Loading...
HomeMy WebLinkAboutNovember 12, 1992 Regular Meeting 135 A Regular Meeting of the Frederick County Board of Supervi- sors was held on November 12, 1992, at 6:00 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, virginia. PRESENT: Richard G. Dick, Chairman; W. Harrington Smith, Jr., vice-Chairman; James L. Longerbeam; Robert M. Sager; Beverly J. Sherwood and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Ewart wyle of the First Christian Disciples of Christ Church. ADOPTION OF AGENDA Upon motion made by W. Harrington smith, Jr., seconded by Beverly J. Sherwood, the agenda was adopted as presented. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA - APPROVED Mr. Riley suggested that the following tabs be approved under the consent agenda: Tab B - Memorandum: Office Hours for 1992 Holiday Season; Tab F - Subdivision Request - Jacob Moreland Subdivision; Tab G - Road Resolution - Fort Collier Road; Tab J - Activity Report - October 16-31, 1992; and Tab K - Personnel Committee Report. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above tabs were approved under the consent agenda. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye PRESENTATION OF MONTHLY AWARD 136 Mr. Jim Longerbeam asked Mrs. Kathy Nerangis to come forward at this time. Mr. Longerbeam presented the board award for the month of November to Kathy and Nicholas Nerangis for their outstanding accomplishments and contributions to improve the quality of life of the citizens of Frederick County through meaningful involve- ment in countless community programs and projects. Mrs. Nerangis thanked Mr. Longerbeam and the board for this award stating that it was very much appreciated, and she was sorry that Nick could not be present. CITIZEN COMMENT - NONE APPROVAL OF MINUTES - OCTOBER 14. 1992 Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes of the board meeting of October 14, 1992 were approved as submitted. The above motion was passed by the fOllowing recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye PRESENTATION TO EMPLOYEE OF THE MONTH - MARK L. LEMASTER Mr. Smith asked Mr. Mark LeMaster to come forward at this time to receive his award for being named employee of the month. Mr. smith read the resolution presented to Mr. LeMaster. BOARD SETS SCHEDULE FOR OFFICES FOR CHRISTMAS HOLIDAYS APPROVED UNDER CONSENT AGENDA All county offices will observe the following schedule for the Christmas Holiday. The state will likewise observe the same schedule: Thursday, December 24, 1992, Christmas Eve - Offices will close at l2:00 Noon. Friday, December 25, 1992, Christmas Day - Offices Closed. Office hours for New Year's has not yet been decided. JEAN SNIDER APPOINTED TO CHAPTER 10 BOARD TO FILL UNEXPIRED TERM OF TODD CONNOR Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., Jean Snider was appointed to the Chapter 10 Board. Said term to commence on this date and expire on Ir> 137 December 31, 1993. This is to fill the unexpired term of Todd Connor. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the above appointment of Jean Snider to the Chapter lO Board was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye C. BRYANT NICKERSON APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, C. Bryant Nickerson was appointed to the Industrial Development Authority, said term to expire on Novem- ber 10, 1996. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood Aye Charles W. Orndoff, Sr. - Aye GENE DICKS REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., Gene Dicks was reappointed to the Industrial Development Authority. Said term to expire on November la, 1996. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye THREE CITIZEN NAMES SUBMITTED TO JUDGE PERRY FOR CONSIDERA- TION OF APPOINTMENT TO THE BOARD OF ZONING APPEALS Mr. Sager stated that he had three names that he would like to submit to Judge James Berry for his consideration for ap- pointment to the Board of Zoning Appeals. They are: Sylvester H. N. Zumbrun, Jack Shiley, and Harold Nichols. Upon motion made by Robert M. Sager, seconded by W. 138 Harrington Smith, Jr., the above names are to be submitted to Judge James Berry for his consideration for appointment to the Board of zoning Appeals. Mr. James F. Garrett is currently serving in this capacity, and his term will expire on December 31,1992. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING DATE ESTABLISHED FOR PLANNING COMMISSION ITEMS The public hearing date requested to hear the following planning commission items is December 9, 1992. 1. An amendment to the Frederick County Code, Chapter 21 zoning Ordinance, Article IX,. section 9-1-1, to allow restaurants in the B-1, Neighborhood Business, district. 2. An amendment to the Frederick county Code, Chapter 21 Zoning Ordinance, Article III, to create section 3-23 to provide use regulations for restaurants in the B-1, Neigh- borhood Business, district. Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., December 9, 1992, was established as the date for public hearing of the above code amendments. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BRENDA DIEHL. GYPSY MOTH COORDINATOR. ADDRESSED BOARD RE: 1993 TREATMENT PROGRAM Mrs. Brenda Diehl, Gypsy Moth Coordinator, appeared before the board at which time she presented a slide program of gypsy moths and the different areas of the county that had been affected by these moths. She further explained that 9,000 acres are scheduled for treatment next year. Mrs. Sherwood thanked Ms. Diehl for this presentation and also for all her hard work in providing the gypsy moth program to the citizens of Frederick County. 139 Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff, Sr., the gypsy moth program as outlined by Mrs. Diehl for 1993 is hereby approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye SUBDIVISION REQUEST - JACOB MORELAND SUBDIVISION - APPROVED UNDER CONSENT AGENDA ROAD RESOLUTION - FORT COLLIER ROAD - APPROVED UNDER CONSENT AGENDA BE IT RESOLVED, that the Virginia Department of Transporta- tion is hereby requested to add the following roads to the Secondary System of Frederick County pursuant to Section 33.1 - 229 of the Code of Virginia, 1950, as amended: FORT COLLIER ROAD (60' & variable right-of-way) From: To: Length : Route 712 Route 1200 1,906.75' or 0.36 mile and as depicted in Deed Book 787, Page 0621, and certified on November 4, 1992. The total length of the addition is 1,906.75' or 0.36 mile. BE IT FURTHER RESOLVED that in order to provide route number continuity in the area, the Department of Transportation requests, and the Frederick County Board of Supervisors does hereby agree, to renumber a section of Route 712 to Route 1322; from the north corporation limits of the City of Winchester to 0.03 mile north, for a total distance of 0.03 mile. This is requested in accordance with the policy set forth by the Common- wealth Transportation Board. BE IT FURTHER RESOLVED that the Board of Supervisors does guarantee to the Commonwealth of Virginia an unrestricted right of way of 60' & variable as described in the above referenced Deed Book and Page number, with the necessary easements for cuts, fills and drainage. ROAD NAME CHANGE REQUEST RECOMMENDATIONS - APPROVED ROAD NAMING COMMITTEE The Frederick County Road Naming Committee is continuing to review road name change requests on a monthly basis. The committee submits the following recommendations for action by the Board of Supervisors: Recommendation for Approval: The following road name requests have met the requirements set forth by the Board and the Road Naming Committee feels that these changes would assist in clarifying street addressing: 1. FROM: TO: Barny Lane Baileys Ford Lane 140 TO: Hunting Ridge Road, - portion of Rt. 681 north of Brush Creek Three Creeks Road 2. FROM: 3. FROM: TO: No Name Road 40-1 Grannies Lane 4. FROM: TO: Greenfield Circle Greenfield Avenue 5. FROM: TO: stone Ridge Circle stone Ridge Court 6. FROM: TO: Chipmonk Court Whiskey Bottom Court 7 : FROM: TO: Ragtown Court LaRue Lane 8. FROM: TO: ungerwood Court Little Pond Lane Road Naminq Policy The committee recommends that the Board of Supervisors set as part of the Road naming policy... "Road names shall not include the state Route number of portion of the State Route designation as part of whole of the name to be assigned." The committee members feels that this will reduce confusion for dispatching of emergency response. Case in point... the committee is currently reviewing a request for road name changes from Fairfax Pike to Route 277. It is possible that an address such as "277 Route 277" or "267 Route 277" could be issued. When using route numbers as part of addressing, the numbers become mixed and confused, mistakes occur and responders could be sent to the wrong location. support material for the recommendations is attached to this memorandum. If you have questions or require more informa- tion, please contact the Planning Department. Upon motion made by W. Harrington Smith, Jr., seconded by Beverly J.Sherwood, the above road name change requests and policies were approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye GEORGE P. COUSSOULOS PROPERTY - DIVISION OF LAND REOUEST APPROVED 141 Mr. Wayne Miller, zoning Administrator, presented this information and request to the board and explained that the plat in question is being proposed for a division of a 28.3152 acre tract of Rural Area (RA) zoned land owned by Mr. George P. coussoulos. The parcel has road frontage of 23 feet on Route 608 which is where the property is now accessed. The proposal meets all the requirements of the zoning Ordinance, but would be in violation of one item in the Subdivision Ordinance. The county's Subdivision Ordinance, Section 4-16-3.2, requires a 50' right-of-way width for a shared private driveway which is what is required in this case. Relief from this requirement requires Planning Commission recommendation and Board of supervisors' ruling. Mr. Miller further explained that Mr. Coussoulos has offered to buy, trade equal amounts of land and to otherwise compensate the adjoining property owners for the right to establish the required right-of-way, and that county employees have also tried to assist in getting the adjoining property owners to allow a right-of-way across their land, but to no avail. The purpose of this division is to divide this tract into two parcels since Mr. Coussoulos has been able to find two "perk" sites on the tract. This tract will probably never be divided further since no additional "perk" sites could be found and the owner is willing to commit to stipulating that this land will not be further divided. Should two more lots be divided from this parcel, a state maintained road would have to be built to serve all of these lots. The proposed plat clearly indicates the establishment of a 50' right-of-way from parcel "A" to the boundary of the adjoin- ing property where the Coussoulos property narrows to less than 50 feet. Mr. Miller stated that the planning department staff recommends approval in order to allow the land division as depicted with the stipulation that the parcels cannot be further divided unless the required right-of-way is obtained. This 142 stipulation shall be reflected on the final plat so as to become a part of the recorded instrument. He further noted that the Planning commission also recommended approval at their meeting of November 4, 1992, provided that staff recommendations are complied with. Mr. Coussoulos was present on behalf of his request. Upon motion made by Charles W. Orndoff, Sr., seconded by Beverly J. Sherwood, the above requests of Mr. George P. Coussoulos was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye ACTIVITY REPORT - OCTOBER 16-31. 1992 - APPROVED UNDER CONSENT AGENDA PERSONNEL COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Personnel Committee met on Wednesday, November 4, 1992, at 8:30 A.M. in the Personnel Department Conference Room with the following members present: James L. Longerbeam, Chairman, Beverly Sherwood, Colleen Bly, Ralph Lewis, John Riley, Steve Owen and Ann Kelican. The committee submits the following report and recommenda- tions to the Board of Supervisors for consideration: EMPLOYEE OF THE MONTH FOR DECEMBER The Committee reviewed the nominations for the Employee of the the Month for December 1992. The selected employee and supporting documents are attached under separate cover for consideration by the Board of Supervisors. REOUEST FOR PROMOTION The Assistant County Administrator requested approval to promote Donna B. Holliday, Custodian, Range 5, to the vacant Building Maintenance Mechanic position Range ll. The Committee recommends approval of this request. LEGAL OPINION RE: CONTRACTUAL EMPLOYEES The Committee reviewed the attached legal opinions from the Commonwealth's Attorney and recommends that those employees who 143 are working under contract for the Division of Court Services and the Public Works Department be placed on the part-time payroll. The Committee further recommends that contractual employees in the Parks and Recreation Department be reviewed on a case by case basis and classified accordingly. To comply with this recommendation funds need to be appro- priated and/or transferred as follows: a. Division of Court Services: Transfer funds in the amount of $1,983 from Line Item 2109-3010-00 to Line Item 2109-2001-00 (FICA) and $l6,000 from Line Item 2109-3010-00 to Line Item 2109-1003-02 (Salaries) for FY 92-93. b. Public Works Department: Appropriate funds from general fund balance in the amount of $1,790 to Line Item 4203-3003-00 (Salaries) and $4,973 to Line Item 4203-2001-00 (FICA) (Total appropriation ($6,763) SHERIFF REQUEST FOR FUNDS TRANSFER The Committee recommends approval of the Sheriff's request to utilize Compensation Board funds to hire two part-time dispatchers. REQUEST TO FILL VACANT CLERK TYPIST POSITION IN THE PLAN- NING AND DEVELOPMENT DEPARTMENT The Committee reviewed the attached request to fill a vacant Clerk Typist position in the Planning and Development Department and recommends approval of same. REQUEST TO FILL VACANT NURSING SUPERVISOR POSITION The Committee reviewed the attached request to fill the vacant nursing supervisor position at the CRW Regional Jail and recommends approval of same. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the board retired into executive session in accordance with the Code of virqinia, 1950, as amended, section 2.1-344, (a) 3 & 7 to discuss legal matters as well as acquisi- tion of real estate. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION 1lt4 Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the board withdrew from executive session. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., the board reconvened into regular session and certified that nothing other then what was noted as reason for going into executive session was discussed. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING: AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 9. FINANCE AND TAXATION: ARTICLE XIX. PERSONAL PROPERTY TAXES: BY THE ADDITION OF SECTION 19-4. PERSONAL PROPERTY TAX ON MOTOR VEHICLES AND TRAILERS. Mr. Riley presented this amendment information to the board at which time he read the ordinance amendments in their entire- ty. He stated that the estimated revenue that would be generat- ed from this proration of taxes is approximately $700,000 per year. Mr. Marty Monk, resident of Opequon District, stated that he was against this proration mainly because he did not know enough about what was being proposed. He asked what type book the county would be using to determine how much a vehicle would be worth the first year it is purchased. He felt this would really hurt those citizens that like to purchase new vehicles. Mr. Didawick, director of assessment, stated that his office used the January edition of the NADA Book, and used the average trade-in value. He further noted that NADA published a supplement that he used for new cars, and in this is the manu- facturers suggested retail price and his office takes 80% of this for the first year. 1 it 5 Mr. smith stated that his understanding of this is that Mr. Didawick's office takes the manufacturers retail price, not the sticker price that appears on the car window. Mr. Didawick replied that was correct. Mr. Keith Parks, resident of Back Creek District for approximately four years, stated that during this time the county has enacted a meals tax, a business gross receipts tax, he has been reassessed at about l2% higher then what the fair market value was for the property that he purchased four years ago, and during the past year he has had three different ad- dresses. He feels that this is a tax increase regardless of what has been said in the newspaper. He feels citizens living in this county will not purchase recreational vehicles and there will be fewer new vehicles if this is enacted. Mr. Victor Hart, resident of stonewall District, referred to the 3% sales tax that is paid when you purchase a vehicle. This added to the property tax is a tremendous burden to put on the citizens in a short period of time. Mr. Kenneth Y. stiles, resident of stonewall District, stated that he noticed in the paper following the last board meeting, and since then that the board intended all along to reduce the rate after proration was adopted. He stated that he did not recall this ever being discussed in a public meeting, therefore, he was curious as to where the decision was made. He feels this is a lemon, even if the rate is reduced. He ex- plained if the rate is reduced to generate the same amount of revenue, and according to the information that appeared 1n the paper, three additional employees will have to be hired to collect the same amount of revenue, he could not understand the rationale behind that. He assumes the board will increase the difference to cover the salaries of the three employees. He feels this is a tax increase for some of the people in Frederick County, and was not in agreement with the statement in the Open Forum where it stated this would increase revenue, but was not a tax increase. He feels most of the citizens of Frederick County will not be aware of this tax being passed until they purchase 146 another vehicle and then receive a tax bill for 3.8 to 4% for the vehicle they just purchased. He further stated that he felt there would be a lot of unhappy people when they get a tax bill for personal property for more then they actually paid for the vehicle. He referred to the comment, wherein the proration would be enacted now, but the board intended to reduce the personal property rate at budget time in the Spring. He stated that if the board is determined to do the proration amendment at this meeting then the personal property rate should be reduced at the same time. There was no further public comment. Mr. smith explained to Mr. Hart that the 3% tax he referred to earlier was a titling tax and not a sales tax. Mr. smith explained that at an earlier board meeting when this was discussed he insisted at that time there be a reduction in the rate, and he felt he was on record as saying that, and the matter was tabled at that time. Mr. Riley explained to the board that he would recommend that the board state publicly that they intend to adopt the ordinance at this meeting, or that they plan to adopt it at the next advertised board meeting. Mr. smith stated that he has to have some assurance that if he is to vote for this, that the rate is going to be dropped. He can't pass proration, and then say, oh, we will do it, and then we don't do it. As he said at the last meeting a citizen pays the same amount of taxes on a $10,000 car as they do a $100,000 home, they pay the same on a $200,000 home as they do on a $20,000 car. He has to have tied to this, in order for him to support it, a reduction in rate, he just has to. Mr. Dick stated to Mr. Smith that he was on the Finance Committee, therefore, he could take care of that. Mr. smith explained that the Finance Committee will recom- mend and this board will vote on it. Mr. Riley explained that as far as a point of clarification and being able to reduce the rate at this present time, an opinion was requested of the county attorney and his advice was, Ir 147 that it would be more appropriate, and in keeping and being consistent with county actions in the past, if the tax rate is adopted at the time the budget is adopted. Mr. smith stated that it could be done tonight, according to the code, and he asked Mr. Ambrogi if he was not correct on this. Mr. Ambrogi stated that was correct as he so stated in the same opinion that Mr. Riley referred to. Mr. Dick said to Mr. Ambrogi your suggestion/recommendation however, was to do it at the other time, not in the middle ... Mr. Ambrogi replied because of the unknowns that might happen between now and budget time, he did recommend doing it at budget time. Mr. Longerbeam moved for the adoption of this amendment, along with the sense of the board that there will be a reduction in the rate. Mr. Sager seconded the motion. Mr. smith stated to Mr. Longerbeam that it could be reduced by one penny, that's a reduction, that does not make sense to him. He stated that this is very frustrating to him. Mr. Longerbeam stated that he had been under the impression all along that the documents that have been provided to the board, along with various studies that the board has looked at and considered, have been based on the fact that the board was not going to raise, or increase revenue, with this tax at this time. He stated that this is the sense of the board that he wanted to be conveyed at this meeting. As to what the rate will be, he does not know that the board needs to tie that down, noting that this board approves the budget, the Finance Commit- tee just makes recommendations, and this can be established at the time the board so desires. Mr. Smith stated that he just hopes the board remembers that, at that time. Mr. Longerbeam stated that if Mr. smith preferred, he would amend the motion to be sure this motion is read back to the board at that time. 148 Mrs. Sherwood explained that she felt very strongly, as Mr. smith does, that this be tied to a reduction, and she wanted to say this, so that Mr. smith does not feel he is alone in this discussion. She further stated that no matter what comes by way of the Finance committee, she is going to have a very strong tendency to be looking to reduce the rate, as the county is high and the county needs to be looking toward being fair and equita- ble to the citizens. She also wants to go on record as saying it is going to have to be tied to some reduction. Mr. Dick asked Mrs. Sherwood if she was comfortable with the intent of the reduction in rate as possibly advertised in that area, or he asked her if she wanted to make a specific statement. Mrs. Sherwood replied that she would feel comfortable with something a little more specific. Mr. Smith stated that hell is paved with good intentions. He does not want this to get away from the board, it is fright- ening. He would go with it, if the rate was correct. The county gets a 3% increase each year, inflation is 3%, at the 4 and 1/4 where we are right now, we are getting a 3% increase on that tax every year without even changing the rate. How long has the county had 4 1/4, Mr. Riley? Mr. Riley replied at least four years. Mr. smith explained that when the inflation was 6%, 5%,4%,3%, add them up, its been an automatic increase in rate without even changing the rate. Mr. Dick, explained to Mr. smith that this tax of 4.25 per hundred is the fourth highest in the Commonwealth of Virginia, and the only way the tax will be lowered is to adopt proration of taxes. If the county takes the money and spreads it out, it will lower the rate. He told Mr. Smith that he is not voting for a tax increase. He further stated that he intended to vote for this and he intended to also fight hard to make sure this is reduced when the time comes in the budget, if it is not then he will vote to repeal what the board has done. 149 II Mr. smith stated that during his first year on this board he voted against the entire budget, and feels that was probably the first time that had ever been done, because the county would not fund the career fire fighters. He does not want to be put in the position this year to vote against the budget as it is a horrible thing to have to do, he stated that he would take this in good faith. Mr. smith asked that this entire conversation be verbatim in the minutes. Mr. Longerbeam stated that this proration is going to give the county a unique opportunity, not only to lower the rate now, but to lower it in the future. He noted that at some point in time new car sales will come back, and when this happens new car sales will benefit the county, and if the county is doing the right thing, finances are in right order, the county should be able to lower the rate to keep the rate of increase at a much more level position. Mr. Dick stated that the local automobile dealers have endorsed proration of personal property taxes. He feels it is a fair tax. Mr. Orndoff asked Mr. Dick about something he had said. You said, the only way the rate can be lowered on personal property is to prorate taxes. Mr. Dick replied yes, it can be lowered now, but you are going to have to raise taxes to get the revenue, you can't lower taxes without finding it some place else. This is the way we are going to find it. Mr. Orndoff stated that he was interested in prorating to a certain extent, but he was not interested in cutting rates. When it comes time to balance the budget, we know we are going to have to find the money, we can't cut something and then put it back on real estate. He stated that a person can control the price of the car they buy, but when property is assessed there is not a lot of control over that. He stated that if you take it from one area and put it on another, he doesn't feel you have gained anything, the citizen that is. 150 Mrs. Sherwood stated that she would like to see it tied, I think what we are arguing about is how tightly do we want to tie it to what we are doing now, the rate reduction, and I am not sure we have managed to tie it any closer, except that we have all acknowledged the intent to do it. Mr. Dick stated that the intent is there but he did not feel it could be tied down tonight. The Chairman called for the vote on the motion made by Mr. Longerbeam. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Nay James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Nay REOUEST TO INCREASE LANDFILL COMMERCIAL RATE FROM $25.00 PER TON TO $32.00 PER TON - APPROVED Mr. Steve Owen, Assistant County Administrator, presented this information to the board. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the landfill commercial rate which is currently $25.00 per ton will be increased to $32.00 per ton. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Planninq Commission Business Public Hearinqs: Conditional Use Permit #009-92 of Charles and Faye Grady for a Dog Kennel. This property is located in Opequon District - Approved Mr. Wayne Miller, Zoning Administrator, presented this request to the board noting that the staff and Planning Commis- Slon recommended approval with conditions. There was no public input. Upon motion made by Robert M.Sager, seconded by W. Harrington smith, Jr., conditional use permit number #009-92 of Charles and Faye Grady for a dog kennel was approved. The above motion was passed by the following recorded vote: 151 Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Conditional Use Permit #012-92 of Jill Holden for a Cottaqe Occupation (Book Binding). This propertv is located in Gainesboro District - Approved Mr. Miller presented this request to the board noting that the staff and planning commission recommended approval with conditions. There was no public input. Upon motion made by Beverly J. Sherwood, seconded by Charles W. Orndoff, Sr., conditional use permit #012-92 of Jill Holden for a cottage occupation was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye ANNUAL REVIEW OF THE SIX YEAR SECONDARY ROAD IMPROVEMENT PLAN - APPROVED Mr. Evan Wyatt, Planner, presented this plan to the board and noted the following revisions: MAJOR ROAD IMPROVEMENT PROJECTS: A) Route 628 (rank #3): Advertisement date was changed from 07{95 to 12/95. B) Route 621 (rank #4): Advertisement date was changed from 7/96 to 12/96. HARD SURFACE ROAD IMPROVEMENT PROJECTS: A) Route 695 was removed from the plan as it has been budgeted. B) Route 706 (rank #4): Advertisement date was changed from 7/96 to 08/96. C) Route 699 (rank #5): Advertisement date was changed from 07/96a to 08/96. D) Route 702 (rank #6): Advertisement date was changed from 07/97 to 08/97. E) Route 701 (rank #7): Was previously unscheduled. Has been assigned advertisement date of 04{98. INCIDENTAL CONSTRUCTION: A) Route 627 bridge replacement; Route 622 coal mix between Route 732 and Route 628; Route 656 guardrail installation; and Route 1053 box culvert installation were removed from the plan because they were budgeted. 152 B) Route 659 (rank #1): Advertisement date was changed from 92{93 to 93/94. Mr. smith asked about Major Road Improvement Contracts on page 1, item number 5, 647 - widened between 277 and 642. He requested that 642 be moved up, due to all the traffic that is scheduled to be dumped onto Route 642 from the present 647 and from the new Warrior Drive, and if 642 is extended on 522 a lot of traffic will be dumped on a road that is already antiquated. Mr. Wyatt stated that as noted by Mr. Golladay, if the funding comes together for the total improvement of 642, secon- dary road improvements, it would be possible to delete these from this plan all together. Mr. Longerbeam asked about the status of the improvements to Route 622. Mr. Wyatt explained that Mr. Bushman could address this further, but to the best of his knowledge studies are still being conducted with regard to historical and archeological significance, and when these are complete, the fact that funding has been budgeted for this project, once the green light has been given they are prepared to go ahead with the improvements as noted. Mr. Bill Bushman, Engineer, Virginia Department of Highways and Transportation, appeared before the board and explained that Route 622 is being reviewed in the field, along with the pro- posed improvements with their environmental staff, and they in turn have taken it back to further coordinate with the Council on the Environment process, and hopefully if they agree, the green light will be given and VDOT will proceed with this project. He further stated that they are a lot closer then they were three weeks ago, but they are not there yet. Mr. Sager asked about number 5, and the possibilities of having the turn lane expanded. Mr. Bushman replied yes, if VDOT can get district funding to do the improvements at 37 and the north bound ramp, then this will be scheduled together with the 647/277 project. 153 Mr. Dick requested that Route 699, Timber Ridge School, the half mile for Mr. Goerdiner, number 5 on the Hardsurface Road Projects be taken care of. Mr. Bushman replied that it is scheduled. Mr. Smith thanked Mr. Bushman for the work that has been done at the intersection of Greenwood and Senseny Road, it has been a big help. Mr. Bushman replied that this is not quite finished as the blinker lights should be installed within the next three weeks. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Annual Review of the six Year Secondary Road Improvement Plan was approved with amendments so noted. (Copies of this entire plan is available in the offices of the County Administrator and Planning and Development). The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY JAMES L. LONGERBEAM, SECONDED BY BEVERLY J. SHERWOOD, THERE BEING NO FURTHER. BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. of Supervisors