August 08, 1955 to October 10, 1955•114
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 8th. day of August, 1955.
P- R- E- S -E -N -T
C. M. Rosenberger, Chairman; Paul Luttrell, B. 0. Brumback, C. E. Garbet R
and Grover Teets.
The minutes of the last meeting held on the 11th. day of July, 1955,
i
were read and approved. '
i�
GAME WARDEN I
Upon motion, duly seconded, it is ordered that the salary of Earl
Cather, ;Game Warden, be, and hereby is fixed at One Hundred and Twenty Five Dollars Per
calender month beginning on the 1st: of July, 1955.
BORROW MONEY - SCHOOL BOARD.
Upon motion, by Grover Teets and seconded by C. E. Garber, the follow-
ing request was granted:
The Frederick County School Board on this date decided unanimously to i
purchase a tract of land consisting of 10.45 acres located just south of Winchester on the west
i
side of road No. 644 in Shawnee District of Frederick County, Virginia, and owned by R. W. Pat-
terson, the same being the northeast corner of the old John C. Gold farm. The price of the tract'
if $6,792 In addition, the Frederick County School Board needs $82.50 to complete payment
of the Helen Massey Candy Kitchen tract. Therefore, the Frederick County School Board hereby
requests the Frederick County Board of Supervisors to permit it to borrow $6,875.00 from the
trustees of the Robinson Memorial Fund at six per cent interest per annum in order to make settle)
^
ment in full. '
SCHOOLS
Upon motion of B. 0. Brumback and seconded by C. E. Garber, the
Frederick County School Board is granted permission to borrow up to 25% of the 1955 assessment
T
for current expenses.
WELFARE - TENTATIVE BUDGET
The Frederick County Department of Public Welfare submitted its
Biannual Budget estimates for the fiscal years ending June 30, 1957 and June 30, 1958. Upon
motion, duly seconded, it was not approved.
PLAQUES FOR PICTURES IN COURT ROOM
Upon motion by Grover Teets and seconded by B. 0. Brumback, Mrs. D. W.
Ritenour is ordered to purchase name plaques for the pcitures that are hung on the walls of the
Frederick County Court House.
BORROW MONEY - BOARD OF SUPERVISORS FOR CURRENT EXPENSES
Upon motion of Grover Teets and seconded by B. 0. Brumback, which was
.- unanimously passed: IT IS RESOLVED, That Frederick County through this Board borrow the sum of
Four Thousand Dollars ($4,000.00) with interest at the rate of three percent (3%) per annum from
the Middletown State Bank to be used to meet current expenses and borrowed in anticipation of
i
current revenue to be repaid in sixty -five days from date. Said sum does not exceed 25% of
anticipated income from the General County Levy; and power and authority is granted to C. M.
Rosenberger as Chairman of the Board and Lee N. Whitacre, its Clerk, to execute a note of the
Board evidencing the above obligation.
115
ROADS - OPEQUON CREEK BRIDGE
Upon motion of Grover Teets and seconded by C. E. Garber, the following
resolutions were passed: BE IT RESOLVED, that this Board hereby requests that the inadequate
bridge over the Opequon Creek at the Clarke - Frederick County Line on Rt.657 east of Winchester
be replaced with an adequate structure.
BE IT ALSO RESOLVED, that this bridge be constructed as a joint project
between Frederick and Clarke Counties, and that the proportionate part of the cost to be borne
by Frederick County be financed with Secondary Federal Aid Funds anticipated through the Year
from Rt. 340 to the North intersection of Rt. 664 be reconstructed with Secondary Federal Aid
1957 -58.
ROAD
Upon motion of Grover Teets and seconded by C. E. Garber, the following
resolution was adopted: BE IT RESOLVED, that the section of Rt. 660 in Frederick County extending
Funds. These funds to be provided from those anticipated through the year 1957 -58.
BORROW MONEY - SCHOOL BOARD FOR A NEW SCHOOL TO BE BUILT
ON THE LAND RECENTLY BOUGHT FROM R. W. PATTERSON
Upon the motion of B. 0. Brumback and seconded by Grover Teets, the
i
following request was granted: WHEREAS, The School Board for the County of Frederick, on the 2nd
r
day of August, 1955, presented to this Board or Council, an application addressed to the State
Board of Education oAVirginia for the purpose of borrowing from the Literary Fund $100,000.00
for the new school building at Winchester, Virginia, to be paid in 2 annual installments, and
the interest thereon at 2 -3 percent paid annually, provided there are sufficient funds in the
Literary Fund at the time the money is called for by the School Board.
If, in the discretion of the State Board of Education, it appears advisable
to provide money for this loan( through assignment to the Virginia Retirement System, the rate of
interest on this loan will be not less than two nor more than four per cent per annum.
RESOLVED, That the application of the Courty School Board to the State
Board of Education of Virginia for a loan of $100,000.00 from the Literary Fund is hereby approved,
and authority is hereby granted the said County School Board to borrow the said amount for the
purpose set out in said application.
The Board of Supervisors for said County will each year during the life
of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a
cash appropriation sufficient for operation expenses and to pay this loan in annual installments
and interest thereon, as required by law regulating loan, from the Literary Fund.
PLATS WAYNE ADAMS
Upon motion, duly seconded, the Chairman is ordered to approve the sub-
division J. Wayne Adams when said subdivision has been approved by the Virginia Department of
Highways and by C. M. Rosenberger, Chairman of the Board of Supervisors.
�l`4'4' •'1`'!' r'l�C•!!!k :.!!��' ihll•i;�l'� :fir : :Inlr�r ulv :.� :(.: • e r i ::t : i �!(� r(:: /r. « 1 r, r! :(� :.
.: alrtgrb _� 1:G !Y.11;/ 'b'.6l.i:F1.:f�: 41' = /;fi_ .1.1 ,ly(y.il. "A.�SF. , .fN i��.U.�'.(:Rh. r(y.�.. i(•.1 +�. ,G.w.H..Ibk r,G.
:116
ROADS - ROUTE 660
Upon motion, duly seconded, the following resolution was adopted:
BE IT RESOLVED, that the Bureau of Public Roads and the Virginia High-
way Department are hereby requested to add to the Secondary Federal Aid System in Frederick
County that part of Rt. 660 extending f rom Rt. 340 to the North intersection of Rt. 664, a dis-
tance of 2.3 miles.
BILLS PAYABLE
Accounts totaling $4753.63 were approved and ordered to be paid from
i
the General County Fund by warrants numbers 16059 to 16176 inclusive; and livestock, fowl claims
and Earl Cather's salary totaling $436.86 were approved and ordered to be paid from the Dog Fund
by warrants numbers 1513 to 1522 inclusive.
UPON MOTION, DULY SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
De I
CLERK CHAIRMAN
I
At the Regular Meeting of the Board of Supervisors of Frederick Count ,
Virginia, held in the Supervisors' Room over the Clerk's Office, on the 12th, day of September,
I
1955.
P- R- E- S -E -N -T
Garber.
were read and approved.
REPORTS
C. M. Rosenberger, Chairman; Paul Luttrell, B. 0. Brumback and C.E.
The minutes of the last meeting, held on the 8th day of August, 1955
Earl Cather, Agnes Shirley, H. J. Gerken, Jr., John T. Wolfe, Annie
Sue St. Clair, Robert L. De Haven, Earl S. Bailey, Harry L. McCann and Joseph A. Massie, Jr.
Reports of Earl Cather, Game Warden; Agnes Shirley, Home Demonstra-
tion Agent; John T. Wolfe, County Agent; H. J. Gherken Jr., assistant County Agent; Annie Sue
St. Clair, Welfare Superintendent; Robert L. De Haven, Sheriff; Earl S. Bailey, Commissioner of
the Revenue, Harry L. McCann, Treasurer and Joseph A. Massie, Jr.; Commonwealth's Attorney, were
read and approved.
SUBDIVISION - WEA VILLA - PLAT
Upon motion, duly seconded,
.by
Wea -Villa Subdivision as presented /Marvin D. Weaver.
SUBDIVISION - PLAT - R. KEITH RITTER
Upon motion, duly seconded,
the Board hereby approves the Subdivision)
I
the R. Keith Ritter plat, located on
Apple Pie Ridge Road in Stone wall Magisterial District, was approved.
DELINQUENT TAX
The County Treasurer, Harry L. McCann, presented to the Board the
list of delinquent personal property tax for the year of 1954 as of June 30, 1955 in the amount
of $5113.41; and also, the delinquent real estate tax for the year of 1954, as of June 30, 1955
in the amount of $8843.24, the total being $13,956.65; which upon motion, duly seconded, was
0
unanimously approved as presented.
117
SCHOOL FUND - TRANSFER
Upon motion of B. 0. Brumback and seconded by Charles E. Garber, it
is ordered that the School Fund and the School Building Fund shall receive during the current
year the full amount of School Levy. This will be.accomplished by paying from the General
County Fund to the School Fund the amount of School Levy and placing the total tax income to
the credit of the General Fund; and the Treasurer is ordered to transfer these funds as the
money becomes available.
ZONING ORIDNANCE
i
Upon motion, duly seconded, an ordinance providing for enlarged
Zones Area "B" of Frederick County, Virginia, by adding thereto the Hunter M. Stine estate lots.
subdivision along U. S. Highway 11 and a short distance south of Red Bud run and for Zoned Area
"B" and other provisions and restrictions, some of which are amendments to Zoned Area "B" and
including penalties and violations thereof , passed its first and second reading and it is
ordered that it be published in the Winchester Evening Star and that the public hearing be held
on the 10th. day of October, 1955, for citizens who wish to appear before the Board of Super-
visors to stat their views as to the approval or disapproval of said ordinance.
COUNTY DUMP - A WHALES
On motion of B. 0. Brumback and seconded by C. E. Garber and unani-
mously adopted by affirmative vote of the Board, it was RESOLVED, That Andrew Whales as long as
he works and takes care of the County Dump, shall be solely entitled to all materials thereon
which he salvages and takes possession of and stores separate from the dump pile; after the same
has been doposited on by the owner thereof.
BILLS PAYABLE
Accounts totaling $5,,419.39 Were approved and ordered to be paid
from the General County Fund by Warrants numbers 16177 to 16218 inclusive; and livestock, fowl
claims and Earl Cather's salary totaling $344.75 were approved and ordered to be paid from the
Dog Fund by Warrants numbers 1523 to 1533 inclusive.
UPON MOTION, DULY SECONDED, IT IS ORDERED THAT THE BOARD DO NOW
ADJOURN.
�, 11�- Cf114Ec� CLERK CHAIRMAN
At the Regular Meeting of the Board of Supervisors of Frederick County
Virginia held in the Supervisors' Room over the Clerks Office on the 10th, day of October, 1955. ,
P- R- E- S -E -N -T
ber and Grover Teets.
C. M. Rosneberger, Chairman; Paul Luttrell, B. 0. Brumback, G.E. Gar -'
The minutes of the last meeting held on the 12th. day of September,
1955, were read and approved.
Earl Cather, Agnes Ohirley,,John T. Wolfe, Robert L. DeHaven, Earl S.
Bailey, Harry L. McCann, Joseph A. Massie, Jr., and Paul Coffman
118
Reports of Earl Cather, Game Warden; Agnes Shirley, Home Demonstra-
tor; John T. Wolfe,-County Agent; Robert L. De Haven, Sheriff; Earl S. Bailey, Commissioner of the
Revenue; Harry L. McCann, Treasurer; Joseph A. Massie, Jr., Commonwealths Attorney and Paul
Coffman, Road Engineer were read and approved.
SECONDARY ROAD BUDGET
Upon motion, duly seconded, the following resolution was unanimously
approved:
BE IT RESOLVED, that this Board hereby approves the 1955 -56 Final
Secondary Road Budget for Frederick County, as submitted by C. H. Coffman,Resident Engineer
HOSPITAL - UNIVERSITY OF VIRGINIA
Upon notion, duly seconded, the Chairman is ordered to endorse the
contract with the University of Virginia Hospital as printed; the rate being $16.00 per day.
ORDINANCE * HU NTER. M. STINE ESTATE LOTS ALONG U. S. HIGHWXx ROUTE NO 11
The following is a copy of the Hunter M. Stine Estate lots ordinance which passed its third and
.final reading and was adopted; and the Clerk is.ordered to have the same published in the
Winchester Evening Star,
AN ORDINANCE PROVIDING FOR ENLARGING ZONED AREA "B" OF FREDERICK COUNTY, VIRGINIA, BY ADDING
THERETO THE HUNTER M. STINE ESTATE LOTS SUBDIVISION ALONG U. S. HIGHWAY 11 AND A SHORT DISTANCE
SOUTH OF THE RED BUD RUN AND FOR ZONED AREA "B" AND OTHER PROVISIONS AND RESTRICTIONS, SOME OF
WHICH ARE AMENDMENTS TO ZONED AREA "B" AND INCLUDING PENALTIES AND VIOLATIONS THEREOF.
WHEREAS the hereinafter described area of Frederick County, Virginia
has become completely residential in use and purpose and considerable sums of money have been
i
spent on the said residential property; and,
I
WHEREAS it is the desire of the vast majority of the citizens living
in the hereinafter described area of Frederick County, Virginia that their general welfare be
.I
protected; and,
WHEREAS In order to maintain said value and the general welfare of
the citizens in the hereinafter described area it is necessary that this area be zoned for resi-
dential purposes only, with certain exceptions as hereinafter set forth or as hereafter may be
decreed for the general welfare of all of the residents and property owners of said area; and,
WHEREAS certain amendments were desired to be made to the ordinances
setting forth the rules and regulations as to zoned area "B", which will apply only to the amended
i
section.
NOW, THEREFORE, BE IT ORDAINED: All of the following enclosed areal
as hereinafter described shall be added to zoned area "B" of Frederick County, Virginia and shall
be restricted to residential purposes only with certain exceptions as hereinafter stateda
1. Beginning on U. S. Highway 11 at the northern boundary corner
of M. N. Luttrell lot on the west side thereof and on the north corner of the J. H. Pappas lot
number 31 in the Hunter M. Stine Estate Lots Subdivision and thence proceeding southwardly,. along
U. S. Highway 11 to the southern corners of lot number 2 and number 16 in said subdivision
and taking in all of said lots 2 through 31 in said subdivision.
2. The said area shall be declared residential area and the pro-
perties therein shall not be used, owned, leased or occupied for any purpose exdept for the
following, then only upon the following reservations and restrictions and subject to the condi-
tions of confirmation hereinafter set forth:
a. Single,.detached dwelling.
b. Church or place of worship
c. Public parks or playgrounds.
d. Hospitals
e. School, public or private.
f. Private garage for use with the dwelling.
g. Agricultural pursuits.
11 9
h. Accessory buildings and uses incident to any of the above uses which
are located on the same lot and not involved in the conduct of retail business, wholesale business
manufacturing r
ng processing business. .
I
1. Drug stores.
J. Apartment houses built and designed for that purpose.
3. The following are uses in conformance with the above descriptions:
a. Real estate signs advertising the sale, rental or lease of only the
premises on which they are maintained, not over 8 square feet in area.
b. The usual accessory of a residence located on the same lot with that
esidence not involving the conduct of a business, but including an office of a physician, surgeon,
artist, musician, lawyer, architect, teacher, real estate brokir,or other professional
i
ons residing on the premises, provided there is no display visible from the street or adver-
ising except a small professional name plate, not to exceed 144 square inches in area.
4. Customary home occupations, such as millinery or dress making, pro-
d there is no display of goods visible from the street or highway, and no exterior advertise-
i
ent except for a small announcement sign, not to exceed 144 square inches in area, attached flat
o the wall of the building; provided that such occupation shall be carried on by a person only
thin the used as his private residence; and further provided that such occupation does
t accupy more than one -third of the area of the residence and shall not be.carried on in an
sory building.
5. The advertising of renting of rooms or the furnishing of table board
a dwelling occupied as a private residence, may be displayed by one sign visible from the
treet to advertise such use, not to exceed 144 square inches in area.
6. Any non - conforming structure destroying as much as 80% of the appraisal
lue shall not be replaced. No storage tank, pump, machinery or filling station for the delivery'
gasoline or other fuel to motor vehicles for commercial, wholesale or retain purposes shall be
installed or operated u"Ion the streets or side walks or in or upon any property located
thin the area hereby described and zoned.
7. There shall be no outdoor advertising of any commercial of industrial
iness or enterprises or of any of the products thereof. Any outdoor advertising signs of any
or industrial business or enterprise or of any of the products thereo already erected
d in operation shall be removed from their present locations at the expiration of the lease upon
ich they have been permitted to be erected upon the property of others, and if erected upon then,
operty of the owner of the business or enterprise, the person, firm or corporation owning the
siness or enterprise which advertised the same, shall remove said signs from that property in
is zone within six (6) months from the date of the passage of this ordinance.
8. The minimum size of the residences to be constructed and erected from
date of the passage of this ordinance shall be 800 square feet in foundation area and shall
not less than Six Thousand Dollars ($6 exclusive of value of real estate upon which
t is located.
9. No building of any nature whatsoever shall be constructed, erected or
ained, from the date of the passage of this ordinance within Seventy -five (75J feet of the
stern boundary of U. S. Highway 11. No dwelling shall be erected closer than six (6) feet to the
oundary line of the sides or rear of said lots and all vacant lots must be kept clear of weeds,
stes and all types of debris and clear of stagnant waters.
L
10. No dwelling within this area shall consist of any type of
trailers, semi - trailers, motor vehicles or other temporary shelter, nor shall there be permitted
in this area any motor court, auto courts or other tourist accommodations; this does not effect
person renting rooms in their dwelling to permanent or semi - permanent residents or overnight
lodgers in private dwelling as hereinabove provided.
11. No peddling shall be permitted in this area, except that which
may be controlled by the School Board of Frederick County, Virginia. This section does not
apply to the sale of farm or agricultural products.
12 There shall be no public or private outside privies upon said
lots, and the sewage on said lots shall be by septic tanks and drain fields system or by munici-
pal or commercial sewer system, and both systems must be approved by the State Health Department.]
13. All building permits for this area as previously provided for
by an ordinance of the Board of Supervisors of Frederick County, shall be subject to the approval
or disapproval of the Board of Supervisors of Frederick County, Virginia and will not be issued by
the Commissioner of Revenue of Frederick County, Virginia until the same has been approved by thel
said Board of Supervisors.
14. The Planning Commission and the Board of Supervisors reserve
the right to reconsider any or all parts of this ordinance at any time in the future and to make
changes therein according to the statutes of Virginia, and this area shall be designated as amend;
ment to Zone "B ".
15. Every person convicted of a violation of any of the provisions;
of this ordinance shall be deemed guilty of a misdemeanor and each day that such violation exists,
will be deemed to be a separate offense and for each violation thereof the maximum penalty shall
be a fine of Three Hundred Dollars ($300.00) or 30 days in jail.
16. If any part or parts of this ordinance is judicially declared
to be illegal or viod the remaining part or parts shall continue to remain in full force and
effect.
The above ordinance was duly passed unanimously on third and final
reading this 10th, day of October, 1955.
e
LIGHTS - COMMONEALTH'S ATTORNEY'S OFFICE
Upon motion, duly seconded, Joseph A. Massie, Jr., is granted per-
mission to have installed in his office fluorescent lights and fixtures.
I
BILLS PAYABLE
Accounts totaling $7443.74 were approved and ordered to be paid
from the General County Fund by warrants numbers 16221 to 16257 inclusive; and livestock, fowl
claims and Earl Cather's salary totaling $244.04 were approved and ordered to be paid from the
Dog Fund by warrants numbers 1534 to 1540 inclusive.
UPON MOTION, DULY SECONDED, IT IS ORDERED THAT THE BOARD DO NOW
ADJOURN, ( �
CLERK CHAIRMAN
f