June 10, 1957 to August 12, 1957165
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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 10th day of June, 1957.
1P- R- E- S -E -N -T
C. hi. Rosenberger, Chairman; B. 0. Brumback, L. R. Omps, C. E. Garber,
and Grover Teets.
The minutes of the regular meeting held on the 13th day of May, 1957,
were read and approved.
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REPORTS
Harry L. McCann, Earl S. Bailey, Joseph A. Massie, Jr., Robert L. DeHaven
Agnes Shirley, John Wolfe, Claude Coffman and Annie Sue St. Clair.
Reports of Harry L. McCann, Treasurer; Earl S. Bailey, Commissioner of
the Revenue; Joseph A. Massie, Jr., Commonwealth's Attorney; Robert L. De Haven, Sheriff; Agnes
Shirley,'Home Demonstration Agent; John Wolfe, County Agent; Earl Cather, Game Warden; and Claude
Coffman, Road Engineer; were read and approved.
PLAT- GREENWOOD HEIGHTS
The plat of Greenwood-heights,-Subdivision #2, was tentatively approved.
PLAT - HINKEL LAMP
The plat of Hinkel Lamp Subdivision was tentatively approved.
ASSESSING PROPERTY BY THE STATE CORPORATION COMMISSION
Upon-motion duly made and seconded, the following resolution was unani-
mously adopted:
WHEREAS, it has been suggested by Judge Ralph Cattarall of the State
Corporation Commission, that a change be made in the method of assessing public utility real and
personal property, effective January 1, 1958; and
WHERLAS, if this directive is followed, the resulting loss of revenue to
the various counties will bring on serious financial difficulties affecting the ability of
counties to discharge their assumed'obligations and have a damaging effect on the credit rating
of the counties; and i
WHEREAS, the method of appraising the value of real estate property other
than the public utilities is different from that employed by the Corporation Commission for the
property of public utilities in the Counties of Virginia; and
WHEREAS, the Board of Supervisors of Frederick County, Virginia, believes
that no change in the present method should be attempted without thorough consideration being
given to all phases of this problem;
NOW THEREFORE, BE IT RESOLVED, That the Board of Supervisors of Frederick',
County recommends that no change in the present method of assessing the property of public utili
ties in Virginia be made at this time; and
BE IT FURTHER RESOLVED' that.the General Assembly of Virginia at its
1958 session be requested to pass an appropriate resolution staying the State Corporation Commis-
sion from putting this proposed change into effect.
CONDEMNA PROCEEDINGS
Upon motion, duly made and seconded, the resolution adopted on the 22nd
day of April, 1957; and recorded in Supervisors Book Na.- 9 at pages 158 -159 -160, is hereby
rescinded.
CONDEMNATION PROCEEDINGS
Upon motion, duly made and seconded, the Commonwealth's Attorney for
Frederick County is unanimously ordered to file another condemnation suit - Frederick County vs.
T. C. Keckley, Warren L. Keller, A. Garland Williams et als for rights of way for sewer lines.
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i CONDEMNATION OF LAND FOR SEWER LINE Upon motion duly made, and seconded the follo*ing
resolution was passed and adopted-
WHEREAS, the County of Frederick desires to erect, lay and maintain a
sewer line in conjunction and agreement with the City of Winchester, Virginia, near the Southern limits of e
limits of the said City in the County of Frederick, Virginia, for the purpose of providing the
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Robinson memorial School and any inhabitants of the County of Frederick adjacent to said sewer
line who may desire to attach thereto with an adequate sewerage system; and,
WHEREASi the Board of Supervisors of the County of Frederick deem it in
the public interest to promote the health and welfare of the inhabitants of the County of Fred-
erick and the school children thereof, and that an adequate sewerage system be constructed and
maintained to so properly serve the said people in the said area heretofore mentioned; and,
WHEREAS, the said County, by its Board of Supervisors, has authorized
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the Commonwealth's attorney to attempt to purchase the necessary rights, rights -of -way, and
easements over a portion of the lands which said sewerage system is to serve aid for the school
property, by offering the sum of Ten Cents ($.10) per linear foot for a Twenty Foot (20) wide
right of way; and,
WHEREAS, the County of Frederick has been unable to purchase the neces-
sary rights, rights -of -way, and easements over a portion of the aforesaid lands, and the Board
of Supervisors now deem it necessary that said rights, rights -of -way, and easements be obtained
by condemnation, Now Therefore This Resolution,
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RESOLVED
1. That the Board of Supervisors in its judgment declares that in its
opinion it is necessary to provide an adequate sewerage system for the inhabitants of Shawnee
District, Frederick county, Virginia, and for the students of the Robinson Memorial School.
2. That the Board of Supervisors of the County of Frederick, Virginia,
I in its opinion, deems it a public necessity to acquire for the purpose of providing said sewer-
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age system, rights, rights -of -way, and easements over and along the lands owned by the persons
whose names and addresses are as follows:
T. C. Keckley and Letha V. Keckley
Paper Mill Road
Frederick County, Virginia
Warren L. Keller
Paper Mill Road
Frederick County, Virginia
A. Garland Williams
Berryville, Virginia
Thomas A. Williams
Middletown, Virginia
S. Bertha Williams
Millwood Pike
Frederick County, Virginia
3. That the interest to be acquired is a permanent easements and right
of way including the perpetual right to enter upon the real estate hereinafter described at any
time that said County, its representatives, employees or assigns may see fit, and construct,
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maintain and repair underground pipelines and /or mains for the purpose of carrying sewer, water
or waste products, over, across, through and under the lands hereinafter described, together
with the right to excavate and refill ditches and /or trenches for the location of said pipelines)
and /or mains and the further right to move trees, bushes, undergrowth and other obstructions
interfering with the location, construction and maintenance of said pipelines and /or mains. 1
4. That the tracts of land over and through which a twenty (20 ft.) foo
easement and right -of -way is sought to be condemned are described as follows:
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TRACT 1- The center line of the 20 ft. right -of -way through the land of
T. C.. Keckley, said land being located .4 miles South of the South City limits of Winchester,
Virginia, and a_short distance Southwest of Featherbed Lane, and situate in Shawnee Magisterial
District, Frederick County, Virginia, and is more particularly described by plat and survey of
Richard U. Goode, C. L. S., dated December 8, 1956, attached hereto and made a part hereof as
Exhibit A, and being over and across the lands owned jointly by the aforesaid T. C. Keckley and
Letha V. Keckley.
TRACT 2- The center line of the 20 ft. right -of -way through the land of
W. L. Keller, said land being located on the East side of the B. & 0. Railroad about .4 miles
South of the South City limits of Winchester, Virginia, and is more particularly described by
plat and survey of Richard U. Good, C. L. S., dated December 8, 1956, attached hereto and made
a part hereof as Exhibit B., and being over and across the lands owned by the aforesaid W. L.
Keller.
TRACT 3- The center. line of the 20 ft. right -of -way through the Williams'
land, said land being located on the South side of U. S. Highway No. 50, just East of the City
of Winchester, and situate in Shawnee Magisterial District, Frederick County, Virginia, and is
more particularly described by plat and survey of Richard U. Goode, C. L. S., dated October 22,
1956, attached hereto and made a part hereof as Exhibit C, and being over and across the lands
owned jointly by the aforesaid A. Garland Williams, Thomas A. Williams and S. Bertha Williams.
None of the aforesaid plats show a profile because the County will make no
permanent fills or cuts, and will build no trestles or bridges on any of said tracts.
5. That the Board of Supervisors of the County of Frederick, Virginia,
has made a bona fide ineffectual effort to acquire said easements and rights -of -way from the
owners of said properties, but because of inability to agree upon the price or terms the acquisi
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tion by purchase cannot be made.
6. That the said Board of Supervisors is of the opinion that a public
necessaity requires the condemnation of the aforesaid parcels of land and inasmuch as negotia-
tions by said County for the purchase of rights, rights -of -way, and easements over and across
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the above described parcels of land, have failed, the Commonwealth's Attorney for the County of
Frederick, Virginia, is hereby authorized and directed to institute condemnation proceedings in
the name of the Count of Frederick Vir inia for the purpose of acquiring the aforesaid rights,
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rights -of -way, and easements over and across the tracts or parcels of land heretofore mentioned,
in accordance with the provisions of the statutes of Virginia.
+7. That the Board of Supervisors does hereby authorize deposited, pursuant
to the statutes of Virginia, the lump sum of $159.26, to compensate the owners for the acquisition
of said rights, rights -of -way, and easements, from which sum there shall be paid to the owners
of said Tract 1 the sum of$55.56 ($27.78 each); to the owner of said Tract 2 the sum of $35.50;
and to the owners of said Tract 3 the sum of $68.20 ($22.73 -1/3) each.
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AGREEMENT - FREDERICK COUNTY AND CITY OF WINCHES
Upon motion, duly made and seconded, the following agreement was approved
by the Supervisors of Frederick County and the City Council of Winchester; and further the
Chairman is ordered to sign the agreement and as many certified copies as may become necessary,:
THIS AGREE &TENT made this 10th day of June, 1 ?57, between the City of Win-
chester, Virginia, a municipal corporation, of the one part, hereinafter called the City, and
the County of Frederick, Virginia, of the other part, hereinafter called the County.
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WHEREAS, the City owns and operates a sanitary sewer system within the
City of Winchester, Virginia, and County of Frederick, Virginia, and
WHEREAS, the County for the benefit of its school and the prevention of
pollution of Abrams Creek near the City, is in the process of obtaining the necessary rights of
way for the laying of a sewer main over the property more paricularly hereinafter and
desires to connect said main with the City's sewer system for treatment and disposal of the
sewage, Now Therefore This Agreement.
WITNESSETH, That for and in consideration of the mutual promises herein-
after set forth the City hereby agrees to permit the County to connect when completed its sewer
main to be laid over, across and under the lands of Feckley, Keller and Williams as more fully
shown on those certain plats of Richard U. Goode, attached hereto and as a part. Said connectio
to be made with the City's sewage system at the point marked 4 on the plat of Williams hereto
attached.
In consideration whereof the County:
1. Grants to the City complete authority over the construction, manage-
ment, supervision, operation, maintenance, regulation and control of said server main.
2. Agrees that the City may fix, charge, collect and keep all revenues,
fees, rents or charges d "demed'fnom the use and services of said sewer main.
The City: 1. Agrees to pay for all cost of installing, constructing, managing,
supervising and maintaining said sewer main from its appropriated sewer fund.
2. Convey, treat and dispose of all sewage from said sewer main and any
laterals hereafter connected in the area drained by said sewer main subject to the City's rules
and regulations.
PLANNING COMMISSION - AMERICAN TELEPHONE AND TELEGRAPH CO.
Upon motion, made and duly seconded, the following report of the Planning
Commission was approved as presented:
IN RE: APPLICATION OF THE AMERICAN TLELPHONE AND TELEGRAPH
COMPANY OF VIRGINIA A VIRGINIA CORPORATION, FOR PERMIT
TO BUILD NON - COMPLYING GUILDING IN ZONED AREA "B ".
The Planning Commission of Frederick County, Virginia, received a copy
of a petition of the American Telephone ano Telegraph Company, filed with the Board of Super-
visors of Frederick County, Virginia, on May 13, 1957, together with a resolution of the Board
of Supervisors of Frederick County,Virginia, on May 13, 1957, adopting the petition for non -
conforming use on first and second readings, and referring the same to the Planning Commission
for consideration after first ordering a public hearing, said report to be filed within 30 days
from the 13th day of May, 1957.
The Planning Commission of Frederick County, Virginia, then advertised
in the Winchester Evening Star on the lst day of June and on the 3rd day of June, 1957, that it
would hold a public hearing at 4:00 P. M. on the 6th day of June, 1957, concerning the petition i
l of The American Telephone and Telegraph Company of Virginia.
The said public hearing was so held in the Board of Supervisors room in
the County Office Building in the City of Winchester, Virginia, and was attended by E. Earl
Shade, Chairman; Grover Teets, member; and James W. Golladay, Secretary; as well as the Common-
wealth's Attorney for the County of Frederick, Virginia, and the attorney for the American Tele -
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phone and Telegraph Company of Virginia, and John W. Jolliffe „ and Irving Cather, and a con-
tractor for the American Telephone and Telegraph Company of Virginia, who said that he would
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build the building.
The Planning Commission then heard discussion concerning the application
from all parties present.
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After due consideration of all the evidence, it is the opinion of the Planning Com-
mission of Frederick County, Virginia, that said petition of the American Telephone and Telegr
Company of Virginia should be granted and that an exemption from the zoning ordinance granted
to the said petitioner to erect a masonery building 12 x 14 feet in size, one story high upon
the property to be purchased from J. W. Jolliffe on the Eastern side of U. S. Highway 11 in
Zoned Area "B ", and to use said building in manner and form and for the purposes set forth in
said petition, and that said building may be enlarged or added to in the future, and that said
permit be permanent, and that the Commissioner of Revenue for the County of Frederick, Virginia ,
be authorized to grant to the petitioner the necessary building permit in order to erect, main- i
tain, and enlarge as necessary the said building.
This report is respectfully submitted to the Board of Supervisors of
Frederick County, Virginia, pursuant to the statutes of Virginia, and the ordinances of the
County of Frederick and the resolutions of the Board of Supervisors.
ZONED AREA B - VARIANCE
Upon motion, duly made and seconded, an ordinance as recorded in the
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Supervisors' Book No. 9 at Page 163, providing for a variance in Zoned Area B having passed its
first and second readings on the 13th day of May, 1957; it is ordered that it be published in
the Winchester Evening Star and that the public hearing be held on the 8th day of July, 1957
for citizens who wish to appear before the Board to state their views as to approval or dis-
approval of said variance.
ACCOUNTS PAYABLE
Accounts totaling$4750.58 were approved and ordered to be paid from the
General County Levy by warrants numbers 17608 to 17645 inclusive; livestock claims, fowl claims
and Earl Cather's salary totaling $686.90 were approved and ordered to be paid from the Dog
Fund by warrants numbers 1695 to 1705 inclusive.
HAIRMAN
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 July, 1957.
P- R- E- S -E -N -T
C. M. Rosenberger, Chairman; B. 0. Brumback, L. R. Omps, C. E. Garber,
and Grover Teets.
The minutes of the last meeting held on the 10th day of June,
read and approved.
REPORTS
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1957, were.
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Harry L. McCann, Earl S. Bailey, Joseph A. Massie, Jr., Robert L. DeHaver.
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Agnes Shirley, John Wolfe, Claude Coffman and Earl Cather.
Reports of Harry L. McCann, Treasurer; Earl S. Bailey, Commissioner of
the Revenue; Joseph A. Massie, Jr., Commonwealth's Attorney; Robert L. DeHaven, Sheriff; Agnes
Shirley, Home Demonstration Agent; John Wolfe, County Agent; Claude Coffman, Road Engineer; Dr.
A. L. Lindall, Health Officer; and Earl Cather, Game Warden; were read and approved.
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SCHOOLS - BORROW MONEY
Upon motion, duly seconded, the following request was granted:
The Frederick County School Board in regular session on Tuesday, July 2,
1957, on motion of Mr. Fred t,. Whitacre and seconded by Mr. Huyett G. Light unanimously adopted
the following resolution:
The Frederick County School Board is now in the process of completing
the Robinson Memorial Elementary School. The School Board contemplated paying for equipment,
the sewage line and the final installment of architects' fees from a portion of the 60 cent Building
Fund Levy due in the fall of 1957• As the building will be accepted sometime during the month
of July, 1957, the Board will need funds between now and November of 1957 in order to pay the
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architects' fees and the cost of constructing the sewage disposal system. Hence, the Frederick
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County School Board requests the Frederick County Board of Supervisors to grant it permission to i
borrow what is needed, up to $14,000.00 on a 120 day note, on or around August 1, 1957, in order j
to finance these payments now due on the Robinson Memorial School. The note is to be paid in
November from the 60 cent Building Fund �evy.
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ORDINANCE - RABIES - DOGS
Upon motion, duly made and seconded, the following ordinance passed its
first and second reading and it is ordered that the public hearing be held on the 12th day of
August, 1957, for its third and final reading and adoption. It is further ordered that the Cler
have the same published in the Winchester Evening Star:
Be It Ordained by the Board of Supervisors of Frederick County, Virginial,
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as follows:
Section 1: It shall be unlawful for any person, firm or corporation to
I own, keep, hold or harbor any dog, over the age of 6 months, within Frederick County, Virginia,
unless said dog shall have been vaccinated with a modified live virus (Flury) strain rabies y
vaccine, approved by the Virginia State Department of Health, within a period of 36 months,
! inoculated within a period of 12 months with a killed rabies vaccine approved by the Virginia
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State Department of Health.
Section II; Any person, firm corporation.transporting a dog into -
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Frederick County from some other jurisdiction, shall be required to conform with the above regu-
lation within 30 days. ,
Section III: (a) At the time of vaccination, a- suitable- and- d- i- stinctiv
collar — tag -and cer//t11`i`` icate of inoculation setting forth the type of vaccine used shall be issued
to the dog owner Whe collar tag shall be affixed to the dog's collar and must be worn at all
times when the dog is not on the owner's property or in the immediate control of a responsible
person.
c mT(b) Any dog found in Frederick County not vaccinated and
identified as described in the above provisions shall be impounded by the Game Warden or other `
Official responsible for enforcing the dog laws of the Commonwealth of Virginia and such dogs
shall be held for a period of 10 days. The dog may be returned to its owner upon proof of owner-
ship, vaccination of the dog, payment of the cost of impounding the dog and payment of any fine
assessed under the provisions of this ordinance.
4 At the expiration of the 10 day period any dog not so
claimed by.its owner may be disposed of by giving it into the possession of any person willing to'
pay the cost of impounding, vaccination and license, or, it not so disposed of, it shall be
killed in a humane manner by the impounding officer or other designated official.
Section IV: (a) In order to effectuate these provisions, any person,
firm or corporation making application for a dog license shall be required to present to the
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official who issues such licenses, a certificate of rabies vaccination properly executed and
signed by a licensed veterinarian certif ing that the dog has been vaccinated in accordance with
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the provisions set forth in Section l.6 e certificate must show the date of inoculation, rabies'
collar tag number, a brief description of the dog, sex and breed and the owner thereof. The
certificate must be presented before the license is issued and must certify that the dog has
been properly vaccinated within 60 days, if a killed rabies virus vaccine has been used. When
the dog license has been issued the certificate of vaccination shall be so marked and returned
to the dog owner.
0 Section V: When in the judgment of the Frederick County Health Officer
an emergency shall be deemed to exist in Frederick County or any section thereof, due to a wide-
spread rabies epizootic, for the protection of the public health, the Health Officer may declare
a quarantine in Frederick County or such section thereof as may be affected, and restrict all
dogs to the Owners' premises and /or to the immediate custody of a responsible person for the
duration of such emergency as it is set forth.
8 Section VI: Any person violating any of the provisions of this ordinance
or presenting a certificate of vaccination for a dog other than that for which it was issued,
shall, upon conviction thereof, be fined not less than $10;00 nor more than $2.5-.00 for each such
offense.
its final adoption. The invalidity of any section or provision of this ordinance shall not
invalidate any other section or provision thereof.
of Frederick County relating to the requirements of rabies inoculation and the control of rabies
are repealed by this ordinance, such repeal to become effective the instant that this ordinance
becomes effective.
VARIANCE - ZONED AREA "B"
Upon motion duly seconded, the following ordinance was adopted:
09INANCF GRANTING EXCEPTION TO THh REQUIREMENTS OF ZONED AREA "B"
TO THL• AMERICAN TELEPHONE AND TELEGRAPH COMPANY OF VIRGINIA
Whereas the American Telephone and Telegraph Company of Virginia has
Petitioned the Board of Supervisors for an exception to the buildirgrequirements in land uses in
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Zoned Area "B" of Frederick County, Virginia;
sidered this request and has reported favorably to the Board of Supervisors of Frederick County,
Virginia, as required by law; and
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Whereas the Board of Supervisors have approved the petition and the reportl
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of the Planning Commission of Frederick County, Virginia, granting said exception as contained
in said petition and report,
Company of Virginia be granted an exception from the requirements of the zoning ordinance for
Zoned Area "B" in order for the petitioner to erect a masonery building 12 x 14 feet in size, one
story high, upon a certain lot to be purchased from J. W. Jolliffe on the Eastern side of U. S.
Highway No. 11 in said Zoned Area "B", said building to be erected on the rear of said property
in a line Nth and South with the garage and other outbuildings of the said J. W. Jo111ffe, said
building to be used for the purpose of housing telephonic communication equipment, and not to be
used as a dwelling house, or to house noisy equipment or high voltage generating equipment, and I
Section VII: This Ordinance shall be in effect on and after the date of
Section VIII: Any ordinance heretofore adopted by the Board of Supervisors
Whereas the Planning Commission of Frederick County, Virginia, has con-
NOW, THEREFORE, BE IT ORDAINED, that the American Telephone and Telegraph
which building may be enlarged from time to time to accommodate the purposes of its use herein -
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above set forth.
Enacted this 8th day of July, 1957.
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official who issues such licenses, a certificate of rabies vaccination properly executed and
signed by a licensed veterinarian certif ing that the dog has been vaccinated in accordance with
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the provisions set forth in Section l.6 e certificate must show the date of inoculation, rabies'
collar tag number, a brief description of the dog, sex and breed and the owner thereof. The
certificate must be presented before the license is issued and must certify that the dog has
been properly vaccinated within 60 days, if a killed rabies virus vaccine has been used. When
the dog license has been issued the certificate of vaccination shall be so marked and returned
to the dog owner.
0 Section V: When in the judgment of the Frederick County Health Officer
an emergency shall be deemed to exist in Frederick County or any section thereof, due to a wide-
spread rabies epizootic, for the protection of the public health, the Health Officer may declare
a quarantine in Frederick County or such section thereof as may be affected, and restrict all
dogs to the Owners' premises and /or to the immediate custody of a responsible person for the
duration of such emergency as it is set forth.
8 Section VI: Any person violating any of the provisions of this ordinance
or presenting a certificate of vaccination for a dog other than that for which it was issued,
shall, upon conviction thereof, be fined not less than $10;00 nor more than $2.5-.00 for each such
offense.
its final adoption. The invalidity of any section or provision of this ordinance shall not
invalidate any other section or provision thereof.
of Frederick County relating to the requirements of rabies inoculation and the control of rabies
are repealed by this ordinance, such repeal to become effective the instant that this ordinance
becomes effective.
VARIANCE - ZONED AREA "B"
Upon motion duly seconded, the following ordinance was adopted:
09INANCF GRANTING EXCEPTION TO THh REQUIREMENTS OF ZONED AREA "B"
TO THL• AMERICAN TELEPHONE AND TELEGRAPH COMPANY OF VIRGINIA
Whereas the American Telephone and Telegraph Company of Virginia has
Petitioned the Board of Supervisors for an exception to the buildirgrequirements in land uses in
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Zoned Area "B" of Frederick County, Virginia;
sidered this request and has reported favorably to the Board of Supervisors of Frederick County,
Virginia, as required by law; and
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Whereas the Board of Supervisors have approved the petition and the reportl
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of the Planning Commission of Frederick County, Virginia, granting said exception as contained
in said petition and report,
Company of Virginia be granted an exception from the requirements of the zoning ordinance for
Zoned Area "B" in order for the petitioner to erect a masonery building 12 x 14 feet in size, one
story high, upon a certain lot to be purchased from J. W. Jolliffe on the Eastern side of U. S.
Highway No. 11 in said Zoned Area "B", said building to be erected on the rear of said property
in a line Nth and South with the garage and other outbuildings of the said J. W. Jo111ffe, said
building to be used for the purpose of housing telephonic communication equipment, and not to be
used as a dwelling house, or to house noisy equipment or high voltage generating equipment, and I
Section VII: This Ordinance shall be in effect on and after the date of
Section VIII: Any ordinance heretofore adopted by the Board of Supervisors
Whereas the Planning Commission of Frederick County, Virginia, has con-
NOW, THEREFORE, BE IT ORDAINED, that the American Telephone and Telegraph
which building may be enlarged from time to time to accommodate the purposes of its use herein -
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above set forth.
Enacted this 8th day of July, 1957.
1"72
PLAT AND DEDICATION - GREENWOOD HEIGHTS
Heights was approved.
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On motion duly made and seconded, the plat and dedication of Greenwood
PLAT AND DEDICATION - LAMP'S SUBDIVISION
Upon motion, duly made and seconded, the plat and dedication of Lamp's
Sub - division was approved.
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BUDGET - TENTATIVE
Upon motion of Grover Teets and seconded by C. E. Garber, the tentative
et as prepared for the fiscal year beginning on the first day of Jul 1957 and en( on
1 budget P Y g ng Y Y, g
the 30th day of June, 1958; was unanimously approved and the Clerk of this Board is ordered and
authorized to have the same published in the Winchester Evening Star as required by law; and a
public hearing thereof shall be held on the 12th day of August, 19577 at 10:00 A.M.
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ACCOUNTS PAYABLE
Accounts totaling $4554.47 were approved and ordered to be paid from the
General County Levvy by warrants numbers 17646 to 17690 inclusive; livestock claims, fowl claims
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and Earl Cather's salary totaling $250.00 were approved and ordered to be paid from the Dog Fund
by warrants numbers 1706 to 1711 inclusive:
UPON MOTION, DULY SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
CLERK ! N
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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 12th day of August, 1957.
P- R- E- S -E -N -T
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C. Id. Rosenberger, Chairman; B. 0. Brumback, L. R. Omps, C. E. Garber and
Grover Teets.
The minutes of the last meeting held on the 8th day of July, 1957, were
read and approved.
REPORTS
Harry L. McCann, Earl S. Bailey, Joseph A. Massie, Jr., Robert L. DeHaven,
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Annie Sue St. Clair, Earl Cather, Claude Coffman, John T. Wolfe, and H. J. Gherkin, Jr.,
Reports of Harry L. McCann, Treasurer; Earl S. Bailey, Commissioner of the
Revenue; Joseph A. Massie, Jr., Commonwealth's Attorney; Robert L. DeHaven, Sheriff; Annie Sue
St. Clair, Welfare Department; Earl Cather, Game Warden; Claude Coffman, Road Engineer; John T.
Wolfe, County Agent; and H. J. Gherkin, Assistant Count Agent; were read and approved.
BUDGET
Upon motion of Grover Teets, seconded by B. 0. Brumback; according to an;' i
advertisement published in the Winchester Evening. Star that on the 12th day of August, 1957
a public hearing would be held on the Budget for the fiscal year beginning on the 1st day of
July, 1957, and ending on the 30th day of June, 1958, inclusive; there being no taxpayers
appearing before the Board, the Board hereby confirms said Budget as advertised.
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BORROW MONEY
Upon motion of Grever Teets, and seconded by L. R. Omps, and unanimously
passed: IT IS RESOLVED: That Frederick County, through this Board, borrow the sum of not to
exceed $7.500.00 with interest at the rate of 3% per annum from the Middletown State Bank to be
used to meet current expenses and borrowed in anticipation of current revenue to be repaid in
from date. Said sum does not exceed 2 5% of anticipated income from the
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General County Levy; and power and authority is granted to C. M. Rosenberger, Chairman, of the
Board" and Lee N. Whitacre, its Clerk, to execute a note of the Board evidencing the above
obligation.
DELINQUENT TAX
The County Treasurer, Harry L. McCann, presented to the Board the list
of delinquent personal property tax for the year of 1956 as of June 30, 1957, in the amount of
$5189.75; and also, the delinquent real estate tax for the year 1956 as of June 30, 1957, in the
amount of $9347.97, the total being $14,532.72. Upon motion of G. Z). Brumback, and seconded by ,/'
L. R. Omps, it was unanimously approved as presented.
SCHOOL FUND - TRANSFER
Upon motion of C. E.
ordered that the School Fund and the School B
the full amount of School Levy. This will be
Fund to the School Fund, the amount of School
credit of the General Fund; and the Treasurer
becomes available.
PLAT - QUINTOAK - W. W. HUNT
Brumback and seconded by Grover Teets, it is
ailding Fund shall receive during the current year
accomplished by paying from the General County
Levy and placing this total tax income to the
is ordered to transfer these funds as the money
On motion of Grover Teets and seconded by L. R. Omps, the following
resolution was adopted: BE IT RESOLVED: That that certain Plat of V.I. W. Hunt, known as
"Quintoak" dated August 12, 1957, be.temporarily approved as to the size of lots and the location
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of streets, but that the same be not recorded until such time as the said streets are either
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built or paved according to the specifications of the Virginia Department of Highways, or until
the proper bond for the building of said streets is' filed with the Treasurer of Frederick County,
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after approval of said bond made by the Board of Supervisors and the iVirginia Department of
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Highways. The purpose of said temporary approval being to establish the location of the said
prospective streets and easements of utilities for future development adjacent to said sub-
division.
PLAT AND DEED OF "DEDICATION - MARJEC- SHAWNEE LAND
On motion, duly made and seconded, the following resolution was adopted:
RESOLVED that the deed of dedication and plat of Marjec, Inc., for Section
C of Shawnee Land be approved and that the same be presented to the Frederick County KEalth
Department for their consideration and approval; and same be called up for final action at the
September, 1957, meeting of the Board of Supervisors.
PLAT- BETHEL HEIGHTS- RICHARD U. GOODE
On motion, duly made and seconded, the following resolution was
RESOLVED that the Deed of Dedication and plat of Richard U. Goode for his
subdivision of Bethel Heights Section Two be approved and that the same be presented to the
Frederick County Health Department for their consideration:and approval; and the same be called
up for final action at the September, 1957, Meeting of the Board of Supervisors.
'71"74
ROADS - IMPROVEMENT
Upon motion, duly seconded, the following resolution was passed:
WHEREAS; the Commonwealth of Virginia, through the Department of
(Highways, has prepared and submitted plans to the Board for the construction or improvement of
i s section of Route 732 of the State Secondary System, Project 1334 -14, in Frederick County, from
Int. Rt. 622 (N. of Fawcett Gap) to Int. Rt 628, approved July 29, 1957; 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 the Board hereby approves thee
'��plans and requests the Department of Highways to proceed with construction in accordance therewith,
land this Board hereby agrees to assist and cooperate in the acquisition of the right of way shown)
on plans as being required, it being understood that costs for such right of way are to be paid
from Secondary funds allocated or to be allocated to Frederick County.
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 purposes that the Commonwealth of Virginia, Department of Highways, will institute and con-
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iclude condemnation proceedubgs and that all costs are to be paid from Secondary funds allocated
for tobe allocated to Frederick County.
ORDINANCE - RABIES - DOGS
The ordinance on rabies - dogs, etc. as recorded in Supervisors'
Minute Book #9 at pages 170 and 171, having passed its first and second readings on the 8th day
!of July, 1957, was advertised for a public hearing�at the Regular Meeting in August, 1957. No
ipersons appeared in behalf of the adoption of said ordinance. A large delegation appeared before
the Board, some with petitions which were signed by more than five hundred citizens of this
County, protesting against adoption of said ordinance ] xzA&dxi= ; and said ordinance was
read by the Clerk on its third and final reading and adoption. On motion, duly seconded, the
adoption was unanimously rejected.
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, FOXES - TRAPPING
Upon motion, duly made and seconded, the proposed fox trapping
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program was tabled by unanimous vote. The proposal was made by H. M. Hallett of the Loudoun i
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County Health Department.
DROUGHT AID FOR FREDERICK COUNTY
The Board request the Honorable Thomas B. Stanley, Governor of Vir-
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I ginia, to designate Frederick County as a drought disaster area.
, TYPEWRITER
It is ordered and the Clerk of the Circuit Court is given permission
Ito purchase a new electric typewriter for the Frederick County Clerk's Office.
BIuLS PAYABLE Accounts totaling $4655 were approve and ordered to be paid from the General
County Levy by warrants Nos. 17690 to 17814 inclusive; livestock claims, fowl claims, and Earl
Cather's salary totaling $454.42 were approved and ordered to be paid from the Dog Fund by warrants
Nos. 1712 to 1717 inclusive.
UPONMOTION, DULY SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOiJRN.
� a CLERK IHMAN