December 12, 1966At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia,
held in the Supervisors Room on the 12th day of December 1966.
PRESENT: B. 0. Brumbaak, Chairman; Grover Teets, W. Hurl Himelright, Paul Lutt
and Donald L: Baughman.
The minutes of the last meeting held on the 14th day of November, 1966 were read
and approved.
REPORTS: UPON MOTION duly made and seconded the reports of Harry L. McCann,
Treasurer; Earl S. Bailey, Commissioner of Revenue; Robert L. DeHaven,Sheriff of Frederick
County, Joseph A. Massie, Jr., Commonwealth Attorney; Roberta A. James, Department of Welfare,
Agnes Shirley, Home Demonstration Agent; John Wolfe, County Agent and H. C. Crowder, Road
Engineer were read and approved.
J. P. ARTHUR JR. - VARIANCE ANIMAL HOSPITAL
Upon Motion duly made and seconded,
The Board dries approve the Variance of said property which lies within Zoned
area "A" and said petition which requests an amendment or special exception permitting the
construction of an animal hospital belonging to J. P. Arthur, Jr. a distance of 1,300 feet
of Route #50 West.
The above resolution was passed.
SUNNYSIDE - WATER AND SEWER - DELEGATION - PETITION
A delegation of citizens presented a petition to the Board of Supervisors asking)
action to improve water and sewer conditions at SunnYside.
Upon motion duly made and seconded,
Be it resolved that the Pl anning Commission of Frederick County make a study of
the creation of a County Water and Sewer Authority and report back to the Board of Supervis
their findings and recommendations including a proposed enabling ordinance and charter for
there authority, if they be so advised, and,
That the said Commission make recommendations to the Board of Supervisor's con-
cerning the aleviating of the water and sewer problems in the county, and the order of the st
The above resolution was passed.
DUAL LANE OF ROUTE NO. 50 EAST
Upon motion duly made and seconded,
Be it resolved that the Board of Supervisor's do hereby request the Department
of Highways to release sufficient funds for the construction of Route #50 into a four lane
road from Interstate h61 eastward to the intersection of Route x}50 and Route #T23.
Copies of the above resolution to be mailed to R. C. Ambler, Department of
Highways,
Staunton,
Virginia and G. L.
Baughan, Luray, Virginia.
FREDERICK
COUNTY A
S C S OFFICE BLDG.
- INCREASE RENT
Robert K. Stickley appeared before the board and requested additional office
space for ASCS office.
i Upon motion duly made and seconded, that the Board of Supervisor's give the
ASCS office an increase of rent not over $20.00 per month on the additional office space.
The above resolution was passed.
S. P. C. A. - EXEMPT FROM TAX
Upon motion duly made and seconded,
The board does hereby object to exempting of tax of the S. P. C. A.
1
The above resolution was passed.
185
FREDERICK COUNTY EDUCATION ASSOCATION - REQUEST 1% SALES TAX
Representatives, Donald Shirley and James Casey of the Frederick County, Education
AssociAtion request that 1% of'the state sales tax be returned to the County for education in
addition to money already being used, for education.
Action was referred to the next budget meeting of the Board of Supervisor's and
School Board.,
COUNTY CODE - ADOPTED
Upon motion duly made and seconded,.
Be it resolved, that the Ordinance of the County Code be adopted on the third and
'
final reading, a copy which is as follows:
An ordinance of the County of Frederick, Virginia, adopting a revision and
codification of the ordinances of the County of Frederick, Virginia, entitled "The Code of thi
County of Frederick, Virginia ", providing for the repeal of certain ordinances not included
therein with certain exceptions, and for other purposes hereinafter set out.
Be it ordained by the Board of Supervisorscf, the County of Frederick, Virginia,
that:
Section 1. There is hereby adopted by the Board of Supervisors of the County of
Frederick, Virginia, that certain Code entitled "The Code of the County of Frederick, Virginia'
containing certain ordinances of a general and permanent nature as compiled, consolidated,
codified and indexed in Chapters 1 to 21, both inclusive, of which Code not less than three
copies have been and are now filed in the office of the Clerk of the Circuit Court of the
County of Frederick, Virginia.
'
Section 2. The provisions of such Code shall be in forceeoniand after January 1,
1966 and all ordinances of a general and permanent nature adopted on final reading and passag
on or before June 13, 1966, and not contained in such Code are hereby repealed from and after
January 1, 1966 except as hereinafter provided.
Section 3•' The repeal provided for in the preceding section of this Ordinance
shall not affect any offense or act committed or done or any penalty or forfeiture incurred or
any contract or right established or accruing before January 1, 1966 nor shall it affect any
prosecution, suit or proceeding pending or any judgment rendered prior to January 1 1966 nor
shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of
money for the County or authorizing the issue of any bonds of the County or any evidence of thi
County's indebtedness or any contract or obligation assumed by the County; nor shall it affect
any annual tax levy; nor shall it affect any right or franchise conferred by ordinance or reso!'
lution of the County on any person or corporation; nor shall it affect any ordinance adopted
'
for purposes which have been consummated; nor shall it affect any ordinance which is temporary
although general in effect, or special, although permanent in effect ; nor shall it affect
any ordinance relating to the salaries or bonds of the County officers or employees; nor shall
it affect any ordinance naming, renaming, opening, accepting or vacating highways, streets or
'
roads in the County; nor shall it affect any ordinance relating to zoning, zoning map changes
or zoning reclassification of property; nor shall it affect any ordinance relative to the sub-
division of land; nor shall it affect any ordinance adopted on final reading and passage after
June 13 1966 nor shall it affect any of the following ordinances, resolutions or orders or
amendments thereto:
(a) A resolution of January 1, 1940, as to adjustment of loss when poultry or
livestock is killed by dogs;
(b) An order, of March 11, 1957 of the board of supervisors as to the compositi�
of the Frederick County Board of public welfare;
iWo
(c) A resolution of December 14, 1959, as to participation in the vlrg
Supplemental Retirement System, and any provision relative to Social Security and Survivors
Insurance and Old Age Benefits;
(d) A resolution of July 11, 1960, relative to rights of way regulations.
Section 4. Whenever in the Code adopted by this Ordinance or in any other
ordinance of the county any act is prohibited or is made or declared to be unlawful or an
offense or misdemeanor, where no specific penalty is provided therefor, the violation of any
such provision of such Code or such ordinance shall be punished by a fine not exceeding thre
hundred dollars or confinement in the county jail not exceeding thirty days, or both.
Each day any violation of such Code or of any other ordinance of the county
continue shall constitute a separate offense, except where otherwise provided.
Section 5. If any part, section, subsection, sentence, clause or phrase of
Ordinance or of the Code adopted by this Ordinance is for any reason declared to be unconst
or invalid by the valid Judgment or decree of a court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect the validity of the re maining portions
of this Ordinance or such Code.
COUNTY CODES - RECEIVE COPIES - COST
Upon motion
duly
made and seconded,
Treasurer -
The Cost of
the
County Code will be
$10.00 payable to Treasurer.
Copies to be furnished to the following people:
Clerk's Office -
3
Copies
Treasurer -
1
Copy
Commissioner of -
1
Copy
Revenue
Sheriff -
1
copy
Commonwealth Atty.-
1
Copy
County Judge -
1
Copy
SHERIFF - CAR
Upon motion duly made and seconded,
The request of the Sheriff for the County to purchase cars for the Sheriff's
Office was continued to the regular meeting on January 9, 1967.
REGIONAL PARK AUTHORITY FOR THE LOWER SHENANDOAH VALLEY
Upon motion duly made and seconded,
Be it resolved, that the Board agreed to continue the question of the Parks
Authority to the January meeting.
THISTLE ORDINANCE
Upon motion duly made and seconded, '
The Board passed a resolution to defer action on the Thistle Ordinance at the
present time.
The following resolution was passed.
DOG ORDINANCE
Upon motion duly made and seconded,
Be it resolved, that the Board of.3upervisor!s do hereby set January 1, 1967
the effective date for the Dog Ordinance which was adopted November 14, 1966.
The same having been duly advertised after passage.
INDUSTRIAL DEVELOPMENT AUTHORITY - ORDINANCE
Upon motion duly made and seconded,
An ordinance to create the Industrial Development Authority of Frederick
Virginia, providing for the creation of and governing of the same by a Board of Directors,
Powers of the Authority, creation and sale of Bonds for financing the same, security for th(
same, and other such matters as set forth in Chapter 651 of the Acts of General Assembly
Virginia for 1966.
ional
,
187
The ordinance was passed on the first and second reading.
ROADS - ADDITION & ABANDONMENT - SECTIONS OF ROUTE 1012, 641, 642, 644
As requested in resolution by your Board on March 14, 1966, the following addi
to and abandonment from the Secondary System of Frederidc County are hereby approved, effect
Section 4 - Old Route 522 on the north side.of Interstate Route 81,
from a point opposite Station 758 + 00 rDrtherly 0.21 mile
to Station 18 + 00 (Route 50).
SECONDARY SYSTEM - DISCONTINUANCE - FREDERICK COUNTY
As requested in resolutions by your Board on March 14, 1966 and September 12,
1966 the following section of road is hereby discontinued as a part of the Secondary System
of Frederick County. This was confirmed by the Highway Commission at its meeting on November
17, 1966.
DISCONTINUANCE LENGTH
Section 5 -A of old Route 1012, from Route-11 to
Route 81 right of way, Project 0081 -034 -001,
P -4011P -402. 0.06 Mi.
ACCOUNTS PAYABLE
_ Accountst.totaling $7,274.79 were read and approved and ordered to be paid from
' General County Funds by Warrants No. 1936 - 2007 inclusive: Livestock, Fowl Claims and
Henry Bursey's Salary totaling $860.92 were read and ordered to be paid from the Dog Fund
by Warrants�No. 2454 to 2461.
UPON MOTION DULY MADE AND SECONDED IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
CLERK
V
November
17 1966.
ADDITION
LENGTH
'
Sections
9 through 12 of new connections of Routes 1012, i
2.78 Mi.
641, 642
and 644, Project 0081 -034 -001 P -401 -402.
ABANDONMENT
Sections
5 through 8 of old location of Routes 1012, 641,
642 and
644, Project 0081 - 034 -OO1,P -401, P -402. 0.68 Mi.
CHANGES
IN PRIMARY AND INTERSTATE SYSTEMS
In accordance with resolutions passed by your Board on March 14, 1966, changes
the Primary System made necessary by resolutions and construction on Route 522 in Frederick
County were confirmed by the Highway Commission on November 17 1966 as shown on the attac.
•
sketch;
described as follows:
SECTION
ABANDONED AS PROVIDED UNDER SECTION 33 -76.5 OF THE 1950 CODE OF VIRGINIA:
Section 3 - Old location of Route 522, from a point opposite Station
758 + 00 on the north side of Interstate Route 81, southerly
0.10 mile to a point opposite Station 753 + 00 on the south
side of Interstate Route 81.
SECTIONS TRANSFERRED TO INTERSTATE SYSTEM AS SERVICE ROADS AS PROVIDED UNDER SECTION
33 -36.
OF THE 1950 CODE OF VIRGINIA:
Sections - Old Route 522 on the south side of Interstate Route 81,
1 & 2 from a point opposite Station 753 + 00 southerly 0.26 mile
to Station 809 + 00(Route 522).
Section 4 - Old Route 522 on the north side.of Interstate Route 81,
from a point opposite Station 758 + 00 rDrtherly 0.21 mile
to Station 18 + 00 (Route 50).
SECONDARY SYSTEM - DISCONTINUANCE - FREDERICK COUNTY
As requested in resolutions by your Board on March 14, 1966 and September 12,
1966 the following section of road is hereby discontinued as a part of the Secondary System
of Frederick County. This was confirmed by the Highway Commission at its meeting on November
17, 1966.
DISCONTINUANCE LENGTH
Section 5 -A of old Route 1012, from Route-11 to
Route 81 right of way, Project 0081 -034 -001,
P -4011P -402. 0.06 Mi.
ACCOUNTS PAYABLE
_ Accountst.totaling $7,274.79 were read and approved and ordered to be paid from
' General County Funds by Warrants No. 1936 - 2007 inclusive: Livestock, Fowl Claims and
Henry Bursey's Salary totaling $860.92 were read and ordered to be paid from the Dog Fund
by Warrants�No. 2454 to 2461.
UPON MOTION DULY MADE AND SECONDED IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
CLERK
V