January 12, 1970I
At the Regular Meeting of the Board of Supervisors of Frederick County,
Virginia, held in the Supervisors Room on the 12th day of January, 1970.
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Thomas B. Brumback, and Raymond C. Sandy, Donald L. Baughman - Acting Chairman.
The minutes of the last meeting held on the 9th day of December, 1969, were
read and approved, as amended.
REPORTS: UPON MOTION duly made and seconded the reports of Harry L. McCann,
Treasurer; Esten 0. Rudolph, Commissioner of Revenue; Lacy H. Anderson, Sheriff of Frederick
County, E. Eugene Gunter, Commonwealth Attorney; Roberta A. James, Department of Welfare,
Agnes Shirley, Home Demonstration Agent; John Wolfe, County Agent and H. C. Crowder, Road
Engineer were read and approved.
DOG WARDED - REPORT
Joseph Palmer, Dog Warden appeared before the Board and gave his report and
presented claims to be paid from Dog Fund.
INSURANCE POLICIES - COMMITTEE APPOINTED
Upon motion duly made and seconded,
Be it Resolved, that a Committee be appointed to review the Insurance Policies
on County Buildings and contents.
The members of the Committee appointed are: Raymond Sandy, Esten Rudolph,
and George B. Whitacre.
The above resolution was passed.
COUNTY DUMP - HOUSEHOLD APPLIANCES
Upon motion of Thomas Brumback.and seconded by Raymond Sandy,
Be it Resolved, that individual household owners assume responsibility for
taking ,junk household appliances to the County Dump on a trial basis for 60 days.
The above resolution was passed.
Upon motion duly made and seconded,
Be it Resolved, that the amendment to the Dump Contract be included in the
minutes as per resolution of December 8, 1969. The original Contract is recorded in
Supervisors Book No. 10, Page 360.
AMENDMENT TO CONTRACT
This amendment to the contract or agreement is hereby entered into this 18th
day of December, 1969 by the Frederick County Board of Supervisors on behalf of the County
of Frederick, Virginia, party of the first part; and H. C. Christianson, Contractor and
heavy equipment owner and operator, party of-the second part. The parties involved are the
same as in a contract or agreement dated October 27, 1969 and this is an amendment to that
same contract.
In substitution of the second paragraph on page 2 of the contract in reference
to the party of the second part agreeing to secure and locate a trailer on the premises at
the Sanitary Landfill Dump and his right to.remove it. It is hereby agreed between the
parties hereto that the said party of the second part shall locate a building on the said
premises for the purposes of adequately servicing the Dump and it is further agreed by the
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party of the first part that the party of the second part shall have the absolute right
to remove the said bUlding from the Dump property at the termination of the contract or any
subsequent contract in reference to the said Dump with the party of the first part.
WITNESS our hands and seals.
FREDERICK COUNTY BOARD OF SUPERVISORS
BY:
rvMUx *rR
GEORGE B. WHITACRE (SEAL)
George 13. Whitacre, Clerk
STATE OF VIRGINIA '
COUNTY OF FREDERICK, to -wit:
on
I, Janet M. Dodson, a Notary Public in and for the State and County aforesaid,
do hereby certify that T. B. Rosenberger and George B. Whitacre, Chairman and Clerk of the
Frederick County Board of Supervisors, and H. C. Christianson, all of whose names are signed
to the foregoing Amendment m Contract, have appeared before me and acknowledged the same in
my State and County aforesaid.
Given under.my hand this 18th day of December, 1969.
My commission expires 9/10/72
ADAMS, ARTHUR - VARIANCE TO SUBDIVISION ORDINANCE
Upon motion of Thomas B. Brumback and seconded by Raymond Sandy,
Be it Resolved, that Arthur Adams is granted a variance to the Subdivision
Ordinance to change the division line between two certain adjacent parcels of land in Stonewe
District, which parcels of land are described in Deed Book 263, Page 148, and Deed Book 293,
Page 510, in the Circuit Clerk's Office of Frederick County, Virginia; pursuant to
of Subdivision Administrator, Charles E. Bass.
The above resolution was passed.
INTERSTATE ORCHARD, INC. - REZONING
Upon motion of T. B. Brumback and seconded by J. Robert Russell,
Be it Resolved, that upon the application of Interstate Orchard, Inc. to amend
the Zoning Ordinance of Frederick County, Virginia in reference to approximately 8.2 acres of
land in Stonewall Magisterial District bounded on the.North by the Virginia West Virginia lin
on the West by U. S. Interstate Highway No. 81; on the East by U. S. Highway No. 11; and on
the South by the Rest Methodist Church and Cemetery, the Rest Church road (State Route No.
669), from agricultural- general to M -1, be rezoned B -2 with the acquiescense and approval
of the petitioner.
The above resolution was passed.
ROYCE, ROY R. - REZONING - PUBLIC HEARING - RE- ADVERTISE
Upon motion of J. Robert Russell and seconded by Raymond C. Sandy,
Be it Resolved, that the rezoning application of Roy R. Boyce land be re
to include the additional 15 acre tract of land. Public Hearing is set for February 9, 1970,
at 3:00 P. M.
The above resolution was passed.
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KINCHELOE, B. C. - REZONING - APPROVED
Upon motion of T. B. Brumback and seconded by J. Robert Russell,
Be it Resolved, upon the application of B. C. Kincheloe to amend the Zoning
Ordinance of Frederick County, Virginia, in reference to a tract of land containing 2 .269
acres, lying and being situate on the Western side of U. S. Highway No. 522, at Armel, in
Opequon Magisterial District, more particularly described in a plat and survey attached to
the Petition in this instance, from A -2 to B -2..
A recorded vote was as follows: J. Robert Russell, T. B. Brumback, and Donald
L. Baughman voted for, and Raymond C. Sandy abstained:fYom voting. One member was absent,
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T. B. Rosenberger.
COUNTY OFFICIALS - GROUP HOSPITAL & LIFE INSURANCE
A Committee of Harry L. McCann, Esten Rudolph, Lacy Anderson, George Whitacr
and E. Eugene Gunter were appointed to obtain information on Hospital and Life Insurance on
a group plan.
MARJEC, INCORPORATED - VARIANCE - REFUSED
Upon motion duly made and seconded,
Be it Resolved, the Board refused to grant a variance requested by Marjec,
Incorporated in reference to utilizing certain plots of land before the water system is
available, at the request of Charles Bass, Subdivision Administrator.
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The above resolution was passed.
BEVERLEY SUBDIVISION - DEED OF DEDICATION - FINAL APPROVAL
Upon motion duly made and seconded,
Be it Resolved, that the Board accept for final approval the Plat and Deed of
Dedication of Beverley Subdivision, owned by James L. Bowman in Stephens City, Virginia, the
plat having been attested by Highway, Health, Subdivision Administrator and Mayor of
Stephens City, it is ordered to be recorded in the Office of the Circuit Court of Frederick
County, Virginia.
The above resolution was passed.
DUMP - CONTRACT - OPINION OF ATTORNEY GENERAL
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The following is an opinion of Attorney General, Robert Y. Button concerning
letting of contract on a competitive basis, also a previous ruling dated August 29 1950:
I am in receipt of your letter of December 11 1969 wherein you advise that
Frederick County has let a contract for the operation of a sanitary landfill county dump
and inquire whether the letting of the contract should have been on a competitive bid basis
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pursuant to Article 7, Chapter 2 of Title 15.1 of the Virginia Code. (W 15.1 -103 through
15. 1 -114.) It is my understanding that Frederick County has not employed a county purchasij
agent nor designated anyone to act in that capacity.
Section 15.1 -113 provides that Article 7 is not applicable until a county has
employed a purchasing agent or designated someone to act in that capacity. See also a
previous ruling of this office to the Honorable Julius Goodman, Commonwealth's Attorney of
Montgomery County, dated August 29, 1950, found in the Report of the Attorney General
(1950 - 1951), at P. 35, copy of which I enclose.
Your inquiry is therefore answered in the negative.
Very truly yours,
En ert Y. Butto
T- M orney Genera
e
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BOARD OF SUPERVISORS - Not required to let public work by bid unless county has adopted
County Purchasing Act.- F- 33 - -F -34
August 29, 1950
HONORABLE JULIO GOODMAN
Commonwealth's Attorney of Montgomery County.
This is in reply to your letter of August 28th in which you request my opinion
as to whether or not it is necessary for the Board of Supervisors of Montgomery County to
advertise for and receive competitive bids before letting a contract for building a new ,jail,'
I agree with you that there is no statute requiring competitive bids on contract
let by counties except in the case of those counties which have employed a county purchasing
agent or designated someone to act in that capacity under the provisions Article 7 of
Chapter 16 of Title 15 of the Code. See Section 15 -549• Section 15 -544 does provide that
when such a purchasing agent has been employed all purchases of and contracts for supplies,
material, equipment, and contractual services shall be based on competitive bids wherever
feasible.
While there is a statute which requires contracts for public works in excess of
$2500.00 let by the State to be based on competitive bidding after public advertisement
except in cases of emergency (Section 11 -17 through 11 -22) there appears to be no similar
provision which is applicable to all counties. It is my.opinion, therefore, that unless
Montgomery County has adopted the county purchasing act as embodied in Section 15 -539
through 15 -551 the question of whether competitive bids should be asked on contracts for the
County is a matter of policy to be determined by the Board of Supervisors.
GUNTER, E. EUGENE - COUNTY ATTORNEY - SALARIED
Upon motion of T. B. Brumback and seconded by J. Robert Russell,
Be it resolved, That E. Eugene Gunter be salaried as County Attorney retroactive
fromDAugust, 1969 at a salary of $423.33 per month, payable by the County only.
The Acting Commonwealth Attorney shall contact the Attorney General for a
ruling as to whether Mr. Gunter's salary may be retroactive.
ACCOUNTS PAYABLE
Accounts totaling $26,763.38 were read and approved and ordered to be paid
from the General County Fund by Warrants No. 5781 and 6014 inclusive; Livestock, Fowl
Claims and :Dog, Warden "s Salary totaling $897.94 were read and ordered to be paid from
the Dog Fund by Warrants No. 271 and 280 inclusive.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
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