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December 12, 1960 to February 13, 196127]. 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 December, 1960. PRESENT: B. 0. Brumback, Chairman, Paul L. Luttrell, C. E. Garber, and Grover Teets. The minute of the last meeting, held on the 14th day of November, 1960, were read and approved. Reports Reports of Harry L. McCann, Treasurer, Earl S. Bailey, Commissioner of the Revenue; Robert L. DeHaven, Sheriff; Agnes Shirley, Home Demonstration Agent; John Wolfe, County Agent; Claude Coffman, Road Engineer and Joseph A. Massie, Jr., Commonwealth's At- torney were read and approved. EQUALIZATION BOARD Upon motion made by Grover Teets and seconded by C. E. Garber this Board unamimously directs the Judge of the Circuit Court of Frederick County, Virginia, appoint an Equalization Board to review the reassessment land book of Frederick County, which was made by the land assessors during the year of 1960 and equalize all assemssments which they deem necessary. COMPENSATION - EQUALIZATION BO ARD: Upon motion made by Grover Teets and seconded by C. E. Garber it is unanimously agreed and ordered that the Compensation of each member of the Equalization Board, be, and hereby is fixed at Twenty ($20.00) Dollars per day. BUR NING KNOLLS - SUBDIVISION SECTION D Upon motion duly made and seconded the following Resolution was duly adopted; Be it Resolved, that the final plat and deed of dedication of Burning Knolls Sub- division - Section D be satisfied and approved subject to approval of the Council of the City of Winchester and C. H.' Coffman, Road Engineer and then the Chairman of said Board shall endorse the plat for the Board by signing his name thereto. FREDERICK COUNTY SCHOOL BOARD - SALE OF THREE COLORED SCHOOLS Upon motion duly made the following request was granted. . The Frederick County School Board in regular session on Tuesday, December, 6 1960, hereby requests the Frederick County Board of Supervisors to authorize the Treasurer of Frederick County to place the.proceeds from the sale of the three pieces of colored school property in the School Building Fund. The three pieces are the Cedar Hill School which sold for $825.00, the Middletown School which sold for $1,525.00 and the Stephens City School which sold for $2,700.00. SCHOOL BOARD REQUESTS - TRANSFER FUNDS Upon motion duly made and seconded The Frederick County Treasurer was granted permission to transfer $1,562.78 from the housing agency to Auxiliary Agencies. GENERAL BUDGET - QUARTERLY Upon motion, duly made and seconded, the following resolution was passed. Be it resolved, that the Board of Supervisors of the County of Frederick, Virginia, that the following appropriations be, and hereby are made for the third quarter of the fiscal year, beginning on the 1st day of January, 1961, from funds and functions for the purposes indicated. 222 Supervisors $1,000.00 i Assessor 4 Treasurer 2 Clerk 1 Administration of Justice 2,000.00 Crime Prevention 3 Fire 600.00 Welfare 3,000.00 Public Health 2 Public Building 2 Agric. & Home Econ. 1 Misc. 2,000.00 Elections 506.00 $25,806.00 TOTAL Virginia Public Assistance Fund 41,000.00 SCHOOL BUDGET - FREDERICK COUNTY January 1 - March 31, 1961 17a Administration 5 17b Instruction 201,500.00 17c Co- Ordinate Activities 1 17d Auxiliary Agencies 359 17e Housing 40,500.00 17f Fixed Charges 4,000.00 TOTAL OPERATION 288 Capital Outlay 6 Building Fund 135,000.0 TOTAL 141,000.00 GRAND TOTAL 429,300.00 ROADS - ROUTE 50 PROJECT 0050- 034 -013 -1014 Upon motion duly made and seconded the following resolution was passed. WHEREAS, this Board having been advised by letter dated November 23, 1960, of the recommendations of the Highway Department for the disposition of sections of old Route 50, due to:the construction and relocation of Route 50 - Project 0050- 034- 013 -014 and request this Board's approval, now therefore. RE IT RESOLVED This Board approves the recommendations of the State Highway Department and the disposition of the following changed due construction and relocation of Route 50 - Project 0050- 034 - 013 -014, as follows: Add to the Secondary System: Under Section 33 -27 of the Code of Virginia: Sections No. 1, 2 and 3 from the new location of Rt. 50 at 0.87 Miles West of Rt. 621 to Intersection with new location of Rt. 50 at 0.06 miles East of Rt. 608. Total length 2.25 Miles. CEDAR MEADE SUBDIVISION - SECTION 4 Upon motion duly made and seconded the Cedarmeade Subdivision 4 was tentatively approved. 273 PLAT SHAWNEE LAND - Section B MARJEC Lots C through N On motion duly made by Paul Luttrell seconded by Grover Teets, the following resolu- Ition was adopted: Be it Resolved, that the Plat of "Shawnee Land, Section B, Lots C though N, of Marjec, Incorporated, located about ten (10) miles West of Winchester, Virginia, in Back Creek District, Frederick County, Virginia, be, and the same is hereby approved as to the size of lots and location of streets, and the deed of dedication attached thereto, and that the same be recorded within sixty (60) days from the date hereof by the Clerk of the Circuit Court of Frederick County, Virginia, upon presentation of the same by Marjec, Incorporated, and upon compliance with all the directions of the ordinances of the County of Frederick. COMMISSIONERS OF THE REVENUE REQUEST FOR INCREASE Upon motion duly made and seconded the request of Earl S. Bailey that his request for the compensantion of his deputy or deputies for the year 1961 be fixed at ($3,600.00 instead of $2,400.00 which was the amount requested in his annual request and upon motion duly made and seconded this Board unanimously approves and concurs with said request. ACCOUNTS PAYABLE Accounts totaling $9,998.10 were approved and ordered to be paid from the General County Fund by warrants 20364 to 20414 inclusive; livestock, fowl claims and Henry S. Bursey's Salary totaling $435.37 were approved and ordered to be paid from the Dog Fund by warrants 1938 to 1945 inclusive. .UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. -49 //, (p9 4 t p a P1 o CLERK CHAIRMAN 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 January, 1961. PRESENT: B. 0. Brumback, Chairman, Paul Luttrell, W. Hurl Himelright, C. E. Garber and Grover Teets. The minutes of the last meeting held on 12th day of Dec. 1960 were read and approved. REPO RTS: Reports of Harry L. McCann, Treasurer; Earl S. Bailey, Commissioner of Revenue, Robert L. DeHaven, Sheriff; Agnes Shirley, Home Demonstration Agent; John Wolfe, County Agent; Claude Coffman, Road Engineer; were read and approved. V ACATION OF PLAT - J. P. ARTHUR Upon motion of Grover Teets and seconded by W. Hurl Himelright the deed to vacate the J. P. Arthur Subdivision was approved. 274 Upon motion duly made by Grover Teets and seconded by Paul Luttrell, that certain Ordinance providing for the Removal and Disposition of Unattended or Abandoned Vehicles, a copy of which is attached hereto and made a part hereof, was duly adopted unanimously on first and second / reading by the Board of Supervisors. The Clerk is ordered to have notice of such ordinance published once a week for two successive weeks in the Winchester Evening Star. It is the in- tention of sa Board to prepare t he 'same for its thir an d final reading and passag at its _ REMOVAL AND DISPOSITION OF UNATTENDED OR ABANDONED VEHICLES Section 1: Whenever any motor vehicle, trailer or semi - trailer is found on the public streets, highways, alleys or public grounds, including all state main- tained highways, or public grounds, unattended by the owner or operator and constituting a hazard to traffic, or is parked in such manner as to be in violation of law, or when any such motor vehicle, trailer or semi - trailer is left unattended for more than ten (10) days) I upon any privately owned property others than the property of the owner of such motor vehicle, ) trailer or semi - trailer within the County of Frederick, or is abandoned upon such privately owned property, without permission of the owner, lessee or occupant thereof, any such motor vehicle, trailer or semi - trailer may be removed for safekeeping by or under the direction of the Sheriff of Frederick County or the Sergeant of the State Police serving Frederick County to a storage garage or area, provided, however, that no such vehicle be so removed from pri- I vately owned premises without the written request of the owner, lessee' or occupant thereof.i Section 2: The person at whose request such motor vehicle, trailer or semi - trailer is removed from privately owned property shall indemnify.the County of Fred; - e I erick against any loss or expenses incurred by reason of removal, storage or sale thereof. Section 3: Each removal of such motor vehicle shall be reported im- mediatley to the office of the Sheriff of Frederick County, and notice thereof, in writing, given by him to the owner of the motor vehicle, trailer or semi - trailer as promptly as pos- sible. Section 4: The owner of said motor vehicle, trailer or semi - trailer, before obtaining possession thereof, shall pay to the County of Frederick all reasonable colts incidental to the removal, storage and locating the owner of such motor vehicle, trailer or semi - trailer, Should such owner fail or refuse to pay the costs, or should the identity or whereabouts of such owner be unknown or unascertainable after a diligent search..has'been made and after notice to him at his last known address and to the holder of any lien of rec ord in the office of the Division of M Vehicle in Virginia against the motor vehicle, trailer or semi - trailer, the Sheriff of the County of Frederick, after holding the motor vehicle, trailer or semi - trailer ninety .(90) days from the date of receiving the same and after due notice by advertising once a week for two (2) weeks in a newspaper having generai circulation in Frederick County of sale of the same, shall dispose of the same at public sale as advertised, and the proceeds of the sale shall be forwarded by the said Sheriff to the Treasurer of the County of Frederick, The Treasueer shall pay, from the proceeds of sale, the costs of removal, storage, investigation as to ownership, notice of sale and liens, in said order, and the balance of said funds shall be held by him for the owner and pay to the owner upon satisfactory proof of ownership. I Section 5: If no claim has been made by the owner for the proceeds of such sale, after the payment of the above mentioned costs, the funds may be deposited to the General Fund or a special fund or such County as designated by the Board of Super- visors. 'Any such owner shall be entitled to apply to the County of Frederick within three (3) years from the date of such sale and if timely application is made therefor, the said County shall pay the same to the owner without interest or other charges. No claim shall b made nor shall any suit, action or proceeding be instituted for the recovery of such funds after three (3) years from the date of such sale. Section 6: Should any section or portion of this Ordinance be de- clared invalid by any Court of competent jurisdiction, the remaining section or portion or I I portions thereof shall remain in full force and effect. 2'75 This ordinance shall become effective as soon after the passage hereof as provided by law. ORDINANCE - COUNTY TAX ON BANK STOCK Upon motion of Grover Teets and seconded by W. Hurl Himelright an Ordinance entitled as follows: COUNTY TAX ON BANK STOCK WHEN BANK IS LOCATED IN FREDERICK COUNTY OUTSIDE OF ANY INCORPORATED TOWN THEREIN AND ON ANY BANK STOCK WHEN BRANCH OF ANY BANK IS LOCATED IN FREDERICK COUNTY OUTSIDE ANY INCORPORATED TOWN THEREIN, WHEN PRINCIPAL OFFICE OF SAID BANK IS LOCATED IN ANY OTHER CITY, COUNTY OR TOWN IN THIS STATE. 1. There shall be imposed a tax of Eighty Cents ($.80) per One hundred Dollars ($100.00) of the taxable value of the shares of stock in any bank located in Frederick County outside the corporate limits of any town therein as of the beginning of the tax year. 2. There shall be imposed a tax of Eighty Cents ($.80) per One Hundred Dollars ($100.00) on such proportion of the taxable value of the shares of stock in branch or branches of a bank whose principal office is located in some other county in this State or in any incorporated town somewhere in this State or in any city in this State, which bank has a branch in Frederick County, as deposits through such branch or branches so located in Frederick County outside any incorporated town therein bear to the total deposits of the bank as of the beginning of the tax year. The above ordinance has passed its first and second reading. The Clerk is ordered to have notice of said ordinance published once a week for two successive weeks in the Winchester Evening Star. It is the intention of said Board to prepare the same for its third and final reading and passage at its regular meeting on the 13th day of February, 1961 A public hearing will be held at that time. ROADS - ROUTE 81 Upon motion duly made and seconded the following resolution was adopted: WHEREAS, it is proposed by the Virginia Department of Highways, in the construction of Route 81 - Profect 0081- 034 -101 G -303 Frederick County, to eliminate a grade separation where � oute 663 crosses proposed Route 81, in the interest of economy. NOW, BE I RESOLVED, that this Board hereby concurs in the recommendation to eliminate this crossing since it is the sense of this Board that the inconvenience and damages coused to the property owners using Route 663 at this location would be much less than the cost of constructing a crossing of Route 663 over proposed Route 81. ROADS - ROUTE 81 Upon motion,duly made and seconded the following resolution was adopted. WHEREAS, it is proposed by the Virginia Department of Highways, in the construction of Route 81 - Project 0081 - 034 -001, C -501, Frederick County, to dead end Route 625 east of Middletown and construct a service road to connect Route 625 with Route 627 and, Whereas it is proposed to discontinue Route 634 from the west right of way line of proposed Route 81 to Route 11 and construct a service road from Route 634 to Route 627 where a grade separation is to be constructed and, WHEREAS, it is proposed to dead end Route 633 at the west right of way line of Route 81, in the interest of economy. NOW, BE IT RESOLVED, that this Board hereby concurs in the recommendation to treat the above roads as outlined above since it is the sense of this Board that the inconvenience and damages caused to the property owners using these roads would be much 276 less than the cost of constructing grade separation at these low traffic volume secondary roads. PLAT Wilkins - SHENANDOAH HILLS - Section One Upon motion duly made and seconded the preliminary plat Wilkins Shenandoak Hills Section One located one mile east of Winchester in Shawnee District was ap- proved. GREEN ACRES - SECTION TWO - WILKINS Upon motion duly made and seconded the plat Green Acres Section 2 was approved subject, However, approvfal by the Department of Highways and Common Counc of the City of Winchester and posting bond in the amount of $3000.00 REDUCTION OF BOND - JAMES R. WILKINS Upon motion duly made and seconded it is ordered that the bond of James R. Wilkins - Green Acres Subdivision Section One, be reduced from•.Four..Thousald Dollars to Three Thousand and Five Hundred Dollars. BUDGET TENTATIV 1961 -1962 SPECIAL MEETING a/ Upon motion duly made and seconded, it is ordered that a Special Meeting be *hel(n the 8th day of February, 1961 for the purpose of preparing the County Budget for the year beginning on the 1st day of July, 1961, at 10:00 O'clock A. M. and ending on the 30th day of June, 1962. ROADS - SEQ014DARY - IMPROVEMENTS AND ADDITIONS Upon motion duly made and seconded and in the accordance with the law, The Frederick County Board of Supervisors will hold their regular meeting on req for Secondary Road Improvement and Additions on Monday, March 13, 1961 at 11:00 A.M. ROADS * DISCONTINUED The following road have been discontinued by the Department of Hight ways. Section (2) - Old location of route 657 from a point 0.03 mile East of new location, easterly to a point 0.07 north of Clark County line length 0.12 mi. Section (2) and 3 of old route 681 Project 0681 -034 -311 between, Station 2150 and Stations 2950 0.16 mi. ROADS - ADDITIONS mi. Section (1) -- New location of route 681 Project 0681 -034 -3311, be tween Station 2150 and stationed 2950 0..15 mi. Sections (1,2,3) from the east intersection with new location of Route 50 at 0.06 mi. East of route 608 Total length 2.25 miles. ROADS - CRISMAN SUBDIVISION Pennsylvania Avenue from 0.06 mile Southwest of int. Jackson Street 0.03 mile northeast of int. Locust Ave. 0.18 mi. Jackson Avenue - from Int. Braddock Street to Int. Pennsylvania Ave. 0.12, I mi. Locust Avenue from Int. Braddock Street to Int. Pennsylvania Avenue 0.11 mi. 277 J SAL ARIES AND EXPENSES Upon motion of Grover Teets and seconded by W. Hurl Himelright, the salwy and expense accounts for the year beginning on the first day of January, 1961, of the Treasurer; salary $5,700.00 Deputies office Assistants, $5 extra help the Compensation Board. $400.00; and other expenses, $1,972.50, total $13,472.50. The salary and expense account of the Commissioner of the Revenue $5,500.00; deputy, typist and extra help $9,160 other expenses $1,625.50 total $16,285.50; the salary of the Commonwealth's Attorney; salary $4,500.00, secretary $1,400.00, other expenses $120.00, total $6,020.00. The salary of the Sheriff $5,500.00, Deputies, matron Clerk and jail cook, $16,080. and other expenses $1,968.00 total $23,548.00. The above were approved as fixed by a ALAR Y - SUPERINTENDENT OF- SCHOOLS The following is a report from the State Board of Education concerning the salary of the Frederick County Superintendent of Schools for the year beginning on the first day of January, 1961. Based on the 1960 census will be $1;492.00 County's share. DOG WARDEN Upon motion of W. Hurl Himelright and seconded by C. E. Garber, the Board ordered that the Salary of Henry S. Bursey, Dog Warden, be increased from $125.00 to $150.00 per Calendar month, beginning on the first day of January, 1961. ACCOUNTS PAYABLE Accounts totaling $6,571.93 were approved and ordered to be paid from the General County Fund by warrants 20415 to 2G470 inclusive; livestock, fowl claims, and Henry S. Burley's salary totaling $245.10 were approved and ordered to be paid from the Dog Fund by warrants 1946 to 1948 inclusive. Upon motion duly made and seconded, it is ordered that the Board do now adjourn. Lon d /.�c.t� 9cQ CLERK UJ t D1 /"'< CHAIRMAN I 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 13th day of February, 1961. Present: B. 0. Brumback, Chairman, Paul Luttrell, W. Hurl Himelright, 1 C. E. Garber and Grover Teets. The minutes of the last meeting held on the 9th day of January, 1961, were read and approved. REPORTS: Reports of Harry L. McCann, Treasurer; Earl S. Bailey, Commissioner of Revenue; Robert L. DeHaven, Sheriff; Agnes Shirley, Home Demonstration Agent; John - Wolfe, County agent; Robertd,James, Welfare Superintendent and Claude Coffman, Road Engineer, were read and approved. 2"78 ROADS Upon motion duly made and seconded the Clerk' is ordered to have the following notice published in the Winchester Evening Star. In accordance with the law, the Frederick County Board of Supervisors will hold their regular meeting�n requests for Secondary.Road Improvements and Additions 6n Monday,l March 13th, 1961, at eleven O'clock A. M. COUNTY DUMP E. B. Lee, a member of the Clark County Board of Supervisors in regards to Clarke County using the County Dump. AGREEMENT On motion duly made and seconded the Board authorizes the purchase of approxima one acre of land to be added to the County Dump from Philip Williams. Provided further that the maintenance of same be shared equally with Clarke County Board after Clarke Coun has paid for the initial preparation and maintenance of the area. This agreement to Exp December 31, 1963. APPLE BLOSSOM CC&IMITTEE Upon request of J. P. Arthur of the Apple Blossom Committee, they be granted permission to use the Plaza for Amusements Wednesday through Thursday and Friday, April' i 26 27 and 28, 1961. All equipment to be removed by early Saturday morning. Upon motion duly seconded, it was unanimoulsy decided to grant the above requested permission; subject however; to the following restrictions; that no bricks be damaged, all damage to meters to be paid, no stakes be driven, no wires to be used; and further it is not to be used for living quarters. Bond is to be posted if declared necessary by sa Board. ORDINANCE - Removal and Disposition of Unattended and Abandoned vehicles. The Ordinance as recorded on page 274 of this book which passed its first and second reading on the 9th day of January, 1961, having been duly advertised in two suc- cessive week in the Winchester Evening Star for a public hearing on the 13th day of February, 1961, for its third and final reading and adoption; and upon motion of Grover Teets and seconded by C. E. Garber said ordinance is unanimously enacted. ORDINANCE - COUNTY TAX ON BANK STOCK The Ordinance as recorded on page 275 in this Book which passed its first and second reading on the 9th day of January, 1961; having been duly advertised in the Winc- hester Evening Star for a public hearing on the 13th day of February, 1961 for its third and final reading and adoption; and upon motion of'W. Hurl Himelright and seconded by Paul Luttrell said ordinance is unanimoulsy enacted. REAL ESTATE - PURCHASED FROM PHILIP WILLIAMS Upon motion by Grover Teets and seconded by W. Hurl Himelright the contract and deed for the purchase of additional land for the County dump from Philip Williams. The said instruments are recorded in Deed Book 266,.page 402 and Book 266 page 403 res- pectively, are hereby unanimously approved as recorded. s 4' 2'79 0 LAND - PHILIP WILLIAMS - County Dump Upon motion duly made and seconded, it is ordered that a warrant be drawn, payable to Lee N. Whitacre in the amount of $200.00 refund for ¢ash advanced to C. E. Garber for pay- ment of a tract of land purchased from Philip Williams said deed is recorded in Deed Book 266 at Page 403. ROAD FUNDS - TRANSFERRED Upon motion of Grover Teets and seconded by Paul L. Luttrell the following resolu- tion was adopted WHEREAS, the property owners along Route 666, from Route 761 to 0.8 mi. North, have failed to provide and deed the necessary rights of way, clear of fences for the re- quested improvements of this road NOW BE IT RESOLVED that the funds set up in the 1960- 1961 Final-Secondary Budget as follows: Rt. 0666 - Budget Item 3306 - From Route 761 to 0.8 Mi. North - $4,000.00., be transferred to Route 729, from Route 761 to Route 664, and this $4,000.00 be used for the improvement of this section of Route 729 1 STONEWALL JACKSON MEMORIAL Mr. Johns, President of Stonewall Jackson Memorial Association appeared before the Board along with a delegation and requested that the Board contribute $500.00 to said memorial. No action was taken. BIRDS - FEEDING Upon motion duly made and seconded, it is ordered that a warrant be drawn in favor of Earl L. Cather, Game Warden in the amount of Twenty Five Dollars to purchase feed for birds. The same is to be distributed by the said Game Warden. POPULATION - 1960 CENSUS Pursuant to the provisions of Section 1 -13.35 of the Code of Virginia, I hereby certify that the population of the County of Frederick, as shown and established by the 1960 United States Census and as furnished to me by the Department of Commerce of the United States government, is 21,941 Given under my hand this 5th day of December, 1960. J. GORDON BENNETT Auditor of Public Accounts Commonwealth of Virginia ACCOUNTS PAYABLE Accounts totaling $7,850.35 were approved and ordered to be paid from the General County Fund by warrant 20471 to 20531 inclusive; livestock, fowl claims, and Henry S. Bursey's salary totaling $324.90 were approved and ordered to be paid from the Dog Fund by Warrants 1946 to 1953 inclusive SPECIAL MEETING BUDGET TENTATIVE 1961 - 1962 Upon motion duly made and seconded, it is ordered that a Special Meeting be held -on the 22nd day-of February, 1961, for the purpose of preparing the County Budget for the year beginning on the 1st day of July, 1961, at 10:00 O'clock A. M. and ending on the 30th day of June, 1962. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. __ __t' CLERK �l CHAIRMAN