March 10, 1969 to March 24, 1969313
At the Regular Meeting of the Board of Supervisors of Frederick County,
Virginia, held in the Supervisors Room on the 10th day of March, 1969.
PRESENT: Thomas B. Rosenberger, Chalrman;;J. Robert Russell, Donald L.
Baughman Thomas B. Brumback, and Raymond C. Sandy.
The minutes of the last meeting held on the 10th day of February, 1969,
' were read and approved.
REPORTS: UPON MOTION duly made and seconded the reports of Harry L. McCann,
Treasurer; Esten 0.' Rudolph, Commissioner of Lacy H. Anderson, Sheriff of
County, E. Eugene Gunter, Commonwealth Attorney;_Roberta A. James, Department of Welfare,
Agnes Shirley, Home Demonstration Agent; John Wolfe, D6unty Agent and H. C. Crowder, Road
Engineer were read and approved.
'' 1;1L"•�. � ' • � ' M• : cam
Upon motion duly made and seconded,
Be it Resolved, that Lee Ebert be appointed County Surveyor for Frederick
County for a term beginning January 1, 1969 and ending December 31, 1973.
The above resolution was passed.
Upon motion of Donald Baughman and seconded by J. Robert Russell,
Be it Resolved, by the Board of Supervisors of the County of Frederick, Virg
that the said Board hereby expresses its willingness to negotiate with the Counsel of the
' City of Winchester, Virginia with respect to the prepartAtion of a joint agreement for.
the consolidation of the County of Frederick and the.City of Winchester; and to that end,
and pursuant to the provisions of Article 4 of Chapter 26 of Title 15.1 of the Code of
Virginia, as now in force, hereby appoints Robert E. Aylor, W. E. Edwards, and J. Kenneth
Robinson as a committee. The committee is authorized to meet and negotiate for andrunder
the direction and supervision of the Board, with the Advisory Committee of the City with
respect to the preparation of such agreement. The Clerk of the Board of Supervisors is
directed to transmit an attested copy of this Resolution to the Counsel of the City of
Winchester, Virginia.
The above resolution was unanimously passed.
ARTHUR. RUTH B. _LAND (OWNER - REZONED
' Upon motion of J. Robert Russell and seconded by Raymond Sandy,
Be it Resolved, that after duly advertised Public Hearing, the Board does
hereby approve the recommendation of the Planning Commission for rezoning of 3.0 acres of
land on the North side of U. S. Rte. 50, West of Winchester in Frederick County, Virginia,
the blue area
wherein they request a
variance
in the coning of areas
designated red
and blue which are
'
I 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 adjoinkgthe same, from Residential
Limited Dist.
R -1
to Bus.
Gen.
Dist. B-2.
The above resolution was passed.
Y O
Upon motion of J. Robert Russell.and seconded by Raymond Sandy.
Be it Resolved, that after duly advertised Public Hearing,the Board does
hereby approve the recommendation of the Planning Commission for rezoning of a certain
314
tract or parcel of land containing 48,000 sq. feet located on New Rw to 522 North of
City of Winchester, Virginia, on the East side thereof from Agricultural to General
B-2, for the construction of a small restaurant and service station.
The above resolution was passed.
CURFEW -
TABLED
Sheriff Lacy Anderson gave a report of the need for a Curfew in Frederick
'
County, Virginia.
No action was taken by the Board, pending further study.
NO TERN
VIRGINIA COMMUNITY ACTION - REPORT
Board supervisors on
'
Mrs. Thelma Clore, Representative of Frederick County of
Board of
Directors of N. W. Va. Community Action, Inc., gave a report of the program conducted
June 10,
through September 1, 1968.
CIVIL DEFENSE
- RADIO
Upon motion df J. Robert Russell and seconded by Ramond Sandy,
Be it Resolved, the Board approves the request of sheriff Lacy Anderson to
purchase
a Radio for Civil Defense to be located at Handley School.
The above resolution was passed.
TANDFI T
SCHOOL - PAY EXPENSES - H C CHRISTIANSON
Upon motion of Donald L. Baughman and seconded by J. Robert Russell,
Be it Resolved, the Board approves the allowance to H. C. Christianson for
attendance at Landfill School in LaPlata, Maryland.
'
The above resolution was passed.
COMMUNITY
COLLEGE - PURCHASE LAND
Upon motion duly made and seconded,
Be it Resolved, that the Board buy an additional 1.55 acres of land for the
Community College site. The Board agreed to pay their share of cost..
The above resolution was passed.
G LAIZE DEVELOPMENT
INC HARRISON AVENUE - DRAINAGE WAS'
Upon motion duly made and seconded,
Be it Resolved, that the Board does hereby approve the Easement of a
drainage
ditch for purpose of draining Harrison Avenue in Haldeman Lots west of Route
644, in
Frederick County, Virginia, and order it to be recorded.
,
The above resolution was passed.
LAW ENFORCEMENT
- OMNIKJ$ CRIME CONTROL AND SAFE STREETS ACT
Upon motion duly made and seconded,
Be it Resolved, that Frederick County not participate in the Planning of
'
the Law
Enforcement Administration under the Omnibus Crime Control and Safe Streets Act
at this
time. The Commonwealth Attorney, E. Eugene Gunter was directed to notify the proper
parties.
The above resolution was passed.
315
IO DID A • 1 rI ; N• 1 I I
Upon motion duly made and seconded,
Be it Resolved, that the Plats of Shawneeland, Final Plat No. 1, Section 12,
and Plat 2, Section 12 be accepted for final approval and deed of dedication is toube
recorded.
I
The above resolution was passed.
MIMS I 1 Y i' \ il:rlgBli 1 / ;d1 \ ' Mllal• N I A
Upon motion duly made by Raymond Sandy and seconded by J. Robert Russell,
' Be it Resolved, that in conformity with Section 58 -478.1 the Treasurer of
Frederick County is hereby directed to apply to the State Tax Commissioner for 80% of the
amount of taxes paid by the Western Frederick Bank on its shares of stock.
The above resolution was passed.
0 . ^..,.. I III / I:41 •/-
Upon motion of Thomas B. Brumback and seconded by Donald L. Baughman.
Be it Resolved, that the Board set the Public Hearing for the Ordinance of
Trespassing on County owned property on Monday, April 14 1969 at 11:00 A. M. in the
Board Room of the County Office Building.
The ordinance was passed on the third reading.
.� \tl.l ^ �. ^; / .. .�� 1 ^:I,'_� 111•
A complaint was voiced concerning the Offensive Odor near the Winchester
Disposal Plant.
Upon motion of Donald Baughman and seconded by J. Robert Russell,
Be it Resolved, that Eugene Gunter Commonwealth Attorney write a letter to
Wendell Seldon City Manager concerning the matter.
The above resolution was passed.
Upon motion duly made and seconded,
Be it Resolved, Eugene Gunter, Commonwealth Attorney is to write a letter to
and Winchester Postmaster
the Berryville Postmaster/that the Frederick County Board of Supervisors agree to cooperate
with Postal authorities in giving the•Houses on Rte. 1 Berryville address a number.
The above resolution was passed.
' AWNING SIDE DOOR COUNTY OFFICE BUILDING
The Board granted permission to William Ware to install an awning over side
door of building of which he is a tenant at his own expense.
jjjj UX ' IjIUia!E4- I :1: • / A :a 1
Upon motion duly made and seconded,
Be it Resolved, that the Board willc.appoint Viewers for this year at
the Meeting on March 24, 1969.
The above resolution was passed.
316
The members
of the
Board
have
been invited to a Dinner Meeting with Chamber
of Commerce on March 18,
1969, at
6:00
P. M.
at Shawneeland.
Upon motion of Donald Baughman and seconded by Raymond Sandy,
Be it Resolved that the Board approve the Amendment to the Trailer Ordinance
on the first and second reading.
The third and final reading to be at the March 24 meeting.
The above resolution was passed.
ZONING ORDINANCE - CHANGE IN SECTION 4 -1 -1 AND SECTION 5-1 -1
Upon motion duly made and seconded,
Be it Resolved, that the Board approve changes in the Zoning Ordinance on the
first and second reading as follows:
AN ORDINANCE TO REPEAL AMEND, AND REENACT, 4 -1 -1 of the ZONING ORDINANCE
OF FREDERICK COUNTY, VBGINIA, AS NOW IN FORCE, TO ELIMINATE HOUSE T RAILERS ,
MOBILE HOMES, AND SIMILAR STRUCTURES ASPBEING PERMITTED USES IN RESIDENTIAL,
LIMITED, DISTRICT R -1,
4 -1 -1. Single - family dwellingrAxcept house trailers, mobile homes, and
similar structures.
AN ORDINANCE TO REPEAL, AMEND, AND REENACT, 5-1 -1 OF THE ZONING ORDINANCE
OF FREDERICK COUNTY, VIRGINIA, AS NOW IN FORCE, TO ELIMINATE HOUSE TRAILERS,
MOBILE HOMES, AND SIMILAR STRUCTURES AS BEING PERMITTED USES IN RESIDENTIAL,
GENERAL, DISTRICT R -2.
5-1 -1. Single - family dwellings except house trailers, mobile homes, and
similar structures.
The third and final reading to be at the March 24th meeting.
600
Rt.
614
Near Rt.
621
Rt.
628
Rt.
622
608
Mt.
Williams
Rt.
50
New
Addition McFarland Hollow
Constuction
622
Rt.
620
St.
629
New Addition
New Addition
New Addition
. .�: MO
622 .60 Miles West of Rt. 11
654
Rt.
671
Rt.
674
696
Rt.
127
Rt.
522
746
Rt.
522
Dead End
608
End
Constuction
Rt. 522
608
Rt.
731
Rt.
681
739
Reconstruct No
Reconstruct Yes
Improve 7 Curves No
& Icy Spots &
High View Manner Lake
From 817 South No
Improve Curves
& 2 Humps- Repaving
From
Rt. 750
To
.40 Miles South
From
Rt. 50
to
North Mountain
.50
Miles
From Rt. 622
To
.10 Miles South
Reconstruct
Improve Vertical
Curve
GAINESBO DISTRICT
S ag?Iizzeain &
Reconstruction
No
Mrs. Anna
Harold Cooper &4
Mrs. Roland Brow
&4
Harley Barker &
Roland Snapp & 2
Yes
T.
B.
Ros
No
T.
B.
Ros
No
T.
B.
Ros
No
T.
B.
Ros
No Stewart Be11.
No Mrs. Albert Lu
& 1
No Mrs. Jane Dick
Reconstruction No
Bituminous Surface
Grade, Drain, Stablize
& Surface Treat No
Grade, Drain, Stablize
& Surface Treat Yes
Bridges on Rt. 37 Yes
Russell Sutphin
Ray Boyce
Richard Cather
B. F. Strother
J. Robert Russe
& 2
11
1
7
317
COMMUNITY COLLEGE - REQUEST FOR ADDITIONAL MEMBER
Upon motion duly made and seconded,
Be it Resolved, that the Board write to the Department of Community Colleges
concerning the advisability of an additbnal member on the College Board.
The above resolution was passed.
(Answered 3- 13 -69)
LUPTON DRIVE - ADDITIONS
NORTH MOUNTAIN ROAD
The following additions were accepted by the State Highway Department as fo
ADDITION LENGTH
Lupton Drive - from Route 789, 0.50 mile North -
' of Route 679, thence extending westwardly 0.20 Mile
to dead end. 0.20 Mil
ADDITION LENGTH
North Mountain Road - from Route 620, 1.50 Miles
West of Route 622, thence extending southwardly
0.45 Mile to Dead End. o.45 Mil
ACCOUNTS PAYABLE
Accounts totaling $20,142.89 were read and approved and ordered to be paid from
the General County Funds by Warrants 4612 and 4696 inclusive: Livestock, Fowl Claim and
Henry Bursey's Salary totaling $822.19 were read and ordered to be paid from the Dog
Fund by Warrants 177 and 184 inclusive..
ROUTE FROM
TO
TYPE OF WORK
PETITION
REPRESENTED BY
705
Rt.
522
Rt. 703
Widen,& Stabilize
No
J. Robert Russel
696
Rt.
522
West Virginia
Improve
No
J. Robert Russe,
Line:
:677
Rt.
739
Rt. 672
Reconstruct
No
J. Robert Russel
689
Rt.
600
Rt. 600
Spot Widen
No
J. Robert Russel
671
Rt.
681
Back Creek
Reconstruct
No
J. Robert Russel
692
# # #
Rt.
# # # # # # # # # #
671
# # # ## #
Rt. 6o
# # # # # # # # # # # ##
3 en
#
No
J Robert Russel
®PERxTON
IIISTRIC # # # # # # # # # ## # # # # # # ## # # # ## # ## # # # # # # ##
629
Rt
631
Rt 625
promT� vement
Yes
Philip Whitney
636
Rt.
640
Rt. 641
Reconstruct
Yes
D. Russell
640
Rt
639
Warren County
Line
Reconstruct
Yes
Frank Quinn
New
Addition Buckhorn Lane
Warren County
No
Ralph Borman &
Rt. 637 to
Ralph Borman Entrance
New
Addition
Extend Rt. 1012
Yes
Harry Ritenour
.70 Miles
1 House
New
Addition
From End 1015
No
R. C. Sandy
To Rt. 11
631
Rt.
648
Rt. 629
Improve Curve
No
R. C. Sandy
627
Rt.
81
Warren County
Improve Drainage
No -
R. C. Sandy
Line
at Self Property
SHAWNEE
DISTRICT
New
Addition Summit
Avenue
Dye Subdivision
Yes
Mrs. Larew & 1
Rt. 644 Rt. 834
New
Addition
Harrison Avenue
No
D. L. Baughman
Rt. 644 West
New
Addition
Brown Street
No
D. L. Baughman
Rt. 77 1i 4 1 4 North
STONEWALI,
656
Rt.
7
Rt 661
Reconstruct
Yes
Robert C. Cunnir:
663
Rt.
672
End of Hard
Reconstruct &
No
T. B. Brumback he
Surface
Surface Treat
669
Improve Railroad
No
T. B. Brumback
Crossing
COMMUNITY COLLEGE - REQUEST FOR ADDITIONAL MEMBER
Upon motion duly made and seconded,
Be it Resolved, that the Board write to the Department of Community Colleges
concerning the advisability of an additbnal member on the College Board.
The above resolution was passed.
(Answered 3- 13 -69)
LUPTON DRIVE - ADDITIONS
NORTH MOUNTAIN ROAD
The following additions were accepted by the State Highway Department as fo
ADDITION LENGTH
Lupton Drive - from Route 789, 0.50 mile North -
' of Route 679, thence extending westwardly 0.20 Mile
to dead end. 0.20 Mil
ADDITION LENGTH
North Mountain Road - from Route 620, 1.50 Miles
West of Route 622, thence extending southwardly
0.45 Mile to Dead End. o.45 Mil
ACCOUNTS PAYABLE
Accounts totaling $20,142.89 were read and approved and ordered to be paid from
the General County Funds by Warrants 4612 and 4696 inclusive: Livestock, Fowl Claim and
Henry Bursey's Salary totaling $822.19 were read and ordered to be paid from the Dog
Fund by Warrants 177 and 184 inclusive..
318
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
At the Regular Meeting of Frederick County Board of Supervisors held on the
24th day of March, 1969. '
PRESENT: T. B. Rosenberger, Chaii3nan, Thomas B. Brumback, J. Robert Russell,
Donald L. Baughman, and Raymond C. Sandy.
TRAILER ORDINANCE - AMENDMENT -
THIRD AND FINAL READING
'
Upon motion of Donald L.
Baughman :and secondedby Raymond C.
Sandy.
Beit Resolved, the Board
passed th Amendment of the Trailer
Ordinance on the
third and final reading and Notice
of Public Hearing to be held Apri1:14,
1969 at 3:00 EM.
and ordered to be published in the
Winchester Evening Star.
The above resolution was
passed.
ZONING ORDINANCE - CHANGE IN SECTION 4 -1 -1 and SECTION 5 -1 -1.
Upon motion of Donald L. Baugbman.and seconded by Thomas B. Brumback,
Be it Resolved, the Board passed the Change in Section 4 -1 -1 of the Zoning
Ordinance on the third and final reading on Notice of Public Hearing to be held April 14,
1969 at 3 :15 P. M. is ordered published in the Winchester Evening Star.
The above resolution was passed.
Upon motion of Donald Baughman and seconded by Raymond Sandy.
Be it Resolved, the Board passed the Change in Section 5 -1 -1 of the Zoning
Ordinance on the third and final reading, a Notice of Public Hearing to be held on April 14,
1969, at 3:30 P. M. is ordered published in the Winchester Evening Star.
The above resolution was passed.
JUNK CARS - FREDERICK HEIGHTS SUBDIVISION
An interested citizen appeared before the Board objecting to Junk Cars parked on
a lot in Frederick Heights Subdivision.
- TO
Upon motion duly made and seconded,
a
A Committee was.appointed to work with Commonwealth Attorney, E. Eugene Gunter to
establish a Nuisance Ordinance. The Committee consists of Donald Baughman and ,,T. Robert
Russell.
RE- ZONING - SCHENCK FOODS COMPANY
Lewis Costello, Attorney for Schenck Foods Company, presented a petition for
re- zoning of property mined by Schenck Foods Company on the corner of Commerce Street and
Paper Mill Road in Frederick County, Virginia.
Upon motion of Donald Baughman and seconded by Thomas B. Brumback.
Be it Resolved, that the plat and petition of Schenck Foods Company be referred
to James Golladay, Chairman of the Frederick County P lanning Commission.
The above resolution was passed.
319
C • , 1 /Ill - 10 4 1 N
It appearing to the Board that it is necessary to have Road Viewers,
Upon motion duly made and seconded,
It is ordered that the following be appointed Road Viewers for Frederick County:
Gainesboro - E. W. Adams, Jr.
' Back Creek - Oren D. Snapp
Stonewall - G. G. Teets, Jr.
Opequon - Harry Ritenour
Shawnee - Lewis Lamp
The date for viewing Roads is set for April 2, 1969 at 9:00 A. M.
The Budget meeting of Board is set for Tuesday, April 1, 1969, at 7:00 P. M.
r
PLANNING COMMISSION MEMBER - RE- APPOINTED - JAMES L. GOLLADAY
Upon motion of Raymond Sandy and seconded by Thomas B. Brumback,
It is ordered that James L. Golladay be re- appointed a member of the Frederick
County Planning Commission for a term beg 4 on April 10, 1969.
The above resolution was passed.
DUMP - RULES AND REGULATIONS
E
The rules and regulations applicable to County Dump were presented to Board for
study and consideration . A copy is to be sent to H. C. Christianson, who is managing the
Can my Dump.
ROADS - RIGHT OF WAY SPECIFICATIONS
The right of way specifications for parcels of land over 3 acres were referred to
the Highway Department for study, and also discussed were the weight limits of bridges on
highways.
COMMUNITY COLLEGE - LAND FOR SITE
Mr. E. Eugene Gunter gave a report saying he had contacted J. Frederick Larrick
" I
and J. Randolph Larrick, Attorneys', and that the Title to the land for the College had
been certified to his satisfaction.
WINCHESTER DISPOSAL PLANT - OFFENSIVE ODOR
E. Eugene Gunter reported that a letter was written to City Manager, Wendell
n
J
I
Seldon and a reply was received from him saying the City of Wim hester would be obliged to
do nothing in regard to the offensive odor.
r