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February 21, 1973 to June 13, 1973304 At a Special Meeting of the Board of Supervisors of the County of Frederick, Virginia held on the 21st day of February,1973, in the Board Room. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Donald R. Hodgson; Richard F. Madigan; and Dennis T. Cole. The Chairman called the meeting to order. LOAN TO SANITATION AUTHORITY - APPROVED Mr. Sandy presented the request from the Sanitation Authority for a loan in the amount of $250,000.00. Mr. Alderman explained the terms of the loan and the importance of providing these services as a safeguard against annexation. Mr. Cole asked about the joint study with the City of Winchester being conducted. Mr. Alderman stated that this study was being conducted by Potter Associated in order that funding from state and federal funds could be obtained. Mr. Sandy asked Mr. Koontz if the County had asked the City if they would sell the County sewer set to this area on an interim basis. Mr. Koontz stated that the City had said they could not help us. He stated that he felt this was a policy decision the Board must make. Mr. Koontz said that if the County can't provide the services, the City had told G. E. they will provide the necessary services. Mr. Sandy stated that in the past month five industries had investigated the area::and these industries are waiting to see what is going to happen with G. E. Mr. James Diehl stated that the Board had met with the Sanitation Authority and asked them to proceed with all haste with water and sewer plans for this area and the Authority has done this. He stated that if the Supervisors did not come through now the County could mark off this area for all further development regardless of what it is. Mr. Cole asked Mr. Diehl if the figure $250,000 had been discussed at a meeting of the Sanitation Authority as being the amount G. E. would put up toward this plant. Mr. Alderman stated that the figure $250,000 was not a figure committed by G. E. but was a planning figure which the Court felt would be needed to put the system into operation with the factors known at that time. It had not been discussed in any way with G. E. Mr. Russell asked if the entrance to G. E. would be accessible to the other industrial area and Mr. Diehl felt that it would be. Mr. Diehl stated that the $250,000 figure was a figure that the Sanitation Authority had gotten from the Sanitation Authority and this was only an engineering figure. Mr. Bowman stated that the coat had been reduced because the plan had been changed; the lines would be coming in from the northern end instead of the southern end as originally planned. 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 loan the following funds to the Frederick County Sanitation Authority for the establishment of a water and sewer system in the Kernstown area: FY 73-74 --- ------------------------- - - ---- $125,000.00 FY 74 -75 ----- ------------------- ---- ------ 125.000.00 Total ------ - - - - -- $250,000.00 BE IT FURTHER RESOLVED, That the following terms be applied to the loan: (a) Loan for thirty (30) year period with payment due at the end of this period. (b) There shall be an eight per cent (8x) interest rate payable from date of loan, if the proposed project shall be sold or for any reason changes ownership (other than being transferred to the County of Frederick) By recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan and Donald R. Hodgson voting.','For" and Dennis T. Cole voting "Against" stating that he felt the money was needed in the schools, I protection and other areas, the above resolution was passed. 305 LETTER OF RESIGNATION - ROGER H. ALDERMAN Mr. Alderman presented the following letter of resignation to the Board: Dear Mr. Sandy: In order to accept appointment to the position of County Manager of Lexington County, South Carolina, I do herein submit my letter of resignation from the position of County Administrator of Frederick County. I wish this resignation to be effective with the close of business March 16, 1973. Also I would like to inform the Board that I do plan to take one week's accumulated leave beginning March 12th through March 16th. This resignation is not the result of any political pressure by any board member or.political faction within the County. It is merely in order for me to take advantage of a professional and personal promotion. I do thank the members of this Board who have extended to me their complete support and confidence and I hope that my service to the County has been beneficial and worthwhile. I I will always remain indebted to the County of Frederick for the two years that I have spent here. I shall remain always a personal friend of the Board. Sincerely, /s/ Roger H. Alderman Mr. Madigan stated that he felt Mr. Alderman's leaving would be a great. loss to the County in these critical times. He stated he felt Mr. Alderman had helped the County rebuild its tax base and in the engineering of plans to hedge off any future annexation. He further stated he felt the Board should refer his letter of resignation to March 16th with action to be taken at that time. Mr. Sandy offered his congratulations to Mr. Alderman and stated he wished Frederick County were in a position to compete with Mr. Alderman's new position, but that he felt Mr. Alderman was receiving a great promotion. Mr. Alderman requested action on his resignation at next regular meeting on February 28th, stating that this was necessary in order to meet legal requirements. ' The Board agreed to this. Mr. Russell thanked Mr. Alderman for his service to the County and stated he felt he had done an outstanding job as County Administrator. Mr. Russell wished Mr. Alderman good luck in his new position. BID OPENING - WORK AT LANDFILL At 9:00 A.M. Mr. Sandy opened the bids submitted for the work to be done at the Landfill. The bids were as follows: L. F. Franklin 6 Son, Inc. ------ - - - - -- $ 16.85 per hour H. C. Christianson -------------- - - - - -- 16.48 per hour Perry Engineering --------------- - - - - -- 17.85 per hour E. R. Neff Excavating ----------- - - - - -- 32.00 UPON MOTION DULY MADE AND SECONDED „ 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 held in the Board Room on the 28th day of February, 1973. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Donald R. Hodgson; Richard F. Madigan; and Dennis T. Cole. The meeting was called to order by Chairman Sandy. ' Upon motion made by Richard F. Madigan and seconded by J. Robert Russell the reading of the minutes was tabled until the next regular meeting. ROBERT SOLENBERGER - REZONING - APPROVED A Public Hearing was held at 7:00 P.M. on the rezoning application of Robert Solenberger. Mr. Sandy asked if there was anyone to speak against the requested rezoning; there was not. Mr. Sandy said that this rezoning had been recommended by the Planning Commission. a 306 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 the application of Robert Solenberger to rezone 17.6695 acres of land, situated in Gainesboro Magisterial District; lying on the south side of old U. S. 522 N. at Albin; from Agricultural (A -2) to Residential (R -1). The above resolution was passed unanimously. ' WATER AND SEWER PERMIT - LOWES - APPROVED Mr. Sandy stated that the area in which Loves is located can not be served by the County. Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein grant a water and sewer permit to Loves, Route 522 S and Route 50 E for the purpose of extending City water and sewer lines. ' to said property. The above resolution was passed unanimously. LANDFILL REPORT Thomas Maccubbin appeared before the Board and stated that Mr. Masterson of the Bureau of Vector Control had visited the Landfill and made the recommendations that the fire be brought under control and that we move off the present dumping area. These things must be done by July lst. Mr. Maccubbin stated that one new dumping area is partially complete and he is compiling bid specifications for moving cover to the top of the fill. He stated it would be an on site move. Mr. Hodgson stated that his committee had met but he had not finalized his report. He stated that the present equipment at the Landfill has been put into use. TRAILER PERMIT - APPROVED Mr. Harold Whitacre appeared before the Board and stated that he was requesting approval for a , trailer permit so that a trailer could be placed at the Dog Kennel as a safeguard. The trailer would be occupied by an employee of the County and he will be able to look after the Dog Kennel and the Landfill. Mr. Whitacre stated that he had received approval from the Health Department and the Zoning Code Administrator. 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 location of a mobile home at the Frederick County Dog Kennel. The above resolution was passed unanimously. BE -CON. INC. - REZONING - APPROVED At 7:15 P.M. a Public Hearing was held on the application for rezoning of Robert Solenberger, Be -Con, Inc. Tom Glass appeared in support of the rezoning and there was no opposition. Mr. Madigan stated that this rezoning van recommended by the Planning Commission. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, I BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the application of Robert Solenberger, Be -Con, Inc. to rezone 99.7182 acres of land, situated in Stonewall Magisterial District; lying on the west side of Virginia Route 663, from Agricultural (A -2) to Residential (R -1) The above resolution was passed unanimously. ' LAND REASSESSMENT - DISCUSSED Mr. Harold Wingate appeared before the Board to discuss the land reassessment for Frederick County. He presented a report giving various statistics comparing sales and price appraisal rates of various properties in Frederick County. Mr. Wingate outlined the program his company could offer to the Board. He stated that his company could do the reassessment and have it ready for the land books for 1974, but they must have an.answer by March 15th in order to do this. 307 Mr. Jennings stated that the State would continue to maintain the maps for the County. Mr. Sandy thanked Mr. Wingate for his report to the Board. HEALTH DEPARTMENT - REPORT Dr. Hatfield appeared before the Board requesting a letter of intent from the Board agreeing to go along with the acquisition of the land necessary to expand the facilities. He stated that the City Council of Winchester had agreed to the purchase of the land. He explained the various needs of the Health Department to render better care in many departments such as mental health, alcoholism, etc. He further stated that many of the programs could be federally financed and that this would be a joint venture between Winchester, and Frederick County. Mr. Sandy thanked Dr. Hatfield for coming before the Board and stated that the Board would review his request. LETTER OF COMPLAINT FREDERICK COUNTY - WINCHESTER CONSERVATION CLUB Mr. Sandy read a letter from the Winchester- Frederick County Conservation Club complaining about the pollution of Back Creek by the Unisil Corporation in Gore. Mr. Sandy stated that he felt the Unisil Corporation should be present to defend themselves in regard to this complaint. 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 letter of complaint from the Winchester- Frederick County Conservation Club concerning the pollution of Back Creek by the Unisil Corporation of Gore until the next regular Board Meeting on March 14, 1973. The above resolution was passed unanimously. REQUEST BOARD MEMBER TO SERVE ON RECREATION COMMISSION - TABLED Mr. Sandy read a letter from Keith Lupton, Chairman of the Recreation Commission, requesting a Board Member to serve on the Recreation 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 table the request of the Frederick County Parks and Recreation Department to appoint one member of the Board to serve on the Recreation Commission until the next regular meeting on March 14, 1973. The above resolution was passed unanimously. REQUEST WORK SESSION - DEPARTMENT HEADS AND CONSTITUTIONAL OFFICERS Mr. Sandy read a letter from the various Department Heads and the Constitutional Officers requesting n 1 a work session with the Board prior to the Board Meetings. Mr. Sandy stated that the Board will make a decision on this before the next Board Meeting. He stated that perhaps the first Wednesday of the month could set aside for this purpose. PARKS AND RECREATION REPORT Bob Fletcher, Director of Parks and Recreation appeared before the Board and presented his yearly report. 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 accept the report of the Parke and Recreation Department; and, BE IT FURTHER RESOLVED, That said report shall be kept on file in the Office of the County Administ for review by the citizens of *Frederick County. The above resolution was passed unanimously. RECOMMENDATION FROM FREDERICK COUNTY PLANNING COMMISSION - TABLED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, � BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein table the recommendation of the Planning Commission pending the arrival of the new Planner and the review of his recommendations. The above resolution was passed unanimously. RESIGNATION OF ROGER H. ALDERMAN - ACCEPTED ' Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, WHEREAS, The Board of Supervisors is in receipt of a letter of resignation dated February 21, 1973, from Roger H. Alderman, County Administrator; and, WHEREAS, In this letter Mr. Alderman has indicated his desire to resign his position as County Administrator in order to accept appointment as County Manager of Lexington County, South Carolina; and, ' WHEREAS, It is the desire of this Board to honor Mr. Alderman's request and to express the County of Frederick's gratitude for Mr. Alderman's two years of outstanding service to the people of this County; and, WHEREAS, It is the intent of this Board to continue this form of government as provided by the Code of Virginia and to appoint someone to this vacancy as soon as possible; thus, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein accept the resig- nation of Roger H. Alderman as County Administrator; and, BE IT FURTHER RESOLVED, That Mr. Alderman and /or his bond agent is relieved of all responsibility and liability with the close of business March 16, 1973; and, BE IT FURTHER RESOLVED, That the Director of Accounting is directed to close out all financial obligations and committments of the County of Mr. Alderman by March 9, 1973; and, BE IT FURTHER RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein appoint James E. Boyd as Acting Administrator, with full power of the Office of the County Administrator as ' provided by the Code of Virginia to be effective March 16, 1973. The above resolution was passed unanimously. Mr. Sandy stated that all the supervisors would be helping with the workload until a new administrator is named. ANN KELICAN - APPOINTED DEPUTY SECRETARY TO BOARD OF SUPERVISORS Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein appoint Ann Kelican to serve as Deputy Secretary to the Board of Supervisors. The above resolution was passed unanimously. DIANNE AYERS - APPOINTED DEPUTY DIRECTOR OF ACCOUNTING Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein appoint Dianne ' Ayers to serve as Deputy Director of Accounting. The above resolution was passed unanimously. AUTHORIZATION TO EMPLOY TWO CLERK TYPISTS - 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 authorize the Acting County Administrator, James E. Boyd, to employ two clerk typists, one in the Accounting Department and one in the County Administrator's Office. The above resolution was passed unanimously. RESIGNATION - RANDY R. PERRY - ACCEPTED Mr. Sandy read the following letter of resignation: 309 Dear Mr. Sandy: In order to accept the position of Administrative Assistant of Lexington County, South Carolina, I do herein tender my resignation from the positions of Administrative Assistant, Zoning Administrator Secretary to the Planning Commission, and Deputy Coordinator of Civil Defense, of Frederick County, educational opportunity. I can say without reservation that I have enjoyed working for, and with the County of Frederick. The experience and knowledge I have gained through my duties with the Virginia. It is my wish that this resignation take effect March 28, 1973. However, I would like to request the Board to grant my maximum accumulated leave of eight days beginning March 16, 1973. I am submitting this letter of resignation in order that I may take advantage of�a career and County will always be a great asset to me. At this time, I would like to thank all County personnel and active citizens who have been instrumental in preparing Frederick County for the inevitable influx of urbanization. If I can ever be of any assistance to the County in the future, please do not hesitate to contact me. Sincerely, /s/ Randy R. Perry 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 accept the resignation of Randy R. Perry, said resignation to become effective March 28, 1973. The above resolution was passed unanimously. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED T HE BOARD OF SUPERVISORS DO NOW ADJOURN. ,u.w . A�I .Q _ ary, Board of upervisors an, oar ervisors At the Regular Meeting of the Board of Supervisors of the County of Itiderick, Virginia, held in the Board of Supervisor's Room on the 14th day of March, 1973. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Donald R. Hodgson; Richard F. Madigan; and Dennis T. Cole. The Meeting was called to order by Chairman Sandy. Mr. Cole requested that the minutes of the meeting held on February 14th, 1973, be corrected to read that he had obtained the figures he presented concerning the Sanitation Authority Loan from the Sanitation Authority. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell the minutes of the meeting held on the 14th day of February, 1973, were read and approved as corrected and the minutes of the meeting held on the 21st day of February, 1973, were approved as read. ACCOUNTS PAYABLE - APPROVED Accounts totaling $27,553.17 were read and approved and ordered to be paid from the General County Fund by Warrants #02383 to #02522 and accounts totaling $4,574.52 for Parke and Recreation were read and approved and ordered to be paid from the Parke and Recreation Fund by Warrants #00233 to #00262 upon motion made by Richard F. Madigan and seconded by J. Robert Russell. FEBRUARY PAYROLL - APPROVED Payrolls totaling $29,396.50, paid from the General County Fund by Warrants #02328 to #02382, and payrolls totaling $2,324.99 for Parks and Recreation \, paid from the Parks and Recreation Fund by Warrants #00221 to #00232, were read and approved upon motion made by Dennis T. Cole and seconded by Richard F. Madigan. DeMOLAY - WELCOMED Mr. Sandy welcomed the DeMolay group to the Board Meeting and stated that the group had toured the County Office Buildings and spent some time with the Constitutional Officers of the County. Prior to the Board meeting the DeMolay group had had dinner with the Board and now were here to observe the meeting. 310 APPOINTMENT OF ZONING ADMINISTRATOR - JOHN RILEY - 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 appoint John Riley, III as Zoning Administrator for the County of Frederick; and, BE IT FURTHER RESOLVED, That this appointment shall be effective March 19, 1973, at an annual salary of $9,600.00. The above resolution was passed unanimously. TAR REFUNDS - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That in accordance with the recommendation of Eaton 0. Rudolph, Commissioner of the Revenue, the following refunds be paid for taxes erroneously paid: Edgar P. Chapman $ 44.00 Fairfax Development Corporation $126.82 The above resolution was passed unanimously. BUILDING INSPECTOR - REPORT Mr. Blair Webber appeared before the Board and presented his monthly report as follows: Building Permits Issued Amount of Permits Issued Fees from Permits Issued Building Code Manuals Sold Inspections Made Additions Tool Shed Warehouses Swimming Pool Dwellings Vacation Homes Complete Interior of House Remodel 39 $603,230.00 $ 1,486.00 4 93 3 1 2 7 23 7 1 1 LANDFILL REPORT Tom Maccubbin appeared before the Board and presented his monthly report stating that the first trench is complete and water is being pumped up to it by Greenwood Fire Company personnel and equipment. He stated that preparations are nearly complete to move operations into the new fill area area, old area will be prepared for final cover. His report was as follows: Tonnage for February 1973 Decrease over previous month Increase over February 1972 Tonnage for Fiscal Year Income for Fiscal Year Billing for February Tonnage Expenditures for Fiscal Year 2,817 tons 333 tons 657 tons 26,785 tons $35,139.80 $ 4,907.20 $39,722.76 SALARY INTERIM ADMINISTRATOR - APPROVED Once in the new fill Mr. Madigan reported that the recommendation of the Finance Committee was to set the salary of the Interim Administrator at $17,000.00, that being the salary of the former Administrator. 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 accept the recommendation of the Finance Committee and does herein set the salary of the interim administrator at $17,000.00 per year along with all benefits of the office bestowed upon the previous administrator. The above resolution was passed unanimously. G. E. BUILDING PERMIT - TABLED Mr. Webber appeared before the Board and stated that on February 13, 1973, G. E. had applied for a building permit to construct a $5,000,000.00 facility and he could not issue it because a water and sewer agreement had not been reached. At a meeting on February 16th an agreement was reached between himself, Mr. Y u Alderman, Mr. Ambrogi and Mr. Whiting wherein G. E. could construct their foundation but nothing else. He 311 J stated that on March 8th he informed Mr. Whiting and Mr. Richter that he still could not issue a permit for the same reasons as above. Mr. Richter asked how they could speed things up and Mr. Webber suggested that they appear before the Board of Supervisors and therefore are on the agenda tonight. Mr. Whiting stated that he felt the section of the Code Mr. Webber was referring to in making his decision was intended to mean the State Board of Health and not the Board of Supervisors. He stated that since approval had been given by the local Board of Health that was all that was necessary for the issuance of a building permit. Mr. Sandy stated that in the past, water and sewer plans were submitted before approval was given by the Board. Mr. Bowman, Chairman of the Sanitation Authority, stated that the Authority had made a concrete r proposal to G. E. and at this time they have not accepted it. Mr. Cole asked Mr. Ambrogi if he felt the request for a building permit had anything to do with the ordinance regulating the extension of water and sewer lines into the County and Mr. Ambrogi stated that he not feel that it did. Mr. Madigan stated that the building permit was contingent upon the ordinance because any dwelling in this county, before the issuance of a building permit, must have an approved water and sewer system. Mr. Whiting asked what the Board required in order to issue a building permit. Mr. Madigan stated that the Board wanted to see how they intended to water and sewer the property. Mr. Whiting stated that they had complied with the requirements of the Health Department. Mr. Bowman stated that the City of Winchester does not have the authority to extend any water or sewer lines into the County without the express consent of the Board of Supervisors and this had been conveyed to G.E. Mr. Cole stated that he hated to see G.E. held up in their building during this pretty weather. He stated that he was in favor of granting the building permit tonight and as far as the extension of water and sewer, he felt this would come under the ordinance. Mr. Richter stated that G. E. had asked for construction bids and these bids were to be awarded next week. He felt G. E. would be greatly embarrassed if a contract could not be awarded at the specified time. Mr. Russell stated that he was concerned because of the bind this could put on the Sanitation Authority to meet the deadline to provide the services. Mr. Madigan stated that he felt all parties concerned should meet together for as long as necessary to resolve these problems. 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 building permit of G. E. until G. E. can submit their plans for water and sewer, until the April meeting or at a prior time if they can meet the requirements. By recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan and Donald R. Hodgson all voting "For" and Dennit T. Cole voting "Against ", the above resolution was passed. RECREATION FEES AND ADMISSIONS CLEAR BROOK PARK - 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 approve the recreation fees and admissions for Clear Brook Park as recommended by the Recreation Commission and set forth below: (1) The rate for adults to the swimming pool shall be 75C each and the rate for children shall be 50F each. (2) A season pass, with 40 admissions to the pool, shall be $20.75 for adults and $12.50 for chil (3) The pool shall close at 5:00 P.M. on Tuesday, and Thursday to allow special groups (churches, fraternal organizations, and business organizations) to use the pool at a cost of $25.00 per church group; $50.00 per fraternal organization; and $75.00 per business organization. The above resolution was passed unanimously. 312 AUTHORIZATION OF INTERIM ADMINISTRATOR TO SIGN MINUTES - 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 authorize James E. Boyd, Interim Administrator, to sign the minutes of the Board of Supervisors for all meetings during the term of the previous County Administrator, Roger H. Alderman, which have not to date been signed; and, BE IT FURTHER RESOLVED, That James E. Boyd is herein authorized to sign any and all minutes approved by this Board prior to the appointment of a new County Administrator. The above resolution was passed unanimously. APPOINTMENT JOHN RILEY - SECRETARY TO 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 appoint John Riley, Secretary to the Frederick County Planning Commission until such time as a suitable replacement can be found. The above resolution was passed unanimously. BOARD WORK SESSION WITH CONSTITUTIONAL OFFICERS AND STAFF SET 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 set the first Wednesday of each month, at 7:00 P.M., in the County Board Room, as the regular date for the Board Work Session with the Constitutional Officers and Staff. The above resolution was passed unanimously. MOBILE HOME PERMITS 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 mobile home applications: (1) Lee Roy Fishel Rt. 4625 Opequon District (2) Joseph S. Stumbaugh Route 4663 Stonewall District (3) W. R. Cook Route 50 East Shawnee District (4) Ken Smith Route 50 West Back Creek District (5) Ella M. Field Route 522 South Opequon District The above resolution was passed unanimously. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein deny the following mobile home applications inasmuch as they have not been approved by the Health Department: (1) Linden Robert Boone, Jr. Old Rt. 50 West Back Creek District (2) Raymond L. Shaffer Rt. 11 South Back Creek District (3) Richard Puffenberger Route 803 Back Creek District J i 313 (4) Jack L. Ritter, Sr. i Route 664 Stonewall District The above resolution was passed unanimously. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, ' BE IT RESOLVED, That the mobile home application of Weldon Oates, Rt. #11 North in Stonewall District is hereby approved by the Board of Supervisors of the County of Frederick. 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 ' following mobile home applications: (1) Boyd Davis Route 746 - Back Creek District (2) Lewis Heiss Route 606 - Back Creek District (3) James L. Smith Route 731 -. Gainesboro District (4) Daniel Cos Route 680 - Gainesboro District (5) Junior Crouse Route 522 North - Gainesboro District The above resolution was passed unanimously. CONSERVATION CLUB COMPLAINT CONCERNING UNISIL CORPORATION POLLUTION OF BACK CREEK A delegation appeared from the Frederick County Conservation'Club in protest to the pollution being ' caused in Back Creek by the Unisil Corporation. They presented several photographs of areas along the creek showing this pollution. The delegation requested the Board to take some action to see that this situation was corrected. Mr. Madigan stated that Senator Truban had been notified of the problem and the State Water Control Board has been notified also and that Unisil had been ordered to clean up Back Creek. He stated that Unisil had advised him that they were constructing holding ponds to help correct the problem. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors does herein direct that the State Water Control Board be notified officially by the Board of Supervisors of the conditions existing in Back Creek; and, BE IT FURTHER RESOLVED, That the Board request the State Water Control Board to take the necessary steps to have these conditions corrected; and, BE IT FURTHER RESOLVED, That said notification shall be signed by the Chairman of the Board of I I Supervisors, Raymond C. Sandy. The above resolution was passed unanimously. BOARD MEMBER APPOINTED TO SERVE ON THE FREDERICK COUNTY PARKS AND RECREATION 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 appoint J. I Russell to serve as a liason member on the Frederick County Parks and Recreation Commission. The above resolution was passed unanimously. LAND REASSESSMENT BY STATE -�IAPPROVED 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 designate the land reassessment for Frederick County be conducted by the State, according to the Code, at the regularly scheduled time. The above resolution was passed unanimously. 314 c� L The Board voted unanimously to table the appointment to the Highway Safety Committee to replace John Fowler until the first meeting in April. FtMUZKJUC UUU JI.nWL DUAKU - AULnURL( LLVn TO NEGOTIATE WITH THE VIRGINIA PUBLIC SCHOOL AUTHORITY , TO ISSUE $2.000,000 IN SCHOOL BONDS - APPROVED Dr. Melton Wright appeared before the Board and presented a request from the Frederick County School Board to negotiate with the Virginia Public School Authority for the issuing of $2,000,000 in school bonds in order to help defray the cost of the proposed building program. He stated that the preliminary plans had been approved by the Board of Education. Dr. Wright discussed the dire need for the improvements to James , Wood and stated there was no other alternation but to go ahead with this project. Mr. Cole stated that he felt James Wood was at least three years behind and that there was no alternative but to go ahead with this improvement. Mr. Russell stated that he had looked at James Wood School and he felt the communications between the School Board and the Board of Supervisors should be better in the future so that the trouble spots in the schools could be spotted and both boards could be aware of them. Mr. Madigan stated that as Chairman of the Finance Committee he had been working closely with Dr. Wright on this building program and he felt it was really needed in Frederick County. He stated he knew it was a big undertaking for the people of Frederick County but he felt that good education must be provided for the young people of the County who will be the citizens of tomorrow. He stated our future depends on the young people in the schools. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: , 1. That the Frederick County School Board is hereby authorized to negotiate with the Virginia Public School Authority the issuing of Two Million Dollars ($2,000,000.00) in school bonds and to use the funds thereof to help defray the cost of the proposed building program; said building program to be the construction of two new elementary schools at an approximate cost of One Million Eight Hundred Thousand Dollars ($1,800;000.00) each and renovate the present James Wood High School and erect an addition to the present edifice and connect it to the Kline Elementary School at an approximate cost of Three Million Eight Hundred Seventy -Two Thousand Dollars ($3,872,000.00). 2. This resolution is to become effective as of the above date. The above resolution was passed unanimously. Lakeside Estates - Section II - Opeouon District - 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 Section II of Lakeside Estates, consisting of 52 lots, situated in Opequon Magisterial District as recommended by the Planning Commission. The above resolution was passed unanimously. ' Aikens Subdivision - Stonewall District - 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 Aikens Subdivision located in Stonewall Magisterial District as recommended by the Planning Commission. The above resolution was passed unanimously. The Board recessed into executive session upon motion made by Richard F. Madigan and seconded by J. Robert Russell and passed unanimously. The Board reconvened upon motion made by Richard F. Madigan and seconded by Dennis T. Cole and passed unanimously. 315 -II Stine Subdivision - Stonewall District - Tabled: Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick take no action whatsoever on the Stine Subdivision until the Hunter M. Stine Estate and the people involved on said plat resolve their differences regarding the 20 foot strip and the alley shown on said plat and any other rights set forth in the deed of dedication. The above resolution was passed unanimously. Stonebrook Farms - Back Creek District - 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 Section I of Stonebrook Farms Subdivision, consisting of 59 lots, situated in Back Creek Magisterial District, subject to a recreation fee of $100.00 per'lot, said fees to be placed in the Recreation Fund for Back Creek District. The above resolution was passed unanimously. Mr. Sandy announced that the Road Viewers would be appointed at the first meeting in April. B.M,K. Subdivision - Approved: Mr. Bill Butler appeared before the Board and stated that in 1969 a plat had been presented to the Board on the B.M.K. Subdivision and subsequently approved. This plat was not recorded and therefore needs approval by the Board again. 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 the UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE -BOAR]) OF SUPERVIS arc o At a Special Meeting of the Board of Supervisors of the County of Frederick March, 1973, in the Board of Supervisors Room at 9 Court Square, Winchester, Virginia: DO NOW ADJOURN. W on the 26th day of PRESENT: Raymond C. Sandy; J. Robert Russell; Richard F. Madigan; Donald R. Hodgson; and Dennis T. Cole. Due to the late arrival of Chairman Sandy the meeting was called to order by Vice Chairman, J. Robert Russell. Mr. Boyd stated that the purpose of this meeting was to get some indication from the Board as to V their feelings on the Budgets of the Constitutional Officers to be presented to the State Compensation Board. Mr. Boyd passed out to each Board Member copies of the proposed Budgets. He stated that the Finance ' Committee had had a meeting with the Constitutional Officers and were presented their budgets. Mr. Ambrogi read the following recommendations from the Committee on Courts and Law Enforcement following their meeting on March 15, 1973: 1. Effective April 1, 1973 the lockup in the City would be reopened and maintained on a 24 hour ' II basis. I l n l l 2. The lockup would be run by and staffed by the Sheriff of Frederick County. 3. Five new Correctional Officers would be hired by the Sheriff at an annual salary of $5,880.00. 4. Until salary approval was secured from the State Compensation Board the City and County would share equally 1/3 of the salary paid locally. 5. Maintenance would be handled jointly. 6. It is recognized that this arrangement is temporary since the City will have need of the area in the near future. u plat of B.M.K. Subdivision situated in Stonewall Magisterial District. ' N The above resolution was passed unanimously. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE -BOAR]) OF SUPERVIS arc o At a Special Meeting of the Board of Supervisors of the County of Frederick March, 1973, in the Board of Supervisors Room at 9 Court Square, Winchester, Virginia: DO NOW ADJOURN. W on the 26th day of PRESENT: Raymond C. Sandy; J. Robert Russell; Richard F. Madigan; Donald R. Hodgson; and Dennis T. Cole. Due to the late arrival of Chairman Sandy the meeting was called to order by Vice Chairman, J. Robert Russell. Mr. Boyd stated that the purpose of this meeting was to get some indication from the Board as to V their feelings on the Budgets of the Constitutional Officers to be presented to the State Compensation Board. Mr. Boyd passed out to each Board Member copies of the proposed Budgets. He stated that the Finance ' Committee had had a meeting with the Constitutional Officers and were presented their budgets. Mr. Ambrogi read the following recommendations from the Committee on Courts and Law Enforcement following their meeting on March 15, 1973: 1. Effective April 1, 1973 the lockup in the City would be reopened and maintained on a 24 hour ' II basis. I l n l l 2. The lockup would be run by and staffed by the Sheriff of Frederick County. 3. Five new Correctional Officers would be hired by the Sheriff at an annual salary of $5,880.00. 4. Until salary approval was secured from the State Compensation Board the City and County would share equally 1/3 of the salary paid locally. 5. Maintenance would be handled jointly. 6. It is recognized that this arrangement is temporary since the City will have need of the area in the near future. 316 r There was lengthy discussion regarding the hiring of five jailors with Sheriff Anderson explaining the need for these men in order to operate the lockup. A discussion followed as to whether or not these five jailors would be submitted to the Compensation Board at this time or at a later time. 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 hiri , of five jailors by the Sheriff of Frederick County at a salary of $5,880.00 each; for uniforms and equipment $524.75 each, making a total of $32,023.75 of which the County of Frederick will share one half the cost and the City of Winchester will share the other half the cost. The above resolution was passed unanimously. Sheriff Anderson then presented a request for seven additional road men for the Sheriff's Department. ' There followed a lengthy discussion with regard to this request with Sheriff Anderson pointing out that in order to protect the people of Frederick County properly these men were necessary. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein accept the recommendation of the Committee on Law Enforcement and approve the seven additional deputies for the Sheriff's Department; and, BE IT FURTHER RESOLVED, That this resolution be submitted to the State Compensation Board. By recorded vote with Dennis T. Cole, Donald R. Hodgson and J. Robert Russell all.voting "For" and Richard F. Madigan and Raymond C. Sandy voting "Against" the above resolution was passed. The budgets of the remaining four constitutional officers were reviewed. 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 recommend to ' the Constitutional Officers of Frederick County that each officer submit his or her proposed budget as presented to the State Compensation Board for their consideration; and, BE IT FURTHER RESOLVED, That the County Administrator is hereby directed to draft a letter to accompany the proposed constitutional officers' budgets so indicating this Board's recommendation and support. The above resolution was passed unanimously. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOA SUPERVISORS DO NOW ADJOURN. �y C f�U� eeyary board or Supervisors a an, oar o up visors At the Regular Meeting of the Board of Supervisors held on the 28th day of March, 073, in the County Court Room, County Court House, Winchester, Virginia. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Richard F. Madigan; Dennis T. Cole; and Donald R. Hodgson. The meeting was called to order by Chairman Sandy. PUBLIC HEARINGS , James Carper - Rezoning - Approved Mr. Carper appeared before the Board in support of his application for rezoning. There was no opposition. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, II , BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the V application of James Carper to rezone 1 acre of land situated in Opequon Magisterial District; lying on the east side of U. S. Route 11 South, immediately south of Middletown, Virginia, from Agricultural (A -2) to Business (B -2). The above resolution was passed unanimously. a ' 317 H. Ray Van Dyke - Rezoning - Approved Attorneys Gunter and Chipman, representing Mr. Van Dyke, appeared before the Board and presented an aerial photograph showing the various zonings in the area. Mr. Gunter stated that their request for rezoning was for a more restrictive use than what the property 1s presently zoned. He stated that under the present ' zoning a slaughterhouse could be erected on the property. Mr. Gunter then presented a petition to the Board with seventy signatures stating that the petition contained the names of all the adjoining property owners except Mr. T. G. Adams who would not sign the petition because he was a member of a County body and did not feel he could ethically sign. Mr. Gunter stated that Mr. Van Dyke was requesting a zoning down of the property and not a zoning up. I Mr. Madigan asked if all the people listed on the petition lived in the area and Mr. Gunter stated that all were residents of Back Creek District in which the property is located. Mr. Sandy called for opposition from the floor. There was none. Mr. Madigan stated that he had received several calls from people in the area protesting this rezoning. Mr. Sandy stated that he felt there should be some set back lines for businesses along main highways. 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 of H. Ray Van Dyke et ux to rezone 1.72 acres of land, situated in Back Creek Magisterial District; lying on the east side of U. S. Route 11 South, approximately 8/10 miles south of Winchester City Limits; from Industrial (M -2) to Business (B -2). I By recorded vote with Raymond C. Sandy, Donald R. Hodgson, and Dennis T. Cole voting "For" and II Richard F. Madigan and J. Robert Russell voting "Against" the above resolution was passed. I ryl I Fred M. Esther Strawson - Rezoning - Approved Mr. Strawson appeared before the Board and stated that they were requesting the rezoning in order to subdivide the property into one acre lots. He stated that it had been approved by the Health Department and that a well had been drilled and appeared to be more than ample. Mr. Sandy called for opposition to this rezoning. There was none. 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 Fred M. and Esther Strawson to rezone a parcel of land containing 42.351 acres; located along the north side of Virginia Route 631 approximately 4 miles west of Stephens City, Virginia, in Back Creek Magisterial District; from Agricultural (A -2) to Residential (R -1). The above resolution was passed unanimously. Bottlers International, Inc. - Rezoning - Approved Mr. A. C. Gunter appeared before the Board in support of the rezoning application of Bottlers International, Inc. and stated that the property has been approved by the Health Department and is ideal for the building of homes. Mr. Sandy called for opposition to this rezoning. There was none. ' 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 of Bottlers International, Inc. to rezone more or less 161.47 acres of land located at the intersect of Virginia Route 661 and Virginia, 663 (the Welltown Pike) approximately 2k, miles from the City of Winchester, Virginia in Stonewall Magisterial District; from Agricultural (A -2) to Residential (R -1). The above resolution was passed unanimously. 318 S. Herbert Shackleford - Rezoning - Approved Mr. Shackleford appeared before the Board in support of his application for rezoning. Mr. Sandy asked, in reference to the impact on the schools, when Mr. Shackleford planned to have the construction on this property completed. Mr. Shackleford stated that the projected time for completion was 1982. 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 S. Herbert Shackleford to rezone more or less 217 acres of land, located on the.east side of Virginia State Route 642, approximately 1k miles east of U. S. Route 11, in Opequon Magisterial District, from Agricultural (A -2) to Residential (R -2). The above resolution was passed unanimously. DOG WARDEN REPORT AND CLAIM - APPROVED Mr. Harold Whitacre appeared before the Board and presented his monthly report and a claim for a livestock kill from Mr. Talbert DeHaven. 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 ' livestock claim of Talbert DeHaven of Gainesboro District for three (3) goats killed on February 13, 1973, at assessed value of $,5.00 each or a total of $15.00. The above resolution was passed unanimously. ROAD HEARING Mr. Sandy stated that the Board would conduct the Road Hearing at this time. He explained the pro- cedure to be followed stating that the hearing would be conducted district by district. Mr. Childs of the Highway Department was introduced. He explained why the hearing was being held and what was done with the petitions presented by the people. He explained that the work done by the Highway Department was done on a priority basis and was not determined by the number of people in the delegation presenting the petition. Mr. Sandy then asked that the petitions and requests be presented district by district, beginning with Stonewall District. Following is a list of the petitions and requests presented from Frederick County's five magisterial Districts. STONEWALL DISTRICT - Dennis T. Cole, Supervisor% ROUTE FROM - TO 663 Route 661 - Route 81 TYPE IMPROVEMENT REQUESTED LENGTH 0.80 0.10 2.00 REQUESTED BY 664 Intersection Rt. 729 666 End Hard Surface - Rt. 761 667 Intersection Rt. 672 667 End Hard Surface & Rt. 668 668 Rt. 11 - Route 667 NEW ADDITIONS: Grade, Drain, Stabilize Surface Treat Improve Sight Distance Improve section at curve (Wet Weather Spring) Improve Sight Distance Improve section at end of Hard Surface Reconstruct Aikens Subdivision - Off Route 672 at Clearbrook Carpers Drive at Sunnyside Road leading off Route 11 North of Route 81 - 0.20 Mile East Galilee Church Road - From Route 661 to approx. 0.40 Mi. West Ronnie Ware 6 8 Petition D. T. Cole D. T. Cole D. T. Cole D. T. Cole D. T. Cole Raymond McMillian 6 3 Petition Virgil Miller 6 13 Petition Mrs. Carl Williams D:, T. Cole and Petition i 319 J 7 L GAINESBORO DISTRICT - J. Robert Russell, Supervisor ROUTE FROM - TO TYPE IMPROVEMENT REQUESTED LENGTH REQUESTED BY 682 Route 671 - Route 608 Improve crossing of Babbs Run and Improve Road 1.60 J. Robt. Russell 688 Route 522•- Route 50 Commented favorably on past work and requested the continua- tion of reconstruction and E. W. Adams, Jr. surface treatment. 3.30 6.W. H. Emmart 669 & 694 Route 522 - Leary School Grade, Drain & Stabilize 1.00 George Schill Petition 739 Intersection of Route 672 Remove Hump N. of Int. Rt. 672, also just N. of Hugh Dailey's Prpt. - J. Robt. Russell NEW ADDITION• Oak Street in Darlington Subdivision J. Robt.7Russell Elm 6 Maple Streets in Darlington Subdivision J. Robt. Russell OPEQUON DISTRICT - Raymond C. Sandy, Supervisor u ROUTE FROM - TO p TYPE IMPROVEMENT REQUESTED LENGTH REQUESTED BY 627 Route 81 - Warren Co. Line Accelerate Progress on present constr. 1.90 Mr. Sandy Petition 628 Route 629 - Route 622 Widen Shoulders 6 Paint Edge Lines 4.40 Mr. Sandy 641 Route 277 - Route 636 Widen Shoulders 2.70 Donald L. LeMarr & 11 Petition 642 Int. Rt. 647 Improve Intersection - Herbert Shackleford 642 Bridge Over Opequon Erect Warning Signs at Creek Bridge - Herbert Shackleford 646 Route 522 - Clark Co. Line Improve Pipe Overflow - Floyd Ritter Petition NEW ADDITIONS: None BACK CREEK DISTRICT - Richard F. Madigan, Supervisor ROUTE FROM - TO TYPE IMPROVEMENT REQUESTED LENGTH REQUESTED BY 608 6 600 Route 50 - Route 55 Improve Shoulders 12.00 Paul Rhinehart Petition 619 Route 622 - Route 608 Reconstruct 3.30 A. J. Taranto 6 Petition 629 Route 622 - Route 628 Improve untreated Section 1.30 Mrs. Alfred Snapp Jr. 6 9 629 Route 622 - Route 608 Reconstruct 4.20 R. F. Madigan NEW ADDITIONS: Road between Rt. 644 6 0.40 Mi. South - Caldwell Lane R. F. Madigan Petition Woodchuck Lane - From End Rt. 654 to Rt. 620 R. F. Madigan 320 - ' , SHAWNEE DISTRICT - Donald R. Hodgson, Supervisor ROUTE PROM - TO TYPE IMPROVEMENT REQUESTED 645 W. of Airport -Rt. 50 Trim Brush 656 Between Routes 657 & 659 Widen Bridge over Abrams Creek NEW ADDITIONS: Extend Route 744 from end of maintenance to Hilltop Terrace Road between Route 659 and approximately 0.20 Mi. South (Anderson Ave.) LENGTH REQUESTED BY 2.60 D. R. Hodgson D. R. Hodgson James M. Wilkins Mrs. Pauline Mason 6 1 LAKESIDE ESTATES - SECTION II - OPEQUON DISTRICT - APPROVED: Mr. Sandy stated that Mr. Shackleford had requested a reapproval of Section II of Lakeside Estates since this parcel of land lies within the 217 acres approved for rezoning in the previous public hearing. 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 Section II of Lakeside Estates, consisting of 52 lots, situated in Opequon Magisterial District as recommended by the Planning Commission and previously approved by the Board on March 14, 1973. The above resolution was passed unanimously. i 0 HERITAGE HILLS SUBDIVISION - APPROVED Mr. James Wilkins appeared before the Board and requested approval of Section I of the Heritage Hills Subdivision Plat. He stated that the Board had approved the original plat on June 14, 1972, and that since that time the Highway Department had requested that the corners be rounded and the City of Winchester had requested the names of two streets be changed. He stated that all these requirements had been met and that the plat had been reviewed by the Planning Commission. Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the plat of Section One of Heritage Hills Subdivision located in Shawnee Magisterial District, subject to a recreation fee of $3,600.00. The above resolution was passed unanimously. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. ai an, oar of up visors At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held in the Board of Supervisors' Room, 9 Court Square, Winchester, Virginia, on the 11th day of April, 1973. PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Donald R. Hodgson; Dennis T. Cole; and Richard F. Madigan. The Chairman called the meeting to order. Upon motion made by J. Robert Russell and seconded by Richard F. Madigan the minutes of the Meetings held on February 28, 1973;• Mach 14, 1973; March 26, 1973; and March 28, 1973 were approved as submitted. SUBDIVISICNS Welltown Acres Subdivision -- Approved Mr. Bass presented the plat of Welltown Acres Subdivision to the Board for approval. C �7 Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, 321 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does hereby approve Section 1 of the Welltown Acres Subdivision situated in Stonewall Magisterial District, 11 subject to a fee for recreation, agreeable to the Departmentof Recreation, being paid. The above resolution -was passed unanim ously. ' ,SQiOCL BOND ISSUE - APPROVED Dr. Wright appeared before the Board and presented two resolutions which he stated the Board must act upon as a body. The first was a resolution in compliance with the Virginia-.Conflict of Interest Act. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, WHEREAS, The Board of Supervisors of Frederick County desires to retain the firm of Hunton, Williams, Gay and Gibson , Richmond, Virginia, as its bond counsel in connection with the issuance and sale of approximately $2,000,000 School Bonds to the Virginia Public School Authority; and, WHEREAS, The Board of .Supervisors has received a disclosure by Hunton, Williams, Gay & Gibson pursuant to' Virginia Code Sections 2.1 -349 (a) (2) and (b) (5) being part of the Virginia Conflict of .Interests Act, of certain members and associates of such firm, and spouses of members or associates, who serve governmental agencies other than the County; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. Hunton ,Williams, Gay & Gibson, Richmond, Virginia, shall be retained as bond counsel in t connection with the issuance and sale of approximately $2,000,000 School Bonds to the Virginia Public School Authority. 2. The agreement to retain Hunton, Williams, Gay & Gibson as bond counsel is a contract for legal services which, in the judgment of the Board of Supervisors, in the public interest should not be acquired through competitive bidding. 3. This resolution shall be filed as a matter of public record with the minutes of this meeting. The above resolution was passed unanim ously. Dr. Wright stated that the second resolution concerned the Bond Resolution itself. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $2,000,000 SCHOOL BONDS, SERIES OF 1973, OF FREDERICK COUNTY, VIRGINIA BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. It is hereby determined to be necessary and expedient for Frederick County to finance certain capital projects for school purposes by contracting a debt in the amount of Two Million Dollars ' ($2,000,000), issuing its school bonds therefor and selling the same to the Virginia Public School Authority, a state agency prescribed by the General Assembly pursuant to Article VII, Section 10 (b) of the Constitution of Virginia. 2. It is hereby determined to be in the best interests of Frederick County to accept the offer of the Virginia Public School Authority to purchase the bonds at a yield basis not to exceed .10% greater ' than the Authority must pay on the bonds which it will sell to provide the necessary funds to purchase the County's bonds; provided that the offer of the Virginia Public School Authority shall not be finally accepted and the bonds shall not be awarded until the Board of Supervisors shall have. approved the rate or rates of interest, as finally determined, which the bonds are to bear. 3. The bonds shall be dated December 15, 1972, shall be designated " School Bonds, Series of 1973 ", and shall mature in numerical order in instal]memts of $100,000 on Dec. 15 in each of the years 1974 to 1993, inclusive, without option of prior redemption. The bonds shall bear interest from their date payable semiannually June 15 and December 15 at such rate or rates as $hall be approved by the Board of Supervisors as provided above. 322 4. At the request of the Virginia Public School Authority the bonds shall be issued initially as fully registered bonds without coupons, with one bond being issued for each maturity, numbered R 1 to R 20, inclusive. Principal and interest on the bonds shall be payable at the principal office of United Virginia Bank /State Planters, Richmond, Virginia. The bonds shall be signed by the Chairman of the Board of Supervisors, shall be countersigned by its Clerk and its seal shall be affixed thereto or a facsimile printed thereon. 5. The fully registered bonds shall be in substantially the following form: No. R UNITED STATES OF AMERICA ummaN[•IEALTH OF VIRGINIA School Bond, Series of 1973 $100,000 Frederick County, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to the order of VIRGINIA PUBLIC SCHOOL AUTHORITY upon presentation and surrender hereof the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) on December 15, 19_, and to pay to the Virginia Public School Authority interest from the date hereof to maturity at the rate of 4.9 per. cent (4.9 %) per year, payable simiannually on June 15 and December 15. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of United Virginia- Bank/State Planters, Richmond, Virginia. This bond is one of an issue of $2,000,000 School Bonds, Series of 1973, of like date and tenor, except as to number and maturity, and is issued pursuant to Article VII, Section 10 (b) of the Constitution of Virginia and the statutes thereof, including the Public Finance Act, as amended, to provide funds for capital projects for school purposes. This bond may be exchanged without cost at the principal office of United Virginia Bank /State Planters , Richmond, Virginia, for an equal aggregate principal amount of coupon bonds without privilege of registra- tion, of the denomination of $5,000 each, of the same maturity, bearing interest at the same rate and having attached thereto coupons representing all unpaid interest due or to become due thereon. The full faith and credit of Frederick County are hereby irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditions and things required by the Constutution and statutes of the Cammonwealth of Virginia to happen, exist or be performed prededent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of Frederick County, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, %M Board of Supervisors of Frederick County, Virginia, has caused this bond to be signed by its Chairman, to be countersigned by its Clerk, its seal to be affixed hereto or a facsimile printed thereon, and this bond to be dated as of December 15, 1972. 323 /s/ James E. Boyd (SEAL) /s/ Raymond C. Sandy Clerk, Board of Supervisors Chairman, Board of Supervisors of Frederick County, of Frederick County, Virginia Virginia 5. Fully registered bonds without coupons may be ex- changed at the expense of the County at the principal office of United Virginia Bank /State Planters, Richmond, Virginia, for an equal aggregate principal amount of coupon bonds without privilege of registration, of the denomination of $5,000 each, appropriately numbered, of the same maturities, bearing interest at the same rate or rates and having attached thereto coupons representing all unpaid interest due or to become due thereon. Upon request of the Virginia Public School Authority, the County shall execute and deliver as soon as practicable coupon bonds surrendered in any such exchange shall be cancelled. 6. Principal and interest on the coupon bonds s hall be payable at the principal office of United Virginia Bank /State Planters, Richmond, Virginia, or Farmers & Merchants National Bank, Winchester, Virginia, at the option of the holder. The bonds shall be signed by the manual or facsimile signature of the Chairman of the Board of Supervisors, shall be countersigned by its Clerk and its seal shall be affixed thereto or a facsimile printed thereon. The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Chairman and Clerk. 7. The coupon bonds and the coupons attached thereto shall be in substantially the following form: (FORM OF COUPON BOND)= No. UNITED STATES OF AMERICA COMMCNWEALTH OF VIRGINIA FREDERICK COUNTY School Bond, Series of 1973 $5,000 Frederick County, Virginia, for value received, hereby acknowledges itself indebted and promises to pay the bearer upon presentation and surrender hereof the sum of FIVE THOUSAND DOLLARS ($5,000) on December 15, 19_, and to pay interest thereon from the date hereof to maturity.at the rate of per cent ( %) per year, payable semiannually on June 15 and December 15 upon presentation and surrender of the attached coupons as they become due. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of United Virginia Bank /State Planters, Richmond, Virginia, or Farmers & Merchants National,Bank, Winchester, Virginia, at the option of the holder. 324 _. This.bond_is one of issue.of $2,000,000 School Bonds, Series of 1973, of like date and tenor, except as to number, maturity and rate of interest, and is issued pursuant to Article VII, Section 10 (b) of the Constitution of Virginia and the statutes thereof, including the Public Finance Act, as amended, to provide funds for , capital projects for school purposes. T The full faith and credit of Frederick County are hereby irrevocably pledged for the payment of principal of T and interest on this bond. All acts, conditions and things required by the , Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of Frederick County, is within c every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of Frederick County, Virginia, has caused this bond to be signed by the manual or facsimile signature of its Chairman, to be countersigned by its Clerk, its seal to.bb hereto r or printed hereon, the attached interest coupons to be ' authenticated by the facsimile signatures of its Chairman and Clerk, and this bond to be dated as of December 15, 1972. COUNTERSIGNED: /s/ James E. Bo d (SEAL) /s/ Raymond C. Sand C erc, Boa-0 ^ qun ?rvisors Chairman, Boar ol Supervisors of Coufity; '— of Frederick County, Virginia Virginia (FORM OF COUPON) No. $ June On December 15, 19i , Frederick County, Virginia, will pay to bearer Dollars ($ ) in lawful money of the United States of America at the principal ' office of United Virginia Bank /State Planters, Richmond, Virginia, or Farmers & Naf onal ,'Winchester. Virginia, at the option of the holder, being the semiannual interest then due on its School Bond, Series of 1973, dated ' December 15, 1972, and numbered Clerk, Boar of Supervisors ,.Chairman, Board of Supervisors of Frederick County, df Frederick County, Virginia Virginia No c 325 8. Ther full faith and credit of Frederick County are hereby irrevocably pledged for the payment of principal of aed interest on the bonds. There shall be levied and collected annually on all locally taxable property in the County ' an ad valorem tax over and above all other taxes authorized or limited by law sufficient to nFty'�_uch principal and interest as the same respectively become due and payable. 9. After the bonds have been awarded, the and Clerk of the Board of Supervisors are hereby authorized ' and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the Treasurer of Virginia on behalf of the Virginia Public School Authority upon payment therefor. 10. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this resolution to be presented to the County School Board of Frederick County and filed with its Clerk. The bonds hereby authorized shall not.be issued by the Board of . Supervisors until the County School Board shall have adopted an appropriate resolution consenting to the issuance of ' the bonds. 11. No use of the proceeds derived from the sale of theibonds shall be made which, if such use has been reasonably expected on the date of issue of.the bonds, would have caused the bonds to be "arbitrage bonds" under Section 103 ;(d) (2) of the Internal Revenue Code of 1954, as amended, and applicable regulations issued . pursuant thereto. 12. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this resolution to be filed forthwith with the Circuit Court of Frederick County and within ten days thereafter to cause ' to be published once in a newspaper having general circulation in the County a notice setting forth (1) in Lr.r, brief and general terms the purpose for which the bonds are to be issued and (2) the amount of such bonds. 13. This resolution shall take effect immediately. ' The undersigned Clerk of the Board of Supervisors of Frederick County, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Board of Supervisors held the 11th day -f April, 1973, and of the whole.thereof so far as applicable to the matters referred to in such extract. WITNESS hand and the seal of the Board of 326 Supervisors of Frederick County,. Virginia, this 13th day of April, 1973. J_s�' _James E. Boyd Actin- Clerk, Boar o fiflpetvisors of Frederick County, Virginia (SEAL) The above resolutieh'�wes > pas se&bv - the,= .fo;llow hg_r611 cailw•vote: Dennis T. Cole - Aye J. Robert Russell - Aye Donald R. Hodgson - Aye Richard F. Madigan - Aye Raymond C. Sandy - Aye HIGHWAY DEPARTMENT REPORT Mr. King and Mr. Childs of the Highway Department appeared before the Board and Mr. Childs requested reaffirmation of the Location and Design Hearing held on Project 0761 - 034 -144, C501, B608 on February 28, 1973 at the Frederick County Recreation Park. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, WHEREAS, a Location and Design Public Hearing was held for Project 0761- 034- 144, C501, B608 on February 28, 1973, at the Frederick County Recreation Park in Frederick County, and, WHEREAS, much opposition to the project was raised by several of the property owners on the road, and, WHEREAS, the proposed location and design of the new road has been discussed by Highway Department Representatives in detail with several of the property owners subsequent to this hearing and their opposition has abated, NOW THEREFORE, The Board of Supervisors urges the Virginia Department of Highways to proceed with the orderly completion of this project. The above resolution was passed unanimously. Mr. King stated that he had discussed the improvement of Roads 6523and 651 with personnel from the General Electric Plant.__ Mr. King stated that these roads were only 16 feet wide and will require improve- ments and he felt that industrial access funds could be secured for these improvements if the Board would .adopt a. resolution.requesting. the funds. _ • - 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 direct that application be made for industrial access funds for thE:�g3LSd improvement of Routes 652 and 651 in Back Creek Magisterial District in Frederick County, Virginia. The above resolution was passed unanimously. ROAD VIEWERS APPOINTED r� The following road viewers were appointed from the respective Magisterial Districts: James Swing - Back Creek District Arthur Bragg - Stonewall District R. W. Adams, Jr. - Gainesboro District Frederick M. Gore - Opequon District A i Raymond C Bucklew - Shawnee 327 Mr. King stated that the Road Viewing would be held on May 2nd at 9:00 or 9:30 A. M. STREET NAME GARBER ROAD - APPROVED Mr. Hodgson presented a petition from several residents living on an old section of Route 522 in Shawnee Magisterial District which has no official name, requesting that this section be given the name of Garber Road. The petition contained eighteen names; twelve in favor of this name, four objections and two abstentions. Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein designate that in compliance with the petition presented by the residents of the old section of Route 522, lying in Shawnee Magisterial District, which bears no official name be given the name of Garber Road. The above resolution was passed unanimously. ACCOUNTS PAYABLE APPROVED Mr. Boyd presented the accounts payable for the month of March. Accounts totaling $50,988.53 were read end' approved and ordered to be paid from the General County Fund by Warrants #02582 to #02723 and accounts totaling $1,235.45 for Parks and Recreation were read and approved and ordered to be pamd from the Parks and Recreation Fund by Warrants #06278 to #00298 upon motion made by Richard F. Madigan and seconded by bonaid R. Hodgson. MARCH PAYROLL APPROVED Payrolls totaling ^$29,1486.65, paid from the General County Fund by Warrants. #02523 to #02581, and payrolls totaling $2, 539.99 for Parks and Recreation, paid from the Parks and Recreation Fund by Warrants #00263 to #00277, were read and ap- proved upon motion made by Dennis T. Cole and seconded by J. Robert Russell. APPOINTMENT OF COUNTY ADMINISTRATOR J. 0. RENALDS, III - APPROVED Mr. Sandy introduced Mr. J. 0. Renalds, III and Mrs. Renalds and welcomed them to Frederick County. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That Juette 0. Renalds, is hereby appointed County Administrat of the County of Frederick, Virginia, effective April 16, 1973, at an annual salary of $18,000.00 a relocation allowance of actual moving expenses; and, BE IT FURTHER RESOLVED, That James E. Boyd, Acting County Administrator, and his bonding agent, are relieved of all responsibility and liability connected with the office of County Administrator effective on the above mentioned date. The above resolution was passed with Raymond C. Sandy, Richard F. Madigan, Donald R. Hodgson, and J. Robert Russell all voting "Aye" and Dennis T. Cole r "Abstaining" with the following statement; "I must abstain from voting at this time on the application of Mr. Renalds as County Administrator for Frederick County. I have not had sufficient time , to =•CofidIdartiiwroughly_..this appli cant -for the 7 1mportant _ position of County Administrator for Frederick County. My prior limited experience with this office makes me duly concerned with the background and qualifications n': '¢a,1 of the man who is to fill this office. I would like to have time to interview other applicants whose resumes I have received. There are a number of men ,Whose resumes would encourage me to seek further information. I thi think all members of the Board should take the time and.carefu- carefully consider fiulligg this important office." 328 "I do not intend by not voting to feflect'in any way on the qualifications and character of Mr. Renalds. I have just t,a `:not4'hAd -to investigate thoroughly all the applicants for this im imo important office." , APPLE BLOSSOM COMMITTEE REQUESTS PERMISSION TO USE COUNTY PLAZA -APPROVED Mr. Sandy stated that the Board had received a request from the Apple Blossom ' Festival Committee to use the County Plaza for amusement rides again this year during the festival. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE RESOLVED, By the Board of Supervisors of the County of Frederick that the Executive Committee of the Shenandoah Apple Blossom Festival is herein granted permission to use the County Plaza during the Apple Blossom Festival for amusement rides providing that no pins be driven into the blacktop and no damage done to the Plaza. The above resolution was passed unanimously. PROPOSED HOWARD HOHNSON - WATER AND SEWER PERMIT '-'APPROVED Mr. Sandy read a letter from the Sanitation Authority stating that the Authority had received a request from the developers of the proposed Howard Johnson Restaurant for a water.and sewer The Authority= recommended that this•permit be granted until such time as the Sanitation Authority could,provide the service. Mr. Watson Andrews appeared before the Board in support of this request and stated that he was willing to work with the City and the County in this endeavor and looked forward to a good relationship with`both. 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 extension of water and sewer lilies to the site of the proposed Howard Johnson Restaurant on an interim basis until such time as the Sanitation Authority can provide the services; and, BE IT FURTHER That this Board "does herein direct final details on this water and sewer permit be worked out between the Frederick County Sanitation Authority and the City of Winchester. The above resolution was passed unanimously. 1 FAIRFAX DEVELOPMENT COMPANY - REZONING - APPROVED A public hearing was held at 8:00 P.M. on the rezoning: application of Fairfax Development Company. Mr. Ben Butler appeared before the Board repre'senting�F.airfax Develonmentla is Company and -- stated ,that •the_:interideil� >of thdt:broper.ty ++iouldrbeKfC)rusinglerfamilyn dwellings, afi &A. shopping, center. n There was no opposition to the rezoning. Upon motion made by Richard F. Madigan and seconded by Dennid T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the rezoning application of Fairfax Development Company to rezone 27.228 acres, 44.394 acres, and 44.394 acres of land; located approximately eight miles south of the City Limits of Winchester, Virginia on the east side of U. S. Route 11, situated in Opequon Magisterial District. It is requested that the first such tract of land above be rezpned to Limited Business XB -1), the second such tract of land to Limited Resi.deatial (R -1) , and the last such tract 'to General Residential (R -2). * - The above resolution was passed unanimously. MOBILE HOME PERMITS tions. Mr. John Riley appeared before the Board and presented the mobile home applica- Mobile Home Permits Denied: 329 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 deny the following mobile home permit applications inasmuch as they have been disapproved by the Health Department: ' 1. Howard Malone - Rt. 612 - Back Creek District 2. Loma and Marie Whitacre - Broad Avenue - Shawnee District The above resolution was passed unanimously. Mobile Home Permits ADDroved: Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the following mobile home applications: . 1. Roy G. Wingfield - Rt. 11 North - Stonewall District 2. Edward Orndorff - Rt. 681 - Gainesboro District 3. L. G. Shade - Rt. 694 - Gainesboro District 4. Frank Whitacre - Rt. 693 - Gainesboro District 5. Gerald P. DeHaven - Rt. 522 - Gainesboro District 6. Roger Whitacre - The Knolls - Gainesboro District 7. Roy E. Williamson -.The Knolls - Gainesboro District The above resolution was passed unanimously.' Mr. Earl Armel withdrew his application for mobile home permit. LANDFILL AGREEMENT AMENDMENT - APPROVED ' Mr. Boyd presented the amendment to the Landfill Agreement to be considered by the Board. 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 following amendment to the Frederick County - Winchester Landfill-reem_e AQ rit :C_` FREDERICK COUNTY - WINCHESTER LANDFILL J- GREEMENT AMENDMENT This Agreement made and dated this 11th day of April, 1973, by and between the County of Frederick, Vir- ginia and The City of Winchester, Virginia amends the Contract between the County and the City dated June 14, 1972 entitled FREDERICK COUNTY - WINCHESTER LANDFILL ' AGREEMENT as follows: It is between both that mutually agreed parties when the landfill operation is moved to the Frederick County - Winchester owned landfill site purchased by the City on August 31, 1970 and jointly held by The County and The ' City since June 1972 that the following provisions will prevail under this Agreement: (a) The per ton cost of operation for reimburse- ment by the City shall be modified to eliminate land depreciation as outlined under Section 4 (b) of the orig- inal Agreement. L (b) That any federal or state grants received for the purchase of land, improvementoofa § ite, purchase of equipment, or operation of said joint 330 facility shallibe shared equally by each participating political subdivision. (c) That The City and The County shall share equally the cost of any and all mutually agreeable major improvements necessary to plan, develop and main- ' tain the jointly owned landfill site. ......................... R aymond Sand Ch airman Frederick County Board of Supervisors ATTEST: ' James E. Boyd, Interim County Administrator Frederick County, Virginia Wendell L. Sel on, City Manager City of Winchester ATTEST: B. M. Perrero, Clerk of Counci Winchester, Virginia and, BE IT FURTHER RESOLVED, That authorization is herein given for Chairman Sandy and James E. Boyd, Acting County Administrator to execute said amendment together with Mr. Wendell Seldon, City Manager of the City of Winchester and Mr. B. M. Perrero, Clerk of the Council of the City of Winchester, Virginia. The above resolution was passed unanimously. , CONDUCTION OF SOIL SURVEY - APPROVED Upon r*_c * ,, Uponlmotion.mad'eiE�by JobRobertaRussel -ld w ndbseconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of Frederick County does herein request the Virginia Soil and Water Conservation Commission to conduct a soil survey of Frederick County, Virginia; and, BE IT FURTHER RESOLVED, That the County of Frederick will furnish the necessary office space and secretarial help necessary to conduct said survey and will budget $10,000.00 per year for a five year period, after the survey is begun, to be applied toward the cost of the survey. The above resolution was passed unanimously. PARKS AND RECREATION REQUEST TO PURCHASE ADDITIONAL EQUIPMENT - APPROVED , Mr. Fletcher appeared before the Board and explained the paddle boats he was requesting for the Park. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein authorize Mr. Robert E. Fletcher, Director of the Frederick County Parks and ' Recreation Department to secure bids for the purchase of a tractor, a loader and a rotary cutter for use at Clear Brook Park and further to purchase paddle boats for use at the park. The above resolution was passed unanimously. COURT HOUSE ADVISORY COMMITTEE -*REPORT - Mr:- Ambrogi, Chairman of the Court House Advisory Committee, introduced Mr. Thomas Cooper of the architectural firm of Walton, Madden and Cooper. Mr. Cooper 331 II presented a report on the proposed feasibility study for the County to determine the needs of the County for office facilities. He gave a brief outline of what the study necessary. 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 on First and Second Reading by title only the following ordinance: AN ORDINANCE PROVIDING FOR THE CONTROL OF DOGS RUNNING AT LARGE IN THE COUNTY OF FREDERICK, VIRGINIA. The above resolution was passed unanimously. TAX REFUND BERTHA E. SMITH 'APPROVED Upon motion made by Richard F.. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED , That the Board of Supervisors of the County of Frederick does herein approve a tax refund to Bertha E. Smith in the amount of $38.59 for taxes erroneously paid upon recommendation of the Commissioner of Revenue. The above resolution was passed unanimously. APPOINTMENTS Representative to Replace Roger H. Alderman on the Lord Fairfax Planning District Commission 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 ' would contain and the cost involved. He approximated the cost to be between $15,000.00 and $20,000.00. The Board was of the opinion that the Finance Committee should have the responsibility of deciding upon the firm and having the expenditure placed in the ' budget. ' Mr. Alson Smith, Co- Chairman of the Court House Advisory Committee, reported that the Committee has been functioning at a rapid pace. He stated that the Committee had come to -the conclusion -that beforel could be made to the - Board, they must have professional help. He stated that after the desired information is received the people of F- rederick County would be notified of the findirigsland hearings would be help in each of the political subdivisions of the County. on the Highway Safety Committee. Mr. Cole submitted the name of Earl Riddick to serve as alternate on this committee. DOG CONTROL ORDINANCE - FIRST AND SECOND READING - APPROVED Mr. Sandy presented the Dog Control Ordinance for first and second iEading. Mr. Harold Whitacre stated that he had received numerous complaints from peopl in the County concerning dogs running at large and felt an ordinance like this was very necessary. 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 on First and Second Reading by title only the following ordinance: AN ORDINANCE PROVIDING FOR THE CONTROL OF DOGS RUNNING AT LARGE IN THE COUNTY OF FREDERICK, VIRGINIA. The above resolution was passed unanimously. TAX REFUND BERTHA E. SMITH 'APPROVED Upon motion made by Richard F.. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED , That the Board of Supervisors of the County of Frederick does herein approve a tax refund to Bertha E. Smith in the amount of $38.59 for taxes erroneously paid upon recommendation of the Commissioner of Revenue. The above resolution was passed unanimously. APPOINTMENTS Representative to Replace Roger H. Alderman on the Lord Fairfax Planning District Commission Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does ' herein appoint J. 0. Renalds, III to replace Roger H. Alderman asaarrepresentativepon the Lord Fairfax Planning District Commission. The above resolution was passed unanimously. Representative to Replace Randy R Perry on the Lord Fairfax Plannin District Commission Land Use and Regulations Committee 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 John W. Riley to replace Randy R. Perry as a representative on the Lord Fairfax Planning District Commission Land Use and Regulations Committee. The above resolution was passed unanimously. Appointment to Replace John Fowler on the Highway Safety Committee Mr. Sandy submitted the name of William McCormick to replace John Fowler on the Highway Safety Committee. Mr. Cole submitted the name of Earl Riddick to serve as alternate on this committee. 332 UpoLi motioUpondmottonemade by Dennis lLT..sColedaridbseconae'deby. ausRob&rt Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein appoint William McCormick to replace John Fowler on the Highway Safety Committee; and, BE IT RESOLVED, That Mr. Earl Riddick be appointed to serve as alternate on the Highway Safety Committee. ' The above resolution was passed unanimously. Appointment of Legal Counsel to Board of Zoning Appeals Mr. Ambrogi reported that he had contacted several attorneys to serve as legal counsel for the Board of Zoning Appeals, but as yet did not have a definite recommendation , for the Board. The Board directed the County Administrator to hire Legal Counsel to serve the Board of Zoning Appeals. BUDGET HEARING DATE SET Mr. Sandy announced that the Budget Hearing would be held on Wednesday, Mayf]23;, 1973, at 7:00 P.M. in the Court House. BUMEDING INSPECTOR - REPORT Mr. Blair Webber appeared before the Board and presented the following report: Building Permits Issued 67 Amount of Permits Issued $10,285,574.95 Eees. from Permits 16,575.50 Building Code Manuals Sold 2 Inspecti6nssMadde 131 39 New Dwellings 39 Vacation Homes 11 Industrial Plants 2 ' Greenhouse 1 Restore House 1 3 Accessory Buildings Farm Storage Buildings 1 Model Cabin 1 Remodel 1 Garages 2 Additions 5 LANDFILL REPORT Mr. Donald Hodgson reported on conditions at the Landfill and stated that at the present time the underground fire is not sm6king. Mr. Tom Maccubbin requested authorization from the Board to move the fence at the Landfill back in order to place the containers outside the gate. Upon motion made by Dennis T. Cole and seconded J. Robert Russell, BE "'IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein authorize Thomas Maccubbin to have the fence at the Landfill moved in order that ' containers might be placed outside the gate for use by the citizens after closing hoursla 1 The above resolution was passed unanimously. GENERAL ELECTRIC - REQUEST FOR EXTENSION FOR WATER AND SEWER LINES - DISCUSSED Mr. Sandy read a letter from Henry Whiting, Counsel for General Electric, ' stating that General Electric would apply to the_ City for a water and sewer permit. He also read a letter from the Sanitation Authority stating that their recommendation to the Board would be that the extension of water and sewer lines into the County not be permitted. 333 Mr. Hodgson stated that negotiations with the City had bogged down. He stated that the Sanitation Authority was willing to have further negotiations with the City. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the LBoard of Supervisors of the County of Frederick will not 1 permit the extension of water and sever lines into the County of Frederick to the property of General Electric until the location of sewer lines is resolved in negotiations between the County of Frederick and the City of Winchester; and, BE IT FURTHER RESOLVED, That said negotiations will be continued based upon a verbal offer by the City of Winchester to the Attorney for the Frederick County Sanitation Authority on March 12, 1973, and as appeared in the following newspaper account: "On March 12th the City made an offer to the Attorney for the Frederick County Sanitation Authority to extend Wincheater'ssystem to-provide the needed ti .._� to General Electric on a limited basis for ten years of less until the County has the time to develop its own system. and, BE IT FURTHER RESOLVED, That an attested copy of this resolution be sent with a letter of intent to Mr. Henry H. Whiting, Attorney for General Electric. The above resolution was passed unanimously by the following recorded vote: Raymond C. Sandy,!Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Aye. Mr. Cole stated that he felt the Sanitation Authority should meet with the City as a whole and not send just a few representatives. Mr. Sandy gave an outline of the negotiations which had taken place between the County and the City during the past several months. TRANSFER OF FUNDS 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 authorize the following transfer of appropriations: y _ FROM TO 1 -001A -299 $516.00 19 -001A -405 $516.00 The above resolution was passed unanimously. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. 5ecrotary, board or bupervisor s man, oar bupe� At a Special Meeting of the Board of Supervisors of the County of Frederick, Virginia, held in the Board Room on the 20th day of April, 1973. PRESENT: Raymond C. Sandy, Chairman; Donald R. Hodgson; and Dennis T. Cole. The meeting was called to order by Chairman Sandy. Mr. Sandy stated that the meeting had been called to consider the Application for Rock Festival of J. Phillip Bragg. Mr. Bragg before the Board in support of his application stating that the festival would be held on May 4th from 8:00 to 12:00 P.H.. He stated that he felt he had complied with all the requirements of the County Ordinance. He described the parking facilities proposed for the festival and the provisions for security. Mr. Bragg stated that the music would consist of both hard and soft rock and would be rendered for no more than a four hour period. 334 Mr. Clinton Ritter appeared in opposition to the application stating that he was a property owner in the area and felt that such a festival would create a very serious traffic hazard. He stated that Route 600 was very crooked and must be traveled at a very slow rate of speed. He further stated that parking along this road would create a serious hazard and that the entrance to the property was very difficult to negotiate even if you are familiar with it. ' Several other homeowners in the area appeared before the Board in opposition to the application stating that such a festival encroached upon their privacy as homeowners. They objected to the noise, the traffic hazard, the type of people involved, and expressed concern for the ability of the applicant to adequately police such an affair. A homeowner in the area stated that last year such a festival was held in this area ' and the highway had been blocked and the crowd had become rather rowdy. She stated that the Sheriff's Department had been called to the scene in order to control the situation and restore order. Mr. Chip Johnson, Chairman of the Shenandoah Apple Blossom Festival, appeared before the Board in opposition to the application stating that the Shenandoah Apple Blossom Festival Committee had also scheduled a rock concert for May 4th at the Handley High School Gymnasium. He stated that the concert had been planned for the young people in the area and this festival would be in direct conflict with the one planned by the Festival Committee. Mr. Johnson stated that thee concert planned by the Committee would accomodate approximately 2,000 people and would be held under the auspices of the Festival Committee. Mr. Bragg stated that he felt his admission and parking plans had been so laid out as to insure no traffic hazard. He further stated that he felt his security staff would be quite ad- ' equate to handle the number of people involved and that he did not feel his concert would have an adverse effect on the one being presented by the Apple Blossom Festival Committee. Mr. Sandy asked Mr. Bragg if his security staff consisted of trained police officers. Mr. Bragg stated that his staff was composed of people approximately his own age and that his father would also be present. Mr. Sandy asked Sheriff Anderson if he could forsee any traffic problem in the area and Sheriff Anderson stated that last year such a festival had been held in the area and there had been a severe traffic problem.' Mr. Cole asked Mr. Bragg if law enforcement officers would be permitted on the property at any time and Mr. Bragg stated that they would be permitted at any time in accordance with the application. Mr. Ritter stated that several property owners had a right of way through this property and this right of way would be blocked to the people if this festival were allowed. ' Mr. Hodgson moved that the Application for Rock Festival of J. Phillip Bragg be denied. The motion died for lack of a second. After a lengthy delay, the Board was deadlocked and Chairman Sandy recessed the meeting until 5:00 P.M. ' The meeting was reconvened at 5:00 P.M. The Chairman called the meeting to order. PRESENT: Raymond C. Sandy, Chairman; Donald R. Hodgson; Dennis T. Cole; and Richard F. Madigan. Mr. Sandy asked Mr. Madigan if he had any questions concerning this application. Mr. Madigan stated that he fully understood the application add had no questions. 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 335 deny the Application for Rock Festival of J. Phillip Bragg for the following reasons: 1. The size of the proposed site (approximately five acres) is too small to provide for ample parking, access, and turnaround space for the number of persons and vehicles expected to be present. ' 2. The terrain is rolling and uneven, making parking of passenger vehicles difficult and possibly hazardous, especially in the event that heavy rainfall has made the ground soft and unstable. 3. Access to the proposed site from Route 600 is so located that a dangerous traffic situation will be created should a large number of vehicles enter or. leave Route 600 ' at this point, especially after dark. 4. The ability and the authority of people approximately seventeen years of age to control a gathering of people of the size contemplated and to control and confiscate alcoholic beverages and /or drugs is extremely doubtful. Law enforcement officers are a necessity at an event of this size and no provisions have been made with the Frederick County Sheriff or other law officer to perform this duty. 5. The timing of the proposed event will conflict with the Apple Blossom Festival. This will not only detract from the festival, but because of the timing, it will not permit local or state law enforcement officials to assist in traffic and crowd control since they will be heavily committed in and around the City of Winchester. 6. The proposed event will encroach upon homeowners in the area and restrict ready access to their property should traffic problems develop. ' By recorded vote with Raymond C. Sandy, Donald R. Hodgson, and Richard F. Madigan voting "Aye" and Dennis T. Cole "Abstaining" the above resolution was passed. Mr. Cole made the following statement regarding his abstention: "I must abstain from voting on this motion because the minutes covering this ordinance show no recorded vote, nor have these minutes been attested to. Therefore, according to my point of view, I do not think this is a valid ordinance." UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT BOARD OF SUPERVISORS DO NOW ADJOURN. 6egYetary, Board of Supervisors Chairman oard o£'Supe s At the Special Meeting of the Board of Supeivi -sors of the County rvi gf Frederick held in the Supervisors Board Room on the 24th day of April, 1973. PRESENT: Raymond C. Sandy, Chairman; Richard F. Madigan, Donald R. Hodgson, and Denis T. Cole. The Chairman called the meeting to order. Mr. Sandy stated that the meeting had been called to await a phone call from Richmond which would project the interest rate on the school bond issue and when this information is received the Board would decide whether or not to accept the.rate. Dr. Wright stated that there were nine school districts participating in this Bond Issue and if two or three of the districts turned the rate down the whole issue would fail. Mr. Renalds received the phone call from Richmond and reported to the meeting that the best bid received by the Virginia Public School Authority for the purchase of $15,220,000 of its bonds called for a net interest cost of 4.8377% and that the Authority has offered to purchase at a price of)par and accrued interest the $2,000,000 School Bonds, Series of 1973, of Frederick County at an interest rate of 4.9% per year, such interest of be payable on each June 15th and December 15th. Uoopamotion made by Richard F. Madigan and seconded by Donald R. Hodgson, 336 BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that the $2,000,000 School Bonds, Series of 1973, of Frederick County, the form and details of which have heretofore been prescribed by resolution adopted by this Board of April 11, 1973, be and the same are hereby sold to the Virginia Public School Authority and shall bear interest at the rate of 4.9% per: The above resolution was passed by the following roll call vote: Dennis T. Cole, Aye; Donald,R. Hodgson, Aye; Richard F. Madigan, Aye; and Raymond C. Sandy, Aye. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. ecre Board of Supervisors Chair , Board of'Supervis xjs At the Regular Meeting of the Board of Supervisors of --the County of. Frederick, Virginia, held in the Board of Supervisors Room on the 25th day of April, 1973. PRESENT: Raymond C. Sandy, Chairman; Donald R. Hodgson; Richard F. Madigan; and Dennis T. Cole. The meeting was called to order by Chairman Sandy. SUBDIVISIONS Fredericktowne Subdivision - Section II - Opeguon District - Approved Mr. Stephen Karnes appeared before the Board in support of this Subdivision and stated that there was a total of 45 acres involved in Section II and they were prepared to pay $4,500.00 for recreation. The Board advised Mr. Karnes that the rate was $100.00 per lot for recreation and Mr. Karnes stated he felt this would be acceptable to Fredericktowne. 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 Subdivision Plat of Section II of Fredericktowne Subdivision situated in Opequon Magisterial District containing forty -five acres. The above resolution was passed unanimously. Lakeside Estates - Drainage Easement - 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 revision of the drainage easement of Lots 15 and 16, Section D, Lakeside Estates for Earl C. Foreman. The above resolution was passed unanimously. Shawneeland Subdivision - Withdrawn: Mr. Joseph Massie appeared before the Board representing Shawneeland Subdivision. The plat was considered by the Board and after much discussion.Mr_� Massie withdrew the plat inasmuch as the Board stated that the subdivision would have to go before the Planning Commission for proper notice and review; it must bear the signature of Dr. Hatfield, Director of the Health Department; and a decision must be made on the recreational impact involved. RECREATION DEPARTMENT REQUESTS - APPROVED Mr. Bob Fletcher appeared before the Board and stated that a $1,000.00 donation had been received from the James Wood High School Kiwanis Key Club for construction of a shelter at Clear Brook Park. Mr. Fletcher requested this $1,000.00 donation be transferred to the Park Fund in order that this shelter might be built. 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 a supplemental appropriationto the Parke and Recreation Department in the amount of $1,000.00 for the construction of a shelter at the Clear Brook Park. 337 The above resolution was passed unanimously. Mr. Fletcher requested approval of $100.00 for a change fund for use at Clear Brook Park. i 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 a supplemental appropriation to the Parks and Recreation Department in the amount of $100.00 � for (the construction of a shelter at the Clear-.Bxrook_Park.-.- The above resolution was passed unanimously. DOG WARDEN - REPORT Mr. Harold Whitacre appeared before the Board and gave his monthly 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 approve the claim of Ralph Myers, Opequon Magisterial District, in the amount of $10.00 for one lamb killed on March 8, 1973, by stray dogs. The above resolution was passed unanimously. 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 deny the claim of Manual Semples in Stonewall Magisterial District for one lamb killed on March 14, 1973, by stray dogs inasmuch as there is no assessed value on Said lamb. The above resolution was passed unanimously. COUNTY FIRE COMPANIES AUTHORIZED TO PURCHASE SURPLUS GOODS FROM STATE OFFICE OF CIVIL DEFENSE ' Mr. Sandy stated that the County Fire Companies had requested that they be authorized to purchase surplus goods from the State Office of Civil Defense. 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 that Fire Companies located within Frederick County are hereby authorized to apply for and receive surplus and excess property from the State Office of Civil Defense. The above resolution was passed unanimously. REQUEST TO OMIT SPRINKLER SYSTEMS IN TWO NEW SCHOOLS - APPROVED Mr. Blair Webber, Building Inspector, appeared before the Board with a request from Dr. Melton Wright to omit the sprinkler systems from the new schools to be built in Stephens City and Apple Pie Ridge. Mr. Webber stated that he felt the sprinkler systems were not necessary for the reasons that the cost is prohibitive; there is a tendency for vandals to set systems off; the kitchen will have adequate protection over the range; and that Mr. Wade of the Fire Marshall's Office had stated that in an area where there is a danger of fire, there would be alarm systems. There was discussion as to how close the nearest fire company was to the new school on Apple Pie Ridge and the conclusion was reached that the distance would be approximately three miles. Mr. Hodgson stated that he did not feel the systems were necessary. Mr. Sandy stated that he did not feel the systems were a deterent to the safetq of the children but were a deterent to the protection of property and materials. 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 inasmuch as the possibility exists that the sprinkler system's operation would cause water to come down 338 upon the children and-tend to-excite them, therefore causing confusion in evacuation of the children, Mr. Blaft Webber is hereby authorized to issue the building permits for the two new schools at Stephens City and Apple Pie Ridge with the omission of the sprinkler systems. By recorded Tote with Raymond C. Sandy, Richard F. Madigan, and Donald R. Hodgson all voting "Aye" and Dennis T. Cole voting "Nay ", stating that the Building Code that this ' Board adopted requires sprinkler systems, the above resolution was passed. ORDINANCE FOR INDEMNIFICATION COVERAGE FOR FIREMEN LAW ENFORCEMENT OFFICERS AND RESCUE SQUAD MEMBERS FIRST AND SECOND READING - 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 on first and second reading the following ordinance: AN ORDINANCE TO PROVIDE INDEMNIFICATION COVERAGE FOR FIREMEN, LAW ENF OFFICERS AND RESCUE SQUAD MEMBERS WHO LOSE THEIR LIVES IN THE LINE OF DUTY By recorded vote with Raymond C. Sandy, Richard F. Madigan, Donald R. Hodgson, and Dennis T. Cole all voting "Aye" the above resolution was passed unanimously. ORDINANCE TO INCREASE THE SALARY OF THE . JUDGE OP THE CIRCUIT COURT 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 on first and second reading the following ordinance: AN ORDINANCE TO INCREASE BY LOCAL SUPPLEMENT THE SALARY OF THE JUDGE ' OF THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT. ^ By recorded vote with Raymond C. Sandy, Richard F. Madigan, Donald R. Hodgson and Dennis T. Cole all voting "Aye" the above resolution was passed unanimously&' ORDINANCE TO INCREASE THE SALARY OF THE JUDGE OF THE COUNTY COURT 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 on first and second reading the following ordinance: 4N ORDINANCE TO INCREASE BY LOCAL SUPPLEMENT THE SALARY OF THE JUDGE OF THE COUNTY COURT OF FREDERICK COUNTY, VIRGINIA. By recorded vote with Raymond C. Sandy, Richard F. Madigan, Donald R. Hodgson and Dennis T. Cole all voting "Aye" the above resolution was passed unanimously. REZONINGS N ' A Public Hearing was held on the eezoning application of Elwood M. Wolfe. Mr. Wolfe Y u „ appeared before the Board in support of his application and stated that the property would be used for a plate glass shop. 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 rezoning application of Elwood M. Wolfe to rezone approximately 2.00 acres, situated in Opequon Magisterial District, from A -2 to M -1. The above resolution was passed unanimously. MOBILE HOME PERMITS Mobile Home Permits - Approved Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, 339 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the following trailer permits: 1. Robert W. Fletcher - Rt. 656 - Shawnee District. 2. William R. Brill - Rt. 671 - Gaineeboro District The above resolution was passed unanimously. Mobile Home Permits - Zoning Problems - Tabled Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein table the following trailer permits until the next regularly scheduled meeting in order that Supervisor Russell might have.an opportunity to review them: 1. Lary J. Stotler - Rt..127 - Gainesboro District Zoned A -1 2. Gilbert Puffenberger - Rt..522 N. - Gainesboro District Zoned A -1 3. Loring W. McKee - Rt. 752 - Gainesboro District - Zoned A -1 4. Robert Wayne Kerns - Rt. 692 - Gainesboro District - Zoned A -1. The above resolution was passed unanimously. 'I FRED STINE. REQUEST FOR EXTENSION OF ROUTE 1322 Mr. Renalds stated that this request was for a new street to be added to the secondary system. Mr. Renalds recommended that a letter of intent be sent to Mr. Stine stating that this Board would request the Highway Department to take over this street at such time as it is built to the then current Highway Department standards. Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein direct the County Administrator to send a letter of intent to Mr. I. Fred Stine stating that this Board would request the Virginia Department of Highways to accept the Route 1322 extension into the State Secondary System at such time as the road is built to the then current Highway Department standards providing Mr. Stine meets the Highway Department standards regarding mainten- ance payments as set forth in Highway Department policy. The above resolution was passed unanimously. COVER MATERIAL TO BE PLACED ON LANDFILL - APPROVED Mr. Donald Hodgson stated that bids had been sent out on the project to place cover material on the Landfill. He recommended that the low bid of Perry Engineering be accepted and that the County Administrator be authorized to contract with Perry Engineering for this work. 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 designate the County Administrator to act as its agent to enter into a contract with Perry Engineering Company, Inc. for the placement of approximately 27,000 cubic yards of cover material on the Sanitary Landfill at a lump sum of Fifteen Thousand Three Hundred and Ninety Dollars ($15,390.00). The above resolution was passed unanimously. REZONING - KENNETH E. MOWERY - APPROVED A Public Heating was held on the rezoning application of Kenneth E. Mowery. The proposed use of the property is for the construction of townehouses. 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 rezoning application of Kenneth E. Mowery to rezone approximately 2.65 acres situated in Opequon Magisterial District from A -1 to R -2. The above resolution was passed unanimously. 340 RON BERG INTRODUCED TO BOARD Mr. Renalds introduced Mr. Ron Berg, the new County Planner, to the Board. Mr. Sandy welcomed Mr. Berg to Frederick County. REZONING APPLICATION - FRANK LEO ARNOLD - APPROVED Mr. Sandy presented the application of Frank Leo Arnold for rezoning. There was no , opposition to this rezoning. 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 rezoning application of Frank Leo Arnold to rezone approximately 1.158 acres of land situated in Back Creek Magisterial District from A -2 to B -2. ' The above resolution was passed unanimously. The Board recessed for fifteen minutes. The meeting was called to order by Chairman Sandy. REZONING APPLICATION - RALPH M. WAKEMAN - APPROVED Mr. Wakeman and Mr. James Nicely appeared before the Board and presented Mr. Wakeman's application for rezoning. Mr. Wakeman explained his plans for developing the area. There was no opposition to this rezoning. Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the application of Ralph M. Wakeman to rezone approximately 331.5 acres situated in Opequon Magisterial District from A -2 to R -2. The above resolution was passed unanimously; ' DOG CONTROL ORDINANCE - THIRD AND FINAL READING - APPROVED A Public Hearing was held at 9:00'Iji. on the-proposed Dog Control Ordinance for Frederick County. Mr. Madigan read the ordinance in full. Mr. Whitacre appeared before the Board and explained the procedures to be followed in enforcing the ordinance. There was opposition from the floor as to how Mr. Whitacre would be able to identify the dog if he did not pick it up. Mr. Whitacre stated that he did not feel this would be a problem as most people know their own dog and those belonging tb their neighbors. He stated that it would not be feasible to pick up all the dogs he received a complaint on. Several citizens expressed thetr support of the ordinance stating that the people in the County needed some sort of protection for their livestock. Mrs. Dorothy Vargo questioned the legality of the ordinance because she felt it was in conflict with the Virginia Code. Mr. Ambrogi stated that he did not feel the ordinance was illegal but felt it was in compliance with the Code. , 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 on third and final reading the following ordinance: AN ORDINANCE PROVIDING FOR THE CONTROL OF DOGS RUNNING AT LARGE IN THE COUNTY OF ' FREDERICK, VIRGINIA Be it ordained pursuant to authorization granted to the County under Section 29 -194 of the Code of Virginia of 1950, as amended, it shall be unlawful for any person to permit his or her dog to run at large as hereinafter defined. For the purpose of this ordinance a dog shall be deemed to run at large while roaming, running, or self - junting off the property of its owner or custodian and not under its owner's or custodian's immediate control. It shall be the duty of the dog warden to enforce the provisions of this ordinance, and any person who after having been notified by any landowner, dog warden or other officer of the law that his or her dog is running at large, permits ' said dog to run at large thereafter, shall be deemed to have violated the provisions of this ordinance, and shall be liable to a fine not less than Five ($5.00 ) or more than Twenty -Five (425.00) Dollars for each violation thereof. 341 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye; and Dennis T. Cole, Aye. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS D NOW ADJOURN ' Betvletary, Boara or upervisors Cha irman Bbard of Supervisors// At the regular meeting of the Board of Supervisors of the County of Frederick held on the 9th day of May, 1973 in the Supervisors' Room. vv PRESENT: Raymond C. Sand Chairman; J. Robert Russell, Vice Chairman; Richard F. Madigan; Donald R. Hodgson; and Dennis T. Cole. I The Chairman called the meeting to order. eimnT in Russell Is paradise Subdivision - Approved: Mr. Ben Butler and Mr. Russell appeared before the Board in support of the subdivision plat of Russell's Paradise consisting of 62 lots. Mr. Cole asked Mr. Russell if he was prepared to pay $100.00 per lot for recreation and Mr. Russell stated that he was. There was no opposition to this subdivision plat. 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 Subdivision Plat of Russell's Paradise Subdivision located in Stonewall Magisterial District, subject to a fee of $100.00 per lot being paid for recreation. ' - The above resolution was passed unanimously. Wakeland Manor Subdivision - Approved Mr. Ralph Wakeman and Mr. James Knicely appeared before the Board in support of the subdivision plat of Wakeland Manor consisting of 24 lots. Mr. Knicely stated that' the plat had not been signed by the Highway Department but that he had talked with the Highway Department in Staunton and had been assured that there was no problem with the plat and it would be signed. There was discussion concerning the recreation facilities for the subdivision with Mr. Wakeman agreeing to pay $100.00 per lot for recreation. There was no opposition to this subdivision plat. 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 subdivision plat of Wakeland Manor consisting of 24 lots subject to the Highway Department approval and further subject to a fee of $100.00 per lot being paid for recreation. ' The above resolution was passed unanimously. Shawneeland Subdivision - Withdrawn The plat of Shawneeland Subdivision was withdrawn. However, Mr. Eugene Gunter appeared before the Board stating that he represented a property owner in Shawneeland and would like to I address the Board. Mr. Gunter stated that he represented Mr. Jack Hoover and it was his understanding that the plat of Shawneeland was seeking approval on a blanket basis for health department approval which would leave each individual lot to be approved upoq_application,for a building permit. He stated that Mr. Hoover had purchased Lot No. 151-in-Shawneeland in 1969 and was given the guarantee that if this lot did not meet health specifications, he would be given another lot of like kind and quality. However, when Mr. Hoover sought to build on the property it would not meet the health requirements and after much discussion he was given Lot 58 on Aspen Trail in trade for Lot 151. Mr. Hoover then was informed that Lot 58 had been sold and was not available. Marjec 342 now offers to sell Mr. Hoover something like a lot for $10,000.00 and give him credit for the amount he paid for his lot in 1969. Mr. Gunter stated that Marjec is the biggest delinquent taxpayer on the rolls of Frederick County. Mr. Gunter said that he did not believe this Board is performing an act which is to the benefit of Frederick County and to most of its residents and taxpayers and particularly to the prospective buyers of lots in Shawneeland, when it approves , these sub - divisions in this sort of carte blanc fashion. He stated that if Marjec is not going to stand behind their warranty and guarantee that the older members of the Board had heard them make time and time again, he did not feel the Board should approve these sub - divisions. Mr. Gunter stated that this guarantee was not being carried out and for this Board to approve another subdivision of some 120 lots where this same thing could take place over and over ' again as it did with Mr. Hoover would be a miscarriage of justice. Mr. Gunter said that he would ask this Board to consider very carefully approving such a subdivision under these circumstances. He stated that he felt this Board should be a sounding board for the grievances of the people of the county and when Shawneeland presented another plat to be approved on the same basis as the plat where this miscarriage of justice took place, someone should speak in opposition and he did. Mr. Sandy thanked Mr. Gunter for appearing before the Board. AMENDMENT TO RESOLUTION ON SUBDIVISION PROCEDURE - 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 henceforth all subdivision plats to be considered by this Board first be referred to the County Planning Commission. The above resolution was passed unanimously. , RESIGNATION OF CHARLES E. BASS - ACCEPTED Mr. Renalds read the following fetter of resignation from Mr. Charles E. Bass. Dear Mr. Sandy: I submit, herewith, my resignation as Subdivision Administrator for Frederick County effective May 9, 1972. I appreciate the opportunity I have had to work with Frederick County Officials, subdivision developers and others in this work for several years. I shad be glad to confer with the new administrator in any way to make the transfer orderly and with minimum inconvenience to all concerned. I shall attend your regular meeting on May 9 in case anyone has a question regarding this matter. With kindest regards, Very truly yours, /s/ Charles E. Bass Mr. Sandy extended the appreciation of the Board for the many yearsof service given by Mr. Bass as Subdivision Administrator for Frederick County. The Board directed Mr. Renalds to ' write a letter of appreciation to Mr. Base, this letter to be incorporated in the minutes of this meeting. 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 ' accept the resignation of Charles E. Bess as Subdivision Administrator of Frederick County, and, BE IT FURTHER RESOLVED, That the following letter of'appreciation be sent to Mr. -Bass: Dear Mr. Bass: On belfalf of the Frederick County Board of Supervisors, the citizens of Frederick County, and myself, I would like to take this opportunity to thank you for your unselfish service as Subdivision Administrator for the County. The many hours spent and your dedication 343 to this position are sincerely appreciated and will be remembered by all of those who have had the pleasure of working with you. Frederick County is indeed fortunate to have a man of your calibre and public devotion as a citizen and it is people like you who make Frederick County the progressive community it is today. If we can ever be of any assistance to you, please do not hesitate to call upon us. Sincerely, /s/ J. 0. Renalds, III County Administrator The above resolution was passed unanimously. APPOINTMENE - SUBDIVISION ADMINISTRATOR - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of the County oflFrederick, Virginia, that J. 0. Renalds, III, County Administrator is hereby appointed Subdivision Administrator, and Don E. Kreuger, County Engineer and Ronald Berg, County Planner are hereby appointed Deputy Subdivision Administrators effective this date, May 9, 1973. The above resolution was passed unanimously. REAPPOINTMENT - JAMES W. GOLLADAY, SR. TO PLANNING COMMISSION - 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 reappoint James W. Golladay, Sr. to the Frederick County Planning Commission for a term of four years. The above resolution was passed unanimously. RECOMMENDATIONS FROM TIE PLANNING COMISSION TO BOARD OF SUPERVISORS - APPROVED Mr. Madigan read several recommendations to the Board of Supervisors from the Planning Commission. 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 and approve the following recommendations made to this Board from the Planning Commission: 1. The Planning Commission recommends that Mr. Ron Berg, The New Planner, be appointed Secretary to the Planning Commission. (Mr. Riley was appointed Secretary on an interim basis until the County Planner arrived). Therefore, Mr. Riley tendered his resignation as Secretary to the Planning Commission. 2: The Planning Commission recommends-that the Subdivision Ordinance be revised by the County Staff for submission to the Planning Commission and the Board of Supervisors. 3. The Planning Commission recommends that the Zoning Ordinance and Land Use.Plan be revised and developed by the County Staff for submission to the Planning Commission and the Board of Supervisors. 4. The Planning Commission recommends that the County Administrator serve as a Non - Voting Member of the Planning Commission. AND BE•IT FURTHER RESOLVED, that the following policies regarding land subdivision, as recommended by the Planning Commission, be adopted as modified: SUBDIVISION POLICIES of .land: The following sequence of events and policies are to be followed in the subdivision 344 1. Confer with agencies that must approve the plat: Frederick County Subdivision Administrator Virginia Department of Highways Frederick County Sanitation Authority Frederick County Health Department , Frederick County Recreation Department 2. Submit five (5) copies of preliminary Plat. Also submit five (5) copies of a Master Plan if additional sections are to be subdivided. All additional sections must be in accordance with the Master Plan unless a revised Master Plan is submitted and approved. Submit five (5) copies, Preliminary Plat and Master Plan if applicable to Subdivision Ad- ministrator. Preliminary Plat and Master Plan must be in accordance with Frederick County Subdivision Ordinance, and must be received ten (10) days prior to next scheduled l Planning Commission Meeting for consideration at that Meeting. 3. Planning Commission considers Preliminary Plat and makes recommendation to Board of Supervisors. Owner or representative for land to be subdivided should be present at Planning Commission Meeting and Board of Supervisors meeting. 4. Board of Supervisors considers Preliminary Plat. Board advises subdivider in writing within a maximum of forty -five (45) days as to action taken, required changes and /or improvements. 5. Subdivider prepares detailed construction plans for submission to appropriate agencies listed in paragraph 1 of these guidelines. 6. Final Plat in five (5) copies, is submitted to Subdivision Administrator along with approved construction plans approved by the agencies listed in paragraph 1 as applicable. Final Plat must be received by the Subdivision Administrator within six (6) months of preliminary plat approval by the Board of Supervisors, and at least ten (10) days prior to the next scheduled Planning Commission Meeting for consideration at that meeting. 7. Planning Commission considers Final Plat and submits recommendation to Board of Supervisors. 8. Plats will not be placed on Board agenda for action until final written approval is received from reviewing agencies. 9. Board of Supervisors acts on Final Plat. 10. If approved by the Board of Supervisors, the Final Plat will be signed by the County Administrator upon receipt of an adequate performance bond or a certified check executed in favor of Frederick County, guaranteeing that roads, utilities, and other improvements will be completed within two (2) years, and upon verification that all required easements have been recorded. The Final Plat may not be recorded until this procedure is accomplis 11. The Final Plat must be recorded within six (6) months of the date of approval by the Board of Supervisors. 12. Proceed with construction. 13. Upon completion of construction, the applicant may request that eighty (s0) per cent of the bond be released. This request must be accompanied by: (a). Approval from Highway Department of street construction. (b). Approval from the appropriate agency on water and sewer construction. (c). Certification by an engineer or surveyor that storm drainage facilities have been completed in accordance with approved plans. (d). One set of reproducible as-built water, sewer, and storm drainage plans. I 14. Upon meeting all requirements of the Highway Department, the applicant shall make a 345 request to the Board of Supervisors to have the streets taken into the Secondary Highway Systems (exception is recreational subdivisions - Article IV, Paragraph 4 (a) of Frederick County Subdivision Ordinance). Applicants should be aware that they must maintain streets and storm drainage at their expense in any interim period from time of completion to acceptance into Virginia Department of Highways System. Sewer and water to be maintained for one (1) year after acceptance. L 15. Upon notification from the Highway Department that the streets have been taken into the Secondary Highway System, the final bond will be released. The above resolution was passed unanimously. ACCOUNTS PAYABLE - APPROVED Mr. Boyd presented the accounts payable for the month of April. Accounts totaling $32,049.85 were reed and approved and ordered to be paid from the General County Fund by Warrants 802786 to $02922 and accounts totaling $1,528.80 for Parks and Recreation Fund by Warrants 8352. The accounts payable were approved upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan. APRIL PAYROLL - APPROVED Payrolls totaling $32,615.32, paid from the General County Fund by Warrants 802724 to 802785, and payrolls totaling 42,840.99 for Parks and Recreation, paid from the Parks and Recreation Fund by Warrants 8299 to 8310, were read and approved upon motion made by Dennis T. Cole and seconded by J. Robert Russell. Mr. Maccubbin appeared before the Board and presented a brief report on the fire which had taken place at the Landfill. Mr. Sandy thanked each of the fire companies who had responded to the alarm for their assistance during this fire. Mr..Renalds stated that letters of appreciation had been sent to each of these companies. Mr. Sandy stated that he would like to extend the appreciation -of the Board to the Winchester Volunteer Rescue Squad and the County Citiien's Band Radio Club for their assistance at the fire. DEPARTMENT OF PARKS AND RECREATION VEHICLE BID OPENING Mr. Bob Fletcher appeared before the Board and described the type of tractor the Recreation Department was receiving bids on and what it would be used for. Thereupon, Mr. Sandy opened and read the following bids: Mid Atlantic Equipment Company Meeting specifications ---------------------- $6,045.00 Shade Equipment Company Meeting specification ----------------------- $6,223.80 Oak Grove Sanitation Company Deleting the cultivator and post hole digger --------------------------- $5,390.00 Mr. Fletcher reviewed the bids and recommended to the Board that the bid from Mid Atlantic Equipment Company be acceptad. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein accept the low bid of Mid Atlantic Equipment Company on a tractor for use at Clear Brook Park and the Recreation Department and does herein authoii.ze the purchase of said tractor from Mid Atlantic Equipment Company. The above resolution was passed unanimously. UNISIL CORPORATION REPRESENTATIVE 346 Mr. Frank Powers appeared before the Board representing Unisil Corporation at Gore and gave a brief report on the Unisil operation at Gore both at•their present plant and their new' facility which is currently under construction and will be complete in the fall. He stated that when the new plant goes into operation the problem of pollution will be virtually eliminated. Mr. Powers stated that Unisil was very interested in being a good neighbor in the community and was willing to cooperate fully with the County in maintaining a good relationship. Mrs. Martin, owner and operator of Camp Sheemar, appeared before the Board and stated that her home:.is located right on Back Creek and that in the last few years the creek has become quite cloudy. She stated that she felt the matter should be looked into carefully by the Board. Mr. Cole stated that the main concern of the Board was the pollution in the Creek. He stated that the Board had received a complaint from the Conservation Club concer this pollution and asked what provisions Unisil was making to remedy this situation. Mr. Powers stated that the plant is cleaning their filtering process more frequently at their present operation and the new operation would virtually el any run off. He further stated that because of the heavy rains the run off in the streams had been quite noticeable even above the plant. Mr. Sandy thanked Mr. Powers for appearing before the Board and stated that he hoped everyone would work together to solve the problems in this area. HIGHWAY DEPARTMENT REPORT - MR. KING Mr. King appeared before the Board and presented his monthly report. Mr. King stated that in the construction of Routes 17 and 50, it was necessary to,rebuild a section of Rt. 645 on Bufflick Road. He requested adoption of a resolution approving this construction. Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, WHEREAS, Primary Route 17, from 2.667 mi. West Clarke County Line to 0.227 miles East of Intersection of Route 340, a distance of 2.64 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, a new connection to Route 645 was constructed, this being shown on the attached sketch title, "Changes in Secondary System Due to Relocation and Construction on Route 17, Project G017 -034 -101, C501 dated at Richmond, Virginia March 22, 1973." NOW, THEREFORE, BE IT RESOLVED: That the portions of Secondary Route 645, i.e., Section 2, shown in red on the sketch titled, "Changes in Secondary System Due to Relocation and Con- struction on Route 17, Project 0017 -034 -101, C501, dated at Richmond, Virginia March 22, 1973, a total distance of .12 miles be, and hereby is, added to the Secondary System of State Highways, pursuant to Section 33.1 -2.29 of the Code of Virginia 1950, as amended; AND FURTHER, that the sections of old location, i.e., Section 1, shown in blue on the aforementioned sketch, a total distance of .12 miles, be, and the same hereby is, abandoned as a public road, pursuant to Section 33.1 -155 of the Code of Virginia of 1950, as amended; AND FUR71ER, that the aforementioned sketch is on file in the Office of the County Administrator for review. The above resolution was passed unanim ously. Mr. King then presented a request for abandonment of approximately 800 linear feet of right -of -way on Route No. 837. 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 that this Board proceed in accordance with Section 33.151 of the Code of Virginia for the abandonment of approxi- mately 800 linear feet of right of way on Route No..837. The above resolution was passed unanim ously. 347 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 that the following tax refunds be approved in accordance with the recommendations of the Commissioner of Revenue: The Board reviewed the report of the Road Viewers and discussed the priorities set forth. 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 accept and approve the report of the Frederick County Road Viewers for 1973 as submitted. The above resolution was passed unanim ously. RESOLUTION REQUESTING EXTENSION FOR TRANSITION TO STATE BUILDING CEDE 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, that the Board of State Building Code.Reeview of the Commonwealth of Virginia is hereby requested to grant to the County of Frederick, Virginia a two year extension for transition to the State Building Code. The above resolution was passed unanimously. RECYCLING AND RECLAMATICN RESOLUTION - 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 hereby express its interest and desire to support the concept of recycling and reclamation on a joint basis with Clarke County and The City of Winchester and does hereby express its intent to deliver its solid waste to and encourage its citizens, industries, and commercial establish ments to utilize a proposed recycling center, when available, subject to a mutually agreeable contract. The Board endorses this concept in further improving the joint disposal and reclama- tion of solid waste for their citizens. The above resolution was passed unanimously. GROUP LIFE INSURANCE PROGRAM FOR COUNTY EMPLOYEES - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, ' BE IT RESCLVED, That the Board of Supervisors of Frederick County, Virginia does hereby elect to 4bave the employees and officers of the County, who are regularly employed full time, on a salary basis and whose tenure is not restricted as to temporary or provisional appointment, to participate in a group like insurance program effective July 1, 1973; and, BE IT FURTHER RESOLVED, Upon recommendation from the Finance Committee that J. V. Arthur, Incorporated, be awarded the contract to provide coverage for the County Employees as specified above at a cost to the County of 42¢ per thousand per month; and, BE IT FURTHER RESOLVED, That the County Administrator is hereby authorized to execute the necessary contract or forms required to enroll the County Employees under said program. The above resolution was passed unaniously. 1. Clarence H. and Irene H. Wolfrey - $ 240.31 ' Taxes erroneously paid. 2. Henry Roberts - $ 40.80 - Taxes erroneously paid. 3. Mr. and Mrs. Leroy Holdsworth - $ 20.00 Reimbursement for County Sticker. 4. Mr. Frank T. Hudson - $10.00 ' Reimbursement for County Sticker. The above resolution was passed unanimously. ROAD VIEWERISRREPORT - APPROVED The Board reviewed the report of the Road Viewers and discussed the priorities set forth. 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 accept and approve the report of the Frederick County Road Viewers for 1973 as submitted. The above resolution was passed unanim ously. RESOLUTION REQUESTING EXTENSION FOR TRANSITION TO STATE BUILDING CEDE 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, that the Board of State Building Code.Reeview of the Commonwealth of Virginia is hereby requested to grant to the County of Frederick, Virginia a two year extension for transition to the State Building Code. The above resolution was passed unanimously. RECYCLING AND RECLAMATICN RESOLUTION - 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 hereby express its interest and desire to support the concept of recycling and reclamation on a joint basis with Clarke County and The City of Winchester and does hereby express its intent to deliver its solid waste to and encourage its citizens, industries, and commercial establish ments to utilize a proposed recycling center, when available, subject to a mutually agreeable contract. The Board endorses this concept in further improving the joint disposal and reclama- tion of solid waste for their citizens. The above resolution was passed unanimously. GROUP LIFE INSURANCE PROGRAM FOR COUNTY EMPLOYEES - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, ' BE IT RESCLVED, That the Board of Supervisors of Frederick County, Virginia does hereby elect to 4bave the employees and officers of the County, who are regularly employed full time, on a salary basis and whose tenure is not restricted as to temporary or provisional appointment, to participate in a group like insurance program effective July 1, 1973; and, BE IT FURTHER RESOLVED, Upon recommendation from the Finance Committee that J. V. Arthur, Incorporated, be awarded the contract to provide coverage for the County Employees as specified above at a cost to the County of 42¢ per thousand per month; and, BE IT FURTHER RESOLVED, That the County Administrator is hereby authorized to execute the necessary contract or forms required to enroll the County Employees under said program. The above resolution was passed unaniously. go DOG WARDEN REPORT Mr. Harold Whitacre appeared before the Board and presented his monthly report and two claims for livestock kills. 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 claims for livestock kills: 1. Fred Gore - Opequon District - 2 ewes ® $10.00 each 2. Clay R. Russell - Stonewall District - 3 laying hens ® $ 2.00 each. The above resolution was passed unanim ously. ORDINANCE FOR INDEMNIFICATION COVERAGE FOR FIREMEN , LAW ENFORCE= OFFICERS AND RESCUE SQUAD MEMBERS THIRD AND FINAL READING - APPROVED At 9:00 P.M. a Public Hearing was held on the following ordinance. There was no opposition. Upon notion 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 appove, on third and final reading, the following ordinance: AN ORDINANCE TO PROVIDE INDEMNIFICATION COVERAGE FOR FIREMEN, LAW ENFCRCEME14T OFFICERS AND RESCUE SQUAA MEMBERS WHO LOSE THEIR LIVES IN THE LINE OF DUTY. BE IT ORDAINED, By the Board of Supervisors of Frederick County, Virginia: Section 1. - Pursuant to authority contained in Code of Virginia (1950) Sections 15.1 -136.1 through 15.1 -136.7 the following provisions are set forth. ' Section 2. - The following organizations are hereby recognized as an integral part of the official safety program of Frederick County, Virginia, entitling their members to indemnification under the Code of Virginia as specified in Section 1 of this Ordinance: Frederick County Sheriff's Department Clearbrook Fire Company Gainesboro Fire Company Greenwood Fire Company Gore Fire Company Middletown Fire Company Ro nndhill Fire Company Stephens City Fire Company Star Tannery Fire Company Shawnee Fire Company Mt. Falls Fire Company Winchester Volunteer Rescue Squad Section 3. - Should any section or provision of this Ordinance be decided to be invalid or unconstitutional, such decision shall not affect the validity of constitutionality of any other section and provision of this ordinance. , Section 4. - This ordinance shall be in full force and effect upon its adoption and enactment by the Board of Supervisors of Frederick County, Virginia. The above resolution was passed unanimously by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aare; Richard F. Madigan, Aye; ' and Dennis T. Cole, Aye. ORDINANCE TO INCREASE SALARY OF THE JUDGE OF !KE CIRCUIT COURT THIRD AND FINAL READING - APPROVED At 9:15 P.M. a Public Hearing was held on the following ordinance. There was no opposition. Upcn motion made by Richard F. Madigan and seconded by Dennis T. Cole, 349 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve, on third and final reading, the following ordinance; AN ORDINANCE TO INCREASE BY LOCAL SUPI THE .3ALPM OF THE JUDGE OF THE CIRCUIT COURT OF THE 1717, JUDICIAL CIRCUIT I BE IT CRDAINED, By the Board of Supervisors of the County of Frederick, Virginia. MCBILE HOPE PERMITS ' Mobile HomefPermits Recommended for Approval: 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 following mobile home permits: 1. Brenda McCleese - Rt. 611 - Opequon District. 2. C. W. Good - Rt. 671 - Stonewall District. The above resolution was passed unaiiim onsly. Section 1. - Pursuant to authority granted in Section 11.1 -38 of the Code of Virginia (1950) as amended, th6 following provisions are herein set forth. Section 2. - The salary of the Judge of the Circuit Court of the 17th Judicial Circuit shall be supplemented on an annual basis in an amount to be set by the Board of Supervisors to ' be paid out of the General Fund of Frederick County. Section,3: ;,,This amount shall not be diminished during the term of the office of the Circuit Court Judge then presiding. Section 4. - Should any section or provision of this ordinance be declared invalid or unconstitutional, such decision shall not.affect the validity or constitutionality of any other section and provision of this ordinance. Section 5. - This ordinance shall be in full force and effect upon its adoption and enactment by the Board of Supervisors of Frederick County, Virginia. The above reeolution was gassed unanimously by the following recorded vote: Raymond C.Sandy , Aye; J. Robert Russell, P,gie; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Aye. BUILDING INSPECTCR•- REPORT ' Building „Permits Issued 76 Amounts of Permits Issued $1,685,381.96 Fees from Permits Issued $ 3,9011.03 Building Code Manuals Sold $ 2.00 Inspections Made 110 New Dwellings 49 Additions ;5 Garages 3 Vacation Homes 8 Office Warehouse 1 Storage Building .;'J. Remodel 2 Aluminum Siding 1 Supplement td Permit 1 Farm Shed 1 Accessory Building 1 Barns 1 Foundation (Zayre's) 1 Patio 1 RECOMMENIDATION FOR APPOINTMENTS TO BafRD OF BUILDING APPEALS - TAKEN UNDER ADVISEMENT The Board reviewed the recommendations for appointment to the Board of Building Appeals. After due consideration, the Board decided to take these recommendations under advisement for thirty days. MCBILE HOPE PERMITS ' Mobile HomefPermits Recommended for Approval: 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 following mobile home permits: 1. Brenda McCleese - Rt. 611 - Opequon District. 2. C. W. Good - Rt. 671 - Stonewall District. The above resolution was passed unaiiim onsly. 350 Mobile Home Permits - Zoning Problems - Approved Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the following mobile home permits: 1. Larry J. Stotler - Rt. 127 - Gainesboro District 2. Gilbert Puf£enberger - Rt. 522 N. - Gainesboro District 3. Loring W. McKee - Rt. 752 - Gainesboro District 4. Robert Wayne Kerns - Rt. 692 - Gainesboro District 5. Herbert Wells - The Knolls Trailer Park - Lot 5 - Section 1 - Gainesboro District 6. D. J. Hall - The Knolls Trailer Park - Gainesboro District The above resolution was passed unanimously. Mobile Home Permits - Denied Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein derW the following mobile home permit inasmuch as it was disapproved by the Health Department: 1. Kenneth Herron - Rt. 645 - Shawnee District. The above resolution was passed unanimously. Mobile Home Permits Tabled 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 Fmderick does herein table the mobile home permit of Smith Marshall Pugh until the next regularly scheduled meeting. The above resolution was passed unanimously. ORDINANCE TO INCREASE SALARY DF.THE JUDGE OF THE COUNTY COURT At 9:30 P.M. a Public Hearing was held on the following ordinance. There was no opposition. 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 hoes herein approve, on third and final reading, the following ordinance: AN GRDIbA NCE TO INCREASE BY LOCAL SUPPLEMENT THE SALARY OF THE JUDGE OF THE COUNTY COURT OF FREDERICK COUNTY, VIRGINIA. BE IT ORDAINED, By the Board of Supervisors of the County of Frederick, Virginia. Section 1. - Pursuant tb. authority granted in Section 14.1 -38 of the Code of Virginia (1950) as amended, the following provisions are herein set forth. Section 2. - The salary of the Judge of the County Court of Frederick County, Virginia shall be supplemented on an annual basis in an amount to be set by the Board of Supervisors to be paid out of the General Fund of Frederick County. Section 3. - This amount shall not be (t3lmini &hed °during; the term of office of County Court Judge then presiding. Section 4. - Should any section or provision of this ordinance be declared invalid or unconstitutional, such decision shall not affect the validity or constitutional of any other section and provision of this ordinance. Section 5. - This ordinance shall be in full force and,.effect upon its adoption and enactment by the Board of Supervisors of Frederick County, Virginia. 351 The above resolution was passed unanimously by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Aye. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT-THE BOARD OF SUPERVISORS DO NOW ADJOURN. ' Sec , i3o arci of bupervi.sors Gia rrmani oar o uperviso At the Regular meeting a the Board of Supervisors of the County of FredZi Virginia, held on the 23rd day of May, 1973, in the Frederick County Court House, said meeting being designated the Annual Budget Hearing for Frederick County. ' PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Donald R. Hodgson; Richard F. Madigan; and Dennis T. Cole. The Chairman called the meeting to order. Mr. Sandy welcomed the people to the meeting and thanked them for their interest in the County. The Chairman explained the proc6&res followed in preparing this year's Budget and stated that many long hours had gone into its preparation. Mr. Sandy presented Mr. Madigan, Chairman of the Finance Committee. Mr. Madigan thanked the County Sfi�aff for their cooperation and hard work in preparing the Budget. He stated that within the last decade ;tha problems of the County have become vast and more complex and the County must work to solve them. Be stated that ow--rapid expansion demanded more services and the County must provide them. With the aid of two charts, one showing revenue and one showing expenditures, Mr. Madigan ' presented a summary of the 1973 -74 Budget pointing out the various percentages in each category. Mr. Madigan then presented the proposed tax rate increase and stated this increase was necessary in order to move Frederick County forward in the areas of education, police protection, water and sewer, recreation and solid waste control. Mr. Sandy thanked Mr. Madigan for his presentation of the Budget. The Ch airman stated that the schools of Frederick County receive 71.45% of the total budget this year. He then introduced Dr. Wright, Superintendent of Schools. Dr. Wright expressed the appreciation of the School Board to the Board of Supervisors for their cooperation in the preparation of this year's Budget and in the operation of the schools. He stated that the students in the Frederick County Public School System are competing with the best schools in the Commonwealth of Virginia and we are in the Triple A school participation. We have students from Frederick County in some of the finest schools in the country. We have a very high holding power with the students that we send to college staying in college and graduating. Dr. Wright stated that the support of the school system by the people of Frederick County is greatly appreciated and that he felt our school system was on the rise toward a high degree of competency and a greater degree of excellence than we have envisioned in the pfist. Dr. Wright ' presented a brief synopsis of the,Budget for schools and described mar{y of the programs being conducted and how they would be funded. He then described the building Program and stated that this program was necessary in order for Frederick County to move forward in education. Mr. Sandy thanked Dr. Wright'£or his presentation and stated that the Board greatly appreciated the School Board's cooperation in the preparation of the Budget. Mr. Cole stated that he knew no one wanted a tax increase but in the Sheriff's Department alone there was a great need for additional personnel and equipment which would be provided under this Budget. Mr. Manuel Semples appeared before the Board and complained that-the pollution in Red Bud Run was becoming quite extensive. After some discussion;.Mr. Sandy assured Mr. Semples 352 that the Sanitation Authority would have the stream at heart in their plans for a temporary facility on the stream. Mr. Leonard Ellis appeared before the Board and questioned the item marked special services on Page 13 of the Budget in the amount of $15,100.00. Mr. Sandy stated that this sum had been set aside in the event a litigation between Mr. Gunter and the County should be lost. Mr. John Pickeral appeared before the Board and stated that he felt the Board had ' been very far sighted and had tried to bring the County into the 20th Century. He stated that he did not think the tax increase should be levied in the County until the new assessment is completed and a tax base established. He voiced concern for the growth taking place in the County and stated that he felt there should be an impact tax and business tax imposed. , Mr. sandy stated that a business tax is very difficult to impose and that the impact study should be ready by the first of July. Reverend Andrews appeared before the Board as a member of the Tax Relief for the Elderly Committee and asked if the Tax Relief Committee might be blamed for the tax increase. Mr. Sandy stated that the Board had tried to project a revenue based on the studies of other counties where tax relief had been granted to the elderly and it had not had a great effect on the tax revenue. Mr. Madigan stated that if the Tax Relief Committee would present a study to the Board, and the feasibility could be proven, there would be tax relief for the elderly citizens of the County. Reverend Andrews expressed a deep concern for the growth and development in the County stating that growth and development, when unrestricted, can be dangerous. , Mr. Madigan stated that the Board is cognizant of this fact and that at the present tiu.io is working on a Comprehensive Plan for the County in order to regulate industrial, commercial, and population growth. Mr. Richard Dick appeared before the Board and stated that he was in favor of the Budget and would like to know the progress of the Court House Advisory Committee. Mr. Madigan stated that at the present time the Committee is negotiating with a firm to make a stud of the County's needs in this area and that $14,000.00 had been allotted in the Budget for this stud. Mr. Steve Brill appeared before the Board and stated that the young people in the County would like to have a part in the restoration of the County. He further complained that the young people had nothing to do. Mr. Madigan stated that he did not know of any laws or rules in the County that would effect the young people as long as they are law abiding citizens. Mr. Sandy stated that the Recreation Department has two members from the Senior Class at James Wood on their Commission to represent the young people of the County. TAX RATE - ADOPTED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE TT RESOLVED, That the Board of Supervisors of the County of Frederick does herein , adopt the tax rate for Fiscal Year 1973 -1974 as herein presented at the rate of $3.70 to be applied to real estate, personal property, and public service. By roll caU- vote with Raymond C. Sand voting Aye; J. Robert Russell voting Aye; Richard F. Madigan voting Aye; Donald R. Hodgson voting Aye; and Dennis T. Cole voting Aye the above resolution was passed unanim ously. BUDGET 1973 -1974 - APPRom Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE TT RESOLVED, That the Board of Supervisors of the County of Frederick does herein adopt the Budget for Fiscal Year 1973 -1974 as herein presented in the total amount of 353 $12,617,567.42. Revenue from the Commonwealth: Share of ABC Profits 84,000.00 Share of Wine Taxes 8,150.00 State Sales and Use Taxes 671,595.00 Public Assistance Grants 359,915.00 Share of Operational Costs 234,718.00 School Funds 2,545,170.40 Other Revenue from the Commonwealth 33,000.00 Total Revenue from the Commonwealth $ 3,876,548.40 Revenue from the Federal Government: BUDGET ESTIMATES $ Description Revenue Revenue General Revenue Fund: ' Revenue From Local Sources: $ General Property Taxes $ 2,298,234.57 ' Local Sales Taxes 345,000.00 Utility Taxes 168,900.00 Other Local Taxes 53,800.00 $ Vehicle Licenses 135,000.00 Trailer Licenses 20,000.00 Other Licenses, Permits and Privilege Fees 48,700.00 Dog Licenses 12,000.00 Fines and Forfeitures 1,400.00 Revenue from Use of Money and Property 58,724.00 Recreation Fees, Admissions and - Concessions 38,500.00 Sale of Services, Commodities and Properties 79,475.00 Miscellaneous Revenue and Refunds 48 Total Revenue from Local Sources $ 3,308,724.57 Revenue from the Commonwealth: Share of ABC Profits 84,000.00 Share of Wine Taxes 8,150.00 State Sales and Use Taxes 671,595.00 Public Assistance Grants 359,915.00 Share of Operational Costs 234,718.00 School Funds 2,545,170.40 Other Revenue from the Commonwealth 33,000.00 Total Revenue from the Commonwealth $ 3,876,548.40 Revenue from the Federal Government: Total Non - Revenue $ 4,940,147.18 Total Revenue General Revenue Fund $ 12,401,557.60 Revenue Sharing Trust Fund: Revenue from Local Sources: Interest on Bank Deposits $ 4;656:00 Revenue From the Federal Government: Revenue Sharing Grants 56,151.00 Revenue from Non - Revenue Sources: Revenue Sharing Grants - Prior Years 155,202.82 Total Revenue Sharing Trust Fund $ 216 009.82 Total Revenue All Sources $12,617,567.42 EXPENDITURES General Government: ' County Administration Board of Supervisors Office of County Administrator Department of Accounting Department of Data Processing Department of Pl annin g & Development Assessment of Taxable Property Board of Assessors Collection and Disbursement of Taxes and other Receipts Administration of Justice Recording ofus.tice Circuit Court County Court Commonwealth Attorney; 40,295.00 41,372.00 26,58740 46,335.00 40,465.00 52,307.00 17,400.00 37,377.01 16,100.30 15,825.00 15,825.00 3,685.00 35,935.00 School Funds $ 272,637,45 Other 3,500.00 ' Total Revenue from Federal Government $ 276,137.45 Non - Revenue: Retirement Bonds $ 1,754,606.00 State Literary Fund Loans 1,019,744.00 City of Winchester: Annexation Debt Payment 96 , 000.00 Annexation Payment 525,000.00 Estimated Balance (FY 72 -73) (allocated) 420,225.00 Estimated Balance Previous Years (unallocated) 1,124,572.18 Total Non - Revenue $ 4,940,147.18 Total Revenue General Revenue Fund $ 12,401,557.60 Revenue Sharing Trust Fund: Revenue from Local Sources: Interest on Bank Deposits $ 4;656:00 Revenue From the Federal Government: Revenue Sharing Grants 56,151.00 Revenue from Non - Revenue Sources: Revenue Sharing Grants - Prior Years 155,202.82 Total Revenue Sharing Trust Fund $ 216 009.82 Total Revenue All Sources $12,617,567.42 EXPENDITURES General Government: ' County Administration Board of Supervisors Office of County Administrator Department of Accounting Department of Data Processing Department of Pl annin g & Development Assessment of Taxable Property Board of Assessors Collection and Disbursement of Taxes and other Receipts Administration of Justice Recording ofus.tice Circuit Court County Court Commonwealth Attorney; 40,295.00 41,372.00 26,58740 46,335.00 40,465.00 52,307.00 17,400.00 37,377.01 16,100.30 15,825.00 15,825.00 3,685.00 35,935.00 354 Education Program: Administration Description Expenditures 121,926.00 Instruction Juvenile &.D6mestic'Relations Court 1,500.00 3,690,113.00 Other Instruction County Law Library 2,025.00 279,650.00 Attendance and Health Crime Prevention and Detection 33,950.00 Transportation Policing and Investigating 202,059.25 295,950.00 School Food Service Confinement and Care of Prisoners 77,503.75 170,200.00 Operation of School Plant Jail - Lockup 32 328,800.00 Maintenance School Plant Fire Prevention and Extinction 105,400.00 Fixed Charges Forest Fire Service 2,000.00 137,735.00 Summer School Volunteer Fire Department 11,000.00 , Adult Education Public Welfare 2,580.00 Capital Outlay Board of Public Welfare 900.00 120,800.00 Federal Title I Institutional Care 9,000.00 94,637.45 D. J. Howard and Driving Range Lunacy Commission 700.00 142,447.28 Total School Operating Other Welfare Aid 750.00 5,532,688.73 School Building and Construction Program: Public Health Building Fund Appropriation to State Health Department 41,351.01 2,874,350.00 Debt Service Other Health Services 3,950.00 456,256.00 Public Works ' Engineering 18,653.00 Building Inspections 23,310.00 Plumbing Inspections 15,900.00 Planning Commission 11,1176.00 Lord Fairfax Pl anning District 6,400.00 Water and Sewer Service 595,225.00 Refuse Collection Service 15,850.00 Refuse Disposal 50,171.00 Board of Zoning Appeals 1;500 Board of Building Appeals 1,500.00 Advancement of Agriculture and Home Economics Extension Agent 24,643.00 Agriculture Stabilization Committee 540.00 Protection of Livestock and Fowl Dog Warden 12,000.00 Operation of Dog Pound 3,177.00 Elections Board of Elections 15,400.64 Central Registrar 11,6.00.00 Maintenance of Build and Grounds Court House and Grounds 21,598.00 County Office Building 1,675.00 tarki.ng Lots 550.00 Street Lighting 920.00 Road Administration ' Road Viewers 100.00 Miscellaneous Operating Functions Employee Retirement and Other Benefits 48,600.00 Other Miscellaneous Functions 15,125.00 Parks and Recreation 74,520.00 Civil Defense 1,250.00 Capital Outlay 165,604.64 Total General Government $ 1,905,734.35 Education Program: Administration $ 121,926.00 Instruction Aid to the Blind 3,690,113.00 Other Instruction 27,144.00 279,650.00 Attendance and Health Aid to Permanently and Totally 33,950.00 Transportation 24,000,00 295,950.00 School Food Service Foster Care 170,200.00 Operation of School Plant 8,476.00 328,800.00 Maintenance School Plant Total Public Assistance 105,400.00 Fixed Charges 137,735.00 Summer School 8,500.00 Adult Education 2,580.00 Capital Outlay 120,800.00 Federal Title I 94,637.45 D. J. Howard and Driving Range 142,447.28 Total School Operating $ 5,532,688.73 School Building and Construction Program: Building Fund $ 2,874,350.00 Debt Service 456,256.00 Total School Building $ 3,330,606.00 Public Assistance Program: Administration $ 120,17.00 Assistance: Aid to the Blind 1,800.00 Old Age Assistance 27,144.00 Aid to Dependent Children 144,000.00 Aid to Permanently and Totally Disabled 24,000,00 General Relief 7 Foster Care 48;672.00 Supplementation 8,476.00 Services 35 Total Public Assistance $ 417,559.00 355 Revenue Sharing Program Debt Service - School Building Program $ 216,009.82 County Construction Building and Development Program (unallocated) 1 Advance to Central Stores Fund 2.000.00 Total Expenditures $12,617,567.42 By .roll call vote with Raymond C. Sandy voting Aye; J. Robert Russell voting Aye; Richard F. Madigan voting Aye; Donald R. Hodgson voting Aye; and Dennis T. Cole voting Aye 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 Cbunty of Frederick does herein approve the trailer permit of Timothy Pugh, Route 707, Back Creek District. The above resolution was passed unanimously. MOWERY SUBDIVISION - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the countyo£ Frederick does herein approve the Subdivision of Kenneth Mowery, Stephens City, Virginia, situated.in Opequon Magisterial District, consisting of Lots 9, 10, 11 and 12. The above resolution was passed unanimously. UPON MOTION DULY 14ADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJO[W. Se tart', Board of Supervisors iii WORK SESSION - JUNE 6, 1973 A work session was held in the Board of Supervisors' Room on Wednesday, June 6, 1973. Those present were: The Board of Supervisors; Constitutional Officers; Department Heads, and five representatives of the news media. Mr. Sandy stated that he hoped the work sessions would continue and a good working relationship could 1 be maintained with the news media. He stated that the work sessions had not been closed but had been open to both the public and the press. Mr. Cole questioned whether or not these work sessions could be classified as special meetings and therefore subject to code regulations for calling a special meeting. Mr. Renalds stated that this was neither a regular nor a special meeting and there were not specific restrictions on a meeting such as this provided it was open to the public and the press had been notified. There was discussion concerning whether or not these work sessions were in violation of the Freedom of Information Act and the effect the new ruling of the General Assembly would have on the meetings. Mr. Russell stated that if everything he said during a work session was available for publication, he would not feel free to express his opinions inasmuch as his opinion might be different the next day. Mr. Jack Davis stated that anything discussed during the meeting would be public information and there- fore subject to publication. Mr. Sandy asked Mr. Ambrogi if it was legal to hold the work session tonight. Mr. Ambrogi stated that his opinion and the opinion of one of the assistant Attorneys General was that the meeting was legal inasmuch as it was open to the public and the press had been notified. He stated that this was not a closed meeting or an executive session. Mr. Ambrogi said that there were six purposes for which 356 an executive session could be called. He stated that before June 1st there had been seven but the one that had been deleted was the one wherein you could discuss anything at a closed or executive session that would again come up and be subject to a public hearing. Therefore this could not now be done. Mr. Ambrogi stated that the regular meetings of the Board, which are set in January of each year, are the meetings wherein action can be taken. He stated that he had explained the meeting quite thoroughly to the Attorney General and he was also of the opinion that the work session would be a legal meeting as long as it was restricted to discussion and no action taken. He stated however that minutes must be taken of any work session as of June 1st. Mr. Sandy asked what the six items were which could be discussed in executive session. Mr. Ambrogi stated that they were as follows: (1) Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, disciplining or resignation of public officers, appointees or employees of any public body. (2) Discussion or consideration of the condition, acquisition, or use of real property for public pur- or for the disposition of publicly held property. (3) The protection of the privacy of individuals in personal matters not related to public business. (4) Discussion concerning a prospective business or industry where no previous announcement has been of the business or industry's interest in locating in the community. (5) Investing of public funds where competition or bargaining are involved where if made public ini , the financial interest of the governmental unit would be adversely affected. (6) Consultation of legal counsel and briefings by staff members, consultants or attorneys pertaining petty litigation or legal matters within the jurisdiction of the public body including legal documents. (6b) No meeting shall become an executive or closed meeting unless there shall have been recorded a it vote to that effect by the public body holding such meeting which motion shall state specifically the or purposes hereinabove set forth in this section which are to be the subject of such meeting. (6c) No resolution, ordinance, rule, contract, regulation or motion adopted, passed or agreed to in the e or closed meeting shall become effective unless such public body, following such meeting, reconvenes in meeting and takes a vote of the membership on such resolution, ordinance, rule, contract, or regulation or (6d) Nothing in this:;dection shall be construed to prevent the holding of conferences between two or public bodies or their representatives, but these conferences shall be subject to the same regulations for ig executive or closed sessions as are applicable to any other public body. The 1973 Amendment eliminated former Subdivision A -7 which related to the discussion of any matter would be the topic of public hearing prior to final decision. There was discussion as to whether or not the work sessions would serve any good purpose if everything ,sed would be available for publication. Mr. Sandy stated that he felt the entire matter revolved around the ig relationship between the Board and the press. Mr. Sandy asked if it would be agreeable and permissable for the Chairman and the Vice Chairman to meet th members of the staff and bring their recommendations back to the Board. Mr. Ambrogi stated that as long as there was just discussion and no action taken, this would be permis- Mr. Renalds stated that the request for this work session was for the purpose of working on the trailer 1.O . Mr. Cole stated that he felt this ordinance should be referred to a committee for study and then dis- at a regular meeting. Mr. Sandy stated he felt the ordinance had already been through committee inasmuch as the County Planner Administrator and other staff members had prepared the ordinance for review by the Board. Mr. Russell recommended that the constitutional officers present any reports or requests they might have r 357 and further recommended that a committee be formed to review the trailer ordinance and report back to the Board. The Board agreed to consider this recommendation and perhaps discuss the same at the next regularly scheduled Board Meeting. The meeting was then adjourned. i ecr ry, Board_of Supervisors Chairman, Board of Supery sois ' At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held in the Board of Supervisors' Room, 9 Court Square, Winchester, Virginia, on the 13th day of June, 1973. 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. MINUTES APPROVED Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, the minutes of the meeting held on April 11; April 20; April 24; May 9; and May 23, 1973 were approved unanimously. HIGHWAY DEPARTMENT REPORT Mr. King appeared before the Board and gave his monthly report. Harman Street - Plymn Owens Estates - Added to Secondary System: Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That Harman Street in the Plymn Owens Estates Subdivision, Section 1, From Rt. 647 ' to .27 miles east be added to the Secondary System of the State Highways; total distance 0.27 miles; and, BE IT FURTHER RESOLVED, That the above street has been constructed by the developer 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 362, Page 640, dated April 17, 1970. The above resolution was passed unanimously. SCHOOL BOARD AUTHORIZATION TO TRANSFER FUNDS —APPROVED Dr. Wright appeared before the Board and explained the necessity of the resolution requested by the School Board for authorization to transfer funds. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Frederick County Board of Supervisors grants the request of the Frederick County School Board to make transfers within the 1972 -73 school budget to provide for needed expenditures in ' various categories of the budget, including Administration, Transportation, Fixed Charges, Maintenance, Operation of School Plant, Instruction, Capital Outlay, Building Fund and so forth; and BE IT FURTHER RESOLVED, That the request is made on condition that the Frederick County School Board's expenditures for the year from county tax funds and the state one percent sales tax earmarked for ' education will not exceed the 1973 -74 appropriation; and, BE IT FURTHER RESOLVED, That the Frederick County Board of Supervisors authorizes the transfer of any balance in the 1972 -73 school budget to the Building Fund and that the total Building Fund balance be retained for continued use in the 1973 -74 Budget. The above resolution was passed unanimously. HEALTH DEPARTMENT - PERSONNEL REQUESTS - REFERRED TO FINANCE COMMITTEE Dr. Hatfield, Director of the Winchester- Frederick County Health Department, appeared before the '�1�Z 7 Board and presented a report on personnel requests for the Health Department for the next biennum. He explained the various positions requested and their necessity to the proper operation of the Health Department. He stated that presently our Health Department is third from the bottom in the state in personnel. He stated that they had requested 33 positions and the State Health Department had indicated that they would go along with 29 of these positions, but aletter of agreement in principle was necessary from the governing body. Mr. Madigan asked Dr. Hatfield how soon they needed a decision from the Board and Dr. Hatfield stated within a two week period if possible. 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 refer the request for additional personnel for the Winchester - Frederick County Health Department to the Finance Committee for study and recommendation. The above resolution was passed unanimously. WINCHESTER - FREDERICK COUNTY CHAMBER OF COMMERCE REQUEST FOR FUNDING OF BROCHURE REFERRED TO FINANCE COMMITTEE Mr. James Wilkins and Mr. Wade Ferguson appeared before the Board representing the Winchester- Frederick County Chamber of Commerce and requested an appropriation of $4,000.00 from the County of Frederick, in order to produce a brochure containing general information of the Winchester - Frederick County Area. He stated that these brochures would be distributed to industrial development prospects and individuals moving into the area. Mr. Wilkins stated that the Chamber has contributed $5,000.00 and the City of Winchester $3,000.00 toward this project. He stated that the Chamber felt this type of brochure was a necessity, and would be updated to include, among other things, the County Park at Clearbrook. 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 refer to the Finance Committee, for study and recommendation, the request of the Winchester - Frederick County Chamber of Commerce for a $4000.00 appropriation from the County to produce a brochure of the area for distribution to industrial development prospects and individuals moving into the area. The above resolution was passed unanimously. CITIZEN'S COMPLAINT - SUBDIVISION APPROVAL - RECEIVED Mrs. Fadeley appeared before the Board and presented a statement of complaint in regard to the approval of subdivision plats with reference to the restrictions set forth for subdivisions. She stated that she felt the Board should be more stringent in incorporating these restrictions in the approval of subdivisions in order to protect the value of the property owners in adjoining subdivisions. She asked the Board to consider this suggestion when further subdivision plats are presented to them. Mr. Russell stated that he was aware of this problem and it was being worked on. He stated that they were getting good cooperation from the people involved and he hoped it could be worked out to the sat- isfaction of everyone. NORTHWESTERN PSYCHIATRIC CLINIC - REQUEST FOR ADDITIONAL APPROPRIATION - REFERRED TO FINANCE COMMITTEE Mrs. Thelma Clore appeared before the Board and stated that the Northwestern Psychiatric Clinic was requesting an additional appropriation in the amount of $3,241.43, making the total appropriation requested $6,741.43 for Fiscal Year 1973 -74: She stated that this request was necessary because the state had placed cer- tain requirements on the psychiatric clinic. She stated that they had received the increases requested by all the other political subdivisions. Mrs. Clore said that she was sorry the request had not been placed before the Board before the Budget Hearing but felt that the Board was aware an increase would be necessary L this year. 359 Mr. Buddy Orndorff appeared before the Board and presented a copy of a letter which he wrote to Mr. Sandy on November 3rd requesting approval of a supplemental appropriation for the purpose of hiring a full time psychologist. He presented the budget requested by the State which included a full time psychologist and stated that this position accounted for the increase. Mr. Orndorff stated that he was under the impression that the position has been approved by the Board. Mr. Sandy stated that the Board was working with a very tight budget this year and that the matter would have to be considered, preferably by the Finance Committee. Mr. Madigan stated that the budget for the Psychiatric Clinic should have been presented sometime during the first part of February fro consideration in planning the County Budget . 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 doers .herein refer the request for an additional appropriation to the Northwestern Psychiatric Clinic to the Finance Committee for their consideration and recommendation. The above resolution was passed unanimously. ACCOUNTS PAYABLE - APPROVED Mr. Boyd presented the accounts payable for the month of May. Accounts totaling $83,245.52 were read and approved and ordered to be paid from the General County Fund by Warrants #02990 to #03152 and accounts totaling $9,615.93 for Parks and Recreation were read and approved and ordered to be paid from the Parks and Recreation Fund by Warrants #366 to #424 ngon_ motion made by Dennis T. Cole and seconded by Richard F. Madigan. The motion was passed unanimously. MAY PAYROLL - APPROVED Payrolls totaling $33,727.86 paid from the General County Fund by Warrants #02923 to #02989, and payrolls totaling $2,798.24 for Parks and Recreation, paid from the Parks and Recreation Fund by Warrants #353 to #365, were read and approved upon motion made byRRichard F. Madigan and seconded by J. Robert Russell. The motion was passed unanimously. GLAIZE DEVELOPMENTS, INC. - REZONING r A Public Hearing was held at 8:00 P.M. on the rezoning application of Glaize Developments, Inc. Mr. Sandy stated that this rezoning had been recommended for approval by the Planning Commission. Mr. Robert McKee of Clifford and Associates, consulting firm for Mr. Glaize and Mr. Bowman, appeared before the Board in support of thisr,application and stated that the proposed development will meet all the standards set forth in the subdivision ordinance. Mr. Sandy called opposition to+the application. There was none. 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 application of Glaize Developments, Inc. to rezone approximately 305.126 acres of land; located east of Kernstown and Route 81, in Back Creek Magisterial District; from Agricultural (A -2) to Residential (R -2), Z.A.N. 119. The above resolution was passed unanimously. LEON B. ZIEGER - REZONING APPLICATION - APPROVED A Public Hearing was held on the rezoning application of Leon B. Zieger. Mr. Sandy stated that this rezoning application had been recommended for approval by the Planning Commission. Mr. John Chipman, representing Mr. Zieger, appeared before the Board in support of this application. He presented a) brochure depicting the type of houses Mr. Zieger planned to construct on the property. He stated that Mr. Madigan had had reservations concerning this rezoning in that he felt this zoning would permit a mobile home park to be constructed. Mr. Chipman assured the Board that Mr. Zieger did not intend 360 to construct a mobile home part but would construct the type of houses shown in the brochure. Mr. Chipman stated that they were requesting A -2 zoning because rather than go to a residential zoning they wanted to move into one broader category and that A -2 would be consistent with the zoning in the area and suitable for Mr. Zieger's plans. There was no opposition to this rezoning. , Mr. Sandy stated that he was concerned with this zoning because if Mr. Zieger were to sell the lots off the purchaser could put a mobile home or multiple of other things on the lot. Mr. Zieger stated that he intended to build the homes himself and not sell the lots off and would be happy to give the Board a written statement to this effect. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, I BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the rezoning application of Leon B. Zieger to rezone approximately 69.659 acres of land; located along both sides of Route 616, near its intersection with Route 608 in Back Creek Magisterial District; from Agricultural (A -1) to Agricultural (A -2), Z.A.N. 120. The above resolution was passed - unanimously. MARJEC REZONING - TABLED Mr. Joseph Massie, representing Marjec, Inc., appeared before the Board in support of this rezoning and stated that multiple housing units were proposed to he built on this property. Several residents of Shawneeland appeared in opposition to this rezoning stating that it would take part of the Golf Course and that there were other things needed in Shawneeland before any new projects were begun, such as a better water supply. Mr. Lamborne stated that he would relocate the part of the golf course that would be effected and , thereby lengthen the course. Mr. Massie stated that the multiple family units would be served by another water system. 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 the rezoning application of Marjec, Inc, to rezone approximately 6.8378 acres of land, located at Shawneeland in Back Creek Magisterial District, from Agricultural (A -1) to Residential (R -2), to the June 27, 1973 meeting. By recorded vote with Raymond C. Sandy, J. Robert Russell, Donald R. Hodgson,�and Dennis T. Cole voting "Aye" and Richard F. Madigan voting "Nay" the above resolution was passed. INDUSTRIAL WASTE ORDINANCE - APPROVED THIRD AND FINAL READING A Public Hearing was held on the Industrial Waste Ordinance. Mr. Madigan read the ordinance in its entirety. There was no opposition. , 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 third and final reading the following ordinance: AN ORDINANCE GOVERNING DISCHARGE OF OTHER I THAN DOMESTIC WASTES TO PUBLIC SEWERAGE SYSTEMS IpCATED IN WHOLE OR IN PART IN THE COUNTY OF FREDERICK, VIRGINIA. WHEREAS, it is deemed desireable to regulate use of public sewerage systems; NOW, THEREFORE BE IT ENACTED, ARTICLE I - DEFIbTITIONS 361 "Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance Ishall be as follows: B.O.D. (Biochemical oxygen demand). The quantity of oxygen utilized in the biochemical oxidation lof organic matter under standard laboratory procedure, as approved by American Health Association, in five days at twenty degrees centigrade, expressed in parts per million by weight. Domestic sewage. That sewage resulting from a household consisting of human waste and food waste.' Garbage. Solid wastes from the preparation, cooking and dispensing of food, and from the handling, LJ storage and sale of produce. sewage. PH. The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution. is controlled by public authority. Sanitary sewer. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. Sewage. A combination of the water- carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present. Sewage treatment works. Any arrangement of devices and structures used for treating sewage. Slug. An unusually large volume either in amount of flow or in amount of organic loading which occurs infrequently and is caused by other than normal sewage discharge operations of installations. Combined sewer. A sewer receiving both surface run off and sewage. Industrial waste. The liquid wastes from industrial processes as distinguished from sanitary i Public sewer. A sewer in which all owners of abutting properties have equal right of access, and Storm sewer or storm drain. A sewer which carries storm and surface waters and drainage, but excluding sewage and polluted industrial wastes. Suspended solids. Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering." ARTICLE II - DISCHARGE 1. Places where discharge into Public sewer allowed. A. "No person shall discharge any animal or human excrement, garbage or other objectionable waste, from septic tanks or otherwise, directly into the sanitary sewer system by means other than through regular sewer connections, except at a location to be designated by the owner of a sewerage system, and then only under the direction of such owner." 2. Discharge of storm water, surface water, etc. A. "Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet. Industrial cooling water or unpolluted process waters may be discharged as approved by appropriate agency. B. No person shall discharge or cause to be discharged any storm water, surface water, ground 3. Limitations on discharge of certain wastes. A. "Except_as otherwise provided in this article, no person shall discharge or cause to be water, roof runoff, subsurfaced drainage, cooling water or unpolluted industrial process waters to any sanitary sewer." discharged any of the following described waters or wastes to any public sewer in excess of limits specified: (1). Excluded materials: (a). Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease. 362 (b). Any gasoline, bensene, naptha, fuel oil or other flammable material or explosive liquid, solid or gas. (c). Any ashes, cinders, sand, mud, straw, whole blood, shavings, metal, glass, rags, feathers, poultry offal, tar, plastics, wood, paunch manure, milk solids, or any other solid or viscuous material capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. (d). Toxic, corrosive, explosive or malodorous gases. (e). Unshredded garbage. (f). Metal, broken glass, etc. (g). Any liquid or vapor having a higher temperature than one hundred forty degrees Fahrenheit. (2). Soluble oils shall be removed to maximum practicable content: (3). Toxic and deleterious wastes in sufficient quantities to exceed the following limitations: Zinc 3 parts per million Iron 5 parts per million Chromium 3 parts per million Copper 1 part per million Cyanide 2 parts per million pH 5.5 to 9.0 (4). Any waters or wastes containing suspended solids of such character and quantity or waters or wastes having five -day Biochemical Oxygen Demands sufficient in the opinion of the owner of sewage treatment works to require pretreatment. Generally, maximum acceptable limits shall be five- day.'.Biochemical oxygen Demand of two hundred forty parts per million by weight and two hundred sixty -five parts per million by weight of suspendedssolids. (5). Unusual volume of flow or concentration of wastes constituting "a slug" as defined herein, waters or wastes containing substances which are non- biode- gradable by the sewage treatment processes employed, or are biodegradable only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (6). Excessive discoloration (such as, but not limited to, dye waters and vegetable tanning solutions). (7). Any radioactive wastes or isotopes of such half -life or concentration as may exceed limits established by the owner of the treatment works in compliance with applicable State or Federal B. Grease, oil and sand interceptors. (1). "Grease, oil and sand interceptors shall be provided when, in the opinion of the owner of sewage treatment works, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients; except, that such intercep shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and c acity approved by the owner of sewage treatment works and shall be located so as to be readily and easily accessible for cleaning and inspection. (2}. Where installed, all grease, oil and sand interceptors shall be maintained by the owner of said interceptors at his expense, in continuously efficient operation at all times. (3). Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, 77 L t and equipped with easily removable covers which when bolted in place shall be gastight and watertight." 363 ARTICLE III - INSPECTION MANHOLES "When required, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling , and measurement of the wastes. Such manhole, required shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the owner of sewage treatment works. The manhole shall be installed by the owner of the property at his expense, and shall be maintained by him so as to be safe and accessible at all times." ARTICLE IV - OF FACILITIES "Where preliminary treatment facilities are provided for any waters or wastes, they shall be main- tained continuously in satisfactory and effective operation, by the owner of these facilities at his expense." ARTICLE V - CESSATION OF USE IN EMERGENCIES "When the health, welfare and safety of the general public require, any person disposing of sewage through public sewerage systems may be ordered to cease such disposal entirely or partly, both as to quantity and type of sewage." ARTICLE VI - VIOLATIONS "Any person found to be violating any provision of this ordinance shall be served by the County with written notice stating the nature of the violation and setting a date within 15 days of the date of this notice for a meeting between County representatives and the violator to discuss the satisfactory correction of this violation. At this meeting a definite plan shall be proposed by the violator, to the agreement and approval of the owner of sewage treatment works, and the violator shall within the period of time stipulated such proposal and approval, permanently cease all violations." ARTICLE VII - PENALTIES FOR VIOLATIONS "Any person who shall continue any violation beyond the time limit provided for in the above article shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not less than one hundred dollars ($100.00) for each violation. Each day in which any such violation shall continue shall be deemed to be a separate offense." ARTICLE VIII - VALIDITY "Should any article or provision of this ordinance be decided to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any other section or provision of this ordinance." ARTICLE IX - EFFECTIVE DATE "This ordinance shall be in full force and effect upon its adoption and enactment by the Board of Supervisors of Frederick County, Virginia." By recorded vote with Raymond C. Sandy, J. Robert Russell, Donald R. Hodgson, Richard F. Madigan and Dennis T. Cole all voting "Aye" the above resolution was passed unanimously. ORDINANCE - POLLUTION CONTROL EQUIPMENT AND FACILITIES EXEMPT FROM LOCAL TAXATION - APPROVED I FIRST AND SECOND READING Mr. Madigan read the ordinance in its entirety. There was no opposition. 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 first and second reading the following ordinance: AN ORDINANCE TO PROVIDE EXEMPTION OF POLLUTION CONTROL EQUIPMENT AND FACILITIES FROM LOCAL TAXATION BY THE COUNTY OF FREDERICK, VIRGINIA. H 364 The above resolution was passed unanimously. AMENDMENT OUTDOOR FESTIVAL ORDINANCE FIRST AND SECOND READING - APPROVED Mr. Madigan read the ordinance in full. There was no opposition. 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 first and second reading the following ordinance: AN ORDINANCE AMENDING THE CODE OF THE COUNTY OF FREDERICK, VIRGINIA, CHAPTER 14A, SECTION 14A -3 (c) PERTAINING TO OUTDOOR FESTIVALS The above resolution was passed unanimously. ORDINANCE - PERSONAL PROPERTY TAX RETURN LATE PENALTY - APPROVED FIRST AND SECOND READING Mr. Madigan read the ordinance in full. There was no opposition. 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, Virginia, does herein approve on first and second reading the following ordinance: AN ORDINANCE TO IMPOSE PENALTIES FOR FAILURE TO FILE PERSONAL PROPERTY RETURNS BY MAY 1ST OF EACH YEAR FOR THE COUNTY OF FREDERICK, VIRGINIA The above resolution was passed unanimously. PRELIMINARY PLAT ALBIN ACRES SUBDIVISION - APPROVED Mr. Renalds presented the Preliminary Plat of Albin Acres Subdivision stating that the property is zoned R -1 and is located on Route 679 approximately .5 miles off Route 522 and contains 17 acres and 19 lots of approximately 3/4 acre each. He stated that the recommendations of the subdivision administrators were as follows: (1) That the main road, Thwaite Avenue, be extended to the property line to give access to adjacent land. (2) That the culvert shown on the plat be changed so that the outfall from the culvert would drain into a platted drainage easement. (3) That the small street shown on the plat be named. Robert Solenberger appeared before the Board and stated that Fruit Hill Orchards was the owner of the property and that he was Treasurer of the corporation. He stated that they were only interested in the first seven lots of the subdivision at this time and that the final plat submitted would be for approval of these seven 11ots only. 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 preliminary plat of Albin Acres Subdivision located on Route 679 and containing 17.1 acres subject to the following corrections being made: (1) That the main road, Thwaite Avenue,bbe extended to the property line to give access to adjacent land. (2) That the culvert shown on the plat be changed so that the outfall from the culvert would drain into a platted drainage easement. (3) That the small street shown on the plat be named. The above resolution was passed unanimously. REQUEST - CONDITIONAL USE PERMIT CAVALIER SCOTTISH INNS - APPROVED 365 Mr. Renalds presented the request of Cavalier Scottish Inns for a conditional use permit for a motel complex of 100 units stating that the property was located on the northwest quadrant of the Intersection of I -81 and State Route;627. Mr. Bill Tisinger appeared before the Board in support of the request and stated that the entire complex, including the motel and the restaurant, would be in excess of two million dollars. He described ' the various used of the property in the area citing Stuckey's and an Esso Station. He stated that they were requesting the conditional use permit in order to begin construction on the motel unit. There was no opposition. 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 grant unto Cavalier Scottish Inns a conditional use permit, in order that construction might be started on a lu0 unit motel complex on the property of said company located on the northwest quadrant of the Intersection of I -81 and State Route 627. The above resolution was passed unanimously. WATER AND SEWER PERMITS - APPROVED Mr. Sandy stated that there were two water and sewer permits to be considered; one for Delco Plaza and one for Ramada Inn. Mr. Renalds presented a memorandum to the Board from the Sanitation Authority recommending that the Board take no action on the applications of Ramada Inn and Delco Plaza for water and sewer permits to extend water and sewer lines until the City and Sanitation Authority have reached an agreement for area wide co- operation in providing of water and sewer services in areas contigu6us to the City. ' Mr. Jack Burlbaugh appeared before the Board representing Ramada Inn and stated that the taxes realized by the County would be approximately $3,300.00 per month and any delay in beginning construction would cost Ramada Inn approximately $5,000.00 per month. Mr. Cole asked what section of the ordinance allowed the Board to deny this permit. Mr. Ambrogi stated that the recommendations to deny were from the Sanitation Authority. Mr. Madigan asked how near the City and the Sanitation Authority were to reaching a mutual agreement and Mr. Krueger stated that it was impossible to say.' Ramada Inn - Water and Sewer Permit - Approved a 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 extension of water and sewer lines to the site of the proposed Ramada Inn on an interim basis until substitute facilities are provided by the Sanitation Authority of Frederick County to the property, subject to final details being worked out between the Sanitation Authority and the City of Winchester. The above resolution was passed unanimously. Delco Plaza - Water and Sewer Permit - 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 ' extension of water and sewer lines to the site of the proposed Delco Plaza Shopping Center on an interim basis until aubstttute facilities are provided by the Sanitation Authority of Frederick County to the property, subject to final details being worked out between the Sanitation Authority and the City of Winchester. The above resolution was passed unanimously. MOBILE HOME PERMITS Mobile Home Permits Approved Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick that the following mobile home permits are approved: 1. Maynard C. Marple, Rt. 616, Back Creek District 2. Raymond Carrol, Rt. 842, Back Creek District. 3. John Merriner, Rt. 616, Back Creek District 4. Kenneth Minter, Rt. 629, Back Creek District 5. Joseph D. Rudolph, Rt. 666, Stonewall District 6. Maurice F. Conrad, Rt. 11, Stonewall District ' 7. Samuel R. Anderson, Rt. 629, Back Creek District B. Lester Shickle, Rt. 671, Gainesboro District 9. Ralph Bassett; Rt. 622, Opequon District 10. William P. Caldwell, Caldwell Lane, Back Creek District , 11. Floyd and Kay Ritter (2 trailers) Hilltop Mobile Home Park Rt. 646 - Shawnee District 12. Dr. Dixie Lee Ray c/o John Bradburn, Rt. 737 Opequon District 13. John Cantwell, Rt. 641, Opequon District 14. Marjec, Inc. (For Office), Rt. 608, Back Creek District, Zoned A -1 15. Larry Hornbuckle, Rt. 614, Back Creek District, Zoned A -1 The above resolution was passed unanimously. Mobile Home Permits Denied: 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 deny the mobile home application of Arthur A. Grove, Rt. 522, Shawnee District inasmuch as this application was disapproved by the Health Department. I The above resolution was passed unanimously. Mobile Home Permits - Zoning Problems - Approved Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the fol- lowing mobile home applications: 1. Scott Newlin, Rt. 600, Gainesboro District, Zoned A -1 2. Jack D. Bailey, Rt. 600, Gainesboro District, Zoned A31 3. Phyllis Riggleman, Rt. 608, Gainesboro District, Zoned A -1. The above resolution was passed unanimously. Mobile Home Permit Tabled 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 table the mobile home ' application of William and Anna Wolfe, Rt. 600, Gainesboro District until the supervisor of that district can inspect the site. The above resolution was passed unanimously. CONSTITUTIONAL OFFICERS REPORTS - ACCEPTED u ' Mr. Sandy presented monthly reports from the Treasurer, Sheriff, Commissioner of Revenue and Clerk IIrygII of the Court. After review, these reports were accepted unanimously. DEPARTMENT HEAD REPORTS - ACCEPTED Mr. Sandy presented monthly reports from the Engineering Department, Building Inspector, Zoning Administrator, Department of Data Processing and Parks and Recreation Department. After review, these reports were accepted unanimously. PARKS AND RECREATION DEPARTMENT APPROPRIATION REQUEST - APPROVED 367 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 that the $6,200.00 donation in reserve for Parks and Recreation use in Stonewall District is herein appropriated and authorized to be expended in the fiscal year ending June 30, 1973y and, BE IT FURTHER RESOLVED, That the remaining appropriation in the 1972 -73 budget of the Parks and Recreation Fund is hereby authorized to be carried over and become a part of the 1973 -74 budget of the General Fund - Parks and Recreation Department. The above resolution was passed unanimously. REQUEST FOR USE OF OUTDATED SHERIFF'S VEHICLE ' PARKS AND RECREATION DEPARTMENT - APPROVED Mr. Fletcher requested permission to use one of the outdated cars from the Sheriff's Department for the Parks and Recreation Department. Mr. Sandy authorized use of the above mentioned vehicle by the Parks and Recreation Department. REQUEST FOR AUDIT - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia does herein request the Auditor of Public Accounts of the Commonwealth of Virginia to conduct the annual audit of the records of Frederick County for the fiscal year ended June 30, 1973, as required by law, and does herein further request the Auditor of Public Accounts to conduct the audit as soon as possible after the close of the fiscal year due to the Central Accounting System being in operation for the first year during that fiscal period. The above resolution was passed unanimously. ' APPOINTMENTS TO BOARD OF BUILDING APPEALS 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 make the following appointments to the Frederick County Board of Building Appeals: Back Creek District - Hubert T. Stratton Gainesboro District - James Barr Opequon District - Herbert Shackleford Shawnee District - H. C. Christianson Stonewall District - E. E. Bayliss, Jr. The above resolution was passed unanimously APPOINTMENT TO LAND USE TAX COMMITTEE Mr. Richard F. Madigan, Supervisor for BAck Creek District, appointed Ralph Hauserman to the Land Use Tax Committee to replace Mr. Edgar DeHart who is no longer a resident of this area. t 1 BINGO PERMITS / FIREWORKS PERMITS PROCEDURES OUTLINED Mr. Madigan read a memorandum to the Board from Mr. Renalds, County Administrator recommending that a form be drawn up by the County Staff setting forth provisions for certain information to be supplied by the applicant, such application to be acted upon by the Board of Supervisors Meeting, providing the ' application is submitted at least seven (7)) days prior to such Board Meeting. Mr. Renalds further stated that stated statutes do not require this application procedure to be included in an ordinance but he would suggest a detailed ordinance be drawn up and adopted so that it might be codified in the Frederick County Code. 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 instruct the County Administrator to proceed with an ordinance to set forth the regulations for both Bingo Game Permits and Fireworks Permits in Frederick County. n _ 368 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 instruct the County Administrator to proceed with an ordinance to set forth the regulations for both Bingo Game Permits and Fireworks Permits in Frederick County. The above resolution was passed unanimously. CORRECTION IN WORDING - ORDINANCE PERTAINING TO SALARY OF JUDGES OF CIRCUIT COURT - APPROVED Mr. Renalds stated that in the ordinance previously passed in regard to the supplementing of the salary of the judge of the Circuit Court, the word Judge should be changed to the word Judges. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick does herein authorize the correction of the word "Judge" to "Judges" in the following ordinance by title, hereinbefore passed on May 9, 1973: AN ORDINANCE TO INCREASE BY LOCAL SUPPLEMENT THE SALARY OF THE JUDGES OF THE CIRCUIT COURT OF THE 17TH JUDICIAL CMRCUIT. The above resolution was passed unanimously. DONATION FROM FREY QUARRY - ACKNOWLEDGED 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 acknowledge and express their sincere apprediation for the donation from Frey Quarry of 3,594 tons of crusher waste in the amount of $5,341.00 for use at Clearbrook Park. The above resolution was passed unanimously. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Se tOtary, Board of Supervisors