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October 09, 1967223 At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the 9th day of October, 1967. PRESENT: B. 0. Brumback, Chairmen, Thomas B. Brumback, W. Hurl Himelright, Paul Luttrell and Donald L. Baughman. The minutes of the last meeting held on the 11th day of September, 1967 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. HUNTING AND FISHING LICENSES - ADDITIONAL AGENTS J. G. Place presented a resolution and petitions asking for additional agents in Frederick County, Upon motion duly made and seconded, Whereas, numerous petitions have been presented to tke Board of Supervisors of County, Virginia, requesting the appointment of additional agents in Frederick County, for the purpose of the sale of hunting and fishing licenses, and Whereas, it appears to the Board of Supervisors that additional agents would be desirable and are needed, now, therefore, Be it resolved that the Frederick County Board of Supervisors does hereby request t ' Clerk of the Circuit Court of Frederick County, Virginia to give his consent, in writing, to the State Game Commission to appoint additional agents in Frederick County for the purpose of selling hunting and fishing licenses. Upon a vote on the above resolution For - Donald Baughman and Paul L. Luttrell Against - Hurl Himelright and Tom Brumback Tie _ Against - B. 0. Brumback Therefore the above resolution not passed at the above meeting. COUNTY DUMP -- E. W. SMITH APPEARED - PURCHASE OF LAND OF KERNS Elonzy Smith, caretaker of the County Dump appeared before the Board asking for more money and additional equipment to use in taking care of the dump. Be it resolved that the Board of Supervisors does hereby agree -!to permit Elonzy Smit ' the right to use the land at the area of the County Dump that the has agreed to sell to the County until January 1, 1968 and that the Commonwealth Attorney execute the same for the Count Mr. Ralph Kerns appeared before the Board of Supervisors stating he would be intere; in selling to the County, 40 acres of land at $200.00 per acre for a County Dump. Action on the above was continued to the Special Meeting on October 24, the Committee appointed was ' Paul Luttrell, Tom Brumback, and Hurl Himelright to look over the property, Saturday, October 21, 1967 at 2:00 P.M. IPARK AUTHORITY - ESTABLISHING - HEARING Mr. Willis Fisk, representing the Motel and Travel and NorthemValley Recreation and Park Association arA spoke in favor of Parks and recreation in Frederick County. David Headley also appeared favoring Parks and Recreations. Upon motion duly made and seconded, Whereas, this day, pursuant to due publication of Notice of a public hearing the Board of Supervisors conducted a public hearing upon a proposed ordinance creating and estab- lishing a Park Authority. 224 Now, therefore, be it resolved that the Board of Supervisors does hereby continue consideration of proposed Ordinance to establish anPark Authority to October 24, 1967, for purpose of selecting persons to serve on the said authority before adopting the same. The above resolution was passed. INDUSTRIAL AUTHORITY - ESTABLISHING - HEARING Upon motion duly made and seconded, Be it Resolved, the ordinance on the Industrial Authority was read on the third and final reading. Whereas, this day, pursuant to due publication of Notice of a Public Hearing the Board of Supervisors conducted a Public Heating upon a proposed Ordinance creating and establishing8an Industrial Development Authority. Now, therefore, be it resolved, that the Board of Supervisors does hereby continue consideration of proposed ordinance to establish an Industrial Development Authority to October 24, 1967, for the purpose of selecting persons to serve on the said authority before adopting the same. The above,resolution was passed. LITERARY FUND IRAN - APPLICATION - SCHOOL BOARD Upon motion duly made and seconded, Be it Resolved, that the application of the County School Board of Frederick Coun to the Literary Fund of Virginia for $800,000.00, at an interest rate of 3% for the ponpose of construction.of a Junior High School at Stephens City, Virginia. Be it further Resolved that proper officials of Frederick County be and they are hereby- .apthorized to sign the necessary papers to effect said loan. The above resolution was passed. CITIES SERVICE OIL COMPANY - LEASE - RENEWED Upon motion duly made and seconded, Be,it Resolved, that the Board of Supervisors accept the Assignment of Lease of Kremer 011 Corporation, Distributir of Cities Service 011 Products. Be it Resolved, that the Board of Supervisors renew the Lease as specified in the Assignment of Lease. The Extension of the Lease will be from October 15, 1967, to October 14, 1972. The monthly rental for this period will be $276.00 perrmonth. ASSIGNMENT OF LEASE THIS ASSIGNMENT, made acid entered into by and between CITIES SERVICE OIL COMPANY, A Delaware corporation, 011 Center Building, Tulsa, successor by merger to Cities Service Oil Company, a Pennsylvania corporation, hereinafter termed "Assignor," and KREMER OIL CORPORATION, 1936 Valley Avenue, Box #35, Winchester, Virginia 22601, hereinafter termed "Assignee," WITNESSETH: WHEREAS, Assignee has agreed to acquire a certain Lease Agreement of Assignor and it is necessary to provide for the assignment of such lease Agreement of Assignor to and for Assignee to assume the liabilities, obligations and duties under said Lease so assigned. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth, and other good and valuable considerations, said Assignor does hereby assign to said Assignee, and its successors and assigns, all of its right, title and.interest in and r 225 M KREMER OIL CORPORATION, Attest: Mary Ruth DeWitt KREMER CONSENT TO ASSIGNMENT The County of Frederick, Virginia, hereby acknowledges receipt from CITIES SERVICE OIL COMPANY, a Delaware corporation, of an executed copy of the above Assignment, and hereby consents to'said Assignment this 9th dayDof October, 1967, and accepts the said Assignee, KREMER OIL CORPORATION, for every purpose in substitution for the Assignor, CITIES SERVICE OIL COMPANY, a Delaware corporation, as the contracting party thereunder. BOARD OF SUPERVISORS FREDERICK COUNTY, VIRGINIA B. 0. BRUMBACK GEORGE B. WHITACRE Witness ' COMPREHENSIVE PLAN FOR WATER & SEWER - F.H.A. LOAN Upon motion duly made and seconded, Be it Resolved, that the Board of Supervisors does hereby accept the Grant of F. H. A. to the County in the sum of $12,500.00 for a Comprehensive Plan for Water and Sewer. The above resolution was passed. COCHRAN PLAT - DISCUSSION A general discussion was had on the Cochran Plat. No action was taken by the Board. the certain Lease Agreement dated May 12, 1952, between the County of Frederick, Virginia, Landlord, and Cities Service 011 Company, a Pennsylvania corporation, Tenant,ccovering the following premises situated in the City of Winchester, County of Frederick, and State of Virginia: Property owned by the County of Frederick, Virginia, located at the southeast corner of Cameron and Boscawen Streets in the ' City of Winchester, being the property publicly advertised for lease by the County of Frederick on May 52 1952• This property is further described as being a rectangle and located on the southeast corner of Cameron and Boscawen Streets and having a frontage of 106 feet on Cameron Street and a frontage of 88 feet on Boscawen Street, all as shown on the survey attached hereto. ASSIGNEE accepts the assignment the above described Lease Agreement and hereby assumes and agrees to keep, observe and perform all of the covenants, obligations anddduties agreed to by Assignor under said Lease Agreement, and to indemnify the Assignor against all actions, claims and demands arising after the effective date of this Assignment'. IN WITNESS WHEREOF, the parties hereto have caused these presents to be delivered o and effective as of August 31, 1967. CITIES SERVICE OIL COMPANY, Assignor By ROBERT G. REED Vice President Attest R. E. KELLACKEY M KREMER OIL CORPORATION, Attest: Mary Ruth DeWitt KREMER CONSENT TO ASSIGNMENT The County of Frederick, Virginia, hereby acknowledges receipt from CITIES SERVICE OIL COMPANY, a Delaware corporation, of an executed copy of the above Assignment, and hereby consents to'said Assignment this 9th dayDof October, 1967, and accepts the said Assignee, KREMER OIL CORPORATION, for every purpose in substitution for the Assignor, CITIES SERVICE OIL COMPANY, a Delaware corporation, as the contracting party thereunder. BOARD OF SUPERVISORS FREDERICK COUNTY, VIRGINIA B. 0. BRUMBACK GEORGE B. WHITACRE Witness ' COMPREHENSIVE PLAN FOR WATER & SEWER - F.H.A. LOAN Upon motion duly made and seconded, Be it Resolved, that the Board of Supervisors does hereby accept the Grant of F. H. A. to the County in the sum of $12,500.00 for a Comprehensive Plan for Water and Sewer. The above resolution was passed. COCHRAN PLAT - DISCUSSION A general discussion was had on the Cochran Plat. No action was taken by the Board. 226 SHAWNEE -LAND - PLATS APPROVED Upon motion duly made and seconded, Be it Resolved that Plat #1, Section 6 -7, Plat No. 1, Section 8, Plat No. 2, Secti 8 and the Deed of Dedication be presented and accepted'for final approval. F The above resolution was passed. CIVIL DEFENSE - SEMINAR . Upon motion duly made and seconded, Be it Resolved that, Joseph A. Massie, Jr., Commonwealth Attorney, go to the Seminar of University of Virginia on Civil Defense for Business and Industry on November 3rd & 4th, 1967 at an expense of the Seminar travel expenses. The above resolution was passed. COURT HOUSE AND OFFICE BUILDINGS - CONTRACT TIME EXTENDED - ONE MONTH Upon motion duly made and seconded, Be it Resolved that the time for the completion of the remodeling of the Court be extended one (1) month. The above resolution was passed. Be it Resolved that an additional sum of $1,200.00 be added to the contract for the remodeling of the Court House for additional expense of remortaring the brick joints. Be it further resolved, that the contractor be instructed to repair all roof gut as necessary at additional expense per terms of the contract. The above resolutions were passed. SHENANDOAH GAS COMPANY - INSTALL GAS LINE Upon motion duly made and seconded, Be it Resolved, that the Board of Supervisors does hereby permit the Shenandoah Gas Company to install a gas service pipe into the Bantz Building adjoining the County Office Building for the use by Clinton Ritter a Tenant, and at his expense if any. The above resolution was passed. VACCINATION OF DOGS Upon motion duly made and seconded, Be it Resolved, that Henry Bursey, Dog Warden, and the Health Department of the C set up the clinics for the vaccination of dogs'in Frederick County, Va. The above resolution was approved. ACCOUNTS PAYABLE Accounts totaling $21,609.91 were read and approved and ordered to be paid from General County Funds by Warrants 2730 and 2814 inclusive: Livestock, Fowl Claim and Henry Bursey's Salary totaling $614.49 were read and ordered to be paid from the Dog Fund by Warrants 41 and 48 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. L�