October 12, 1953 to November 09, 1953J
72
At the Re Meeting of the Board of Supervisors of Frederick Count
Regular _
Virginia, held in the Supervisors Room over the Clerk's Office on the 12th. day of October, 19531
P- R- E- S -E -N -T
C. M. Rosenberger, Chairman; Paul Luttrell, C. E., Garber, B. 0. Bruin-
back, and Grover Teets.
The minutes of the last meeting held on the 14th. day of September,
1953, were read and approved.
REPORTS
Earl Cather, Dr. a. L. Lindall, Harry L. McCann, Earl Bailey, Robert
L. DeHaven, Joseph A. Massie, Jr., B. D. Fleenor, Agnes Shirley, Mrs. A. W. Wright, and Uohn
Wolfe. Reports of Earl Cather, Game Warden; Dr. A. L. Lindall, Health Officer;
Harry L. McCann,-Treasurer; Earl Bailey, Commissioner of Revenue; Robert L. DeHaven, Sheriff;
Joseph A. Massie, Commonwealth's Attorney; B. D. Fleenor, Road "Engineer; Agnes Shirley, Home
Demonstration Agent; Mrs. A. W. Wright, Tuberculosis Association; and John Wolfe, County Agent;
were read and approved.
R OADS
Upon motion duly seconded the following resolution was passed:
RESOLVED: that the following sections of the old location shown on
sketch of Rt. 600, Project 1334- 03 -04, be abandoned in accordance with section 33- 76.12, Code
of Virginia.
Section
Section
Section
Section
of Rt.
#1, a distance
#2, a distance
#3, a distance
#4, a distance
507 with Rt. 60
of 0.095 Mi., between Sta. 424 � 00 and 428 � 70.
of 0.106 Mi., between Sta. 429 } 00 and Sta. 434 40.
of 0.099 Mi., between Sta. 517 � 50 and Sta. 522 20.
of 0.046 Mi., being the old location of the connection
D.
BE IT FURTHER RESOLVED, that the following sections of the new location be
added to the Secondary System:
Section #5 a distance of 0.089 Mi., between Sta. 424 00 and Sta. 428 70.
Section #6 a dismtance of 0.102 Mi., between Sta. 429 00 and Sta. 434 40.
Section #7 a distance of 0.089 Mi., between Sta. 517 50 and Sta. 522 20.
Section #8, a distance of 0.027 Mi., being the new location of the connection
of Rt. 607 with Rt. 600.'
ROADS
Upon motion by C. E. Garber and seconded by Grover Teets, the follow -,
ing resolution was passed: RESOLVED, that this Board approve the 1953 -54 final secondary road
budget.
CONVENTION - ROAD - Virginia Highway Conference at Lexington, Virginia.
Upon motion of Grover Teets and seconded by B. 0. Brumback, it is
ordered that C. M. Rosenberger be paid by warrant in the amount of $15.00 as part payment for
expenses for attendance of the Virginia Highway Conference at Lexington, Virginia.
COUNTY PARKING LOT
Upon motion of Grover Teets and seconded by B. 0. Brumback, it is
ordered that a warrant be issued to the City of Winchester in the amount of $2000.00 in payment
for grading and surfacing the County Parking Lot.
1 � _
ORDINANCE - NUISANCE
r
Upon motion of C. E. Garber and seconded by B. 0. Brumback, the Nuisance
Ordinance for Frederick County passed its first and second reading.
The Clerk is ordered to have notice of the same published for two con-
secutive weeks in the Winchester Evening Star, that it is the intention of the Board of Super-
visors to propose the same for its third and final reading and passage on the 9th. day of Novem-
ber, 1953.
BILLS PAYABLE
Accounts totaling $8386.11 were approved and ordered to be paid from
the General County Fund by Warrants numbers 14782 to 14832 inclusive; and Livestock, Fowl Claims
and Earl Cather's salary totaling $314.30 were approved and ordered to be paid from the Dog Fund
by Warrants numbers 1347 to 1354 inclusive.
Upon motion duly seconded, it is ordered that the Board do now adjourn.
Attest: n �, W11T_ a& ,CLERK
At the Regular Meeting of the Board of Supervisors of Frederick County,
Virginia held in the Supervisors Room over the Clerk's Office on the 9th. day of November, 1953-
and Grover Teets.
P- R- E- S -E -N -T
C.. M. Rosenberger, Chairman; Paul Luttrell, B. O. Brumback, C. E. Garber
The minutes of the last regular meeting held on the 12th. day of October,
1953, were read and approved.
REPORTS:
Earl Cather, Dr. A: L. Lindall, Harry L. McCann, Earl Bailey, Robert L.
DeHaven, Joseph A. Massie, Jr., B. D. Fleenor, Agnes Shirley, Mrs. A. W.'Wright, and John Wolfe.
Reports of Earl Cather, Game Warden; Dr. A. L. Lindall, Health Officer;
Harry L. McCann, County Treasurer; Robert L. DeHaven, Sheriff; Joseph a Massie, Jr., Commonwealth
Attorney; B. D. Fleenor, Road Engineer; Agnes Shirley, Home Demonstration Agent; Mrs. A.W.Wright,
Tuberculosis Association; and John Wolfe, County Agent; were read and approved.
ROADS
Upon motion duly seconded the following resolution was adopted:
WHEREAS, the Commonwealth of Virginia through the Department of Highways
has prepared and submitted plans to the Board for the construction or improvement of a section
of Route 600 of the State Secondary System, Project 1334 -05, in Frederick County, from 0.112 Mi.l
N. Int. Rt 685 to S. End Bridge.over Brush Creek near Rt. 690 (Siler), approved September 21,
1953; and
WHEREAS, it is proposed to finance the cost of construction fifty percent
from Federal Aid Secondary funds and fifty percent from State funds allocated to Frederick County;
and,
WHEREAS, it is the desire of this Board that said road be improved in
accordance with said plans.
NOW, THEREFORE, BE IT RESOLVED: That this Board hereby approved the plans
and requests the Department of Highways to proceed with construction in accordance with these
plans, and' this Board hereby agrees to and does guarantee a 40 foot unrestricted right of way
as indicated or noted on said plans, together with the right and easement to use the additional
M
areas shown as being required for the proper execution and maintenance of the work as indicated
on plans, it being understood that incidental costs such as moving and resetting existing fences,
houses, structures, utilities, or other obstructions of such nature, are to be paid from Secondary
Funds allocated or to be allocated to Frederick County,
I
It is further understood and agreed that in the event one or more property
owners refuse to execute a deed covering land required from their properties for right of way j
purposes, this Board hereby authorized the Commonwealth of Virginia, Department of Highways, to
institute condemnation proceedings and agrees to pay from funds allocated or to be allocated to
Frederick County all costs in connection therewith including awards of commissioners.
NUISANCE ORDINANCE
Upon motion of B. 0.. Brumback and seconded by C. E. Garber,'the following
✓ oridnance was adopted and the Clerk if ordered to have the same published two times in two suc-
cessive weeks in the Winchester Evening Star;
Whereas the County of Frederick adjacent to cities, towns and otherwise,
is becoming more heavily populated with many county areas in which people live in small lots
close together, creating a situation in which nuisances frequently develop; and,
Whereas it is in the interest of the citizens of the county of Frederick,
as well as of the citizens of the cities and towns and property owners adjacent to said county
that certain requirements and regulations be laid down for a harmonious and healthful environment
for the citizens of Frederick County and to prevent the occurrence of, and bring about the abate-
ment of nuisances that are dangerous to the Public Helath and well being the community.
Now, therefore be ie enacted.
ARTICLE I
1. Definition: The term "offensive matter" as used in this ordinance shall mean feathers,
offal, dead animals or portions thereof, meat wastes, blood, tankage or any putresible organic
matter. This shall not apply to livestock and poultry manure
2. The term "nuisance" as used in this ordinance shall mean that which annoys, vexes or creates
a healthpazard; or that which by its use or existence works annoyance, injury or damage to others.
ARTICLE II
1. It shall be unlawful for any person to permit, deposit, store or hold any noxious or offen-
sive matter, either to health or to comfort, on any premises or place or in any building or
structure unless such matter is so treated, screened, covered or placed as not to create a
nuisance. All containers for the storage of such matter shall completely confine the matter,
shall be rodent and insect proof, and shall be kept in an inoffensive and sanitary condition in
order to meet the requirements of the Department of Agriculture or the Department of Health of
the Commonwealth of Virginia.
2. It shall be unlawful to remove or transport, or permit the removal or transportation over
any public road or highway any offensive material except in such manner and in or by such con-
veyance as will prevent the creation of a nuisance or the loss of discharge of such material in
any public place. All Such material shall be so handles, covered or treated that it cannot leak
or escape, or be accessible to rodents, flies or other insects. All Vehicles and implements
I used in connection therewith shall be kept in an inoffensive and sanitary condition.
I
ARTICLE III
1. I shall be unlawful to operate any slaughterhouse, abottoir, rendering plant or establish-
ment where animals or fowls dead or alive are processed, or where food or feed is manufactured
or processed unless such place or establishment is maintained and operated in a clean and sani-
tary manner at all times in order to meet the requirements of the Department of Agriculture or
the Department of Health of the Commonwealth of Virginia.
2. Such establishments shall be so constructed and maintained as to effectively control the
entrance of insects and rodents. The doors, windows and other openings shall be fitted with
screen doors and wire window screens of not coarser than fourteen mesh gauge.
3. The term "slaughterhouse" as used in this ordinance shall not be construed to prohibit actual
farmers from killing their own cattle, sheep, swine, goats and fowl for their own family use.
ARTICLE IV
1. It shall be unlawful for any person to have or maintain or to permit to be erected, any;hog
pen in Frederick County that is closer than 200 feet to a residence or an adjoining property that
is used for human habitation.
ARTICLE V
1. It shall be unlawful for any person to cause water to collect and become stagnant and there-,
by to become a nuisance or a health hazard. Any foundation or other excavation that allows the
collection of such water shall be pumped dry or drained within ten days after receiving notice
to do so by the Health Director or his authorized representative.
2. This article shall be not construed to mean farm ponds that are constructed for the benefit
of fish or livestock.
ARTICLE VI
1. It shall be unlawful for any person to cause or allow garbage to collect on his premises,
whereby a nuisance or health hazard is created. All garbage shall be incinerated, or buried
beneath a minimum of 18 inches of earth or transported to the Frederick County dump.
2. It shall be unlawful for any person to deposit any garbage or trash on property belonging
to another, either public or private other than that property of his landlord on which he is a
tenant or the authorized county dump.
3. Article II, Section 2, shall apply to transportation of garbage.
ARTICLE VII
1. It shall be unlawful for the waste water of any sink, bathtub or any other plumbing fixtures
of any nature to be allowed to run or drain onto the surface of the ground within 200 feet of a
residence or an adjoining property[. All such waste water must be discharged into a drain tile
and stone ditch and pit as recommended by the Health Department.
ARTICLE VIII
1. Whenever and wherever a nuisance shall exist as herein defined or set forth which in the
opinion of the County Health Director is dangerous or detrimental to the public health and /or
well being of any resident of the county or any portion thereof, he shall notify in writing the
parties responsible for its continuance, of the character of the nuisance, and the means of abat-
ing it. The parties responsible shall, upon this notification, proceed to abate the nuisance.
2. If any person, firm, or corporation responsible for the existance and continuance of a
nuisance or health hazard, after being duly notified in writing by the County Health Director to
abate said nuisance, shall fail to abate the same for 24 hours after the time allowed for such
abatement, he shall be guilty of a misdemeanor.
ARTICLE I%
1. Anyone found guilty of the violation of any of the sections of this ordinance shall be
punished by a fine of not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00)
and each day after notification to abate any nuisance or health hazard as provided in Article VIII,
t
76 s
�J
Section-2 shall be deemed as separate offense.
�. Violation of Article II, Section !2 and Article VI, Section 3 shall be deemed a violation
without necessity of notification to�abate by the County Health Director and shall be subject
4
to the same penalty provided above.
3. The court in its discretion may further order an abatement of the nuisance or health hazard.
ARTICLE X
1. If any Article or Section of this Ordinance is declared to be unlawful, the remaining
Articles and Sections shall remain in full force and effect until amended, modified or revoked
by another ordinance of the Board of Supervisors.
Adopted and approved by majority vote of the Board of Supervisors at its
regular monthly meeting this 9th day of November, 1953•
SALARIES - TREASURER AND COMMISSIONER OF REVENUE
BE IT RESOLVED: that due to the increase in the amount of the state work
done in the offices of the Treasurer and Commissioner of the Revenue, that the basis of payment
of their salaries and expenses account,of the State and County be made on a 50 -50 basis instead
of a 66 2/3 -33 1/3 basis. The Clerk is ordered to transmit a copy of this resolution to State
Senator, Harry F. Byrd, Jr'; the speaker of the House of Delegates, E. Blackburn Moore, and the
Department of Taxation.
- ROADS - PINE MOTOR CO. - SUBDIVISIONS
Upon motion duly seconded, this Board requests the Virginia State Highway
Commission to take over the improved streets of Pine Motor Co.- Subdivision.
SALARIES
Upon motion duly seconded, the following resolution was unanimously passedi
RESOLVED: that this Board expresses its opposition to any increases in
the salaries and expense accounts of the Sheriff, Treasurer, Commonwealth Attorney and the Com-
missioner of the Revenue of Frederick County, Virginia for the year of 1954; and the Clerk is
ordered to mail a copy of this resolution to the Compensation Board at Richmond, Virginia.
ROADS - BELLEVIEW AVENUE
Upon motion duly seconded, the Board of Supervisors of Frederick County
passed the following resolution:
BE IT RESOLVED that the section of Bellview Avenue from the end of Rt.
726 being on the West side of Robert Street and running in an Easterly direction to the inter-
section of Braddock Street a distance of 0.22 miles be added to the Secondary System. It being
i
a part of.the Henry Subdivision. This street carries a width of forty -six feet from the end
of Rt. 726 to Henry Avenue and fifty feet from Henry Avenue to Braddock Street.
The above having been constructed according to the specifications of the
Highway Department.
This is in accordance to chapter 88, Section ly Acts of the General Assem-
bly 193
BILLS PAYABLE
Accounts totaling $6385.31 were approved and ordered to be paid from the
General County Fund by Warrants number 14848 to 15006 inclusive; and Livestock, Fowl claims and,
Earl Cather's salary totaling $447.36 were approved and ordered to be paid from the Dog Fund by
Warrants numbers 1355 to 1362 inclusive. /
Upon motion duly seconded, it is ordered that the Board do no cJ,J`? .
Attest: �� �� �� Q_��,p ,CLERK / t HAIRMAN,