPANCY, LOCATION AND MAINTENANCE OF ' BUILDINGS AND STRUCTURES IN THE COUNTY OF FREDERICK, VIRGINIA. The above resolution was passed unanimously. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Secr ary, Board of Supervisors Chairman, ry s and of Supeis At the Regular Meeting of the Board of Supervisors of the County of Frederick, Vir- ginia, held in the Supervisors' Room the 13th day of December, 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. ' The minutes of the meetings held on October 11th, October +.26th, November 8th and November 22, 1972, were approved as corrected upon motion made by Richard F. Madigan and seconded by J. Robert Russell. PRESENTATION OF CONTRIBUTION WINCHESTER VOLUNTEER RESCUE SQUAD Chairman Sandy presented a check in the amount of $1,200.00 to Reverend Willard of ' the Winchester Volunteer Rescue Squad representing the County's donation for 1972 -1973. Mr. Willard thanked'the Board for their support and'the cooperation in the past and stated that he was looking forward to continued good relations with Frederick County. ACCOUNTS PAYABLE - APPROVED Mr. Boyd presented the accounts payable for the month of November. Accounts payable totaling $80,083.14 were read and approved and ordered to be paid from the General County Fund by Warrants #01676 to #01908 and accounts totaling $1,043.16 for Parks and Recreation were read and approved and ordered to be paid from the Parks and Recrea- tion Fund by Warrants #00136 to #00154. The accounts payable were approved upon motion made by Richard F. Madigan and seconded by J. Robert Russell. NOVEMBER PAYROLL - APPROVED Payrolls totaling $18,041.01, paid from the General County Fund by Warrants #01622, to #01675;: payrolls totaling $2,520.99 for Parks and Recreation, paid from the Parks and Recreation Fund by Warrants #00122 to #00135, were read and approved upon motion made by Richard F. Madigan and seconded by Dennis T. Cole. BONDS AGENT - COUNTY OFFICIALS' BONDS - TABLED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole the Board tabled the appointment of a bonds agent for the county officials' bonds until the January meeting. SALARIES OF LOCAL CONSTITUTIONAL OFFICERS AND EMPLOYEES - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, pursu- ant to Sections 14.1 -63 and 14.1 -79 of the Code of Virginia as amended by the 1972 Session of the General Assembly, the County of Frederick does hereby agree to pay1he entire amount of salaries, expenses and other allowances of the offices of Treasurer, Commonwealth Attorney, Commissioner of Revenue, and Sheriff beginning with the January, 1973, payroll, with reim- bursement for the States proportionate share of such salaries, compensation and benefits to be reimbursed directly to the County Treasurer as provided by Section 51- 111 -36 of the Code of Virginia as amended; and, BE IT FURTHER RESOLVED That the Director of Accounting is hereby directed to notify the State Compensation Board of this requested change and is further designated the responsi- bility of preparing the necessary vouchers and submission of supporting data as required by the above mentioned agency. The 1972 -73 Budget for the County of Frederick is hereby amended as follows to reflect this change in payroll procedure; General Revenue Fund Receipts: Code 629 Reimbursement for salaries of Treasurer, Sheriff and Commissioner of Revenue Offices $55,925.68 General Fund Expenditures: 02 -002A -102 $2,546.52 02- 002A -109A 1,698.48 02- 002A -109B 1,329.24 02- 002A -109C 1,292.52 02- 002A -109D 1,213.20 03 -003A -102 2,373.78 03- 003A -109A 1,371.48 03- 003A -109B 1,160.46 03- 003A -109C .1,099.98 03- 003A -109E 56.50 06 -006A -102 3,341.34 06- 006A -106A 2,607.36 06- 006A -106B 2 06- 006A -106C 2,528.34 06- 006A -106D 2,446.98 06- 006A -106E 2,416.02 06- 006A -106F 2,400.00 06- 006A -106G 2,400.00 06- 006A -106H 2,006.64 06- 006A -106I 1,906.68 06- 006A -106L 1,944.00 06- 006A -106M _ 1,934.34 06- 006B -106A 2 06- 006B -106B 1,944.00 06- 006B -106C 2,066.70 06- 006B -106D 1,398.66 05 -005C -102 2,637.48 05- 005C -102A .1,978.26 05- 005C -102B 1,371.48 The above resolution was passed unanimously. $55,925.68 TRANSFER OF FUNDS - MAP PROGRAM - APPROVED Upon motion made by Dennis T. Cole. by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein authorize the transfer of $2,500.00 from account number 10 -1OG -123 to account number 01 -1G -326 within the FY 72 -73 Budget for the purpose of purchasing maps and case. The above resolution was passed unanimously. DATA PROCESSING UPDATE - APPROVED Mr. Boyd explained the proposed updating and why it was necessary stating that the present equipment was operating at 100% capacity. He stated that the new equipment could probably serve the county for the next 5 years before it would need updating again. Mr. AlderTan explained how the system would operate and stated that it was a basic foundation and could be built on as the County grows. I L Upon motion made by Richard F. Madigan aid seconded by J. Robert Russell, 281 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein authorizeaantagreement between, the iInternational Machines and . the -Courity oft Freder cknforAthe�, purposero fnupdatingi,theNCountytData Processing Centera e. -.a of ...1 {" r-;u L.:. The above resolution was passed unanimously. J BO MINUTE BOOKS TO BE KEPT IN COUNTY ADMINISTRATOR'S OFFICE - APPROVED Mr. Ambrogi stated that his interpretation of the Code was that the Board Minute Books should be kept in the office of the County Administrator. There was discussion as to the necessity of placing these books in a fire proof safe. Upon motion made by Richard F. Madigan and seconded by J. Robert Russel }, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein direct that the books, records, and accounts of the Board of Supervisors shall be depositdd with the County Administrator and shall be open, without any charge, to the examination of all persons. The above resolution:-was passed unanimously. 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 process of microfilming the minute books be studied and considered by this Board upon report of this study. The above resolution was passed unanimously. AUTHORIZATION TO EMPLOY A DRAFTSMAN - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, WHEREAS, There exists a need for the services of a professional draftsman by various County departments and agencies; and, WHEREAS, It is the opinion of this Board that such a position is of vital need to the County Government; BE IT RESOLVED,, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize the position of draftsman within the of Engineering; and, BE IT FURTHER RESOLVED, That a supplemental appropriation in the amount of $2,000.00 is herein made to said departmental budget. The above resolution was passed unanimously. REQUEST FOR ADDITIONAL EXTENSION WORKER - APPROVED Mr. Alderman stated that this would be an experimental program through V. P. I. and in the past the extension program has been in agricultural areas and that this would broaden the extension program into other much needed areas. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein request the addition of one (1) Extension Agent for the County of Frederick;. and, BE IT FURTHER RESOLVED, That it is requested that this position be filled by a specialist in Community Planning. The above resolution was passed unanimously. APPOINTMENTS - COURT HOUSE ADVISORY COMMITTEE - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, WHEREAS, The citizens of this County have expressed a desire to construct a new County Office Building and Court House; and, WHEREAS, It was also the opinion,of the voters of this County that this facility be located within the County of Frederick; and, WHEREAS, It is the desire of this Board to carry out the wishes of the citizens of this County and to continue to draw upon the advice and guidance of our community leaders in planning for the development of our County; therefore, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein appoint the following Citizen's Advisory Committee to make recommendations to this Board on such questions as site selection, building style, and means of financing and such other recom -: mendations as they deem necessary: Stonewall District - Robert Henry Eugene Hoover Leonard Ellis Shenandoah Hills Siler Star Rt. Stephenson, Va. Winchester, Va. Winchester, Va. Shawnee District -'Jim Robertson Ed Lambert Joe Bugarski Frederick Heights Burning Knolls Front Royal Road Winchester, Va. Winchester, Va. Winchester, Va. Back Creek District- Ross Farrar Glen O +:Rear Harold I. Phillips Star Tannery, Va. Mt. Falls Route Mt. Falls Rt. Winchester, Va. Winchester,. Va. 282 Gainesboro District - Leslie Campbell Alson Smith E. W. Adams, Jr. Nain Virginia Martinsburg Pike Gainesboro, Va. Winchester, Va. Opequon District - Herbert Shackleford Maxine Orndorff John J. Pickeral Lakeside Estates Stephens City, Va. Middletown, Va. Stephens City, Va. AND BE IT FURTHER RESOLVED, That Judge W. E. Edwards, Harry McCann, Lacy Anderson, Lawrence Ambrogi, George Whitacre and Dorothy Keckley and Eston O. Rudolph be appointed to serve as members at large on the above committee. The above resolution was passed unanimously. REPORT - DIRECTOR OF INSPECTIONS Mr. Blair Webber, Director of Inspections, appeared before the Board and gave the fo ing report: BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Report from Nov. 1 through Nov. 30, 1972: Mrs. Caroline Building Permits Issued 31 Amount of Permits Issued $550,168.00 Fees From Permits Issued 1,345.50 Building Code Manuals Sold 2.00 Inspections Made 9 New Dwellings Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, 2 Additions Virginia, 1 Misc. 1. Robert Caldwell (No. 0110 1 Milk Parlor 1 Garages 2. Gladdys Ogden (No. 0124) 1 Enclose Porch 1 Storage Shed 3. Glen E. Russell (No. 0116) 2 TRAILER PERMITS 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 table until the January, 1973, Meeting, the trailer applications of Mrs. Caroline Cook in Stonewall District and Mr. M. Austin Creasy in Gainesboro District. The above resolution was passed unanimously. Trailer Permits Denied Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED,TThat the Board of Supervisors of the County of Frederick, Virginia, does herein deny the trailer application of James F. Payton in Shawnee District for the reason that it does not have Health Department approval. Trailer Permits Approved Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following trailer permits: 1. Robert Caldwell (No. 0110 Paper Mill Road - South Side Back Creek District 2. Gladdys Ogden (No. 0124) Route 11 South of Middletown Opequon District 3. Glen E. Russell (No. 0116) Route 667 near Brucetown Stonewall District 4. Herbert E. Wells (No. 0128) Route 761 Stephenson Stonewall District The above resolution was passed unanimously. 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 trailer applications: 1. Robert Lee Oates (No. 0125) Route 259 Back Creek District 2. Clarence P. Tant (No. 0127) Lincoln Estates Back Creek District The above resolution was passed unanimously. VARIANCE REQUEST - SHIRLEY MARTIN - APPROVED Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein grant a variance to Shirley Martin on a certain parcel of land with less than 150 foot frontage located in Gainesboro Magisterial District, about five (5) miles northwest from Win- chester, and along the eastern side of State Roadway No. 654 (south of 522 north) with acreage of 43,560 square feet and a frontage of 100 feet and depth of 435.6 feet. The above resolution was passed unanimously. 233 LIVESTOCK CLAIMS - APPROVED Mr. Harold Whitacre, Frederick County Dog Warden, appeared before the Board and presented his report. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following livestock claims: ' 1. William L. Whitacre Gainesboro District 12 Ewes '@ $15.00 assessment------ - - - - -- $180.00 2. Dr. Sam Whitacre Stonewall District 3 lambs 75 lbs. ea. @ 22(,� per lb. - - - - -- 49.50 1 ewe @$20.00 assessment--------- - - - - -- 20.00 669:50 The above resolution was passed unanimously. REPORT - DEPART.OF HIGHWAYS - MR. KING Mr. King appeared before the Board and gave his monthly report. Request to keep Merriman's Lane Open Mr. Russell presented a request from the Farm Bureau asking the Board of Supervisors to request the City of Winchester to keep Merriman's Lane open. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request the City of Winchester to leave Merriman's Lane, from Route 622 to Route 50 west, open to trucks until Route 37 is completed and strongly urges the completion of Route 37. The above resolution was passed unanimously. Virginia Drive - Lone Oak Subdivision - Approved Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does ' herein approve the addition of Virginia Drive in Lone Oak Subdivision, Section 4, to the Secondary Highway System as follows: Virginia Drive, From Route 641 to Route 849 - Length .36 mile This street has been constructed by the developer in accordance with the Frederick County Subdivision Ordinance and the Highway Department's policy for Subdivision Streets. This street has a pavement depth of 8 inches, is 22 feet in width with a bituminous treated surface, An unrestricted right of way of 50 feet in width is guaranteed. This right of way is recorded in the Clerk's Office of Frederick County in Deed Book 376, Page 678 dated May 28, 1971. The above resolution was passed unanimously. MR. RHINEHART - TIRE STOCKPILE - DISCUSSED Mr. Rhinehart stated that he felt the County should come and observe the stockpile of tires they have. He stated that he had between 225,000 and 230,000 tires in his possession. Mr. Alderman stated that Mr. Rhinehart had accepted the tires on a permanent basis and that they were not being stockpiled for the County. Mr. Rhinehart stated that he had said he would store the tires until the County could make provisions for them. He said he was not making any charge for this service. VARIANCE - BLAIN WILSON - APPROVED Mr.BTaine Wilson appeared before the Board requesting a variance be granted from Article II, Paragraph 2(b) of the Subdivision Ordinance which requires that a parcel of land may be separated if it is 11 (3) at least one acre in area, and (4) not less than one hundred and fifty (150) foot frontage. He further stated that the parcel of land contains 21,316.34 square feet and is locatediin Gainesboro Magisterial District, lying north of U. S. Route 522 and north- ' west of the northern end of Virginia Secondary Route 746. Said parcel is more particularly described by the following metes and bounds. Beginning at an iron pin in the western line of the F. J. Kowalski Land located in a twenty (20) foot right -of -way established by Deed dated December 24, 1965, thence N. 54 90!' 30 " parallel to and twenty (20) feet.north of the land of H. R. Heishman one hundred seventy (170) feet to an iron pin; thence N. 29 53' 24 E one hun- dred twenty seven and fifty hundredths (127.50) feet to an iron pin; thence S 54 30' 30" E ' one hundred seventy (170) feet to an iron pin in the line of F. J. Kowalski; thence S 29 53' 24" W one hundred twenty seven and fifty hundredths (127.50) feet to the point of beginning. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the above described variance from the Subdivision Ordinance is hereby granted to Mr. Blaine Wilson. The above resolution was passed unanimously. MR. RHINEHART - TIRE STOCKPILE - DISCUSSED Mr. Rhinehart stated that he felt the County should come and observe the stockpile of tires they have. He stated that he had between 225,000 and 230,000 tires in his possession. Mr. Alderman stated that Mr. Rhinehart had accepted the tires on a permanent basis and that they were not being stockpiled for the County. Mr. Rhinehart stated that he had said he would store the tires until the County could make provisions for them. He said he was not making any charge for this service. on The Board decided to table the matter for further discussion. REPORT - DEPARTMENT OF ENGINEERING Mr. Thomas Maccubbin appeared before the Board and gave his monthly report on the Land- fill stating that it is in generally good condition. Clarke - Winchester - Frederick Landfill Agreement Approved: Mr. Alderman stated that Clarke County and the City of Winchester had approved the Landfill Agreement. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the landfill agreement between the County of Clarke, Virginia, the City of Winchester, Virginia and the County of Frederick, Virginia; the full agreement is on file in the Office of the County Administrator. The above resolution was passed unanimously. Frederick County - Winchester Landfill Agreement Approved Mr. Alderman recommended the approval of the agreement. 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 hem n approve the Landfill Agreement between the County of Frederick, Virginia, and the City of Winchester, Virginia a copy of which agree- ment is on file in the Office of the County Administrator. The above resolution was passed unanimously. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson the Board retired into Executive Session. The meeting was reconvened by Chairman Sandy. PURCHASE OF SCALE HOUSE - 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 authaize the pur- chase of the present scale house at the Landfill from H. C. Christianson for $1,511.1n The above resolution was passed by recorded vote with J. Robert Russell, Donald R. Hodgson and Richard F. Madigan voting "for" and Dennis T. Cole voting "against" and the Chairman not voting. NORMAN SCHMIDT - MIDDLETOWN FM RADIO STATION Norman Schmidt of Radio Station WFFD appeared before the Board and stated the station was now in operation and would strive to provide good community services. BUILDING CODE ORDINANCE AMENDMENT - APPROVED Dennis T. Cole stated that he felt this was a plan needed by the County as evidenced by the floods last summer and the damages suffered by the people. Mr. Richard Stine stated that he felt the ordinance was ridiculous and infringed on the rights of indi- viduals There was discussion between Mr. Cole and Mr. Stine as to the protection offered the citizens by this ordinance. Mr. Alderman stated that in order for citizens to qualify for flood insurance this ordinance must be in effect. Mr. Russell cited the problems encountered in the Fox Drive area two years ago because of homes being constructed in areas where flooding was apparent. 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 on third and final reading the following ordinance: AN ORDINANCE TO AMEND AN ORDINACE PASSED MAY 10, 1972, PROVIDING FOR FIRE LIMITS AND REGULATIONS GOVERNING THE CONSTRUCTION, ALTERATION, REMOVAL, DEMOLITION, EQUIPMENT, USE AND OCCUPANCY, LO - CATION AND MAINTENANCE OF BUILDINGS AND STRUC- TURES IN THE COUNTY OF FREDERICK, VIRGINIA. (refer to page 284A) The above resolution was passed unanimously. PUBLIC HEARINGS - REZONING APPLICATIONS The Chairman declared public hearings at the times indicated on the agenda and the following rezoning 2 8 4 A AN ORDINANCE TO AMEND AN ORDINANCE PASSED MAY 10, 1972, PROVIDING FOR FIRE LIMITS, AND REGULATIONS GOVERNING THE CONSTRUCTION, ALTERATION, REMOVAL, DEMOLITION, EQUIPMENT, USE AND OCCUPANCY, LOCATION AND MAINTENANCE OF BUILDINGS AND STRUCTURES IN THE COUNTY OF FREDERICK, VIRGINIA. BE IT ORDAINED, By the Board of Supervisors of the County of Frederick, Virginia, that the following amendment is herein made: Section 1 : Section 16 is herein added to referenced ordinance and reads as follows: (a) No permit shall be issued for the construction, or alteration of any structure on lands that are deemed to be situated within a flood plain area. Such flood plain areas shall be defined as the geographical area within the flow line of a standard projected flood as defined by the Corps of Engineers or such areas that are known to be hazardous due to various geographical conditions, such as constant wetness, soil erosion, mud elides, sink areas, and etc. (b) It shall be the responsibility of the applicant to provide ample information indicating that the requested permit area does not fall within the above defined area. Section 2 : In the event that any section, clause or requirement of this ordinance be proven invalid, such invalidation shall not affect the remainder of this ordinance. Section 3 : This ordinance shall be in full force and effect upon passage. r , X, X X'= X x x x x x x x x x x x x x x x x x x x X X x x X x x x X X x x X X x X x x x ,x X x x x x x x x x X x X x X X X X x X X X X X x X X x X X X x x x x x x x x x x x x x x x x x x x x x X x X x X X x x X x x X X x x X xx xx X X x X x x x X X X X X R x x x x x x x x x x R x x x x x x x x x x x x x X x x X x X x X x x x x x x x x X x x X x x x x x x x x X x x X x x x x x x x X x X x x x x x x X x x x x x x x x x X x x x R x x X x X x x x x x x x x x x x x x x x X xx x x x x x x ' x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x X x x x X x x x x x x x X x R x x x x x X x x X X x X R R x 1 ;I 285 were heard; ication - George M. and Ruth G. Kelchner Mr. Ben Butler appeared before the Board representing Mr, and Mrs. Kelchner and stated that they plan to construct a filling station on the property and that was in conformity with the area. Mr. Russell stated that he felt this was a commercial area . 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, Virginia does herein approve the application of George M. and Ruth G. Kelchner to rezone a parcel of land, known as Lot 1 of the lots of John W. Hoover located at the northwest corner of the intersection of U. S. Route 50 and Virginia Secondary Route 654 in Gainesboro Magisterial District; from Agriculture (A -1) to Business (B -2). The above resolution was passed unanimously. - James N. Mr. Sandy called for opposition to the rezoning application of James N. Marlow, Inc. There was none. Mr. Russell asked what it would be used for and Mr. Marlow said residential development. 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 rezoning application of James N. Marlow, Inc, to rezone a parcel of land containing 19506 acres; located at the northwest end of 4th Street at the Town of Middletown Corporate Limits in Opequon Magisterial District; from Agricultural (A -2) to Residential (R -2). The above resolution was passed unanimously. N. Marlow, Inc. - Subdivision Plat - A Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table the water and sewer permits of James N. Marlow, Inc. Subdivision until the January, 1973 meeting. The above resolution was passed unanimously. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the Subdivision Plat of James N. Marlow, Inc. subject to the approval of the water and sewer permits aid subject to the payment of $100.00 per lot for recreation, to be paid at the time the building permit is issued. The above resolution was passed unanimously. Rezoning Application - Jasbo, Inc. - 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, Virginia, does herein approve r the tayoningapplication of Jasbo, In. to rezone a parcellof land containing 38.371 acres: located on the south side of Virginia Secondary Route 659 in Shawnee Magisterial Districts from Residential (R -1) to Residential (R -2). The above resolution was passed unanimously.'. Rezoning Application - Lewis A. Boyer, et al - Referred Back to Planning Commisssion Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors ofthe County of Frederick, Virginia, does herein refer the rezoning application cf Lewis A. Boyer, et al back to the Planning Commission for consideration. The above resolution was passed unanimously. Rezoning Application - Reimers Electra Steam, Inc. - Approved: Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the rezoning application of Reimers Electra Steam, Inc. to rezone a parcel of land containing 1.76 acres of 286 , land; located on the west aide of U. S. Route 11 and on the east side of Interstate Route 81 in Stonewall Ma- gisterial District; from Agricultural (A -2) to Industrial (M -1). The above resolution was passed unanimously. COUNTY VEHICLE TAG REFUND - APPROVED 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, Virginia, does herein approve a refund in the amount of $ln, ()0 to Robert E. Belford for a county vehicle sticker which he purchased but never used as the vehicle was subsequently sold before the sticker was applied. The above resolution was passed unanimously. TAX REIMBURSEMENTS - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following tax reimbursements upon recommendation of Eaten O. Rudolph, Commissioner of Revenue. 1. Loy M. Twigg 625 Fox Drive Winchester, Va. $52.7() 2. Mrs. Florine Gould P. O. Box 11 Clearbrook, Va. $30.00 The above resolution was passed unanimously. DIRECTOR OF INSPECTIONS TO-COORDINATE COUNTY BUILDING THE VIRGINIA DEPARTMENT OF EDUCATION Upon motion made by Richard D. Madigan and seconded by J. Robert Russell, WHEREAS, The Frederick County Board of Education has advised this Board that there is conflict in standaab between the County Building Code and the Virginia School Construction Standards; and, WHEREAS, It is the desire of this Boardto maintain safe and reasonable standards in all public schools: NOW THEREFORE BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein direct the Director of Inspections to coordinate the County Building Code and the construction standards of the Virginia Department of Education in such a manner as to maintain proper and necessary construction techniques. The above resolution was passed unanimously. CREATION OF REVENUE SHARING FUND - APPROVED Upon motion made by Ricahrd F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of theCounty of Frederick, in accordance with Public Law 92 -512 of the 92nd Congress, does herein create a special fund for the deposit and controlof Federal Revenue Sharing Funds. The above resolution was passed unanimously. Mr. Alderman reminded the Board of a meeting being held tonight, December 13, 1972, at 7 :30 in Front Royal at the Virginia Gentlemen Restaurant. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Cha A