HomeMy WebLinkAboutMarch 22, 1971 to January 24, 19721 ! 040 1
At the Regular Night Meeting of the Board of Supervisors of Frederick County, Vir-
ginia, held in the Supervisors Room on the 22nd day of March, 1971.
PRESENT, Thomas B. Rosenberger, Chairman, Donald L. Baughman, Vice - Chairman, J.
Robert Russell, Thomas B. Brumback, and Raymond C. Sandy.
Road Hearing
The road hearing was held with the following petitions presented: '
Opequon District
Route From To Type of Work Petition Presented by
Intersection
Routes 642 and 647
Improve Intersection
H. Shackleford
Use of Parking Lot for Apple Blossom Festival
Upon motion made by Donald Baughman and seconded by
Back Creek
that a $500.00 bond be posted and the postor of the bond'be held
600 614
End;of hard surface
Reconstruct & Pave
Mrs. J. Hiderick
the parking lot. Under these
,
conditions the lot can be used for amusement rides during the
Gainesboro
The above resolution was passed.
X54 52,2
677
Reconstruct
John Goodwin
Regional Park Authority
All
petitions presented earlier
were again recognized and
duly recorded.
'
That the following be appointed to the Lower Shenandoah Valley
Lake Holiday Estates Section 2 Approved
Upon motion made by Raymond Sandy and seconded by Donald Baughman, be it resolved,
That the Second Section of Lake Holiday Estates was approved with the following stipulations:
1. That the plats be corrected
2. That a Security.Bond with insurance company surety be posted in the amount of
$200,000.00
The above resolution was passed.
A recorded vote on the above motion was as follows: Raymond Sandy and Donald
Baughman for, Thomas Brumback and Robert Russell against, with the deciding vote cast by ,
Thomas Rosenberger for.
The Lake Holiday people originally requested the Board.to accept a $200,000.00
Corporate Bond pledging all the assets of the Corporation and then substitute with the
Security Bond when it became available. Mr. Robert Barbour, C.P.A., stated that the
company's assets were in excess of 2' times the amount of the bond.
Mr. Joe Brogen, State Board of Surveyors, inquired as to why the Plat was not
signed by a Certified Land Surveyor. (It was signed by a Certified Public Engineer). The
Board ruled that this should not enter in to whether or not the plat was approved since other
plats are on record this way.
Use of Parking Lot for Apple Blossom Festival
Upon motion made by Donald Baughman and seconded by
Robert Russell, be it resolved,
that a $500.00 bond be posted and the postor of the bond'be held
liable for any additional damage
'
over that amount. And, further, that no holes are to be put in
the parking lot. Under these
conditions the lot can be used for amusement rides during the
Apple Blossom Festival.
The above resolution was passed.
Appointments made to Lower Shenandoah Valley
Regional Park Authority
Upon motion made by Thomas Brumback and seconded by
Raymond Sandy, be it resolved,
'
That the following be appointed to the Lower Shenandoah Valley
Regional Park Authority with
staggered terms: Harold I. Phillips, Mrs. Henry M. Brumback,
Ralph E. Borman, and Rual P.
Anderson.
The above resolution was passed.
Appointments Made to Industrial Development Authority
Upon motion made by Thomas Brumback and seconded by
Raymond Sandy, be it resolved,
That the following be appointed to the Industrial Development
Authority with staggered terms:
Fred L. Galize III, C. Robert Solenberger, Al Loring, Gene T.
Dicks, and Maurice W. Perry.
The above resolution was passed.
M
Contribution to Winchester Recreation Department Tabled
A request by Mr. William Fore for a contribution to the Winchester Recreation
Department now was tabled for lack of funds. However, it will be considered in the new
1971 -72 budget.
Redistricting Approved for Health Department
Upon motion made by Donald Baughman and - seconded by Thomas Brumback, be it
resolved, That the Frederick County Board of Supervisors does approve of - the dissolution
of the old health district and the formation of a new health district including the
counties of Clark, Frederick, Warren, Page, and Shenandoah, and the City of Winchester,
to be called the Seventh Health District. This new health district will lie completely
' within the boundaries of the Lord Fairfax Planning District Commission.
The above resolution was passed:
Formula for Determining City's Share of Jail Expenses
Upon motion made by Thomas Brumback and seconded by Raymond Sandy, be it resolved,
that Roger Alderman present the formula for determining the City of Winchester's share of
jail expenses to the City for their comment and approval. The formula is: City's share of
agreed upon expenditures other than normal operating cost not covered by Commonwealth (Based
on total prisoner days unless negotiated seperately.) (This excludes major' - construction
which should- bb; negotiated seperately,)
Per diem cost of_ local
,piisoiars:
City's share of difference between actual cost of Commonwealth Prisoners and actual revenue
from Commonwealth (Based on City Commonwealth Prisoner days.
City's share of compensation of jailor and matron (based on total prisoner days.)
The above resolution was passed.
James Wood Booster Club to have a Stand Apple Blossom
Upon motion made by Thomas Brumback and seconded by Robert Russell, be it resolved
that the James Wood Booster Club has permission to errect.a concession stand on County
Property during Apple Blossom. Further, the use of the Plaza for Amusement Rides is con-
tingent on the.Booster Club getting a good location for their stand.
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
SEQretary, Board of Supervisors Chairman, Board of Supervisors
At the Regular Meeting of the Board of Supervisors oJ� Frederick County, Virginia,
' held in the Supervisors Room on the 12th day of April, 1971.
PRESENT,.Thomas B. Rosenberger, Chairman, Donald L. Baughman, Vice Chairman, J.
Robert Russell, Thomas B. Brumback, and Raymond C. Sandy.
The minutes of the last meeting held on the 8th day of March, 1971, were read and
approved.
Accounts Payable
Accounts totaling $42,715.98 were read and approved and ordered to be paid from
the General County Fund by Warrants #7681 through #7794 inclusive. Accounts totaling
$984.53 were read and approved and ordered to be paid from the Dog Fund by Warrants #467
through #485 inclusive.
Roger Alderman appointed Purchasing Agent
Upon motion made by Donald Baughman and seconded by Raymond Sandy, be it resolved,
That Roger Alderman -be appointed Purchasing Agent with authority to deligate authority to
other deputies as necessary.
The above resoluti was passed.
m
County Vehicles to carry Free County Stickers
Sheriff Anderson requested permission from the Board to place free County Stickers
on all County Vehicles. Permission was granted.
Home Demonstration Clubs to Recover Furniture in Rest Room
Upon motion made by Thomas Brumback and seconded by Raymond Sandy be it resolved,
That the Board requests the Frederick County Home Demonstration Clubs to recover the furniture
I
in the Ladies Rest Room.
The above resolution was passed.
Parking for County Officials
Upon motion made by Robert Russell and seconded by Donald Baughman, be it resolved,
That parking permits be issued to the two Extension Agents, the Extension Agent, '
Home Demonstration, the County Assessor, County Attorney, and Commonwealth Attorney, and,
further, that the County Parking Lot is to be checked frequently and parking tickets issued.
The above resolution was passed.
A recorded vote on the above was: Rosenberger against, Baughman, Russel, Brumback,
and Sandy for.
$50.00 Contribution to James Wood Coral Club
Upon motion made by.Robert Russell and seconded by Thomas Brumback, be it resolved,
That the Board make a contribution to the James Wood Coral Club in the amount of $50.00.
The above resolution was passed.
Jail C6ntract to be Negotiated Seperately from Comfort Stations and Operation of the Clerk of
the Courts' Office
Upon motion made by Thomas Brumback and seconded by Robert Russel, be it resolved, '
That Roger Alderman is authorized to negotiate the Jail Contract seperately from that of the
Comfort Stations and operation of the Clerk of the Courts Office.
The above resolution was passed.
Cut -off Date on Bills
Upon motion made by Thomas Brumback and seconded by Donald Baughman, be it resolved,
That all bills must be submitted by 5:00 P. M., Wednesday of the week before the Board's Meet-
ing or they will not be paid.
The above resolution was passed.
Alderman to attend Southeastern Management Institution Meeting
Upon motion made by Donald Baughman and seconded by Raymond Sandy, be it resolved,
That Roger Alderman is hereby given permission to attend the Southeastern Management Institute
Meeting the week of April 19, T971. '
The above resolution wds passed.
Rezohind Petition from A -1 to R -1, E. Kemper Beard Withdrawn
Upon motion made by Raymond Sandy, and seconded by Donald'„Baughman, be it resolved,
That the request of Mr. Beard to withdraw his petition to rezone 89.16 acres of land located
on the South side of Indian Hollow Road, Gainesboro District, Frederick County, Virginia, from '
Al to R -1 was approved. ,
The above resolution was passed.
Rezoning Petition, From A -2 to B -2, James L. Bowman
Upon motion.made by Raymond Sandy and seconded by Thomas Brumback, be it resolved,
That the recommendation of the Frederick County Planning Commission to rezone 20.537 acres situated on
the South Side of Virginia Route No. 277 and the West side of Virginia Route 641, in Opequon MII isterial
District, Frederick County, Virginia, be accepted.
The above resolution was passed.
Rezoning Petition From R -1 to R -2, Robert K. Stickl .=,y, et. al
r r
V
rip
Upon motion made by Raymond Sandy, and seconded by Donald Baughman, be it resolved,j
That the recommendation of the Frederick County Planning Commission to rezone Lots 13
through 17, inclusive, of the Plymn Owens Estates Subdivision, Opequon Magisterial District,
Frederick County, Virginia, be accepted.
The above resolution was passed.
Rezoning Petition from A -1 to B -2, Humble Oil & Refining Co
Upon motion made by Robert Russell and seconded by Thomas Brumback, be it resolved,
That the recommendation of the Frederick County Planning Commission to rezone 2.67 acres of
land located along Route 627 and proposed relocation of'Route 625, Opequon Magisterial Dis-
trict, Frederick County, Virginia, be accepted.
The above resolution was passed.
Application for Rezoning Kenray from A -1 to B -2 and C. L. Smith from R -1 to R -2 Referred to
Planning Commission
Upon motion made by Thomas Brumback and seconded by Donald Baughman, be it resol
That the applications for rezoning of Kenray from A -1 to B -2 and C. L. Smith from R -1 to
R -2 be referred to the Planning Commission.
The above resolution was passed.
Application for Rezoning Land of:.C. D. Hylton from A -2 to B -2
Upon motion of Donald Baughman and seconded by Thomas Brumback, be it resolved,
That the application of C. D. Hylton to rezone land from A -2 to B -2 be referred to the
Planning Commission.
The above resolution was passed.
J
Departmental Reports
Upon motion duly made and seconded, the reports of Harry L. McCann, Treasurer,
Esten O. Rudolph, Jr., Commissioner of Revenue, Harold Whitacre, Dog Warden, and H. C.
Christianson were read and approved.
The above resolution was passed.
Contribution to Dog Fund by Mrs. Minnie Nagley
The Board expresses its appreciation to Mrs. Minnie Nagley for a contribution
I
in the amount of $5.00 to the Dog Fund.
$5,000.00 request received from Winchester Recreation Department
We have received a letter from the Winchester Recreation Board signed by a
director and c hairman of the Recreation Board requesting a contribution of $5,000.00 to
the Recreation Board for the fiscal year 1971 -72. It would go to the Recreation Board as
a general contribution. The Board of Supervisors will consider this in their 1971 -72- budget
Parking Spaces to be leased-on County Lot on Boscawen Street
Upon motion duly made by Robert Russell and seconded by Thomas Brumback, be it
resolved, That parking spaces be set up as monthly rentals in the County owned lot on
Boscawen Street.
The above resolution was passed.
Road Viewers Priority Accepted
Upon motion of Thomas Brumback and seconded by Donald Baughman, be it resolved,
That the priority as set up by the Road Viewers be accepted.
The above resolution was unanimously accepted.
Upon motion made by Donald Baughman and seconded by Thomas Brumback, be it resol
That the Frederick County Board of Supervisors does hereby approve the road leading off
Route 50 in Gore, Virginia, to .50 miles South, commonly known as the Mountain Road, as the
first priority for secondary road funds for the fiscal year 1971 -72.
Be it further resolved that the Frederick County Board of Supervisors does hereby
N
request that the Virginia Department of Highways allocate $35,000 to be used from the allocatic
secondary roads in Frederick County, Virginia, for the new addition of the said Mountain Road
as previously described instead of the usual 2% of the allocation secondary road money,
which would amount to $17,695; hence, the said Board is requesting that an additional $17;305
of supplemental money from the allocation for secondary roads in Frederick County be added to
the $17,695 previously mentioned, which constitutes 2% of the allocation £or.secondary road
funds in Frederick County, so that the estimated cost of the project of adding the Mountain Roz
State System of Secondary Highways can be met. Such request is made due to the extreme local
need -for this road in the area in which it is located; this need being recognized by the
Frederick County Board of Supervisors, the appointed road viewers, and the local representative
of the Virginia Department of Highways in this area.
The above resolution was unanimously passed.
State Grid System Tabled until May Meeting
Upon Motion of Raymond Sandy and Seconded by Donald Baughman, be it resolved, That
the discussion of a State Grid System be tabled until the May Meeting.
The above resolution was passed.
No Action Taken on W. H. Emmart & Son's"Sewer Request
Upon motion made by Thomas Brumback and seconded by J. Robert Russell, and unani-
mously passed, be it resolved, That the Frederick County Board of Supervisors does not take
any official action on the request of W. H. Emmart and Son, Inc. That the Frederick County
Board of Supervisors approve the expansion of the territory of Echo Village Sewer Company to
include a tract of land containing 5.85 acres owned by the said W. H. Emmart and Son., Inc.,
contiguous to the two tracts of land containing 5.85 acres owned by the said W. H. Emmart &
contiguous to the two tracts of land now serviced by Echo Village Sewer Company due to the
fact that-the said Frederick County Board of Supervisors can find no authority to act under
Section 56 -265.3 of the Code of Virginia or any other section with which it is familiar.
Be it further resolved, that when and if it be determined by a body of competent
4urisdiction that the Frederick County Board of Supervisors does have jurisdiction and
authority to act in this matter, then it will take such action as the facts and evidence
it, in their opinion, dictate.
Mr. Charles Bass presented the following requests to the Board:
K. E. Whitacre Development - Lot 3 Divided
An approval of the division of Lot 3 - K. E. Whitacre Development - in order to use
the Southwestern portion for a road into the trailer park owned by Payne and Morrison.
Upon motion made by Thomas Brumback and seconded by Donald Baughman, - be it resolved,
That approval of the division of Lot 3 - K. E. Whitacre Development - is granted on the con-
dition that the Northwestern portion of Lot 3 which is in violation -of lot-size would be
absorbed into and become a part of Lot 4.
The above resolution was passed.
Division of Property, Percy Sheetz Estate, Tabled
A request was made for the division of property of the estate of Percy Sheetz into
two portions, one with frontage of 50 -feet and the other with frontage of 100 -feet with an
access road along the new division line of the property.
The Board tabled the matter due to the failure of either portion of the divided pro-
perty to meet minimum frontage requirements on a major thoroughfare.
Section 2, Woodchuck-Heights Approved
Upon motion made by Donald Baughman and seconded by Raymond Sandy, be it resolved,
That Section 2, Woodchuck Heights Subdivision be approved.
for
to the
Inc.,
1
The above resolution was passed.
91
Section 4, Lone Oak Subdivision Approved
Upon motion made by Raymond Sandy and seconded by Donald Baughman, be it resolved,
that Section 4, Lone Oak Subdivision, Opequon District, be approved subject to the approval
of the Highway Department.
The above resolution was passed.-
Subdivision Plat Certifications
Mr. McLaughlin from the Department of Professional and Occupational Registration
appeared before the Board concerning various plats which have been signed by an engineer
instead of by a certified licensed surveyor. He stated the Frederick County subdivision
ordinance is not in conflict with the State Code, but could be more specific. He suggested
the following working: "Preliminary and final plats shall be required and every such plat
shall be prepared by a surveyor or engineer duly authorized by the state to prepare such
plats."
County Wrecker Service
Mr. Robertson, representing the Greater Winchester Wrecker Service, and two other
local wrecker owners appeared before the Board in protest of the use of one local wrecker
service over the others. Mr. Robertson requested that all local wreckers be used on a
rotating basis.
He also presented photocopies of letters from various people stating they were
not satisfied with the service provided by the wrecker service in question.
Mr. Robertson was advised by the Board that the matter would be reviewed and they
would be advised of the Board's decision.
Frederick County Recreation Committee Formed
Upon motion duly made by Donald Baughman and seconded by Raymond Sandy, be it
resolved, That the Frederick County Recreation Committee be formed using the members of
the Lower Shenandoah.Valley Regional Park Authority.
The above resolution was passed.
Redistricting Committee Appointed
Upon motion made by Donald Baughman and seconded by Thomas Brumback, be it
resolved, That the following be appointed to the redistricting committee: W. Eugene Larrick
E. W. Adams, Jr., Robert Claytor, E. E. Bayliss, Jr., and Kenneth Fuhrmann.
The Redistricting Commission is to handle the Magisterial Districts and the
9
Electoral Board the establishment of voter precincts.
The Redistricting Committee members will be compensated at the rate of $10.00
per session or $20.00 per day for a £till day.
The above resolution was passed.
Personal Property Tax Refund - Bonnie Clark Lowery
Upon motion made by Robert Russell and seconded by Thomas Brumback, be it resol
That the 1970 Personal Property Tax in the amount of $24.00 be refunded to Bonnie Clark
Lowery.
The above resolution was passed.
Sheriff's Vehicles to be Sold
Upon motion made by Donald Baughman and seconded by Raymond Sandy, be it resolved,£
That the eight old Sheriff's Department vehicles be sold.
The above resolution was passed.
Western Frederick Bank - Bank Stock Tax
Upon motion duly made and seconded, be it resolved, That in conformity with
Section 58 -478.1 the Treasurer of Frederick County is hereby directed to apply to the
State Tax Commissioner for 80% of the amount of taxes paid by Western Frederick Bank on
92
its share of stock.
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
Sec tary, Board of Supervisors Chairman, Board of Supervisors '
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia,
x held in the Supervisors Room on the 10th day of May, 1971.
PRESENT: Thomas B: Rosenberger, Chairman; Donald L. Baughman, Vice Chairman; �.
. Robert Russell; Thomas B. Brumback; and Raymond C. Sandy.
The minutes of the last meeting held on the 12th day of April, 1971, were read and
approved.
ACCOUNTS PAYABLE
Accounts totaling $42,715.98'were read and approved and ordered to be paid from the
General County Fund by Warrants #7796 through #7902 inclusive. Accounts totaling $1,074.73
were read and approved and ordered to be paid from the Dog Fund by Warrants #486 through #499
inclusive.
Data Processing System
By the end of this month we should be able to give the Board and those affected
departments models of the proposed program affecting tax billings, landfill billings, and also
water and sewer billings.
Ladies Rest Room - Furniture to be Recovered
Mr. Alderman advised the Board he had requested Mrs. Baccary to have the Home
Demonstration Clubs recover the furniture in the ladies rest room.
Landfill Scales
Mr. Alderman advised the Board the concrete work has been completed at the landfill '
and he is currently awaiting a report from Toledo Scales on the Cost of moving the scales.
Alderman Reported on Southeastern Management Institute Meeting
Roger Alderman gave a report on the Southeastern Management Institute Meeting which
he attended the week of April 19th.
REDISTRICTING '
Upon motion made by Robert Russell and seconded by Thomas Brumback, be it resolved,
That the redistricting plan recommended by the Reapportionment Commission as amended is hereby
approved on the first and second reading
The' above resolution was passed.
There will be a public meeting held on the redistricting of the County May 27th.
7%;?
E. EUGENE GUNTER DISMISSED
Upon motion made by Raymond Sandy and seconded by Donald Baughman be it resolved,
That the Board authorizes the payment of 10 percent of the statement rendered by E. Eugene
Gunter in the amount of $15,250.00 to cover expenses and discontinues his services as County
EXECUTIVE SECRETARY'S REPORT
Audrey
Coleman
- Winchester
Evening Star Reporter
Audrey
called last
week and expressed her sincere thanks
to the Board for the flowers
which
were sent
to her in the
hospital. She wanted to have a note
of her appreciation entered
into
the minutes
of the Board
Meeting.
'
Water
and Sewer
Project
The two meetings which
were held last week in reference
to the County's proposed
water
and sewer
project were
received very favorably.
Data Processing System
By the end of this month we should be able to give the Board and those affected
departments models of the proposed program affecting tax billings, landfill billings, and also
water and sewer billings.
Ladies Rest Room - Furniture to be Recovered
Mr. Alderman advised the Board he had requested Mrs. Baccary to have the Home
Demonstration Clubs recover the furniture in the ladies rest room.
Landfill Scales
Mr. Alderman advised the Board the concrete work has been completed at the landfill '
and he is currently awaiting a report from Toledo Scales on the Cost of moving the scales.
Alderman Reported on Southeastern Management Institute Meeting
Roger Alderman gave a report on the Southeastern Management Institute Meeting which
he attended the week of April 19th.
REDISTRICTING '
Upon motion made by Robert Russell and seconded by Thomas Brumback, be it resolved,
That the redistricting plan recommended by the Reapportionment Commission as amended is hereby
approved on the first and second reading
The' above resolution was passed.
There will be a public meeting held on the redistricting of the County May 27th.
7%;?
E. EUGENE GUNTER DISMISSED
Upon motion made by Raymond Sandy and seconded by Donald Baughman be it resolved,
That the Board authorizes the payment of 10 percent of the statement rendered by E. Eugene
Gunter in the amount of $15,250.00 to cover expenses and discontinues his services as County
93
Attorney effective today, and further the position will be offered to Lawrence R. Ambrogi with
the fee previously paid to Mr. Gunter going to Mr. Ambrogi if he accepts.
The above resolution was passed by a unanimous vote.
ARTMENTAL REPORTS
Upon motion duly made and seconded, the reports of Harry L. McCann, Treasurer; Esten
' 0. Rudolph, Commissioner'of Revenue; Harold Whitacre, Dog Warden; and H. C. Christianson were
read and approved.
The above resolution was passed.
HARRY RITENOUR - LAMB KILL DENIED
A livestock kill on three lambs was denied to Harry Ritenour because the stock had
not been assessed.
HIGHWAY DEPARTMENT REPORT
Mr. King reported that the Highway Department was ready to go ahead with securing
the right -o£ -way on the Mountain Road at Gore.
HOWARDS CHAPEL METHODIST CHURCH TO RECEIVE ABANDONED PROPERTY
Upon motion made by Robert Russell and seconded by Thomas Brumback, be it* resolved,
That WHEREAS, Secondary Route 681, from Route 671 to West Virginia Line a distance of 1.50
miles, has been altered, and new road has been constructed and approved by the State Highway
Commissioner, which new road serves the same citizens as the road so altered and,
WHEREAS, certain sections of this new road follow new locations, these being shown
on the attached sketch titled, "Changes in Secondary Due to Relocation and Construction on
Route 681, Budget Item 5015.
' NOW, THEREFORE, BE IT RESOLVED; THAT the portions of Secondary Route 681, i.e.,
Sections 1, shown in red on the sketch titled, "Changes in Secondary System Due to Relocation
and Construction on Route 681, Budget Item 5015 a total distance of .11 miles be, and hereby
is, added to the Secondary System of State Highways, pursuant to Section 33.1 - 229 of the
Code of Virginia of 1950 as amended;
AND FURTHER, THAT the sections of old location, i.e., Sections 2 shown in blue on
the afore- mentioned sketch, a total distance of .11 miles, be, and the same hereby is, aban-
doned as a public road, pursuant to Section 33.1 - 155 of the Code of Virginia of 1950 as ;
amended.
The above resolution was carried.
PERCY SHEETZ ESTATE - DIVISION OF PROPERTY
Mr. Lee Ebert Appeared before the Board requesting a decision of the Board con-
, cerning the division of real estate. He was requested to petition the Board stating the
heirs position.
LONE OAK SECTION 4 OPEQUON DISTRICT AND SHAWNEE LAND ENON SPRINGS
PLAT 1, 2, 4, 5, 14, 16, 17, 18, and 19 Section 23 WINDEMERE PLAT
1 AND 2 SECTION 20 APPROVED.
' Upon motion made by Donald Baughman and seconded by Thomas Brumback, be it resolved,
That Lone Oak Section 4, Opequon District, and Shawnee Land Enon Springs Plat 1, 2, 4, 5, 14,
16, 17, 18, and 19 Section 23 and Shawneeland Windemer Plats 1 and 2 Section 20 be approved.
The above resolution was passed.
DARLINGTON SUBDIVISION PLAT REFERRED TO MR. BASS FOR PRELIMINARY APPROVAL
Upon motion made by Thomas Brumback and Seconded by Robert Russell, be it resolved,
That the Darlington, Subdivision Plat be referred to Mr. Bass for preliminary approval.
The above resolution was passed.
LAKE HOLIDAY - SECTION 2 APPROVED
Upon motion madeby Robert Russell and seconded by Thomas Brumback, be it resolved,
That the Board approved Section 2 of Lake Holiday Estates.
A recorded vote is as follows: Thomas Brumback and Robert Russell and Thomas
berger for - Donald Baughman and Raymond Sandy abstained.
PLANNING COMMISSION REFERRALS
Robert K Stickley, R -1 to R -2 Plymn Owens Estates, Lots 11, 12, 18, and 19
Upon motion made by Robert Russell and seconded by Donald Baughman, be it resolved,
That the petition of Robert K. Stickley to Rezone lots 11, 12, 18,. and 19 from R -1 to R -2,
Plymn Owens Estates, be referred to the Planning Commissbn. The resolution was passed.
Stonewall Development Corporation
Upon motion made by Robert Russell and seconded by Donald Baughman, be it resolved,
That the petition of Stonewall Development Corporation for the rezoning of an area 400 feet
in width on the Eastern side of U.S. Highway 11 be rezoned M -2 be referred to the Planning
Commission.
The above resolution was passed.
PUBLIC HEARINGS ESTABLISHED J. KENNETH ROBINSON, C. D. HYLTON, CARLIN L. SMITH.
The following public:•.hearings for rezoning requests will be held at the June 14,
1971 meeting:
J. Kenneth Robinson
- A -1
to
B -1
3:00
P.M.
C. D. Hylton
A -2
to
B -2
3:15
P.M.
Carlin L. Smith
R -1
to
..R -2
3:30
P.M.
PUBLIC HEARING ON BUDGET MAY 27, 19
Upon motion made by Donald Baughman and seconded by Thomas Brumback, be it resolved,
That a rate of $3.40 real estate tax, $4.40 personal property tax, and $3.00 public service
corporations tax for-each $100 valuation is proposed for the 1971 -72 fiscal year and further
that we advertise for public hearing on the budget and the rate on May 27, 1971, at 7:30 P.M.
A recorded vote on the above is as follows: Thomas Rosenberger, Donald Baughman,
Robert Russell, and Thomas Brumback for, Raymond Sandy against.
TAX RATE HEARING - SET FOR JUNE 14, 1971 AT 3:15 P.M.
Upon motion made by Donald Baughman and seconded by Thomas Brumback, be it resolved,
That the tax hearing on proposed tax rates for 1971 -72 be set June 14, 1971 at 3:15 P.M.
The above resolution was passed.
DR. WRIGHT REAPPOINTED TO COMMUNITY COLLEGE BOARD
Upon motion made by Robert Russell and seconded by Raymond Sandy, be it resolved,
That Dr. Melton Wright be reappointed to the Community College Board.
ALDERMAN TO GET AIR CONDITIONING BIDS
Roger Alderman was advised by the Board to get air conditioning bids for air con-
ditioners in the Executive Secretary's Office, his Secretary's office,'Data Processing Depart-
ment, and the Central Registrar's Office.
COMMITTEE APPOINTED TO MEET WITH CITY PUBLIC BUILDINGS AND UTILITIES COMMITTEE
A committee consisting of Don Baughman, Tom Brumback, Alderman, and Lacy
Anderson were appointed to meet with the City Public Building and Utilities Committee con-
cerning improvements to the jail.
SHERIFF'S DEPARTMENT TO RECEIVE 2..UPSTAIRS ROOMS IN COURT HOUSE
Upon a request made by Sheriff Lacy Anderson the Board approved the use by the
Sheriff's Department of the two rooms at the head of the stairs on the Rouss Avenue side of
the Court House.
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SIGNS TO BE PLACED ON OLD CIRCUIT COURT ROOM DOOR IDENTIFYING IT AND ON THE SOUTH DOOR OF THE
COURTROOM OPPOSITE THE CLERK'S OFFICE
Upon motion made by Donald Baughman and seconded by Thomas Brumback, be it resolved,
That a brass plate or other'sign is to be placed on the two doors of the Old Circuit Court
Room identifying it as the place of sitting of the Juvenile and Domestic Relations Court and
' the Frederick County Court. Also, on the south door of the Courtroom opposite the Clerk's
Office, signs are to be hung from a bracket at right angles to the Court House Wall.
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
, Boara or bupervlsors
Chairman,
of Supervisors
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia,
held in the Supervisors Room on the 14th day of June, 1971.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice Chairman;
J. Robert Russell; Thomas B. Brumback; and Raymond C. Sandy.
The minutes of the last meeting held on the 10th day of May, 1971 were read and
approved.
ACCOUNTS PAYABLE
Accounts totaling $34,979.49 were read and approved and ordered to be paid from the
General County Fund by Warrants #7903 through #8015 inclusive. Accounts totaling $696.24
were read and approved and ordered to be paid from the Dog Fund by Warrants #500 through #510
inclusive.
JAMES WOOD HIGH SCHOOL CHORAL CLUB CONTRIBUTION
7
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That a contribution in the amount of $2,000.00 be made to the James
Wood High School Choral Club for their trip to Europe this summer.
The above resblution was passed.
EXECUTIVE SECRETARY'S REPORT
Planning District
The Planning District has employed Mr. R. Edward Duncan as the first Executive
J
Director of the Commission. Mr. Duncan will start employment June 16th at a salary of
$16,000 a year.
Contribution to Dog Fund
Mrs. Nagley made her monthly contribution to the Dog Fund in the amount of $10.00.
Firework Permits
Upon motion made by Robert Russell and seconded by Thomas Brumback,
BE IT RESOLVED, That a Firework Permit is hereby granted to the below named persons,
firms or associations for the purchase and display of fireworks for July 4, 1971: Wonderland
Gift Shop; Tom Rosenberger, Shawnee -land; Winchester Drive -In Theater; William Dalke, Dalke's
Drive -In Theater; Lake St. Clair; J. G. Place, J. G. Place Manufacturing Co.; Carpers Valley
Golf Club; North -South Skirmish Association; Round Hill Fire Company; Winchester Mobile Home,
Inc. This permit is subject to all regulations of the Commonwealth of Virginia and Frederick
County.
The above resolution was passed.
T l o
Driving Range - Additional Appropr
Upon motion of Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That Frederick County increase its appropriation for the proposed
Driving Range by 20% to meet increased cost of construction.
(This 20% increase in Frederick County's appropriation will increase the County's
obligation from $10,878.71 to $13,054.45.)
BE IT FURTHER RESOLVED, That the Board of Supervisors of Frederick County goes on
record insomuch that any additional funding for this project must be based on a revised pop-
ulation formula.
The above resolution was passed by a unanimous vote.
John Fowler Appointed Chairman Highway Safety Committee
Upon motion made be Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That John Fowler is appointed Chairman of the Highway Safety Commi
The above resolution was passed.
Data Processing Center Rate Schedule Accepted
Upon motion made by Robert Russell and seconded by Donald Baughman,
BE IT RESOLVED, That the following Rate Schedule is accepted for the Frederick Count}
Data Processing Center:
Personnel
Programing
$6.50 per
hour
Forms Design
$5.00 per
hour
Keypuncher
$3.00 per
hour
Machine Operator
$5.00 per
hour
Equipment
TAB - -402
$8.50 per
hour
Sorter
$4.00 per
hour
Keypunch
$3.50 per
hour
Supplies
Cards
$10.00 per 1,000 (or cost)
Forms
Depending
on specifications
Administration
There will be a
20% charge
for the administration of the center.
For non - county
users of the
system there will be an additional
20% charge..
T. G. Adams Reappointed to Sanitation Authority
Upon motion made by Robert Russell and seconded by Thomas Brumback,
BE IT RESOLVED, That T. G. Adams is hereby reappointed to the Frederick County
Sanitation Authority for a term of four years.
The above resolution was passed.
Don Krueger Introduced as Sanitation Authority Engineer
Mr. Don Krueger, Engineer, Sanitation Authority was intruduced to the Board by
Mr. Roger Alderman, Executive Secretary.
SANITIATION AUTHORITY AND BOARD OF SUPERVISORS TO MEET IN EXECUTIVE SESSION
Following a discussion of the differences that have arisen between the Sanitation
Authority and Board of Supervisors it was suggested by Donald Baughman that a joint executive
session between the Sanitation.Authority Members and Board of Supervisors Members be held.
CENTRAL PURCHASING
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That effective July lst all supplies and materials purchased by the
County must be purchased by competitive bid and all purchases exceeding $15.00 must have a
purchase order.
The above resolution was passed.
( FREDERICK COUNTY SCHOOL BOARD GIVEN PERMISSION TO TRANSFER FUNDS OUT OF CATEGORY
Upon motion made by Raymond Sandy and seconded by Donald Baughman,
BE IT RESOLVED, That the Frederick County Board of Supervisors hereby grants the
7
request of the Frederick County School Board to make transfers within the 1970 -71 school
97
to provide for needed expenditures in various categories of the budget, including Administrat-
ion, Transportation, Fixed Charges, Maintenance, Operation of School Plant, Instruction,
Capital Outlay, Building Fund and so forth;
BE IT FURTHER RESOLVED, That the request is made on condition that the Frederick
County School Board's expenditures for the year from county tax funds and the state one percen
sales tax will not exceed the 1970 -71 appropriation of $2,081,177 for Operation and Capital
Outlay;
BE IT FURTHER RESOLVED, That the Frederick County School Board is hereby granted
mission to use any additional funds allocated from the state as well as funds within the limit
of the approved Literary Loan Fund and the Virginia Supplemental Retirement loan for school
construction;
BE IT FURTHER RESOLVED, That the Frederick County School Board is hereby granted
permission to retain the 1970 -71 Building Fund balance for continued use in the 1971 -72 budget
REAPPORTIONMENT - MAGISTERIAL DISTRICTS
Electoral Board in regard to changes in the Opequon and Back Creek Districts as follows:
Beginning at the intersection of Rt. 625 and 631. Follow Rt. 625 North to Rt. 649, East on
BE IT RESOLVED, That the Board accept the recommendation of the Frederick County
Rt. 649 to Rt. 798 to Rt. 11 and the Opequon Creek, Opequon Creek to 642, 642 to Rt. 522.
Area South of Line - Opequon Dist. North of line Back Creek.
The above resolution was passed.
REAPPORTIONMENT ORDINANCE - MAGISTERIAL DISTRICTS
Upon motion;.made by Donald Baughman and seconded by Thomas Brumback,
I COUNTY BOARDS OF SUPERVISORS, TO ESTABLISH BOUNDARY LINES OF
AN ORDINANCE TO PROVIDE FOR THE APPORTIONMENT OF MEMBERS OF
THE MAGISTERIAL DISTRICTS AND TO NAME EACH MAGISTERIAL DISTRICT
William Fraula, Secretary of the Electoral Board, presented to the Board of Super-
visors the recommendations of the Electoral Board in regards to the establishment of voting
REAPPORTIONMENT ORDINANCE - P.RECINCTS AND POLLING PLACES
precincts and voting places.
The above resolution was passed.
Upon motion made by Raymond Sandy and seconded by Thomas Brumback,
BE IT RESOLVED, That the first and second reading of the following ordinance beheld:
The above resolution was passed.
Upon motion made by Robert Russell and seconded by Donald Baughmam,
' BE IT RESOLVED, That the Board accept the recommendations of the Frederick County
Electoral Board and heard the first and second reading of the following ordinance:
AN ORDINANCE TO PROVIDE FOR PRECINCTS, TO ESTABLISH BOUNDARY
LINES OF PRECINCTS, TO NAME EACH PRECINCT, AND TO ESTABLISH A
POLLING PLACE FOR EACH PRECINCT.
I The above resolution was passed.
PURCHASE OF VOTING MACHINES
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board accept the recommendation of William Fraula, Secret
Electoral Board, to secure an estimated 23 voting machines for the November 2nd election.
The above resolution was passed.
PUBLIC HEARINGS SET
Stonewall Development Company
Robert K. Stickley
School Board
C. D. Hylton (Joint Hearing)
R -2 to M -2
R -1 to R -2
A -2 to B -2
R -2 to B -2
July 12, 1971 2:30 P.M.
July 12, 1971
July 12, 1971
July 12, 1971
2:40 P.M.
2:50 P.M.
3:00 P.M.
M
PLANNING COMMISSION REFERRALS
Western Union
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board turn down Western Union's request for the joint he
ing and refer the petition to the Planning Commission in accordance with normal procedure.
The above resolution was pa "ssed.
Phillips Petroleum Co. and Paul B. & Jewell H. Brice
Upon motion made by- Raymond..Sandy and seconded by Thomas Brumback,
BE IT RESOLVED, That the petition of Phillips Petroleum Company to rezone 18.51 acres
located at I -81 and Route 627 from A -2 to B -2 and to rezone 1.453 acres located at I -81 and
Route 627 from A -2 to B -2 and Paul B. and Jewel H. Brice to rezone 1.82 acres located on the
west side of U.S. 11 - Kernstown from B -2 to R -2 be referred to the Planning Commission.
The above resolution was passed.
Spot Zoning Request - Gary Lowell - Denied
Upon motion made by Raymond Sandy and seconded by ThomasBrumback,
BE IT RESOLVED, That the petition of Gary Lowell for Spot Zoning be denied.
The.above resolution was passed.
Julian F. Garber Amendment to Zoning Ordinance
. Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the petition for amendment to the Frederick County Zoning
Ordinance Article 6 and Article 7 by Julian F. Garber be referred to the Planning Commission.,
The above resolution was passed.
TRANSFER OF ROAD FUNDS FOR NEW ADDITIONS - STATE HIGHWAY COMMISSION
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That WHEREAS, The State Highway Commission has approved exceeding
the two (2 %) percent Maximum for New Additions for Fiscal Year, 1971 -72, this amount being
$17,305.00 which is to be taken from improvement funds which were previously available for
other road improvements throughout the County.
NOW, THEREFORE BE IT RESOLVED: That these funds be made available by reducing the
following proposed road improvements by the amounts shown;
ROUTE
BUDGET ITEM NO.
AMOUNT
600
6073
$ 1,000.
608
5302
1,000.
636
5304
2
652
6012
2,000.
654
5306
2,000.
656
5307
1
688
5310
4,305.
696
5311•
4,000.
TOTAL � $17, 305.
The above resolution was - passed.
STONEWALL
DEVELOPMENT
COMPANY INDUSTRIAL ACCESS
ROAD REQUEST
- TABLED
The request
of Stonewall
Development Company for an
Industrial
Access Road
Study was
tabled until after the Planning Commission could act on the rezoning request.
STATE MAINTENANCE SECTION OF APPLE PIE•RIDGE ROAD - DISCONTINUED
Upon motion made by Robert Russell and seconded by Thomas Brumback,
BE IT RESOLVED, That WHEREAS, Secondary Route 739, from Route 522 to .49 Mile North
of Route 522 a distance of .49 miles, has been altered, and a new road has been constructed
Ir I
U
and approved by the State Highway Commissioner, which new road serves the same citizens as
the road so altered and,
11 WHEREAS, certain sections of this new road follow new locations, these being shown
on the attached sketch titled, "Changes in Secondary'System Due to Relocation and Construction
on Route 37, Project 6037 - 034 -101, C -502 dated at Richmond, Virginia 1- 27 -71."
NOT, THEREFORE, BE IT RESOLVED: That the portions of Secondary Route 739, i.e.,
' Section 2, shown in red on the sketch titled. "Changes in Secondary System Due to Relocation
and Construction on Route 37, Project 6037- 034 -101, C -502 dated at Richmond, Virginia 1- 27 - ?1,
a total distance of .38 miles be, and hereby is, added to the Secondary System of State High-
ways, pursuant to Section 33.1 -229 of the Code of Virginia of 1950 as amended;
'
AND FURTHER, That the sections of old
the sketch, a total distance of
location,
miles,
i.e., Section 1, shown in blue on
be, and the same hereby is, aban-
afore- mentioned
.11
doned as a public road';.pursuant to Section 33.1
- 155 of
the Code of Virginia of 1950 as
amended:
AND FURTHER,..That the State Highway Commission be requested to take the necessary
action to discontinue the section of old location, i.e.• 3, shown in yellow on the
afore- mentioned sketch, a total distance of .08 miles as a part of the Secondary System of
State Highways as provided in Section 33.1 - 150 of the Code of Virginia of 1950 as amended.
The above resolution was passed.
GREEN ACRES - DRAINAGE EASEMENT
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the question concerning the Green Acres drainage easement be
turned over to the Executive Secretary and the County Attorney to be corrected.
' The above resolution was passed.
GREEN ACRES - WILSON DRIVE - VARIANCE GRANTED
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That variance is granted to Ed L. Molden.
The above resolution was passed.
KENRAY REZONING APPROVED FROM A -1 to B -2
Upon motion made by Robert Russell and seconded by Donald Baughman,
BE IT RESOLVED, That the amendment to the zoning ordinance to change the zoning of
land of the petitioners in the Southwest corner of the intersection of Virginia Secondary
Route #739 and U.S. Route #522 containing 1.059 acres from A -1 to B -2 for commercial use in-
cluding an automobile gasoline service station.
The above resolution was passed.
HYLTON ENTERPRISES REZONING TO BE READVERTISED
The rezoning request of Hylton Enterprises was advertised as being in the Stonewall
District and should have been in Gainesboro District. So therefore the petition was withdrawn
for readvertisement.
' 1 CARLIN L. SMITH REZONING APPROVED FROM R -1 to R -2
I ppl Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the petition of Carlin L. Smith and Georgie E. Smith, his wife,
for an amendment of the Frederick County zoning ordinance on Valley Mill Road from R -1 to R -2
to permit the erection of multi - family dwellings upon the land of the petitioners.
The above resolution was passed.
EXECUTIVE SECRETARY TO SIGN TRAILER PERMITS
The Executive Secretary was granted authority by the Board of Supervisors to sign
trailer - permits.
100
TAX RATE APPROVED
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the Frederick County tax rate be set for 1971 -1972 as follows:
Real Estate: $3.40 per $100 of assessed value,
Public Corporation: $3.30 per $100 of assessed value,
Personal Property, Machinery, Tools, and Merchants Capital: $4.40 per.$100 of
assessed value.
By recorded vote Supervisors Rosenberger, Baughman, Brumback, and Russell voted yea.
Supervisor Sandy voted no stating that he felt that it could still be done for less than a
$.40 increase. He also stated that he thought the school budget was out of proportion.
The above resolution was passed.
COMMONWEALTH ATTORNEY TO HAVE OFFICE IN COURTHOUSE
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board stay with the original decision to provide office
space in the Courthouse for the Commonwealth Attorney.
The above resolution was passed.
HOSPITALIZATION FOR RETIRING COUNTY PERSONNEL
Esten Rudolph, Jr., Commissioner of Revenue, requested the Board to establish a
policy on hospitalization for retiring County employees. The Board requested Ro4er Alderman
to set up a plan.
BUDGET FISCAL YEAR 1971 - 72
Upon motion made by Donald and seconded by Thomas Brumback,
BE IT RESOLVED, That the Budget for Fiscal Year 1971 - 72 for Frederick County,
Virginia be adopted as follows.in. summary with detail budget being on file in the Office of
Executive Secretary, Frederick County, Virginia:
i
F R E D E R I C
K C O
U N
T Y
B
U D G E T
PROJECTED
REVENUE
BY
ITEM
AND
FUND
General Fund:
Revenue from Local Sources --
Taxes: Current
Delinquent
Land Redemption
Bank Stock'Tax.
County Recordation Tax
Transfer. Fees
Commonwealth Attorney Fees
Fees of Sheriff & Deputies
Parking Meter Receipts
Forfeitures - Meter Receipts
Local Fines
Rent
Interest on Bank Deposits
Trailer Tax
Use of County Facilities -- City of Winchester
Tax on qualifications
Local Sales Tax
State Recordation Tax
Sanitary Landfill: City of Winchester
Other Fees
Building Permits
Rezoning Petitions
Plats
Auto Tags
Annexation Payment -- City of Winchester
Estimated Balance: General
1971 Annexation Payment
Jail Payments: City of Winchester
Others
Total Revenue from Local Sources:
Revenue from The Commonwealth:
Share of A.B.C. Profits
Share of Wine Tax
Revenue from Sales Tax
Excess Fees Returned
Share of Hospitalization Expenses
Share of F.I.C.A. Contribution
Share of Retirement Contribution
$1,548,044.00
7 , 50,000.00
100.00
= 2,000.00
10,000.00
1,000.00
150.00
1,800.00
4,000.00
400.00
300.00
7,500.00
20,000.00
9,000.00
1,150.00
1,000.00
220,000.00
4,500.00
14,000.00
40,000.00
1;500.00
800.00
800.00
117,'000.00
525,000.00
805,000.00
66,000.00
6,000.00
22,333.00
$3,479,377.00
$ 55,000.00
4,500.00
430,000.00
5,000.00
4,000.00
4,500.00
5,500.00
101
Rolling Stock Tax 1,000.00
Share of Expenses: Medical Examiner 100.00
Treasurer 2,000.00
Commissioner of Revenue 2,400.00
Sheriff: Office 1,000.00
Cars 7,500.00
Radio 200.00
Total Revenue from the Commonwealth $ 522,700.00
TOTAL GENERAL FUND $4,002,077.00
L
Dog Tax Fund:
Revenue from Local Sources --
Balance
Dog Tag Sales
Penalty for Dog Tag Violations
Board of Dogs
Total Revenue Dog Tax Fund
Virginia Public Assistance Fund:
$ 6,500.00
11,000.00
25.00
25.00
$ 17,550.00
Revenue from Local Sources:
Transfer from General Fund
Revenue from the Commonwealth:
State Assistance -
Revenue from Other Sources:
Federal Assistance Grant
Total Virginia Public Assistance Fund
School Fund:
Revenue from Local Sources:
Rents
Reimbursements
Tuition: D. J. Howard
City of Winchester
Summer School
Day School
Transferred from General Fund
Total
Revenue from the Commonwealth:
School Fund - General
° D. J. Howard
Other Revenue
Total
Revenue from the Federal Government:
School Lunch Program
Elementary and Secondary Education Acts:
National Defense Education Act
Total
Non - Revenue:
Sale of Supplies - D. J. Howard
Sale of Textbooks - D. J. Howard
Sale of Buses
Total
TOTAL SCHOOL FUND
School Debt and Construction Fund:
Revenue from Local Sources:
City of Winchester - Debt Payment
Transferred from General Fund
Total
Title I
Title II
$ 60,000.00
186,190.00
187,857.00
$ 434,047.00
$ 600.00
1,200.00
900.00
147,250.00
2,000.00
3,000.00
2,234,233.40
$2,389,183.40
$1,483,670.00
59,533.20
244,000.40
$1,787,203.60
60,000.00
82,221.69
32,266.36
7,000.00
$ 181,488.05
$ 3,150.00
1,350.00
4,000.00
$ 8,500.00
$4,366,375.05
$ 90,311.87
306,176.56
$ 396,488.43
Non - Revenue:
Proceeds from Literary Loan $ 150,000.00
Total $ 150,000.00
Total School Debt & Construction Fund 546,488.43
Total All School Funds 4,912,863.48
Total Revenues from All Funds 9,366,537.48
Less Transfers 2,600,409.96
N
TOTAL REVENUES $6,766,127.52
EXPENSES BY FUNCTION AND FUND
General Fund:
County Administration $ 32,035.00
Assessment of Taxable Property 27,535.44
Collection & Disbursement of Taxes and other Receipts 28,179.96
Recording of Documents 11
Administration of Justice 38,000.10
Crime Prevention and Detention 81,572.18
(Sheriff's Dept.) - 50,482.88
(Jail) - 31,089.30
Fire Prevention 5
Public Welfare 8,500.00
Public Health 29,723.00
Public Works 412,300.00
Advancement of Agriculture 9,460.00
Elections 17,000.00
Maintenance of Buildings 17,670.00
Highway, Road, and Street Lighting -0-
Road Administration 50.00
102
Education - Special
$ 12,697.33
Miscellaneous Operating
61,192.00
Transfers to other Funds:
Public Welfare
60,000.00
Schools
2,234,233.40
Building Fund
306,176.56
Capital Outlays
607,540.83
Total:
$4,002,077.00
Dog Tax Fund:
Protection•.of Livestock and Fowls
$ 17,550.00
,
Virginia Public Assistance:
Assistance
333,420.00
Services
2,160.00
Administration
98,795.00
Total
$ 434,375.00
School Fund:
Administration
$ 111
'
Instruction - Regular
3,035,940.50
Other Instruction Costs
240,260.50
Attendance and Health Services
30,326.00
Pupil Transportation Services
226,020.00
School Food Services
60,100.00
Operationcdf School Plant
311,120.00
Maintenance of School Plant
91,280.00
Fixed Charges
100,715.00
Summer School
46,809.05
Adult Education
4,375.00
Capital Outlay
108,400.00
Total
$4,366,375.05
School Debt and Construction Fund:
Debt Service
336,488.43
Building Fund
210,000.00
Total
$ 546,488.43
Total for School Fund & Debt and Construction Fund
4,912,863.48
Total Expenditures all Funds
$9,366,537.48
Less Transfers
2,600,409.96
TOTAL PROJECTED EXPENDITURES
$6,766,127.52
Summary
Projected Revenue:
'
General Fund
$4,002,077.00
Dog Tax Fund
17,550.00
Virginia Public Assistance Fund
434,047.00
School Fund
4,366
School Debt and Construction Fund
546,488.43
Total
$9,366,537.48
Less Transfer
2,600,409.96
GRAND TOTAL
$6,776,127.52
Proposed Expenses:
General Fund
4,002,077.00
Dog Tax Fund
17,550.00
Virginia Public Assistance Fund
434,047.00
School Fund
4,366,375.05
School Debt and Construction Fund
546
Total
$9,366,537.48
Less Transfers
2,600,409.96
GRAND TOTAL
$6,766,127.52
i
By recorded vote Supervisors Rosenberger, Baughman, Brumback, and
Russell voted
yea.
Supervisor Sandy voted no reempasizing his statement made in his negative vote on the tax
rate.
The above resolution was passed.
'
DEPARTMENTAL REPORTS
Upon motion duly made and seconded the regular monthly reports of
the Treasurer
and
Dog Warden were read and approved.
The above resolution was passed.
'
SAMUEL N. WHITACRE - LAMB KILL DENIED
Payment was denied to Samuel N. Whitacre on lamb kill because the
lamb was not
assessed.
JAMES LEE FRANKLIN - CALF KILL PAID
Payment was authorized in the amount of $60.00 to James Lee Franklin for a 300
lb.
calf killed:by dogs.
ROGER ALDERMAN APPOINTED CIVIL DEFENSE COORDINATOR
The Board appointed Roger Alderman as Civil Defense Coordinator.
103
CIVIL DEFENSE FALLOUT SHELTER RESOLUTION
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That WHEREAS, The population of Frederick County may be subject to al
lethal dose of nuclear radiation; and
WHEREAS, The residents of the County require protection from radioactive fallout;
WHEREAS, Frederick County does not have sufficient fallout shelter spaces for our
citizens, some areas having a severe shelter deficit; and
WHEREAS, Public and private structures can provide such protection from radioactive
J
fallout; and
WHEREAS, The use of slanting techniques developed by the Office of Civil Defense
which can be incorporated into the design of new buildings to provide radioactive fallout
shelter spaces at little or no additional cost; therefore, be it
Resolved by the Board of Supervisors of Frederick County, Virginia
That in order to provide radioactive fallout shelter spaces for the citizens of the
community, henceforth we urge and recommend that all public and private organizations provide
for radioactive fallout shelter in the design of new buildings. Architectural slanting tech-
niques which increase the protection from radioactive fallout should be utilized in the design
of public and private construction wherever possible and feasible.
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD,DO NOW ADJOURN.
l l
i
rman, Board of
S
At the Regular Night Meeting of the Board of Supervisors of Frederick County, Vir-
ginia', held in the Supervisors' Room on the 28th day of June, 1971.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice - Chairman;
J. Robert Russell, Thomas B. Brumback, and Raymond C. Sandy.
REAPPORTIONMENT - MAGISTERIAL DISTRICTS
At 7:30 P.M. Board Chairman Tom Rosenberger, called the Public Hearing to order for
the purpose of hearing public opposition and support for the proposed Ordinance for the Re-
apportionment of Magisterial Districts.
Present for the Public Hearing were: William Fraula, Secretary of the Electoral
n
Board; Alfred Snapp, Chairman, Electoral Board; Grover Teets, Jr., Electoral Board; Mary Gay
Conner, Central Registrar; S.. Herbert Shackleford; Irvin Williams; Frank E. Ewing and J. A.
McCormick.
The Executive Secretary read the proposed ordinance as advertised in the Winchester
Evening Star per notices of June 15 and June 22, 1971.
Herbert Shackleford presented the Board with the following petition:
TO THE BOARD OF SUPERVISORS FOR FREDERICK COUNTY, VIRGINIA:
We, the undersigned, as concerned residents of Frederick County, Virginia, Petition
the Board to reject the proposed ordinance for the reapportionment of the Opequon Magisterial
District, per notices of June 15, 1971, and June 22, 1971, insofar as it affects the land
lying between Virginia Secondary Highway No. 642, the Opequon Creek and U. S. Highway No. 522,
for the following reasons:
1. Reapportionment of this area into the Back Creek Magisterial District disreg
the traditional and natural boundaries of the Opequon Creek, the Front Royal Road and the
Valley Pike;
104
2. These traditional boundaries constitute the normal boundaries for population
growth, and adoption of the proposed boundaries will defeat the central purpose for which the
reapportionment is being made;
3. "Voter Convenience ", the alleged reason for the present proposal, is arbitrary
and unjustifiable under the present circumstances.
IN CONSIDERATION WHEREOF, we set our signatures to this Petition:
S. Herbert Shackleford Stephens City Va. Paul S. Thompson Stephens City, Va.
Richard R. Ladd Stephens City, Va. Janie B. Thompson " it
Beth S. Ladd Stephens City, Va. E. R. Neff " " "
Bruce L. Hiatt Stephens City, Va. Elwood Buracker
Connie A. Hiatt Stephens City, Va. G. W. Manuel, Jr. "
William H. Cook Stephens City, Va. E. R. Neff, Jr.
Anna Margaret Cook Stephens City, Va. Audrey D. Brown "
Wayne E. Ennen Stephens City, Va. T. C. Hudson
Julia Ennen Stephens City, Va. Dorothy Hudson "
Ronald F. Miller Stephens City, Va. Paul Tomney
Sandra F. Miller Stephens City, Va. Barbara B. Tomney "
Charles G. Wilson Stephens City, Va. Thurman 0. Ballenger, Jr. "
Mrs. Charles G. Wilson Stephens City, Va. Mr. & Mrs. H. Ralph Russell"
Mr. & Mrs. Donald E. Ratcli£f Stephens City, Va. V. O. Corner "
Mr. & Mrs. Buddy Hutchens Stephens City, Va. James Jenkins "
Mr. & Mrs. Calvin L. Howell Stephens City, Va. 0. M. Young "
Mr. & Mrs. R. L. Kensin Stephens City, Va. Charles Beeler "
Home V. Hack Stephens City, Va. Madge H. Shackleford "
Ralph Wakeman Stephens City, Va.
Upon presentation of the petition, Mr. Irvin Williams stated that he urged the Board
to approve the ordinance as advertised and thus keeping that portion of area surrounding
Stephens City on the West in the Opequon Magisterial District. In justifying the action of
the Electoral Board in recommending the changes at the Board of Supervisors made to the pro-
posed ordinance at the meeting of June 14th, he stated that it was merely for the purpose of
attempting to maintain voter convenience in the Stephens City area. He further stated that at
the time of the recommendation and the Board's acceptance of the recommendation there was no
indication of opposition to the change._
Also, speaking on behalf of the Electoral Board, Mr. Fraula stated that the Electora.
Board was not tied down to -any one plan and was open for recommendations and changes. After a
lengthy discussion concerning the pros and cons of all sides the following action was taken.
Upon a motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Magisterial Districts be reapportioned as outlined in the
following ordinance:
AN ORDINANCE TO PROVIDE FOR THE APPORTION-
MENT OF MEMBERS OF COUNTY BOARDS OF SUPER-
VISORS, TO ESTABLISH BOUNDARY LINES OF THE
MAGISTERIAL DISTRICTS AND TO NAME EACH
MAGISTERIAL DISTRICT.
BE IT ORDAINED BY THE Board of Supervisors of Frederick County, Virginia:
Sec. 1. Pursuant to authority contained in Code of Virginia (1950) as amended, Secs.
15.1 -37.4 through 15.1 -37.8 and Sec. 15.1 -571 and 15.1 - 571.1, the magisterial districts of
Frederick County, Virginia, are hereby created and established as set forth in this ordinance.
105
Sec. 2. The magisterial districts with populations set forth are�:asffollows:
Back Creek Magisterial District 4,666
Gainesboro Magisterial District 5,096
Opequon Magisterial District 4,815
Shawnee Magisterial District 4,520
Stonewall Magisterial District 4,752
Sec. 3. The boundaries of the respective magisterial districts are as set forth
below:
Back Creek Magisterial District
r
Beginning at the intersection of U. S.- Highway Route No. 50 with the West Virginia
State Line, thence in an easterly direction with U. S. Highway Route No. 50 to its intersectic
with the corporate limits of the City of Winchester; thence in a southern direction with the .
corporate limits of the City of Winchester to its intersection with U. S. Interstate Route No.
81; thence in a northeastern direction with U. S. Highway Route No. 81 to its intersection
with State Route No. 644; thence in a south eastern direction with State Route No. 644 to -its
Ilintersection with U. S. Highway Route No. 522; thence in a southern direction with U. S. High-
way Route No. 522 to its intersection with the Opequon Creek; thence in a western direction
with the Opequon Creek to its intersection with U. S. Highway Route No. 11; thence in a south-
ern direction with U. S. Highway Route No. 11 to its intersection with the corporate limits of
the Town of Stephens City; thence west and southward with the corporate limits of the Town of
Stephens City to its intersection with State Route No. 631; thence westward with State Route
No. 631;to its intersection with State Route No. 628; thence west with State Route No. 628 to
its intersection with the Shenandoah County line; thence west with the Shenandoah County line
to its intersection with the West Virginia line; thence north with the West Virginia State Lin(
to its intersection with U. S. Highway Route No. 50.
Gainesboro Magisterial District
Beginning at the intersection of U. S. Highway Route No. 50 with the Hampshire Coun
Line (West Virginia); thence in a northern direction with the Hampshire County Line to its
intersection with the Morgan County line; thence in an eastern direction with the Morgan Count
line to its intersection with the Berkeley County line; thence in an eastern direction with
the Berkeley County line to its intersection with State Route No. 739 (West Virginia Route No.
26); thence in a southern direction with State Route No. 739 to its intersection with U. S.
Highway Route No. 522; thence in a south eastern direction with U. S. Highway Route No. 522
to its intersection with the corporate limits of the City of Winchester; thence in a western
direction with the corporate limits of the City of Winchester to its intersection with State
Route No. 37, thence south with State Route No. 37 to its intersection with U. S. Highway Rout
50; thence in a western direction with U. S. Highway Route No. 50 to its intersection with the
Hampshire County line.
Opequon Magisterial District
Beginning at the intersection of U. S. Highway No. 11 with the Opequon Creek, thence
in a southern'direction with U. S. Highway Route No. 11 to its intersection with the corporate
limits of the Town of Stephens City, thence in a western and southern direction with the cor-
porate limits of the Town of Stephens City, to its intersection with State Route No. 631,
thence in a western direction with State Route No. 631 to its intersection with State Route
No. 628, to its intersection with the Shenandoah County Line, thence in a southern direction
with the Shenandoah County Line to its intersection with the Warren County line, thence in an
eastern direction with the Warren County line to its intersection with the Clarke County line,
thence.in northern direction - with the Clarke County line to its intersection with U. S.
Highway Route No. 522, thence in a north west direction with U. S. Highway Route No. 522 to it
106
intersection with the Opequon Creek, thence in a western direction with the Opequon Creek to
its intersection with U. S. Highway Route No. 11.
Shawnee Magisterial District
Beginning at the intersection of State Route No. 7 with the corporate limits of the
City of Winchester, thence in a southern direction with the corporate limits of the City of
Winchester to its intersection with State Route No. 644, thence in a south eastern direction
with State Route No. 644 to its intersection with U. S. Highway Route No. 522, thence in a
southern direction with U. S. Highway Route No. 522 to its intersection with the Clarke County
line, thence in a northern direction with the Clarke County line to its intersection with
State Route No. 7, thence in a western direction with State Route No. 7 to its intersection
with State Route 656, thence in a southern direction with State Route No. 656 to its inter-
section with State Route No. 659, thence in a western direction with State Route No. 659 to
its intersection with State Route No. 7, thence in a western direction with State Route No. 7
to its intersection with the Corporate Limits of the City of Winchester.
Stonewall Magisterial District
Beginning at the intersection of State Route No. 739 (West Virginia Route No. 26)
the Berkeley County line (West Virginia), thence in an eastern direction with'the Berkeley
County Line to its intersection with the Clarke County Line, thence in a southern direction
with the Clarke County line to its intersection with State Route No. 7, thence in a western
direction with State Route 7, to its intersection with State Route No. 656, thence in a south-
ern direction with State Route No. 656 to its intersection with State Route No. 659, thence in
a western direction with State Route No. 659 to its intersection with State Route No. 7, thence
in a western direction with State Route No. 7 to its intersection with the corporate limits of
the City of Winchester, thence in a western direction with the corporate limits of the City of
Winchester to its intersection with U. S. Highway Route No. 522, thence in a western direction
with U. S. Highway Route No. 522 to its intersection with State Route No. 739, thence in a
northern direction with State Route No. 739 to its intersection with the Berkeley County line
(West Virginia).
Sec. 4. One Supervisors shall be elected from each - magisterial district created by
this ordinance.
Sec. 5. Should any section or provision of this ordinance be decided to be invalid
or unconstitutional, such decision shall not affect the validity or constitutionality of any
section and provision of this ordinance.
Sec. 6. This ordinance shall be in full force and effect upon its adoption and
enactment by the Board of Supervisors of Frederick County, Virginia, provided, however, that
the several magisterial districts of Frederick County, Virginia, with boundary lines and names
thereof respectively as constituted and known on the day before this ordinance becomes effect-
ive shall continue to be represented on the Board of Supervisors until January 1, 1972.
Further, candidates for the office of county supervisors to be elected on November 2, 1971,
shall offer for said election from the magisterial districts as established by this ordinance.
The above resolution was passed unanimously.
REAPPORTIONMENT - .PRECINCTS AND POLLING PLACES
Chairman Tom Rosenberger called for the reading of the proposed ordinance establish-
ing precincts and polling places as published in the Winchester Evening Star per notices of
June 15 and June 22, 1971
Ordinance was so read.
Upon motion of Thomas Brumback and seconded by Donald Baughman be it resolved that
the proposed ordinance establishing precincts and polling places be passed as advertised with
r
I
i
amendments to reflect changes made in Magisterial Districts.
107
BE IT FURTHER RESOLVED, That in accordance with the above provisions the following
Nordinance is passed:
AN ORDINANCE TO PROVIDE FOR PRECINCTS, TO ESTABLISH
BOUNDARY LINES OF PRECINCTS, TO NAME EACH PRECINCT,
AND TO ESTABLISH A POLLING PLACE FOR EACH PRECINCT
BE IT- ORDAINED by the Board of Supervisors of.. County, Virginia:
Sec. 1 Pursuant to authority contained in Code of Virginia (1950), as amended, Sec.
124.1 -37 through 24.1 -39, the precincts and their respective polling places for Frederick Coun
Virginia are hereby created and established as set forth in this ordinance.
Sec. 2 The precincts for each magisterial district and the polling places for each
precinct shall be set forth below:
Opeciuon Magisterial District
Stephens City Precinct
Middletown Precinct
Shawnee Maaisterial District
Carpers Valley Precinct
Stonewall Magisterial District
Clearbrook Precinct
Neffstown Precinct
Gainesboro Maaisterial'District
Albin Precinct
Gainesboro Precinct
Back Creek Magisterial District
Kernstown Precinct
Russells Precinct
Gore Precinct
Town Office
Fire Hall
Senseny Road School
Fire Hall
Office of I. Fred Stine
Luttrell Tire Auction
Fire Hall
Echo Village
Community Building
Gore School
Sec. 3 The boundaries of the respective precincts are as set forth below:
SHAWNEE MAGISTERIAL DISTRICT
Carpers Valley Precinct
Beginning at the intersection-- State Route #7 with the corporate limits of the
City of Winchester, thence in a southern direction with the corporation limits of the City of
Winchester to its intersection with State Route #644, thence in a south_ eastern direction on
State Route #644 to its intersection with U. S. Highway Route #522, thence in a southern dir-
ection with U. S. Highway Route #522 to its intersection with the Clarke County line, thence
in a northern direction with the Clarke County line to its intersection with Route #7, thence
in a western direction with State Route #7 to its intersection with State Route #656,thence in
a southern direction with State Route #656 to its intersection with State Route #659, thence
in a western direction with State Route #659 to its intersection with State Route #7, thence
in a western direction with State Route #7 to its intersection with the Corporate Limits of
the City of Winchester.
OPEQUON MAGISTERIAL DISTRICT
Middletown Precinct '
Beginning at.the intersection of State Route #628 and State Route #638, thence in a
south - easterly direction on State Route #638 to its intersection with State Route #625, thence
in a northern direction on Route #625 to its intersection with State Route #638, thence in a
south - eastern direction on Route #638 to its intersection with U. S. Highway Route #11, thence
in a northern direction with U. S. Highway Route #11 to its intersection with State Route #735
thence in a southern direction on Route #735 to its intersection with State Route #636, thence
in an eastern direction on State Route #636 to its intersection with State Route #641, thence
in a southern direction on Route #641 to its intersection with the Warren County line, thence
in a westerly direction with the Warren county line to its intersection with the Shenandoah
County line, thence in a north - westerly direction with the Shenandoah County line to its in-
tersection with State Route #628, thence in a north - eastern direction on Route #628 to its
intersection with State Route #638.
Stephens City Precinct
'
Beginning at the intersection of U. S. Highway Route #11 with the Opequon Creek,
thence in a southern direction with U. S. Highway Route #11 to its intersection with the cor-
porate limits of the Town of Stephens City, thence in a western and southern direction with
the corporate limits of the Town of Stephens City, to its intersection with State Route #631,
thence in a western direction with State Route #631 to its intersection with State Route #628,
'
thence in a western direction with State Route #628 to its intersection with State Route #638,
thence in an eastern direction on State Route #638 to its intersection with State Route #625,
thence in a northern direction on State Route #625 to its intersection with State Route #638,
thence in an eastern direction on State Route #638 to its intersection with U. S. Highway
Route #11, thence in a northern direction on U. S. Highway Route #11 to its intersection with
State Route #735, thence in a south - eastern direction on State Route #735 to its intersection
with State Route #636, thence in an eastern direction on State Route #636 to its intersection
with State Route #641, thence in a southern direction on State Route #641 to its intersection
with the Warren County line, thence in an eastern direction with the Warren County line to its
intersection with the Clarke County line, thence in a northern direction with the Clarke County
line to its intersection with U. S. Highway Route #522, (North of the intersection of U. S.
Highway Route #522 and State Route #277) thence in a north - western direction with U. S. High- '
way Route #522 to its intersection with the Opequon Creek, thence in a western direction with
the Opequon Creek to its intersection with U. S. Highway Route #11.
STONEWALL MAGISTERIAL DISTRICT
Clearbrook Precinct
Beginning at the intersection of State Route #739 (West Virginia Route #26) with the
Berkeley County line (West Virginia) thence in an eastern direction with the Berkley County
line (West Virginia) to its intersection with the Clarke County line, thence:in a southern
direction with the Clarke County line to its intersection with State Route #660, thence in a
western direction on State Route #660 to its intersection with State Route #664, thence in a
north - western direction on Route #664 to its intersection with State Route #761, thence in a
western direction on Route #761 to its intersection with U. S. Highway Route #11, thence in a
southern direction on U. S. Highway Route #11 to its intersection with State Route #663, 1 '
thence in a we direction on Route #663 to its intersection with State Route #661, thence
in a northern direction on Route #661 to its intersection with State Route #672, thence in a
western direction on State Route #672 to its intersection with State Route #739, thence in a
northern direction on Route #739 to the West Virginia line.
Neffstown Precinct '
Beginning at the intersection of State Route #739 and State Route #672, thence in an
eastern direction on Route #672 to its intersection with State Route #661, thence in a southern
direction on Route #661 to its intersection with State Route #663, thence in eastern direct
ion on Route #663 to its intersection with U. S. Highway Route #11, thence in a northern dir-
ection on U. S. Highway Route #11 to its intersection with State Route #761, thence in an
eastern direction on Route #761 to its intersection with State Route #664, thence in a south-
ern direction on Route #664 to its intersection with State Route #660, thence in an eastern
direction on Route #660 to the Clarke County line, thence in a southern direction with the
Clarke County line to its intersection with State Route #7, thence in a western direction on
109
State Route #7 to its intersection with State Route #656, thence in a southern direction on
Route #656 to its intersection with State Route #659, thence in a western direction on State
section with State Route 672.
GAINESBORO MAGISTERIAL DISTRICT
Gainesboro Precinct
Beginning at the intersection of U. S..Highway Route #50 with the Hampshire County
line (West Virginia) thence in a northern direction with the Hampshire County line to its
intersection with the Morgan County line, thence in an eastern direction with the Morgan Count
line to its intersection with the Berkeley County line, thence in an Eastern direction with
the Berkeley County line to its intersection with Babbs Run, thence in a southern direction
along Babbs Run to its intersection with'U. S. Highway Route #522, thence in a western directi(
on U. S. Highway Route #522 to its intersection with Hogue Creek, thence in a southern directio
along Hogue Creek to its intersection with the Winchester and Western Railroad, thence in a
southern direction along the Winchester and Western Railroad to its intersection with U. S.
Highway Route #50, thence in a western direction on U. S. Highway Route #50 to its intersectio(
with the Hampshire County line (West Virginia).
Albin Precinct
' Beginning at the intersection of U. S. Highway Route #50 and the Winchester and
Western Railroad, thence in an eastern direction on U. S. Highway Route #50 to the Corporation
Limits of the City of Winchester, thence in a north - eastern direction along the Corporation
Limits of the City of Winchester to its intersection with U. S. Highway Route #522, thence in
a western direction on U. S. Highway Route #522 to its intersection with State Route #739,
thence in a northern direction on State Route #739-to its intersection with the Berkeley
County line (West Virginia), thence in a north - western direction with the Berkeley County line
to its intersection with Babbs Run, thence in a southern direction along Babbs Run to its
intersection with U. S. Highway Route #522, thence in a western direction on U. S. Highway
Route #522 to its intersection with Hogue Creek, thence in a southern direction along Hogue
Creek to its intersection with the Winchester and Western Railroad, thence in a southern dir-
ection along the Winchester and Western Railroad to its intersection with U. S. Highway
I Route #50.
BACK CREEK MAGISTERIAL DISTRICT
Gore Precinct
Beginning at the intersection of U. S. Highway Route #50 with the West Virginia Sta
line, thence in an eastern direction with U. S. Highway Route #50 to its intersection with
' State Route #803, thence in an-.eastern direction with Route #803 to its intersection with Stat
Route #620, thence in a southern direction on Route #620 to its intersection with State Route
#622, thence in a southern direction with Ruute #622 to its intersection with State Route #629
thence in a western direction with Route #629 to its intersection with State Route #608, thenc
in a northern direction with Route #608 to its intersection with State Route #612, thence in a
western direction on Route #612 to its intersection with State Route #600, thence in a north-
ern direction with Route #600, to its intersection with State Route #613, thence in a south-
western direction following the present boundary line between the old Gore and Russells pre-
11cincts to the West Virginia line, thence in a north - western direction with the West Virginia
line.to U. S. Highway Route #50.
Route #659
to its intersection with State Route
#7, thence in a western direction on State
Route #7 to
its intersection with the Corporation
Limits of the City of Winchester, thence in
a western
direction with the Corporation Limits
of the City of Winchester to its intersection
'
with U. S.
Highway Route #522, thence in a western
direction on U. S. Highway #522 to its
intersection
with State Route #739, thence in a
northern direction on Route #739 to its inter-
section with State Route 672.
GAINESBORO MAGISTERIAL DISTRICT
Gainesboro Precinct
Beginning at the intersection of U. S..Highway Route #50 with the Hampshire County
line (West Virginia) thence in a northern direction with the Hampshire County line to its
intersection with the Morgan County line, thence in an eastern direction with the Morgan Count
line to its intersection with the Berkeley County line, thence in an Eastern direction with
the Berkeley County line to its intersection with Babbs Run, thence in a southern direction
along Babbs Run to its intersection with'U. S. Highway Route #522, thence in a western directi(
on U. S. Highway Route #522 to its intersection with Hogue Creek, thence in a southern directio
along Hogue Creek to its intersection with the Winchester and Western Railroad, thence in a
southern direction along the Winchester and Western Railroad to its intersection with U. S.
Highway Route #50, thence in a western direction on U. S. Highway Route #50 to its intersectio(
with the Hampshire County line (West Virginia).
Albin Precinct
' Beginning at the intersection of U. S. Highway Route #50 and the Winchester and
Western Railroad, thence in an eastern direction on U. S. Highway Route #50 to the Corporation
Limits of the City of Winchester, thence in a north - eastern direction along the Corporation
Limits of the City of Winchester to its intersection with U. S. Highway Route #522, thence in
a western direction on U. S. Highway Route #522 to its intersection with State Route #739,
thence in a northern direction on State Route #739-to its intersection with the Berkeley
County line (West Virginia), thence in a north - western direction with the Berkeley County line
to its intersection with Babbs Run, thence in a southern direction along Babbs Run to its
intersection with U. S. Highway Route #522, thence in a western direction on U. S. Highway
Route #522 to its intersection with Hogue Creek, thence in a southern direction along Hogue
Creek to its intersection with the Winchester and Western Railroad, thence in a southern dir-
ection along the Winchester and Western Railroad to its intersection with U. S. Highway
I Route #50.
BACK CREEK MAGISTERIAL DISTRICT
Gore Precinct
Beginning at the intersection of U. S. Highway Route #50 with the West Virginia Sta
line, thence in an eastern direction with U. S. Highway Route #50 to its intersection with
' State Route #803, thence in an-.eastern direction with Route #803 to its intersection with Stat
Route #620, thence in a southern direction on Route #620 to its intersection with State Route
#622, thence in a southern direction with Ruute #622 to its intersection with State Route #629
thence in a western direction with Route #629 to its intersection with State Route #608, thenc
in a northern direction with Route #608 to its intersection with State Route #612, thence in a
western direction on Route #612 to its intersection with State Route #600, thence in a north-
ern direction with Route #600, to its intersection with State Route #613, thence in a south-
western direction following the present boundary line between the old Gore and Russells pre-
11cincts to the West Virginia line, thence in a north - western direction with the West Virginia
line.to U. S. Highway Route #50.
110
LETTERS OF APPRECIATION - REAPPORTIONMENT
Upon motion by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Executive Secretary is to send letters to all persons
assisting with reapportionment expressing the sincere appreciation of the Board of Supervisors
The above resolution was passed.
Kernstown Precinct
Beginning at the intersection of U. S. Highway Route #11 with the Opequon Creek,
thence in a southern direction with U. S. Highway Route #11 to its intersection with the cor-
porate limits of the Town of Stephens City, thence in a western and southern direction with
the corporate limits of the Town of Stephens City, to its intersection with State Route #631,
thence in a western direction with State Route #631 to its intersection with State Route #628,
'
thence in a western direction on State Route #628 to its intersection with the Shenandoah
County line, thence in a north - western direction along the Shenandoah County line to the
intersection of the former boundary line between the old Back Creek District and Opequon
District, thence in a northern direction along the old Back Creek District and Opequon Distric
line to its intersection with State Route #629, thence in an eastern direction on Route #629
'
to its intersection of State Route #622, thence in a northern direction with Route #622 to its
intersection with State Route #620, thence in a northern direction on Route #620 to its inter-
section with State Route #803, thence in a western direction on Route #803 to its intersection
with U. S. Highway Route #50, thence in an eastern direction with U. S. Highway Route #50 to
its intersection with the Corporation Limits of the City of Winchester, thence in a southern
direction with the Corporation Limits of the City of Winchester to its intersection with U. S.
Interstate Highway Route #81, thence in a north - eastern direction on U. S. Interstate Highway
#81 to its intersection with State Route #644, thence in a south - eastern direction on Route
#644 to its intersection with U. S. Highway Route #522, thence in a southern direction with
U. S. Highway #522 to its intersection with the Opequon Creek, thence in a western direction
along the Opequon Creek to its intersection with U. S. Highway Route #11.
Russells Precinct
I
Beginning at the intersection of State Route #613 and State Route #600, thence in a
southern direction on Route #600 to its intersection with State Route #612, thence in a south-
eastern direction on Route #612 to its intersection with State Route #608, thence in a souther
direction with Route #608 to its intersection with State Route #629, thence in a south - eastern
direction with Route #629 to its intersection with the former Back Creek and Opequon District
line, thence in a southern direction along the former Back Creek and Opequon District line to
its intersection with the Shenandoah County line, thence in a southern and western direction
along the Shenandoah County line to the West Virginia State line, thence in a northern direct-
ion with the West Virginia State line to the intersection of the former Russells Precinct line
thence in a northern direction with the former Russells Precinct line to its intersection with
State Route #613, thence in a southern direction with Route #613 to its intersection with
State Route #600.
'
Sec. 4 The secretary of the electoral board shall notify by mail no later than
fifteen days prior to the next general, special or primary election all registered voters
whose precinct and /or polling place has been changed by the provisions of this ordinance.
Sec. 5 Should any section or provision of this ordinance be decided to be invalid
or unconstitutional such decision shall not affect the validity or constitutionality of any
'
other section and provision of this ordinance.
Sec. 6 This ordinance shall be in full force and effect upon its adoption and
enactment by the Board of Supervisors of Frederick County, Virginia.
The above crdinance was passed unanimously.
LETTERS OF APPRECIATION - REAPPORTIONMENT
Upon motion by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Executive Secretary is to send letters to all persons
assisting with reapportionment expressing the sincere appreciation of the Board of Supervisors
The above resolution was passed.
ill
JAMES PERCY SHEETZ PROPERTY - VARIANCE GRANTED
Upon a petition made in behalf of the James Percy Sheetz Estate by William E.
Edwards, Attorney at Law, the following action was taken.
Upon motion of Robert Russell and seconded by Thomas Brumback,
BE IT RESOLVED, That a variance to the Frederick County Sub - Division Ordinance be
granted in order to sub - divide a certain parcel of land measuring 777.70 feet by 150 feet 1
along U. S. Route 522 into two (2) parcels - one being 50 feet by 777.70 feet and the other
being 100 feet by 777.70 feet.
BE IT FURTHER RESOLVED, That this variance is being granted solely due to the hard-
ship which would prevail on the parties involved if such a variance was not granted.
I
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
Sec etary, Board of Supervisors Chairman, Board of Supe
sors
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia,
held in the Supervisors Room on the 12th day of July 1971.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice Chairman;
J. Robert Russell.; Thomas B. Brumback and Raymond C. Sandy.
The minutes of the Regular Meeting held on the 14th day of June, 1971 and the Night
Meeting held on the 28th day of June, 1971 were read and approved.
ACCOUNTS PAYABLE
' Accounts totaling $52,188.32 were read and approved and ordered to be paid from
the General County Fund by Warrants #8016 through #8115 inclusive. Accounts totaling $1,028.
were read and approved and ordered to be paid from the Dog Fund by Warrants #511 through #523
inclusive.
EXECUTIVE SECRETARY'S REPORT
Planning District Budget
The Lord Fairfax Planning District Commission's budget for the fiscal year 1971 -72
was approved July 1, 1971, by the Commission. Support of the Commission for the fiscal year
for Frederick County is $4,795.00 based upon the County's population of 23,975 @ $0.20 per
person. This was approved for payment.
Commonwealth Attorney's Office '
Most of the work has been completed and it is hoped that the Commonwealth Attorney
will be able to move in next week.
At this time the Executive Secretary stated that the County was spending approxi-
mately $10,000 a year in rent for various County offices and that, he was working on plans to
move the County's judicial offices to the 2nd floor of the County Court House and move the
Agriculture Offices to the' second floor of the A & N Building. Mr. Russell questioned the
expense involved. Mr. Alderman replied that the savings would more than pay the cost.
Mr. Baughman stated that eventually the County would have to build a new Court House to hold
the County's offices. All members agreed.
Zoning
At this time we are developing a number system that will enable us to maintain
better records and control of zoning changes. This system will be shown to the Board at a
later date.
112
Request Audit of Accounts
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Board request an audit of Public Accounts by the State
Auditors Office.
The above resolution was passed.
Retirement - Hospitalization '
A proposed plan will be submitted at the next Board meeting.
Data Processing
The Board of Education has approved the use of the County's equipment for the pre-
paration of report cards in grades 7 through 12. ,
Donald Baughman asked about programming. The Executive Secretary stated that so far
all expenses have been covered. Mr. Baughman suggested that it might be a good idea to get an
additional person to help with the programming.
The Executive Secretary presented an example of a programming sheet to the Board
members and explained the code, account numbers, and budget program. Mr. Alderman stated that
he would give the Board a Quarterly Financial Statement, and that his office would be carry-
ing a dual system of books for about six months.
Letters of Appreciation - James Wood Concert Choir
A fetter of appreciation from Mr. Paul S. Thompson of James Wood H. S. Music Depart-
ment was read by the Executive Secretary.
Mr. Rosenberger read a letter form Susan McIntire, Secretary of the Concert Choir
expressing the Choir's appreciation for the Board's generous donation toward their trip to
Europe. ,
Frederick County Sanitation Authority - Quarterly Allocation - Denied
The Sanitation Authority submitted a request to the Board of Supervisors to appro-
priate $9,500 of the $38,000 Fiscal Year 1972 operation loan to the Sanitation Authority.
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the request of the Frederick County Sanitation Authority for
quarterly allocation of $9,500 be denied, and
BE IT FURTHER RESOLVED, That this action is being taken in accordance with the
provision of the 1971 -72 Budget requiring financial statements from the Authority upon the
allocation of funds.
The above resolution was passed.
Sylvia F. McDonald - Chicken Kill - Paid
Payment was authorized in the amount of $15.00 to Sylvia F. McDonald for twelve (12) '
laying hens killed by a stray dog on June 14, 1971.
H. C. CHRISTIANSON OF SANITARY LANDFILL
H. C. Christianson, operator of the Landfill came before the Board to discuss a
situation which recently developed after disputes with two operators. Mr. Christianson stated
that his-life had been threatened and that he and his men working at the'landfill were now '
armed.
One of the disputes arose with Marshall Williams a hauler who came to the landfill
on July 5th with a partial load, saying he had to go to Shawneeland for a pickup so he wanted
to unload the partial load. Mr. Christianson said he told him the Landfill was closed and to
go fill his packer. Mr. Williams came back Tuesday and unloaded his packer after Mr. Christ-
ianson had left. Mr. Williams would not sign the tickets. Mr. Christianson said there was a
rumor that Mr. Williams was going to bring in Negroes from Washington to destroy his equipment
113
Another dispute was with Garland Orndorff over the opening time of the Landfill.
Mr. Christianson stated that he was sitting inside his pickup when Mr. Orndorff tried to choke
him. One of the men at the Landfill hollered at Orndorff. Mr. Orndorff then threatened to
get Mr. Christianson on the outside. Mr. Christianson stated that he had gotten out a warrant
against Mr. Orndorff.
Mr. Christianson stated that the haulers should be charged as the ticket states -
for a full load and not for a partial load.
Mr. Alderman, the Executive Secretary, stated that Mr. Williams had come in and
talked to him. And he told Mr. Williams that he would have to sign the tickets or he would
not be able to use the Landfill.
At this time there was some discussion on getting the scales moved to the Landfill
and a more equitable basis established for fixing rates on haulers, regardless of size.
Mr. Christianson was asked to come back at 3:30 p.m. when Mr. Swift would present
a petitionrin behalf Marshall Williams.
j ! -._. , .
W. D. ATCHLEY - STRIP MINING - FREY QUARRY
Mr. W. D. Atchley, who represents a group of citizens from the Clearbrook- Stephenson
area of northern Frederick County, asked the Board to begin investigation of an ordinance to
prohibit strip mining within a 1000 feet of any residential area, school, or public road.
This group has been attempting for some time to secure more stringent controls over
the Frey Quarry at Clearbrook. Mr. Atchley and Mr. Roy Pope presented two films - one film
showing similar operations in York, Pa. indicating storage bins and showing a relatively
pollution -free operation, and another film taken in Thomasonville, Va., only 7 miles away,
showing no dust from crushers. Mr. Atchley stated that these mining strips are approximately
150 feet deep with the debris piled in the trenches as they are worked out and not piled
outside like the operation in Clearbrook.
Mr. Atchley also presented samples of an air filter which were taken behind the
home.of Mrs. Largent which showed a high level of dust in the air. Mr. Albert Nicholson, a
resident of Clearbrook, told the Board how the dust settled on everything, even the clothes-
lines and trees. He further stated that he could wash his car and shortly thereafter write
his name on it. The citizens stated that their property value had decreased approximately 50%
Mr. Rosenberger stated that a special meeting should be set up with Mr. Frey,
interested citizens, and the Board and a state representative. Mr. Atchley stated that they
had made every effort to meet with Mr. Frgy, but they had not been successful.
The Board members agreed to ask Mr. Frey and representatives of the Clearbrook-
Stephenson area to meet with the Board. Mr. Baughman suggested that a special representative
on strip mining should also be present at the meeting. This meeting was scheduled for July
26th as the Board's next regular session.
SHAWNEE -LAND - ENON SPRINGS PLATS - APPROVED
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the following plats of Marjec, Inc. for Enon Springs, Shawnee-
land be approved upon the recommendation of the subdivision administrator: Plat 2, Section 21
Plat 3, Section 23; Plat 6, Section 23; Plat 7, Section 23; Plat 8, Section 28; Plat 9,
Section 23; Plat 10, Section 23; Plat 11, Section 23; Plat 12, Section 23; Plat 13, Section 2
Plat 15, Section 23; Plat 16, Section 11; Plat 17, Section 11; Plat 18, Section 11; Plat 20,
Section 23; Plat 21, Section 23: '
The above resolution was passed.
114
PLATS FOR SUBDIVISIONS TO BE BASED UPON STATE GEOGRAPHIC GRID SYSTEM AFTER 1 -1 -72
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board of Supervisors will not approve any additional
for subdivision after January 1, 1972, unless the survey is based upon the State Geographic
Grid System.
The above resolution was passed.
ADDITIONS TO THE SECONDARY SYSTEM OF HIGHWAYS
Plainfield Drive in Plainfield Heights Subdivision
Upon motion made by Donald Baughman and seconded by Raymond Sandy,t' _
BE IT RESOLVED, That Plainfield Drive in Plainfield Heights Subdivision, be added
to the Secondary System of Highways as follows: Plainfield Drive - from Route 813 to Route
813. Length 0.18 Mile. An unrestricted Right of Way of Fifty (50 feet in width is guar-
anteed. This Right of Way is recorded in the Clerk's Office of Frederick County in Deed Book
241, Page 386, dated May 19, 1956, and a drainage easement in Deed Book 376, Page 624, dated
May 26, 1971.
This street has been constructed by the developer in accordance with the Frederick
County Subdivision Ordinance and the Highway Department's requirements for subdivision streets
A section of this street, 0.12 Mile in: length, was added to the Highway System on July 1, 1963
and designated Route 813. The remainder was omitted at that time due to the need for a drain-
age easement. The abutting property owners have now provided an easement and patched and
sealed the surface.
The above resolution was passed.
Laurel Drive Stanley Drive Hickory Hill Drive and Oak Ridge Drive in Lakesi Estates
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That Laurel Drive, Stanley Drive, Hickory Hill Drive and Oak Ridge
Drive in Lakeside Estates Subdivision, be added to the Secondary Highway System as follows:
Laurel Drive - from Oak Ridge Drive to 0.08 Mi. West of Stanley Drive, Lgt. 0.25
Stanley Drive - from Route 642 to Laurel Drive, Lgt. 0.07 Mi.
Oak Ridge Drive - from Route 642 to Laurel Drive, Lgt. 0.05 Mi.
Hickory Hill Drive - from Laurel Drive to 0.12 Mile north of Laurel Drive,
Lgt. 0.11 Mi.
An unrestricted Right of Way of sixty (60 feet in width is guaranteed. This
Right of Way is recorded in the Clerk's Office of Frederick County in Deed Book 349, Page 551,
dated January 15, 1969; Deed Book 361, Page 399, dated March 3, 1970; and Deed Book 367, Page
396, dated August 17, 1970. This street has been constructed by the developer in accordance
with the Frederick County Subdivision Ordinance and the Highway Department's requirements for
subdivision streets.
The above resolution was passed.
Spring Valley Drive in Braddock Hills Estates Subdivision
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That Spring Valley Drive in Braddock Hills Estates Subdivision,
be added to the Secondary Highway System as follows: Spring Valley Drive - from Route 522 to
0.060 Mi. North of Route 522. Length 0.60 Mile.
An unrestricted Right of Way of sixty (60 feet in width is guaranteed. This
Right of Way is recorded in the Clerk's Office of Frederick County in Deed Book 352, Page 230,
dated April 16, 1969.
This street has been constructed by the developer in accordance with the Frederick
County Subdivision Ordinance and the Highway Department's requirements for su bdivision streets
J
i
The above resolution was passed.
115
Road Constructed to serve the Chesapeake & Potomac Telephone Company Service Building
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the road constructed to serve the Chesapeake and Potomac
Company service building, be added to the Secondary Highway System for maintenance as follows:
From Route 847 to 0.18 Mile North. Length - 0.18 Mile. An unrestricted Right of Way of
I Sixty (60 feet in width is not in the process of being deeded to the Commonwealth.
This road was constructed by Mr. Boyd J. Hamman to serve this installation after
his request for Industrial Access Funds was denied as it was not a qualifying development.
It was constructed in accordance with drawings approved by the Department of Highways.
' The above resolution was passed.
FOUR REZONING PETITIONS - APPROVED
Stonewall Development Company - Approved
The Planning Commission had not recommended the petition on the basis that a "buffer
zone" was needed between the Industrial Park and Route 11.
Mr. Joseph A. Massie, Jr. appeared in favor of the petition stating that no resi-
dential area was involved and that no "buffer zone" was required in other industrial areas.
Mr. Massie further stated that Hemingway Transport Corp. has current plans for a $600,000
terminal on 11.6 acres of the site which will be in northeastern corner of the property.
Donald Baughman stated that this would make a good tax base for the County. After
more discussion Mr. Rosenberger asked how the Board felt. Raymond Sandy suggested that a row
of trees could be put on the property to act as a "buffer zone ".
'
Mr. Massie
be
stated that the 400 ft.
useless if not approved.
in question involves approximately 14 acres which
The Executive Secretary stated that there were
would absolutely
other objectives and
that many times you use
strip zoning
as protection. Mr. Massie stated
that the idea is to
build a nice industrial
park with one
entrance into the tract of land.
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board not accept the recommendation of the Planning Com-
mission, but does approve the rezoning of an area 400 feet in width on the Eastern side of
U. S. Highway No. 11 and extending Northwardly from Virginia Secondary Route No. 688, to the
Northern property line of the lands of Roy R. Boyce now under option to Stonewall Development
Company from agricultural or residential to Industrial 2 in order to conform with the remain-
ing portion of said tract of.land which was recently zoned to Industrial 2 known as M -2.
BE IT FURTHER RESOLVED, That this approval be subject to the developer establishing
an evergreen buffer zone not to be less than ten (10 feet in width along frontage of said
' property.
The above resolution was approved.
Robert K. Stickley - Approved
The Planning Commission had approved the petition on condition that a playground
' be provided.
The petition presented involved the rezoning of several lots in Opequon District to
allow for the construction of garden apartments. David Simpson, Attorney for Robert Stickley,
asked the Board if they wanted the property deeded to the County. Otherwise, who would take
care of it.' And also stated that it was not the function of the Planning Commission or Board
of Supervisors to grant rezoning and then put conditions on it. It should stand on its meri
Mr. Rosenberger asked how much land was involved. Mr. Simpson stated that the
I area was 60' x 2201.
116 l
There was some discussion regarding the responsibility of developers for providing
and maintaining recreation areas in their plans and the method by which governmental agencies
may require such provisions.
Upon motion made by Thomas Brumback and seconded by Donald Baughman,
BE IT RESOLVED, That the Board accept.the recommendation of the Planning Commission
and does approve the rezoning of Lots 11, 12 18, and 19, on the North and South sides of Harmor
Street in the Plat of Plymn Owen Estates, on.record in the Clerk's Office of the Circuit Court
of Frederick County, Virginia in Deed Book 362, Page 647, from R -1 to Residential 2, on the
condition that the purchasers develop and maintain a recreation area.
The above resolution was passed.
Board of Education - Approved
The petition of the County School Board involving rezoning approximately seven (7)
acres of land to be used as a school bus garage and repair shop had been approved by the
Planning Commission.
Mr. and Mrs. T. J. Calkin, who own land adjoining the proposed site, appeared in
opposition stating there would be too much noise. Speaking in favor of the petition, Dr.
Wright stated that there would be approximately 60 vehicles involved and this would be strictl)
an 8 A.M. to 5 P.M.•operation. The area next to the Calkin property would be hard - surfaced to
eliminate.a dust problem. He further stated that this property was choice due to its strate-
gic location and accessibility to James Wood.
Mr. James W. Golladay also speaking in favor of the petition stated that this
petition was for the benefit of all the County.
Upon motion made by Thomas Brumback and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board accept the recommendation of the Planning Commission
and does approve the rezoning of a certain tract of land containing 7 acres, more or less,
lying and being situated on the North eastern side of Old U. S. Route 522 and on the South
tern side of present U. S. Route 522, Gainesboro District of Frederick County, Virginia, and
being the same land the School Board has under option from Stewart Yeakley and Mary L. Good,
to be used as a school bus garage and repair shop, the amendment to the zoning ordinance to
change from Agriculture General A -2 to Business General B -2.
The above resolution was passed with Thomas Rosenberger, Thomas Brumback and
Raymond Sandy voting for the resolution and Donald Baughman and Robert Russell abstaining.
C. D. Hylton, t -a C. D. Hylton Enterprises - Approved
In a joint session of the Frederick County Planning Commission and the Frederick
County Board of Supervisors there was a short discussion of a petition from C. D. Hylton
Enterprises.
Mr. Joseph A. Massie, Jr. appeared in favor of the petition stating that the
Commission had approved the original petition at a prior meeting and at that time had noted
an incorrect State Route Number on the accompanying plat and that subsequent to the Commissiorf
recommendation to the Board of Supervisors it was noted that the original petition and accom-
panying plat were in error with respect to the location of the tract within a Magisterial
District. Mr. Massis requested approval of the petition by both parties meeting since the
Commission had recommended approval of the original petition to the Board of Supervisors in
the May 5, 1971 meeting.
i
L
Upon motion made by Robert Russell and seconded by Thomas Brumback,
117
BE IT RESOLVED, That the Board accept the recommendation of the Planning Commission
and does approve the revised petition of C. D. Hylton to rezone 29.26 acres of land in Gaines-
boro Magisterial District, bounded on the North by U. S. Route 522, on the East by Unger and
the Darlington Subdivision, on the South by Miller and on the West by a lane and other land
'
of C. D. Hylton from Residential R -2 to Business B -2.
The above resolution was passed.
INDUSTRIAL ACCESS ROAD - STONEWALL DEV. CO. - APPROVED
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors go on record as re-
' commending the approval of the application of the 'Stonewall Development Company for an indust-
rial access road into a certain parcel of land located on U. S. Route 11.
BE IT FURTHER RESOLVED, That this recommendation is being made in light of the
economic benefit to the County which will arise from the proposed industrial site.
The above resolution was passed.
FREDERICK COUNTY SANITATION AUTHORITY - QUARTERLY ALLOCATION
Upon the request of Mr. Don Krueger of the Frederick County Sanitation Authority
and after some discussion the following motion was made by Donald Baughman and seconded by
Robert Russell, -
BE IT RESOLVED, That the Board rescind its earlier action and that the $9,500
quarterly allocation be made to the Sanitation Authority and that the Authority must present
a financial statement on or before July 26, 1971.
The above resolution was passed.
I
LANDFILL ORDINANCE AMENDMENT - FIRST AND SECOND
Mr. Douglas Swift, Jr., Attorney for Marshall Williams read the following petition:
WHEREAS the present rate schedule for dumping at the Frederick County - Winchester
Landfill Garbage Dump is unjustly discriminatory in that it prescribes a fixed rate for all
packer units over 8 cubic yards regardless of capacity, a fixed rate for all packer units u
8 cubic yards regardless of capacity and fixed rates for other categories of trucks without
regard for capacity differentials within those categories; and
WHEREAS it would be much more equitable for rates to be based upon cubic yard
capacity of trucks and packer units combined with a minimum fee requirement until such time
as the scales are installed and in use at the dump;
The undersigned respectfully requests that firms, businesses and corporations
located within the County of Frederick and City of Winchester be permitted to use the Fre-
derick County - Winchester Landfill Garbage Dump on a fee per load basis of 30C per cubic
yard of capacity of the vehicle involved, with a minimum of $1.00 per vehicle.
Mr. Swift stated that the current method of levying charges was discriminatory
against the smaller operators like Mr. Williams. He further stated that the small haulers
but when the original ordinance had been passed a system of scales was to have been put in
to regulate rates. He stated that these scales had been purchased and ,,were in the process
of being installed at the Landfill now, but it would be approximately 60 days before they
would be in operation and in the meantime there was nothing the Board could do for the
smaller haulers..
have lived with this in the past
with
the
idea
that a new weight system would
be forthcoming.
'
Mr. Rosenberger stated
that
the
Board
understood and agreed with Mr.
Williams,
but when the original ordinance had been passed a system of scales was to have been put in
to regulate rates. He stated that these scales had been purchased and ,,were in the process
of being installed at the Landfill now, but it would be approximately 60 days before they
would be in operation and in the meantime there was nothing the Board could do for the
smaller haulers..
118
0
Mr. Williams stated that by the original ordinance being enforced that this would
double his rates and it was too late to pass it on to his customers.
Thomas Brumback stated that it had been over a year since the scales had been
bought, but he had been unsuccessful in trying to find someone to move them to the Landfill.
And that Mr. Alderman was finally able to get Toledo Scales to move them.
Mr. Rosenberger asked the Board what they wanted to do in order to help the smaller
haulers between now and the time the scales were installed.
Mr. Swift suggested the Board pass a resolution as a temporary measure.
Donald Baughman stated that the ordinance was on the books and could not be over-
ridden by a resolution, and the only thing the Board could do would be to amend the old
ordinance, but that the scales would be ready by then.
Upon motion made by Thomas Brumback and seconded by Donald Baughman,
BE IT RESOLVED, That the Board of Supervisors does amend the present ordinance and
the first and second reading was heard on the following ordinance,
AN ORDINANCE TO AMEND AN ORDINANCE PASSED SEPTEMBER 8, 1969,
SPECIFYING AND REGULATING THE USE OF THE FREDERICK COUNTY -
WINCHESTER LANDFILL GARBAGE DUMP AND ESTABLISHING PROCEDURES
RATES, AND FEES FOR THE USE THEREOF BY FIRMS, BUSINESSES, AND
CORPORATIONS LOCATED WITHIN THE COUNTY OF FREDERICK AND CITY
OF WINCHESTER, VIRGINIA.
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
Board of Supervisors Chairman, Board of Supervisors
At the Regular Night Meeting of the Board of Supervisors of Frederick County,
Virginia, held in the Supervisors Room on the 26th day of July 1971.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice Chairman;
J. Robert Russell; Thomas B. Brumback and Raymond C. Sandy.
STRIP MINING - FREY QUARRY
At 7:30 P.M. Board Chairman Tom Rosenberger:called. the Public Inquiry to order for
the purpose of hearing public opinion on the pollution problem at Frey Quarry.
The following persons were present for the hearing:
Bill Atchley - Clearbrook
F. H. Swimley - Brucetown
Chet Litten - Va. Div. Forestry
Albert L. Nicholson - Clearbrook
E. O. Rudolph, Jr. - Frederick Cty.
C. I. Cather - Siler Route, City
Carl 0. Hornig - W. S. Frey
Henry Whiting - Counsel for W. S. Frey Co.
A. V. Dailey, Jr. - Stephenson, Va.
W. D. Atchley - Clearbrook,Brucetown
Roy Agee - Clearbrook
Leonard Hurley - Stephenson
T. Roy Jennings - Stephenson
H. F. Johnson - Winchester
Vincent L. Lord - W. S. Frey
W. S. Frey - W. S. Frey Co.
E. R. Maley, Jr. - W. S. Frey Co.
F. M. Straight - Stephenson, Va.
Representing the citizens of the Clearbrook - Stephenson area was Mr. W. D. Atchley,
Sr. And representing the W. S. Frey Company was Mr. Henry Whiting, Attorney.
A thorough discussion of the situation in northern Frederick County restated positio
expressed earlier, in which residents of the area cited dangerous pollution levels from dust
which they stated comes from the quarry, with scientific sampling conducted and films made by
the citizens as evidence in the charges
Also, discussed were federal and state air pollutm
i
regulations.
' 119
W. D. Atchley, Jr. explained the method of random sampling used by the group to
assure impartial results and added that the citizens had not singled out the Frey operation
to the exclusion of other county mining concerns.
However, he added, other county quarries have complied with air pollution control
guides and that the Frey quarry is, at present, the only one not yet in full compliance.
Mr. Henry Whiting told the Board that, while he recognized that the Board was trying
to represent all the citizens of the County, and that "we want to cooperate," that the Super -
visors were being put in the position of being requested to act on what "another Board is
doing" already.
He also stated that officials of W. S. Frey Company were not aware of meetings with
the State Air Pollution Control Board before which Atchley stated that he and other citizens
had appeared, but said that if they had been notified they would have been glad to have
attended.
Mr. Frey told the Board that the plant was currently engaged in phase one of a
pollution control plan for the operation. And that by the end of nine more months, the quarry
would have completed the second stage of anti - pollution operations which were now being in-
stalled. Phase one involves control of the fine - grinding plant and eliminates the worst
offender. Phase two when completed concerns the stone - drying operations.
The Board reached its decision after hearing statements from both sides.
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That based on the information obtained that the Board cannot
proceed with any further action until a detailed report on the situation can be obtained
from.State representatives.
BE IT FURTHER RESOLVED, That it is the general feeling of the Board of Supervisors
that Mr. Gaston of the State Air Pollution Control Board should report the status of the
entire situation to the Board of Supervisors at the earliest possible time.
The above resolution was passed.
SANITATION AUTHORITY FINANCIAL STATEMENT
Chairman Rosenberger announced that the Board met with the Sanitation Authority
earlier in the day and the County received an audited financial report of the Authority's
operations. Mr. Rosenberger stated that the Board was completely satisfied with the report
and felt that they satisfied the requirements of the budget and the directives of the Board
of July 12th.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
, 13oara or supervisors
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia,
held in the Supervisors Room on the 9th day of August, 1971.
PRESENT: Thomas B. Rosenberger, Chairman;.Donald L. Baughman, Vice - Chairman;
J. Robert Russell; Thomas B. Brumback and Raymond C. Sandy.
The minutes of the Regular Meeting held on the 12th day of July, 1971 and the
Night Meeting held on the 26th day of July 1971 were read.and approved with Mr. Baughman
noting that the name of Stanley Drive in Lakeside Subdivision needed to be changed.
120
ACCOUNTS PAYABLE
Accounts totaling $32,058.48 were read and approved and ordered to be paid from the
General County Fund by Warrants #8116 through #8205 inclusive. Accounts totaling $732.90 were
read and approved and ordered to be paid from the Dog Fund by Warrants #524 through #532
inclusive: '
At this time -there was some discussion on training for the Deputies with Mr. Russell
asking if any of the deputies had taken special training. Mr. Baughman suggested that the
Board look into a special training school for all Deputies. The Executive Secretary stated
that objectives should be established for law enforcement. It was brought out that the ratio
between population and policemen was too low. No.action was taken at this time. ,
Mr. Rosenberger asked about the purchase of supplies and the Executive Secretary
explained that a memo had been sent out to all departments involved explaining the purchase
order system. And that next month the bills would be marked on which bids had been obtained.
ROUTINE CONTRIBUTIONS TO BE PAID
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Board approve all routine contributions allocated in the
1971 -72 Budget to be paid as soon as possible.
The above resolution was passed.
VOTOR REGISTRAR - HOURS DISCUSSED
In a brief discussion, several members of the Board stated that they had received
complaints concerning the hours that the Registrar was in her office. There seemed to be
some confusion among some citizens concerning the hours that the Registrar was available. ,
The Executive Secretary explained that by state law, the Registrar, Mr. Mary Gay
Conner, is required to sit only one day a month until 30 days before an election, then one
day a week during that last month.
Several members stated that since this was an election year there was a need to set
up more days for the Registrar to sit. The Executive Secretary stated that he would express
the Board's opinion to the Electoral Board.
EXECUTIVE SECRETARY'S REPORT
Garber Petition for Amendment to Zoning Ordinance - Withdrawn
Ben Butler, acting as counsel petitioned that the zoning ordinance be amended to
allow apartments to be constructed in a Business - 2 area. The Commission did not recommend
the approval of this petition due to the precedent that would be created and the destruction
of the basic purpose of zoning. This petition'was withdrawn by Counsel.
Wrecker Ordinance - First Reading '
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the first reading of the Wrecker Ordinance be heard:
AN ORDINANCE TO PROVIDE FOR THE LICENSING
AND REGULATION OF WRECKER AND TOWING SERVICES '
OPERATED IN FREDERICK COUNTY, VIRGINIA.
The above resolution was passed.
County Attorney - Opinion Requested from Attorney General
The Executive Secretary stated that an opinion had been requested from the Attorney
General which will settle the matter. And the Board will be informed as soon as an answer is
received.
c
121
Trailer Ordinance Amendment - First Read
In a discussion of the trailer amendment, Raymond Sandy asked who enforced the
trailer ordinance and the Executive Secretary stated that it was the job of the Health Depart-
ment. Mr. Rosenberger stated that he would like a hardship clause put into the ordinance to
' help the young couples just getting started who cannot always meet the health requirements
on.the number of feet required. 'After further discussion it was decided to keep the ordinance
as it read.
Upon motion made by Robert Russell and seconded by Raymond Sandy,'
BE IT RESOLVED, That.the first reading of the Trailer Ordinance be heard:
AN ORDINANCE TO AMEND AN ORDINANCE PASSED MARCH 8, 1971,
TO REGULATE THE LOCATION, CONSTRUCTION AND OPERATION OF
TRAILER CAMPS IN FREDERICK COUNTY, VIRGINIA, FOR THE
PURPOSE OF PROMOTING HEALTH, SAFETY, MORALS AND GENERAL
WELFARE, AND PROVIDING FOR THE TAXING OF SINGLE TRAILER
LOT SPACES, TRAILER CAMP LOT SPACES AND TEMPORARY TRAILER
LOT SPACES, AND INSPECTION AND PENALTY FOR VIOLATION OF
SAME.,
The above resolution was passed.
Insurance for Retired Personnel - Resolution Passed
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED by the Frederick County Board of Supervisors, that it is the desire
of said Board to provide Hospitalization Insurance for those County employees and elected
officials who retire from the public service of Frederick County.
' BE IT FURTHER RESOLVED, That this benefit apply only to those employees who have
had twenty (20) years of continuous service to Frederick County.
BE IT FURTHER RESOLVED, That the policy established by this resolution shall become
effective with those employees retiring after the first day of December, 1971.
The above resolution was passed.
Budget Amendment - Salary foi Dog Warden
The Executive Secretary stated that in computing a ten percent salary increase for
the Dog Warden, that an incorrect figure was used for 1970 -71 thus not granting the ten per-
cent increase.
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That $550 be transferred from the estimated balance for 1971 -72
to account #112 (Compensation of Dog Warden).
' The above resolution was passed.
Drug Program - $500 Granted for Drug Abuse Program
The Executive Secretary requested the funding'of $500 for drug abuse program.
This matter was considered at an earlier meeting but tabled.
Upon motion made by Raymond Sandy and seconded by Donald Baughman,
BE IT RESOLVED, That the Board does approve the funding of $500 for drug abuse
program.
The above resolution was passed.
Additional Help for Voter Registrar - Approved
The Executive Secretary stated that in order to relocate voters in their proper
precinct and district the Registrar had requested the following additional help:
122
1. Field Worker - To check addresses and resident location. $2.00 per
hour and
$.09 per mile.
2. Office Worker - To help get names in alphabetical order. $1.60 to
$1.70 per hour.
Funding authorized by section of the Code of Virginia.
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board approve $400 for additional help for the
Registrar.
'
The above resolution was passed.
Letter to Mr. Gaston of State Air Pollution Control Board
As directed by the Board a letter has been sent to Mr. Gaston requesting
status of
Anti - Pollution Program at the Frey Quarry and also inviting him to meet with the
Board.
'
TREASURER'S REPORT - DELINQUENT TAX LIST - APPROVED
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Board does accept the report of Harry McCann,
Treasurer,
in that for the year 1970 -71 that the following taxes are declared delinquent:
Delinquent personal property $19,397.09
Delinquent Real Estate $42,189.86
The above resolution was passed by all.
DEPARTMENTAL REPORTS
Upon motion duly made and seconded, the reports of Esten 0. Rudolph, Commissioner
of Revenue; Harold Whitacre, Dog Warden and H. C. Christianson were read and approved.
M. M. ADAMS - SHEEP KILL - PAID
Payment was authorized in the amount of $67.50 (1� of assessed value of $135.00) to '
M. M. Adams for three (3) ewes and three (3) lambs killed by two (2) dogs on July 7, 1971.
RESOLUTION OF THANKS TO HARRY KERN, JR. - GIFT OF 150 LAW BOOKS
Upon motion made by Robert Russell and seconded by Thomas Brumback,
BE IT RESOLVED, That the Frederick County Board of Supervisors in behalf of the
people of Frederick County do accept the gift of 150 volumes of "Corpus Juris Secundum" from
Harry Kern, Jr.
BE IT FURTHER RESOLVED, That these volumes be placed in the Frederick County
Courthouse for the use of the legal system of this County.
BE IT FURTHER RESOLVED, That the Board of Supervisors would like to express their
sincere thanks and gratitude to Mr. Kerns in this most generous gift to the County of
Frederick.
The above resolution was passed.
HIGHWAY DEPARTMENT - SECONDARY SYSTEM BUDGET - APPROVED '
Upon motion made by Donald Baughman and seconded by Robert Russell, the following
resolution was read and approved.
BE IT RESOLVED, That the Board of Supervisors of Frederick County hereby accepts
and approves the 1971 -72 Secondary System Maintenance, Maintenance Replacement and Con- '
struction Budget for the Highway Department for Frederick County.
The above resolution was passed.
TEETS- MILLER LAND -LOTS - APPROVED
Mr. Bass presented the final plat of the Teets - Miller Land -Lots for the Board's
approval.
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
123
A -
BE IT RESOLVED, That the Teets - Miller Land -Lots, Section 3 containing 2.87 acres
located in Stonewall District of Frederick County be approved subject to qDproval by the High-
way Department.
The above resolution was approved.
LAKE HOLIDAY PLATS OF SECS. 3A AND 4A - APPROVED
' Mr. C. E. Bass, Subdivision Administrator, said he had spent eight hours on the
property and the lots meet requirements of the subdivision ordinance, and the lots have
Health Department approval.
Harold Moss, President of Lake Holiday Estates, explained to the Board that they
' were proceeding with the master plans for the water and sewer system which has State Water
Control Board approval. He stated that this has been a big job and that plans were proceed-
ing on schedule with six miles of roads already in and dam construction now in process.
Robert Russell questioned Mr. Moss closely on the progress of the water and sewer
system and said that he would have preferred to see work begun on the utilities first since
some sections in the subdivision had already been opened.
The Executive Secretary asked Mr. Moss if he had received solid approval on water
and sewer, and Mr. Moss replied that he had and that bond-had been posted. He further stated
that their negotiations for long term loans would assure funds for facilities for Secs. 1 and
2 this fall.
After further questions from Mr. Russell and some discussion the following re-
solution was passed.
II
Upon motion made
by
Thomas Brumback and seconded by Robert
Russell,
V BE IT RESOLVED,
That
the Lake Holiday Estates, Section 3 -A,
Country Club Heights
and Section 4 -A, Northwood Hills, containing 353 lots be approved subject to installation of
central water and sewer.
The above resolution was passed with Thomas Rosenberger, Thoma's Brumback.and Robert
Russell voting for the resolution and Donald Baughman and Raymond Sandy voting against the
resolution.
SHAWNEELAND PLATS APPROVED
Upon motion made by Raymond Sandy and seconded by Donald Baughman,
BE IT RESOLVED, That the Board does approve Section 32, Plats 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12 and 13 of Shawneeland.
The above resolution was passed.
BRADDOCK HILLS ESTATES, SECTION 2 - APPROVED
Upon motion made by Thomas Brumback and seconded by Donald Baughman,
BE IT RESOLVED, That the Braddock Hills Estates plat, Section 2 located in
Gainesboro District, Frederick County be approved.
The above resolution was passed.
FOUR REZONING PETITIONS - APPROVED
' Paul B. Brice and Jewel H. Brice Rezoning Petition - Approved
The Planning Commission had recommended approval for the height variance and
stories variance, but had not recommended for approval the side yard variance.
George Snarr, counsel for the petitioners, withdrew the request for side yard
variance and stated that the design of the building could be changed to fit the requirements
of the zoning ordinance. The height of the apartment building is 60 feet and a variance of
eight (8) feet was requested to include enclosures for an elevator, air filter and staircases.
The 70 -unit apartment house will include 35 efficiencies, 25 one - bedroom apartments, and 10
two- bedroom apartments.
124
Recreation facilities for the complex was discussed with Counsel stating that 80% of
the roof will be for recreation and since the building was not designed for large families tha
no more room would be needed.
Upon motion made by Thomas Brumback and seconded by Donald Baughman,
BE IT RESOLVED, That the Board accept the recommendation of the Planning Commission
with modification in height and does approve the rezoning of a parcel of land containing 1.82 '
acres, located at Kernstown, and principally in Back Creek Magisterial District, Frederick
County, Virginia, fronting on the West Side of U. S. Highway No. 11 and contiguous on the
North with the Southern boundary line of the City limits of Winchester, Virginia, from
Business General B -2 to Residential General R -2. '
The above resolution was passed.
Phillips Petroleum Company Rezoning Petition - Approved
The rezoning request allowing for the construction of a motel and restaurant was
discussed.
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board accept the recommendation of the Planning Commission
and does approve the rezoning of 18.51 acres located at the Northeast corner. of the Inter-
section of U. S. Interstate No. 81 and Virginia Route 627 from Agriculture - 2 to Business
General B - 2.
The above resolution was passed.
Reproco Inc and Phillips Petroleum Company Petition - Approved
The rezoning request allowing for the construction of a service station was heard. '
Upon motion made by Thomas Brumback and.seconded by Raymond Sandy,
BE IT RESOLVED, That the Board accept the recommendation of the Planning Commission
and does approve the rezoning of 1.453 acres located at the Northeast corner of the inter-
section of U. S. Interstate No. 81 and Virginia Route No. 627 from Agriculture - 2 to
Business - 2.
The above resolution was passed.
Western Union Realty Corp. and Monte Vista Assoc. Petition - Approved
There was some discussion on the petition by Western Union Realty Co. to rezone
approximately 29 of land next to its recently completed Middletown computer center,
which would provide for the construction of still another plant on the site located on the
eastern side of U. S. Route 11 south of Middletown. The new plant would provide approximately
300 new jobs.
George Smith, administrator for the Belle Grove historical site owned by the '
National Trust for Historic Preservation, stated that the organization is interested in the
orderly development of the area and asked the Board for a plan to preserve the historic Cedar
Creek battlefield and Belle Grove sites.
Upon motion made by Raymond Sandy and seconded by Donald Baughman, '
BE IT RESOLVED, That the Board accept the recommendation of the Planning Commission
and does approve the rezoning of 29.0268 acres of land bounded on the North by property of
Western Union, on the West by U. S. Highway No. 11, and on the East by U. S. Interstate No.
81, and on the South by land of B. E. McDaniel and Bly from Agricultural - 2 to Industrial
General M - 2.
The above resolution was passed.
125
BELLE GROVE AREA DEVELOPMENT PLAN - RESOLUTION APPROVED
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That a comprehensive plan be developed by the Planning Commission
for the remainder of the properties surrounding Belle Grove.
The above resolution was passed.
LANDFILL ORDINANCE AMENDMENT - PASSED
Mr. Rosenberger asked if there would be any discussion on this ordinance. The
ordinance will repeal the rates in an ordinance passed September 8, 1969 and will give the
Board the power to set new rates based on weight.
' Several representatives of area trash haulers appeared before the Board to discuss
the rates. Marshall Williams stated that he did not want the old rates to continue until
the end of the month because he did not want to pay $5.00 for his packer, and stated that
the Board was discriminating against him because they wouldn't let him pay half of the fee
until September 1st.
Mr. Rosenberger stated that they were so close to correcting the situation that it
seemed that Mr. Williams could put up with the old rates for 16 more days.
Upon motion made by Thomas Brumback and seconded by Donald Baughman,
BE IT RESOLVED, the Board of Supervisors does amend the present ordinance,
AN ORDINANCE TO AMEND AN ORDINANCE PASSED SEPTEMBER 8, 1969,
SPECIFYING AND REGULATING THE USE OF THE FREDERICK COUNTY -
WINCHESTER LANDFILL GARBAGE DUMP AND ESTABLISHING PROCEDURES,
' RATES, AND FEES FOR THE USE THEREOF BY FIRMS, BUSINESSES, AND
CORPORATIONS LOCATED WITHIN THE COUNTY OF FREDERICK AND CITY
OF WINCHESTER, VIRGINIA. .
BE IT ORDAINED by the Board of Supervisors of Frederick County, Virginia, that:
Section l: That Section 6 of said referenced Ordinance be amended to read
as follows:
"Firms, businesses, and corporations located within the County of Frederick
or the City of Winchester shall be permitted the use of the Frecerick County -
Winchester Landfill on a rate scale to be established by the Board of Supervisors
by General Resolution in a regular meeting of said Board. This rate scale shall
be reviewed regularly by the Board of Supervisors to insure an economically sound
operation of the facilities, but also to insure a just and equitable rate."
Section 2: In event that any section, clause, or requirement of this ordinance
' be proven invalid, such invalidation shall not affect the remainder of this ordinance
Section 3: This ordinance shall be in full force upon passage by the Board
of Supervisors of Frederick County, Virginia.
The above ordinance was passed.
' PRESENT LANDFILL RATE TO BE RETAINED UNTIL SEPTEMBER 1, 1971
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board does approve to retain the present rates now in
effect until September 1, 1971.
The above resolution was passed.
The Executive Secretary read the rates stating that the rate would be $2.00 per
ton. He further stated that the State average was$3.00 per ton and Prince George County had
a rate of $2.50 per ton.
126
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Board does approve a rate of $2.00 per ton for use of the
landfill to go into effect September 1, 1971, and to remain in effect for a 60 day period to
enable the Board to determine the cost factors involved in operating the landfill.
The above resolution was passed.
EMMART AND ADAMS - SEWER SERVICE '
Mr. Joseph White, Counsel for Emmart and Adams, appeared before the Board in a
request from the State Corporation Commission to find out if the Board had any opinion and to
pass a resolution expressing that opinion.
Mr. Rosenberger stated that this is not a matter for the Board to act on. Mr. ,
Baughman stated that they had been under pressure to make a decision and in this situation he
had no opinion.
Upon motion by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board of Supervisors has no opinion in this matter.
The above resolution was passed.
GREEN ACRES PETITION FOR STREET LIGHTING
Janice and James Webber presented a petition to the Board requesting street lighting
in Green Acres Subdivision.
We the undersigned residents and property owners of Green Acres Subdivision,
Frederick County, Virginia, respectfully request that the Board of Supervisors install and
maintain proper street lighting in said subdivision. This petition has been brought about by
the continuous problems that the residents of this area are having with prowlers and other
undesirable circumstances. '
In making this request, we the petitioners agree to forego the cost of the operation
and maintenance of this system on a prorated special assessment basis.
We the taxpayers of Frederick County feel that it is the responsibility of our
County Government to furnish services of this nature for the protection and well -being of its
citizens.
The above petition was signed by sixty -five residents of Green Acres.
There are 94 property owners with 65 appearing on the petition. Mrs. Webber stated
that a prowler had recently been found in their home and the lack of lighting was making the
subdivision increasingly dangerous.
Mr. Lee Martin of Potomac Edison Company stated that the County could be billed on
a monthly basis and they in turn could assess
the property owners.
Mr. Brumback asked Mr. Martin if he
could have a cost survey
on the Green Acres
,
project by Next month. And Mr. Martin replied
that they could.
The Executive Secretary stated that
the first reading of the
lighting ordinance
could be read by title at this meeting. The
Board members agreed that
the residents of Green
Acres should be notified of the cost involved
and a public hearing set
for the October meeting.
Upon motion made by Donald Baughman
and seconded by Thomas Brumback,
'
BE IT RESOLVED, That the Board hear
the first reading of the
following ordinance.
AN ORDINANCE TO PROVIDE FOR SUITABLE
LIGHTING ON THE STREETS AND
HIGHWAYS IN THE VILLAGES, TOWNS, AND BUILT -UP PORTIONS OF FREDERICK
COUNTY, VIRGINIA
The above resolution was passed.
11 1
127
GARBER PETITION - REFERRED TO PLANNING COMMISSION
Upon motion made by Robert Russell and seconded by Donald Baughman,
BE IT RESOLVED, That the Board of Supervisors does refer to the Planning Commission
the application of 0. Lee Garber., et al, trustees of Charles E. and Nora L. Garger Trust; to
rezone a certain tract of land containing 19.265 acres,.situate.in Shawnee Magisterial
District on the East side of U. S. Route 522, from Business B -2 to Residential R -2.
The above resolution was passed.
DON KRUEGER - NAMED SECRETARY OF PLANNING COMMISSION
Upon motion made by Donald Baughman and seconded by Robert Russell,
__ BE IT RESOLVED, That Don E. Krueger be nominated for the position of Secretary to
the Planning Commission and this recommendation be referred to the Planning Commission for
their action.
The above resolution was passed.
DOG DIARDEN .= APPOINTMENT
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That Harold Whitacre be hereby appointed Dog Warden for Frederick
County, Virginia, for a term starting July 1, 1971 and expiring June 30, 1972.
The above resolution was passed.
RESOLUTION PASSED - TO SUBMIT ACTION GRANT APPLICATION FOR LAW LIBRARY
Upon motion by Raymond Sandy and seconded by Thomas Brumback,
BE IT RESOLVED, That the Executive Secretary be authorized to submit an action grant
application in the amount of $10,010 to the Division of Justice and Crime Prevention.
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
_k-
Sec V ary, Board of Supervisors
Chairman, Board of Supervisors
A
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia,
held in the Supervisors Room on the 13th day of September, 1971.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice- Chairman-
J. Robert Russell and Thomas B. Brumback.
ABSENT: Raymond C. Sandy.
The minutes of the Regular Meeting held on the 9th day of August, 1971 were read
and approved with the following revision:
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the minutes be amended to read as follows:
That the Board will meet in general session at 7:30 P.M. September 27th to consider
and adopt new rates for the Landfill to be effective with the September billing.
This action is being taken in order to establish use and cost factors for the
operation of the Landfill.
The above resolution was passed.
ACCOUNTS PAYABLE
Accounts totaling $53,131.09 were read and approved and ordered to be paid from the
General County Fund by Warrants #8206 through #8303 inclusive. Accounts totaling $807.94
read and approved and ordered to be paid from the Dog Fund by Warrants #533 through #545
inclusive.
4
a
128
The Executive Secretary noted that the contributions to the County Fire Departments
were being made.
Donald Baughman stated that he thought Shawnee Fire Department should be included
,,because they still answered calls in the County.
No action was taken.
NATIONAL ASSOCIATION OF COUNTIES ,
Upon motion made by Robert Russell and seconded by Donald Baughman,
BE IT RESOLVED, That Frederick County become a member of the National Association of
Counties and that $113 in dues be approved for payment.
The above resolution was passed. ,
CRIMINAL JUSTICE COUNCIL - THREE NOMINATIONS MADE
The Executive Secretary stated that three nominations were needed for the Criminal
Justice Council which is a part of the Lord Fairfax Planning District Commission. The purpose
of the Council is to develop and administer criminal justice development programs.
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does place in
nomination the following names and /or positions: Frederick County Sheriff, Commonwealth's
Attorney and John F. McIntire.
The above resolution was passed.
WRECKER ORDINANCE - TABLED - INFORMAL HEARING SET
At this time the Chairman requested that the meeting move on to item four of the
Executive Secretary's Report concerning the Wrecker Ordinance since several people were
present who wanted to discuss the ordinance which would regulate the area's wrecker services ,
through use of a licensing fee.
A delegation of area wrecker services lead by Delbert Frye presented the Board with
a list of 14 names - 7 from the City and 7 from the County - who were against the wrecker
ordinance.
Mr. Frye stated that he did not think the Board could impose a licensing fee since
he had bought a Virginia license for $25, and that it would be unconstitutional to impose
another fee.
The Executive Secretary stated that the County does have the right to impose another
license and the wrecker calls are on file for their inspection.
Mr. Rosenberger stated that the Board's main interest is to solve the problem and
have a meeting where all representatives are present.
Mr. Baughman recommended that instead of having the second reading of the ordinance '
as scheduled - that the ordinance could be tabled and a meeting could be called anytime.
Upon motion of Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the Wrecker Ordinance be tabled and an informal hearing be set
for September 27th at 7:30 P.M. for further study of the ordinance. '
The above resolution was passed.
EXECUTIVE SECRETARY'S REPORT
Lakeside Estates - Street Name Changed
As requested by the Board the name of Stanley Drive has been changed to Stanley Road.
Planning Commission - Appointed Members
Upon motion by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board reappoint Roger Alderman and David Headly to another
three year tem beginning November 1, 1971, on the Lord Fairfax Planning District Commission.
129
The above resolution was passed.
The Board requested the Executive Secretary to send Mr. Headley a letter of
appreciation for his past service to the Commission.
Street Lighting - Cost Report
Based on an engineering proposal submitted by the Power Company as requested by the
Board, the cost per lot in Green Acres (based on 141 lots) will be $.65 per month. The
Executive Secretary stated that the entire system would be self- supporting.
The Board recommended that a letter be sent to each property owner in Green Acres
and ask for a committment on the proposal. The wishes of two - thirds of the lot owners will
' determine approval of the project.
Second Reading of Ordinance
Street Lighting Ordinance
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the second reading of the Street Lighting Ordinance be heard:
AN ORDINANCE TO PROVIDE FOR SUITABLE LIGHTING ON THE STREETS
AND HIGHWAYS IN THE VILLAGES, TOWNS, AND BUILT -UP PORTIONS
OF FREDERICK COUNTY, VIRGINIA.
The above resolution was passed.
Trailer Amendment Ordinance
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the second reading of the Trailer Amendment Ordinance be heard:
' AN ORDINANCE TO AMEND AN ORDINANCE PASSED MARCH B, 1971,
TO REGULATED THE LOCATION, CONSTRUCTION AND OPERATION OF
TRAILER CAMPS IN FREDERICK COUNTY, VIRGINIA, FOR THE
PURPOSE OF PROMOTING HEALTH, SAFETY, MORALS AND GENERAL
WELFARE, AND PROVIDING FOR THE TAXING OF SINGLE TRAILER
LOT SPACES, TRAILER CAMP LOT SPACES AND TEMPORARY TRAILER
LOT SPACES, AND INSPECTION AND PENALTY FOR VIOLATION OF
SAME.
The Chairman requested a recorded vote.
Supervisors Baughman, Brumback and Russell voted for and Supervisors Rosenberger
voted against.
The above resolution was passed.
Ed Duncan has requested the Board to consider a resolution supporting a comprehensi
regional plan for solid waste disposal and resource recovery.
The Lord Fairfax Planning District Commission plans to'apply for a grant to conduct
a survey and prepare a comprehensive regional plan for "Solid Waste Disposal and Resource
Recovery"
Upon motion made by Thomas Brumback and seconded by Robert Russell,
Storage of Voting Machines
'
At the present time the
voting
machines are stored a Armel School, but the
Insurance Companies do not want to
cover
the contents. The premium at this location is over
$600 while at a more acceptable location
it would be around $200. The Education Department
says they have no other locations
that could
be used, to store the machines in a commercial
warehouse will run $30 per month.
(After
further consultation the Department of Education has
'
found additional storage space.)
Solid Waste Disposal Resolution
Ed Duncan has requested the Board to consider a resolution supporting a comprehensi
regional plan for solid waste disposal and resource recovery.
The Lord Fairfax Planning District Commission plans to'apply for a grant to conduct
a survey and prepare a comprehensive regional plan for "Solid Waste Disposal and Resource
Recovery"
Upon motion made by Thomas Brumback and seconded by Robert Russell,
130
BE IT RESOLVED, That the following resolution be approved.
WHEREAS, the Lord,Fairfax Planning District Commission is submitting an application
for a planning grant to the Environmental Protection Agency for the purpose of conducting a
survey and preparing a comprehensive regional plan for "Solid Waste Disposal and Resource
Recovery."
WHEREAS, in order for the Commission to prepare this application and become eligiblel
for this planning grant there are certain EPA requirements that must be met on the part of
each participating governmental jurisdiction
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of County of Frederick
designated the Lord Fairfax Planning District Commission as the "sole designated agency" for
solid waste planning for the planning district, and
FURTHER, the County of Frederick makes a commitment to abandon open burning and
open dumping practices upon implementation of the proposed planning program, and
FURTHER, the County of Frederick makes a commitment for implementing the plan by
cooperation in the planning process with operating agencies.
The Board of Supervisors of the County of Frederick endorses the application for a
planning grant and the regional need for this project.
( Reapportionment - Approved by U. S. Attorney General
In accordance with Section 5 of the Voting Rights Act we submitted our reapport
plan to the U. S. Department of Justice and the Assistant Attorney General has informed us as
of Septmber 8, 1971, that the U. S. Attorney General.has no objections.
County - City Landfill Agreement
The agreement is being drafted at this time.
RIGHT OF WAY - OFF OLD ROUTE 50 WEST ON RIGHT - DISCUSSED
Larry Ambrogi stated that the citizens living along a 2/10 mile right -of -way off the
right of old Route 50 West had requested that he appear before the Board in their behalf.
One of the persons living along the right -of -way was digging a trench across the
road and the other persons along the road wanted the County to make it a State maintained
road. There are 15 to 20 families involved. Mr. Ambrogi stated that the road had been kept
in good repair.
Mr. Crowder, of the Highway Department, stated that -if determined to be a
subdivision then it must come before the Board and Mr. Bass would execute a deed to the Board.
The Board stated that there was nothing they could do.
Mr. Ambrogi stated the people just wanted it brought to the Board's attention.
SHAWNEELAND - ENON SPRINGS PLATS - APPROVED
Upon motion made by Robert Russell and seconded by Donald Baughman,
BE IT RESOLVED, That the following plats of Marjec, Inc. for Enon Springs, Shawnee
be approved upon the recommendation of the subdivision administrator: Section 20, Plats 3 and
4; Section 32, Plats 14, 15, 16 and 17; Section 23, Plats 22, 23, 24, 25, 26, 27, 28, and 29.
The above resolution was passed.
COUNTY LANDFILL - BRIDGE TO BE REPAIRED
The Executive Secretary stated that the bridge at the landfill was in need of repair
Mr. King stated that it would cost about $400 to repair the floor of the bridge. The
Executive Secretary stated that he would check with Mr. Christianson to see which was the
slowest day at the landfill in order that the landfill could be closed for repair of the
bridge.
I3
Upon motion made by Thomas Brumback and seconded by Robert Russell,
131
BE IT RESOLVED, That authority is hereby granted for the County to enter into a
contract with the Department of Highways for the maintenance and repair of the bridge at the
Sanitary Landfill,
BE IT FURTHER RESOLVED, That this contract is based on actual costs of materials
and labor plus ten percent (10 %) administrative overhead,
BE IT FURTHER RESOLVED, That the County desires this contract due to untimely
availability of material and supplies from the private sector.
The above resolution was passed.
ROAD SERVING STEPHENS CITY HEADQUARTERS OF DEPARTMENT OF HIGHWAY - APPROVED
' Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the road serving the Stephens City Headquarters of the
Department of Highway. From Route 277 to ..10 Mile North, a distance of .10 Mile, be added
to the Secondary Highway System pursuant to section 33.1 - 229 of the code of Virginia of '1950
as amended.
A 50 foot right of way is guaranteed, this right of way is recorded in the clerks
office of Frederick County in Deed Book 317 Page 32 dated December 3, 1965.
The above resolution was passed.
DEPARTMENTAL REPORTS
Upon motion duly made and seconded, the reports of Esten O. Rudolph, Commissioner
of Revenue, Harold Whitacre, Dog Warden, and H. C. Christianson were read and approved.
In his report Mr. Christianson stated that in the first four days of September 430
tons (726,730 lbs.) was weighed in on the scales of the County Landfill.
I PLANNING COMMISSION REFERRALS
Application for Rezoning Land of James R. Wilkins, Inc. from R -1 to R -2
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the application of James R. Wilkins, Inc, to rezone the plots
of land known as 1, 2, 3, 4 and 5 on the Brookland Heights plat dated May 3, 1971, by Richard
U. Goode, be rezoned from R -1 residential to R -2 multi - family be referred to the Planning
Commission.
The above resolution was passed.
Application for Rezoning 90 Acres of Land Owned by Clearbrook Woolen Company, Inc.: 35 Acres
to M -1 and 55 Acres from A -1 to A -2
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the application of Clearbrook Woolen Company, Inc. to rezone
' the portion of property (containing about 35 Acres) lying North of the Brucetown Road be
rezoned M -1 and to rezone the 55 Acre- tract lying South of the Brucetown Road and adjacent
I to Route 11 be rezoned from A -1 to A -2 be teferred to the Planning Commission.
The above resolution was passed.
Application for Rezoning Land of Hunter M. Stine from B -2 and M -2 to R -1
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the application of the Hunter M. Stine Estate for the rezoning
of a portion of land located North of the City of Winchester on the East and West sides of
U.S. Route 11 form B -2 and M -2 to R -1 be referred to the Planning Commission.
The above resolution was passed.
PETITION OF CLEARBROOK AREA RESIDENTS - POLLUTION OF LITTLER'
Mr. E. O. Rudolph, Jr. submitted a petition from 101 residents of the Clearbrook-
Stephenson area to the Board to draw up an ordinance to prohibit any substance in Littler's
Creek, (what is known as Hott Run), that would tend to discolor or pollute the water to the
132
degree that it would kill fish or be unable to be consumed by livestock.
Mr. Rudolph stated that all adjacent property owners on each side of the stream had
signed except W. S. Frey.
After a short discussion the Board agreed to take the petition under consideration
and refer copies to the Sanitation Authority, Industrial Development Authority and the Plannir
Commission.
FARMERS HOME ADMINISTRATION - REPORT - DAVID HEADLEY
Mr. David Headley of Farmers Home Administration presented the Board with a thorough
report stating that the FHA had approved a total of 55 housing loans during the fiscal year
1971 averaging $14,700. These loans were made to persons who were not qualified for bank
credit He further stated that out of 150 loans only three were delinquent and only one
foreclosure had been made in his 13 years with FHA. Of the 55 housing loans, 27 were new
houses, two were dwelling - small repairs, and 5 were interest credit loans.
Mr. Headley stated that his FHA Office serves four counties: Frederick, Warren,
Clarke and Loudoun. Of the 300 new homes that were built in Frederick County last year - 25
were FHA financed. This year's action has brought $800,000 new money into the County. There
are also sewer and water funds available.
RECREATION COMMISSION - DAVID HEADLEY
Mr. David Headley, Chairman of the Frederick County Recreation Commission, stated
that if the County is serious in going into the reacreation business then they should hire a
full -time person to administer the program. The job -Would not get done-on a volunteer basis.
Mr. Headley stated that Dr. Wright had offered the services of his Physical Education staff
to help in the recreation program. He further noted that there was good leadership available
in Frederick County to assist with the program.
The Board after further discussion agreed to authorize the Commission to investigate
the possibility of employing a Recreation Admisistrator.
Mr. Rosenberger stated that the Board could not appoint an administrator now since
a new Board would be in by the -first of the year.
REGIONAL WASTE DISPOSAL STUDY - RESOLUTION ADOPTED
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Board adopt the following resolution:
WHEREAS, the Lord Fairfax Planning District Commission is submitting an application
for a planning grant to the Environmental Protection Agency for the purpose of conducting a
survey and preparing a comprehensive regional plan for "Solid Waste Disposal and Resource
Recovery"
WHEREAS, in order for the Commission to prepare this application and become elegible
for this planning grant there are certain EPA requirements that must be met on the part of
each participating governmental jurisdiction
NOW, THEREFORE BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick designated the Lord Fairfax Planning District Commission as the "sole designated
agency" for solid;(i waste planning for the Planning District, and
FURTHER, the County of Frederick makes a commitment to abandon open burning and,open
dumping practices.at disposal facilities upon implementation of the proposed planning program,
and
FURTHER, thb County of Frederick makes a commitment for implementing the plan by
cooperation in the planning process with operating agencies.
The Board of Supervisors of the County of Frederick of Virginialandorses the
application for a planning grant and the regional need for this project.
133
The above resolution was passed.
WILLIAM SANDY - INDUSTRIAL DEVELOPMENT AUTHORITY - REAPPOINTED
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That William E. Sandy be reappointed to a four year term on the
Industrial Development Authority.
I The above resolution was passed.
PUBLIC HEARINGS SET - TRAILER. LIGHTING- and GARBER - 10 /1
':The following public hearings will be held at the October 11, 1971 meeting:
2:30 P.M. - Trailer Ordinance
' 3:00 P.M. Street Lighting Ordinance
4:00 P.M.. Garber Petition - Route 522 - B -2 to R -2
ZONING STUDIES - APPROVED
Mr. Rosenberger asked if the new zoning maps could be completed by the end of
November. The Executive Secretary replied that they could.
Upon motion of Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Board does authorize the Executive Secretary and the
Planning Commission to procede with the drafting of a new zoning ordinance.
The above resolution was passed.
Mr. Rosenberger noted that the Board Room needed to have some repair work since it
appeared that the roof was leaking. The Executive Secretary will look into this.
T.0.. 'BA- L1,ENGER -7.- CHICKEN PAID -
Payment was authorized in the amount of $3.75 to Mr. T. O. Ballenger for three (3)
' chickens._bi.l-ls. b_ r___a _stray__dog,on - August 18, 1971.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN
Feret�argy
Board of Supervisors Chairman, Board of Supervisors
At the Regular Night Meeting of the Board of Supervisors of Frederick County,
Virginia, held in the Supervisors Room on the 27th day of September 1971.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice Chairman;
J. Robert Russell, Thomas B. Brumback and Raymond C. Sandy.
At 7:30 Chairman Thomas B. Rosenberger called the meeting to order.
INFORMAL HEARING - WRECKER ORDINANCE - ELIMINATED
The Chairman requested opinions on the proposed Wrecker Ordinance.
' James Robertson, representing members of the Greater Winchester Gasoline Retailers
Association, stated that they were opposed to the proposed wrecker ordinance and the fee of
$35 for city operators and $25 for county operators. He also said that the members of VGRA
want the ordinance dropped.
The Executive Secretary told Mr. Robertson'that the ordinance was drawn on the
' urgence of his organization.
Mr. Robertson replied that they had asked for an ordinance to rotate service calls
to the wreckers instead of calling only one or two wreckers all the time.
The Executive Secretary stated that the Board has tried to maintain a neutral
standing.
Mr. Robertson stated that the State would take care of the situation in the near
future with an ordinance. The only problem is that the Sheriff does not distribute the calls.
Delbert Frye, an operator who opened his business two years ago, stated that he had
134
received his share of the County wrecker calls. Mr. Frye may be to blame in this problem by
not having the equipment to take the calls. Mr. Frye stated that the whole thing came out of
a disagreement with two people. Mr. Frye stated that he was not a member of GWGRA and how
could they represent the wreckers when they are a gasoline association.
Other wrecker members stated they were present because they did not want an
additional tax.
There was also discussion on unclaimed cars hauled in by wrecker services and left
on service station lots for excessive periods of time. Robertson stated that according to
State law they are required to hold the cars for 45 days or until they are claimed by owners.
He also said people abandon the cars after taking all the identification. After further
discussion the following motion was made.
Upon motion made by Thomas B. Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Board eliminate the Wrecker Ordinance.
The above resolution was.passed.
LANDFILL RATE SET AT $1.60 /TON
The Executive Secretary presented the following breakdown of costs at the County
Landfill:
9/1 - 9/4 726,730#
9/7 - 9/11 991,832#
9/13 - 9/18 1,436,445#
9/20 - 9/25 1,308,810
4,463,817# Collected (dumped) for 21 days or
212,563# Daily average
There are 25.5 dumping days /month average.
212,5634/day + 2,0004/ton = 106.28 tons /day
106.28 tons /day x 25.5 days /month = 2,710.14 tons /month
$4,371.66 = monthly operating cost
$4,371.66 + 2,710.14 ton = $1.6130 /ton,
The above report was based on weight as measured by the scales which went in
operation the 1st of Septmber.
Mr. James Wilson, a local hauler, asked the Board how much longer the present
contract at the Landfill had to run. The Executive Secretary replied that the present
contract had one more year to operate.
Mr. Wilson questioned the Board as to how he would absorb the price increase since
there was a price freeze. He further stated that he had talked to the industrial firms for
which he hauls and they had said they could not accept a price increase.
Mr. Alderman explained that the price freeze would be over November 15th so there
would be two billings before that time,. And that this was a change of systems and not cost.
There followed a discussion on the classification of weights with the Executive
Secretary explaining that some counties had two landfills - one for liquid and one for solids.
Mr. Baughman stated that they could not set two rates.
Mr. James Robeson of O'Sullivan Rubber Corporation stated that the system was
untimely right now and asked the Board to hold off.
Mr. Baughman stated that the Board had withheld action for over a year. Mr.
Rosenberger asked the Board for a decision.
Upon motion made by Thomas Brumback and seconded by Donald Baughman,
BE IT RESOLVED, That the Board does set a rate of $1.60 /ton for use of the
135
Frederick County Landfill and hereby does rescind its action of August 9, 1971.
The above resolution was passed.
PAUL RINEHART, JR. - APPLICATION FOR OPERATION OF LANDFILL - TABLED
The executive Secretary presented to the Board the application of Paul Rinehart, Jr.
for a permit to operate a landfill. The application had been referred to the County by the
State. The Executive Secretary stated that most County governments prohibit private landfills
Mr. Baughman suggested they check the ordinance on private dumps.
After a short discussion it was decided that the application be tabled for further
study.
$40,000 GRANT ACEPTED WITH A $3,000 MATCHING FUND APPROVED
The Executive Secretary reported to the Board that a $40,000 grant presented to the
acceptance
County by the Federal government under the Emergency Employment Act needed the approved /o£
the Board along with a matching 10% of approximately $3,000 which can be in cash or in kind.
The Executive Secretary further explained that this funding is for a period of two years and
that personnel appointed can not:.b6'pblitica
Upon motion by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board does accept the grant of $40,000 under the Emergency
Employment Act and does approve a matching 10% of approximately $3,000 in cash or in kind.
The above resolution was passed.
BILL PRESENTED BY EUGENE GUNTER FOR EXPENSES RELATING TO COMMONWEALTH
ATTORNEY'S OFFICE - APPROVED FOR PAYMENT
Mr. Gunter stated that since his separation from the Board on May 10, 1971, that th
bills connected with the Commonwealth Attorney's Office had not been paid. Mr. Gunter stated
that the offices expenses amounted to $430.34 a month, this amount included the $75.00 a
month rent. So Mr. Gunter asked to be reimbursed $355.34 per month to cover expenses his
office has been absorbing.
The Executive Secretary stated that these items are budgeted. The Board members
stated that they had no objections to reimbursing Mr. Gunter.
Upon motion of Donald Baughman and seconded by Raymond
BE IT RESOLVED, That the Board approve payment of expenses of Mr. Eugene Gunter's
itemized statement...
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN
f
Se etar , Board of Supervisors Chairman, Board of Supervisors
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia,
held in the Supervisors Room on the 11th day of October, 1971.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice - Chairman;
J. Robert Russell, Thomas B. Brumback and Raymond C. Sandy.
The minutes of the Regular Meeting held on the 13th day of September, 1971 and the
Regular Night Meeting of the 27th day of Septmber, 1971 were read and approved.
ACCOUNTS PAYABLE
Accounts totaling $46,839.78 were read and approved and ordered to be paid from the
General County Fund by Warrants #8304 through #8419 inclusive. Accounts totaling $791.65 were
read and approved and ordered to be paid from the Dog Fund by Warrants #546 through #556
inclusive.
GENE GUNTER'S STATEMENT - APPROVED
In the discussion of Mr. Gunter's statement of expenses relating to the Commonwealth
136
Attorney's office, there was some question as to the supplementary salary of the secretary.
Mr. Baughman requested that the Board get clarification from Mr. Ambrogi as to whether his
secretary is spending full time on Commonwealth duties.
Upon motion of Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board does approve to pay Gene Gunter's statement as
rendered in the amount of $2,001.70. '
The above resolution was passed.
CLEARBROOK WOOLEN COMPANY, INC. POLLUTION PETITION - DISCUSSED
The Executive Secretary read the recommendation of the Planning Commission on the
pollution of Littler's Creek. In their report the Planning Commission suggested that the area '
be restricted to low pollutant type firms.
After a short discussion the Executive Secretary stated that proof of fact will be
asked for.
TREASURER RELIEVED OF PROOF OF $277.32 IN JURY WARRANTS BEING PAID
Mr. Harry McCann presented a list of jury warrants paid in the amount of $277.32
which an audit had revealed that no receipts were available. Mr. McCann stated the records
indicated that these warrants had been paid and he would like to be relieved of the
responsibility.
Upon motion of Raymond Sandy and seconded by Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does relieve Harry L. McCann of the
responsibility of $277.32 in jury warrants by the County and found on Book 36 pages 531
and 532.
The above resolution was passed. '
LOUDOUN COUNTY'S REQUEST DISCUSSED
The Executive Secretary stated that Loudoun County had requested his presence at a
meeting to discuss the form of County government similar to Frederick County. Several members
of the Board stated their interest in attending the meeting, also.
PURCHASE OF ADDRESSOGRAPH CARDS FOR USE AT LANDFILL - APPROVED
Upon motion of Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board does move to approve the purchase of addressograph
cards for use at the Landfill for the customers.
The above resolution was passed.
EXECUTIVE SECRETARY'S REPORT
Refuse Collection
The difference in the operation of a County
wide collection system
by the County
'
compared to contract operation would be around $5,000
per year and the same
comparison of
landfill operations would indicate around a $10,000 savings. Therefore, it
is recommended
that a detail comprehensive study be authorized for a
collection system and
County operation
of landfill. ,
Upon motion of Doanld Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board does authorize a detailed study of a County operated
collection system and County operated landfill facility.
The above resolution was passed.
( Report of Dr. N. T. Stephens - Air Pollution
The Executive Secretary presented Dr. N. T. Stephens' "Report of Field
Investigations at Clearbrook, Virginia" of September 9, 1971.
The Executive Secreatry read from item 6 page 8 of the report:
137
" What can the Board do ? It would appear that the State Regulatory Agency is the
only one empowered to act in this situation as far as enforcing the State Air Pollution
Control laws. I am not able to advise the Board of what legal steps it could take to improve
the Clearbrook situation. If it deemed it desireable, however, I recommend that as soon as
permitted by the State, the Board consider adopting county wide or local air pollution
ordinances to prevent problems in the future. Long range land use planning coupled with
control ordinances should prevent conflicts in the future."
The Executive Secretary recommended that two steps be taken.
(1) Send a resolution to the State Air Pollution Control Board urging them that
strong measures be taken.
(2) That a comprehensive study be made of all means of controlling and regulating
this type of problem.
Mr. Thomas Brumback stated that copies of the Board's recommendations should be sent
to the County's representatives.
Mr. Donald Baughman stressed the need for pollution tests on a County wide basis to
see how that compares with Frey Corporation.
Upon motion of Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors requests the State
Air Pollution Control Board take the following steps in regard to a serious pollution
problem occurring in the.Clearbrook area of Frederick County:
1. Improve testing procedures of pollution levels in the Clearbrook Area with
comparisons made with other areas of Frederick County.
2. Supply Frederick County with the current time table for W. S. Frey Company's
compliance with State Air Pollution Control Regulations.
3. Supply Frederick County with an analysis of the.efficiency of each step of the
control plan along with test results so indicating.
4. Immediate revisions of State regulations to comply with Federal law and the
application of these revised regulations to the Clearbrook situation.
BE IT FURTHER RESOLVED, That the Frederick County Board of Supervisors feel that
the Health and Welfare of the People of Frederick County are endangered and must be protected
and as their representatives the Board of Supervisors requests a complete review of this
situation and the taking of all possible actions to correct the problem.
BE IT FURTHER RESOLVED, That a copy of this resolution be sent to local and state
representatives of the General Assembly.
The above resolution was passed.
Zoning Ordinance
It is recommended that the County undertake an immediate revision of the zoning,
I
u
subdivision and other ordinances regulating the development of Frederick County. This study
can be undertaken within budget account 10 -010E -0299.
Upon motion of Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Board does approve study and revision of the entire
County zoning ordinance and planning process with strong emphasis on pollution control.
BE IT FURTHER RESOLVED, That the Executive Secretary is instructed to accomplish
this in line with budget account 10- 010E -0299.
The above resolution was passed.
Appointments - Lord Fairfax Planning Commission Committees
As requested by-the Planning Commission the following names were placed in
138
nomination for the committees indicated:
Public Services - C. Robert Solenberger, I. Fred Stine
Transportation - Thomas J. Sine, Jr., (name from Rosenberger)
Environmental & Land Use - Jim Douglas, Samuel A. Slaughter, Jr.
Special Projects - John F. Anderson, Sr., Dr. Ralph Braunschweig
Regulations Service - J. Patrick Russell, Keith Williams '
Purchase of two Additional Voting Machines - Approved
The Executive Secretary presented a request from William Fraula, Secretary of
Electoral Board, asking for two more voting machines on the lease - purchase plan. These two
machines are needed on a stand -by basis for breakdowns. '
The Executive Secretary explained that this would involve an expenditure of
approximately $400 to $500.
Upon motion of Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That.the Board does approve the lease - purchase of two (2)..additional
voting machines.
The above resolution was passed.
H. C. CHRISTIANSON - LANDFILL
Mr. H. C. Christianson, operator of
the County Landfill, stated there is a problem
of the container placed at the scales getting
filled up
and not being emptied, especially on
Saturday which is a busy day. The Executive
Secretary
stated he would check with Kwick Klean.
Mr. Raymond Sandy questioned Mr. Christianson
as to liquid being received at the
Landfill. Mr. Christianson stated they were
receiving
some liquid and, also, explosive
materials.
I
After some discussion the Executive
Secretary
stated that this type of problem
should be included in the study.
Mr. Christianson reported that 2,757 total tonage was taken into the Landfill in
September.
TEETS - MILLER LAND -LOTS - APPROVED
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Board does approve the Teets - Miller Land -Lots Plat, Section
4 containing 8.73 acres and located in Stonewall District, Frederick County, Virginia.
The above resolution was passed.
WILLIAMS LOTS - HITE MILL ROAD, RT. 625, 40' R/W - APPROVED
Upon motion made by Raymond Sandy and seconded by Robert Russell,
BE IT RESOLVED, That the Board subject to Mr. Bass's approval does approve the '
subdivision to be known as Williams Lots, Lots 1 - 5, situate along the East side of Hite Mill
Road, Virginia Secondary Highway No. 625, in Opequon Magisterial District, Frederick County,
Virginia.
The above resolution was passed.
GLENSIDE SUBDIVISION - TABLED ,
The Glenside Subdivision Plat was presented to the Board for approval. The Health
Department at this time had not approved the plat.
Mr. Baughman recommended the Board not to approve subdivision plats until they had
been approved and signed by everyone before they came before the Board.
No action was taken on the Glenside Subdivision.
SADIE E. MELVIN - FOWL KILL - PAID
Payment was authorized in the amount of $3.75 to Mrs. Sadie E. Melvin for three (3)
139
chickens and two (2) ducks killed by a stray dog on September 6
DOG SHELTER REPAIRS - APPROVED
1971.
The Dog Warden reported that repairs wre needed on the south side of the dog shelter
to keep out the snow this winter.
Upon motion made by Robert Russell and seconded by Donald Baughman,
BE IT RESOLVED, That the Board does approve that repairs (per bids) be made on the
roof of the runways of the dog kennel.
The above resolution was passed.
TRAILER AMENDMENT ORDINANCE - ADOPTED
i' .
Mr. Rosenberger asked if there would be any discussIdn on t1fis ordinance.
Mr. Frye stated that he had several three acre lots he wanted to sell and would
probably put trailers on them. Mr. Raymond Sandy stated that he could not foresee any
problem, but Mr. Frye would have to still file application with the Commissioner of Revenue.
The Executive Secretary stated that if the Board refused to approve the application
that a reason would have to be given the applicant.
Upon motion made by Robert Russell and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board does approve the Trailer Amendment Ordinance as
follows on the third reading:
AN ORDINANCE TO AMEND AN ORDINANCE PASSED MARCH 8, 1971,
TO REGULATE THE LOCATION, CONSTRUCTION AND OPERATION OF
TRAILER CAMPS IN FREDERICK COUNTY, VIRGINIA, FOR THE
PURPOSE OF PROMOTING HEALTH, SAFETY, MORALS AND GENERAL
WELFARE, AND PROVIDING FOR THE TAXING OF SINGLE TRAILER
LOT SPACES, TRAILER CAMP LOT SPACES AND TEMPORARY TRAILER
LOT SPACES. AND INSPECTION AND PENALTY FOR VIOLATION
OF SAME.
BE IT ORDAINED by the Board of Supervisors of Frederick County, Virginia, that:
Section 1: That Section 20 -19 of said referenced Ordinance be amended to read
as follows:
"The Commissioner of Revenue shall consider each applicatiorl filed as
provided in Section 20 -18, and must, before acting, refer such application
( to the Board of Supervisors, which may require a public hearing thereon,
after first publishing notice of such hearing two times in a newspaper
having general circulation in Frederick County, Virginia. The Board
of Supervisors will approve or disapprove the application and the
Commissioner of Revenue shall not issue a Certificate of Approval if the
Board of Supervisors disapproves the application. In deciding whether
to approve or disapprove the application, the Board of Supervisors
shall consider the general health and welfare of the community in
which the proposed trailer lot or trailer camp is to be located; the
availability of educational facilities in the proposed area; police
protection for the area and any problems connected with the same that
may result from the approval of .the application; any sanitary or
health problems that may be caused by the approval of such application;
the drainage of the proposed area covered by such application; the
effect that the granting of such application will cause upon the
values of the surrounding real estate in the area; the reputation,
140
background, and credentials of the applicant; the opinion of other
landowners in the area to the application; any electrical, mechanical,
or- safety problems that may be cuased by the approval of such an application;
and any other factors consistent with the one elaborated above."
Section 2: In event that any section, clause, or requirement of this ordinance
be proven invalid, such invalidation shall not affect the remainder of this ordinance.
Section 3: This ordinance shall be in full force upon passage by the Board of
Supervisors of Frederick County, Virginia.
The Chairman requested a recorded vote.
Donald L. Baughman, J. Robert Russell, Thomas B. Brumback and Raymond C. Sandy voted
for.the ordinance.
Thomas B. Rosenberger voted against stating that.he wasn't sure sufficient study had
been given the ordinance and the ordinance place a hardship on young people who can't afford
to buy homes.
The above ordinance was passed.
STREET LIGHTING ORDINANCE - ADOPTED
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Board does approve the Strret Lighting Ordinance on the
third reading:
AN ORDINANCE TO PROVIDE FOR SUITABLE LIGHTING ON THE STREETS
AND HIGHWAYS IN THE VILLAGES, TOWNS, AND BUILT -UP PORTIONS OF
FREDERICK COUNTY, VIRGINIA.
Be it ordained by the Board of Supervisors of Frederick County, Virginia.
Section 1 . Pursuant to authority contained in Code of Virginia (1950), Secs. 15.1 -
360 and 15.1 -380 the following provisions are set forth.
Section 2 . When in the determination of the Board of Supervisors that a given
section of street or highway is of danger to users in general because of improper
lighting, the Board of Supervisors may direct that said portion of street or
highway be lighted in accordance with national lighting standards and be funded from
the County Fund.
Section 3 . In areas where the need for lighting of streets and highways is of a
local nature the Board of Supervisors may direct, upon consent of two- thirds of the
property owners in the area affected, the installation of proper lighting and place
a special assessment against all property owners in the affected area to pay the
cost of installation, maintenance and administration for the required lighting
system.
Section 4 . In areas where the need for lighting of streets and highways is of local
nature the Board of Supervisors may direct the installation of required lighting for
the public good and safety without the consent of the property owners of the affecte
area. The special assessment provision of Section 3 shall be in full force.
Section 5 . If an area to be lighted in accordance with Section 3 or Section 4 occur
along a street or highway that is not part of a platted development or subdivision,
the property owners two hundred feet back from each side of the road or street and
one hundred and fifty feet from the nearest light fixture at the end of the span of
street or highway being lighted shall be subject to assessment.
Section 6 . Any subdivision, additional section of a present subdivision or trailer
court or park with four or more trailer spaces approved by the Board of Supervisors
after the passage of this ordinance will be lighted, according to National Lighting
F�
141
Standards, upon the construction of two or more residential structures. Said
property owners are subject to the special assessment provision of Section 3.
Section 7 . The developer(s) of a parcel of land subject to Section 6 may petition
the Board of Supervisors to establish lighting zones within the area subject to
Section 6 in order to comply with said section in the most practical and economic
' manner.
Section 8 . In areas where lighting has been installed in accordance with this
ordinance and the Board of Supervisors has directed that a special assessment be
made on those property owners affected, this special assessment constitutes a legal
' debt to the County of Frederick and is payable to the County Treasurer.
Section 9 . Should any section or provision of this ordinance be decided to be
invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of any other section and provision of this ordinance.
Section 10 . This ordinance shall be in full force and effect upon its adoption
and enactment by the Board of Supervisors of Frederick County, Virginia.
The above ordinance was passed..
CONTRACT WITH POWER COMPANY TO PROVIDE LIGHTING - APPROVED
Upon motion made by Thomas Br-umback and seconded by Raymond Sandy,
BE IT RESOLVED, That Board does authorize the Executive Secretary to enter into a
contract for the County with the Power Company to provide lighting.
The above resolution was passed.
MOUNTAIN ROAD AT GORE ADDED TO SECONDARY SYSTEM OF STATE HIGHWAYS
' Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That a section of road, known as the Mountain Road, from Route 50
Ilto .50 mile South at Gore, a total distance of .50 miles be, and hereby is added to the
Secondary System of State Highways, pursuant to Section 33.1 - 229 of the Code of Virginia of
1950 as amended
An unrestricted right of way of forty (40 feet, with slope easements is guaranteed
This right of way is recorded in Deed Book 382, Page 498 dated October 13, 1971.
The above resolution was passed.
INCREASE REQUESTED IN CULVERT SIZE ON LEE STREET - REFER TO HIGHWAY DEPT
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the request to increase the culvert size on Lee Street be
referred to the Highway Department.
The above resolution was passed.
CONTRIBUTION TO DOG SHELTER FROM MRS. MINNIE P. NAGLEY
The Executive Secretary reported that;a contribution in the amount of $10.00 had
been received from Mrs. Minnie P. Nagley.
The Board expressed their appreciation.
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SECTION 15.1 - 473(e) CODE OF VIRGINIA RESOLUTION
The Executive Secretary submitted a letter from W. K. Manion Executive Secretary,
Prince Edward County in behalf of the Prince Edward Board of Supervisors requesting that
Frederick County adopt a resolution requesting changes to Section 15.1 - 473, subsection e,
Code of Virginia dealing with recording of subdivision plats by the Clerk of the Court.
Upon motion made by Rdbett Russell and seconded by Raymond Sandy,
BE IT RESOLVED, That the Frederick County Board of Supervisors recommends the
amendment to the Code of Virginia, 1950:.
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Amend section 15.1 - 473, subsection e, to read as follows:
(e) No clerk of any court shall file or record a deed that is in violation of this
article, now shall the clerk file record any plat, or a plat of a subdivision
required by this article to be recorded until such plat has beezapproved as required
herein; and the penalties provided by § 17 -59 shall apply to any failure to comply
with the provisions of this subsection.
BE IT FURTHER RESOLVED, That the Executive Secretary is transmitting copies of this
resolution to Frederick County delegates in the General Assembly and, also, the Virginia
Association of Counties.
The above resolution was passed.
GARBER REZONING PETITION - ROUTE 522 SOUTH - B -2 to R -2 - APPROVED
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board accept the recommendation of the Planning Commission
and does approve the rezoning of a certain tract of land containing 19.265 acres, situate in
Shawnee Magisterial District on the East side of U. S. Route 522; bounded on the North by
Garber's other land, on the East by the land of F. P. Lages, and on the South by the lands of
J & P Properties and Warren E. Fletcher; from Business B -2 to Residential R -2.
The above resolution was passed.
VOTER REGISTRAR REPORT GIVEN
Mary Gay Conner appeared before the Board and read the following report:
I would like to bring to your attention a few of the problems I have encountered
in this office in regard to registered voters.
1. Names omitted from present Precinct books that were turned in to this office and
yet these people have been allowed to vote in every election including the last
two.
2. Names on Precinct books that I can not find any trace of. Such as names with no
addresses and no one seems to know anything about them.
3. People registered in two Precincts He perhaps lived in one at the time he
registered but when he moved failed to have his name removed and is registered
where he lives now.
4. It has been impossible to determine correct addresses for registered voters and
yet the public thinks this is my responsibility. If a person on Precinct book
has address that corresponds with location I have no way of knowing that he does
not live there.
A. My first concern in this area is in regard to people who live in Winchester
but vote in County. If they have not requested transfer or advised me of change I
have no way of knowing.
B. My second concern is with the folks who believe they can continue to vote
where they have voted for years even if they live in another District and /or..
Precinct. I have tried to the best of my ability to inform the public of this
change but I have been told (or Warned that they are going to continue to exercise
their vote.
5. The names of Deceased Voters were not removed from the books - these are names
of people that have been deceased for a number of years.
I would like to say here that I am not asking for solutions to these problems (and
these are only a few of many) nor am I complaining about them. I only want to call your
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attention to some of the more pertinent situations.
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The job of setting up this office has been most interesting and enjoyable. The
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cooperation I have received from you folks (Electorial Board & Board of Supervisors) has just
been great. The Executive Secretary has been tremendously helpful - in fact without Roger's
full cooperation and-the help of Data Processing the job of notifying the voters of Precincts
changes and voting places and getting started on a Central Registration System would have been
impossible.
Thank you, and I promise to continue to carry.on the work of this office to the
best of my ability.
Sincerely,
/s/ Mary Gay Conner
Mary Gay Conner
Frederick County Regestrar
The Board thanked Mrs. Conner for her report and expressed their support.
PUBLIC HEARINGS SET - NOVEMBER B. 1971
The following public hearings will be held at the November 8, 1971 meeting:
3:00 P.M. James R. Wilkins, Inc. - Route 659
R -1 to R -2 (No. 72)
3:15 P.M. Clearbrook Woolen Co., Inc. - Route 11 North
A -1 to M -1 & A -2 (No. 73)
3:30 P.M. E. E. Bayliss, Jr. et al - Route 11 North
B -2 & M -2 to R -1 (No. 74)
REZONING PETITION REFERRED TO PLANNING COMMISSION
Upon motion made by Donald Baughman and seconded by Thomas Brumback, be it resolved,
That the petition of J & P properties, Inc, to Rezone 31.625 on the East side of U. S. Route
522 from Residential R -1 to Industrial M -2, be referred to the Planning Commission. The
resolution was passed.
GEORGE SHANKS APPOINTED MEMBER TO FREDERICK COUNTY PLANNING COMMISSION
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Board does approve the appointment of George Shanks to the
Frederick County Planning Commission.
The above resolution was passed.
LEGALITY OF COUNTY ZONING ORDINANCE CHALLENGED
Mr. Henry Whiting and Mr. Joseph Massie appeared before the Board with Mr. Whiting
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stating that they were now in a court case representing T. G. Adams against W. H. Emmart & So
Inc. to restrain the Emmart Company from building facilities for storage and distribution of
gas and petroleum products and there was no original zoning ordinance or zoning map on record.
Since the land in question is zoned for residential use, Emmart Company would be in violation
of the Zoning Ordinance using the land for industrial purposes. And in reply, Emmart Co.
states that there is no valid zoning ordinance.
Mr. Whiting further stated that the Zoning Ordinance adopted March 13, 1967 was
never signed by the Chairman of the Board at that time. Mr. Whiting stated that the ordinanc
and map were adopted properly but when they came back to the Board - were not certified.
Mr. Krueger stated that the map in question was in fact the Comprehensive Planning
Map. Mr. Whiting replied, "yes ", but it was approved as the zoning map.
Mr. Golladay read from the Planning Commission when the zoning ordinance was appro
by the Commission.
Mr. Whiting stated that he had a copy of the adopted zoning ordinance from the
Clerk's Office and if the Board was satisfied that this was an original copy that the'Va. C
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stated'.that the ordinance can be signed and certified by the present Chairman, after being
read aloud and no error is discovered.
At this time the ordinance was read aloud in full with all members of the Board
agreeing that the material read was the 1967 zoning ordinance of Frederick County.
Upon motion of Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That to the best knowledge of this Board the material just read is
the 1967 Zoning Ordinance of Frederick County.
BE IT FURTHER RESOLVED, That the Chairman of this Board be authorized to certify the
ordinance and map as being the true ordinance approved by this Board March 13, 1967.
The above resolution was passed.
COUNTY TO BE ENTERED AS THIRD PARTY IN EMMART -ADAMS CASE - APPROVED
Upon motion made by Thomas B.Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Board does direct the Commonwealth Attorney to enter the
County as an interested part in the Emmart -Adams Case. This action is being taken in order to
protect the interests of Frederick County in relation to the status of the County Zoning
Ordinance.
The above resolution was passed.
Upon motion duly made and seconded,
BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby recess
until•4:00 P.M. October 12, 1971.
S cretary, Board of Supervisors
Chairman, Board of Supervisors
The Frederick County Board of Supervisors reconvened the October 11th General
Meeting at 4:00 P.M. October 12, 1971.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice - Chairman;
J. Robert Russell, Thomas B. Brumback and Raymond C. Sandy.
The Executive Secretary informed the Board that the Court would not be reaching a
decision at this time and that the meeting could be adjourned.
Upon motion of Robert Russell and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board does hereby adjourn its October 11th Regular Meeting.
The above resolution was passed.
y, of Supervisors
Chairman, Board of Supervisors
In accordance with Section 15.1 -538 of the 1950 Code of Virginia, as amended, the
Board of Supervisors met in Special Session at the request of Supervisors J. Robert Russell
andThomas B. Brumback to consider the critical situation resulting from the present litigation
involving the Frederick County Zoning Ordinance.
On October 26, 1971 at 9:00 A.M. Chairman Thomas B. Rosenberger called the meeting
to order.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice - Chairman;
J. Robert Russell; Thomas B. Brumback and Raymond C. Sandy.
The Board discussed the present situation and the various alternatives available to
the County in light of the legal questions being raised.
Acting Commonwealth Attorney, Larry Ambrogi, told the Board that an emergency is
defined as a "present and clear danger" and that in his opinion that the question of whether
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the courts would uphold the present ordinance or declare it invalid did constitute a clear and
145
present danger to the welfare of the Citizens of Frederick County.
Upon motion of Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Board of Supervisors in their judgement feel that pending
litigation may invalidate the present existing zoning ordinance, and
WHEREAS, The Citizens of Frederick County have reasonably relied on the existence
1
and validity of the present zoning ordinance,. and
WHEREAS, Frederick County has an interest in protecting the reasonable use of land
subject to its jurisdiction; and
WHEREAS, The re- enactment of the 1967 zoning ordinance, as amended, on an emergency
basis as provided by the Code of Virginia would avoid the precipitation of "a race of
diligence between property owners, and the adoption later of a zoning ordinance would in many
instances be without effect to protect residential communities ", Downham V. Alexandria (Va.),
58F. (2d) 784, 788.
THEREFORE, The Frederick County Zoning Ordinance of 1967, as amended by vote of this
Board on numerous occasions, is herein adopted on an emergency basis as the official Zoning
Ordinance of the County of Frederick and the attached map to be on file with the Zoning
Administrator.
On the request of Board Chairman Thomas B. Rosenberger the following vote was
recorded:
Thomas B. Rosenberger, Donald L. Baughman, J. Robert Russell, Thomas B. Brumback
and Raymond C. Sandy all voted yea.
No votes recorded against.
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
e etary, Board of Supervisors Chairman,
or Supervisors
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia,
held in the Supervisors Room on the 8th day of November, 1971.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice - Chairman; J.
Robert Russell, Thomas B. Brumback and Raymond C. Sandy.
The minutes of the Regular Meeting held on the 11th day of October and the Special
Meeting of the 26th day of October, 1971 were read and approved.
ACCOUNTS PAYABLE
Accounts totaling $30,914.13 were read and approved and ordered to be paid from the
General County Fund by Warrants #8420 through #8515oinclusive. Accounts totaling $866.13
were read and approved and ordered to be paid from the Dog Fund by Warrants #557 through #566
inclusive.
In a discussion of the bills Mr. Ambrogi confirmed that his secretary was full -time
in working on Commonwealth's duties.
Mr. Russell questioned the Executive Secretary as to the Green Acres lighting. The
Executive Secretary replied that the contract between Potomac Edison and the County had been
signed and construction should begin in about six weeks. He further stated that the County
would be billed monthly and they in turn would bill the taxpayers once a year. The project
should be completed by the first of the year.
The Executive Secretary pointed out the advertising bill to the Supervisors stating
that according to the Virginia Code the ordinances did not have to be advertised in full as
146
they have in the past. Mr. Alderman stated that the ordinances could be advertised by title
and with a general description to help cut down on costs. The Supervisors agreed.
In a brief discussion of the phone bills, Mr. Ambrogi recommended that the franchise
free bill that the County had could be switched to offices where the State does not help with
the cost.
DOG POUND - WORK AUTHORIZED
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Board does authorize the work to begin on the roof of the
Dog Pound in accordance with the County bid system.
The above resolution was passed.
CLERK'S BILLS - TO BE PAID WHEN PURCHASE ORDERS ISSUED
The Executive Secretary explained to the Board that several bills had been received
from the Clerk's office which did not have purchase orders. He reminded the Board that the
Clerk had been asked at a previous meeting to comply with purchasing procedures. He stated
that there was one bill in the amount of $1295.00 from B -K Office Supply for a slope top roller
desk and two other bills amounting to almost_$300.00. After a short discussion the following
motion was made.
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board will not pay any bills until purchase orders are
issued. Bids must be obtained for amy puuchase over $15.00.
The above resolution was approved by all.
EXECUTIVE SECRETARY'S REPORT
Landfill R
The Executive Secretary stated that Leo Roos of the Internal Revenue Service
presented the complaint, of certain persons or industries, that the County of Frederick inact
a price increase on refuse disposal, after the Presidential wage -price freeze was enacted.
The Executive Secretary said that it has been our position that a rate adjustment
went into effect on September 1, 1971 in order to establish a fairness of cost in operation.
Before Septmeber 1, 1971, the people of Frederick County were burdened with a disproportionate
share of the cost in operating the landfill. The new adjustment of rates, which is based on
tonage, allows a fairness in charge according to usage i.e., everyone is treated equally now
whereas before the taxpayers were footing the bill for large users. If the complaints were
filed by large users, they are not willing to pay their fair share whereas before September 1,
1971, they were willing to take advantage of the people of Frederick County.
The Executive Secretary then presented facts and figures that showed that costs for
only 16 customers out of 430 had actually gone up and 12 of these were in the City and 4 in
County. The Executive Secretary asked the Board if they wished to lower the rates for these
16 haulers and the Board said "no ". The Executive Secretary stated that Mr. Roos suggested
they could maintain the rate of $1.60 per ton but not to exceed $5.00 perload. The Board
agreed to stick to their decision of September.
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
The following resolution was adopted:
WHEREAS, the Board of Supervisors has been contacted by the President's Economic
Council concerning a complaint filed to said Council alleging that the rates established for
dumping at the Sanitary Landfill were not in accordance with the President's price freeze.
WHEREAS, based upon findings to date an average total of 430 users utilize the
(Sanitary Landfill and of these 430, 16 users had a rate increase and 361 remained the same
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based upon the newly established rates.
147
q BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby confirm
lits action of September 27, 1971.in adjusting the landfill rates and took such action as being
din the best interests of the people of Frederick County.
The above resolution was.passed by a recorded vote with Thomas B. Rosenberger,
1
DDonald L. Baughman, J. Robert Russell, Thomas B. Brumback and Raymond C. Sandy voting for the
resolution.
( Recreation Committee A
Upon motion made by Robert Russell and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board does reappoint David Headley and Joseph C. Pasquali
Ito serve on the Frederick County Recreation Committee.
The above resolution was passed.
E
The Executive Secretary explained that the jobs made available under the Emergency
Employment Act had been advertised and that applications were being taken.
Planning Program - David Dickson - Employed as Planning Researcher
In accordance with the Board's authorization of October 11, 1971, David Dickson has
been employed as a Planning Researcher to work on the County Planning Program. This program
includes the following: (1) zoning, (2) subdivision, (3) pollution control, (4) ordinance
revision.
Mr. David Dickson was introduced to the Board by the Executive Secretary.
Zoning Ordinance
The Executive Secretary explained that the County has until December 25, 1971, to
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adopt a new zoning ordinance and at this time we need to know if the draft ordinance that was
given out is acceptable.
Don.E. Krueger stated that the zoning ordinance from the Rappahannock Area
Development Commission suited the County. The Executive Secretary stated that it gave more
classification and therefore, more control. Mr. Krueger stated that Robert E. Shumate,
Division of State Planning and Community Affairs, was also in favor of the Rappahannock
ordinance.
Donald Baughman asked the Executive Secretary if the Board had time to make the
changes properly and the Executive Secretary replied that they did.
Upon motion made by Raymond Sandy and seconded by Robert Russell,
BE IT RESOLVED, That the Board proceed with the zoning ordinance submitted with
proper changes.
The above resolution was passed unanimously.
Board Meeting Time and Place
The Executive Secretary asked the Board if they wished to change their meeting time
L
and place and the Board replied that they would leave that for the new Board.
Health Deoar-tment - Dr. Dickerson. Director -
The Executive Secretary stated that he had received a letter from Dr. Dickerson,
)irector of the Health Department, stating that he had resigned.
3ureau of Mining - Strip Mining Experts to visit County
The Executive Secretary stated that two strip mining experts with the Air Pollution
'ontrol Board would be up some time next week to discuss Strip Mining Law passed in 1968.
toad Hearing - Route 661
A Road Hearing for Route 661 was set-at 10:30 A.M. on November 30, 1971, at the War
4emorial Building.
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me
Trailer Permits - Approved
Upon motion made by Thomas Brumback and seconded by Donald Baughman,
BE IT RESOLVED, That the following trailer permits are approved:
D. A. Cole
Henkel Lamp
Parker Perkins
Wallace A. Clubb, Jr.
Victor M. Shade
The above resolution was passed.
FLOYD HITE - SHEEP KILL - PAID
Upon motion made by Donald Baughman and seconded by Robert Russell, payment was
authorized in the amount of $20.00 to Floyd Hite for one (1) ewe killed by a stray dog about
October 26, 1971.
SCHOOL BOARD EXPRESSED APPRECIATION TO THE BOARD FOR SERVICES
On behalf of the Frederick County School Board, Dr. Wright expressed their apprecia-
tion to the Board of Supervisors for their services during the past four years.
ADDITIONAL FUNDS FOR LORD FAIRFAX COMMUNITY COLLEGE - APPROVED
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the amount of $15,256.24 be paid to the Lord Fairfax Community
College -for Frederick County's share of Phase I development costs and share of local Board
Budget as follows:
Site Development Balance D'ue $10,417.04
Local Board Budget 4,839.20
TOTAL AMOUNT DUE $15,256.24
The above resolution was passed.
LANDFILL RATE MODIFIED TO 80(� FOR LIQUID WEIGHT - APPROVED
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board does modify the landfill rate to eighty (80(�) cents
a ton for an indefinite period for liquid weight with solid ratio not to exceed one -half.
The above resolution was passed.
SECONDARY ROAD SYSTEM REVISED BUDGET - APPROVED
Mr. H. C. Crowder, Resident Engineer of the Virginia Department of Highways,
the revised secondary road budget and,
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That Frederick County Board of Supervisors does accept the Secondary
Road System Budget as of the October 1971 Revision.
The above resolution was passed.
DEEDS TO ARMEL AND HIGHVIEW ELEMENTARY SCHOOLS PRESENTED
TO THE BOARD OF SUPERVISORS
Dr. Melton Wright, Superintendent of Schools, stated that the schools will be
important for recreation and public use.
Charles E. Bass, Chairman of the School Board, presented the deeds to Armel and
view Elementary Schools to the Frederick County Board of Supervisors. Mr. Rosenberger,
Chairman of the Board, accepted the deeds on behalf of the Supervisors and expressed the
Board's appreciation.
TEETS MILLER LAND - LOTS - SIGNED
The Teets Miller Land -Lots were approved at the Meeting of October 11, 1971, but the
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ats are herein signed this day by the Chairman of the Board of Supervisors.
149
HITE MILL ROAD - WILLIAMS LOTS - SIGNED
The Hite Mill Road - Williams Lots were approved at the Meeting of October 11, 1971,
but the plats are herein signed this day by the Chairman of the Board of Supervisors.
GREEN ACRES EXTENDED SECTION - 75 LOTS - DISAPPROVED
James R. Wilkins submitted a plat for a new section containing 75 lots in Green Acres
' Several Supervisors stated that they had been receiving complaints from residents in
the Green Acres area regarding the odor from the City Sewage Treatment Plant. It was also
noted that 10% open space was needed for recreation areas.
After some discussion a motion was made by Donald Baughman and seconded by Raymond
' Sandy,
BE IT RESOLVED, That the Board does reject the plat for 75 additional lots in the
Green Acres Subdivision because of the City Sewage Treatment Plant odor and a lack of
recreation facilities.
The above resolution was passed unanimously.
The Executive Secretary noted that the -plat would be reconsidered if Mr. Wilkins
could get the City to control the odor from the sewage plant and he also noted that efforts
by the County in this respect had been ignored in the past.
LAKE HOLIDAY ESTATES- SECTIONS 5 -A and 6 -A'- APPROVED
Mr. Harold Moss, President of Lake Holiday Estates Corporation, presented a report
to the Board on the progress of work and, also, a letter to Mr. Rosenberger which he read from
Jerome W. Vogel, President of U. S. Financial- Northeast, Inc., which stated that money was no
longer a problem. The letter, also, stated, "The central sewer and water plans are in the
hands of the appropriate authorities in Richmond for approval. As soon as it is obtained, we
plan to start installation on Sections I and II, to be followed by the balance of the work as
rapidly as possible."
Robert Russell questioned Mr. Moss as to the facilities for the skiers this winter.
Mr. Moss replied that temporary facilities were available until water and sewer system was putt
in.
Upon motion made by Robert Russell and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board does approve Sections 5 -A and 6 -A of Lake Holiday
Estates.
The above resolution was passed with Robert Russell, Thomas Brumback and Thomas
Rosenberger voting for. Donald Baughman voted against and Raymond Sandy voted against stating
that since Sections 1 and 2 were not ready to be moved into that he could not vote for
I
I Se i 5 -A and 6 -A.
ZONING PETITION - JAMES R. WILKINS, INC., RT. 659, R -1 to R -2 - Approved
Douglas Swift, Attorney for property owners of Rolling Fields and Green Acres, sta
that the property owners wished to register their opposition to the rezoning in that they are
concerned about the growth over their way.
I
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board does approve the application of James R. Wilkins, Inc
to rezone lots 1, 2, 3, 4, and 5 of Brookland Heights Subdivision, consisting of approximately
nineteen (19) acres; situated in Shawnee Magisterial District bounded on the North by Virginia
Route 659 on the East by Bowman (Lot 6), on the South by the lands of Norman W. and Shasta B.
Garrison and John L. & Barbara C. Scipone (Lot 11) and an unnamed sixty (60) foot right -of -way
and on the West by the land of the D. J. Howard Vocational School; from Residential R -1 to
Residential R -2',
BE IT FURTHER RESOLVED, That Mr. Wilkins is requested to comply with the Lighting
150
Ordinance and, also, to set aside at least 10% of the land for a play area,
BE IT FURTHER RESOLVED, That the Board does accept the recommendation of the P
Commission in that no building permit shall be issued until building plans and water and sewer
plans together with an acceptable signed agreement between the Owner and the Municipality
agreeing to provide the water and sewer services.
The above resolution was passed.unanimously.
ZONING PETITION - CLEARBROOK WOOLEN CO., INC., RT. 11 NORTH
A -1 to M -1 and A -2 - APPROVED
The Frederick County Planning Commission had recommended approval with the stipula-
tions that any industry locating in the Industrial (M -1) area be restricted to industry which
creates only domestic waste -water and that the Campground be provided with central sewerage
facilities as approved by the appropriate office of the Health Department.
Pete Johnson, Attorney for Clearbrook Woolen Co., discussed the wording of the
provisions with the Board. Mr. Johnson stated that there were limitations on the possible use
that M -1 might be put to.
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Board does approve the application of Clearbrook Woolen
Company, Inc. to rezone ninety (90) acres of land; situated in Stonewall Magisterial District
at Clear Brook, Virginia bounded on the West by U. S. Route 11 and lying on both sides of
Virginia Route 672 (Brucetown Road); from Agricultural A -1 to Industrial M -1 (approximately
35 acres) and Agricultural A -2 (approximately 55 acres),
BE.IT FURTHER RESOLVED, That no waste would be produced which would pollute the
stream in violation of the statutes of the State Department of Health and State Water Control
Board
The above resolution was passed unanimously.
ZONING PETITION - E. E. BAYLISS, JR. ET AL (HUNTER M. STI ESTATE LOTS)
ROUTE 11 N. B -2 and M -2 to R -1 - APPROVED
Benjamin Butler, Attorney for the residents of the area, stated that the original
deeds state that it is for residential only, but the County has -zoned the area B -2 and M -2.
And this subdivision should be residential and not industrial. Mr. Butler presented pictures
of the homes indicating they were not low- income homes.
Mr. I. Fred Stine explained that back in 1945 the land was sold for residential
purposes and in good faith we made the deed to all who bought at that time
stated that there was no zoning ordinance at that time.
Mr. Stine further
Opponents of the proposed rezoning stated that the area was not a desireable
location for residential homes.
Mr. Butler pointed out to the Board that the land zoned as it was now was a "no -man'!
land" because if anything happened to the homes they could not make repairs or rebuild.
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Board does not accept the recommendation of the Planning
Commission and does approve the application for rezoning by residents residing on the Hunter
M. Stine Estate Lots; situated in Stonewall Magisteriall:District lying on the East and West
sides of U. S. Route 11, beginning approximately 1000 feet North of the Winchester Corporate
Limits; to rezone said lots from Business B -2 and Industrial M -2 to Residential R -1.
The above resolution was passed with Donald Baughman, Robert Russell, and Raymond
Sandy voting for and Thomas Brumback abstaining because of a conflict of interests
STATEMENT OF RECEIPTS AND EXPENSES FOR YEAR ENDED 12/31/69 TO BE PUBLISHED
i
George Whitacre presented a statement of receipts and expenses for the calendar year
151
1969 of the Clerk of the Circuit Court which according to the provisions of Section 14.1 -158
of the Code of Virginia requires publication of the statement once a week for. two.weeks.
The Board directed the Executive Secretary to have this done.
ION OPPOSING THE DISPLAY AND DISTRIBUTION OF POLITICAL
GN MATERIAL IN FREDERICK COUNTY OFFICE BUILDINGS - APPROVED
' Mr. Rosenberger presented a resolution to the Board for approval.
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia oppose
the display and distribution of political campaign material and literature in any and all
Frederick County office buildings.
THEREFORE BE IT FURTHER RESOLVED, That in the future no political campaign material
of any type be displayed or distributed in any building or office owned, leased, or operated
by Frederick County, Virginia, or its agents
The above resolution was passed with Thomas Rosenberger, Raymond Sandy and Donald
Baughman voting for and Robert Russell voting against and Thomas Brumback abstaining.
FIREARM'S RESOLUTION - APP
Donald Baughman presented a resolution to the Board for approval.
urging them to work for the defeat of further legislation that may tend to infringe upon the
rights of law abiding citizens to own and lawfully use firearms.
The above resolution was passed unanimously.
ADDITIONAL EXPENDITURE FOR OFFICE EQUIPMENT OF
COMMONWEALTH'S ATTORNEY - APPROVED
Upon motion made by Raymond Sandy and seconded by Thomas Brumback,
' BE IT RESOLVED, That the Board does herein authorize the expenditure of an additiona
amount not to exceed $600 for additional equipment for the Office of the Commonwealth
Attorney.
The above resolution was passed.
EXPENDITURE OF $125 FOR DESK IN EXECUTIVE SECRETARY'S OFFICE - APPROVED
Upon motion made by Robert Russell and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board does herein authorize the expenditure of $125 for an
additional desk in the Office of the Executive Secretary.
The above resolution was passed.
SHERIFF REQUESTED TO ENFORCE COUNTY STICKERS DISPLAYED ON COUNTY CARS
Upon motion made by Raymond Sandy-and seconded by Donald Baughman,
BE IT RESOLVED, That the Board of Supervisors does request the Sheriff to rigidly
enforce the law that all County vehicles display the County 4tickers.
The above resolution was passed.
n
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board of Supervisors of Frederick County, Virginia objects
strongly to recent attempts by certain members of the United States Congress to infringe upon
the rights granted to the citizens of the United States by the second amendment to the
Constitution of the United States guaranteeing the right of the'people to keep and.bear arms,
and specifically stating that these rights cannot be infringed.
AND FURTHERMORE, The Board of Supervisors of Frederick County, Virginia recognizes
the rights of sportsmen, hunters and private citizens to own and enjoy the lawful use of fire-
arms, and strongly objects to further legislation abridging these rights.
AND IT IS FURTHER HEREBY RESOLVED, That copies of this Resolution be forwarded to ou3
two United States Senators and our members in the United States House of Representatives
urging them to work for the defeat of further legislation that may tend to infringe upon the
rights of law abiding citizens to own and lawfully use firearms.
The above resolution was passed unanimously.
ADDITIONAL EXPENDITURE FOR OFFICE EQUIPMENT OF
COMMONWEALTH'S ATTORNEY - APPROVED
Upon motion made by Raymond Sandy and seconded by Thomas Brumback,
' BE IT RESOLVED, That the Board does herein authorize the expenditure of an additiona
amount not to exceed $600 for additional equipment for the Office of the Commonwealth
Attorney.
The above resolution was passed.
EXPENDITURE OF $125 FOR DESK IN EXECUTIVE SECRETARY'S OFFICE - APPROVED
Upon motion made by Robert Russell and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board does herein authorize the expenditure of $125 for an
additional desk in the Office of the Executive Secretary.
The above resolution was passed.
SHERIFF REQUESTED TO ENFORCE COUNTY STICKERS DISPLAYED ON COUNTY CARS
Upon motion made by Raymond Sandy-and seconded by Donald Baughman,
BE IT RESOLVED, That the Board of Supervisors does request the Sheriff to rigidly
enforce the law that all County vehicles display the County 4tickers.
The above resolution was passed.
n
152
PETITIONS REFERRED TO FREDERICK COUNTY PLANNING COMMISSION
(77) S. Herbert Shackelford, et ux - N. side of Va. #642 - A -1 to R -2
B -2
A -2.
petitions were referred to the Frederick County Planning Commission.
RECREATION ORDINANCE - 1ST AND SECOND READING - APPROVED
Secretary, Board of Supervisors
Ordinance by title.
AN ORDINANCE TO ESTABLISH THE FREDERICK COUNTY DEPARTMENT
OF RECREATION AND PARKS AND THE FREDERICK COUNTY RECREATIONAL
PARKS-COMMISSION AND TO SET FORTH THE POWERS AND RESPONSIBILITIES
OF EACH.
(76) Solenberger - Bridgeforth - East of Route 522 between Routes 50 and 645 R -1 to
(78) Robert J. & Asoula D. Crouse - Route 614, 1 mile South of Route 50 - A -1 to
Upon motion made by Thomas Brumback and seconded by Raymond Sandy, the above
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board does approve the 1st and 2nd reading of the Recrea
The above resolution was passed.
" M. B. RITENOUR = LAMB - KILL - PAID
Upon motion made by Donald Baughman and seconded by Robert Russell, payment was
authorized in the amount of $15.00 to M. B. Ritenour for one (1'T lamb killed by a stray dog
on October 30, 1971.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
airman, Board of'Supervisors
In accordance with Section 15.1 -538 of the 1950 Code of Virginia, as amended, the
and of Supervisors met in Special Session at the request of Supervisors J. Robert Russell
and Raymond C. Sandy to consider the 1st and 2nd reading of the proposed zoning ordinance for
the County of Frederick.
er.
On December 1, 1971 at 1 P. M., Chairman Thomas B. Rosenberger called the meeting to
PRESENT: Thomas B. Rosenberger, Chairman, Donald L. Baughman, Vice Chairman, J.
t Russell, Thomas B. Brumback and Raymond C. Sandy.
Also present at the request of the.Board was the Frederick County Planning Commiss
and Mr. Robert E. Shumate of the Division of State Planning and Community Affairs.
Upon completion of discussion of the ordinance the Planning Commission recommended
the proposed ordinance as changed to the Board.
The Chairman upon receiving the recommendations of the Planning Commission instruct
the Executive Secretary to read the ordinance by title.
AN ORDINANCE TO PROVIDE FOR THE ZONING OF LAND WITHIN THE
JURISDICTION OF THE COUNTY OF FREDERICK, VIRGINIA AS PROVIDED
IN CHAPTER 11, ARTICLE 8, SECTION 15.1 -486 THROUGH 15.1 - 503 -1,
CODE OF VIRGINIA (1950), AS AMENDED.
The proposed ordinance was presented by Mr. Shumate and the Board and the Planning
ommission discussed the ordinance section by section and made various changes in the ordinanc
Uponirmotion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does herein call for
7
U
fl
153
11Public Hearing on December 20, 1971 at 6:30 P.M. in the Frederick County Court House on the
above mentioned ordinance.
BE IT FURTHER RESOLVED, That for the purpose of carrying forth the directives of the
Code of Virginia this Public Hearing shall be a joint hearing with the Frederick County
Planning'COmmission and the Executive Secretary is instructed to advertise as such.
' The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
Sec etary, Board of Supervisors Chairman, Board of Slipervisors
At the Regular Meeting of the Board'of Supervisors of Frederick County, Virginia,
held in the Supervisors Room on the 13th day of December, 1971.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice - Chairman; J.
Robert Russell, Thomas B. Brumback and Raymond C. Sandy.
The minutes of the Regular Meeting held on the 8th day of November and the Special
Meeting of the 1st day of December, 1971 were read and approved.
ACCOUNTS PAYABLE
Accounts totaling $79,296.41 were read and approved and ordered to be paid from the
General County Fund by Warrants #8516 through #8710 inclusive. 'Accounts totaling $838.57 were
read and approved and ordered to be paid from the Dog Fund by Warrants #567 through #579
inclusive.
I -
ADVERTISE THAT COUNTY IS RECEIVING BIDS
The members of the Board suggested that the Executive Secretary advertise that the
County would be receiving bids for various items if anyone wanted to request to do the work.
BOARD REQUESTS ENFORCEMENT OF 1968 STRIP MINING LAW
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Frederick County Board of Supervisors desires to bring to
the attention of the General Assembly the need for stronger enforcement of the 1968 Strip
Mining Law,
BE IT FURTHER RESOLVED, That it is felt by the Board that the General Assembly
should consider appropriation of additional funds to insure enforcement of said law.
The above resolution was passed unanimously.
LANDFILL DISCUSSED
' The members of the Board reviewed the problems of the Landfill with the Executive
Secretary who explained that the scales were back in operation.
Raymond Sandy stated that if some ICC regulated carriers were not going to be
' required to purchase County tags that he requested that those who have purchased County tags
The refunded.
Mr. Harry L. McCann stated that it would not be possible to refund until a decision
from the Attorney General could be obtained.
Therefore, upon motion made by Raymond Sandy and seconded by Robert Russell,
BE IT RESOLVED, That the Executive Secretary is herein instructed to submit the
question to the Attorney General and advise the Board of the Attorney General's opinion.
The above resolution was passed.
154
CLERK'S PETTY CASH PAYMENT - DENIED
Upon motion made by Raymond Sandy and seconded by Donald Baughman,
Donald Baughman stated that this was a good
BE IT RESOLVED, That the Board does not approve the Clerk's
Petty Cash payment since
it was not turned in on time.
The above resolution was passed.
Supervisors Rosenberger and Baughman stated
that other regulations submitted by
EXECUTIVE SECRETARY'S REPORT
,
Financial Report
The Executive Secretary gave the following financial report
to the Board:
General County Fund
The Executive Secretary stated that in typing the minutes of the May 10, 1971 meeting
Balance Judy 1, 1971 . . . . . . . . . . . . . . . . . . .
$ 866,801.74
payment out of the General Fund and
Revenue and Transfers:
'
July ... . . . . ... . . . . . . . . . . . . . . . . .
104, 627.34
August . . . . . . . . . . . . . . . ...
211,694.15
September . . . . . . . . . . . . . . . .
93,368.67
to
October . . . . . . . . . . . . . . . . . . . . . . .
177,906.94
read and approved . . ."
Disbursements and Transfers:
July . . . . . . . . . . . . . . . . . $ 577,973.83
802.98
August . . . . . . . . . . . . . . . . 57,802o98
September . . . . . . . . . . . . . . 53,956.32
October . . . . . . . . . . . . . . . . 547,644.30
$1,237,377.43
$1,454,398.84
Balance October 31, 1971
$ 217,021.41
Upon motion made by Robert Russell and seconded by Raymond
Sandy the Board accepted
,
the above financial report.
Administrative Regulations
The Executive Secretary stated that in order to establish a
clear set of directives
for the operation and enforcement of County Ordinances, regulations and
Board policies it is
recommended that a system of "Administrative Regulations" be established.
After some discussion the Board made a resolution to establish the Adminstrative
Regulation System.
Upon motion made by Donald Baughman and seconded by Raymond
Sandy,
BE IT RESOLVED, That in order to establish clear directives
for the managment of the
County of Frederick it shall be the responsibility of the Executive Secretary
from time to time
upon recommendations of various County Officials to develop Administrative Regulations to gover•
the operation of the County as directed by Ordinance, Code of Virginia, or by Board resolution. ,
BE IT FURTHER RESOLVED, That such Regulations shall be reviewed and approved by the
Board of Supervisors by General Resolution.
The above resolution was passed.
Donald Baughman stated that this was a good
idea becWs:e the Executive Secretary
has
had to wait thirty days to act,on directives.
,
Supervisors Rosenberger and Baughman stated
that other regulations submitted by
the
Executive Secretary should be deferred until the next
Board meeting.
Error in Minutes - Accounts Payable of May 10, 1971 -
Co
The Executive Secretary stated that in typing the minutes of the May 10, 1971 meeting
an error was made in the amount of funds approved for
payment out of the General Fund and
the
following amendment to those minutes is requested to
correct this error.
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the minutes of the May
10, 1971, General Meeting be amended
to
read as follows: "Accounts totaling $44,081.32 were
read and approved . . ."
155
The above resolution was passed.
Amendment to County Tag Ordinance - First Reading - Approved
The Executive Secretary stated that the Commissioner of Revenue had requested that
the County Tag Ordinance be amended.
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Board does approve the 1st reading of the amendment to the
County Tag Ordinance by title,
AN ORDINANCE TO AMEND AN ORDINANCE PASSED AUGUST 10, 1970,
TO EMPOWER THE COUNTY OF FREDERICK, VIRGINIA, TO LEVY AND
ASSESS TAXES AND CHARGE LICENSE FEES UPON MOTOR VEHICLES
TRAILERS, AND SEMITRAILERS: LIMITATIONS OF AMOUNT; DIS-
POSITION OF REVENUE; REQUIRING EVIDENCE OF PAYMENT OF
PERSONAL PROPERTY TAXES; PROHIBITING DISPLAY OF TAGS
AFTER EXPIRATION; PUNISHMENT FOR VIOLATION; IN ACCORD-
ANCE WITH THE PROVISIONS SET FORTH IN SECTION 46.1 -65
OF THE CODE OF VIRGINIA, 1950, AS AMENDED.
The above resolution was passed.
Shawnee Fire Department Request for Contribution
The Executive Secretary stated that the Shawnee Fire Department had requested that
the County continue its contribution until the Greenwood Fire Company is prepared to assume
operation. In a report dated November 11, 1971, it was indicated that the Department had made
75 County calls. He, also, stated that the other County Fire.Departments received $571.43
each, but it should be pointed out that there are no additional funds in the budget for this
purpose.
Mr. Dennis Cole stated that Greenwood Fire Company would be in operation in a few
months. Mr. Rosenberger stated that Star Tannery was also organizing a Fire Company and would
want a contribution.
Upon motion made by Raymond Sandy and seconded by Donald Baughman,
BE IT RESOLVED, That the Board does recognize the problem and will made a committmen
after the fiscal year begins.
The above resolution was passed
Employee Compensation - Full -Time Employees - Standardized Pay Period
The Executive Secretary stated that pursuant to authority contained in Section 15.1-
fl
547 of the Code the Board of Supervisors can authroize the establishment of a standard pay
period system. He further stated that this had been discussed with the Treasurer and the
State Auditor and they both agreed with the procedure.
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That pursuant to authority contained in Section 15.1 -547 of the Code
of Virginia (1950), as amended, the Board of Supervisors does herein authorize the Executive
Secretary to pay from the General County Fund and the County Dog Fund the Compensation of all
general County employees.
BE IT FURTHER RESOLVED, That the warrants for the payment of such compensation,be
made the last working day of each month and countersigned by the Chairman and Treasurer,
BE IT FURTHER RESOLVED, That the Executive Secretary shall present for review and
approval at the next regular meeting of the Board of Supervisors a list of such warrants.
The above resolution was passed.
156
Annexation Payment Adjustment - Tuition Transaction - $11,727.00 Refund to the City - Approved
The Executive Secretary stated that the School Board had requested that the City of
Winchester be refunded $11,727.00 which will complete the tuition transaction as ordered by the
Court. An explanation of the payment was made by Harry L. McCann, Treasurer and Keith Ritter,
Representative of the Auditor of Public Accounts.
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Board does approve the refund of $11, 727.00 for the
tuition transaction in the payment adjustment, to the City of Winchester.
The above resolution was passed.
Annexation Payment Adjustment - Refund of ABC Profits and Wine Taxes to the State - Approved
The Executive Secretary stated that the State Comptroller has informed the County
that an overpayment in the amount of $17,078.00 in ABC Profits and Wine Taxes was made and
must be refunded. They have requested this be made to the City of Winchester but it is felt
that this refund should be made direct to the Comptroller.
Upon motion made by Donald Baughman and seconded by Thomas Brumback,
BE IT RESOLVED, That the Board does approve the refund of $17,078.00 for an overpay -¢
ment of ABC Profits and Wine Taxes, to the State Comptroller who will reimburse the City.
The above resolution was passed.
Budget Transfers - Approved
The Executive Secretary recommended four budget transfers.
Upon motion made by Thomas Brumback and seconded by Raymond Sandy,
BE IT RESOLVED, That the Frederick County Board of Supervisors does herein authorize
the Executive Secretary to make the following budget transfers as indicated:
Amount From Account
$ 470.00 13 -013B -0299
2910.00 02 -002A -0214
2910.00 03 -003A -0214
1005.00 10- 010E -0206
The above resolution was passed.
Audit Request - Approved
To Account
O1 -OO1F -0199
O1 -OO1F -0214
O1 -OO1F -0214
O1 -OO1F -0109
The Executive Secretary stated that the Representative of the Auditor of Public
Accounts has requested a resolution to audit the Treasurer's books.
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does herein request
the State Auditor's Office to make an audit of the books of the Office of the Treasurer of the
County of Frederick.
BE IT FURTHER RESOLVED, That this request is made due to the retirement of the
County Treasurer.
The above resolution was passed.
Supplemental Appropriations - Approved
Due to the EEA Program Grant and the payments necessary for this program, the
following supplemental appropriations are requested:
BE IT RESOLVED, That the Frederick County Board of Supervisors does herein authorize
the following supplemental appropriations to the 1971 -72 Budget per Function as indicated:
Account
O1 -OO1C -0109
O1 -OO1F -0109
06 -006A -0109
Amount
$ 2,624.00
2,450.00
6,580.00
I
06 -006B -0106 1,800.00
157
06 -006A -0221
06 -006A -0325
06- 006A -399B
400.00
700.00
520.00
$15,074.00
BE IT FURTHER RESOLVED, That this action is taken due to the availability of funds
from the Emergency Employment Act Program.
The above resolution was passed.
MEADOWBROOK DRIVE IN THE MEADOWS SUBDIVISION ADDED TO THE
SECONDARY HIGHWAY SYSTEM
Upon motion made by Raymond Sandy and seconded by Robert Russell,
' BE IT RESOLVED, That Meadowbrook Drive in The Meadows Subdivision be added to the
Secondary Highway System as follows:
Meadowbrook Drive: From Route 1020 (Highlander Road) to Route 1020. Length .36 mi
This street has been constructed in accordance with the Frederick County Subdivision
Ordinance and the Highway Department's policy for width is guaranteed. This right of way is
recorded in Deed Book 363, Page 658, dated May 11, 1970.
The above resolution was passed.
GREEN ACRES EXTENDED SECTION - 75 LOTS - APP
James R. Wilkins submitted a plat for a new section containing 75 lots in Green Acres.
Thi =s plat had been submitted at the November meeting, but was disapproved because of the City
Sewer Plant odor and a lack of recreation area. Mr. Wilkins stated that an area 200' by 300'
had been set aside for recreation and the problem of the City Sewer Plant odor had been
' discussed with City officials. Mr. Wilkins stated that the City was now adding chemicals to
their plant. Mr. Wilkins stated that he did not think there would be any problem with the
odor now. Mr. Bass, Subdivision Administrator, stated that he did not agree and that the
odor was noticeable.
Donald Baughman stated that in view of the new regional plant in the next three or
four years and the participation of the City, that he could see no reason to object to the
plat now.
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does approve the Green Acres Extended
Section of 75 lots.
The above resolution was passed.
GLENSIDE SUBDIVISION - 17 LOTS - APPROVED
' Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does approve the Glenside Subdivision
Plat containing seventeen (17) lots in the Stonewall District.
The above resolution was passed.
LAKESIDE ESTATES, LOTS 7, 8 and 14 - APPROVED
' Upon motion made by Raymond Sandy and seconded by Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does approve Lot 14 in Section B and
lots 7 and 8 in Section C located in Opequon District.
The above resolution was passed.
WILLIAM LEE WHITACRE - SHEEP KILL - PAID
Upon motion made by Thomas Brumback and seconded by Robert Russell, payment was
authorized in the amount of $30.00 to William Lee Whitacre for two (2) ewes killed November
6, 1971,
RECREATION ORDINANCE - ADOPTED
Mr. David Headley presented a statement recommending the passage of the ordinance.
158
Upon motion made by Thomas Brumback and seconded by Donald Baughman,
BE IT RESOLVED, That the Board does approve the Recreation Ordinance follows on
the third reading:
AN ORDINANCE TO ESTABLISH THE FREDERICK COUNTY DEPARTMENT
OF RECREATION AND PARKS AND THE FREDERICK COUNTY RECREATIONAL
PARKS COMMISSION AND TO SET FORTH THE POWERS AND RESPONSIBILITIES
OF EACH
Be it ordained by the Board of Supervisors of Frederick County, Virginia.
Section 1. Pursuant to authority contained in Code of Virginia (1950), Sections 15.1 -271 and
15.1 -272, as amended, the following provisions are set forth.
Section 2. In order to provide for the recreational needs of the people of Frederick County,
the Department of Parks and Recreation is herein created.
Section 3. There shall be a citizen advisory board for recreation and this group shall be
known as the Commission for Parks and Recreation.
Section 4. There shall be nine (9) members on the Commission. One from each county Magisteria
District, appointed by the Board of Supervisors and to serve for four (4) year terms, two (2)
youth members elected by the executive council of the James Wood High School Student
Association each spring to serve one year, and two (2) members appointed by the Commission
itself to serve one year.
Section 5. It shall be the responsibility of the Commission for Parks and Recreation to carry
out the following provisions:
(a) Nominate a candidate to the Board of Supervisors for the position of Director
of Parks and Recreation.
(b) Recommend a comprehensive recreational program to the Board of Supervisors
'(c). Recommend to the Board of Supervisors each year a program budget and revisions
to the County's Five Year Plan.
('d) Adopt procedural by -laws for the operation of the Commission.
Section 6. It shall be the responsibility of the Department of Parks and Recreation to
administrate the following provisions:
(a) Develop and recommend a county -wide comprehensive recreation program.
(b) Administer the comprehensive recreation program as approved by the Commission
for Parks and Recreation and the Board of Supervisors.
(c) Administer and maintain all County Property and Facilities that has been
designated for recreational purposes.
(d) Administer other programs and duties that from time to'time might be assigned
by either the Board of Supervisors, Executive Secretary, or the Commission for
Parks and Recreation.
Section 7. The Department o£ Parks and Recreation shall be administered by a director.
(a) The Director shall be nominated by the Commission for Parks and Recreation and
appointed by the Board of Supervisors to serve their pleasure.
(b) The Director shall be responsible to the Board of Supervisors through the
Executive Secretary.
(c) It shall be the duty of the Director to administer and direct the operation of
the Department as prescribed by the Commission and approved by the Board of
Supervisors.
(d)
The
Director
shall serve
as
Secretary
of
the
Commission
for Parks
and Recreatio
(e)
It
shall be
the duty of
the
Director
to
carry
out those
functions
incidental to
the office and others that might from time to time be assigned by the appropri
u
officials.
159
Section B. Assistant Directors and other-personnel may be appointed by the Director of Parks
and Recreation on a non - partisan basis as authorized by the Board of Supervisors.
Section 9 . Should any section or provision of this ordinance be decided to be invalid or
unconstitutional, such decision shall not affect the validity or of any
other section and provision of this ordinance.
' Section 10. This ordinance shall be in full force and effect-upon its adoption and enactment
by the Board of Supervisors of Frederick County, Virginia.
The ordinance was passed unanimously.
FREDERICK COUNTY RECREATION COMMITTEE - ABOLISHED
' Upon motion made by Robert Russell and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
rescind its action of April 12, 1971, and doestherein abolish the Frederick County Recreation
Committee.
The above resolution was passed.
APPOINTMENTS MADE TO FREDERICK COUNTY COMMISSION FOR PARKS & RECREATION
Upon motion made by Donald Baughman and seconded by Robert Russell,
BE IT RESOLVED, That the Board of Supervisors in accordance with Section3 through
Section 4 of the Frederick County Recreation Ordinance does herein appoint the following
members according to Magisterial District:
Gainesboro District - Rual Anderson _
Opequon District - David Headley
The above resolution was passed.
' $300 ADDITIONAL CONTRIBUTION APPROVED TO FREDERICK- WINCHESTER
HEALTH DEPARTMENT
Dr. A. F. Scheele, Acting Director of the Frederick - Winchester Health Department,
requested the approval of the Board to proceed with the building of an addition to the
existing Health Department. Dr. Scheele explained that a good opportunity existed for
obtaining Hill Burton funds for this project and the additional cost to the County is estima
to approximate $300.00 per year. Dr. Scheele presented a letter from W. L. Seldon, City
Manager, outlining this estimate.
Upon motion made by Thomas Brumback and seconded by Robert Russell,
BE IT RESOLVED, That the County agrees to increase its funding to the Health
Department as long as the present agreement between the County and City is not altered except
for that purpose. The Board goes on record as approving the project and will consider
' amendments to the contract between the County and the City.
The above resolution was passed.
WINCHESTER OUTDOOR ADVERTISING REQUESTED CHANGES IN PROPOSED ZONING ORDINANCE
Douglas Wright, representing Winchester Outdoor Advertising Co., asked the Board to
change the proposed zoning ordinance to allow general outdoor advertising signs in business
' zonings as well as the industrial zonings. He further stated that this ordinance-as designed
goes beyond the state and federal requirements.
The Executive Secretary explained that this proposed ordinance came from the State
Planni4g Commission and this was about the only area changed in the joint session.
TRAILER PERMITS - APPROVED
Upon motion made by Robert Russell and seconded by Raymond Sandy;
BE IT RESOLVED, That the following trailer permits are approved:
Joseph T. Kirby
Marshall O. and Eula J. Brooks
Michael Poling
160
The above resolution was passed.
TAX REFUNDS - APPROVED
Esten Rudolph, Commissioner of Revenue, submitted a request to the Board
recommending a refund of County taxes to the following persons because they were in the
annexed area at the beginning of 1971 and filed in the County and paid both City and County
personal property taxes: Floyd Rollings Miller, James F. Nicholson, John W. Greene, Dale A.
Hoffman and A. Glen Anderson. Mr. Rudolph also recommended a refund to R. P. Anderson for
land assessed which had been sold..
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board of Supervisors does approve a refund of County taxes
to the following persons for the amount indicated:
Floyd Rollings Miller
Route #3, Box 495
Winchester, Virginia 22601
James F,, Nicholson
Route #3
Winchester, Virginia
22601
John W. Greene
Route #3
Winchester, Virginia
22601
Dale A. Hoffman
Box 912
Winchester, Virginia
22601
A. Glen Anderson
Route #4, Box 524
Winchester, Virginia
22601
R. P. Anderson
Gore, Virginia
The above resolution was passed.
$26.40 '
$13.20
$44.00
$13.20
$22.00
$ 9.00
STONEWALL UTILITIES COMPANY - APPROVED
Joseph A. Massie, Jr., Agent and Attorney for Stonewall Utilities Company, presented
a letter to the Board of Supervisors stating, "Pursuant to Section 15.1 -326, Stonewall
Utilities Company, a Virginia Public Service Company, does hereby notify the Frederick County
Board of Supervisors that it plans to construct and operate a sewage treatment plant and
sewerage collection lines and mains on the property of Stonewall Development Company to serve
Hemco Terminals of Virginia, Inc. which corporation is purchasing a - lot or tract of land from
Stonewall Development Company in order to construct a terminal to serve Hemingway Transport
Company which latter Corporation is combining its terminals of Hagerstown, Maryland and
Winchester, Virginia."
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board of Supervisors has no objection to the constructi6n
and operation of a sewage treatment plant and collection lines by the Stonewall Development
Company for the purpose of serving a proposed truck terminal.
BE IT FURTHER RESOLVED, That the proposed system must meet all state and County
requirements.
The above resolution was passed.
SCOTT WHITE. JR. - REZONING APPLICATION - REFERRED TO P.C.
Upon motion made by Donald Baughman and seconded by Robert Russell, the rezoning
application of Harry Scott White, Jr. to rezone property from A -1 to M -1 was referred to the
Planning Commission.
PUBLIC HEARINGS SET - JANUARY 10, 1972
Upon motion made by Raymond Sandy and seconded by Thomas Brumback, the following
J
is hearings will be held January 10, 1972:
� f 161
3:00 P.M. J & P Properties, Inc.
U. S. Route 522
3:15 P.M. Royal Drive -In Theater
Va. Rt. 645
3:30 P.M. S. H. Shackleford
Va. Rt. 642
4:00 P.M. Robert J. Crouse
Va. Rt. 614
The above resolution was passed.
R -1 to R -2
R -1 to B -2
A -1 to R -2
A -1 to A -2
RESOLUTION OF APPRECIATION - HARRY L. MCCANN. TREASURER &.DOROTHY M. RICE
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT HEREBY RESOLVED, That the Board of Supervisors of Frederick County, Virginia,
at its December 13, 1971 regular meeting, on behalf of the citizens of Frederick County,
extend sincere appreciation and gratitude to Harry L. McCann, Treasurer of Frederick County,
Virginia and to Dorothy M. Rice, of the Frederick County Treasurer's Office for their many
years of selfless dedication and outstanding service to the County and Community and wish them
success and happiness in the future,
AND BE IT FURTHER RESOLVED, That the County give to Harry L. McCann and Dorothy M.
Rice a replica of the County Seal.
The above resolution was passed.
RESOLUTION OF APPRECIATION - JUDGE W. E. EDWARDS
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT HEREBY RESOLVED, That the Board of Supervisors of Frederick County, Virginia,
at its December 13, 1971 regular meeting, on behalf of the citizens of Frederick County,
extend sincere appreciation and gratitude to Judge E. Edwards, Judge of Frederick County
Court, for his many years of selfless dedication and outstanding service to the County and
Community and wish him success and happiness in the future,
AND BE IT FURTHER RESOLVED, That the County give to Judge Edwards a replica of the
lCounty Seal.
The above resolution was passed.
E. E. GUNTER - OUT OF POCKET EXPENSES - APPROVED
Upon motion made by Donald Baughman and seconded by Thomas Brumback, the Board does
approve for payment to E. E. Gunter an Affidavit of out of pocket expenses for the period
from January 27, 1971 through October 26, 1971, in the amount of $119.34.
H. C. CHRISTIANSON - EXPENSES - APPROVED
Upon motion made by Thomas Brumback and seconded by Donald Baughman, the Board does
approve for payment the following bills to H. C. Christianson, Operator of the Frederick
County Landfill:
Snow Removal on Plaza Lot $25.00
New Road and Grading around Scale
House - Job for Scales $288.00
LANDFILL TO CLOSE FOR CHRISTMAS
H. C. Christianson stated that the Landfill would close for the Christmas holidays
at 12 noon December 24, 1971 and remain closed for December 25, 1971.
The Board requested Mr. Christianson to advertise in the paper the dates that the
Landfill would be closed.
Mr. Rosenberger expressed appreciation of the Board to the local papers and WINC
and WHPL. He further stated that it had been a pleasure to serve as Chairman of the Board
during the past four years.
Donald Baughman expressed his pleasure to serve over the past four years.
Thomas Brumback stated that he had tried to serve over the past five years to the
162
best of his ability.
Upon motion made by Raymond Sandy and seconded by Robert Russell, the Board recessed
for an Executive Session.
Upon motion made by Raymond Sandy and seconded by Robert Russell, the Board
reconvened.
BOARD REMINDED OF ZONING ORDINANCE HEARING
The Executive Secretary reminded the Board members of the Zoning Ordinance Hearing
on December 20th at 6:30 P. M. He asked the members to have any charyps to be made to the
ordinance brought to his office before the hearing.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN
Secr ary, Board of Supervisors
Chairman, Board of E)ipeN isors
In accordance with Section 15.1 -538 of the 1950 Code of Virginia, as amended, the
Board of Supervisors met-in Special Session at the request of Supervisors J. Robert Russell
and Raymond C. Sandy to consider for Public Hearing and Final reading a proposed Zoning
Ordinance for the County of Frederick. This Special Session was held in the Frederick
County Courthouse.
On December 20, 1971, at 6:30 P.M., Chairman Thomas B. Rosenberger called the meeti
to order.
PRESENT: Thomas B. Rosenberger, Chairman; Donald L. Baughman, Vice - Chairman; J.
Robert Russell, Thomas B. Brumback and Raymond C. Sandy.
Also present at the request of the Board was the Frederick County Planning Commissioi
The Chairman asked the Executive Secretary to bring the people gathered up -to -date
on the zoning action.
The executive Secretary stated that at the last meeting of December 13, 1971, the
Board of Supervisors had the 1st and 2nd reading of the proposed ordinance. This ordinance
had been in the planning stage for eight to ten months and the Board felt the County did need
to up -date the County Zoning Ordinance, and the Board acted to protect the County by enacting
the Emergency Ordinance which did repeal the 1967 Zoning Ordinance. The Board and the
Planning Commission then - proceeded with the development of the proposed ordinance. The pro-
posed ordinance was developed by the Division of State Planning from the Rappahanock
Ordinance. Mr. Alderman stated that the Board had requested legal opinions from various
sources including the Division of State Planning. Therefore, last Friday the Board requested
an opinion from the Commonwealth Attorney, asking "Is the 1967 Ordinance still in effect and
do we need to proceed ?"
At this time, the Executive Secretary asked Mr. Ambrogi, Acting Commonwealth
Attorney, to give his opinion.
Mr. Ambrogi stated that-the Board of Supervisors enacted an Emergency Zoning
Ordinance on October 26, 1971, to be effective for 60 days because the March 13, 1967 Zoning
Ordinance was being contested. Mr. Ambrogi further stated that the Board did adopt the
March 13, 1967 Zoning Ordinance as the Emergency Zoning Ordinance so that the citizens of
Frederick County would not be without a valid zoning ordinance in the event the former
ordinance was declared invalid by the Court.
Chairman Rosenberger asked the opinion of the Board, stating the Board must make a
decision whether to continue with the Public Hearing or rely on the old ordinance and give the
L
people more time to develop a new ordinance.
163
t
Upon motion made by Donald Baughman and seconded by Raymond Sandy,
BE IT RESOLVED, That the Board is of the opinion that the Zoning Ordinance as passed
in 1967 has been and is in full force and effect,
THEREFORE, the Board does.dismiss this Public Hearing on the Proposed Ordinance,
FURTHER, BE IT RESOLVED, That the Proposed Zoning Ordinance be given much more
consideration,
THEREFORE, BE IT FURTHER RESOLVED, That the Proposed Zoning Ordinance be referred
back to the Planning Commission for recommendations.
By a recorded vote with Thomas B. Rosenberger, Donald L.Baughman, J. Robert Russell,
Thomas B._Brumback and Raymond C. Sandy, all voting for, the above resolution was passed.
At this time the meeting was turned over to the Frederick County Planning
Commission who invited opinions from the people gathered for the Public Hearing.
UPON MOTION DULY MADE AND SECONDED. IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
2V
SecIA tary, Board of Supervisors
U
sors
In accordance with Section 15.1 -538 of the 1950 Code of Virginia, as amended, the
Board of Supervisors met in Special Session at the request of Supervisors J. Robert Russell,
and Donald R. Hodgson to organize the new Board and to..take certain actions related to the
Office of Treasurer as requested by the State Auditor.
Secretary.
On January 3, 1972 at 3:00 P.M. the meeting was called to order by the Executive
PRESENT: Raymond C. Sandy, Donald R. Hodgson, J. Robert Russell, Dennis T. Cole,
and Richard F. Madigan.
All the Board Members had been sworn in according to the Code of Virginia, as
The Judge of the Circuit Court waived bonds for the Board as set forth by the Code of
Virginia, as amended.
year.
The Board discussed the establishment of the term of Chairman and Vice - Chairman.
Upon motion of Richard Madigan and seconded by Robert Russell,
BE IT RESOLVED. That the term of Chairman and the term of Vice - Chairman be for one
By a recorded vote with Raymond Sandy, J. Robert Russell, Richard Madigan, Dennis
Cole, and Donald R. Hodgson, all voting for, the above resolution was passed.
ELECTION OF CHAIRMAN - RAYMOND C. SANDY - ELECTED
Raymond C. S ;.ndy was nominated for Chairman by Dennis T. Cole.
Upon motion made by Robert Russell and passed, the nominationa were closed.
By a recorded vote, with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan,
Dennis T. Cole, and Donald R. Hodgson all voting for, Raymond C. Sandy was elected Chairman.
Mr. Sandy took the Chairman's seat.
ELECTION OF VICE - CHAIRMAN - J. ROBERT RUSSELL
It was moved by Richard Madigan that nominations be made in secret ballot. The
motion was seconded by Donald Hodgson, and by.sacrecorded vote with Raymond C. Sandy, J. Robert
Russell, Richard F. Madigan, Dennis T. Cole, and Donald R. Hodgson all voting for, the motion
was passed.
The results of the secret ballot nominations were:
J. Robert Russell - 3
Dennis T. Cole - 2
164 .
Upon motion made by Richard Madigan and seconded by Dennis Cole,
BE IT RESOLVED. That the nomination ballot be taken as the election.
By a recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan,
Dennis T. Cole, and Donald R. Hodgson, all voting for, the above resolution was passed.
CHANGE OF ACCOUNTS
Upon motion made by Mr. Russell and seconded by Richard ,
BE IT RESOLVED, That the depositories change the accounts from the County of
Frederick By Harry McCann, Treasurer to read the County of Frederick By Dorothy Keckley,
Treasurer. The resolution directs the banks of Farmers and Merchants Bank, Commercial and
Savings Bank, Shenandoah Valley Bank, Western Frederick Bank of Gore, and the D. J. Howard I
Vocational School to pay only those checks signed by the outgoing Treasurer bearing dates
prior to January 1, 1972, and checks dated on and after January 1, 1972 when signed by the
incoming Treasurer or a deputy if so authorized. The banks should be requested to send
future statements and paid checks to the new Treasurer.
By a recorded vote, with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan,
Dennis T. Cole, and Donald R. Hodgson all voting for, the above resolution was passed
unanimously.
PERSONAL PROPERTY TAXES - CONTINUED COLLECTION
Upon motion made by Richard Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does authorize the Treasurer to
continue to collect the 1969 Personal Property Taxes.
By a recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan,
Dennis T. Cole, and Donald R. Hodgson all voting for, the above resolution was passed '
unanimously.
CIRCUIT COURT TO APPOINT A TIE BREAKER VOTE
Upon motion of Richard Madigan and seconded by Donald Hodgson,
BE IT RESOLVED, That a request be made to the Circuit Court to appoint a tie breaker
for the Board of Supervisors.
By a recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan,
T. Cole, and Donald R. Hodgson all voting for, the above resolution was passed.
PLANNIG COMMISSION MEMBERS APPOINTED FROM BOARD
Upon motion made by Richard Madigan and seconded by Dennis Cole,
BE IT RESOLVED, That J. Robert Russell be reappointed to-the Lord Fairfax Planning
strict Commission for a four year term.
Upon motion of J. Robert Russell and seconded by Donald Hodgson, '
BE IT RESOLVED, That Raymond C. Sandy be appointed to the Lord Fairfax Planning
strict Commission for a four year term.
By a recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan,
T. Cole, and Donald R. Hodgson all for voting for, the above resolutions were passed. '
CENTRAL PURCHASING AND CENTRAL ACCOUNTING
Upon motion made by Richard Madigan and seconded by Mr. Russell,
BE IT RESOLVED, That a study of central purchasing and central accounting systems
for the County be undertaken,
BE IT FURTHER RESOLVED, That this study be undertaken by the Executive Secretary and
report to the Board of Supervisors on January 10, 1972.
By a recorded vote with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan,
is T. Cole, and Donald R. Hodgson all voting for, the above resolution was passed.
165
ROBERT'S RULES OF ORDER—ADOPTED
Upon mot2onrof.:Riphard Madigan and seconded by Robert Russell,
BE IT RESOLVED, That the Board adopt the Robert's Rules of Order.
By a recorded vote, with Raymond C. Sandy, J. Robert Russell, Richard F. Madigan,
Dennis T. Cole, and Donald R. Hodgson voting.for, the above resolution was passed unanimously.
i COPY_OF AGENDA TO BE GIVEN TO PRESS
Chairman Raymond C. Sandy directed that a copy of the agenda be given to The
Winchester Evening Star, The Northern Virginia Dailey, WINC.Radio, and WHPL Radio the day of
the regular meeting.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
Secr tary, Board of Supervisors Chairma , Boal7d of upe isors
At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia,
held in the Supervisors Room on the 10th day of January, 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T.
Cole, Donald R. Hodgson and Richard F. Madigan.
The minutes of the Regular Meeting held on the 13th day of December 1971, the
Meeting of the 20th day of December 1971 and the Organizational Meeting of the 3rd day of
January 1972 were read and approved.
Mr. Madigan requested the Executive Secretary to present a description of the budget
' transfers which were approved in the meeting of December 13, 1971.
ACCOUNTS PAYABLE
Accounts totaling $43,773.01 were read and approved and ordered to be paid from the
General County Fund by Warrants #8729 through #8818 inclusive. Accounts totaling $693.92 were
read and approved and ordered to be paid from the Dog Fund by Warrants #581 through #592
inclusive.
The accounts payable were approved upon motion made by Dennis T. Cole and seconded
by Richard F. Madigan..
DECEMBER PAYROLL - APPROVED
Payrolls totaling $8,456.02 paid from the General County Fund by Warrants #8711
through #8728 inclusive and payroll totaling $393.66 paid from the Dog Fund by Warrant #580
were read and approved upon motion made by Richard F. Madigan and seconded by Dennis T. Cole.
TOLEDO SCALES - BILL OF $689.99 - APPROVED
Stephen T. Culbert of Toledo Scale Company presented a revised bill of $689.99 for
repairing the scales at the Landfill. He explained to the Board that the repair work was not
a result of their direct installation. Mr. Culbert explained the series of events which held
up the repair work of the scales stating that the scales had been drastically abused and that
there was a grading problem. Mr. Culbert stated that his company had received some criticism
because of the publicity involved and requested the Board to be careful about what they pub-
lished.
The Executive secretary and Chairman Sandy explained that the Board cannot control
what is said at the Board meetings since it is open to the public and press.
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does approve to be
paid the bill from Winchester Toledo Scale Company in the amount of $689.99.
The above resolution was passed unanimously.
166
RESOLUTION TO AUTHORIZE ACCOUNTING SYSTEMS STUDY - APPROVED
The Executive Secretary explained to the Board members that Central Accounting
would give the Board greater management of the County and would cut down on duplication.
The Board members had previously been supplied with copies of the special report on "An
Analysis of the Financial Operations and Systems of Frederick County, Virginia ".for study.
Two representatives of the Auditor of Public Accounts, Systems Division, appeared
before the Board to explain the proposed accounting system and to.answer questions of the
Board members and County officials.
C. R. Campbell, Systems Accountant Supervisor told the Board that Central Accounti
had been in the State for a good number of years, and that as counties became bigger they
required quicker financial results. He further explained that central accounting does not
control away from the Welfare, School Board, etc., but eliminates the detail work.and the
Executive Secretary is then able to give the Board a complete financial picture of the oper-
ations of the County.
Lawrence Ambrogi, Commonwealth Attorney, stated that the establishment of a central
accounting system is in accord with the Virginia Code.
Upon motion made by Richard Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors in accordance with
Section 2.1 -167 of the Code of Virginia (1950), as amended, does herein request the Auditor
of Public Accounts to conduct a study of the County's accounting systems and present to this
Board recommendations for the establishment of a centralized system of accounts.
BE IT FURTHER RESOLVED, That the Executive Secretary be authorized to sign an agree -I
ment with State Auditor's Office for the accomplishment of this resolution.
By recorded vote with Richard F. Madigan, J. Robert Russell and Raymond C. Sandy
voting "for ", with Dennis T. Cole Voting "against" and Donald R. Hodgson "abstaining ", the
above resolution was passed.
EXECUTIVE SECRETARY'S REPORT
Elizabeth S. Glass - Appointed Deputy Secretar
The Executive Secretary stated that in order to resolve the problem of signing
actions of the Board and other matters that come up from time to time it is recommended that
Mrs. Glass be appointed Deputy Secretary of the Board of Supervisors. This will not carry the
same authority as Deputy Executive Secretary.
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors does herein appoint Elizabeth S. Glass
as Deputy Secretary to the Board of Supervisors,
BE IT FURTHER RESOLVED, That it shall be the general duties of this position under
the supervision of the Secretary to the Board to execute the following provisions as stated
in the Code of Virginia as amended, Section 15.1 -117: Subsection 1, Subsection 2, Subsection
3, Subsection 5 and Subsection 7.
The above resolution was passed.
Frederick County Commission for Parks and Recreation - 3 Appointments Made
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors in accordance with Section 3 through
Section 4 of the Frederick County Recreation Ordinance does herein appoint the following
members according to Magisterial District:
Back Creek . . . . . . . . . . . . . James Keith Lupton
Stonewall . . . . . . . . . . . . . . John L. Scipione
Shawnee . . . . . . . . . . . . . . . George W. Walters
The above resolution was passed.
167
Planning Commission - 2 A
is Made
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does herein appoint the following
members to the Frederick County Planning Commission to serve a four term:
Stonewall . . . . . . . . . . . . . Manuel C. DeHaven
Board of Supervisors. . . . . . . . Richard F. Madigan
The above resolution was passed.
Parking Space Assignments - Approved
The Executive Secretary presented an employee parking regulation for approval stat-
ing it is felt that it is necessary to establish a general policy governing the use of the
parking lots by employees, and thus open the plaza to more use by the general public..
:Upon motion made.by Richard F. Madigan and seconded by J. Robert.Russell,
BE IT RESOLVED, That the following administrative regulation be approved:
Article 10 -1 -1 Employee Parking
Section 1 -1 : Reserved Parking Spaces
The reserve parking next to the County Office Building should be assigned to depart-
ment heads. The following such assignments are made:
1:. Treasurer
2. Commissioner of Revenue
3. Clerk of the Court
4. County Judge
5. Executive Secretary
6. Commonwealth's Attorney
7. Director - Engineer Sanitation Authority
8. Judge of the Circuit Court
Section 1 -2 : Plaza Parking Permits
The following officials are permitted limited parking on the plaza:
John Wolfe
Marshall Glass
Pauline Baccary
Roy Jennings
Chester Litten
Section 1 -3 : General County Employees
All remaining employees of tle County shall be responsible for their own parking
and may rent spaces from the County at the rate of $5.00 per month in.the parking lot behind
the Citgo Station. But under no provision will an employee unless otherwise provided for,
park on the Plaza during working hours.
The above resolution was passed.
M. B. RITENOUR - EWE.KILLED - PAID
Upon motion made by Richard F. Madigan and seconded by Jr. Robert Russell, payment
was authorized in the amount of $15.00 to M. B. Ritenour for one (1) ewe killed December 11,
1971.
RALPH WAKEMAN - HOG KILLED - PAID
Upon motion made by Richard F. Madigai and seconded by J. Robert Russell, payment
was authorized in the amount of $30.00 to Ralph Wakeman for one (1) hdg killed December 22,
1971.
JOE MANUEL - 8 EWES KILLED - PAID
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, payment
s authorized in the amount -o£ $160.00 to Joe Manuel of Gainesboro for eight (8) ewes killed
(assessed at.$20.00 each) between December 29, 1971 and January 9, 1972.
HARRY RITENOUR - LAMBS.KILLED - PAID . . . .
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, payment '
vas authorized in the amount of $45.00 to Harry Ritenour of Stephens City for three (3) lambs
tilled April 7, 1971.
ROBERT BOYCE - PAY RAISE - APPROVED
Harold Whitacre, Dog Warden, requested that the Board increase Robert Boyce's salary I
from $60.00 a month to $4.00 per day. Mr. Boyce feeds the dogs at the Dog Kennel and helps
the grounds up.
Upon motion made by J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Frederick County Board of Supervisors does approve to pay
rt Boyce four dollars ($4.00) a day for feeding the dogs at the Frederick County Dog
nel and for maintenance.
The above resolution was passed.
JAIL STUDY - APPROVED
Sheriff Lacy Anderson gave -a report to the Board stating that the Jail was getting
cramped for space and that an addition to the Jail was needed.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Frederick County Board of Supervisors does approve a study
of the Jail to be made by the Department of Welfare and Institutions. '
The above resolution was passed.
JAIL VISIT PLANNED BY BOARD
Dennis T. Cole suggested that the Board should review the jail situation as a group.
nd Sandy suggested that the Board meet one hour early at 6:30 P.M. at their night meeting
n January 24, 1972 to go through the jail.
The Board agreed to do this.
TRAILER PERMITS - APPROVED
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the following trailer permits are approved:
Ward Leroy Gibson
Richard R. Peacemaker
E. 0. Rudolph, Jr. '
John Slonaker
Charles and Lea£a Whetzel
The above resolution was passed.
DARVILLE SUBDIVISION - SECTION 2 APPROVED ,
Upon motion made.by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does approve Section
2 of Darville Subdivision containing thirty -five (35) lots with lot 120 being reserved as a
recreation area.
The above resolution was approved.
169
REPORTS APPROVED
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, the
lo£ L. H. Anderson, Sheriff of Frederick County; Harry L. McCann, Treasurer; H. C. Christianson
Landfill Operator; Harold Whitacre, Dog Warden, H. C. Crowder, Resident Engineer and Charles
IlBass, Subdivision Administrator were.approved.
SHERIFF'S REPORT
Sheriff L. H. Anderson appeared before the Board to give his report stating that
1
This department had made traffic checks on County stickers during the month of December spend-
ling 55 hours over a 23 -day period. Seventeen violations were written.
ROAD REPORT
H. C. Crowder, Resident Engineer for the Highway Department stated that he had
nothing specific to report. At this time several members of the Board had questions for
IMr. Crowder to answer.
H. C. Christianson, Operator of the Frederick County Landfill gave his report noting
Ithat tonage received at the Landfill for the month of December amounted to 2,362 tons 810 lhs.
IMr. Christianson reminded the Board that the Landfill was open 7 A.M. to 5 P.M. on weekdays
land 7 A.M. to 2 P.M. on Saturdays.
BE IT RESOLVED, That the Frederick County Board of Supervisors does approve the
following cutoff procedure to be used at the Frederick County Sanitary Landfill:
Article 9 -1 -1 Landfill Delinquent Users - Cutoff Procedure
Section 1 -1 : The purpose of this regulation is to set forth an organized format concerning
delinquent bills, and approved exceptions for the Frederick County Sanitary Landfill. It is
the intent that these regulatory guidelines will make the operation and management of the
Sanitary Landfill more effective.
Section 1 -2
Lists of delinquent bills shall be printed monthly by the Department of Data
Processing and certified by the Treasurer.
A. Delinquent bills shall be defined as a bill not paid in full by the first of
the month following the month the statement is issued.
B. A list comprising of active delinquent users and a separate list of inactive
users that have not paid delinquent bill for whatever reason will be printed.
C. These delinquent lists will be made available to the Executive Secretary, the
Landfill Contractor, the Landfill Employee at the Scale House, and the Treasurer
of Frederick County.
D. When a hauler, who has a delinquent bill, approaches the Sanitary Landfill he
will be turned away until that hauler presents a proper receipt from the Trea-
surer of Frederick County indicating that the bill has been paid or until that
hauler presents an extension permit issued to him by the Executive Secretary.
Section 1 -3 : The following is the set procedure for ascertaining a permit for exception:
A. The request for exception is made by the Hauler in person, to the Executive
Secretary.
B. The request for exception is either granted or denied within twenty -four hours.
If the request for exception is granted:
A. A permit will be filled out and issued which will contain the following infor-
mation, name of the hauler, name of the business hauling for, the time extension)
grantedrfromc'(date) to (date), reason for the extension, signature and date
signed by the authorizing person, and the permit number.
LANDFILL
DELINQUENT
USERS -
CUTOFF PROCEDURE
- PASSED
Upon
motion made by
Richard F.
Madigan
and seconded by
Donald R.
Hodgson,
BE IT RESOLVED, That the Frederick County Board of Supervisors does approve the
following cutoff procedure to be used at the Frederick County Sanitary Landfill:
Article 9 -1 -1 Landfill Delinquent Users - Cutoff Procedure
Section 1 -1 : The purpose of this regulation is to set forth an organized format concerning
delinquent bills, and approved exceptions for the Frederick County Sanitary Landfill. It is
the intent that these regulatory guidelines will make the operation and management of the
Sanitary Landfill more effective.
Section 1 -2
Lists of delinquent bills shall be printed monthly by the Department of Data
Processing and certified by the Treasurer.
A. Delinquent bills shall be defined as a bill not paid in full by the first of
the month following the month the statement is issued.
B. A list comprising of active delinquent users and a separate list of inactive
users that have not paid delinquent bill for whatever reason will be printed.
C. These delinquent lists will be made available to the Executive Secretary, the
Landfill Contractor, the Landfill Employee at the Scale House, and the Treasurer
of Frederick County.
D. When a hauler, who has a delinquent bill, approaches the Sanitary Landfill he
will be turned away until that hauler presents a proper receipt from the Trea-
surer of Frederick County indicating that the bill has been paid or until that
hauler presents an extension permit issued to him by the Executive Secretary.
Section 1 -3 : The following is the set procedure for ascertaining a permit for exception:
A. The request for exception is made by the Hauler in person, to the Executive
Secretary.
B. The request for exception is either granted or denied within twenty -four hours.
If the request for exception is granted:
A. A permit will be filled out and issued which will contain the following infor-
mation, name of the hauler, name of the business hauling for, the time extension)
grantedrfromc'(date) to (date), reason for the extension, signature and date
signed by the authorizing person, and the permit number.
170
B. A carbon copy of all issued exceptions will be kept on record in the Executive
Secretary's Office.
C. The hauler must give the'issued permit to the Employee in charge of the scale
house at the Sanitary Landfill. This permit shall be retained by the Landfill
Emp16ye6. ,
D. The accumulated permit - s will be returned to the Executive Secretary's Office
once a month or at any time requested by the Executive Secretary.
E. Permits of this nature are good for a period not exceeding thirty (30) days.
Section 2 -1 : This is a provision to cut off specified users'o£ the Sanitary Landfill which is
deemed necessary for any reason except delinquent bills, by the Executive Secretary. When such '
a cutoff list is established the following will be the set procedure:
A. The last of cut off users will be established and printed in the' Executive
Secretary's Office.
1 2 B. This list shall be made available to the Landfill Operator,the Landfill Employee
at the Scale House, the Executive Secretary, and to any other person that is
involved in the cutoff.
C. Users which are on this cutoff list shall be turned away from the Sanitary Land-
fill unless that user has obtained a permit for exception as set forth in
Section 3.
D. Cutoff'list as set forth in this section'will be used only for violation 6f
operating procedures at the Landfill.
E. Persons so cut off shall be given five (5) days notice in writing unless the '
violation is a direct hazard.
The above resolution was passed.
R. P. SAGER - TAXES EXONERATED - LAND TO BE DEEDED TO STAR TANNERY FIRE COMPANY
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does approve to
exonerate from the payment of back taxes in the amount of 676.08 on approximately three-
quarters (3/4) of an acre of land located near Star Tannery and owned by R. P. Sager with the
provision that the land be deeded to the Star Tannery Eire Company,
BE IT FURTHER RESODVED, That these taxes of 676.08 are not to be exonerated until
the Star Tannery Fire Company has accepted the property.
The above resolution was passed.
AMENDMENT TO COUNTY TAG ORDINANCE - SECOND READING - APPROVED
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, '
BE IT RESOLVED, That the Board does approve the second reading of the amendment to
the County Tag Ordinance by title,
AN ORDINANCE TO AMEND AN ORDINANCE PASSED AUGUST 10, 1970
EMPOWER THE COUNTY OF FREDERICK, VIRGINIA, TO LEVY AND '
ASSESS TAXES AND CHARGE LICENSE FEES UPON MOTOR VEHICLES,
TRAILERS, AND SEMITRAILERS: LIMITATIONS OF AMOUNT; DIS-
POSITION OF REVENUE; REQUIRING EVIDENCE OF PAYMENT OF
PERSONAL PROPERTY TAXES; PROHIBITING DISPLAY OF TAGS
AFTER EXPIRATION; PUNISHMENT FOR VIOLATION; IN ACCORD-
ANCE WITH THE PROVISIONS SET FORTH IN SECTION 46.1 -65
OF THE CODE OF VIRGINIA, 1950, AS AMENDED.
The above resolution was passed.
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PUBLIC HEARING SET FOR COUNTY TAG ORDINANCE - FEBRUARY 23, 1972 AT 7:45 P.M.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, a Public
Hearing was set for the County Tag Ordinance in the Frederick County Court House on February
23, 1972 at 7:45 P.M.
': FREDERICK COUNTY, BOARD OF.SUPERVISORS MEETING DATES SET
' Upon motion made by Richard F. Madigan and seconded by JenRdbert Russell, ".mac
in._ -BENT RESOLVED.; -.That the C mee: tings iof.the: County - Board of Supervisors be
changed to:the. "following schedule:
s
Regular Day Meeting - Second Wednesday of each month at the following time and place:
1:00 P.M. to 5:00 P.M. - Board Room
7:00 P.M. to close - Court House
Regular Night Meeting - Fourth Wednesday of each month at the following time and place:
7:30 P.M. to close - Board Room
The above resolution was passed.
PUBLIC HEARINGS
J & P Properties, Inc. - R -1 to M -2 - Approved
J. Randolph Larrick, counsel for the petitioners, told the Board that a warehouse
60 feet by 200 feet was planned for construction on this property. Mr. Larrick stated that
J & P Properties was willing to grant a request by Garber for a 500 feet buffer zone to sepa-
rate the proposed warehouse from the Garber land, where construction of apartments is planned.
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board accept the recommendation of the Planning Commission
and does approve to rezone 31.625 acres, located in Shawnee Magisterial District, on the East
side of U. S. Route 522; bounded on the North by land of Garber, on the West by the land of
Bailey, on the South by the lands of Taylor (formerly), Golladay and Clark; from Residential
R -1 to Industrial M -2,
BE IT FURTHER RESOLVED, That this approval is granted subject to the inclusion of
a 500 foot buffer zone.
The above resolution was passed.
J. T. Solenberger and W. E. Bridge£orth, t -a Royal Drive -In Theater - R -1 to B -2 - APPROVED
No one was present for or against this rezoning petition.
Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board accept the recommendation of the Planning Commission
and does approve to rezone 43� acres more or,less, located in Shawnee Magisterial District,
' East of U. S. Route 522; bounded on the-East by the land of Lages, on the East and South by
the land of the Winchester Municipal Airport, on the South by the lands of P. G. Anderson,
C. L. Jenkins, Nicholson and R. F. Beaver and on the West by the lands of W. L. Golladay and
J & P Properties, Inc..; from Residential R -1 to Business B -2.
' The above resolution was passed,
S. Herbert Shackle £ ord - A -1 to R -2 - Approved
George Shanks, counsel for the petioners, presented plans and pictures of the pro-
posed Lakeview townhouses to the Board members.
Appearing against the rezoning petition was Gary Lofton, homeowner in Lakeside
Estates, who presented a petition containing eleven (11) signatures out of thirty -one (31)
families residing in.Lakeside Estates. Mr. Lofton stated that the homeowners had bought in
the area because they thought it would remain rural. Mr. J. A. McCormick also appeared
against the petition. After a lengthy discussion with both sides presenting their views, the
Board of Supervisors went into Executive Session upon motion of Richard F. Madigan and
seconded by J. Robert Russell.
172 1
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, the Board
returned to its Regular Meeting.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board accept the recommendation of the Planning Commission
and does approve to rezone 30 acres more or less located in Opequon Magisterial' District North
of Route 642, surrounded by Shackleford's other land, from Agricultural A -1 to Residential R -2.
The above resolution was passed by recorded vote with Donald R. Hodgson, Richard F.
Madigan and J. Robert Russell voting for and Dennis T. Cole abstaining.
Robert J. Crouse - A -1 to A -2 - Disapproved
Mr. Crouse explained to the Board that he planned to construct a general store and
gift shop and in the event this was not successful, he planned to convert the facility into
a home.
Douglas Swift, attorney for landowners in the area, appeared against the petition
stating that the construction was not necessary and would serve no useful purpose.
Upon motion made by J. Robert Russell and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board does accept the recommendation of the Planning
Commission and does deny the petition.
The above resolution was passed.
JAMES W. GOLLADAY - REPORT PRESENTED OF PLANNING COMMISSION FOR CY 1971
James W. Golladay, Chairman of the Frederick County Planning Commission, gave the
following report on the accomplishments of the Planning Commission for the CY 1971:
Report of Work Accomplished by the Frederick County Planning Commission for
Calendar Year 1971 as Prepared by your Chairman from Memory and not Authorized by
Planning Commission
In late 1970 your Planning Commission recognized the need of updating the zoning
ordinance together with various maps related to zoning and requested authority from the Board
of Supervisors to proceed with this work and upon authoriztion, contacted the Division of
State Planning and Community Affairs for assistance in this work. Mr. Robert Shumate was
assigned to assist in this study at no cost to the County.
In early 1971 we began study of the first step which was a comprehensive plan for
the County. This report is now completed and was published in May 1971, and your Planning
Commission will recommend same to the Board of Supervisors for adoption.
We next began study of a land use map and the new one is now completed and in the
l office of Mr. Roy Jennings and your Planning Commission will recommend this map for adoption.
We next prepared a new zoning map for the entire County which is now completed and
is in Mr. Jenning's office and your Planning Commission will recommend same to the Board of
Supervisors for adoption.
We have had prepared, various blank forms such as zoning applications, zoning
and all other applications and reports deemed necessary in relation to zoning.
The final study was to prepare a new zoning ordinance which was presented to the
Board of Supervisors and which passed on first and second reading at a joint meeting of the
Board of Supervisors and Planning Commission. At a joint public hearing on December 20, this
new ordinance was referred back to the Planning Commission for further study. At this meeting
your Planning Commission received recommendations from Executive Secretary for consideration
as well as a request from a group of citizens and businessmen in regard to advertising signs.
For your information, this ordinance was considered during the entire year and the Planning
Commission realizes that it is not perfect in every respect. It is what we feel is needed for
orderly development of the County. However, it may be amended at any time in the future,
after adoption.
F - 7
L
173
. _Your Planning Commission now requests authorization from the Board of Supervisors
to proceed with preparation of a new ordinance after considering the changes as requested.
In studying the above, we find the following necessary with respect thereto:
First: The appointment of a new Secretary of the Planning Commission, as Mr. Don Krueger, who
has been as Secretary, has submitted hisresignation effective December 31, 197
Second:. Appropriation of necessary funds for preparation and mounting of permanent maps
which appropriation will be requested in new budget.
Third: Strict enforcement of all zoning ordinances, as any number of violations have been
reported within the past year.
FOURTH: Your Planning Commission solicits any recommendations and amendments to the above and
requests that same be in written form from your Secretary.
Respectfully Submitted:
James W. Golladay, Chairman (Signed)
Frederick County Planning Commission
ZONING ORDINANCE STUDY TO BE CONTINUED - APPROVED
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Frederick County Board of Supervisors does approve to
continue with the study of the Zoning Ordinance.
The above resolution was passed.
UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
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Sec r tary, Board of Supervisors
Chair a , Board of Super isors
At the Regular Night Meeting of theaBoard of Supervisors of Frederick County, Virgini
held in the Supervisors Room on the 24th day of January 1972.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Chairman; Dennis T.
Cole, Donald R. Hodgson, and Richard F. Madigan.
At 7:30 P.M. Chairman Raymond C. Sandy called the meeting to order and upon recom-
mendation of the Executive Secretary dispensed with the reading of the minutes of the Regular
Meeting of January 10, 1972 until February 9, 1972.
ROAD VIEWERS TO BE SELECTED AT FEBRUARY 9TH MEETING
Chairman Sandy reminded the Board members to have their selection ready for Road
Viewers at the next Regular Meeting.
LETTER READ TO THE B 0 ARD REGARDING TIE - BREAKER FOR THE BOARD
The Executive Secretary read a letter from Judge Robert K. Woltz stating that he
and Judge Marshall would appoint a tie - breaker for the Board as promptly as possible and that
they would give thorough consideration before selection of an appointee.
PLANNING COMMISSION REFERRALS
Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does refer the
following Rezoning Petitions to the Frederick County Planning Commission:
Smith's Terminal Corporation B -2 to M -2
Wilson Terminal Corporation B -2 to M -2
The above resolution was passed.
FIVIMMOIN
n
FORMATION ACT — TABLE]
The Executive Secretary read a letter from Jack F. Davis, General Manager of the
Winchester Evening Star, asking the Board for a statement saying, "whether the Freedom of
Information act now on the books has thwarted in any way the legislative process locally."
3,
174 1
After a brief discussion and a recommendation by Richard F. Madigan, the matter -was
tabled until the next Regular Meeting.
DENNIS T. COLE PRESENTED REPORT ON THE LANDFILL TO THE BOARD
Dennis T. Cole presented a report on the Frederick County Landfill and on similar
operations in Fairfax and Prince William Counties. Mr. Cole passed around pictures of the thre
countys landfill operations for comparision. Among his various recommendations, Mr. Cole
stated that the County needed to have a charge by the yard in case of an emergency. He, also,
suggested, that the County could operate the Landfill with three employees.
Mr. Cole asked several citizens present and who lived in the vicinity of the Landf
to give a report. Each complained of smoke and odor coming the Landfill.
The Executive Secretary pointed out that the County could run the Landfill cheaper
than a private operator.
Mr. Cole stressed that the Landfill needed to be covered at the end of each day and
that open burning would have to be stopped to conform with State law.
Mr. H. C. Christianson, operator of the Landfill, stated that he had taken over a
burning dump and had really worked hard to improve the situation.
DON KRUEGER APPOINTED TO MAKE STUDY OF LANDFILL
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does herein appoint Don Krueger to
make a complete study and report of the Landfill.
The above resolution was passed.
COUNTY TO PROCEED WITH NEGOTIATIONS WITH WINCHESTER TO PURCHASE
LAND FOR A FUTURE LANDFILL - APPROVED
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors does authorize the Executive Secretary
to proceed with negotiations with Winchester for joint ownership of about 300 acres of land
purchased by Winchester, with the County's share of the price to be $22,500.
The above resolution was approved.
PRE- BUDGET REPORT PRESENTED TO THE BOARD
The Executive Secretary presented a Special Pre - Budget Report to the Board. The
Executive Secretary stated that based on this report that he recommended that work begin on
the utility tax.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board does approve that the County continue the study of
the utilities tax together with a comparative study of real estate tax rates in surrounding
counties and in Frederick.
The above resolution was passed.
MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
ary,
sors Chairman Board o pvllisors
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