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September 22, 1969 to December 22, 1969355 At the Regular Meeting of the Frederick County Board of Supervisor's held on September 22, 1969. PRESENT: T. B. Rosenberger, Chairman, T. B. Brumback, J. Robert Russell, Donald L. Baughman and Raymond C. Sandy. S HENANDOAH VALLEY MUSIC FESTIVAL - RESOLUTION Upon motion of J. Robert Russell and seconded by Raymond Sandy, Be it Resolved, WHEREAS, the Shenandoah Valley Music Festival has, for seven years, summertime performances of the world's finest music by.a fully professional symphony orches to young people and adults alike; and WHEREAS, the people of the Shenandoah Valley and the Commonwealth of have enthusiastically supported the efforts of the Shenandoah Valley Music Festvial to performances of fine music at low costs; and WHEREAS, THE Shenandoah Valley Music Festival has greatly enriched the life of the Valley and the Commonwealth and is considered one of the area's truly outstanding cultural assets, as well as a national attraction; and WHEREAS, the Shenandoah Valley Music Festival depends on local and county government, business and private giving, and ticket sales; but depends most heavily on appropriations made by the General Assembly and administered through the Old Dominion Council; and WHEREAS, the Old Dominion Symphony Council has proposed a "Giant Step" of state support for the Commonwealth's nine resident orchestras for the 1970 -1972 biennium, therefore be it RESOLVED, that the Frederick County Board of Supervisors go on record as approving the aims of the Shenandoah Valley Music Festival and the efforts of the Old Symphony Council to obtain state support for the resident orchestras it represents; and be it I further RESOLVED, that this Board of Supervisors request the Governor and the Assembly to consider favorably the Shenandoah Valley Music Festival's request for funding for the 1970 -1972 biennium as proposed by the Old Dominion Symphony Council; and that a copy of this resolution be forwarded to Governor Mills Godwin for his consideration in making his budget recommendations to the 1970 General Assembly. The above resolution was passed. EXECUTIVE SESSION - BOARD OF SUPERVISOR'S & PLANNING COMMISSION Upon motion of Donald Baughman and seconded by Raymond Sandy, i Be it Resolved, that the two boards go into executive session to discuss cooperation between the Board of Supervisors and the Planning Commission. SENSENEY ELEMENTARY SCHOOL - ADDITION - APPROVAL Mr. Melton Wright appeared before the Board requesting an addition of six rooms to the Senseney Road Elementary School. Upon motion of J. Robert Russell, and seconded by Raymond Sandy, Be it Resolved, the Board does approve $200,000.00 request for six rooms and could go to maximum of eight rooms if needed. The above resolution was passed. 356 •� � � i� •�• � •:• � �:,n �-n •eau .• •r :�•� �• �• •� ��• N CLERK I At the Regular Meeting of the Board of Supervisors of Frederick County, ' Virginia, held in the Supervisors Room on the 13th day of October, 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 8th day of September, 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 Frederick 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. COUNTX HITCHING YARD PARKING LOT - PERMISSION TO IMPROVE Richard Martin of the Winchester Parking Authority appeared before the Board asking permission to improve County Hitching lot along with City portion of Parking lot. Upon motion of Donald Baughman and seconded by T. B. Brumback, Be it Resolved, the Board does hereby give the City permission to proceed with improvements of the County portion of the Hitching lot, and the Board will either pay them ' the proportionate cost of project or make arrangements for rental by the CityparI( By recorded vote, Donald L. Baughman, T. B. Brumback, and J. Robert Russell voted for the resoltuion and Raymond Sandy voted against it. The above resolution was passed. PEW'S - RENT ONE ROOM - WISECARVER BUILDING Upon motion duly made and seconded, Be it Resolved, that the Board rent a large room to J. C. Penny Company for\ 2- months at $25.00 per month. The above resolution was passed. DOG WARDEN - JOSEPHF ' Upon motion of J. Robert Russell and seconded by T. B. Brumback, Be it Resolved, that the Board do employ Joseph Palmer as Dog Warden, at a salary of $4,800.00 plus car and expenses furnished, effective October 15, 1969. The above resolution was passed. NIGHT MEETING - OCTOBER 27, 1969 ' The Board of Supervisors will hold a night meeting,.on Monday October 27, 1969 at 7:30 P.M. SHAWNEE-LAND -- FINAL APPROVAL - 51 LOTS Upon motion of Robert Russell and seconded by Donald L. Baughman, Be it Resolved, that the Board does receive and approve the Deed of Dedication it and Plats of Shawnee -land for Beaver Lake, Final Plat, Section.16, Plat No. 1 and Plat No. 2, in Back Creek D,ptrI90t Frede icl County Virginia. e ab reso ut on was Massed. 357 Upon motion of T. B. Brumback and seconded by Donald L. Baughman. Be it Resolved, that the Board does hereby approve for Final Approval the Plat and Deed of Dedication of Section A, Starbrook Acres, located about 3 miles East of Winches II in Stonewall District, property of Howard P. Starliper, et ux. The above resolution was passed. `. I:ii,',1•••' ►• fit' Y •, ••Y The Board of Supervisors requested the Clerk to write a letter to Ralph Poe ' asking him to direct his request to the City about an entrance from College Property over to the road going from the Winchester Park to Route 50, as a caution light at the entrance would notlbe.,feasible at time. Upon motion of J. Robert Russell and seconded by Raymond Sandy, Be it Resolved, the Board does hereby approve a variance to the Subdivision Ordinance for a lot of 1.00 acre of property near Bethel Church in Gainesboro District belonging to Earl Haines, Inc. The above resolution was passed. LIGHTING - CITY LIMITS TO MERRIMAN'3 LANE ' Lee G. Martin,-Representative of Potomac Edison Company presented a sketch of additional lighting from Winchester City Limits to Merriman's Lane at a rental cost of $330.50 per month. The Board decided to take no action at this meeting. Upon motion of Donald Baughman and seconded by T. B. Brumback. Be it Resolved, after duly advertised Public Hearing the following Ordinance for Trash Hauling is hereby enacted: 81•i• • 1 • 1 1' • `�: p • • • • It shall be.unlawful for any person to haul garbage or trash on the public roads of this County without the said garbage and /or trash being covered and secured in such a ' manner so as to make it impossible for the said garbage and /or trash to blow from or escape from the vehicle in which it is being transported. Any person convicted of violating this Ordinance shall be punished by the imposition of a fine not to exceed Two Hundred Dollars ($200.00). BOYCE, ROY R._ - REZONING - REFERRED TO PLANNING COMMISSION KELSOE, ROBERT E. - Upon motion of T. B. Brumback and seconded by J. Robert Russell, Be it Resolved, that the Plat and rezoning petition of Roy R. Boyce and Robert Kelsoe be referred to the Planning Commission. 358 U '• • •a •mil HAL DEMAN LOTS n:• • •• TO SECONDA M C. D DYE SUBDIVISIO The following are additions added to the Secondary System of Frederick County Virginia: As requested in resolution by your Board on July 14, 1969, the following ' addition to the Secondary System of Frederick County is hereby approved, effective August 26, 1969• ADDITION �. C. D. DYE SUBDMSION ' Summit Avenue - beginning on Route 644, 0.03 mile north of Route 652, thence extending westwardly 0.31 mile and intersecting Route 834 at a point 0.25 mile south of Route 644. 0.31 Mi. As requested in resolution by your Board on June 9, 1969 the following to the Secondary System of Frederick County is hereby approved, effective August 14, 1969. ADDITION LENGTH Buckhorn Lane - from Warren County Line to 0.21 mile north. 0.21 M1. As requested in resolution by your Board on June 9, 19 the following addition ' to the Secondary System of Frederick County is hereby approved, effective July.l, 1969. ADDITION LENGTH Harrison Avenue - beginning on Route 644, 0 .63 mile north of Route 522, thence westwardly 0.14 mile to dead end. 0.14 Mi. The Clerk was to contact John Hoover to repair the concrete sidewalk in front and side of Frederick County Court House. Upon motion of T. B. Brumback and seconded by Donald Baughman, Be it Resolved, that Lee Place, of Falling Waters, West Virginia is hereby granted a permit for a single trailer located off Route #11 North. , TRAILER ORDINANCE - AMMM4E F!' - PUBLIC HEARING Upon motion duly made seconded, Be it Resolved, that the Board does hereby approve the Amendment to the Traile Ordinance (Section 20 -19) on the first and second reading. I ' A Public Hearing on the above amendment will be held November 10, 1969 at 3:00 P. M. AMENIM W TO TRAILER ORDINANCE - NOTICE OF PERSONS IN VIOLATIONS Upon motion duly made and seconded, Be it Resolved, that a Notice will be prepared, published and advertised in the Winchester Evening Star advising the public that those in violation of Section 20 -19 amendment to Trailer Ordinance will be prosecuted after November 1, 1969. I+ The above resolution was passed. fl � 359 Upon motion duly made and seconded, Be it Resolved, that the Board does hereby give the Veteran')s Administration permission to use one room on second floor of Court House for official business of the Veteran's Administration. The above resolution was passed. Upon motion duly made and seconded, Be it Resolved, that the Frederick County Board of Supervisors does hereby authorize the County Attorney of Frederick County, Virginia to make applications for funds under the Omnibus Crime Control and Safe Streets Act of 1968. The said Frederick County Board of Supervisors further guarantees and certifies that any funds allocated to Frederick County, Virginia and accepted and received by Frederick County, Virginia will be matched by the required amount or percentage of local funds. The above resolution was passed. Accounts totaling $20,476.41 were read and approved and ordered to be paid from the General County Fund by Warrants NO. 5376 and 5472 inclusive: Livestock, Fowl Claims and Dog Warden's Salary totaling $543.31 were read and ordered to be paid from the Dog Fund by ' Warrants No. 247 and 253 inclusive. UPON MOTION DULYMADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. At the Regular Night Meeting of the Frederick County Board of Supervisors on the 27th day of October, 1969, at 7:30 P.M. PRESENT: T. B. ROSENBERGER, CHAIRMAN, Thomas Brumback, Raymond Sandy, Donald L. Baughman and J. Robert Russell. HOME DEMONSTRATION AGENT - AGNES SHIRLEY ' Upon motion duly made and seconded, Be it Resolved, that the Frederick County Board of Supervisors does hereby acknowledge and thank Agnes V. Shirley for her many years of dedicated public service as Coun Extension Agent for Frederick County, Virginia.. Her resignation is accepted with regret and her service to the County of Frederick and its people will not soon be forgotten. A copy of ' this resolution shall be spread upon the minutes of the records of the Frederick County Board of Supervisors. An attested copy shall be sent to the said Agnes V. Shirley and a copy shall be made available to the News media of this community. EARL S. BAILEY - FORMER COMMISSIONER OF REVENUE Upon motion duly made and seconded, Be it Resolved, that the Frederick County Board of Supervisors does hereby acknowledge and express their thanks for the many, many years of dedicated public service furnished to the County of Frederick and its people by the late Earl S. Bailey as Commiss 360 of Revenue and in many other capacities. This Board wished to express its sorrow and condolences to the family of this fallen public servant, who was revered and loved by all of those with whom he came into contact. Earl S. Bailey has departed this natural life, but his memory will not soon depart the minds of men and his love and accomplishments will live on forever. Frederick County truly mourns the passing of Earl S. Bailey because it can truly be said that a little bit of Frederick County died with him. The Clerk is ordered to spread a copy of this Resolution upon the permanent records of the Frederick County Board of Supervisors and to provide an attested copy of this resolution to the faimily of the late Earl S. Bailey. The Clerk is al directed to make copies of this Resolution available to all local news media. CHRISTIANSON - DUMP CONTRACT The following is a contract to be signed by Board of Supervisors and H. C. Christianson on January 1, 1970, which was negotiated on October 27, 1969. THIS CONTRACT or agreement is hereby entered into this 27th day of October, by the Frederick County Board of Supervisors on behalf of the County of Frederick, Virginia, party of the first part; and H. C. Christianson, Contractor and heavy.equipment owner and operator, party of the second part. WHEREAS, the party of the first part has in� operation a certain landfill garbage dump on Sulphur Springs Road in Frederick County, Virginia, for the use of all peo business, and enterprised in the County of Frederick and the City of Winchester, according to the laws now in effect and the fee schedules set forth for the use thereof; and WHEREAS, the said party of the second part is so equipped and is in a position to operate and manage the said sanitary landfill dump in a satisfactory and competent manner and has, in "fact, had the experience of operating said damp during the year 1968; NUJ, THEREFORE.. WITNESSETH: That the party of the first part does hereby agree pay the party of the second part the total sum of Forty -three Thousand Five Hundred' Dollars ($43,500.00) to operate, manage, provide the equipment and employees for, supervise, and in every manner conduct the business and operation of the sanitary landfill dump on Sulphur Springs Road in a competent and satisfactory manner, and in full and complete compliance with all of the laws of the County of Frederick in any way affecting said landfill operation, including the following of the law as set forth in the fee schedule for the use of the said dump. It is further hereby agreed that the said annual contract price of Forty -three Thousand Five Hundred Dollars ($43,500.00) shall be paid in twelve (12) monthly installments) of equal amounts. The monthly installment for each preceding month will be paid immediately following the regular Frederick County Board of Supervisors Board Meeting on the second Monday in the next month. The party of the second part agrees to secure and locate a trailer on the premises at the sanitary landfill dump as aforesaid; it being understood that this trailer will be the property of the said party of the second part and may be removed by the said par of the second part at the termination of the contract between the parties hereto. It is further understood and agreed that the said party of the second part will comply with all of the existing laws of the County of Frederick in reference to the said location and use of th said trailer. The term of this contract shall be for one year from January 1, 1970 to ., 6 December 31, 1970. 361 COURT HOUSE SIDEWALK - REPAIR Upon motion duly made and seconded, Be it Resolved, that John Hoover, repair cement walk in front and at side of Court House at the cost of $1.00 per square foot. I The above resolution was passed. KERNSTOWN PRECINCT - VOTING PLACE CHANGED Upon motion duly made and seconded, ' WHEREAS, it appears that the voting place in Kernstown Precinct, Back Creek Magisterail District, is no longer or available as a voting place in said Precinct; and WHEREAS, it further appears that the facilities of the real estate office of B. J. Lovett are available for said purpose and that such place is a suitable voting p for said Precinct. NOW, THEREFORE, be it resolved that Weber,Tire Company be, and the same is hereby abolished as the voting place in Kernstown Precinct, Back Creek District, and that the voting place for said Precinct be, and the same hereby is, hereafter established as the real estate office of B. J. Lovett. 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 in the name of the Board of Supervisors of said County for the change of said voting place in ' Kernstown Precinct in the manner set forth in Section 24 -26, Code of Virginia (1950), as amended. The above resolution was passed. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. CHAIRMAN At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the 10th day of November, 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 October, 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 Frederic 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:' Harold Whitacre, acting Dog Warden appeared before the Board and gave his report. I 362 DOG INJURED - VETERINARY BILL APPROVED A Veterinary bill of Dr. Raymond L. Fish was presented to Board for payment which resulted from an injured dog, hit by John Minnis on Fox Drive, Winchester, Virginia. Upon motion duly made and seconded, Be it Resolved, that the Board does hereby approve payment of $22.00 for the ' veterinary charge. The above resolution was passed. Upon motion duly made and seconded, / Be it Resolved,, that Joseph Palmer, Dog Warden is given permission to buy lumber and wire to build additional dog pens needed for housing the dogs. Also the Dog Warden is to purchase such clothing or uniforms as necessary for his fob as Dog Warden. The above resolution was passed. yp •� •• • • ••• •• •• •� Two members of the Frederick County Taxpayer's Association, Leonard Ellis and Robert Luttrell, and Carroll Bridgeforth of the Winchester Rescue Squad appeared before the Board asking for $4,000.00 to supplement the amount needed to purchase an additional Crash Truck for the squad's use. The Federal government would pay half ($8,000.00), City of Win- chester ($4,000.00) and County of Frederick ($4,000.00). Upon motion of T. B. Brumback and seconded by Donald L. Baughman, ' Be it Resolved, that the Board does hereby unanimously approve the appropriation of $4,000.00 toward the cost of Winchester Volunteer Rescue Squad Crash Truck. The above resolution was passed. Upon motion of Donald L. Baughman, and seconded by Raymond Sandy, Be it Resolved, that the Board does hereby accept the recommendation of the Planning Commission for the rezoning of Milton Valley Subdivision on Paper Mill Road be set for Public Hearing on Monday, December 8, 1969, at 11:00 A. M. The above resolution was passed. MADISON TERRACE SUBDIVISION ) SET FOR PUBLIC HEARING JAMES R. WILKINS & JAMES L. BOWMAN ) ' Upon motion of Donald L. Baughman and seconded by Raymond Sandy, Be it Resolved, that the Board does hereby accept the recommendation of the Planning Commission for rezoning of Madison Terrace Subdivision belonging to James R. Wilkins and James L. Bowman, and set the same for Public Hearing on December 8, 1969 at 3:00 P. M. The above resolution was passed. ' Upon motion of Donald L. Baughman and seconded by Robert Russell, The following resolution was moved, seconded, and passed unanimously at the regular meeting of the Frederick County Board of Supervisors: i For some time the county residents in the area of Green Acres, Countpy(.Club Terrace, Rolling Fields, and Frederick Heights have complained of odors from the Winchester City Sewerage Disposal Plant. These complaints have come from a substantial number of people 363 all of whom have been affected in varying degrees by the disagreeable smell from the disposal plant. This problem has been brought to the attention of various city officials, on several occasions and once by letter of the County Attorney at the Board's direction, but no concrete steps have been taken to correct the problem. Due to this serious problem which ' affects the comfort and welfare of these residents, and which adversely affects the property' value of the area, it is resolved: That the Frederick County Board of Supervisors request the City of Winchester to make an immediate investigation of the odor problem now existing at their sewage disposal plant, and further, this board request a full and complete report on the findings of this investigation prior to its meeting on December 8, 1969. WHITTIER ACRES - DIVISION OF 3 LOTS TO 2 LOTS - APPROVED Upon motion of Robert Russell and seconded by T. B. Brumback, Be it Resolved, that the Board does hereby approve the request of Robert G. Kendall, owner of 2 lots in Whittier Acres (Lot 30 & 31) be split into half lot to Lot 30, and half lot to Lot.No. 32 belonging to Harmer. The above resolution was passed. SHAWNEE -LAND FINAL APPROVAL Upon motion of T. B. Brumback and seconded by J. Robert Russell, Be it Resolved, that the Board does hereby approve the lots of Shawnee -Land, ' Plat 12, Section 11, Plat 13, Section:ll, Plat 14, Section 11, subject to the approval of th Health Department. The above resolution was passed. CEDARMEADE SUBDIVISION - SECTION 5 - ADDED TO SECONDARY SYSTEM Upon motion of Donald Baughman and seconded by T. B. Brumback, BE IT RESOLVED: that Beechcroft Road, Russellcroft Road, Garden Court, and Oakwood Court, in Section 5 of Cedarmeade Subdivision, be added to the Secondary Highways System, as follows. Beechcroft Road: From Route 788 to Russellcroft Road Length .08 Mile. Russellcroft Road: From Route 776 to Beechcroft Road Length .18 Mile. Garden Court: From Russellcroft Road North .06 Mile to Cul -de -sac. ' Length .06 Mile. Oakwood Court: From Russellcroft Road South .07 Mile to Cul -de -sac. Length .07 Mile. These streets have been constructed by the developer in accordance with the County ordinance and the Highways Department Policy for subdivision streets, 30' in width ' with plant mix curbs, 6" crushed stone base and bituminous surface treatment. An unrestricted right of way 56 feet in width is guaranteed. This right of way'ryI is recorded in the Clerk's Office of Frederick County in Deed Book 317 Page 240 and 247 dated December 12, 1965. The above resolution was passed. HIGHWAY DEPARTMENT - NO CHARGE AT DUMP Upon motion duly made.and seconded, Be it Resolved, that the State Highway Department ghall be exempt from paying a fee for dumping trash at the Frederick County Dump. The above resolution was passed. 364 Upon motion of Donald L. Baughman and seconded by Raymond Sandy. Be it Resolved, that after the duly advertised Public Hearing, and no one appearing, the amendment to the trailer ordinance was passed for final adoption after the third reading as follows: AN ORDINANCE TO REPEAL, AMEND, AND REENACT SECTION 20 -19 OF THE TRAILER ORDINANCE OF FREDERICK COUNTY, VIRGINIA AS NOW IN FORCE, TO REQUIRE THE APPROVAL OF THE FREDERICK COUNTY BOARD 6F SUPERVISORS BEFORE THE COMMISSIONER OF REVENUE MAY ISSUE A CERTIFICATE OF APPROVAL FOR LOCATION, CONSTRUCTION, AN: ETC. OF TRAILER CAMP OR TRAILER LOT. SECTION 20 -19. Procedure upon filing of an application. The Commissioner of Revenue shall consider each application, filed as prov in Section 20 -18, and must, before acting, refer such an application to the Board of Supervisors, which may require a public hearing thereon, after first publishing notice of such hearing two times in a newspaper having a general circulation in the County. The of Supervisors will approve or disapprove the application and the Commissioner of Revenue shall not issue a certificate of approval if the Board of Supervisors disapproves the application. The above resolution was passed. The Trailer Court Permit of Mary Virginia Thomas, at Sunnyside Station, was deferred until a later date. Upon motion of T. B. Brumback and seconded by Donald L. Baughman, Be it Resolved, That is desired to contract with the Farmers and Merchants National Bank to borrow from said institution the sum offbur hundred thousand dollars ($400,000.00) as a temporary loan against the approved loan of the Virginia Supplemental Retirement System Board dated April 17 1969 The funds requested are to pay a portion of the construction cost and the cost of purchasing equipment for the Robert E. Aylor Junior High School located at Stephens City. BE IT FURTHER RESOLVED, that the interest on this loan shall not exceed six and one - quarter per cent (6j%) and that the loan shall be made for a period of six months. The said purpose of this loan is to avoid issuing bonds for a.long period of time at the present high rate of interest. Therefore, the Frederick County Board of Supervisors herewith authorizes the Frederick County School Bcard to engage in transactions to procure this temporary loan as stipulated. 2. This resolution shall take effect immediately. SCHOOL FUNDS - BORROW MONEY - ADDITION TO SENSENY ROAD SCHOO� _ Upon motion of Donald L. Baughman and seconded by J. Robert Russell, Be it Resolved, That the resolution of the County School Board, a copy of which is attached hereto, and marked Exhibit A, be and the same is hereby approved, and the County School Board is authorized to endeavor to negotiate an agreement with the State Board of Education of Virginia for a loan of two hundred fifty thousand dollars ($250 from the Literary Fund of Virginia for the financing of a ten room addition to the Senseny Road Elementary School and the issuance of bonds in the name of Frederick County to evidenc such borrowing. 2. This resolution shall take effect immediately. I I I 365 ACCOUNTS PAYABLE Accounts totaling $29,709.49 were read and approved and ordered to be paid from the General County Fund by Warrants No 5473 and 5700 inclusive: Livestock, Fowl and Dog Warden's Salary totaling $453.35 were read and ordered to be paid from the Dog Fund by Warrants No. 254 and 262 inclusive. [ KIN INTU X1i( ihl �i�i►' iu1 :��ial:��u�cixKi7�u7:1��(rI. �- t Ji:��ZY :�:: �• :�_ :�' At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisor's Room on the 8th day of December, 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 10th day of November, 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 Frederick 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. VICIOUS DOGS - C. R. Neff appeared before the Board to express his views on the control of vicious dogs in Frederick County. No action was taken. REZONING PART OF PAPER MILL ROAD - APPROVED FOR FINAL ADOPTION On motion of Thomas B. Brumback and seconded by Raymond C. Sandy, after L J� publication of notice of public hearing and notice to the various landowners, abutting landowners, and owners of land directly across the road, the resolution of the Frederick County Planning Commission to rezone the west side of Route 644,.known as the Paper Mill R commencing at what is known as Boone's Lane, or Lot 8 in Milton Valley Subdivision, second addition to the original plat, northwardly to Mill Creek Road, now known as Weems Lane, from its present zoning to B -2 was unanimously approved as to changing the zoning of Lots 1 -6 from R -2 to B -2 and unanimously rejected as to changing the zoning of Lots 7 -8 from M -1 to B?2 so that Lots 1 -6 of said addition to said subdivision are now zoned B -2 and Lots 7 and 8 are still zoned M -1. DOG WARDEN - PURCHASE SNOW TIRES Upon motion duly made and seconded, Be it Resolved, that Joseph Palmer, Dog Warden is given permission to Snow Tires for use on the County Car. The above resolution was passed. 366 OHAIRMAN VICE - CHAIRMAN 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. Also, be it Resolved, that Donald L. Baughman is hereby appointed Vice- Chairman of the Board for one year. The above resolution was passed. ROUTE 600 RELOCATION Upon motion of J. R. Russell and seconded by T. B. Brumback, WHEREAS, Secondary Route 600, from 0.036 miles S. W. Int. Route 687 to 0.192 miles N. E. Int. Route 687, a distance of 0.21 miles, has been altered, and a new road has been constructed and approved by the State Highway Commissioner, which new road serves the same citizens as the road so altered and, WHEREAS, certain sections of this new road follow new locations, these being shown on the attached sketch titled, "Charges in Secondary System Due to Relocation and Construction on Route 600, Project 0600 -034 -130, C -501, B -605 dated at Richmond, Virginia November 3, 1969. NOW, THEREFORE, BE IT RESOLVED, that the portion of Secondary Route 600 i.e., Sections 2, shown in red on the sketch titled, "Changes in Secondary Due to Relocat and Construction on Route 600, Project 0600 - 034 -130,C -501 B -605 dated at Richmond, Virgi November 3, 1969, a total distance of .15 miles be, and hereby is, added to the Secondary System of State Highways, pursuant to Section 33 -141 of the Code of Virginia of 1950 as amended; And further, that the section of old location i.e., Sections 1 shown in blue on the afore- mentioned sketch, a total distance of .15 miles, be, and the same hereby is, abandoned as, a public road, pursuant to Section 33 -76.12 of the Code of Virginia of 1950 as amended'. The above resolution was passed. LAKESIDE ESTATES - SECTION B - FINAL APPROVAL Upon motion duly made and seconded, Be it Resolved, that Lakeside Estates, Section B, Hickory Hill Drive, owned by Herbert Shackelford be accepted for Final Approval and recordation of Deed of Dedication, subject to approval by the Health Department. The above resolution was passed. SHAWNEE -LAND - VARIANCE - FINAL APPROVAL Upon motion duly made and seconded, Be it Resolved, that the Plats and Deed of Dedication of Shawnee -land, 11, Plat 12,13,14 be accepted for final approval, with a variance on Lots 147 and 149, as they do not comply with regulations of square footage.on the said lots. The above resolution was passed. DUMP CONTRACT - COMPLAINT A letter was received from Joseph A. Massie, Jr., attorney for P. E. asking the Board to reject the contract of H. C. Christianson. The Board requested, E. Eugene Gunter, County Attorney, to write a letter to 367 Mr. Massie reciting Code Section 15.1 -106 in regard to Contract at Dump. The above resolution was passed. DUMP - BUILDING ON PREMISES - AMENDMENT TO CONTRACT Upon motion of Thomas B. Brumback and seconded by Donald L. Baughman, Be it Resolved, that H. C. Christianson put a frame building at the Dump to be removed at the expiration of his contract or sold. H. C. Christianson's contract with the county shall be amended to include this provision. The above resolution was passed. MADISON,TERRACE - REZONIM - FINAL ADOPTION Upon motion of Donald L. Baughman and seconded by T. B. Brumback, After advertisement of public hearing as required by law, it was moved, seconded and unanimously passed that the Petition of James R. Wilkins, Inc., et al to rezone Lot Nos. 11, 12 13, 14, 15, 29, 30 31 32, 33 and 34 of Madison Terrace Subdivision from R -1 to R -2 be approved and that a variance is granted so that the said lots are only required to conform in size to the requirements of similar lots in the City of Winchester, Virginia, in this subdivision. The above resolution was passed. INTERSTATE ORCHARD, INC. ROY R. BOYCE, ET UX AND - PUBLIC HEARINGS SET ROBERT E. EM OE ) B. C. KINCHELOE ) Upon motion duly made and seconded, Be it Resolved, that the Board does hereby accept th recommendations of the Planning Commission for Interstate Orchard, Inc., Roy R. Boyce and Robert E. Kelsoe, and B. C. Kincheloe and do hereby set the Public Hearings as follows: Interstate Orchard, Inc. - 3:00 P. M. Roy R. Boyce and Robert E. Kelsoe 3:15 P.M. B. C. Kincheloe 3:30 P.M. The above resolution was passed. NIGHT MEETING - SCHEDULED DECEMBER�22 The Board of Supervisors has scheduled a Night Meeting for Monday, December 22, 1969, at 7:30 P. M. TRAILER COURT PERMIT- - MARX V. THOMAS - DENIED The Board does hereby deny the Trailer Court Permit of Mary V. Thomas because of Health Regulations. ATKINS, WILLIAM J. MORELAND ALBERT J. - T RAILER PERMITS - GRANTED SNYDER, 6HARLES I. Upon motion duly made and seconded, Be it Resolved, that the Board does hereby approve the Trailer Permits of Albert J. Moreland, Charles I. Snyder, and William J. Atkins, if such is approved by the Health Department. The above resolution was passed. r KERNS. W. P. - REFUND OF TAXES Upon motion duly made and seconded, Be it Resolved that W. P. Kerns be referred 3 years back taxes, paid in error which amount to $11.70. The above resolution was passed. ACCOUNTS PAYABLE Accounts totaling $18 were read and approved and ordered to be paid from the General County Fund by Warrants No. 5701 and 5780 inclusive: Livestock, Fowl Clairmc ' and Dog Warden's Salary totaling $658.52 were read and ordered to be paid from the Dog Fund by Warrants No. 262 and 270 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJO 0 a Ol /A / i{ i I �O / I ! 1 IJ�A�I.�i.!!i' M/ T At the Regular Meeting of Board of Supervisors held on thb 22nd day of December, 1969. PRESENT: T. B. Rosenberger, Chairman, J. Robert Russell, T. B. Brumback, Donald L. Baughman, and Raymond C. Sandy. PARKING LOT HITCHING LOT Mr. Richard Martin appeared before the Board in regard.to leasing of the County Hitching Lot. Upon motion of T. B. Brumback and seconded by Donald Baughman, Be it resolved, that the Board do hereby pay to the City of Winchester, its share of the cost for beautifying the lot and the County will continue to meter and control their area. Upon a recorded vote, Donald Baughman, T. B. Brumback, J. Robert Russell for the resolution, and Raymond Sandy kbstaimed - from - voting.1 4 /0 SANITATION AUTHORITY ORDINANCE Upon motion of Donald Baughman seconded by T. B. Brumback, Be it Resolved, the Board asked Eugene Gunter to draw upoan ordinance land developers of private subdivisions to meet certain specifications on water and sewer facilities of the Sanitation Authority, but reserving final authdrity to the Board of Supervisors. The above resolution was passed. The Board received with regret the resignation of Joseph Zuckerman as member of the Frederick County Sanitation Authority, and expressed their appreciation for his sery Upon motion duly made and seconded, Be it Resolved, that the Board does hereby appoint T. G. Adams to fill the L unexpired term of Mr. Zuckerman. The above resolution was passed. 369 DUMP - CONTRACT Various citizens.and members of the Frederick County Taxpayers Association, appeared before the Board concerning the letting! the contract for the Frederick County gyp• The County Attorney, Ehgene Gunter explained the law.in reference to lettingaof contracts- an_told-of.a conversat16m - .with Attorney General concerning it, after which the persons present-.:accepted-the-opinion, and made suggestions - to future contracts. • J D• :1420 1 • • Upon motion of J. Robert Russell and seconded by T. B. Brumback, Be it resolved, that the Board-do approve -the Trailer Permit of Clara Conrow, The-above resolution was passed. �+r h W1-�