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March 22, 1967 to May 22, 1967197 At a Special Meeting of the Frederick County Board of Supervisor's held on the 22nd day of March, 1967 PRESENT: B. 0. Brumback, Chairman, W. Hurl Himelright, Donald Baughman, Thomas B. Brumback. WATER & SEWER SANITATION AUTHORITY A discussion was held by the Board in regard to the appointment of Water and Sewer Authority members from each respective Magisterial District. Shawnee, Back Creek, Gainesboro, Stonewall and Opequon. A motion was made and seconded to continue further action to the April ZONING APPEALS BOARD The Board discussed generally the creation of a Board of Zoning Appeals with an appointed member from each District. A motion was made to continue appointment of members to the April meeting. 6,o�13 CHAIRMAN At the Regular Meeting of the Board of Supervisors of Frederick County, held in the Supervisors Room on the 10th day of April, 1967. PRESENT: B. 0. Brumback, Chairman; W. Hurl Himelright, Paul Luttrell and The minutes of the last meeting held on the 13th day of March, 1967 were 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 Welfa Agnes Shirley, Home Demonstration Agent; John Wolfe, County Agent and H. C. Crowder, Road Engineer were read and approved. ROUTE NO. 615- - ABANDONMENT OF 0.06 MILE_ Upon Motion duly made and seconded, BE IT RESOLVED: That 0 .06 of mile of secondary Route ##615 as described in certain resolution in Supervisor's Minutes Book ##10 page 20 and in the last paragraph ther which has been discontinued under Section 33 -76.1 be and the same is hereby declared to be abandoned pursuant to Section 33- 76.12. The above motion was passed. Upon motion duly made and seconded, Be it resolved, that the County contribute $1,833.00 to the Winchester n County Health Department for the County Share of a full -time dentist to be included in the 1967 -1968 Frederick County Budget. The above resolution was passed. JACKSON WOODS ESTATE - FINAL APPROVAL Upon motion duly made and seconded, Be it resolved, that the Section 3 of Jackson Woods Estates, Back Creek Dis of W -D Company, Inc., be and the same is hereby given final approval conditioned that the and Deed of Dedication provide that Stuart Drive end at the Henkle Boyd property line, and that the 20 foot step be identified only as easement for surface water drainage from Stuart Drive to Middle Road and that the building line and front of said -lot #19 face on Middle Ro or Secondary Route ##628; and t Be it further resolved, that the Chairman of the Board of Supervisors shall sign the approval of the board after the same has been similarly indicated by the Subdivis Administrator, Dept. of Highways and Health Dept. The above motion was passed. ROAD VIEWERS -- APPOINTED It appearing to the Board that it is necessary to have Road Viewers, Upon motion duly made and seconded,, It is ordered that Charles Adams, Gainesboro District, Grant Wilkins, Back Creek District, Ray Rinker, Opequon District, Carroll Solenberger:, Shawnee District and D. Russell, Stonewall District, be,and hereby are appointed Road'Viewers. The date for viewing certain roads was set for April 17, 1967, at 9:30 A. M. CLERK'S OFFICE - S. C. M. ELECTROSTATIC COPIER Upon motion duly made and seconded; The Board passed a resolution to purchase an S.C.M. Electrostatic Copier for the County Clerk's Office at the cost of $1,170.00. ZONING ADMINISTRATOR - C. E. BASS Upon motion duly made and seconded, t Be it resolved, that C. E. Bass be.appointed Zoning Administrator for County, Virginia. SALES TAX - IMPOSED ADDITIONAL 176 Upon motion duly made and seconded, Be it resolved, that the Board impose a 1% Sales Tax for Frederick County to become effective August 1, 1967. A Public Hearing is set for May 8, 1967, at 11:00 A. M. ' LEVY - TAX =RATE Upon motion duly made and seconded, A resolution was passed that there be a tax rate of $3.00 per One Hundred Dollars of fair market value on all personal property, machinery, public utilities, merchant's capital, and tools, exempting household property, for the fiscal year of 1967 -1968, and from said levy there shall be deducted a special levy of forty -four (.44) cents per Hundred Dolls' for the School Building Fund. Upon motion duly made and seconded, A resolution was passed that there be a tax of $2.00 per One Hundred Dollars on all Real Estate for the tax year of 1967 -1968 and from said levy there shall be deducted a special levy of .44 cents per Hundred for the school building fund. SENSENEY HEIGHTS SUBDIVISION - CHANG=N ZONING Upon motion duly made and seconded, - Be it resolved, that the application of E. L..Peters and wife for change in zoning of section of Senseney Heights Subdivision to the Planning Commission for their consideration and report. AIR FORCE DISPLAY - APRIL 28, 29, +30 Upon motion duly made and seconded, The Board approved the use of Rouss Avenue for an Air Force Display on April 28, 29 + 30, 1967• The above resolution was passed.,. COUNTY DUMP - COMPLAINT Arthur Gooden, an interested citizen appeared before the board and protested to the burning -of dump, trash blowing off trucks, and Clarke County residents using the The chairman said he would appoint a committee to look into the matter. A. M. Gooden, Jr., Donald L. Baughman, Thomas B. Brumback, and R. W. Willi 199 WELFARE BUDGET - APPROVAL Upon motion duly, made and seconded, The board approved $65,000.00 for the Welfare Department, to be included in Frederick County Budget for 1967 -1968. EDWARDS, W. E. - REPAIRS TO NEW OFFICE Upon motion duly made and seconded, The Board approved repairs, equipment and typewriter for Frederick County Cour W. E. Edwards.Office, at a total cost of $2,742.50, subject to anticipated reduction on furth .negotiations. FREDERICK COUNTY SANITATION AUTHORITY - ADOPTION Upon motion duly made and seconded, Be it resolved that the Ordinance of Articles - of Incorporation of the Frederic County Sanitation Authority be adopted on the final reading as follows: ARTICLES OF INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORITY In compliance with the Virginia Water and Sewer Authorities Act (Chapter 2,1, Title 15, Code of Virginia „ 1950; as amended), the Board of County Supervisors of Frederick County, Virginia, pursuant to a resolution signifying its intention to create a sanitation authority, which shall be a public body politic and corporate, hereby certifies: (a) This Authority is formed under the Virginia Water and Sewer Authority Act its name shall be "FREDERICK COUNTY SANITATION AUTHORITY" and the address of its principal office shall be Winchester, Virginia. ' (b) The name of the incorporating political subdivision is FREDERICK COUNTY, VIRGINIA, and the names and addresses of the first members of the Board of said Authority ar respectively, as follows, each of whom maintains a residence in Frederick County, Virginia, o its county seat and each of whom shall continue in office for the.term expiring on the date s opposite his name and until his successor shall be duly appointed and qualify:_ F NAME ADDRESS M OF OFFICE TER Robert Robert Dale Route hj Wine., Va. April 15, 1968 E. E. Bayliss, Jr. Siler Rte, Winc.,.Va. April 15, 1968 Frank Fogle Mtn. Falls Rte. Wine., Va. April 15, 1969'. James L. Bowman Stephens City, Virginia April 15, 1970 Joseph Zuckerman Route 0 Wine., Va. April 15, 1971 The successor of each member shall be appointed by the Board of County Supervisors for a term of four (4) years and until his successor shall be duly appointed and ' qualify, except that any person appointed to fill a vacancy shall serve only for the- unexpire( term. Any member of the authority shall be eligible for reappointment. Each member of the Authority shall serve without compensation and shall be reimbursed the amount of his actual expenses necessarily incurred,in the performance of his ' duties. (c) The purpose for which said Authority is created is the acquisition, construction, operation and maintenance of (a) an integrated water system for supplying and distributing water in Frederick County and (b) an integrated sewer system and sewage disposal system for Frederick County, and for the purpose of exercising the powers conferred by said Virginia Water and Sewer Authorities Act in relation to the foregoing. No other authority.has been created under the provisions of said Act serving the whole or any part of the same area, and none of the powers granted by said Act shall be exercised by the Authority in the construction, improvement, maintenance, extension or operati 200 of any project or projects which in whole or in part shall duplicate existing utilities, public or private, serving substantially the same purposes and area. Pending completion of the necessary engineering studies and estimates, it is no practicable to set forth herein preliminary estimates of capital costs, and initial rates for services of proposed projects IN.WITNESS WHEREOF, Frederick County, Virginia, the political subdivision incorporating said Authority, has caused these Articles of Incorporation to be executed by th Chairman of its Board of County Supervisors and the official seal of said Board of County Supervisors to be affixed hereto and attested by the Clerk of said Board this 10th day of April, 1967. Chairman, Boarcl of ounty Supervisors of Frederick County, Virginia REGIONAL PARK AUTHORITY FOR LOWER SHENANDOAH VALLEY Upon motion duly made and seconded, Be it resolved, that the Ordinance for Concurrent Resolution for the Establis l e of a Regional Park Authority for the Lower Shenandoah Valley be accepted on the final approvalJ, subject to the approval of the City of Winchester, and the attesting of their signatures to tide ordinance. IpI ACCOUNTS PAYABLE Accounts totaling $13,217.90 were read and approved and ordered to be paid the General County Funds by Warrants 2214 and 2278 inclusive: Livestock, Fowl Claim and Henry Bursey's Salary totaling $652.14 -were read and ordered to be paid from the Dog Fund by Warrants 2487 and 2496 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW AW0 At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the 8th day of May, 1967. PRESENT: B. 0. Brumback, Chairman; W. Hurl Himelright, Paul Luttrell, Donald L. Baughman and T. B. Brumback. approved. The minutes of the last meeting held on the 10th day of April, 1967 were read and REPORTS: UPON MOTION DULY made and seconded the reports of Harry L. McCann, Earl S. Bailey, Commissioner of Revenue; Robert L. DeHa.ven, 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. Upon motion of Donald L. Baughman and seconded by Thomas Brumback, A resolution was passed permitting Sheriff Robert L. DvHaven to enter an Order for five automobiles for the department, to be paid for from the current 1966 -1967 Budget. The cost to be $13,250400: The above resolution was passed. The Treasurer is ordered to transfer $j3 250.00 from the unexpended balance to the l Sheriff's account. 201 SMOKE - SMUDGE POTS Mr. Charles Mayes appeared before the Board requesting the Board to investigate the matter of burning of smudge pots in the county. No action was taken. CENTRAL REGISTRAR - TAX PAYER'S ASSOCIATION APPEARED John Whitacre and Frank Fout appeared before the board on behalf of the Taxpayer's Association and made a request that a Central Registrar be appointed for Frederick County. No action was taken by the board. ZONING APPEAL BOARD - MEMBERS APPOINTED ' Upon motion duly made and seconded, The following members were appointed to the Zoning Appeals Board from the respecti Districts: Back Creek - Gainesboro - Walter G. Baker Opequon - Robert E. O'Neal Shawnee - Lewis Lamp Stonewall - Grover Teets, Jr. COMPULSORY SCHOOL LAW - FINAL READING Upon motion duly made and seconded, The board passed the Compulsory School Attendance law on the third and final readi after due publication of Public Hearing on April 10, 1967 in the Winchester Evening Star. The resolution was passed and is hereby adopted. SALES TAX - ORDINANCE - ADOPTED Upon motion duly made and seconded, and duly carried, The ordinance hereinafter set out was adopted; _.:.�;ye, and was ordered to be published: -- _ J Ordinance To Impose a Local County Sales Tax in Frederick County, Virginia. AN ORDINANCE to impose a local County Sales Tax in Frederick County, Virginia, pursuant to Chapter 8.1, Title 58 of the Code of Virginia (Chapter 151,.Acts of Assembly of . 1966) at the rate of one per cent to provide revenue for the General Fund of Frederick County; such tax to be added to the rate of the State Sales Tax Imposed by Chapter 8.1, Title 58 of th Code of Virginia, and to be subject to all the provisions of Chapter 8.1, Title 58 of the Code of Virginia, all the amendments thereto, and the rules and regulations published with respect ' thereto. Be it ordained, by the Board Supervisors Frederick of of County, Virginia, as follow, Section 1. General Retail Sales Tax for the County of Frederick. Pursuant to Titre 58, Chapter 8.1, Section 58- 441.49 of the Code of Virginia, a local general retail sales tax at the rate of one per cent to provide revenue for the General Fund for the County of Frederic ' is hereby levied. Said tax shall be added to the rate of the State sales tax imposed by Chapter 8.1, Title 58 of the Code of Virghia. It shall be subject to all provisions of Chapte 8.1 of Title 58 of the Code of .Virginia, all the amendments thereto, and the rules and regulati published with respect thereto. Section 2. Administration and Collection. Pursuant to Title 58, Chapter 8.1, Section 58- 441.49 of the Code of Virginia, the local general retail sales tax levied pursuant to this Ordinance shall be administered and collected by the State Tax Commissioner of the Commonwealth of Virginia in the same manner, subject to tke same penalties as provided for the 202 MILITIA RECORDS - MAKE NEW BOOK Upon motion duly made and seconded, State sales tax, with the adjustments required by Section 58- 441.50 and 58- 441.51. Section 3. Effective Date of this Ordinance. Effective date of this Ordinance shall be the 1st day of August, 1967. The Clerk of the Board of Supervisors of Frederick County shall forthwith forward to the State Tax Commissioner of the Commonwealth of Virginia a certified copy of this Ordinance, so that it will be received within five days after its adoption. ' No. 1 - Priority ' MILITIA RECORDS - MAKE NEW BOOK Upon motion duly made and seconded, The Board approved the request of Mrs. D. W. Ritenour to type and transfer the name ' of the militia records to a new book. The cost to be paid by the supervisor's. CATHER LAND - CHANGE IN ZONING Upon motion'duly made seconded, Be it resolved, that the application of J. Bentley Cather of the James A. Cather land for change in the zoning of land located on Route 50 West across from James Wood School - from R -1 to R -2 for professional offices, be referred to the Planning Commission for their consideration and report. ROAD VIEWERS - REPORT The report of the Road Viewers, who were appointed by the Board of Supervise 's on the 10th day of April, 1967 was accepted as follows: ' No. 1 - Priority Kent Street - From N. C. L. Winchester to Route 784 -.15 Mile Cost $3,500.00 4 Business places and connecting street. No. 2 - Priority Wilson Avenue From Route 7 to .20 Mile North Cost $2,500.00 18 Dwellings and 1 shop No. 3 - Priority 15 Mile extension of Route 635 to Route 634. Cost $2,000.00 Connecting Road No. 4 - Priority Buckhorn Lane From: Route 636 to 1.25 Miles East Cost $12,000.00 3 Dwellings No. 5 - Priority Woodchuck Lane(Route 654) ' From end of maintenance to.3O mile south Cost $3,000.00 Serve 3 Dwellings The Board deferred action to the June Meeting for further study on the Kent Street and Buckhorn Lane roads. SPECIAL MEETING - DISCUSS CENTRAL REGISTRAR Upon motion duly made and seconded, The board passed a resolution to hold a Special Meeting on Monday, May 22 1967 at 0 7:30 P.M. for further discussion on the appointment of a central registrar for Frederick Coun TAX ON CARNIVALS - CONTINUED TO JUNE MEETING 0 A discussion was held by the board on a tax to be placed on the Carnivals operating in Frederick County. 203 ,i i i : • W 1111m Upon motion duly made and seconded, The board.passed a resolution that each member of the Board of Supervisor's appoint a citizen from each district to meet with the Handley Library Committee. ECONOMIC OPPORTUNITIES OFFICE Upon motion duly made and seconded, The board passed a resolution to let the Economic Opportunities Office occupy the office space in the County Court House to be vacated by the Frederick County School Board Office. ' WOLTZ SUBDIVISION - VACATED Upon motion duly made and seconded, Be it resolved, that the Board of Supervisor's approve the Plat of the Deed of Vacation of the Valley View Subdivision owned by Robert K. Woltz,.east of Stephens City, Virginia. The above resolution was passed. The Chairman of the Board of Supervisors is ordered to affix his signature to the Deed of Vacation to be recorded in the Frederick County Clerks Office. RE- MODELING - COUNTY OFFICE BUILDINGS Upon motion duly made and seconded, ' Be it resolved, that the Board of Supervisors appoint a committee consisting of Joseph A. Massie, Jr., and George B. Whitacre as a committee of two to obtain estimates from Shockey & Sons and B. B. Hirst for refloorirg, painting, plastering, rewiring, and re- lighti of the first floor of the County Court House and rewiring, re- lighting, and painting the County Clerk's Office and the Board of Supervisor's Rooms, and report to the Board of Supervisgrs at the June, 1967 meeting. A resolution was passed to repair and paint the County Court House and the County Office Building. The above resolutions were passed. BUDGET - HEARING - JUNE 12, 1967 - APPROVED Oh motion duly made and seconded, ' 190- The Frederick County Budget for the fiscal year beginning on the first day of July, , and ending on the 30th day of June, 1960, was approved as presented. The Clerk is ordered and authorized to have the same published in the Winchester Evening Star as required by law and the Public Hearing thereof shall be on the 12th day of June, 1967. ROUTE 642 - ADDITION APPROVED BY DEPT. OF HIGHWAYS The board accepted the following addition from the Department of Highways: D As requested in resolution by your Board on March 13, 1967; the following addition to the Secondary System of Frederick County is hereby approved, effective April 25, 1967. ° ADDITION LENGTH Project 0847 - 034 -132, C -501, from Route 642 north to a dead end, a distance of 0.40 mile. 0.40 Mi. 204 E. L. PETERS SUBDMSION - PUBLIC HEARING The following is a resolution that was passed at the May 2, 1967 Planning Commissign. Upon motion duly made by Charles Bass and seconded by Belmont Fout that the petition of E. L. Peters for rezoning of that certain four (4) tracts or parcels of land, lying and being situate on the North side of Senseny Road, known as Virginia Secondary Road No. 657, as follows: ' PARCEL A - Six (6) Acres, to be changed in zoning from Rl to B1, for Residential Shopping Center. PARCEL B - Fourteen Thousand Nine Hundred and Fifty (14,950) Square Feet, to be changed in zoning from R1 to B1, for Gasoline Service Station. ' PARCEL C - Forty -two Thousand (42,000) Square Feet, to be changed from R1 to R2, for Garden Apartments. PARCEL D - 3.5 Acres, to be changed in zoning from R1 to R2; for Garden Apartments. This property is bounded on.the West by Christ Episcopal Church, and the other land of your petitioner; on the North and East by the other lands of your petitioner. One corner of this property adjoins the boundary lines between the lands of E. L. Peters, your petitions , and Rolling Fields, which is believed to be owned by Ferman Perry and Lohr Dunlap, be and the same is hereby favorably recommended to the Board of Supervisor's together with his exhibits.) After due consideration and upon motion duly made and seconded, The board accepted the petition of E. L. Peters as presented by the Planning Commis §ion. The motion was carried. V A Public Hearing will be held June 12, 1967, for final approval of the change in ' the zoning ordinance after due advertisement. 1 ACCOUNTS PAYABLE Accounts totaling $6,936.40 were read and approved and ordered to be paid from the General County Finds by Warrants 2280 and 2340 inclusive: Livestock, Fowl Claim and Henry Burley's Salary totaling $538.22 were read and ordered to be paid from the Dog Fund by 1 and 7 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS O RDERED THAT THE BOARD DO NOW ADJOURN. At a Special Meeting of the Frederick County Board of Supervisor's held on 22nd day of May, 1967, in the Board of Supervisor's Room at the Clerk's Office at 7:30 P.M. 60A ELECTION OFFICIALS - NOTIFIED TO APPEAR Present: B. 0. Brumback, Chairman, Donald L. Baughman, Thomas B. Brumback, W. Hurl Himelright, Paul Luttrell. Upon motiom made and seconded, Donald L. Baughman moved that the Board be requested to advertise the names and addresses of the registrars at least 60 days I before the election, and to contact each registrar and other election officials at least 60 days before election and explain to them their duties. The above motion was passed.