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September 09, 1968 to February 24, 1969282 At the Regular Meeting of the Board of Supervisors of Frederick County, held in the Supervisors Room on the 9th day of September, 1968. PRESENT: Thomas B. Rosenberger, Chairman; J. Robert Russell, Donald L. Thomas B. Bramback, and Raymond C. Sandy. The minutes of the last meeting held on the 12th day of August, 1968 were read and approved. REPORTS: UPON MOTION duly made and seconded the reports of Harry L. McCann, Treasurer'; Esten 0. Rudolph, Commissioner of Revenue; Lacy H. Anderson, Sheriff of Frede. County, E. Eugene Gunter, 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. DOG LICENSES PASSED FIRST AND SECOND READING Upon motion duly made and seconded, Be it Resolved, that the Dog License fee will be $3.00 for all.dogs (male, female, unsexed) beginning on January 1, 1969. The Board passed the above on the first and second reading. A Notice of Public Hearing to be published in the Winchester Evening Star. Upon motion duly made and seconded, BE IT RESOLVED, That the Board of Supervisors of Frederick County hereby accepts and approves the 1968 -69 Secondary System Maintenance, Maintenance Replacement and Construction Budget for the Highway Department for Frederick County. The above resolution was passed. HIGHWAY DEED - REUTER AND RIDGEWAY Upon motion duly made and seconded, 1:: Be it Resolved, that the Board instruct the Clerk to admit to record the Deed of William Reuter and Fred Ridgeway and Board of Supervisors of Frederick County, The above resolution was passed. DELINQUENT TAXES - REAL & PERSONAL Upon motion duly made and seconded The County Treasurer, Harry L. McCann, presented to the Board a list of Delinquent Personal Property Tax for the year 1967 as of June 30, 1968, in the amount of $18,424.93, and also the Delinquent Real Estate Tax for the year July 1, 1967 to June 30, 1968 in the amount of $26,092.51, the total being, $44,517.44. The above resolution was approved as presented. BISHOP IRA E II TATS - PLAT TENTATIVELY APPROVED Upon motion duly made and seconded, The Board accepted the Subdivision Plat of Ira E. Bishop, II Lots, Hunting Ridge Road, Gainesboro" Xstrict, for tentative approval, subject to approval of Frederick County Health Department. The above resolution was passed. WATER & SEWER SURVEY Upon motion duly made and seconded, The Chairman of Frederick County is to endorse the Check (F.H.A.;Grant) of for the survey made by the Farmers Home Administration. The above resolution was passed. • 1 D.P 60 9 • .. - • �+• Upon motion duly made and seconded, Be it Resolved, that the Board of Supervisors does hereby uphold the Planning Commission's recommendation to re -zone the Land of Joseph Hughes. The above resolution was passed unanimously. ACCOUNTS PAYABLE Accounts totaling $40,113.20 were read and approved and ordered to be paid from the General County Funds by Warrants 3877 and 3997 inclusive: Livestock, Fowl Claim / and Henry Bursey's Salary totaling $620.25 were read and ordered to be paid from the Dog \ Fund by Warrants 132 and 139 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW: k 4— At a Regular Meeting of the Frederick County Board of Supervisors held on 23rd day of September, 1968 PRESENT: T. B. Rosenberger, Chairman, Thomas B. Brumback, Donald L. J. Robert Russell, and Raymond C. Sandy. ALBIN VOTING - PRECINCT - CHAFED TO FREDERICK COUNTY JUNIOR HIGH SCHOOL Upon motion duly made and seconded, WHEREAS, it appears that the voting place in Albin Precinct, Gainesboro Magisterial District, is no longer suitable or available as a voting place in said Precinct; WHEREAS, it further appears that the facilities of Frederick County Junior i High School are available for said purpose and that such place is a suitable voting place for said precinct. NOW THEREFORE, be it resolved that Hudson's Motel be, and the same is hereby, abolished as the voting place in Albin Precinct, Gainesboro Magisterial District, and that the voting place for said Precinct be, and the same hereby is, hereafter establi as Frederick County Junior High School. BE IT FURTHER RESOLVED, that the Commonwealth Attorney for Frederick County be, and he is hereby, authorized to petition the Circuit Court of Frederick County iq the name of the Board of Supervisors of said County for the change of said voting place in Alb: Precinct in the manner set forth in Section 24 =46, Code of Virginia (1950), as amended. The above resolution was passed. Town of Middletown presented a letter for a resolution to adopt a Building Code. The Board will take it under advisement and consider at a later date. RAT CONTROL The City of Winchester responded to the Counties request and agreed to follow up the request of the Board. INI DOG ORDINANCE + ADOPTED + VICIOUS DOGS Upon motion duly made and seconded to adopt the Vicious Dog Ordinance ' unanimously passed after the Third and final reading and holding of a duly advertised Public Hearing. VICIOUS AND DESTRUCTIVE DOG ORDINANCE OF FREDERICK COUNTY AN ORDINANCE TO REGULATE THE RUNNING AT LARGE OF DANGEROUS OR VICIOUS DOGS AND DESTRUCTIVE DOGS IN FREDERICK COUNTY, VIRGINIA, AND PENALTIES FOR VIOLATIONS THEREOF DIVISION IV: DANGEROUS OR VICIOUS DOGS AND DESTRUCTIVE DOGS SECTION 3 -50. Definition of Dangerous or Vicious Dogs: Any dog that has been known to attack or to attempt to attack or inure any person shall be deemed a dangerous or vicious dog. SECTION 3 -51. Dangerous or vicious dogs running at large: It shall be unlawful for any owner or custodian to permit or allow a danger o as , or vicious dog to run at large within the county. - Any dangerous or vicious dog shall be kept securely confined upon the premises of the owner or custodian, and, if removed from such premises, shall be muzzled and secured by a leash in the hands of a person able to control such dog, or shall be confined inside a vehicle or cage. SECTION 3 -52. Procedure to be followed in reference to a complaint under thE preceding section: Upon the complaint of any person and the issuance of a warrant by the county court or any Justice of the peace, any such dog so complained of shall be taken and held in custody by the Sheriff, his Deputies, the Dog Warden, or any Police Officer having jurisdiction, from the moment of the execution of any such warrant and shall be so held until such warrant has been finally disposed of. Should the owner or custodian thereof be convicted of violating the preceding section, the Court shall, in addition to imposing a fine, or sentence, or both, ' as provided hereafter, upon such owner or custodian, order such owner or custodian to pay to the Treasurer of Frederick County, Virginia, the sum of Two Dollars and Fifty Cents ($2.50) per day for each day that said dog is held in custody, and upon a second conviction, shall order the destruction of said dog by the Dog Warden of Frederick County. Should such owner or custodian be found not guilty, then such dog shall be forthwith released to the , owner or custodian without cost to the owner or custodian. SECTION 3 -53. Destructive dogs: It shall be unlawful for the owner or custodian of any dog to allow or such dog conttziously to go upon the premises of another person and commit acts of destruct: such as, but not limited to, destroying or damaging vegetables, shrubbery, flowers, or any other property of such other person, after notice in writing from the aggrieved party has been duly served upon the owner or custodian of such dog. The owner or custodian of any dog in violation of this provision shall, upon conviction thereof, be punished as herei. 285 provided. Upon a conviction for second offense under this section, the Court may order said dog to be destroyed and disposed of by the'Dog Warden of Frederick County, in addition to any other penalties that may be imposed as hereinafter provided. SECTION 3 -54. Concealing a dangerous or vicious dog or a destructive dog: If the owner or custodian of any of the dogs hereinabove specified shall ' conceal such dog or otherwise hender the Sheriff, his Deputies, the Dog Warden, or any Police Officer having jurisdiction executing the Order of the court, such person shall be punished as hereinafter set forth. SECTION 3 -55. Penalty for violation of division: ' Upon conviction of any person or persons for violation of any of the sections of this Ordinance, the punishment shall be fixed by the Court or jury trying the case at a fine not to exceed Three Hundred Dollars ($300.00) or by imprisonment in jail not to exceed Thirty (30) days, either or both. Mr. Jerome Votel urged the Board of Supervisors to strongly consider passage of lease law for dogs in Frederick County. - No action was taken. conveyance upon highways, or which may be transported from one place to another, whether Upon motion duly made and seconded, to adopt the Trailer Ordinance un animous ly passed after the third and final reading and the holding of a duly advertised ' Public Hearing. TRAILER ORDINANCE OF FREDERICK COUNTY AN ORDINANCE TO REGULATE THE LOCATION, CONSTRUCTION AND OPERATION OF TRAILER CAMPS IN FREDERICK COUNTY, VIRGINIA, FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, MORALS AND GENERAL WELFARE, AND PROVIDING FOR THE TAXING OF SINGLE TRAILER LOT SPACES, TRAILER CAMP LOT SPACES AND TEMPORARY TRAILER LOT SPACES, AND INSPECTION AND PENALTY FOR VIOLATION OF SAME. THIS ORDINANCE SHALL BE CITED AS THE "TRAILER ORDINANCE OF FREDERICK COUNTY." ARTICLE I. - DEFINITIONS 1. Board of Supervisors: "Board of Supervisors" means the Board of Supervisors of the county and its duly authorized representatives. 2. Certificate of Approval: "Certificate of approval" means a certificate issued by the Board of Supervisors to evidence its approval of the location of a trailer lot or trailer camp. ' 3. Dependent Trailer "Dependent trailer" means a trailer which does not have a toilet and bathtub or shower. 4. Health Permit: "Health permit ",means a written permit issued by the health officer authorizing the operation of a trailer camp or trailer lot under the provisio ' of this chapter and regulations promulgated under this chapter. 5. Independent trailer: "Independent trailer" means a trailer that has a toilet and a bathtub or shower. 6. Nonconforming use permit: "Nonconforming use permit" means a permit issued for a single trailer in existence when this chapter was adopted. 7. Special use permit "Special use permit" means a permit issued for a temporary trailer camp that houses construction workers. 8. Trailer: "Trailer" means any vehicle used or maintained for use as a conveyance upon highways, or which may be transported from one place to another, whether wroyda containing its own motive power or attached to another vehicle, and so designed and constructed as to permit occupancy thereof as a business place or office, or as a dwelling or sleeping place, for one or more persons, and which may also be called or known as mobile homes, and whether on wheels or on temporary foundations. 9. Trailer camp "Trailer camp" means any site, lot, field, or tract of land upon which is located two or more trailers, or which is held out for the location of two or more trailers (regardless of whether or not compensation of any kind is made for suck location), but not including property on which is located with the owners consent, trailers temporarily parked for a period of time not exceeding thirty days, nor does it include trailers parked by a licensed dealer who shall offer the same for sale and not occupy the same, nor does it include property on which is located a temporary trailer camp, as provides for under Article II of this chapter. 10. Trailer camp operator "Trailer camp operator" means any person who, as owner, lessee or in any other capacity, maintains or operates a trailer camp. 11. Trailer lot "Trailer lot" means any site, lot, field, or tract or land upon which is located a single trailer. 12. Trailer space "Trailer space" means the ground within a trailer camp laid out as a lot for the accommodation of one trailer. SECTION 20-2. Operation in accordance with Article 1.1, Chapter 6, Title 35, Code of etc The operation of a trailer camp or a trailer lot shall be in accordance with Article 1.1, Chapter 6, Title 35, Code of Virginia, and the rules and regulations of the State Department of Health relative to trailer lots and trailer camps. SECTION 20 -3. Where trailers may be parked. Except as otherwise provided in'this chapter, no trailer shall be parked in the county; provided, however, that trailers may be parked on a trailer lot or in a trailer camp for which a valid health permit,issued as provided in Section 20 -15, and a certificate of approval, issued as provided in Section 20 -20, are in effect. SECTION 2 Application of chapter to trailers parked for sale or storage. The chapter shall not be applicable to trailers which are parked for sale or storage and not being then inhabited; provided, however: 1. That the owners of such trailers shall be required to purchase the merchants' or dealers' license, as prescribed by law. 2. No such trailer may be stored on any site where there is neighborhood objections, except upon specific approval of the Board of Supervisors. SECTION 20 -5. Application of chapter to single trailer located on lot, etc., prior to adoption date of chapter. Where a single trailer is located on a lot, tract or parcel of land in the county prior to the date this chapter was adopted and the owner of such lot, tract or of land occupies such trailer, the provisions of this chapter shall not be applicable that: (a) The owner of such lot, tract or parcel of land(Ishall meet all of the requirements of the health officer, (b) The owner of the lot, tract or parcel of land shall furnish the Board Supervisors with information showing his name and the location of the trailer and L the trailer. (c) If the owner of the lot, tract of parcel of land complies with items (a) and (b) above, he shall be issued a nonconforming use permit by the Commissioner of Revenue. (d) In the event such an existing single trailer is moved by the owner of the lot, tract or parcel of land in question from the site it occupies at the time of the adoptic of this chapter, neither that particular trailer nor any other trailer shall be permitted to relocate at such site unless the owner first complies with, and thereafter continues to compl with, the provisions of this chapter; provided, however, that a trailer owner desiring to exchange an existing trailer for a new or different trailer may do so without forfeiting his right to a nonconforming use permit. SECTION 20 -6. Application of chapter to more than one trailer located on lot, etc., at the time of adoption of chapter. Where more than one trailer is located on a lot, tract or parcel of land in county at the time this chapter was adopted, the owner of such lot, tract or parcel of land shall comply with all of the provisions of this chapter; provided, however, that he shall until the first day of January 1969, to comply therewith. SECTION 20-7 Inspection of trailer camps, trailer lots, etc., by health officer, etc. The health officer is hereby authorized and directed to make inspections to determine the condition of trailer camps, trailer lots or nonconforming trailer sites in that he may perform his duty of safeguarding the health and safety of occupants of such camps lots and sites and of the general public. The Board of Supervisors may designate other persons to inspect trailer camps, 1 trailer lots and nonconforming trailer sites and such other persons so designated by the of Supervisors shall have like authority to inspect the same as the health officer has. SECTION 20-8. Availability of permits for inspection. All permits pursuant to the provisions of this chapter shall be available for I� inspection. SECTION 20-9. Regulations made and adopted by health officer for enforcement of chapter. The health officer is hereby authorized to make, and, after public hearing, to adopt, such written regulations as may be necessary for the proper enforcement of the provisions of this chapter; provided, however, that such regulations shall not be in confli with the provisions of this chapter. Such regulations shall have the same force and effect as the provisions of this chapter and the penalty for violations thereof shall be the same as the penalty for violations of the provisions of this chapter. SECTION 20-10. Making of false statement to obtain permit. The making, knowingly and intentionally, of any false statement, relating to a material fact, for the purpose of obtaining a permit, as required in this chapter shall be a violation of this chapter. SECTION 20-11 Making of false statement upon records. The making, knowingly and intentionally, of any false statement, relating to a material fact, upon records required to be kept under the provisions of this chapter shall be a violation of this chapter. SECTION 20 -12. When provisions of chapter to be effective. This chapter shall be effective from the first day of January, 1969, for and licenses, and from the first day of July, 1969, for all other requirements and SECTION 20 -13 . Penalty for violation of chapter or regulations. Any person who violates any provision of this chapter or any provision of any regulation adopted by the health officer pursuant to authority granted by Section 20 -9 shall .. LAqL upon conviction, be punished by a fine of not less than Ten Dollars nor more than Three Dollars or imprisonment in jail for not more than thirty days, or both, and each day's of compliance with any such provision shall constitute a separate violation. ARTICLE II. PERMITS, ETC DIVISION I. HEALTH PERMIT FOR CONSTRUCTION, OPERATION, ETC., OF TRAILER CAMP SECTION 20-14. Required. No person shall construct, maintain, operate or enlarge any trailer camp or trailer lot in the county unless he shall hold a valid health permit issued by the health officer in the name of such person for the particular trailer camp, or trailer lot involved i each case; provided, however, that the foregoing provisions of this section shall not be applicable to a person who shall temporarily park a trailer for a period of time not exceedin thirty days. SECTION 20-15. Application therefor. Any person desiring a health permit, as required in section 20-14, shall file an application therefor with the health officer, in such form and setting forth such as may be required by the health officer. SECTION 20-16. Issuance; suspension or revocation. The health officer may issue health permits, as required in Section 20-14, for a trailer camp or trailer lot which conforms with this chapter. He shall suspend or revoke health permits for violation of this chapter and regulations promulgated under Section 20 -9. DIVISION 2. CERTIFICATE OF APPROVAL FOR LOCATION, CONSTRUCTION, ETC., OF TRAILER CAMP OR TRAILER LOT. SECTION 20 -17. Required. No person shall locate, construct, maintain, operate or enlarge any trailer c or trailer lot in the county unless he shall have first obtained a certificate of approval for from the Commissioner of Revenue, as provided inthis division; provided, however, that foregoing provisions of this Section shall not be applicable to a person who shall tempora park a trailer for a period of time not exceeding thirty days. SECTION 20 -18. Filing, contents, etc., of application therefor. Any person desiring a certificate of approval, as required in Section 20 -17, shall first submit a written application therefor to the Commissioner of Revenue of the on an application form to be furnished to such person by the Board of Supervisors. Such application shall contain, among other things, the following information: (a) The name and address of the person owning the trailer camp or trailer lot in question, and trailer ownership. (b) The name and address of the person operating, conducting or managing the trailer camp or trailer lot, if different from the name of the owner thereof. (c) A sketch with description, showing the abutting property owners and where the proposed trailer camp or trailer lot is to be located, which sketch shall be on the back of the application. Each applicant for a certificate of approval for a trailer camp shall indicate in the description the number of trailer spaces the trailer camp will include, and upon request of the Commissioner of Revenue, shall supply a map or plat showing the trailer camp layout with facilities. Each applicant for a certificate of approval for a trailer camp or trailer lot } r may submit with his application an agreement signed by the abutting property owners to the effect "it is agreeable to locate a trailer camp or trailer lot on the selected site." ��' 9 y A SECTION 20 -19 Procedure upon filing of application. The Commissioner of Revenue shall consider each application, filed as provided in Section 20 -18, and may, before acting, if in his judgment the facts and circumstances to warrant the same, refer such an application the Board of Supervisors, which may require a public hearing thereon, after first publishing notice of such hearing two times in a news- paper having a general circulation in the county. SECTION 20-20. Issuance of and rights thereunder. If an application, filed as provided in Section 20-18, be approved, the Commissioner of Revenue shall issue to the applicant in question a certificate of approval, which shall entitle the applicant to locate, construct, maintain, operate or enlarge the trailer camp lot or trailer lot camp in question; provided such applicant complies with all of the provisions of this chapter with respect thereto. SECTION 20-21. Prerequisite to permit or license under chapter. Except as otherwise provided in this chapter, a certificate of approval, issued as provided in Section 20 -20, shall be a prerequisite to the obtaining of any permit or license as set forth in this Chapter. DIVISION 3. SPECIAL USE PERMITS FOR TEMPORARY TRAILER CAMPS. SECTION 20 -22. Issuance by Board of Supervisors; Conditions to which subject. Special use permits for temporary trailer camps may be issued by the Board of Supervisors, subject to the following conditions: (a) That the location of a temporary trailer camp is necessary for the of construction workers employed on an industrial or highway construction project. (b) That the request for a special use permit for a temporary trailer camp is filed by the industry or the State Highway Department or contain a certificate of the or the State Highway Department to the effect that the temporary trailer camp in question is essential to the construction. (c) That a minimum of Two Thousand square feet be provided for each trailer space in the temporary trailer camp. (d) That sanitary facilities conform to the State Health Department's Cam Sanitation" requirements. (e) That the period for operating the temporary trailer camp in question concur with the anticipated period of the construction. (f) That the Board of Supervisors, in granting such a special use permit for a temporary trailer camp, may require the execution of a surety bond to assure that the temporary trailer camp will be removed and the site left in good order at the expiration of the special use permit. (g) That the Board of Supervisors, in granting such a special use permit for a temporary trailer camp, may establish such additional requirements as are in the best in of the public. , SECTION 20-23. Special use permit fee. There is hereby imposed an annual special use permit fee of Twenty Dollars for each trailer or trailer space in the temporary trailer camp in question, which fee shall be paid to the County Treasurer, before the issuance of the special use permit in question. The owner of the land, the occupant of the trailer and the general contractor for the construction project shall be jointly and severally liable for the payment of the special use permit fee. Such fee shall be for each calendar year or portion thereof that the temporary trailer camp is in operation. There shall be no proration of the fee when special t ME use permit is issued during any calendar year. SECTION 20-24. Renewal. A special use permit for a temporary trailer camp issued as provided in Secti 20-22 shall be subject to renewal on the beginning of each calendar year, on approval by the Board of Supervisors. An application for renewal of a special use permit may be submitted if more time is required to complete the construction project in question; provided, however, that such a renewal application must be filed at least ninety days prior to the expiration of the original temporary use permit. DIVISION 4. LICENSING OF TRAILER CAMPS. SECTION 20-25. Impositon of annual license tax. The owner or licensee of a trailer camp in the county shall be subject to an annual license tax of Twenty -five Dollars per lot for each occupied trailer space or mobile home space as of January first of each year. The owner or licensee is responsible for the payment of this tax, but he may take the amount of this tax into consideration in setting t rental for his trailer spaces or mobile home spaces. SECTION 20-26 License year; proration of license tax. The license year for the licensing of trailer camps shall run from the first day of January to the thirty -first day of December and there shall be no proration of the license tax when a license is acquired during the license year. SECTION 20-27. Evidence of payment. Evidence of payment of the annual license tax provided for in Section 20 -25 shall consist of a receipt issued by the Treasurer of the county. Such receipt shall be exhibited in the office of the trailer camp in question or shall be available for inspection if the trailer camp has no office. ARTICLE III. SPECIFICATIONS AND REQUIREMENTS WITH REFERENCE TO TRAILER CAMPS AND TRAILER LOTS. DIVISION 1. G ENERALL Y. SECTION 20-28. Application ofprovisions of artilce. All trailer camps or trailer lots within the county shall_be subject to the provisions of this article, as provided in this article. SECTION 20-9. Operation not to constitute nuisance. The operation of a trailer camp or ^.a trailer lot shall not constitute a nuisance. SECTION 20 -30. Operation is accordance with rules and regulations of the State Department of Health. The operation of a trailer camp or a trailer lot shall be in accordance with rules and regulations of the State Department of Health governing trailer camps or trailer lots. SECTION 20 -31. Location of trailer, etc., with reference to residence located outside of area of trailer camp or trailer lot. No trailer or any building used in connection with a trailer shall be located less than One Hundred Feet from any residence outside the area of the trailer camp or trails lot, un4ess such residence is owned by the trailer owner, trailer camp owner or trailer lot owner; provided that the subsequent construction of a residence outside the area of the trailer camp or trailer lot at a distance less than One Hundred feet from a trailer or from any building used in connection with a trailer shall not require the discontinuance of use i 1 291 I such trailer or building used in connection therewith. SECTION 20 -32 Distance of trailer, etc., from property line of trailer camp or trailer lot, No trailer located and no building used in connection with a trailer shall be constructed less than thirty feet from the property line of such trailer camp or trailer lot in question. ' SECTION 20 -33. Drainage of site. Each trailer camp or trailer lot shall be located on a well drained site and properly graded to insure rapid drainage and freedom from stagnant pools of water. SECTION 20-34. Means of waste disposal from trailers, etc. In each trailer camp or trailer lot, means of waste disposal from trailers or facilities shall meet the approval of the health officer. DIVISION 2. REGULATIONS PARTICULARLY APPLICABLE TO TRAILER CAMPS. SECTION 20-35. Register of trailer camp occupants. A register shall be kept by trailer camp operators, which shall at all times be available for inspection by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register shall show each trailer camp occupant and his address, each vehicle's license number, the trailer space occupied and dates of arrival and departure in each case. Entries in such register shall be preserved for at least three years. SECTION 20 -36. Annual report to commissioner of revenue of trailers in trailer camps. ' Each trailer camp operator shall, on or before the fifteenth day of January of each year, provide the Commissioner of the Revenue of the County with a verified list of all trailers located within his trailer camp as of the first day of January of that year. Such list shall include name of owner, address, name of occupant, address, make and model of trailer SECTION 20 -37. Water Supply -- Potable water supply generally. An' adequate supply of potable water, having the approval of the health officer, shall be available within each trailer camp. SECTION 20 -38 Same -- Availability of potable water for trailer spaces and service buildings. An adequate supply of potable water, approved by the health officer, shall be available in each trailer camp for each trailer space and in the service buildings. SECTION 20 -39. Same- -Hot and cold water in service buildings. Both hot and cold water shall be provided at all times in the service buildings ' in trailer camps. SECTION 20 -40. Garbage and rubbish cans. In each trailer camp, metal garbage and rubbish cans shall be provided in quantities adequate to permit disposal of garbage and rubbish from all trailer spaces. Such ' cans shall be located not further than Two Hundred feet from any trailer space. Garbage and rubbish cans shall be emptied as frequently as may be necessary to prevent overflowing, cleaned in a manner approved by the Health Officer and kept in a sanitary condition at all times. SECTION 20-41 Trailer spaces and Internal driveways generally. In each trailer camp, a minimum area of Two Thousand square feet, eclusive of roadways, shall be provided for each trailer space. Each trailer space shall be at least Thirty feet wide, clearly defined by permanent marks on the ground and shall abut upon an internal driveway not less than Thirty feet wide, which internal driveway shall have 292 unobstructed access to a public highway or to an access road. SECTION 20 -42. Distance between trailers, etc., parked in trailer spaces. Trailers shall be parked in trailer spaces so that there will be a minimum of Fifteen feet between trailers or Fifteen feet between extending attachments and other trailers. SECTION 20 -43. Walkways from trailers to service buildings. Walkways not less than two feet wide shall be provided from each trailer to all service buildings in the trailer camp. SECTION 20-44. Surfaces of driveways in trailer camps. All driveways in any trailer camp shall be graveled or hardsurfaced. SECTION 20-45 Electrical outlets for trailer spaces. An electrical outlet supplying at least One Hundred and Ten volts shall be installed in-accordance with the National Electrical Code for each trailer space. SECTION 20 -46. Service buildings in camps accommodating only independent trailers. No service building shall be required for a trailer camp,:yrhich accommodates only independent trailers. SECTION 20-47 Sewer service for trailer spaces. Each trailer space shall be provided with a sewer at least four inches in diameter, which shall be so connected as to receive the waste from the shower, bathtub, flush toilet, lavatory and kitchen sink of the trailer parked in such space. officer. Each such sewer shall be connected to a sewerage system approved by the health SECTION 20 -48. Service buildings providing certain facilities in trailer camps accommodating service buildings. Each trailer camp which shall accommodate dependent trailers shall contain sufficient service buildings to provide the following facilities: 1. Toilet facilities for each ten trailer spaces. (a) For males, not less than one flush toilet and one urinal, one lavatory one shower or bathtub with individual dressing accommodations. (b) For females, not less than one flush toilet, one lavatory and one shower or bathtub with individual dressing accommodations. Such facilities shall be either in a separate building, or, in the same building as the facilities for males, separated therefrom by a soundproof wall. 2. For each twenty -five trailer spaces or portion thereof: (a) A Separate compartment housing one flush toilet bowl receptacle for emptying bed pans or other containers of human excreta and an adequate supply of hot running water and a slop sink for cleaning same. (b) A separate compartment housing one double laundry tray and one wringer type washing machine or one single laundry tray and one automatic type washing machine 3. Heating facilities shall be provided to maintain service buildings of a temperature of at least sixty -eight degrees Fahrenheit from the first day of October to the i first day of May and such temperature shall be maintained during such period. 293 SANITATION AUTHORITY - INTERSTATE 81 - ROUTE 277 PROJECT Mr. Stephen Carnes explained the progress on project and fees due John McNair and Association. Action was deferred to the regular meeting on the resolution. The Board of Supervisors is to meet with Sanitation Authority after one week. REGIONAL PARK AUTHORITY Clinton Ritter outlined the progress of the Committee. A request was made to the Board to appoint two members to work with Chairman as a Study Commission. UPON MOTION DULY MADE AND SECONDED, IT IS OREDERED THAT THE BOARD DO NOW ­CLERK (;HAIF14AN At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the 14th cby of October, 1968. PRESENT: Thomas B. Rosenberger, Chairman; J. Robert Russell, Donald L. Baughman, Thomas B. Brumback, and Raymond C. Sandy. The minutes of the last meeting held on the 9th day of September 1968, were read and approved.. REPORTS: UPON MOTION duly made and seconded the reports of Harry L. McCann, Treasurer; Esten 0. Rudolph, Commissioner of Revenue, Lacy H. Anderson, Sheriff of Frederick ' County, E. Eugene Gunter, Commonwealth of 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. F. F. A. - CONTRIBUTION Upon motion duly made and seconded, Be it Resolved, that the Board donate $25.00 to the James Wood F. F. 'A., for refinishing table. The above resolution was passed. (Letter wrote & sent 10- 16 -68) Upon motion duly made and seconded, Be it Resolved; after duly Advertised Public Hearing, the Board passed the I , following Ordinance on the third and final reading: Sec. 3 -16. Licensing of dog prerequisite to ownership; term of license; schedule of license taxes. It shall be unlawful for any person to own or harbor a dog six months old or ' over in the county unless such dog is licensed, as required by the provisions of this divisi Dog license taxes shall be paid for the calendar year and shall be, in amount as follows: (a) Male, For a male dog, $3.00. (b) Unsexed female. For an unsexed (successfully spayed) female dog, $3.00. (c) Female. For a female dog, $3.00. (d) Kennel for twenty dogs. For a kennel of twenty dogs, $15.00. (e) Kennel for fifty dogs. For a kennel of fifty dogs, $25.00. This Ordinance shall become effective with 1969 Dog Tags. 294 .. 1 VINE STREET - ADDED TO SECONDARY SYSTEM Upon motion duly made and seconded, WHEREAS, Vine Street in Southview subdivision has been constructed by the subdivider in accordance with the County Subdivision Ordinance and the Highway Department Policy for subdivision streets. It has been graded to a roadway width of 30 feet exclusive ' of ditches, has a crushed stone base 5 inches in depth, Bituminous surface treated 20 feet ix width, and now renders a public service. NOW, TFE;REFORE, BE IT RESOLVED, That Vine Street in Southview Subdivision be added to the Secondary System of State Highways of Frederick County as follows: Vine Street: From Route 522 to 0.25 miles East of Route 522 Length .25 Mi. ' An unrestricted right of way of 60 feet in width is guaranteed, This right of way is recorded -in the Clerks Office of Frederick County in Deed Book 324 page 58 Dated duly 16, 1966. The above resolution was passed. REUTE.R ROAD - ADDED TO SECONDARY SYSTEM Upon motion duly made and seconded, Whereas, The Reuter Road, .ID Mile North to the end of State Route No. 811 be added to the Secondary System of State Highways of Frederick County, as per Code Section 33.141 - 1950 Code of Virginia. An unrestricted right of way of 40 feet in width is guaranteed, this right of way is recorded in the Clerks Office of Frederick County in Deed Book 346 page 46 , dated September 12, 1968. ' The above resolution was passed. WARD AVENUE - ADDED TO SECONDARY SYSTEM Upon motion duly made and saconded, Whereas, Ward Avenue, from U. S. Route #E50 to .2 Mile South be added to the Secondary System of State Highway of Frederick County, as per Code Section 33.141 - 1950 Code of Virginia. An unrestricted right of way of -- 40- feet in width is guaranteed, this right of way is recorded in the Clerks Office of Frederick County in Deed Book 202 page 268 , . dated September 26, 1947. The above resolution was passed. COMMISSIONER OF REVENUE OFFICE - INSTALL CARPET ' Upon motion duly made and seconded, Be it Resolved, that Carpent be installed on the hall upstairs:: in the Commissioner of Revenue Office. , The above resolutiorl was passed. TRAPPING PROGRAM FOR RABIES CONTROL Upon motion duly made and seconded, Be it Resolved, that the Board does hereby request the Health Department to follow up on Fox Trapping in Frederick County. eThe request to be made this year. The above resolution was passed. 295 MEDICAL COLLEuE - HOSPITAL CONTRACT Upon motion duly made and seconded, Be it Resolved, that the Board approve the Hospital Contract of Medical College of Virginia, from July 1, 1968 to July 1, 1969, at the rate of $43.52 per day. ' The above resolution was passed. PARKS AND RECREATION COMMITTEE NEW MEMBER ADDED Upon motion duly made and seconded, Be it Resolved, that the Board does hereby request the City of Winchester ' to appoint H. C. Christianson as a Board Member to the Parks and.Recreation Committee. The above resolution was passed. 1 LAKE STUDY COMMITTEE - MEMBERS APPOINTED Upon motion duly made and seconded, Be it Resolved, that the Board appoint Archie Manuel and Bill Duncan and a third member to be appointed by them to the County wide Lake Study Committee. The above resolution was passed. SOIL SURVEY Upon motion duly made and seconded, Be it Resolved, that the Board pass the Soil Survey with the right to withdraw at anytime. The Board is to sign the request and put on the list. The above resolution was passed. MARJEC, INC. - SHAWNEELLAAND APPROVED Plat No. 5 _ Section 10 _ Lots 43- 44 -47 -54 Plat No. 3 - Section X Lots 44 -51 Plat No. 5 - Section X and 10 Plat No. 8 - Section 11 FREDERICK COUNTY SANITATION AUTHORITY - LOAN On motion duly made and seconded, the following resolution was unanimously passed at the regular meeting of the Frederick County Board of Supervisors held on Monday, October 14, 1968: BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby approve a written request by the Frederick County Sanitation Authority to advance that Authority the sum of $16,982.01 for payment of the engineering fee and survey fees in Upon motion duly made.and seconded, Be it Resolved, that the following lots be accepted for Final Approval, and Deedbof Dedication to be recorded: Plat No. 5, Section 10 containing lots No 43 and 44 and through 54 fronting on Pine Trail and Poplar Trail, Plat No. 3, Section X, containing lots 44 through 51, fronting on Juniper Trail, and Plat 5, Section X and 10 containing lots 52 and 53, ' Section X. and lots 45 and 46, Section 10, fronting on Juniper Trail, Pine Trail, and Birch Trail, and Plat 8, Section 11, containing lots 103 and 107, fronting on Fir Trailand Dogwood Trail, Plat 9 Section 11, containing lots 101, 102, 108, 109, 132, 13 fronting on Hickory Trail, Tomahawk Trail, and Dogwood Trail, Plat - 10 and Section 11, Containing ' lots, 110j 116 129, 131, 135 -144, fronting on Tomahawk Trail. The above resolution was passed. FREDERICK COUNTY SANITATION AUTHORITY - LOAN On motion duly made and seconded, the following resolution was unanimously passed at the regular meeting of the Frederick County Board of Supervisors held on Monday, October 14, 1968: BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby approve a written request by the Frederick County Sanitation Authority to advance that Authority the sum of $16,982.01 for payment of the engineering fee and survey fees in 296 reference to the south drainage area of the 181 -Route 277 Project; with the understanding that this advance is to be repaid immediately by the Frederick County Sanitation Authority upon receipt of Funds for the temporary financing of the aforesaid Project. ACCOUNTS PAYABLE Accounts totaling $36,949.17 were read and approved and ordered to be paid from the General County Funds by Warrants 3998 and 4093 inclusive: Livestock, Fowl Claim and Henry Bursey's Salary totaling $672.07 were read and ordered to be paid from the Dog Fund by Warrants 140 and 144 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW c At a Meeting of the Frederick County Board of Supervisor's held on the 28th day of October, 1968 at 7:30 P. M. PRESENT: T. B. Rosenberger, Chairman, Donald L. Baughman, Thomas B. Raymond Sandy and J. Robert Russell. RE= ASSESSMENT - 20% ASSESSMENT - RETAIN ASSESSORS MONTH OF JANUARY Mr. Claude Neff gave a report on the Re- assessment and recommended 20% instead of ", Board of Assessor's to set rate. Upon motion by Thomas B. Brumback and seconded by Robert Russell to accept 20% Assessment, recommended by the Re- assessment Board. Upon motion of Donald L. Baughman and seconded by Raymond C. Sandy to retain present assessors for month of January to explain the assessment of Real Estate to the property owners of Frederick County. The above resolutions were passed. WELFARE BOARD INVESTIGATION - REJECTED Mr. Kermit Racey, representing the Citizens for Better Government, presented copies of petitions signed by 800 citizens to investigate the Welfare Department. A request was made to have an investigating Board of 10 to 12 persons to be appointed by the Board. Upon motion of Donald Baughman and seconded by Raymond Sandy to reject the , request of Committee, represented by Kermit Racey, Attorney. The above resolution was passed unanimously. GLAIZE & BAYLISS - REZONING Upon motion of Be it Resolved, Commission for the rezoning of and adjoining Sutton, Matusek, type apartments. 7 ACRES Chomas Brumback and seconded by Donald Baughman, ' that the Board accept the recommendation of the Planning approximately 7 acres, on the Northern Side of Senseny Road, and others, from R -1 to R -2, for the construction of garden- The notice for Public Hearing to be held November 11, 1968, at 2:30 P.M. will be published in the Winchester Evening Star. 297 FOX TRAPPING - SPRING 1 Upon motion duly made and seconded, Be it Resolved, that the Board request the State to institute a Fox Trapping Program as a rabies preventive measure in Frederick County, to be ready in Spring, 1969. The above resolution was passed. WINCHESTER - FREDERICK COUNTY COUNCIL OF CHURCHES - RESOLUTION ACCEPTED Upon motion duly made and seconded, Be it Resolved, that the Board accept the resolution of the Winchester- ' Frederick County Council of Churches as presented by John A. Baden, President, as follows: "We commend the Winchester City Council and the Frederick County Board of Supervisors for their attempt to find a solution to our city - county governmental problems in these times of rapid change. We offer our help and assistance to the Winchester -City Council and the Frederick County Board of Supervisors in this most Important task." UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. At the Regular Meeting of the Board of Supervisors of Frederick County, ' Virginia, held in the Supervisors Room on the 11th day of November, 1968. PRESEBT: Thomas B. Rosenberger, Chairman; J. Robert Russell, Donald L. Baughman, Thomas B. Brumback, and Raymond C. Sandy. The minutes of the last meeting held on the 14th day of October, 1968 were read and approved. REPORTS: UPON MOTION duly made and seconded the reports of Harry L. McCann, Treasurer; Esten 0. Rudolph, Commissioner of REvenue, lacy H. Anderson, Sheriff of Frederick County, E. Eugene Gunter, Commonwealth Attorney; Roberta A. James, Department of Welfare, Agnes Shireley; Home Demonstration Agent; John Wolfe, County Agent and H. C. Crowder, Road Engineer were read and approved. SHENANDOAH POOLS, INC. - REFERRED TO PLANNING COMMI33ION Upon motion duly made and seconded, ' Be it Resolved, that the plat and petition of Shenandoah Pools, Inc., presented by Benjamin M. Butler, Attorney, for rezoning of 16.3 acres more or less on the South side of U. S. Route 50, presently zoned R -1 to be changed to General Business, B,2. It was referred to Planning(bmmission for recommendation. ' The above resolution was passed. TREPASS lAW - COUNTY OWNED PROPERTY Upon motion duly made and seconded, Be it Resolved, that the Commonwealth Attorney, E. Eugene Gunter, draw a trepans law in reference to all county -owned property. The above resoltuion was passed. CHURCH PROPERTY & NON- PROFIT ORGANIZATIONS - TAXABLE Upon motion duly made and seconded, By recommendation of Commissioner of Revenue, that all Church Property and Non - Profit Organizations oe taxed that is not specifically used for church services and not exceeding 20 acres beginning with the 1968 Re- assessment of Real Estate. The Real Estate Assessors is to use their discretion and in conjunction with the State Code for taxing the property. TRANSFER OF FUNDS - GENERAL FUND Upon motion duly made and seconded, Be it Resolved, that for the fiscal year beginning July 1, 1968, and ending June 30, 1969, the Treasurer is directed to transfer to the various funds the amounts) as set forth in the 1968 -1969 Budget for those funds as the money is available and needed. The above resolution was passed. COLLEGE PARK SUBDIVISION - FRANCIS LAGES - DEED OF DEDICATION Upon motion duly made and seconded, Be it Resolved, that the College Park Subdivision owned by Francis Lages; Plat and Deed of Dedication be accepted for final approval and ordered to be recorded. The above resolution was passed. Upon motion of R. C. Sandy and seconded by Thomas Brumback, Be it Resolved, that the Lakeside Estates, owned by Herbert Shackelford, plat and Deed of Dedication be accepted for final approval and recordation, subject to approval by the State Highway Department. The above resolution was passed. Upon motion by J.RtsVussell and seconded by Thomas Brumback, Be it Resolved, that the Board does hereby approve the amended plat and Deed of Correction for Shawneeland. The above resolution was passed. GLAIZE AND BAYLISS - GARDEN APARTMEN'T'S - APPROVED Upon motion of Donald L. Baughman and seconded by Thomas Brumback, Wit Resolved, that the Board does hereby approve the petition of rezoning of 7 acres, on the Northern side of Senseny Road and adjoining Sutton, Matusek, and others from R -1 to R -2; for the construction of garden -type apartments. The above rezoning is approved for final approval. The above resolution was passed. William Lockhart appeared before the Board asking for a refund of taxes paid on a trailer. Upon motion duly made and seconded, Be it Resolved, the-Board feels not their responsibility and denied the request. u it The above resolution was passed. 299 COUNTY DUMP - ADVERTISE BIDS Upon motion duly made and seconded, Be it Resolved, thatthe Board advertise for bids to run County Dump based on specifications filed in the Clerk's Office. ' The above resolution was passed. ROUTE 739 at STINE'S CHAPEL - APPROVED --------- - - - - --- ( OMIT) Upon motion of J. Robert Russell and seconded by R. C. Sandy, Be it Resolved, that the Board approve and will recommend to the Highway Department the following resolution. Whereas, the Virginia State Highway System has closed off Route No. 739 at Stine's Chapel, by the bypass of 81 and has madea dangerous turn and caused the users of this old Apple Pie Ridge road to go up a steep grade to the top of Partridge, which will be icey in bad weather and a dangerous turn to enter 522 and five or six other dangerous intersections. Since this road is a main outlet for the famous apple section of Virginia as well as other agriculture products and has always gone straight into 522 every since the County has been settled. Therefore, Be it Resolved, that the Frederick County Pomona Grange go on record requesting the Virginia State Highway System and the Frederick County Board of Supervisors to open this bypass and put bridges over above said road, so it will follow the old road into 522. The above resolution was passed. SUPERVISOR'S NIGHT MEETING - NONE IN NOVEMBER Upon motion duly made and seconded, Be it Resolved, that the Board dispense with the night meeting for November. The above resolution was passed. ROBINSON LAND - RE- HEARING Upon motion duly made and seconded, Be it Resolved, that the Robinson Lend re- zoning hearing be re -set for December 9, 1968 at 2:30 P.M. The above resolution was passed. SH NANDOAH COUNTY MEMORIAL HOSPITAL CONTRACT - APPROVED I Upon motion duly made and seconded, Be it Resolved, that the Board approve the Hospital Contract of Shenandoah County Memorial Hospital at the rate of $35.29 for the year beginning July 1, to July 1, 1969. LIGHTING - DUSK TO DAWN - INSTALLED Upon motion duly made and seconded, Be it Resolved, that the Board contact the Potomac Edison Company to install a Dusk to Dawn Light on the County Court House Plaza. The above resolution was passed. 300 F. F. A. - DONATION The Board approved a Donation of $50.00 to the Future Farmer's of America to aid in the construction of Ballot.Boxes for Frederick County. SPOUTING ON COUNTY OFFICE BUILDINGS Upon motion duly made and seconded, Be it Resolved, that Edwin Rosenberger clean the downspouting on the County Building. The above resolution was passed. POMONA GRANGE - RESOLUTION On the 11th day of November, 1968, at a regularly scheduled meeting of the Frederick County Board of Supervisors, the following Resolution was moved, seconded, and unanimously passed: BE IT RESOLVED, that the Frederick County Board of Supervisors approves the Resolution of the Frederick County Pomona Grange, dated October 16, 1968, and signed by B. F. Strother, Chairman of the Resolution Committee, and that a copy of this Resolution, along with the aforesaid Resolution, be sent to H. C. Crowder, Resident Engineer, Virginia Department of Highways, Edinburg, Virginia, with the recommendation that some corrective action be taken in reference to the dangerous situation existing at the intersection of Apple Pie Ridge Road and U. S. Route 522. ACCOUNTS PAYABLE $35,4 74.37 Accounts totaling _ w ere read and approved and ordered to be paid the General County Funds by Warrants 4095 and 4328 inclusive: Livestock, Fowl Claim and Henry BurseyIs Salary totaling 4642.30 were read and ordered to be paid from the Dog Fund by Warrants 148 and 153 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the 9th day of December, 1968. PRESENT: Thomas B. Rosenberger, Chairman, J. Robert Russell, Donald L. Baughman, Thomas B. Brumback, and Raymond C., Sandy. The minutes of the last meeting held on the 11th day of November, 1968, were read and approved. REPORTS: UPON MOTION duly made and seconded the reports of Harry L. McCann, Treasurer; Eaten 0. Rudolph, Commissioner of Revenue; Lacy H. Anderson, Sheriff of County, E. Eugene Gunter, Commonwealth Attorney; Roberta A. James, Department of Welfare, Agnes Shirley, Home Demonstration Agent; John Wolfe, County Agent; John Wolfe, County Agent and H. C. Crowder, Road Engineer were read and approved. Upon motion of Donald Baughman and seconded by J. Robert Russell. Raymond Sandy is hereby appointed a member of a three member ad hoc committee of the Regional 15 Community College Board. ' The above resolution was passed. 301 MERGER MEETING - SLATED The Board of Supervisors will meet Tuesday, December 17, 1968 in Richmond 7 �.J with City of Winchester Officials to discuss the County and City Merger. BURSEY. HENRY - SPECIAL OFFICER Upon motion of Donald Baughman and seconded by T. B. Brumback, Be it Resolved, that Henry Bursey be appointed for a four year term as Special Policeman.'for Frederick County, Virginia. - The,above resolution was passed. DUMP - MARSHALL WILLIAMS - KEY Marshall Williams presented petitions for a key to the dump. No action was taken by the Board, til bids are opened concerning the operation of dump. REFUND OF TAXES Upon motion duly made and seconded, Be it Resolved, that .a refund of overpayment of taxes be paid to Aubrey J. Gilliam for $35.40 and Howard Edwards $260.47. The above resolution was passed! ri BEVERLEY SUBDIVISION - PLAT - TENTATIVELY APPROVED Upon motion duly made and seconded, Be it Resolved, that the Board does hereby approve the Plat of Beverley Subdivision for tentative approval subject to the writing of a Deed of Dedication before recordation. The above resolution was passed. CHRISTMAS, MEES = SELLING OF Upon motion duly made and seconded, The Board hereby gives their approval to use three booths for selling �i Christmas Trees as long as they feed the meters. TRAFFIC LIGHT - TO BE ERECTED Upon motion of Donald Baughman and seconded by Raymond Sandy, Be it Resolved, that the Board does hereby request the Highway Department to erect a Traffic Light at the intersection of Weems Lane And Route #644 (Paper Mill Road). MT. ROAD - RIGHT OF WAY Upon motion duly made and seconded, The Board does hereby approve for recordation the right of way for Mountain R between Route #620 and .45 Mile South. The above resolution was passed. LUPTON DRIVE - RIGHT OF WAY Upon motion duly made and seconded, The Board does hereby approve for recordation the right of way for Lupton Drive at Albin. The Above resolution was passed. 302 GLAIZE OLD FORT ADDITION - APPROVED Upon motion duly made and seconded, Be it Resolved, that the Board does hereby.approve the Plat and.Dedication of Glaize Old Fort Addition for final approval and is eligible to be recorded. The above resolution was passed. ROBINSON LAND - REZONING Upon motion duly made and seconded, Be it Resolved, that after duly advertised Public Hearing, the Board does hereby approve the recommendation of Planning Commission for rezoning of approximately 1.008 acres, on the Southwest corner of the intersection of Route 522 and Fox Drive from A -1 to B -1 for future use as a service station. The above resolution was passed. ARTHUR. RUTH B. - LAND - VARIANCE Upon motion duly made and seconded, Be it Resolved, that the Variance and Rezoning of the Ruth B. Arthur land be referred to the Planning Commission for consideration. The above resolution was passed. � e•� The check for $3,684.83 for Purchase of Ferman W. Perry land has been deposi Upon motion duly made and seconded, Be it Resolved, that the Deed be recorded in the Frederick County Clerk's Office. The above resolution was passed. LAND -FILL - DU14P - CONTRACT AWARDED The Tri County Refuse Service presented a bid of $62,400.00 annually for the Iand -fill Operation at Dump. H. C. Christianson entered a bid of $27,980.00. Upon motion of Raymond C. Sandy and seconded by Donald Baughman, Be it Resolved, that the Board does award the bid to H. C. Christianson. The above resolution was passed. TRI COUNTY REFUSE SERVICE - AGREEMENT Upon motion duly made and seconded, Be it Resolved, that the Board entered into a Verbal Agreement with Tri County Refuse Service that the Dump is to be left in perfect condition at the expiration of the contract. The above resolution was passed. BARNHART, PHILIP W. & ELLEN B. - REZONING Upon motion duly made and seconded, be it Resolved, that the Board does hereby refer the petition of rezoning of Philip W. Barnhart, et al for 88,000.Sq. Feet North of Winchester on New Route 522 to the Planning Commission for consideration. 303 HIGHWAY SAFETY COMMISSION Upon motion duly made and seconded, Be it Resolved, that Donald L. Baughman be appointed Chairman of the Highway Safety Committee, the other members of the Committee, are as? follows: George Walters, Route #6, Winchester, Va. Lacy Anderson, Box 133, Winchester, Va. James Kincaid, 1318 Vanceright Circle, Winchester, Va. William Baker, Route #6, Winchester, Va. Forest Jones, ..428 W. Cecil St., Winchester, Va. (ALTERNATE) TAX MAP - PART-TIME APPRAISER Upon motion duly made and seconded, Donald L. Baughman and Thomas Brumback are hereby appointed a tax committee to meet with City on a proposal for discussion of a full -time or part -time appraiser to keep the County and City Tax Map up to date. SANITATION AUTHORITY - IAAN - REPAID The Frederick Cour;ty Sanitation Authority repaid the sum of $16,982.01 to the Treasurer in return for money loaned to them. ACCOUNTS PAYABLE Accounts totaling $25,339.03 were read and approved and ordered to be paid from the General County Funds by Warrants 4329 and 4412 inclusive: Livestock, Fowl Claim Henry Bursey's Salary totaling $643.26 were read and ordered to be paid from the Dog Fund by Warrants 154 and 158 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW l At a Regular Meeting of the Frederick County Board of Supervisors held on the 23rd day of December, 1968. PRESENT: T. B. Rosenberger, Chairman, J. Robert Russell, T. B. Brumback, Raymond C. Sandy and Donald L. Baughman. WAYNE A WHITHAM. ET AL - PETITION - REFERRED TO PLANNING COMMISSION Upon motion duly made and seconded, Be it Resolved, that the Petition of Wayne A. Whitham, et al Petition be referred to the Planning Commission for consideration. The above resolution was passed. SHENANDOAH POOLS, INC. LAND - DEFERRED ACTION Joseph A. Massie, Secretary of the Planning Commission reported to the Board that action on the re- zoning of Shenandoah Pools, Inc. land had been deferred pending further information concerning public water and sewer service. EXTENSION OF TIME - RE- ASSESSMENT OF REAL ESTATE Upon motion duly made and seconded, Be it Resolved, that the Board of Supervisors authorize the Commonwealth Attorney, E. Eugene Gunter, Petition the Circuit Court of Frederick County, Virginia, for an extension of ninety (90) days in order to complete the general re- assessment of real 304 estate in Frederick County, Virginia. The above resolution was passed. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW At the Regular Meeting of the Board of Supervisors of Frederick County, held in the Supervisors Room on the 13th day of Jaivary, 1969. PRESENT: Thomas B. Rosenberger, Chairman, J. Robert Russell, Donald L. Thomas B. Brumback, and Raymond C. Sandy. The minutes of the last meeting held on the 9th day of December, 1968 were read and approved. REPORTS: UPON MOTION duly made and seconded the reports of Harry L. McCann, Treasurer; Eaten 0. Rudolph, Commissioner of Revenue; Lacy H. Anderson, Sheriff of Frederick County, E. Eugne Gunter,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. CHAIRMAN - THOMAS B. ROSENBERGER - RE- ELECTED Upon motion duly made and seconded, Be it Resolved, that Thomas B. Rosenberger be re- elected Chairman of the Frederick County Board of Supervisors for one year. The above resolution was passed. SALARIES AND EXPENSES - APPROVED - TREASURER, COM'R. OF REVENUE, COMM. ATTY., AND SHERIFF Upon motion duly made and seconded, The Salary expense account for the year beginning on the 1st day of July, 1968 and ending on the 30th day of June, 1969, of the Treasurer, Salary, $7,500.00, Deputies, Office Assistants, $9,920.00 and other expenses, $420.00, extra help, $800.00. Total $18,640.00. The Salary expense accouht.of the Commissioner- df,Revenue, $7,250.00, Deputies, Office Assistants, $11,352.00 and other expenses, $950.00, extra help, $4,200.00. Total $23,752.00. The Salary expense account of the Commonwealth Attorney, $8,250.00, Assistant Commonwealth Attorney, $4,620.00, Secretary, $2,200.00. Total of $15,070.00. The Salary expense account of the Sheriff, $7,750.00, Deputies, $53,429.00, Total $61,179.00. The above was approved as fixed by the Compensation Board. PLANNING COMMISSION - REVISION OF PLANNING REGULATIONS Upon motion of Donald Baughman and seconded by J. Robert Russell, Be it Resolved, that the Board direct the Planning Commission Chairman to contact the State Planning Board and request them to revise the planning regulations for Frederick County, Virginia. n The above resolution was passed. 305 Upon motion of Donald Baughman and seconded by Robert Russell, Be it Resolved, that as of July 1, 1967 the General Revenue Fund is hereby abolished, that all funds received shall be credited to the respective funds as are intended. The action of the Treasurer in so applying the funds from July 1967 to this date is hereby approved and confirmed. Be it Resolved, that any balance shown on the Treasurer's records as of July 1 1967, be transferred from the General Revenue Fund to the General Fund. The above resolution was passed. Il W. F. Bonnett, appeared before the Board voicing a complaint about unnecessary noise and truck trafficcon:Merriman's Lane. He was requested to refer his request in writing to the State Highway BRADDOCK HILL ESTATES Upon motion duly made and seconded, Be it Resolved, thatthe Board does hereby approve W -D Company's land in Gainesboro District, Braddock Hill Estates for tentative approval, subject to approval of State Highway and Health Department. David Ramsey, Game Warden, gave a report of the deer kill and length of seasons for the past five years. LAKESIDE ESTATE - FINAL APPROVAL Upon motion duly made and seconded, Be it Resolved, that the'Board does hereby approve the Plat and Deed of Dedicati of Lakeside Estates for recordation. The above resolution was passed. BOARD ROOM - NEW CHAIRS Upon motion duly made and seconded, Be it Resolved, that the Board purchase 7 Chairs from B -K Office Supply for $1,100.00. The above resolution passed. COUNTY ASSESSOR - ROY JENNINGS Upon motion of Donald Baughman and seconded by Raymond Sandy, Be it Resolved, that the County Board employ Roy Jennings, present state assessor to work as county assessor at a :salary of $6,600.00 plus expenses. The above resolution was passed. Upon motion duly made and seconded, Be it Resolved, that the Board does hereby approve the refund to Donald E. of $4.49 for Personal Property Tax assessed in'two districts. The above resolution was passed. 306 SHENANDOAH POOLS, INC. - APPROVED - SET FOR PUBLIC HEARING Upon motion duly made and seconded, Be it Resolved, that the Board does hereby accept this recommendation of the Planning Commission for the petition to rezone 16.3 acres, fronting on the South side of U. S. Route 50 West and on the East side of proposed Highway No. 37, from R -1 to B -2 for the construction of a restaurant, motel and service station. The Board does hereby concur with the Planning Commission in approving the request for rezoning and does hereby advertise it for Public Hearing on February 10, 1969, at 3:00 P.M. at the County Office Building. The above resolution was passed. DUMP LAND - RIGHT OF WAY - DENIED Charles Bailey, an adjoining property owner of the Dump land made a request for a right of way easement across property at the County Dump. Upon motion duly made and seconded, Be it Resolved, the Board does hereby deny the request for a right of way across County Dump Land. The above resolution was passed. TRI COUNTY - DUMP - CHECK Upon motion duly made and seconded, Be it Resolved, that the Board withhold the check of Tri- County Refuse Service until they deduct the amount of check to be paid to E. R. Neff for services rendered at the Dump. The above resolution was passed. The Clerk of the Board and as Clerk of the Circuit Court was paid the months of April, May, June of 1968 onthe 1968 -1969 budget figures; also the Board of Supervisors were paid in July for the month of June by the new budget figures. Upon motion duly made and seconded, Be it Resolved, that the Board does hereby approve the Salary of the Clerk Board of Supervisors at the new rate. The above resolution was passed. NORTH MOUNTAIN - ADDED TO SECONDARY SYSTEM Upon motion duly made and seconded, Be it Resolved, that a section of Road known as North Mountain Road, south .45 mile from Route 620 be added to the secondary system of State Highways pursuant to Section 33-141 of the Code of Virginia of 1950, as amended; An unrestricted right of way of 40 in width is guaranteed. This right of way is recorded in the Frederick County Clerks Office in Deed Book 349 page 241 dated December 26, 1968. L The above resolution was passed. 307 LUPTON DRIVE - ADDED TO SECONDARY SYSTEM Upon motion duly made and seconded, Be it Resolved, that a section of Road known as Lupton Drive, extending west �I 20 mile from Route 789 be added to the secondary system of State Highways pursuant to Section 33-141 of the Code of Virginia of 1950, as emended; An unrestricted right of way of 40 in width is guaranteed. This right of way is recorded in the Frederick County Clerks Office in Deed Book 349 page 19 dated December 12, 1968. The above resolution was passed. el MELTON WRIGHT - SUPERINTENDENT OF SCHOOLS Upon motion duly made and seconded, Be it Resolved, that Dr. Melton Wright, Superintendant of Schools be appointed to fill the unexpired term of Robert E. Aylor which.expires June 30, 1969. Be it Resolved, that C. Edward Lizer be appointed Administrative Assistant, for a term beginning August 1, 1968 and expiring July 31, 1969• The above resolution was passed. SECOND MEETING - CANCELLED Upon motion duly made and seconded, Be it Resolved, that the meeting for January 27, 1969 is cancelled. The above resolution was passed. ACCOUNTS PAYABLE Accounts totaling $18,192.92 were read and approved and ordered to be paid the General County Funds by Warrants 4413 and 4518 inclusive: Livestock, Fowl Claim and Henry Bursey's Salary totaling $668.11 were read and ordered to be paid from the Dog Fund by Warrants 159 and 166 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on-the 10th day of February, 1969. PRESENT: Thomas B. Rosenberger, Chairman; J. Robert Russell, Donald L. Baughman, Thomas B. Brumback, and Raymond C. Sandy. The minutes of the last meeting held on the 13th day of January, 1969, were read and approved. REPORTS: UPON MOTION duly made and seconded the reports of Harry L. McCann, I I Treasurer; Esten 0. Rudolph, Commissioner of Revenue; Lacy H. Anderson, Sheriff of Freder County, E. Eugene Gunter, Commonwealth Attorney; Roberta A. James, Department of Welfare, Agnes Shirley, HOme Ddmonstration Agent; John Wolfe, County Agent and H. C. Crowder, Road Engineer were read and approved. Upon motion of Donald Baughman and seconded by Raymond Sandy, Be it Resolved, that the Board does hereby rescind its former minute on January 13 1969 and agrees to hire Assessor Roy Jennings at a Salary of $8,400.00, plus mileage. The above resolution was passed. W Russ Potts informed the Board by mail, that they wished use of the Plaza for the 1969 Apple Blossom Festival. Upon motion of Raymond Sandy and seconded by Donald Baughman, the Be it Resolved, that /Board give the Apple Blossom Committee permission to use the Plaza on April 30, May 1 and May 2 for use of Carnival equipment subject to the restrictions as written on Page 144 of this Supervisors Book. The above resolution was passed. PLANNING COMMISSION - ELMER VENSKOSKE - RE- APPOINTED; MAURICE PERRY - NEWLY APPOINTED Upon motion duly made and seconded, It is ordered that Elmer Venskoske be re- appointed to the Planning Commission, and Maurice Perry be appointed a member of the Frederick County Planning Commission in place and stead Belmont Fout, who's term has expired. The above resolution was passed. SANITATION AUTHORITY - ROGER KOONTZ - MEMBER APPOINTED Upon motion duly made and seconded, It is ordered that Roger Koontz be appointed to the Frederick County Sanitation Authority, in the place and stead of Frank Fogle who resigned. Mr. Koontz's term of office expires on April 15 1969 The above resolution was passed. Upon motion duly made and seconded, Be it Resolved, that Mrs. J. N. Clore's term of office as a member of the Northwestern Community Action has expired, it is ordered that she be re- appointed as a member of the Board of Directors. (Wrote letterelc�b8 §1 resolution was passed. WOLTZ, JUDGE ROBERT - PURCHASE OF FURNITURE Upon motion duly made and seconded, Be it Resolved, that the Board does hereby approve the purchase of a Judges Chair, Filing Cabinet, and four (4) chairs for the waiting room. The above resolution was passed. ROAD MEETING - DATE SET - MARCH 10, 1969 2 :00 P.M. Meeting. Upon motion duly made and seconded, Be it Resolved, that the Road-'Meeting be set on Monday, March 10, 1969, at Notice of same to be advertised once a week for two successive weeks after this The above resolution was passed. - GREEN ACRES SUB. - SECTION 4- 7RT 911 - TnNF. OAK CUTRnTVT4 Listed below are the Road Additions as approved by the State Highway LONE OAK SUBDMSION: West Street - from Route 641, 0.45 mile south of Route 640, east 0.43 mile to 0 cul -de -sac. LENGTH 0.43 Mi. 309 GREEN ACRES SUBDIVISION, SECTION 4: Wild Rose Circle - From Route 1204 eastward 0.10 Mile SOUTHVIEW SUBDIVISION Vine Street = from Route 522, 0.08 mile south of Route 822, eastwardly 0.25 mile ADDITION Beginning on Route 50, 0.27 mile east of Route 803, - thence extending southwardly 0.20 mile. ADDITION Route 811 Extended - from 0.35 mile north of Route 671 to 0.45 mile north of Route 671. EASTSIDE ESTATES SUBDIVISION ,AMENDMENT TO TRAILER ORDINANCE T. G. ADAMS LAND IN STEPHENS CITY LENGTH 0.10 Mi. LENGTH 0.25 Mi. LENGTH 0.20 Mi. LENGTH 0.10 Mi. W. A. Johnston, Attorney for Tbr�G::Adams., appeared before the Board explaining a Preliminary Draft Protective Covenants and Deed Restrictions; (a Mobile Home Residential Subdivison). Upon motion duly made and seconded, Be it Resolved, that the Plat and Plans of Eastside Estates Subdivision be referred to the Planning Commission for study and recommendation pending possible amendment to the trailer ordinance. The above resolution was passed. Jack Davis appeared before the Board and explained the need fop a Civic Center. Upon motion duly made and seconded, Donald Baughman, J. Robert Russell and Raymond Sandy are hereby appointed as a committee�to study the advisability of Frederick County participating in the building of a Civic Center with public funds to report back to the Board of Supervisors for possible act The above resolution was passed. Div , • • $J9,11161DI Upon motion duly made and seconded, Be it Resolved, that the Board of Supervisors of Frederick County, does hereby unanimously declare the week of February 16 through 23 1969 to be Farm Bureau Week. This resolution is made to provide full, complete and deserved recognition to the Farm Bureau Organization for its fine work throughout the preceding year and many years in the past. The above resolution was passed. COUNTY DUMP - PATROL AREA - STATE POLICE - SHERIFF Upon motion duly made and seconded, Commonwealth Attorney, E. Eugene Gunter, is directed to request Sheriff Lacy Anderson and Sgt. F. L. Wolfe to patrol the area of the County Dump for violations of State Highway littering law. The above resolution was unanimously passed. 310 SHENANDOAH POOLS. INC. - RE- ZONING - TABLED Upon motion duly made and seconded, Be it Resolved, that the re- zoning of Shenandoah Pools, Inc. property located on the Sotith side of Route x}50 West and on the East side of proposed Highway No. 37 from R -1 to B-2 is tabled pending further information to be supplied by Petitioner. ' The above resolution was unanimously passed. PLANNING COMMISSION - PROCEDURES Upon motion duly made and saconded, Be it Resolved, that the Commonwealth Attorney, E. Eugene Gunter, is directed t , write to James W. Golladay, Chairman of Frederick County Planning Commission outlining procedure to be followed in reference to rezoning. The above resolution was unanimously passed. ARTHUR, RUTH B. LADD BARNHART, PHILLIP W. LAND ----- --- - - -- -- PUBLIC HEARINGS WHITHAM, WAYNE A. LAND ) Upon motion duly made and seconded, Be it Resolved, that the Board does hereby accept this recommendation of the Planning Commission for the petitions to rezone: (1) Application of Ruth B. Arthur, owner, and Voyne B. Omps, purchaser of 3.0 acres of land on the North side of U. S. Route 50, west of Winchester in Frederick County, Virginia, idherein they request a variance in the zoning of areas designated red and blue which are deemed residential lots in red zone for the purpose of constructing a funeral ' home, and the blue area for parking for the Greek Orthodox Church adjoining the same, from Residential - limited Dist.. R -1 to Bus. Gen. Dist. B-2. (2) The petition of Philip W. Barnhart and wife to rezone a certain tract or parcel of land containing '48,000:sq. feet located on New Route 522 North of City Winchester, Virginia, on the Fast side thereof from Agricultural to General Business B-2, for the construction of a small restaurant and service station. (3) The petition of Wayne A. Whitham and others requesting the change of zoni for about 7.5 acres on Frontage Road just South of U. S. Route 50 and the Lee- Jackson Restaurant and Motel from R -1 to B-2. The Board does hereby concur with the Planning Commission in approving the request for rezoning and does hereby advertise it for Public Hearing on March 10, 1969. The following times have been scheduled for hearing: Ruth B. Arthur Land - 10:00 A. M. ' Philip W. Barnhart Land = 10:15 A. M. Wayne A. Whitham Land - 10:30 A. M. A Notice of Public Hearings listed above are to be advertised inthe Winchester Evening Star prior to the next regular meeting. The above resolution was passed. ' WILSON S. ELAINE LAND - APPLICATION FOR REZONING The Attorney for/ S. Elaine Wilson appeared before the Board asking for a change in the zoning for two lots from Residential, General District R -2 to Industrial, Limited District M -1. Upon motion duly made and seconded, Be it Resolved that the Board refer the plat and petition of S. Blaine Wilson t the Frederick County Planning Commission for their consideration. The above resolution was passed. 311 ROBINSON, J. KENNETH - LAND - REFERRED BACK TO PLANNING COMMISSION Upon motion duly made and seconded, Be it Resolved, that the petition of the land of J. Kenneth Robinson be L referred back to the Planning Commission due to the fact that the Public Hearing before the Planning Commission was not properly advertised. Thenabove resolution was passed. ACCOUNTS PAYABLE Accounts totaling $21,539.55 were read and approved and ordered to be paid from the General Funds by Warrants 4522 and 4611 inclusive: Livestock, Fowl Claim and Henry Salary totaling $735.80 were read and ordered to be paid from the Dog Fund by Warrants 167 and 176 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN At the Regular Meeting the Frederick County Board of Supervisor's held on 24th day of February, 1969. PRESENT: T. B. Rosenberger, Chairman, Raymond C. Sandy, Thomas B. Brumback, J. Robert Russell, and Donald L. Baughman. WHITHAM WAYNE A. - RE- ZONING - DISMISSED The application of Wayne A. Whitham as presented is already rezoned B-2, there- fore Public Hearing as stated in the former minute on Page 310 is hereby rescinded. Upon motion duly made_and seconded, Be it Resolved, that the petition for re- zoning of Wayne A. Whitham, et al is hereby dismissed at the request of the petitioner. The above resolution was passed. Upon motion duly made and seconded, Be it Resolved, that the Planning Commission is hereby requested to submit a 1 suggested fee schedule for re- zoning applications to the Board of Supervisor's. A copy of this resolution shall be sent to the Chairman of the Planning Commission. The above resolution was passed. ORDINANCE - TREPASSING COUNTY OWNED PROPERTY Upon motion duly made and seconded, The proposed Ordinance Section 5 -4 trepassing upon County Dump or other County owned property, is hereby passed on the first and second reading. The Public Hearing date will be set at the March meeting. The above resolution was passed. Upon motion duly made and seconded, The Chairman, T. B. Rosenberger, shall make a request to Sheriff Lacy Anderson to appear before the Board and explain the need for a Curfew in the event an emergency arises. The above resolution was passed. 312 VIRGINIA'ASSOCIATION'OF `COUNTIES - ALLOWANCE Upon motion duly made and seconded, Be it Resolved, that the Board issue a check in the amount of $155.00 to Virginia Association of Counties as our proportionate part of the estimated cost in the railroad assessment case. , The above resolution was passed. DUMP LAND - EASEMENT RIGHT OF WAY - CUTTING TREES - DENIED Upon motion duly made and seconded, Be it Resolved, that the request of Charles Bailey for an easement, right of ' way, and cutting trees, on County owned property at the Dump is hereby denied. The above resolution was passed. The County Attorney and the Commissioner of Revenue reported to the Board on property exempt from real estate taxation by the Code of Virginia, it being explained that whether Church property and similar property is taxable or exempt is based upon land usage. W el 6 r Is • a • is V • • . • • ai• Upon motion duly made and seconded, Be it Resolved, that the Board does hereby accept the recommendation of Raymond Sandy, board member to appoint Melton Wright and C. Robert Solenberger as members ' of the Community College Board. The above resolution was passed. Upon motion duly made and seconded, Be it Resolved, that Esten 0. Rudolph purchase 2 flags for the Board Room.t The above resolution was passed. ZONING MAP - RE -DRAW Upon motion duly made and seconded, E. Eugene Gunter is to write to James Golladay, Chairman of the Frederick County Planning Commission to re -draw and bring the zoning map up -to -date. RESOLUTION I BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby commend John J. Pickeral for his splendid and untiring work in conjunction with the Local Community College. The Board wishes it to be known that it well recognized that the said I , John J. Pickeral is deserving of praise for his dedicated and successful effort in securing the permanent location of the Loc94 Community College in Frederick County, Virginia. BE IT FURTHER RESOLVED that the Clerk of this Board shall send an attested copy of this Resolution to the said John J. Pickeral and shall make copies of this Resolution available to all news media. The above resolution was passed. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. D nn 1 ��