July 14, 1969339
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia,
held in the Supervisors Room on the 14th day of July, 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 9th day of July, 1969, 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 Fred-
erick 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.
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Upon motion duly made and seconded,
Be it resolved, That Marshall Williams is denied a key to the Dump.
Three of the members, Russell, Baughman, and Brumback voted for the above
motion, and Raymond Sandy abstained.
The above resolution was passed.
FORESTRY DIVISION & COUNTY AGENT OFFICES - AIR - CONDITIONERS
Upon motion duly made and seconded,
Be it resolved, That the Board approve the request for three air - conditioners
for the Forestry Division and County Agent offices.
The above resolution was passed.
WATER FLOOD CONTROL - STUDY APPROVED
Upon motion duly made and seconded,
Be it resolved, That the Board request the Highway Department to make an
immediate study of the Flood Control in the areas of Fox Drive. q
This study being brought about by the recent Flash Flood on June 22, 1969.
The above resolution was passed.
SUMMIT AVENUE - ADD TO HIGHWAY SYSTEM
Upon motion duly made and seconded,
Be it resolved, That Summit Avenue in the C. D. Dye Addition be added to the
Secondary Highway System pursuant ID Section 33-141 of the Code of Virginia as amended,
' an unrestricted right -of -way of 50 feet is guaranteed. This right -of -way is recorded
in the Clerk's Office of Frederick County in Deed Book 211, page 118, dated 8- 24 -49,
and Deed Book 215, page 462, dated 8- 15 -50.
The abutting property owners have contributed 75% of the estimated cost of
$4,000.00 for reconstructing and paving this.street. A certified check in the amount
of $3,000.00 payable to the Treasurer of Virginia is attached.
RIDGE ROAD & POTOMAC PLACE - ADD TO STATE HIGHWAY SYSTEM
Upon motion duly made and seconded,
Be it resolved, That Ridge Road and Potomac Place in Sections "D" & "E" of
Frederick Heights Subdivision be added to the Secondary Highway System of Frederick
County as follows:
Ridge Road: From Route 808 east .14 mile to cul -de -sac Length: .14 mile
Potomac Place: From Route 808 east .14 mile to cul -de -sac
Length: .14 mile
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An unrestricted right -of -way of 56 feet in width is guaranteed. This right -of-
way is recorded in the Clerk's Office of Frederick County in Deed Book 320, page 168,
dated 3- 22 -66.
These streets have been constructed by the subdivider in accordance, with the
county ordinance and the Highway Department policy for subdivision streets. They have '
been graded to a roadway width of 30 feet exclusive of ditches and have a crushed stone
base 6 inches in depth and bituminous surface treatment 20 feet in width.
WOOD AVENUE, LANNY DRIVE. LAW CIRCLE. SCOTT STREET (IN WHITTIER ACRES - SECTION 5)
ADDED TO STATE HIGHWAY SYSTEM ,
Upon motion duly made and seconded,
Be it resolved, That Wood Avenue, Lanny Drive, Lanny Circle and Scott Street
in Whittier Acres Subdivision (Section 5) be added to the Secondary Highway System of
Frederick County as folows:
LENGTH
Wood Avenue: From Whittier Avenue (Rte 1302) to Lanny Drive mile
Lanny Drive; From Wood Avenue to .02 mile North of Scott Steet .27 mile
Lanny Circle: From Lanny Drive West .02 Mile .02 mile'
Wood Avenue: From Lanny Drive East .02 Mile .02 mill
Scott Street: From Lanny Drive to Rte. 739 .06 mile
An unrestricted right -of -way of 60 feet in width is guaranteed. This right -of-
way is recorded.in the Clerk's Office of Frederick County in Deed Book 330, page 479,
dated 3- 17 -67. 1 '
These streets have been constructed by the subdivider in accordance with the
County ordinance and the Highway Department policy for subdivision streets. These
streets have been constructed forty feet in width with curb and gutter with 6" of crushed
stone base and 2" of type I -2 bituminous conmrete surface.
A letter was written to Ralph Borman explaining the action of the Board about
Buckhorn Lane taken at the June meeting of the Board of Supervisors.
B. M. K. SUBDIVISION - APPROVED
Upon motion duly made and seconded,
Be it resolved, That the Board approve for final approval the Plat and Deed
of Dedication of B.M. K. Subdivision located in Stonewall District, Frederick Co., Va.
The above resolution was passed. '
WAIELAND SUBDIVISION - APPROVED
Upon motion duly made and seconded,
Be it resolved, That the Plat and Deed of Dedication of Wakeland Subdivision
in Opequon District, Frederick Co., Va., be accepted for final approval.subject to '
approval by the Health Department.
The above resolution was passed.
SCHENCK, C. F. - REZONING - RE- ADVERTISE
Upon motion duly made and seconded,
Be it resolved, That after a Public Hearing of the above rezoning, it was
noted that the footage in the advertisement was incorrect, therefore publication again
would be necessary at the August meeting.
Public Hearing on August 11, at 3:00 P. M.
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FREDERICKTOWNE COMPANY - REZONING
Upon motion duly made and seconded,
Be it resolved, That the Plat and Petitions for rezoning of Fredericktowne
Company be referred to-the Planning Commission.
' The above resolution was passed.
STICKLEY PROPERTY - REZONING
Upon motion duly made and seconded,
Be it resolved, That the Plat and Petitions of Stickley Property for rezoning
II be referred to the Planning Commission.
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The above resolution was passed.
MADISON TERRACE - REZONING
Upon motion duly made and seconded,
Be it resolved, That the Plat and Petitions of Madison Terrace be referred to
the Planning Commission for rezoning.
The above resolution was passed.
NANNIE 0. CHOUCLERIS. ET AL - REZONING - FINAL APPROVAL
Upon motion duly made and seconded,
AN ORDINANCE AMENDING THE ZONING ORDINANCE SO
AS TO CHANGE THE DISTRICT BOUNDARY OF AREA R -2
IMMEDIATELY SOUTH OF ROUTE 622 (Cedar Creek Grade)
AND WEST OF AREA B-2
' Whereas, after due reference, publications and public: hearings held as
provided by law, the Frederick County Planning Commission has recommended and reported
favorably upon tho6etition for rezoning of Nannie 0. Choucleris, Millard.G. Allen,
Helen C. Allen, Annie L. Kline and Safeway Stores, Inc. and the Frederick County Board
of Supervisors has found that public necessity, convenience, general welfare and good
zoning practice required the hereinafter set forth rezoning amendment, NOW THEREFORE
BE IT UNANIMOUSLY RESOLVED that the boundary of Zone R -1 be changed from the line 400
feet west of U. S. Route 11 and south of Route 622 to 570 feet west of U. S. Route,ll
and south of Route 622 570 feet, thence south 570 feet from Route 622, parallel to
U. S. Route 11 and thence east 170 feet, parallel to the south side of Route 622, to a
point 400 feet west of U. S. Route 11 and thence North with the former boundaries so
that the area beginning 400 feet west of U. S. Route 11 and south of State Route 622
(Cedar Creek Grade) and west along the south side of Route :622 for a distance
' of 176 feet and south t betweeen parallel lines, a distance of 400 feet be included
henceforth in area B-2.
The above resdution was passed.
BOYCE, ROY - REZONING - PUBLIC
' Upon motion duly mad
Be it resolved, That
Boyce Land on August 11, 1969,
The Above resolution
HEARING
3 and seconded,
the Board does hereby set a Public Hearing for the Roy
at 3:15 P.M.
was passed.
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C. D. HYLTON - REZONING- PUBLIC HEARING
C. D. Hylton rezoning on August 11, 1969 at 3:30 P.M.
The above resolution was passed.
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Planning Commission make every effort to see that the Notices of Public Hearing in
the newspaper are absolutely correct. The Board has suffered undue embarrassments,
arising from mistakes in printing of publications.
The above resolution was passed.
Upon motion duly made and seconded,
to purchase additional furniture for Juvenile and Domestic Relations Court.
The above resolution was passed.
DESTRUCTION OF SUPERVISOR'S BILLS AND DUPLICATE CHECKS
Upon motion duly made and seconded,
and Duplicate Checks before 1963 according to Code Section 15.1 -547;.
The above resolution was passed.
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in the newspaper to be sold by sealed bids, such bids to be opened at the August
Board meeting.
Upon motion duly made and seconded,
Be it resolved, That the Board does hereby set a Public Hearing for the
Upon motion duly made and seconded,
Be it resolved, Thtt the Board would request that the Secretary of the
Be it resolved, That the Board approve the request of Judge Carle F.
Be it resolved, That the Board does hereby destroy all Supervisor's Bills
Upon motion duly made and seconded,
Be it resolved, That the Sheriff advertise the Sale of Used Sheriff's Cars
The above resolution was passed.
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Week
Upon motion duly made and seconded,
Be it resolved, That the Board proclaim the week of July 20 - 26 Farm Safety
The above resolution was passed.
Upon motion duly made and seconded,
Be it resolved, That the Board approve the request of Roy Jennings to use
the County Gas from the Sheriff's office to be used for County business.
The above resolution was passed.
Upon motion duly made and seconded,
Be it resolved,.That the'Ordinance Specifying and Regulating the Use of
the Frederick County - Winchester Landfill Garbage Dump and Establishing Procedures,
Rates, and Fees for the Use Thereof by Firms, Businesses, and Corporations Located
Within the County of Frederick and City of Winchester, Virginia, be passed on the
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First and Second Reading.
A Public Hearing is set for August 11, 1969, at 11:00 A.M.
TREASURER - UNEXPENDED BALANCE SCHOOL FUND
Upon motion duly made and seconded,
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The Treasurer reported that there is an unexpended balance in the School Building
Fund of $16,726.99. It is ordered that this money be reappropriated to the School Building
Fund in addition Ao.their budgeted amount.
The above resolution was passed.
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DOWELL J. HOWARD VOCATIONAL HIGH SCHOOL - NEW DRIVER TRAINING FACILITY
The next item of business was the proposed construction of a new driver training
facility at Dowell J. Howard Vocational High School, to serve the City of Winchester, Fred-
erick County and Clarke County. Preliminary plans for the construction of this facility
were presented and discussed. The estimated cost of construction is $40,000.00, 50$ of
which is expected to be reimbursed by the Federal Government under the United States
Highway Safety Act of 1966. The remainder of the cost would be paid 50% by Frederick
County, 30% by the City of Winchester, and 20% by Clarke County.
Upon motion duly made, seconded and Unanimously carried, it was,
RESOLVED: That the preliminary plans for the construction of a driver training
facility at the new vocational high school at an estimated cost of $40,000.00
be, and they are hereby approved.
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FURTHER RESOLVED: That funds be made available for Frederick County's share of
the cost of the construction of this facility, as required.
BE IT FURTHER RESOLVED: That a certified copy of this resolution be furnished
the governing bodies and School Boards of the Counties of Frederick and Clarke
and the Chairmen of the Highway Safety Commission of each jurisdiction.
The above resolution was passed.
COMMUNITY COLLEGE - ADDITIONAL SHARE APPROVED
Upon motion duly made and seconded,
Be it resolved, That the Board does hereby approve the additional request of
$775.00 as the proportionate share of cost for the additional land purchased for Community
College land.
The above resolution was passed.
ZONING APPEALS BOARD - MEMBER APPOINTED - ALSON H. SMITH
Upon motion duly made and seconded,
Be it resolved, That the Board reappoint Alson H. Smith to the Zoning Appeals Board
for a four -year term.
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The above resolution was passed.
PAUL ENSOGNA PROPERTY - REZONING - PUBLIC HEARING
Upon motion duly made and seconded,
Be it resolved, That the rezoning petition of the Paul Ensogna land be set for
Public Hearing on August 11, 1969, at 3 :45 P.M.
The Above resolution was passed.
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Upon motion duly made and seconded,
Be it resolved, That the Board of Supervisors of Frederick County hereby
accepts and approves the 1969 -70 Secondary System Maintenance, Maintenance Replacement
and Construction Budget for the Highway Department for Frederick County.
The above resolution was passed.
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Upon motion duly made and seconded,
Be it resolved, That the Board cancel the night meeting in July.
The above resolution was passed.
The Clerk is instructed to write to Duncan Parking Meter Corporation in regard
to installing new meters on the County Plaza Lot.
Upon motion duly made and seconded,
Be it resolved, That the Planning Commission passed a resolution recommending
to the Board of Supervisors that they re -zone the West side of Route 644 known as the
Paper Mill Road, commencing at what is known as Boone "s Lane, or Lot 8 in Milton Valley
Subdivision extended, and second addition to the original plat Northwardly to Mill Creek
Road now known as Weems Lane, from R -2 to B-2. This would change the zoning of Lots
8 and 7 from M -1 to B-2. Lot 8 has located upon it the shop of Blaine Wilson, a building
contractor. Lot 7 is presently vacant. Lot 6 is vacant. Lot 5 bears the home of A. W.
Good. Lot 4 bears the home of Mrs. Henry Seal. Lot 3 bears the home of Mrs. Edna Rudolph
Lot 2 has locatedlupon it Grim's Store owned by Newton Shingelton, and Lot 1 is vacant
but owned by Newton Shingelton.
It was the opinion of the Planning Commission that the West side of Paper
Mill Road, Route 644, is becoming and should be, from the City Limits to Pleasant
Valley Subdivision, zone designated as B-2, but that this section should first be
considered for re- zoning.
The above is set for Public Hearing on August 11, 1969, at 11:30 A.M.
ACCOUNTS - PAYABLE
Accounts totaling $25 were read and approved and ordered to be paid from
the General County Fund by Warrants No. 4947 and 5043 inclusive: Livestock, Fowl Claims
and Henry'Bursey's Salary totaling $936.84 were read and ordered to be paid from the.Dog
Fund by Warrants No. 210 and 224 inclusive.
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