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February 14,1973298 � 1 At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held in the Supervisors' Room on the 14th day of February, 1973. PRESENT: Raymond C. Sandy, J. Robert Russell, Donald R. Hodgson, Richard F. Madigan and Dennis T. Col . The meeting was called to order by Chairman Sandy. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell the minutes of the meeting ' held on the 10th of January, 1973, and meeting held on the 24th of January, 1973, were approved with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan, and Donald R. Hodgson voting "Aye" and Dennis T. Cole voting "No." ACCOUNTS PAYABLE - APPROVED Mr. Boyd presented the accounts payable for the month of January, 1973. Mr. Cole questioned the bill for excavation work at the Landfill stating that he did not fully understand the charges on this bill. , Accounts totaling $62,641.91 were read and approved and ordered to be paid from the General County Fund by Warrants 002145 to #02327 and accounts totaling $1,051.82 for Parke and Recreation were read and approved upon motion made by J. Robert Russell and seconded by Richard F. Madigan, with Raymond C. Sandy, Richard F. Madigan, Donald R. Hodgson, and J. Robert Russell voting "for" and Dennis T. Cole voting "against." JANUARY PAYROLL - APPROVED Payrolls totaling $28,974.45, paid from the General County Fund by Warrants #02082 to #02144, and payrolls totaling $2,274 for Parke and Recreation, paid from the Parke and Recreation Fund by Warrants 000185 to #00196, were read and approved upon motion made by Richard F. Madigan and seconded by J. Robert Russell. APPROPRIATION TRANSFERS - APPROVED Mr. Boyd appeared before the Board and described the various appropriation transfers he was requesting. 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 appropriation transfers: Transfer To: Function Administration $ 24,849.40 Administration of Justice 1,870.00 Crime Prevention and Detection 6,129.63 Fire Prevention and Extinction 569.71 Elections 392.92 Maintenance of Buildings 6 Grounds 4,237.10 Street Lighting 920.00 Capital Outlay 167,882.28 Total $206,851.04 . Transfer From: Recording of Documents 728.00 Public Welfare 274.24 Public Works 23,974.13 3 Advancement of Agriculture 6 Home Economics 225.00 Protection of Livestock and Fowls 2,565.00 Miscellaneous 134,111.67 Unappropriated Surplus 165.000.00 Total $206,851.04 , The above resolution was passed unanimously. Mr. Boyd presented bide from two contractors who had.tied for the law bid on equipment to be used at , the Landfill to extinguish the fire. Upon recommendation of the Commonwealth Attorney, the Board directed that bide for equipment be resubmitted to all contractors, said bide to be in by 9:00 A.M., Wednesday, February 21, 1 73. Mr. Boyd asked the Board to consider a life insurance program for the county employees. He stated that perhaps a committee should be appointed to study this program. Mr. Sandy suggested that the Finance Committee look into the program and report back to the Board. C 299 DOG WARDEN REPORT Mr. Harold Whitacre appeared before the Board and presented his monthly report. 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 claims for livestock kills: - 1. Genva Fishel Star Tannery Back Creek 1 lamb - 75 lbs. Assessed Value $22.50 1 Ewe Assessed Value $15.00 2. Fred Gore ' Rt. 1 Stephens City Opequon 1 Ewe Assessed Value $10.00 1 Buck Assessed Value $10.00 The above resolution was passed unanimously. Mr. Whitacre passed out the Dog Control Ordinance which Loudoun County has in effect. Mrs. Keckley, Treasurer, requested approval of the Board to sell one dog tag instead of the three we are now using. She stated it would be a great help to both Mr. Whitacre and her office. 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 request of the Treasurer to sell one tag for all dogs instead of the three tags now being used. The above resolution was passed unanimously. SUBDIVISIONS L. D. Ritter Lots - Approved variance request to the L. D. Ritter Lots, said variance being recommended by the Planning Commission. The above resolution was passed unanimously. College Park 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 does herein approve the subdivision known as College Park located in Shawnee Magisterial District. The above resolution was passed unanimously. Variance - Fort Collier Farms - Referred to Planning Commission Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein refer the Variance Request to Fort Collier Farms to the Planning Commission for their review and recommendation. ' The above resolution was passed unanimously. Fort Collier Farms - Request to Abandon Alley - Tabled 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 table until the next regular board meeting the request of Fort Collier Farms to abandon an alley on said property located in Stonewall Magisterial District. The above resolution was passed unanimously. LEWIS H. BOYER - REZONING - APPROVED A Public Hearing was held at 8:00 P.M. on the rezoning request of Lewis H. Boyer, with Mr. Boyer appearing before the Board in support of his rezoning request. Mr. Boyer stated that he felt this area was solely residential. 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 variance request to the L. D. Ritter Lots, said variance being recommended by the Planning Commission. The above resolution was passed unanimously. College Park 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 does herein approve the subdivision known as College Park located in Shawnee Magisterial District. The above resolution was passed unanimously. Variance - Fort Collier Farms - Referred to Planning Commission Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein refer the Variance Request to Fort Collier Farms to the Planning Commission for their review and recommendation. ' The above resolution was passed unanimously. Fort Collier Farms - Request to Abandon Alley - Tabled 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 table until the next regular board meeting the request of Fort Collier Farms to abandon an alley on said property located in Stonewall Magisterial District. The above resolution was passed unanimously. LEWIS H. BOYER - REZONING - APPROVED A Public Hearing was held at 8:00 P.M. on the rezoning request of Lewis H. Boyer, with Mr. Boyer appearing before the Board in support of his rezoning request. Mr. Boyer stated that he felt this area was solely residential. 300 There was no opposition to the above rezoning request. 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 Lewis A. Boyer, at al to rezone approximately 19 acres of land;-,situated in Opequon and Back Creek Magisterial Districts; located on the east and west sides of U. S:.Route 11, immediately, north of the Town of Stephens City Corporate Limits; from Agricultural (A -2) to Residential (R -1). The above resolution was passed unanimously. HIGHWAY DEPT, - REPORT Mr. King, representing the Highway Department, appeared before the Board and asked if the Board planned to have the Road Hearing at the Regular March Meeting. Mr. Sandy advised that the Road Hearing would be held at the Regular March Meeting on March 28, 1973. Upon motion made be Dennis T. Cole and seconded.by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein direct that the Road Hearing for Frederick County be held on March 28, 1973 at 7:00 P.M. in the Frederick County Court Room. The above resolution was passed unanimously. Mr. Cole confirmed with Mr. King the Road Hearing set for Wednesday, February 28, 1973, at 10:00 A.M. at Clearbrook Park to discuss the Old Charles Town Road. Mr. Cole asked Mr. King when the street light would be put on Route 7 and Mr. King stated he hoped within three or four months. Mr. Alderman asked when the Landfill and Dog Kennel signs would be erected and Mr. King stated they are on order. The change of name of Shawnee Avenue to Pawnee Avenue was discussed. Mr. Sandy stated that the residents desired to keep the name of Shawnee Avenue and asked Mr. Alderman to write a letter to the City stating their desires. APPOINTMENT - HIGHWAY SAFETY COMMITTEE - TABLED The appointment to the Highway Safety Committee was discussed. 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 table the appointment to the Highway Safety Committee until the next regular meeting. The above resolution was passed unanimously. Mr. Sandy asked each supervisor to bring a recommendation for this appointment to the next meeting. SEWER PERMIT - SHAWNEELAND - APPROVED Mr. Sandy explained the request of Shawneeland for a sewer permit stating that they desired to construct a small sewage treatment plant to serve approximately 80 people. Mr. Alderman stated that the plane had been reviewed and were in compliance with the county ordinance. Mr. Cole asked if the Sanitation Authority was interested in doing this project and Mr. Alderman said they were not. 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 sewer permit for Shawneeland to construct a small sewage treatment plant to serve approximately eighty (80) residents of Shawneeland Subdivision. The above resolution was passed unanimously. MOBILE HOME PERMIT - CLARA HOOKE.- APPROVED Mr. Sandy explained the circumstances concerning the request by Mrs. Hooke for a mobile permit, r stating that she thought she was buying a modular home. He further stated that the property was zoned A -2. 301 I, 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 application for trailer permit for Clara Hooke located in Opequon Magisterial District. The above resolution was passed unanimously. PETITION RESIDENT OF MASSIE SUBDIVISION - REFERRED TO SANITATION AUTHORITY Mr. Sandy explained the petition by the residents of Massie Subdivision for assistance in providing sewer service to the Subdivision. 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 refer the petition by the residents of Massie Subdivision for assistance in providing sewer service to the said subdivision to the Frederick County Sanitation Authority. The above resolution was passed unanimously. REZONING - LEWIS A. BOYER - APPROVED A Public Hearing was held at 6:30 P.M. on the rezoning application of Lewis H. Boyer, with Mr. Boyer appearing before the Board in support of his rezoning request. There was no opposition to the above rezoning request. 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 Lewis A. Boyer to rezone approximately 5 acres of land, situated in Opequon and Back Creek Magisterial Districts; located on the east and west sides of U. S. Route 11 immediately north of the Town of Stephens City Corporate Limits from Agricultural (A -2) to Residential (R -2). The above resolution was passed unanimously. SLAUGHTERHOUSE RESOLUTION - APPROVED Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, WHEREAS, The Board of Supervisors of the County of Frederick feels very strongly the need to have 1, custom slaughterhouses in the county in that they perform a very necessary service; and, to the same rules and regulations as those who are nationwide businesses is to rigid and would force the WHEREAS, It would appear to this Board that requiring these small custom slaughterhouses to conform small operator out of business and increase the cost of food, NOW THEREFORE BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein request that the regulations governing slaughterhouses be reviewed to take into consideration the small custom slaughterhouse or locally owned businesses of this type. The above resolution was passed unanimously. I L J 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 direct that the above resolution passed by this Board be submitted to the elected officials representing Frederick County at both the state and federal levels. The above resolution was passed unanimously. APPOINTMENTS - PLANNING COMMISSION - 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 reappoint Maurice Perry to the Frederick County Planning Commission for a term of four years. The above resolution was passed unanimously. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BUILDING INSPECTOR'S REPORT Mr. Blair Webber appeared before the Board and presented the following report: (January 1 through January 31, 1973) 302 , �1 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein reappoint Elmer Venskoske to the Frederick County Planning Commission for a term of four years. The above resolution was passed unanimously. APPOINTMENT - SANITATION AUTHORITY - APPROVED Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein reappoint S. Roger Koontz to serve on the Frederick County Sanitation Authority for a term of four years to become effective April 14, 1973. The above resolution was passed unanimously. ORRICK CEMETERY - REQUEST FOR TAX RELIEF Mr. H. M. Brooks appeared before the Board stating that he was the President of the Board of Directors of Orrick Cemetery, a non - profitable corporation. Mr. Brooks stated that the tax increases experienced by his corporation since 1969 had become more than they can meet. He requested tax relief be given his corporation on the basis that they are a non- profitable corporation. Mr. Sandy stated that Mr. Brooke' request would be referred to the Commissioner of Revenue and the Commonwealth Attorney. Mr. Alderman requested Mr. Brooks submit a written statement of his request for Mr. Ambrogi's use. RAY E. BOYCE - REZONING - APPROVED A Public Hearing was held at 8:30 P.M. on the request of Ray E. Boyce to rezone approximately 1 acre of land situated in Stonewall Magisterial District. Mr. Cole explained the reasons for the request for rezoning from M -2 to B -2 stating that it was necessary in order for a building permit to be issued to enlarge the restaurant by approximately ten additional feet. Mr. Madigan asked Mr. Smith, operator of the restaurant, if the rezoning in order to increase the size of the restaurant was because there was a definite need in the community for the services he is going to provide. Mr. Smith stated this was correct. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the rezoning application of Ray E. Boyce to rezone approximately 1 acre of land situated in Stonewall Magisterial District; located on the west side of U. S. Route 11 approximately .75 miles north of Winchester City Limits from Industrial (M -2) to Business (B -2). The above resolution was passed unanimously. LOAN TO SANITATION AUTHORITY - TABLED Mr. Sandy presented a request from the Sanitation Authority for a loan in the amount of $250,000.00 for the establishment of a water and sewer system in the Kernstwn Area. Mr. Sandy explained the importance of providing water and sewer services in this area, stating that it was a necessary safeguard against annexation. Mr. Cole stated that he wanted the citizens and taxpayers to know what is going on and what it is going to cost. He stated he felt that the loan to the Sanitation Authority without knowing their financial condition was foolish. Mr. Cole presented numerous figures which he stated he had gotten from the Sanitation Authority concerning the cost of the project the projected revenue to be received stating the Authority would suffer a net loss the first year of $52,400.00. He stated that before he could vote on a loan such as this to the Sanitation Authority, he would have to see a financial statement from the Sanitation Authority and would like to see it published in the paper. Mr. Alderman stated that the projected taxes from General Electric were $151,000.00 per year. He i stated that this would mean that the County investment of $250,000.00 would be recovered in two years. } I 303 Mr. Alderman stated that there was no signed contract with G. E. at this time setting forth how much they would pay. He further stated that state law prohibits the Sanitation Authority from entering into any financial arrangement that.is not feasible. Mr. Hodgson stated that the Sanitation Authority had asked him at a meeting on Tuesday, February 13, 1973, to present this request to the Board and that was why it was not on the agenda. Mr. Hodgson stated that he felt the matter was urgent and that G. E. would be back next week to see if the County could or could not provide the services. He stated that if the County does not provide the services G. E. can go to the City. u There was discussion concerning the possibility of hooking onto the City lines temporarily. Mr. Ambrogi stated that the Code was not clear on this matter. Mr. Hodgson stated that he felt that if the County lost G. E. we could forget the area all the way to Bartonsville. Mr. Russell stated that he felt this matter was important enough to have the consideration of the Board before the meeting, rather than have it handed to them just before the meeting. He stated that he knew the matter was urgent but felt he needed time to consider it. Mr. Russell requested that the Board call a special meeting for February 21st to consider this matter prior to meeting with G. E. that afternoon. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein table the request from the Sanitation Authority for a loan in the amount of $250,000.00 until 8:30 A.M., Wednesday, February 21, 1973, at a Special Meeting duly called by Supervisors Dennis T. Cole and J. Robert Russell. The above resolution was passed unanimously. REQUEST REPORT ON LANDFILL - APPROVED Mr. Cole stated that he had sent as Chairman, a report from the Co ®ittee on Law Enforcement and Courts, to the Supervisors. He stated that he would like for Mr. Hodgson, as Chairman of the Landfill Committee to submit a similar report. 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 Donald R. Hodgson, Chairman of the Landfill Committee, to submit a report and recommendations to the Board on the Landfill conditions; and that he make recommendations to improve conditions at the Landfill and report back to this Board. The above resolution was passed unanimously. JIM WILSON - PERSONAL REPORT PRESENTED TO BOARD Mr. Jim Wilson appeared before the Board and presented a personal report he had made on the Sanitary Landfill; he also presented several recommendations which he stated in his opinion were needed to improve the conditions at the Landfill. Mr. Hodgson asked Mr. Wilson to provide him with a copy of his report for consideration by the fill Committee. L� UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. RAs , Board of Superviifors Chai oard of Supervisor