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December 29, 1972 to January 24, 1973{ 287 f d } 1 At a Special Meeting of the Board of Supervisors of the County of Frederick, Virginia, held in the Supervisors Room on the 2nth day of December, 1972. PRESENT: Raymond C.Sandy, Chairman; J. Robert Russell, vice - Chairman; Donald R. Hodgsoni Richard F. Madigan; and Dennis T. Cole. Upon motion .made by Richard F. Madigan and seconded by J. Robert Russell, the minutes of the meeting held on the 13th day of December, 1972, were waived until the next regular meeting. EBERT REZONING - APPROVED Mr. Henry Whiting appeared before the Board representing Mr. Ebert and the corporation requesting rezoning of the property. Mr. Ebert presented Mr. Carter Bond, Production Manager of C. V. Minerals Division of Combustion Engineering. Mr. Bond stated that the industry to be carried on at this plant would be to bring sand down ` ifrom the Unisil Corporation, process it, bag it and ship it out. He explained the operation in detail and stated that the processing would be done completely within the plant and that tests had shown no dust from the processing. He stated that they had applied withthe Virginia State Air Pbllution Control Board for approval of this plant. Mr. Cole stated that he felt the property should not be rezoned until approval had been re- ceived. Mr. Russell thanked the representatives from the C. V. Minerals Co. for appearing before the Board. Mr. Sandy asked if there was any opposition to this rezoning. Mr. Cole stated that he felt differently about this rezoning now because he understood more fully u the operations of the plant and the regulations they would have to meet. Mr. Russell said he felt much the same way. 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 application of Lee A. and Joan P. Ebert to rezone a parcel of land containing 1.00 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). The above resolution was passed unanimously. UPON NOTION DULY MADE AND IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held in the Supervisors on the 10th day of January, 1973. ELECTION - CHAIRMAN AND VICE- CHAIRMAN PrESENP: Raymond C. Sandy; J. Robert Russell; Richard F. Madigan; Donald R. Hodgson; and Dennis T. Cole. The meeting was called to order by the County Administrator. Mr. Alderman asked how the Board desired to conduct the election of the new Chairman and Vice Chairman. Motion was made by Richard F. Madigan to nominate by voice and that the votes be cast by secret ballot: that if the voting resulted inua 2, 2, 1 vote the low man be dropped and the ballots be cast again on the top two men. This motion was seconded by Raymond C. Sandy. The above motion was passed by a roll.call vote as follows: Dennis T. Cole - No; J. Robert Russell - Aye; Raymond C. Sandy - Aye; Richard F. Madigan - Aye and Donald R. Hodgson - Aye. The County Administrator stated that nominations were open and because of the small number involved, seconds would not be necessary. Mr. Raymond C. Sandy was nominatedfor the Chairmanship by Richard F. Madigan. yr. J. Robert Russell was. - nominated for the Chairmanship by Mr. Donald R. Hodgson. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, the nominations were closed. = 0 0 a 4b Mr. Russell stated that he had been asked to run for the Chairmanship and after much consideration he had decided to do so. He stated that he appreciated the honor of being asked to run for this position. He stated that he felt the Board was doing a good job and that he felt very strongly that good relationships must be maintained between the Board members and the newspapers. He stated that in his committment to run for the Chairmanship, he would not vote for himself and that he would like to have more than a majority if he was to assume this position. The ballots were cast four times and each time resulted in a tie vote. After a brief executive session, the Board reconvened, Dennis T. Cole made the motion to abolish the previous method of election by secret ballot and this motion was seconded by Raymond C. Sandy. The above motion was passed unanimously. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, the Board approved unanimously that the Chairman would be elected on a rotating basis for a term of one year, with no board member serving more than one year; and that the same procedure be followed for the vice - chairmanship. The above resolution was passed unanimously. The County administrator asked for nominations for the chairmanship. Richard F. Madigan placed the name of Raymond C. Sandy in nomination. There were no other nominations. Mr. Hodgson moved that the nominations be closed and Mr. Sandy was elected Chairman by the following roll call vote: Dennis T. Cole - Aye; J. Robert Russell - Aye; Raymond C. Sandy - Aye; Richard F. Madigan - Aye and Donald R. Hodgson - Aye. The County Adminstrator then called for nominations for the vice - chairmanship. The name of J. Robert Russell was placed in nomination by Raymond C. Sandy. There were no further nominations. Mr. Madigan moved that nominations be closed and Mr. Cole seconded the motion. Mr. J. Robert Russell was elected vice - Chairman by the following roll call vote: Dennis T. Cole - Aye: J. Robert Russell - Aye; Raymond C. Sandy - Aye, Richard F. Madigan - Aye; and Donald R. Hodgson - Aye. BOARD MEETING DATES AND TIMES ESTABLISHED 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 establish the second Wednesday of each month and the fourth Wednesday of each month as the dates for the regular meetings of this Board and does herein set the time for said meetings at 7 :01 P.M. The above resolution was passed unanimously. COMMI'IICEE APPOINTMENTS - 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 following committee appointments: COMMITTEE ON FINANCE Richard F. Madigan, Chairman Raymond C. Sandy Director of Accounting Treasurer Commissioner of Revenue Director of Data Processing COMMITTEE ON LAW ENFORCEMENT COMMITTEE ON PLANNING AND DEVEIQPMEW Robert Russell, Chairman Richard Madigan Chairman of the Planning Commission Director of Planning County Planner COMMITTEE ON ENGINEERING AND CODE ENFORCEMENT Denny Cole, Chairman Donald R. Hodgson Sheriff Commonwealth Attorney Deputy County Administrator Clerk of the Courts Judge of the County Court Donald Hodgson, Chairman Denny Cole Deputy Engineer Director of Inspections Director of Sanitation Authority 1 1 g • • COMMITTEE ON HUMAN RESOURCES Raymond Sandy, Chairman Robert Russell Director of Recreation Director of Welfare Superintendent of Schools The above resolution was passed unanimously. MINUTES - APPROVED Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, the minutes of the regular meeting held on December 13, 1972 and the special meeting held on December 20, 1972, were read and approved unanimously. ACCOUNTS PAYABLE - APPROVED Mr. Jim Boyd presented the accounts payable for the month of December. Accounts totaling $31,579.•34 were read and approved and ordered to be paid from the General County Fund by Warrants #01962 to #02089 and accounts totaling $758.40 for Parks and Recreation were read and approved and ordered to be paid from the Parks and Recreation Fund by Warrants #00168 to #700184. The accounts payable were approved upon motion made by Richard F. Madigan and seconded by J. Robert Russel 1q DECEMBER PAYROLL - APPROVED Payrolls totaling $17,987.93, paid from the General County Fund by Warrants #01909 to #01961, and payrolls totaling $2,787.99 for Parks and Recreation, paid from the Parks and Recreation Fund by Warrants #00155 to #00167, were read and approved ppon motion made by Richard F. Madigan and seconded by Dennis T. Cole, DIRECTOR OF ACCOUNT INCREASE PETTY CASH FUND - APPROVED Mr. Jim Boyd appeared before the Board and requested that the petty cash fund in the office of the i Director of Accounting be increased to $500,00 Upon motion made by Dennis T. Cole and seconded by:J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the request of Mr. James Boyd to increase the petty cash fund in the office of the Director of Accounting to $500.00. The above resolution was passed unanimously. APPOINTMENT OF DEPUTY - MARJEC, INC. - APPROVED Mr. Joseph Massie and Sheriff Anderson appeared before the Board and presented a contract providing for the employment of a special deputy for Marjec, Inc. 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 contract between t}e Sheriff's Department, Marjec, Inc., and the County of Frederick for the employment of a Special Deputy to assist in the patrolling and various law enforcement matters on Marjec, Inc. property (copy of said contract is on file in the office of the County Administrator). The above resolution was passed unanimously.' SHERIFF'S DEPT. - SALE OF SURPLUS VEHICLES - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board ofSupervisors of the County of Frederick, Virginia, does herein r1 L approve, upon the arrival of the new vehicles, the sale by the Sheriff's Department of surplus vehicles. The above reslution was passed unanimously. HIGHWAY DEPARTMENT REPORT - MR. KING Mr. Alderman presented a request to Mr. King to have Landfill Signs placed on Route 5'?, pointing to Route 655, and signs showing directions to the Frederick County Dog Kennel placed in the county. Mr. King stated that he would look into these requests. Mr. Alderman presented a request from Buckley -Lagos to abandon approximately 800 lin, feet of right of way from just east of existing railroad to Interstate 81. Mr. King advised the Board that necessary legal steps 290 would have to be taken in order to grant this abandonment. The Board stated that these procedures would be followed. Dunbar Subdivision - Addition Approved: Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That Martin Street from Route 789 to Dunbar Street and Dunbar Street from Martin Street ' to.03 miles south, a total distance of .13 miles in Dunbar Subdivision be added to the secondary system of State Highways pursuant to Section 33.1 -229 of the 1950 Code of Virginia as amended. A 40 foot unrestricted right of way is guaranteed in Deed Book 196 , Page .407 dated June 4, 1946 and Deed book 405 , Page 164 , dated June 24, 1972 as amended by Certificate of Correction, dated September 14, 1946. ' The Board also grants the 30 foot right of way from the end of this addition to Route 852 to the Depart- ment of Highways for use as a drainage easement or any other use deemed necessary. SYMPATHY EXPRESSED IN THE DEATH OF MR. H. C. CROWDER Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, WHEREAS, The Board of Supervisors of the County of Frederick wishes to express their deep feeling of in the death of H. C. Crowder; and, WHEREAS, This Board wishes to express this feeling to the family of Mr. Crowder and the employees the Virginia Department of Highways; therefore, BE IT RESOLVED, That the Board ofSupervisors of the County of Frederick does herein express their to the family of Mr. H. C. Crowder and the employees of the Virginia Department of Highways in their our loss of this devoted husband, father, and valuable public servant. SUBDIVISIONS - MR. BASS Cole Re- Subdivision - Approved ' Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the re- , sion of the Cole Lots located on Route654, Stonewall District, by the addition of 15 feet to the back of lot. The above resolution was passed with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan and R. Hodgson all voting "for" and Dennis T. Cole abstaining. B. M. K: Subdivision - Variance 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 the variance by B M K Subdivision. The above resolution was passed unanimously. L. D. Ritter - Carter Hall Subdivision - Referred to Planning Commission , After discussion the Board referred the Carter Hall Subdivision to the Planning Comnission. Brown Variance - Approved Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That The Board of Supervisors does herein approve the variance request to the Brown 'tY. , The above resolution was passed unanimously. Mr. Sandy stated that henceforth the Board would adhere strictly to the regulation that all subdivision must be in the hands of theCounty Administrator 10 days prior to the Board Meeting. TRAILER PERMITS Trailer Permits - Approved: Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan. BE IT RESOLVED, That the Board ofSapervisors of the County of Frederick does herein approve the 291 following trailer applications: 1. Garland Boyce (9112) Rt. 616 South of Route 608 Back Creek District 2. Garland Boyce ( #139) Route 616 South of Route 608 Back Creek District 3. Isaac E. Davis ( #113) Broad Avenue Shawnee District 4. Bobbie L. Williams ( #129) Route 654 Gainesboro District 5. Mrs. Lou Emma Hoover,' ( # 137) Rt. 630 South of Rt. 608 Gainesboro District 6. George Haendel ( #0147) Rt. 618 Back Creek District 7. Clifton Johnson ( #0144) old Route 522 S Opequon District 8. Donald Saville Rt. 671 Stonewall District 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 does herein approve the following trailer applications: 1. Virginia Carver ( #143) Rt. 612 South of Rt. 608 Back Creek District 2, Mrs. Mary DeHaven (#`1122) Rt. 690 Gainesboro District 3. William R. Hunter ( #000) The Knolls - 2 miles west of Gore Gainesboro 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. Anthony Muriello ( #145) Lincoln Estates Back Creek District 2. William Duke 0146) Lincoln Estates Back Creek District 3. Kenneth Hamilton ( #0141) Lincoln Estates Back Creek District The above resolution was passed unanimously. Upon motion made by Dennis T. Coleand seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the trailer application of Mrs. Caroline Cook ( #121), West Virginia Avenue, Stonewall District, said trailer per- mit to be valid do long as a hardship exists; upon termination of such hardship, said trailer permit shall become null and v6id. The above resolution was passed unanimously. 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 trailer application of Austin Creasy ( #102), Route 608, Gainesboro= District. 292 The above resolution was passed unanimously. Trailer Permit Tabled: Mr. Madigan stated that the trailer application of H. Ray Van Dyke was not recommended for approval because it was in an M-2 zone, Mr. Eugene Gunter appeared before the Bca rd representing Mr. Van Dyke and at that this was a situation where Mr. Van Dyke had purchased a 1.72 acre lot and paid $25,000.00 for it unimproved ' that the mobile home was a brand new unit which he will use as a sales office. He said that Mr. Van Dyke's application for rezoning is pending and that M-2 zoning is the most all inclusive zoning the32 is. He stated that bff. Van Dykds zoning application is requesting a B -2 zoning which is an upgrading of the area. He stated that Mr. Van Dyke could lose a considerable amount of money if this permit is not granted. Mr. Madigan stated that the correct procedures should have been followed and the details should have , been worked out in order. Mr. Ambrogi suggested that the permit be tabled for study for as short a period of time as possible so as not to cause Mr. Van Dyke any inconvenience. Upon - motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board ofSupervisors of the County of Frederick, Virginia does herein table the trailer application of H. Ray Van Dyke for further study until the next Board meeting. The above resolution was passed unanimously. D OG WARDEN - REPORT Mr. Hardld Whitacre, Frederick County Dog Warden, appeared before the Board and gave his monthly report. 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 I payment of the following claims for livestock kills: 1. Fred Gore Rt. 1 Stephens City Opequon District 2 Ewes @ $15.00 :' each 2. Richard DeHaven Rt. #5 Gainesboro District S.Chickens @ $1.00 each. The above resolution was passed unanimously. SUPPORT OF RURAL ENVIRONMENTAL ASSISTANCE PROGRAM - ..APPROVED Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, WHEREAS, The Frederick County Board of Supervisors on behalf of the citizens of Frederick County wish to express our deep concern of the announcement on December 26, 1972, by the Department of Agriculture to ter- minate the Rural Environmental Assistance Program (REAP); and, ' WHEREAS, Of all the programs handled by the Department of Agriculture, REAP stands out as the one that benefits all segments of our community. Through its cost - sharing it has encouraged our farmers and landowners to use soil and water conservation measures on our land that would not have otherwise been undertaken. Driving through our County, the krm ponds, the contoured fields, the reforestation and the dominance of permanent pas- ture indicate the effectiveness of our conservation program over the past 30 years; and ' WHEREAS, we are witnessing ever increasing pressure on our land and are forced to expend more and more of our public monies to combat all forms of pollution. It appears that now is the time to enlarge a� program that has proven so effective and where only one -half the cost is borne by the taxpayers dollars; and, WHEREAS, Regardless of net farm income it is neither reasonable or possible to expect our farmers to bear the total cost of agricultural pollution abatement practices. We all benefit from pure air and clean water and through the cost sharing program we are justly joining the landowners in helping to get the job done. 293 THERFORE, BE IT RESOLVED, That we strongly recommend you re- evaluate the decision to terminate REAP and in the interest of pollution control make every effort to expand this program to the fullest extent of the law. The above resolution was passed unanimously, AUTHORIZATION TO APPLY FOR SCHOOL CONSTRUCTION LOAN - APPROVED Dr. Melton Wright appeared before the Board and gave a brief report on the school building program. He requested that the Board pass a resolution permitting the school board to submit an application for a loan from the Literary Fund ofVirginia for $750,000.00. 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 resolution of the County School Board, a copy of which is attached hereto, and marked Exhibit A, and the County School Board is authorized to endeavor to negotiate an agreement with the Literary Fund of Virginia for the borrowing from said Fund of of Seven Hundred Fifty Thousand Dollars ($750,000.00) for the purpose of con- structing a County elementary school on the Stephens City site in Frederick County. This resolution shall take effect immediately. The above resolution was passed unanimously. PUBLIC HEARINGS Chairman Sandy stated that Public hearings on the applications for rezoning, as set forth in the agenda, would be heard at this time. Michael Rezoreg - 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 application of J. Richard Michael, Jr, to rezone 4.67 acres of land, situated in Back Creek Magisterial Dis- tract, lying on the North side of Virginia Route 652; from Residential R -1 to Residential R -2. The above resolution was passed unanimously. Crabill Rezoning - 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 appli- cation of Naomi Crabill to rezone 19.5214 acres of land, situated in Back Creek Magisterial District, lying on the West side of U. S. Routell and to the South of proposed Route 37 at the Kernstown Interchange; from Agricultural A -2 to Business B -2. The above resolution was passed unanimously. Cooper Rezoning - Approved Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the rezoning application of Harold and Reba Cooper to rezone approximately 300 acres of land situated in Back Creek Magisterial Distric, lying west of Virginia Route 621; from Agricultural A -2 to Residential R -1. The above resolution was_passed unanimously. BUILDING PERMIT - E. L. PETERS - TABLED Mr. Alderman discussed briefly the cost of construction quoted by Mr. Peters stating that this was an impossibly low figure; he recommended that Mr. Peters come in and amend his application for a building permit. He stated that thereason the building permit had been referreO to the Board was because of the desire of Mr. Peters to extend the city water and sewer lines to this project. further stated that the master meter for the Abrams Creek Water Project would be installed in the very near future. Mr. Massie stated that this project was a project started before the ordinance was passed. Mr. Alderman stated that the Board had granted Mr. Peters permission to extend the water and sewer lines to the commercial property only. Upon motion made by Richard F. Madigan and secondeB by Dennis T. Cole, 294 BE IT RESOLVED, That the Board ofSupervisors of the County of Frederick does herein table the building permit of E. L. Peters for further study. The above resolution was passed unanimously. ORDINACE GOVERNING DISCHARGE OF OTHER THAN DOMESTIC WASTE INTO PUBLIC SEWAGE SYSTEMS FIRST AND SECOND READING - 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 approve, on first and second reading, by title only, the following ordinance: AN ORDINANCE GOVERNING DISCHARGE OF OTHER THAN DOMESTIC WASTES TO PUBLIC SEWERAGE SYSTEMS LOCATED IN.WHOLE OR , IN PART IN THE COUNTY OF FREDERICK, VIRGINIA. The above resolution was passed unanimously. APPOINTMENTS Chairman Sandy made the following appointments from his district: Board of Zoning Appeals: Ralph Wakeman Opequon District Court House Advisory Committee: Herbert Shackleford Opequon District Mrs. Maxine Orndorff Opequon District LANDFILL REPORT O ' Mr. Alderman gave the following report on the Sanitary Landfill: p ^ Total Tonnage for December, 1972 2,824 Tons Decrease Over Previous Month 407 Tons Increase Over December, 1971 460 Tons ' Total Tonnage for Fiscal Year 20,818 Tons Total Income for Fiscal Year $27,642.20 Billing for December, 1972 4,562.00 Total Expenditures for Fiscal Year $27,887.67 BUILDING INSPECTOR - REPORT Mr. Blau Webber presented the following report. Report - December 1 - December 31, 1972 Building Permits Issued 21 Amount of Permits Issued $281,450.00 Fees from Permits Issued 710.00 Building Code Manuals Sold 4 loopections Made 85 New Dwellings 12 Vacation Homes 4 Warehoused 1 Siding 1 ' Miscellaneous 3 Report - may 15 - December 31, 1972 Amount of Building Permits Issued $5,334,456.39 Fees from Permits Issued 12,878.50 Number of Permits Issued 354 Dwelling Units Including Apts. and Townhouses 237 Vacation Homes 33 ' Inspections Made 668 Miscellaneous Permits 113 INCOME TAX ASSISTANCE PROGRAM - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board ofSupervisors of the County of Frederick does herein instruct the County Administrator to review, and if possible to set up an Income Tax Assistance program VITA, to be spon- sored by the Board Of Supervisors. The above resolution was passed unanimously. 295 HEALTH DEPARTMENT PERSONNEL AND SPACE NEEDS - DISCUSSED Upon discussion by Dr. Hatfield of the Health Department of various personnel and space needs the Board informed Dr. Hatfield that the County would consider a budget request to meet these needs. CONSTITUTIONAL OFFICERS APPOINTED ' TO COURT HOUSE ADVISORY COMMITTEE Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisorscf the Countyof Frederick does herein appoint the Constitutional Officers of Frederick County to serve on the Court House Advisory Committee. The above resolution was passed unanimously. ' UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Se tary, Board of Supefvisors Ch an, oard of Supervi s At the Regular meeting of the Board of Supervisors of the County of Frederick, Virginia, held in the Supervisors Room, on the 24th day of January, 1973. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Richard F. Madigan; Donald R. Hodgson; and Dennis T. Cole. The Ch airman called the meeting to order. The minutes of the meeting held on the 10th day of January, 1973, were tabled until the next regular meeting upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson. TAX REFUND - BERTHA LICHLITER - APPROVED BE If RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve a tax refund in the amount of $13,60 to Mrs. Bertha Lichliter, upon the recommendation of Eaten O. Rudolph, Commi- Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, ssioner of the Revenue, for taxes erroneously paid. The above resolution was passed unanimously; VEHICLE TAG REFUNDS - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board ofSupervisors of the County of Frederick does herein approve the following vehicle tag refunds upon the recommendation of the Commissioner of Revenue: 1. Shenandoah Area Council of Boy Scouts 1/3 refund or$3.34 2. Allen Hahn, Jr. - Gore, Virginia Refund $4.50 The above resolution was passed unanimously. E. L. PETERS - BUILDING PERMIT - APPROVED Mr. Alderman stated that a meeting had been held between Mr. Peters, Mr. Massie, Mr. Madigan, Mr. J Russell and himself and the matter had been thoroughly reviewed. Mr. Alderman read a letter from Mr. Massie, as counselfor Mr. Peters, wherein Mr. Peters agreed to the.County providing water and sewer to the following: Block A Lots 1,2,3,4,5,6 Block C Lots 1,2,3,4 Block B Lots 8,9,10,11,12 Block D Lots 9,10,11 The Board agreed to amend the water and sewer permit to allow municipal service to the remainder of the development and in addition the County would not challenge the cost estimate on the two apartment buildings quoted by Mr. Peters. 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 amend the water and sewer permit of E. L. Peters as per the terms of the letter from Mr. Joseph Massie, counsel for E. I. Peters] and, 296 .J BE IT FURTHER RESOLVED, That the Board of Supervisors does herein instruct the Frederick County Building Inspector to issue a building permit to Mr. E. L. Peters in accordance with the above terms. The above resolution was passed unanimously. TRAILER APPLICATION - H. RAY VAN DYKE Mr. Sandy explained to Mr. Gunter, attorney for Mr. Van Dyke, that the State Planner had ruled that a trailer permit was not necessary since this mobile unit would be used as an office and not a dwelling. Mr. Gunter requested a letter from the County administrator to this effect be sent to him and Mr. Sandy directed the County Administrator to write such a letter for Mr. Gunter. MERRIMANS LAM - DISCUSSED Mr. Alderman stated that he had written a letter to Mr. Ben Dutton requesting that Merriman Lane be opened to allow farm to market vehicle traffic and that he had received a reply that based upon the recommen- dation of the police department, it would not be opendd. Mr. Russell stated that he did not like theidea of the City closing a road, wherein one end orginated in the County, without first consulting the County. Mr. Alderman stated that a copy of the letter from Mr. Dutton would be sent to the Farm Bureau. POSITION OF PSYCHOLOGIST NORTHWESTERN PSYCHIATRIC CLINIC - 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 employment by the Northwestern Psychiatric Clinic of a full time psychologist; and, BE IT FURTHER RESOLVED, That this Board does herein commit the County of Frederick for its due share of the cost of such a position. The above resolution was passed unanimously. LANDFILL OPERATIONS REQUESTS - APPROVED The Board discussed landfill operation concerning extinguishing the underground fire, the purchase of a dump truck and preparation of a secondary operational site. Mr. Alderman explained the operation at the landfill and the necessity ofthe above requests. Mr. Cole stated that he felt any work done at -the landfill, which could not be done with County equipment, should be put out on bid. Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board ofSupervisors of the County of Frederick does herein authorize the Department of Engineering to contract the proper equipment to bring the underground fire at the landfill under control, such contract to be determined by competitive bid; and, BE IT FURTHER RESOLVED, That authorization is herein given to purchase dump truck in the amount of $1,000.00+; and, BE IT FURTHER RESOLVED, That the Board does herein direct that County equipment be utilized to handle the fill dirt at the landfill and that any other necessary equipment needed be put out on competitive bid. The above resolution was passed unanimously. FRONT ROYAL - WARREN COUNTY REQUEST TO USE LANDFIL - TABLED Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Fredeick does herein table the request of Front Royal and warren County to use the Frederick County Sanitary Landfill until the next regular meeting. r The above resolution was passed un 297 SUBDIVISION - PLYMN OWENS ESTATES - APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of County of Frederick does herein approve the plat of CONSTRUCTION LITTLE LEAGUE BASEBALL FIELD AT CLEARBROOK PARK - APPROVED Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of thecounty of Frederick does herein authorize the Plymn Owens Estates with the stipulation that a fee of $100.00 per lot be paid for recreation. The above resolution was passed unanimously. Department of Recreation to withdraw $1,200.00 from the Stonewall District Recreation Fund for lighting on the Little League Baseball Field at Clearbrook Park. The above resolution was passed un USE FEE - CLEAR10=K PARK - TABLED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herin table the re- commendations of the Recreation Commission regarding a use fee at Clearbrook Park until the recreation budget is submitted. The above resolution was passed unanimously. APPOINTMENT RANDY R. PERRY, DEPUTY COUNTY COORDINATOR OF CIVIL DEFENSE - APPROVED Upon motion made by Richard F. Madig+d seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein instruct the Assistant Commonwealth Attorney to attend all meetings of the Planning Commission as a non- voting members that his functionon the Commission will be to serve as legal counsel. The above resolutionwas passed unanimously. GENERAL REASSESSMENT - DISCUSSED General Reassessment was discussed with reference to the fee charged by the state and the fee charged by Wingate Appraisal Service. The time elementfor the reassessment was also discussed. Mr. Frayer, from the State Tax Assessors Office, appeared before the Board and discussed the general reassessment for Frederick County, stating that if a private firm did the reassessment the state would not complete the map on which they are working.. Mr. Alderman passed out copies of the Court House Advisory Committee to the Board members and asked that 1 any necessary corrections be made. TELEVISIONS,:FOR JAIL - DISCUSSED Mr. Cole requested that the Board consider placing televisions in the County Jail. He suggested that the televisions be solicited through donation and the County bear the cost of the bable along with the City of Winchester. Mr. Sandy suggested that Mr. Madigan and Mr. Cole consult with the City on this project. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.