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HomeMy WebLinkAboutOctober 09, 1991 Regular Meeting354 A regular meeting of the Frederick County Board of Supervi- sors was held on October 9, 1991, at 7:30 p.m., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Chairman Kenneth Y. Stiles; Vice - Chairman Robert M. Rhodes; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr.; and Charles W. Orndoff, Sr. CALL TO ORDER The chairman called the meeting to order and asked that everyone observe a moment of silence in absence of a minister. ADOPTION OF AGENDA County Administrator John R. Riley, Jr., asked to make a brief presentation under "County Officials ". Mr. Riley also requested that Tab S - "Memorandum Re: Sherando High School Site Plan" be moved for discussion after Tab F - "Correspondence from Superintendent of Schools ". He also had a request from the Superintendent of Schools for the boards' approval of a literary fund resolution. Supervisor Smith requested time to speak concerning traffic signals. Chairman Stiles stated this item would be discussed as item number 9 under "County Officials ". Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes, and passed unanimously, the agenda was adopted as amended. CONSENT AGENDA There were no items for the consent agenda. MINUTES OF SEPTEMBER 11. 1991 - APPROVED AS AMENDED Supervisor Rinker noted that the minutes of September 11, 1991, stated "Mr. Richard Cleveland" appeared before the board to request that the name of Lime Kiln Road be changed. The name should read "Mr. Richard Shively ". Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes, and passed unanimously, these minutes were approved as amended. VIRGINIA MUNICIPAL LEAGUE AWARD PRESENTATION 355 On behalf of the Virginia Municipal League (VML), Mr. Riley presented to the board a VML Achievement Award Frederick County received on October 8, 1991, at the VML Conference in Roanoke, Virginia, for the Winchester /Frederick County 11 2020 Future Visions Task Force". He stated that Frederick County was the only county who received the joint award which indicates that the county does cooperate well with the city. He also stated that the Secretary of Transportation is proposing that the county fund 20 percent of the local six year budget every year and will need to keep that in mind when the General Assembly convenes this winter. CERTIFICATION OF APPRECIATION TO DOUG RIMER - APPROVED A certificate of appreciation was approved and present- ed to Mr. Doug Rinker for his service during his tenure with the Frederick County Planning Commission. Chairman Stiles stated he felt a valuable member of the Planning Commission was lost and that he hoped Mr. Rinker would be willing to come back when his schedule permitted. MS EKILEIGH GENTRY ADDRESSED BOARD RE: VIRGINIA STAT STUDENT COUNCIL ASSOCIATION Ms. Emileigh Gentry, a student at Aylor School and a member of the State Student Council Association (SCA), addressed the board to convey her gratitude for the board's support and briefly explain the association's objectives and her experiences as a member this past year. She also stated that the Shenandoah Regional Meeting is scheduled for November 16, 1991, at James Wood Ridge High School, and invited all the board members to attend. Chairman Stiles stated that the SCA is one of the best programs in the state and a program we can all be proud of. COMMITTEE APPOINTMENTS Industrial Development Authority - Donald E. Packard, Sr_ Reappointed for a Four Year Term Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker, and passed unanimously, Mr. Donald E. Packard, Sr., was reappointed to serve on the Industrial 35.6 Development Authority for a term of four years, said term to commence November 10, 1991 and expire on November 10, 1995. Handley Regional Library Board Supervisor Smith asked if Ms. Marjorie Lewis was eligible for reappointment to this board since she had expressed an interest in continuing her term. Mr. Riley stated he would check the Handley Regional Library Board By -Laws and get back with the board at their next meeting. Chapter 10 Board Joy Fish's term will expire December 31, 1991, and Chairman Stiles asked Mr. Riley to also check this appoint- ment to see if this also had a term limitation by state law. Board of Zoning Avneals The board noted the expiration date of Oren D. Snapp's, Back Creek District, term and asked that it be brought back to another meeting. PROCLAMATION RE: RED RIBBON WEEK - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., and passed unanimously, the following proclamation was approved on behalf of Kids Are Our Concern: WHEREAS, alcohol and other drug abuse in this nation has reached epidemic stages; and WHEREAS, it is imperative that visible, unified preven- tion education efforts by community members be launched to eliminate the demand for drugs; and WHEREAS, the National Federation of Parents and Drug Free Youth, Inc., a national parent /community organization, and Kids Are Our Concern are sponsoring the National Red Ribbon Campaign offering citizens the opportunity to demon- strate their commitment to drug free lifestyles (no use of illegal drugs, no illegal use of legal drugs); and WHEREAS, The National Red Ribbon Campaign will be celebrated in every community in America during "Red Ribbon Week ", October 19, 1991; and WHEREAS, President Bush and Mrs. Bush are the National Honorary Chairman, and Governor Douglas Wilder is the Honorary Chairman of Virginia to provide national and state focus on Drug Free America; and WHEREAS, business, government, parents, law enforce- ment, media, medical, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug -free 357 lifestyles by wearing and displaying Red Ribbons during this week long campaign; and WHER$AS, the All America Community of Frederick County and Winchester further commits its resources to ensure the success of the Red Ribbon Campaign; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby proclaim October 19, 1991 as RED RIBBON WEEK, and encourages its citizens to participate in drug prevention education activities, making a visible statement that we are strongly committed to a drug free community. BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick encourages all citizens to pledge: "My Choice ... Drug Free "! PROCLAMATION DESIGNATING OCTOBER 19 1991 AS KEVIN WILLIAMSON DAY - APPROVED Chairman Stiles requested that the board approve a request from Kathy and Nick Nerangis that Saturday, October 19, be designated as Kevin Williamson Day. A fundraiser will be held on that day at James Wood High School. Mr. Williamson is a student at Lord Fairfax with the possibility of attending the University of Virginia next fall. His dream is to be a doctor but is suffering with a crippling disease called syringomyella and requires a full time caretaker but has lost funding for such a person. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, the board asked that a proclamation be prepared to designate October 19th as Kevin Williamson Day. SCHOOL BOARD PROPOSES TO GIVE TO BOARD OLD TWO -ST BUILDING PLUS AN APPROPRIATE AMOUNT OF LAND SURROUND SAME AT STEPHENS CITY SI.EMRNTARY SCHOOL SITE - APP ROVED Superintendent of Frederick county Schools, Mr. Thomas Malcolm, appeared before the board and presented this request. He stated that he had several inquiries from people expressing their interest in the purchase of this building. The number of acres could not be determined at this time but Mr. Malcolm stated it was no more than three acres. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, the board accepted from the School Board as surplus property the old Stephens City Elementary School building and surrounding acreage. 358 Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker, and passed unanimously, the Board asked the county administrator to advertise for public hearing the sale of the Old Stephens City Elementary School site and land. The board also directed the county administrator to have the property surveyed, advertise for bids for the sale of same, and that the Stephens City zoning and subdivision ordinances apply to the sale of same. Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Charles W. Orndoff, Jr. - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye RESOLUTION FOR A SCHOOL BOARD LITERARY FUND LOAN OF $2.500,000 - APPROVED Mr. Malcolm presented this request and stated this loan would be granted at a fixed interest rate of four percent. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker, and passed unanimously, the following resolution was approved: AT A MEETING of the Board of Supervisors for the County of Frederick, held in the said county on the ninth day of October, 1991; WHEREAS, the School Board for the County of Frederick, on the ninth day of October, 1991, presented to this board an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $2,500,000 for the new school building (or for adding to or improving the present school building) at Stephens City, VA, to be paid in 20 annual installments, and the interest thereon at TBD per cent paid annually. RESOLVED, that the application of the county School Board to the State Board of Education of Virginia, for a loan of $2,500,000 from the Literary Fund is hereby ap- proved, and authority is hereby granted the said county School Board to borrow the said amount for the purpose set out in said application. THE BOARD OF SUPERVISORS for said county will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. I hereby certify that the foregoing is a true copy as taken from the County of Frederick. SHERANDO HIGH SCHOOL SITE PLAN Mr. Phillip Pappas with Mills, Oliver, and Webb, architect for the Sherando High School, presented to the $59 board the Sherando High School site plans for the board's information only. He explained that by cooperating with the parks and recreation department and "sharing" the ground facilities, it has provided a cost savings to the county. Supervisor Rinker addressed his concern regarding screening on the north side of the school parking lot. He stated he had many concerns from residents in that area regarding the lights and noise. Mr. Pappas stated the landscaping plans had not been done yet but they would take that into consideration when the plans were drawn up. The board addressed the drainage problem and asked how that would be handled. The architect explained that a parcel of parks and recreation owned property that was rough and that could never be used for recreation or building, was the area planned for storm water retention. However, if this area does not get approved on the federal level, the planned basketball courts would have to be eliminated and that area would be used for drainage. The board also expressed that the arrangement made between the parks and recreation department and the School Board was an example of how tax payers money could be used more efficiently and thanked Mr. Malcolm and his staff for their efforts in making this happen. REZONING APPLICATION 1007 -91 OF PAUL L NEGLEY TO REZONE 8.94 ACRES FROM B -2 (BUSINESS GENERAL) TO B -3 (INDUSTRIAL TRANSITION) FOR USES ALLOWED IN THE B -3 ZONING DISTRICT. THIS PROPERTY IS LOCATED ON ROUTE 661, NORTH OF ROUTE 11, IN THE STONEWALL DISTRICT - PUBLIC HFARTNG DATE SET FOR NOVEMBER 13, 1991 Planning Director Robert W. Watkins presented this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker, and passed unanimously, a public hearing date of November 13, 1991, was set for the board to consider this rezoning application. AN ORDINANCE TO AMEND CHAPTER 21 OF THE FREDERICK COUNTY CODE ZONING TO ESTABLISH A HISTORIC AREA OVERLAY ZONE (HA) UNDER ARTICLE XIV CONSISTING OF REGULATIONS AIMED 360 AT PROTECTING AREAS OF THE COUNTY WHICH CONTAIN SIGNIFICANT HISTORICAL SITES AND OR STRUCTURES - PUBLIC HEARING DATE SE NOVEMBER 13, 1991 Planning Director Robert W. Watkins presented this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker, and passed unanimously, a public hearing date of November 13, 1991, was set for the board to consider this ordinance amendment. AN ORDINANCE TO REVISE ALL PORTIONS OF CHAPTER 18, SUBDIVISION ORDINANCE. OF THE FREDERICK COUNTY CODE - PUBLIC FARING DATE SET FOR NOVEMBER 13, 1991 Planning Director Robert W. Watkins presented this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker, and passed unanimously, a public hearing date of November 13, 1991, was set for the board to consider this ordinance revision. GYPSY MOTH COORDINATOR'S REQUEST FOR THE BOARD'S ENDORSEMENT TO THE GENERAL ASSEMBLY FOR FUNDING OF THE GYPSY MOTH PROGRAM - APPROVED Supervisor Crosen presented this request and asked that the board address their concern at the next General Assembly for funding of the gypsy moth program. According to Gypsy Moth -- Coordinator Brenda Diehl's letter of September 12, 1991, the Appalachian Integrated Pest Management Demonstration Project will expire on September 30, 1991. There are 18 Virginia counties participating in that program and will be absorbed into the Virginia Cooperative Suppression Program (VCSP) which currently has 39 localities sharing the funding for this project (includes Frederick County's gypsy moth program). When the 13 counties are included in the VCSP, funding assistance from the state will be reduced to each locality if the General Assembly not appropriate more funds for this project. Supervisor felt that the people of Frederick County are in need of is program and did not want to see it eliminated. Upon motion made by Roger L. Crosen, seconded by Dudley . Rinker, and passed unanimously, the board would endorse 361 full funding of the gypsy moth program during the next General Assembly sessions. REQUEST FROM SANITARY DISTRICT ADVISORY COMMITTEE FOR THE BOARD TO APPROVE LEGISLATION RE: STATE CODE AMENDMENTS REGARDING SANITARY DISTRICTS - REFERRED TO CODE AND ORDINANCE COMMITTEE Mr. Riley presented this request in which the Sanitary District Advisory Committee has requested the board to approve legislation changes regarding sanitary districts. The committee also requested that the committee's name be changed to "Advisory Council ". Vice - Chairman Rhodes stated he had talked and received letters from concerned Shawneeland citizens who were not aware of this proposal and wanted more input before the board took any action. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, the proposed legislation from the Sanitary District Advisory Committee would be referred to the Code and Ordinance Committee for their review and recommendation to the board. COUNCIL HOUSE SHAWNEELAND SANITARY DISTRICT Chairman Stiles noted that a memorandum was received from the Sanitary District Advisory Committee regarding their intention to keep the Shawneeland "Council House" and family cemetery in good condition. Supervisor Smith stated that the laws of the Common- wealth are very strict regarding the upkeep of cemeterys. PEGGY MOONEY ELECTED TO SANITARY DISTRICT ADVISORY COMMITTEE AS CHAIRMAN Chairman Stiles congratulated Mrs. Peggy Mooney who was elected as chairman for the Sanitary District Advisory Committee for a one year term expiring June 30, 1992. STOP LIGHT AT THE INTERSECTION OF ROUTES 37 AND 642 Supervisor Smith addressed the board regarding com- plaints he has received about the stop light at this inter- section. He wanted the board to go on record as stating they had nothing to do with this decision. At the request 362 of the Department of State Police to the Virginia Department of Transportation, this stop light was erected. Chairman Stiles stated he believed they took a bad situation and made it worse. MR. HENRY M. BRUMBACK RESIGNS FROM SOCIAL SERVICES BOARD Vice - Chairman Rhodes received word from Mr. Henry M. Brumback stating he would have to resign from the Social Services Board. He requested that a letter be sent to Mr. Brumback for the outstanding job he has done during his term. He also requested that this vacancy be advertised and if anyone is interested to please let him know. This appointment should be made at the board's next meeting. ROCKINGHAM coUNTY'S POSITION ON THE VACO /VML ANNEXATION TASK FORCE PROPOSAL - APPROVED Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr., and passed unanimously, the following Rockingham County Position Paper on the VACO /VML Annexation Task Force Proposal was approved: The Rockingham County Board of Supervisors has received for comment from the Executive Director of the Virginia Association of Counties the report of the Annexation Task Force that has been studying annexation by cities and other aspects of intergovernmental relationships between counties, cities, and towns. We find that the report of the joint Task Force is substantially a re- packaging of its report of August, 1988, which was rejected by a Commission of the General Assembly in 1990. It is our opinion that the Task Force recommendations would do nothing to correct the inequities of the Commonwealth's policies regarding annexation and the independence of cities; they would, in fact, be likely to exacerbate and compound them. Current State legislation allows independent cities to annex every 10 years. This policy would be continued, however, in addition, prior to a loss of taxbase and terri- tory to a city annexation, the city may require the county to share its revenues with the city, for eight years prior to the annexation. This is not at present a requirement of law and would represent a new tool by which cities may drain a county's financial strength. A significant addition in the Task Force report of August 1991 deals with the issue that has been labeled "double taxation." This provision would require a county to reimburse a town for new county services not actually provided within the corporate limits of the town, but funded in part by county taxes collected within the town. If enacted into law, this would signifi- cantly restrict county boards of supervisors in making financial decisions - particularly in the area of economic development. Such development would be viewed by the board as benefiting the entire county including town residents but one or more of the towns could object to paying taxes to provide services for the development because the project is in an unincorporated area. In our view, this proposed legislation would create another area of conflict between 363 counties and towns rather than smoothing intergovernmental relationships. The Grayson Commission has been studying Virginia's local governmental structures for the past 5 years and has concluded in its recommendations that all but the largest independent cities in Virginia should be encouraged to reintegrate with the counties from which they originally were formed and that boundary expansion by independent cities no longer would be possible. in addition, the Grayson Commission has recommended that counties be granted equal taxing powers with cities. The Rockingham County Board of Supervisors has support- ed the recommendations of the Grayson Commission and contin- ues to do so. The Grayson Commission recognizes, and many local government officials agree, that the current statutes create conflict and a divisiveness in intergovernmental relations between Virginia's cities and counties. The Board of Supervisors believes that the relations between Virginia's cities, counties, and towns will not be improved but aggra- vated by the passage of legislation that would implement the recommendations of the VACo /VML Annexation Task Force. Therefore, the Rockingham County Board of Supervisors opposes the Report of the VACo /VML Annexation Task Force dated August 9, 1991, and reiterates its strong support of the Grayson Commission recommendations and respectfully requests the Board of Directors of the Virginia Association of Counties to do likewise. VIRGINIA DEPARTMOT OF TRANSPORTATION 1990 -1991 ANNUAL FISCAL SUMMARY REPORT FOR THE SECONDARY SYSTEM IMPROVE- MENT BUDGET Mr. Riley presented this report and stated that this report basically shows how much money was spent on road projects during Fiscal Year 1990 -1991. This report was for the board's information only. PUBLIC HEARING AN ORDINANCE PURSUANT TO THE CODE OF VIRGINIA 1950 AS AMENDED SECTION 15.1-377 TO ALLOW FOR THE OF COUNTY OWNED PROPERTY FOR THE PURPOSE OF ACCESS TO A GROUNDWATER WELL LD'ATED IN THE SHAWNEELAND SAKITARY DISTRICT SECTION X LOT 3A - APPROVED A public hearing was held regarding this request from the Assistant Commonwealth Attorney Glenn R. Williamson in the Commonwealth's Attorney's office. No one was heard in opposition or in favor of this ordinance request. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr., and passed unanimously, the following ordinance was approved: WHEREAS, an application of Samuel A. Milburn and Anna C. Milburn has been made for adoption of an ordinance permitting the presently- existing encroachment upon the property of the county under and upon the public street known as Huron Trail 364 in Shawneeland, Back Creek District, for a well erroneously constructed thereon which serves the property known as Lot 3A, Section X, Shawneeland of the applicants; such encroachment being as more particularly shown on the plat of Edward W. Dove, L.S., dated September 12, 1991, which is incorporated herein by this reference; and WHEREAS, such proposed ordinance having been duly advertised and a public hearing having been duly held thereon. NOW, THEREFORE, BE IT KNOWN, that, upon motion duly made by Robert M. Rhodes, and seconded by W. Harrington Smith, Jr., and upon the votes as recorded hereinafter, this ordinance is hereby adopted as follows: The County of Frederick, Virginia, authorizes Samuel A. Milburn and Anna C. Milburn, their heirs, successors, or assigns, to maintain the well and necessary pump and piping presently existing as an encroachment under and upon the public street known as Huron Trail, in Shawneeland, Back Creek District, to service, and for the benefit of the property known as Lot 3A, Section X, Shawneeland, and none other, and to the extent necessary to enter and excavate upon and under Huron Trail to maintain and repair such well, pump, and piping, provided, however, that those exercising any such authority shall restore such property to its condition at their sole expense. Such authority to so encroach shall continue until such time as such encroachment is destroyed or removed, or until this ordinance is repealed, deleted, or superseded by further action of the governing body, whichever occurs sooner. Such authority shall not be construed to relieve said owners or their successors of any negligence on their part on account of such encroachment. The vote was as follows: Kenneth Y. Stiles - Aye, Robert M. Rhodes - Aye, Charles W. Orndoff - Aye, Dudley H. Rinker - Aye, Roger L. Crosen - Aye, W. Harrington Smith - Aye. AN AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 9 FINANCE AND TAXATION: ARTICLE I• BY THE ADDITION OF SECTIONS 1 -2 -1 AND 1 -2 -2 AND TO AMEND SECTIONS 1-3-1 AND 1 -3 -2 - APPROVED A public hearing was held regarding this ordinance amendment request from the commissioner of revenue, treasurer, and director of general reassessment. No one was heard in opposition or in favor of this code amendment. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, the following ordinance addition and amendments were approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE; CHAPTER 9, FINANCE AND TAXATION; ARTICLE I; TO ADD SECTIONS 1 -2 -1 AND 1 -2 -2 AND TO AMEND SECTIONS 1 -3 -1 AND 1 -3 -2 TO READ AS FOLLOWS (additions and changes are in bold letters): $65 1 -2 ESTABLISHING THE TIME OF COLLECTION FOR REAL ESTATE AND PERSONAL PROPERTY TAXES 1 -2 -1 Formerly 1 -2: No change. 1 -2 -2 Pursuant to the authority granted by Title 58.1, Section 3916 of the Code of Virginia, 1950, as amended, all Frederick County taxes on personal property due January 1, 1992, and for each year thereafter shall be due and payable during the year for which the same are assessed in two approximately equal installments, as follows: One -half on or before June fifth and the remainder on or before December fifth of said year- 1-3 TAX RETURNS 1 -3 -1 The annual return of taxable tangible person- al property, machinery and tools, furniture and fixtures and mobile homes for the county shall be filed with the commissioner of the revenue for the county on or before the fifteenth day of February of each year. 1 -3 -2 A penalty for failure to file such return on or before the fifteenth day of February of each year, shall be charged at the rate of ten percent of the tax assessable or due on such property or the sum of two dollars whichever shall be the greater. The vote was as follows: Kenneth Y. Stiles - Aye, Robert M. Rhodes - Aye, Charles W. Orndoff, Sr. - Aye, Dudley H. Rinker - Aye, Roger L. Crosen - Aye, and W. Harrington Smith, Jr. - Aye. AN AMENDMENT TO THE FREDERICK COUNTY CODE: CHAPTER 13, MOTOR VEHICLES AND TRAFFIC; ARTICLE III; AMEND SECTIONS 3 -4 AND 3-4 -1 AND BY THE ADDITION OF SECTION 3 -4 -2 - APPROVED A public hearing was held regarding this ordinance amendment request from the commissioner of revenue, treasurer, and director of general reassessment. No one was heard in opposition or in favor of this request. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, the following ordinance addition and amendments were approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE; CHAPTER 13, MOTOR VEHICLES AND TRAFFIC; ARTICLE III; AMEND SECTIONS 3 -4 AND 3 -4 -1 AND BY THE ADDITION OF SECTION 3 -4 -2 TO READ AS FOLLOWS (additions and changes are in bold letters): 3 -4 TREASURER'S RESPONSIBILITIES: LICENSE TAG PERIOD OF VALIDITY' PRORATION 3 -4 -1 The license tax or fee upon motor vehicles, trailers, and semitrailers in the county - . 366 shall be assessed by the treasurer and, upon payment of the same, the treasurer shall issue a county license tag for each such motor vehicle, trailer, or semitrailer upon which such license tax or fee has been paid. All license taxes or fees collected by the treasurer under this Article shall be deposited by the treasurer in the same manner as prescribed for other county funds and all revenue derived from county license taxes of fees shall be applied to general county purposes. county license tags shall be valid from the 15th day of February, in the year issued to the following 15th day of February, at which time such license tag shall expire. The trea- surer shall begin collection of the license tax or fee and begin issuance of the license tag on the 15th day January of each year. The four or more wheel vehicle license tax or fee assessed shall be fifteen dollars ($15) from February 15 through October 31 and prorated at five dollars ($5) from November 1 through February 15. Motorcycle fees shall be five dollars ($5) from February 15 through October 31 and prorated at two dollars ($2) from November 1 through February 15 for the license year. 3 -4 -2 Formerly 3 -4 -1: No change. The vote was as follows: Kenneth Y. Stiles - Aye, Robert . Rhodes - Aye, Charles W. Orndoff, Sr. - Aye, Dudley H. Rinker - Aye, Roger L. Crosen - Aye, and W. Harrington Smith, Jr. - AN AMENDMENT TO THE FREDERICK COUNTY CODS: CHAPTER 15, OFFENSES MISCELLANEOUS: ARTICLE I. OFFENSES - MISCEL- LANEOUS GENERALLY: BY THE ADDITION OF SECTION 1 -10, MOUNTAIN FALLS PARK (WILDE ACRES SUBDIVISION). LAW ENFORCEMENT OF PRIVATE ROADS AND STREETS - APPROVED A public hearing was held regarding this ordinance request. No one was heard in opposition of this request. Mountain Falls Park resident Diane Clevenger appeared ore the board and asked that the board approve this amendment because of the numerous illegal fires and shoot- ings in the area. She also stated that they are registered ith the Act of Virginia. Chairman Stiles noted that a petition was received with tely 25 signatures endorsing this ordinance addi- ion. Upon motion made by Robert M. Rhodes, seconded by W. ington Smith, Jr., and passed unanimously, the following L �• ordinance addition was approved and that the proper law enforcement authorities be notified: OUNTAIN FALLS PARK (WILDE AC SUBDIVISION). LAW ENFORCEMENT OF PRIVATE ROADS AND STREETS 1 -10 The private roads and streets in the subdivi- sion known as Mountain Falls Park (Wilde Acres Subdivision) shall be designated as highways for law enforcement purposes only. The vote was as follows: Kenneth Y. Stiles - Aye, Robert M. Rhodes - Aye, Charles W. Orndoff, Sr. - Aye, Dudley H. Rinker - Aye, Roger L. Crosen - Aye, and W. Harrington Smith, Jr. - Aye. FEE SCHEDULE FOR COUNTY FIRE MARSHAL SERVICES - APPROVED A public hearing was held regarding the county fire marshal's request to charge fees for certain services provided by his office. No one was heard in opposition or in favor of this fee schedule. Supervisor Rinker asked if fees would be charged for services the fire marshal provides for Conditional Use Permits. The fire marshal explained there would be no charge for this service since it is not part of the fee schedule. The board asked if day care facilities pay for the annual inspections done by the fire marshal since it is mandated by the state. The fire marshal explained that day care facilities that are commercial establishments are the only ones that pay for the annual inspection. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker, and passed unanimously, the following fire marshal services fee schedule was approved: FEE SCHEDULE Explosives Storage Permit $ 50.00 Burning Permits 0 - 3 sq. ft. 25.00 3,000 - 10,000 sq. ft. 35.00 10,000 - 20,000 sq. ft. 50.00 Blasting Permits 15.00 * Institutional Inspections (Annual) 30.00 •. * Day Care Facilities (Annual) 25.00 ** Required Staff Fire Training 60.00 Fire Reports (Up to 5 Pages) 5.00 .50 Each Additional Page Annual Blasting Permits 350.00 Annual Burning Permits (Fixed Locations) 100.00 *No fee for institutional uses run by non - profit organizations such as churches. * *$60.00 per 2 hours of classroom time. The vote was as follows: Kenneth Y. Stiles - Aye, Robert M. Rhodes - Aye, Charles W. Orndoff, Sr. - Aye, Dudley H. Rinker - Aye, Roger L. Crosen - Aye, and W. Harrington Smith, Jr. - Aye. PLANNING COMMISSION BUSINESS Public Hearing Planning Director Robert W. Watkins presented this CUP request. The Planning Commission, in their meeting of September 4, 1991, unanimously approved the CUP with one condition: That the applicant comply with the request of the fire marshal to insure unrestricted access of emergency vehicles. The board asked if Mr. Goodwin could expand the build- ing and zoning Administrator Wayne Miller explained that he could expand even without a CUP. Mr. Ottis Goodwin, applicant, appeared before the board and stated he would comply with the Planning Commission's conditions. No one was heard in opposition or in favor of this request. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker, and passed unanimously, conditional use permit Parcel 1 on Tax Map 3 - Gainesboro Magisterial District - APPROVED 369 number 009 -91 was approved as set forth by the Planning Commission. The vote was as follows: Kenneth Y. Stiles - Aye, Robert M. Rhodes - Aye, Charles W. Orndoff, Sr. - Aye, Dudley H. Rinker - Aye, Roger L. Crosen - Aye, and W. Harrington Smith, Jr. - Aye. REVISED MASTER DEVELOPMENT PLAN - FORT COLLIER INDIISTRLAL PARK - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Robert W. Watkins presented this request for a revised master development plan. The Planning Commission, in their meeting of October 2, 1991, unanimously approved this plan. Mr. Whit Wagner, with Beery, Rio, & Associates, and partners with James and Don McIlvaine, presented to the board a layout of the revised plan. The master plan is being revised to show the elimination of the intersection of Brooke Road and Park Center Drive since the Hershey Pasta Group property on the south and Park Center drive will terminate at the Hershey property on the west. This will give access to the Hershey property from two directions and will have minimal impact on the development of the remainder of the industrial park. Mr. Wagner also stated that he would like to recognize John Riley, Economic Development Commission Director June Wilmot, and the county staff for all their cooperation and assistance on this project and thanked them for a job well done. He also went on to say that Hershey selected Freder- ick County for its new plant because of the confidence they had in the Frederick County staff and the way things were handled to get the job done. Chairman Stiles returned the compliment to Mr. Wagner and the Mcllvaines stating that real professionalism was shown by them on this project. Their willingness and support to help bring this company to Frederick County was greatly appreciated by the board and this was a real plus to the taxpayers of Frederick County. He also thanked them for all their work with the new jail and Kraft and stated that 370 the Fort Collier Industrial Park was a business park to be proud of. Supervisor Crosen also agreed with the Chairman's remarks and added that sometimes the Frederick County employees are taken for granted and are not always thanked for the jobs they do. Supervisor Smith echoed the remarks and added that what Frederick County has accomplished in the last two years is more than most localities have done in the last 15 years. Mr. Riley stated for the record that the design of the Clarke- Frederick - Winchester Regional Jail would be honored with an architectural award in Richmond on Saturday, October 12, 1991. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker, and passed unanimously, the revised master development plan for the Fort Collier Industrial Park was approved. YOUTH DEVELOPMENT CENTER SITE PLAN Mr. Watkins addressed the board and stated no action was required at this time regarding the site plan for the Youth Development Center. The plans were provided for the boards information and the Planning Commission had reviewed same at their regular meeting of October 2, 1991, and the commission had directed the planning and development depart- ment to administratively approve this plan when all require- ments have been met. CONKITTEE REPORTS PARRS AND RECREATION CONHISSION The Parks and Recreation Commission met on September 17, 1991. Members present were: Carmen Rio, Robert Roper, James Robinson, Carole Ambrogi, and Dudley Rinker. The following action was taken: 1. Mr. Roper moved to accept the 1992 -93 CIP program, seconded by Mr. Robinson, carried unanimously (4 -0). 371 2. Mr. Roper moved that the staff include approximately $4,000 in the 1992 -93 budget for the Bluemont Concert Series, seconded by Mrs. Ambrogi, carried unanimously (4 -0). PUBLIC WORKS COmMI1TEE The Public Works Committee met on Tuesday, October 1, 1991, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; Committee member Chester A. Renner; County Administrator John R. Riley, Jr.; Assistant County Administrator Stephen F. Owen; and Director of Engineering and Inspections Harvey E. Strawsnyder, Jr. The following items required board action: Structure Numbering Ordinance - APPROVED FOR PUBLIC HEARING ON NOVEMBER 13, 1991 The committee reviewed a draft ordinance needed to implement the new structure numbering system. It will replace Chapter 6, Article II, Section 1 -5 of the current code. The committee recommends that the ordinance be advertised for public hearing on November 13 (see attached memorandum). Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., and passed unanimously, a public hearing date of November 13, 1991, was set for the board to consider this new ordinance amendment. ASAP Lease - APPROVED The committee discussed and recommends approval of the attached lease of the old jail to the Old Dominion Alcohol Safety Action Program (see attached lease). Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., and passed unanimously, the board approved the ASAP Lease and instructed the county administrator to execute same on behalf of the county. The following items were discussed, however, no action was required: miscellaneous Reports a. Recycling (see attachment), b. Landfill Tonnage (see attachment), and C. Animal Shelter (see attachment 5). 372 The Personnel Committee met on October 2, 1991, with the following members present: Robert Rhodes, Roger Crosen, James Longerbeam, John Riley, Stephen Owen, and Ann Kelican. Ralph Lewis was absent. The committee submits the following report and recommendations to the Board of Supervisors for consideration: Request for Nev Position Operator II - Shawneeland Sanitary District and Transfer of $10.000 Surplus Funds - APPROVED The committee reviewed the attached request from the Shawneeland Sanitary District Manager for an additional fulltime position and recommends approval of same. Funding for this position in the amount of $14,496 for FY 1991 -92 is available in the sanitary district budget and the necessary transfer of funds will be approved by the Shawneeland Advisory Committee. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, this request was approved. Also, Mr. Riley stated he had received, and copies were provided to the board, a memorandum from the Shawneeland Advisory Committee approving a transfer of $10,000 surplus funds to fund this position. Line item appropriation is 16- 8108 - 1001 -002. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, this transfer request was approved. FINANCE COMMITTEE REPORT The Finance Committee met on Wednesday, October 2, 1991, at 2:00 p.m. in the Old Courthouse Conference Room. All members were present with the exception of Dudley Rinker. The following agenda requires board action for the approval of supplemental appropriations and transfer of funds: 373 This request was presented at the September meeting and the board requested that the need for these additional funds be presented. See attached memorandum. The committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, this request was approved. Request from the Downtown Development Board for a General Fund Supplemental Appropriation in the Amount of $250 - FAILED (VOTE 3 -31 This amount represents half of the total amount needed to promote a Civil War event that is to be held downtown on October 19th and 20th. See attached memorandum. The committee does not recommend approval. Upon motion made by Roger L. Crosen, and seconded by Dudley H. Rinker, to approve a general fund supplemental appropriation of $250 to the Downtown Development Board to promote a Civil War Event on October 19th and 20th, failed by the following vote: Kenneth Y. Stiles - Nay, Robert M. Rhodes - Nay, W. Harrington Smith, Jr. - Nay, Roger L. Crosen - Aye, Dudley H. Rinker - Aye, Charles W. Orndoff, Sr. - Aye. UNTIL NEXT MEETING Mr. Riley stated that the Rhythms Teen Center wanted this request tabled until the next Finance Committee meeting. No action was taken by the board. These funds will an as needed basis. attached memorandum. Upon motion made Dudley H. Rinker, and approved. be transferred from fund 4o additional local funds The committee recommends by Robert M. Rhodes, sec passed unanimously, this 13 to fund 86 on are needed. See approval. onded by request was for $106.000 - APPROVED 374 . ... � • alp No additional money is needed. See attached memorandum. The committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, this request was approved. Request from the Director of Court Services for a_Division of court Services Supplemental Appropriation in the Amount of $21.000 - APPROVED This represents a carryforward of funds from FY 90 - 91, line item 02- 021 -2111, Starting Point Detox, and applied to the current years budget, into line item 02- 021 -2111 (lease /rental equipment). This appropriation will allow detox to pay for rent. No additional local money is needed. See attached memorandum. The committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, this request was approved. $2.184.00 - APPROVED This request was made for the rental fees for a copier at (James Wood High School. See attached memorandum. The committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, this request was approved. This adjustment is necessary to implement the Action Plan 2000. See attached memorandum. The committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, this request was approved. Request from the Director of Court Services for an Interdepartment Transfer of Funds in the Amount of 316 Request from the Director of Engineering for a Landfill Supplemental Appropriation in the Amount of $76.967.47 - APPROVED This amount represents a carryforward of funds from FY 90 -91 and is needed for the ongoing design of the new landfill contract with G. W. Clifford and Associates, Inc., and for the purchase of a new backhoe. See attached memorandum. The committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, this request was approved. Request from the Director of Reassessments for a General Fund Supplemental Appropriation in the Amount of $5.121.78 - APPROVED This amount represents a carryforward of funds from FY 90 -91 and is needed for obligations occurred in FY 90 -91 and paid in FY 91 -92. See attached memorandum. The committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, this request was approved. Request from the Director of Fire and Rescue for a General Fund Supplemental Appropriation in the Amount of $41.250.00 FOR THE COUNTY'S FINANCIAL CON IITMENT OF THE REGIONAL HAZARDOUS MATMITATS RESPONSE TEAM PROJECT - APPROVED This amount represents a carryforward of funds from FY 90 -91. See attached memorandum. The committee recommends approval. This amount will be allocated as follows: (1) $3,325.00 will be allocated to Clearbrook Fire and Rescue to bring them up to the amount that is in agreement to the formula for Shock Trauma Level; (2) $7,125.00 will be allocated to Middletown Fire and Rescue to bring them up to the amount that is in agreement to the formula for Advanced Life Support Level; and (3) $61,317.00 will be allocated for three additional paid firefighters. These firefighters will be assigned wherever they are needed as determined by the director. 376 This information was presented at the Finance Committee meeting by Tom Owens, director of fire and rescue, and the committee recommends approval. Supervisor Crosen stated he would support this now because more revenues have become available to the county. Mr. Crosen stated that a cut -off date of September 1, was established in which fire companies could request additional funding. He also stated that he would like the fire compa- nies to respond to a certain percentage of all response calls so that they can be eligible for additional funding. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, requests (1) through (3) above were approved. Request to Release $47.000 in 911 Central Dispatch Fund - APPROVED Mr. Riley reported that this request is needed in order to pay invoices that are due related to the 911 Central Dispatch project. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, this request was Committee Appointed to Negotiate a Central Emergency Communications Service Agreement with the City of Winchester Mr. Riley stated that a request was made for the board to point a committee to include Supervisor Crosen, citizen Frank urr, Director of Fire and Rescue Thomas W. Owens, Treasurer C. lliam Orndoff, Jr., and Finance Committee member Will L. ings who will start negotiating a central emergency mmunications service agreement with the City of Winchester as tlined in the Winchester /Frederick County 2020 Report. Upon motion made by Robert M. Rhodes, seconded by dley H. Rinker, and passed unanimously, this request was Vcu. 4 -H Center - Letter of Appreciation for County's Contribution of $10.000 377 The board recognized the 4 -H Educational Center's letter from Lee Hood Capps dated September 4, 1991, which thanked the board for their $10,000 contribution to help provide a comprehensive facility that will serve generations of Virginians. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker, and passed unanimously, the board retired into executive session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A. (1), (3), and (7) to discuss personnel, real estate, and legal mat- ters. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by Roger L. Crosen, and passed unanimously, the board withdrew from executive session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes, and passed unanimously, the board recon- vened into regular session. RESOLUTION TO DENY GROS VENIRE CORPORATION AND CHI RLEXAGNE CORPORATION'S PROPOSAL TO DONATE 189 LOTS TO FREDERICH COUNTY - APPROVED Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr., and passed unanimously, a resolution was approved for Frederick County not to accept 189 lots from Gros Ventre Corporation and Charlemagne Corporation located in the Shawneeland Sanitary District because they are not donating the lots to the county for purposes allowed by law as referenced in their letter dated September 16, 1991 and Deed Book 765, Pages 1423 through 1427. The vote was as follows: Kenneth Y. Stiles - Aye, Robert M. Rhodes - Aye, Charles W. Orndoff, Sr. - Aye, Dudley H. Rinker - Aye, Roger L. Crosen - Aye, and W. Harrington Smith, Jr. - Aye. EVALUATIONS LYI S Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr., and passed unanimously, the following evaluations were approved: Director of Engineering Harvey E. Strawsnyder, Jr., P.E.; Director of Information Services Charles B. Tyson; Director of Economic Development June Wilmot; and Director of Finance Barbara W. Ratcliff; and County Administrator John R. Riley, Jr. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. Cl �Z27 V4R k, B and of Su ervisors