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November 13, 1991 Regular Meeting391 A Regular Meeting of the Frederick County Board of Super- visors was held on November 13, 1991, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. y. • The Chairman called the meeting to order. The invocation was delivered by Margaret Wise, Chaplain at the Winchester Medical Center. Mr. Stiles requested time under "County Officials" for Mr. James H. Diehl to address the Board and also for the Board's consideration of two resolutions. Upon motion made by Dudley H. Rinker and seconded by Roger L. Crosen, to adopt the Agenda as amended. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr., to approve the following Agenda items under the Consent Agenda: Tab T - Subdivision Request - Forrest Brown. Tab U - Parks and Recreation Commission Report. Tab V - Public Works Committee Report. Tab W - Code and Ordinance Committee Report. The above motion was approved by the following recorded vote: Kenneth Y Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye 392 Charles W. Orndoff, Sr. - Aye MINUTES - APPROVED Upon motion made by Roger L. Crosen and seconded by Charles W. Orndoff, Sr., to approve the minutes of the Regular Meeting of October 23, 1991 as submitted. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye COUNTY OFFICE HOURS SCEMEU D FOR THE 1991 HOLIDAY SEA Upon motion made by Roger L. Crosen and seconded by Dudley H. Rinker, to approve the following schedule for county office hours for the 1991 Holiday Season: December 24, 1991, Christmas Eve - Offices Close 12:00 Noon December 25, 1991, Christmas Day - Offices Closed January 1, 1992, New Year's Day - Offices Closed The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye ANY B GENTRY APPOINTED TO THE SOCIAL SERVICES BOARD AS A REPRESENTATIVE FROM BACK CREEK DISTRICT Upon motion made by Robert M. Rhodes and seconded by Charles W. Orndoff, Sr., to appoint Amy B. Gentry to the Social Services Board as a representative from Back Creek District, filling the unexpired term of Mr. Henry Brumback who resigned, said term to expire June 30, 1994. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye 393 Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to submit the following names for consideration to the Judge of the Circuit Court for possible reappointment/ - appointment to the Board of Zoning Appeals from Back Creek District: Mr. Oren D. Snapp Mr. Frank H. Brumback Mr. Steve Frye The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye SUE GRAY APPOINTED TO THE LARD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL AS A REPRESENTATIVE FROM F REDERICK�UNTY Upon motion made by Roger L. Crosen and seconded by W. Harrington Smith, Jr., to appoint Sue Gray to the Lord Fairfax Emergency Medical Services Council as a representative from Frederick County, filling the unexpired term of Dr. Wiedower who resigned, said term to expire June 30, 1992. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye GREG BOWIMN_ ATTORNEY_ ADDRESSED THE BOARD RE: NICHOLSON CASE Mr. Greg Bowman, local attorney, appeared before the Board on behalf of Mr. Charles Butler, an associate who had been detained out of town due to a court case, and explained to the Board that his clients, Mr. and Mrs. Earl Nicholson, were requesting that the Board pay them the sum of $50,000 for damages incurred when the County Treasurer, C. William Orndoff, Jr., confiscated a dump truck belonging to them. Mr. Stiles explained to Mr. Bowman that the Board would discuss this in Executive Session at the end of tonight's meeting. 394 BRENDA DIEHL GYPSY BOTH CDORINALTOR ADDRESSED THE BOARD RE: TREATMENT PROPOSAL FOR 1992 Mrs. Brenda Diehl, gypsy moth coordinator, appeared before the Board and outlined her program of the past year and explain- ed where she felt the defoliation was this year. She stated that the budget for the coming year had been set at $41,950 and that the county had just received $8,000 from the Federal government for the program. Mr. Rinker asked if Sherando Park was scheduled to be sprayed and Mrs. Diehl replied yes. Mr. Crosen stated that he felt Mrs. Diehl had done an excellent job for Frederick County even though there had been limited funding and he would like to thank her for all her efforts. Upon motion made by Roger L. Crosen and seconded by Dudley H. Rinker, to approve the treatment proposal for 1992 as submit- ted by the Gypsy Moth Coordinator, Brenda Diehl. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING DATE FOR PROPOSED AMENDREmTTs TO THE COUNTY PLANNING AND ZONING ORDINANCE AS THEY RELATE TO LAND DIVISION OUTSIDE OF THE URBAN D a` AREA SCHEDULED FOR DECEMBER 11, 1991 Upon motion made by Dudley H. Rinker and seconded by W. Harrington Smith, Jr., to schedule the public hearing date for proposed amendments to the county planning and zoning ordinance as they relate to land division outside of the urban development area for December 11, 1991. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye 395 is • :a:� «: �• ► • • :•: • � : • • • WA Mr. James Diehl, chairman of the sanitation authority and representative on the service authority, appeared before the Board to make them aware of a plan that was presented to the Frederick - Winchester Service Authority at their last meeting wherein a line would be run from the Parkins Mill Plant to the Opequon Wastewater Plant on Route 7. The Board discussed with Mr. Diehl the amount of flow at the Stephens City Plant, as well as the Parkins Mill Plant, per day. Mr. Stiles explained the long range plans for the Parkins Mill Plant and stated that he felt the county needed to reaffirm those plans at this time. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker, the Board is not in favor of a pressure line being run from the Opequon Wastewater Treatment Plant to the Parkins Mill Plant. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Mr. Rinker stated that he would like to publicly thank Mr. Diehl for all of his help and service to the sanitation authori- ty, as well as the towns of Stephens City and Middletown, as he felt he had done an outstanding job. RESOLUTION TO REQUEST THE CIRCUIT COURT TO PLACE ESTABLISH - NENT OF COUNTY POLICE DEPARTMENT ON REEMMUM FOR THE 1992 ELECTION - APPROVED Mr. Stiles read the following resolution: Upon motion made by and upon the votes ; is hereby RESOLVTRD that the Board of of Frederick, Virginia, petition the county to order that a referendum be a police force be established in the Section 15.1- 131.6:1, Code of Virgin , and seconded by Ts hereinafter recorded, it Supervisors for the County Circuit Court for this held on the question "Shall county ? ", pursuant to ia, 1950, as amended. This Resolution is passed upon the following recorded vote: Kenneth Y. Stiles Roger L. Crosen 396 Robert M. Rhodes W. Harrington Smith, Jr. Dudley H. Rinker Charles W. Orndoff, Sr. Mr. Stiles stated that he had had an overwhelming amount of county citizens express a desire for this change and this resolution would request that this matter be put to referendum for the Election in November of 1992. Mr. Rhodes stated that this had been discussed for at least the last six or seven years. He requested that the Law Enforce- ment and Courts Committee, as well as the Finance Committee, gather as much information as is available to assist in putting together all the facts and figures on the operation of a Frederick County Police Department. Mr. Rhodes moved for approval of this resolution and Mr. W. Harrington Smith, Jr. seconded. Mr. Crosen stated that he was interested in the cost of this change and felt this should be obtained before any final decision is made with regard to a referendum in 1992, for if this would be put on the ballot and approved without the Board knowing all the cost, it would then be too late to do anything about it. Mr. Stiles stated that he felt this would give the county plenty of time and that now was the time to act on it while it was fresh in everyone's mind, and if cost is out of sight, he did not feel the people would vote for it. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Dudley H. Rinker - Nay Roger L. Crosen - Nay Mr. Rinker stated that he did not feel this was the right time inasmuch as they did not have the figures on all the cost. Mr. Stiles requested that the Law Enforcement and Courts Committee, as well as the Finance Committee, act on this as soon as possible and that the resolution be forwarded to the courts to be placed on the referendum in November, 1992. 397 RESOLUTION OPPOSING CHANGING FREDERICK COUNTY'S CONGRES- SIONAL DISTRICT - APPROVED Following Board discussion, the consensus of the membership was to approve the resolution. Upon motion made by Robert M. Rhodes and seconded by Charles W. Orndoff, Sr., to approve the following resolution opposing changing Frederick County's Congressional District: WHEREAS, the 1990 Census necessitates changes in congres- sional districts to equally distribute population; and WHEREAS, a plan has been proposed that moves Frederick County from the 7th Congressional District to the 10th Congres- sional District; and WHEREAS, Frederick County has little in common with the 10th District and is very confident that the citizens of Frederick County prefer to remain in the more rural 7th District; and WHEREAS, the citizens of Frederick County could not possib- ly be adequately represented in a congressional district so dominated by urban values, problems and concerns; and WHEREAS, the voters of Frederick County had an opportunity to elect a new congressman on November 5, 1991, and did so, overwhelmingly, providing a clear mandate for Congressman George F. Allen to represent them in the 7th District in the United States Congress; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors for the County of Frederick, Virginia does hereby strongly oppose the plan to move Frederick County into Northern Virginia's 10th Congressional District as unwarranted gerrymandering at its worst; BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Governor Wilder and the leadership of the Virginia General Assembly. PASSED this 13th day of November, 1991. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye The Board further requested that this resolution be for- warded to the Governor, as well as our representatives in the General Assembly. RESOLUTION RATIFYING CERTAIN TERMS OF THE COUNTY OF FREDERICK VIRGINIA $5.000,,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES 1991C - APPROVED Upon motion made by Charles W. Orndoff, Sr. and seconded by Dudley H. Rinker, to approve the following resolution ratifying certain terms of the County of Frederick, Virginia $5,000,000 General Obligation School Bonds, Series 1991C: WHEREAS, this Board adopted a resolution on September 11, 1991 ( "Resolution "), authorizing the issuance and sale of not to exceed $5,000,000.00 General Obligation School Bonds, Series 1991C, of the County of Frederick, Virginia, ( "Bonds ") setting forth the form and details thereof and directing the County Administrator to accept the maturities, amounts and interest rates for the Bonds established by the Virginia Public School Authority; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The aggregate principal amount and maturities and interest rates for the Bonds established by the County Admini- strator in the attached Certificate as to Interest Rates are hereby approved and ratified. 2. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, hereby certifies that the forego- ing constitutes a true and correct copy of a resolution duly adopted at a meeting of the Board of Supervisors duly called and held on November 13, 1991. Dated: November 13, 1991. CERTIFICATE AS TO INTEREST RATES The undersigned County Administrator hereby accepts the aggregate principal amount, maturities and annual interest rates established by the Virginia Public School Authority, as shown on the attached Debt Service Schedule for the County of Frederick, Virginia $5,000,000.00 General Obligation School Bonds, Series 1991A, in accordance with the resolution of the Board of Super- visors of the County of Frederick, Virginia, adopted September 11, 1991. Dated: November 13, 1991 The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION RE: VACATION OF DEED OF EASEKENT OF SAMUEL D AND ANNA C MILBURN - APPROVED Upon motion made by Robert M. Rhodes and seconded by W. Harrington Smith, Jr., to approve the following resolution of a vacation of deed of easement of Samuel D. and Anna C. Milburn: RESOLUTION BE IT RESOLVED, that the Chairman of the Frederick County Board of Supervisors is hereby authorized to execute a Vacation of Deed of Easement between Samuel D. and Anna C. Milburn and the County of Frederick. 399 PASSED this 13th day of November, 1991. VACATION OF DEED OF EASEMENT This VACATION OF DEED OF EASEMENT, made this day of , 1991, by and between Samuel D. Milburn and Anna C. Milburn his wife, parties of the first part, and County of Frederick. Virginia party of the second part. WHEREAS, on the 30th day of September, 1991, the parties herein executed a DEED OF EASEMENT and recorded it on the 10th day of October, 1991, in Deed Book 766 at page 1505. WHEREAS, by resolution the Board of Supervisors of Frederick County, Virginia, granted a right of encroachment to the parties of the first part which allows the rights as set out in the DEED OF EASEMENT to the parties of the first part. THEREFORE, for and in consideration of the mutual benefits derived therefrom by the execution of this document the parties hereby agree to vacate the DEED OF EASEMENT identified herein and said DEED OF EASEMENT is vacated. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye :•. 1 : ' • :�.1:a a4 1 ' • :1: N : 1 :L• 1 1 • a1 ' • _ Ciy:I " ' • ' • Mr. Harry Benham, attorney, appeared before the Board on behalf of this request. The Board discussed with Mr. Benham the contents of the trust agreement with regard to this property and felt before they could make a decision on this request, additional informa- tion was needed from the county attorney. Mr. Crosen explained that just because part of this is a battlefield he was not sure that it was due tax exempt status. This is to come back to the Board at their December meet- ing. �5 • .: ' • :� fI;A ��1_ 1 ' . :1: • 1 1 : DI • I:rl Upon motion made by Dudley H. Rinker and seconded by Charles W. Orndoff, Sr., to approve the following resolution requesting tax exempt status for The Youth Development Center, Inc.: X11 I, John R. Riley, Jr., Clerk of the Board of Supervisors for the County of Frederick, Virginia, hereby certify on this 13th day of November, 1991, that the following resolution is a true and exact copy of one and the same adopted by the Board of Supervisors of the County of Frederick, Virginia, assembled in regular session on the 13th day of November, 1991: RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby request the General Assembly for the Commonwealth of Virginia to pass legislation to provide: 1. That The Youth Development Center, Inc., a non profit Virginia organization, be classified and designated as a charitable and benevolent organization within the context of Section 6 (A) of Article X of the Constitution of Virginia; and 2. That property owned by The Youth Development Center, Inc. and used by it exclusively for charitable and benevolent purposes on a non - profit basis be determined to be exempt from taxation, state and local, including inheritance taxes. FURTHER RESOLVED, that the request for the General Assembly to act in accordance with the foregoing resolution is contingent upon The Youth Development Center, Inc. being granted non - profit tax status by the United States Internal Revenue Service. Witness my hand and the seal of the County of Frederick, Virginia. John R. Riley, Jr. County Administrator Clerk, Board of Supervisors The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION OPPOSING "BLUEPRINT FOR TRANSPORTATION POLICY" APPROVED Upon motion made by W. Harrington Smith, Jr. and seconded by Dudley H. Rinker, to approve the following resolution oppos- ing the "Blueprint For Transportation Policy ": WHEREAS, the Virginia Department of Transportation will be conducting public hearings on the Secretary of Transportation's "Blueprint for Transportation Policy "; and WHEREAS, said proposals will have dramatic negative fiscal implications on local government operating budgets; and WHEREAS, said proposals which would allow certain transpor- tation functions to be performed by local government, such as traffic light installation, do not address transfer of liability or fiscal responsibility; and WHEREAS, increasing eligibility participation in the transportation revenue sharing program without significantly 401 increasing the funding will only deplete the fund more rapidly; and WHEREAS, creating a separate rail division only increases the bureaucracy in Richmond, Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors opposes any Virginia Department of Trans- portation proposal that increases the Frederick County govern- ment's liability exposure and fiscal responsibility; and BE IT FURTHER RESOLVED, that these proposals be tabled until the Commonwealth of Virginia can identify the revenue sources to fund these new local government proposals. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye CORRESPONDENCE FROM ADELPHIA CABLE COMMUNICATIONS RE: CHANGE IN RATES AND SERVICES - DISCUSSED Mr. Rhodes asked when this is going to stop as far as rates continuing to rise. Mr. Rinker replied when the citizens stop buying it. Mr. Rinker stated that he felt a local number was needed in order that citizens may call when they have a question or problem rather than having to call Pennsylvania. Mr. Stiles suggested that perhaps a meeting with the Adelphia representatives after the first of the year would be helpful. RAIL PRESERVATION APPLICATION RESOLUTION FROM WINCHESTER AND WESTERN RAILROAD COMPANY - APPROVED Mr. John Hood, of Winchester and Western Railroad Company, was present on behalf of this request. Upon motion made by Dudley H. Rinker and seconded by W. Harrington Smith, Jr., to approve the following rail preserva- tion application resolution: WHEREAS, the WINCHESTER & WESTERN RR desires to file an application with the VIRGINIA DEPARTMENT OF TRANSPORTATION for safety and improvement projects; and WHEREAS, the identified safety projects are estimated to cost $47,000 and the improvement projects are estimated to cost $360,000; and WHEREAS, the 1991 General Assembly, through enactment of amendment to HB 30, provided two hundred and fifty thousand dollars in funding for the acquisition, lease or improvement of railways within the Rail Industrial Access Program budget; and 402 WHEREAS, the WINCHESTER & WESTERN RR is an important element of the WINCHESTER /FREDERICK COUNTY transportation system; and WHEREAS, the WINCHESTER & WESTERN RR is instrumental in the economic development of the WINCHESTER /FREDERICK COUNTY area, and provides relief to the highway system by transporting freight, and provides an alternate means of transporting commod- ities; and WHEREAS, FREDERICK COUNTY supports the project and the retention of rail service; and WHEREAS, the COMMONWEALTH TRANSPORTATION BOARD has estab- lished procedures for all allocation and distribution of the funds provided by HB 30. NOW, THEREFORE, BE IT RESOLVED, that FREDERICK COUNTY does hereby request the VIRGINIA DEPARTMENT OF TRANSPORTATION to give priority consideration to the projects proposed by the WINCHESTER & WESTERN RR totaling $407,000 in FREDERICK COUNTY and THE CITY OF WINCHESTER. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye REQUEST FROM THE SHENANDOAH VALLEY PRIVATE INDUSTRY COUNCIL FOR AMENDMENTS TO THE JOB TRAINING PARTNERSHIP ACT - APPROVSD Upon motion made by W. Harrington Smith, Jr. and seconded by Dudley H. Rinker, to approve the amendments to the Job Training Partnership Act (funding formula), as requested by the Shenandoah Valley Private Industry Council, and to send appro- priate letters to legislators as requested. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARIIiG AN ORDINANCE TO REPEAL AND AMEND THE FREDERICK COUNTY CODE CHAPTER 6 BUILDINGS: ARTICLE II TO INCLUDE A NEW STRUCTURE NUMBERING ORDINANCE - APPROVED Mr. Garland Page and Mr. John Warwick of Overman Associates were present and gave a breakdown on the progress of the house numbering project. They informed the Board that once all new street signs are adopted, Overman Associates is prepared to give 403 numbers to the houses. Mr. Page explained that the target date has been set for July 1, 1992 as the time that all new addresses will be going into effect. Mr. Rinker asked what was the latest date a change could be made. Mr. Page replied the sooner, the better. Mr. Meredith Bowers, Superintendent of Postal Operations from the United States Postal Service, Pleasant Valley Road Office, appeared before the Board to explain that due to the growth in the Winchester - Frederick County area it will be necessary for the county to go to a double zip code and this too was scheduled for July of 1992. Upon motion made by Dudley H. Rinker and seconded by W. Harrington Smith, Jr., to repeal and amend Chapter 6 of the Frederick County Code, Buildings; Article II and readopt Article II, Structure Numbering, as follows: ARTICLE II STRUCTURE 2 -1 INTENT This article is intended to promote the health, safety and general welfare of the public and to enhance the effective and efficient provision of emergency services to the citizens of Frederick County. This article is intended to accomplish the provisions set forth in Section 15.1 -29 -11 of the Code of Virginia, as amended. 2 -2 PURPOSE OF ARTICLE The purpose of this article is to provide for a uniform, county -wide system for assigning street address numbers to all dwellings, buildings, and habitable structures in Frederick County to assist fire and rescue service providers, law enforcement agencies, the United States Postal Service, and other organiza- tions in the timely and efficient provision of their services to the residents and businesses of the county. 2 -3 EFFECTIVE DATE This article shall become effective upon implementation of the structure numbering system, which may be accomp- lished in phases, as determined by the planning direct- or. 2 -4 ESTABLISHMENT OF NUMBERING SYSTEM This article shall establish a uniform, county -wide address numbering system for numbering all dwellings, buildings and habitable structures in Frederick County and assignment of street addresses on all streets, avenues and public ways in the county. Property shall be numbered in accordance with the guidelines set forth A i A in the Frederick County, Virginia Street Naming and Addressing System Principles and Criteria and Opera- tional Manual, and the Frederick County, Virginia Master Street Guide, and the provisions set forth in this article. 2 -5 ADMINISTRATION AND INTERPRETATION 2 -5 -1 The planning director or his designated agent is hereby designated as the Agent responsible for the administration, implementation and enforcement of this article. The Agent shall establish street address numbers in accordance with the guidelines set forth in the Frederick County, Virginia Street Naming and Addressing System Principles and Criteria and Operational Manual and the Frederick County, Virginia Master Street Guide, and the provisions set forth in this article including as follows: 2 -5 -1.1 No building permit shall be approved until a street address number has been determined and assigned as herein provided. 2 -5 -1.2 No certificate of occupancy shall be issued until an assigned address number has been posted as herein provided. The property owner shall be responsible for affixing the assigned address numbers and removing any different address numbers if present. The initial cost and continued maintenance of address numbers shall be the responsibility of the property owner. 2 -5 -2 Henceforth, street addresses shall be assigned as provided herein by the Agent to each lot or parcel shown on each master development plan (MDP) and /or subdivision plat prior to final approval of same and a copy of the numbered MDP and /or subdivision plat shall be maintained by the Agent. 2 -6 DETERMINATION OF STREET ADDRESS NUMBERS 2 -6 -1 Street address numbers shall be assigned in accordance with the guidelines set forth in the Frederick County, Virginia Street Naming and Addressing System Principles and Criteria and Operational Manual and the Frederick County, Virginia Master Street Guide, unless, in the opinion of the Agent, the interests of the citizens of Frederick County are better served by minor modifica- tion to the system or when the circumstances dictate adjustments. 2 -7 SIZE AND LOCATION OF STREET ADDRESS NUMBERS 2 -7 -1 Street address numbers for residences shall not be less than four (4) inches in height and shall be made of a durable and clearly visible material. The numbers shall be conspicuously placed on, above, or at the side of the main entrance so that the number is discernible from the street. Whenever a building is more than fifty (50) feet from the street, or when the entrance is not visible from the street, the number shall also be placed along a walk, driveway, or another suitable location so that the address number is discernible from the street. where mailboxes are not affixed to the building, street address numbers shall be shown thereon in accordance with Postal Regulations. 2 -7 -2 Street address numbers or letters shall be of a contrasting color to the background on which they are mounted. 405 2 -7 -3 All commercial and industrial structures shall display street address numbers of not less than eight (8) inches in height as follows: 2 -7 -3.1 When possible, the number shall be displayed over the main entrance to the structure. 2 -7 -3.2 There shall be no other wording or numbers within two (2) feet of the building number. 2 -7 -4 Apartments, townhouses, shopping centers, or other similar groupings where only one number is assigned shall display such a number at the main entrance way. Said address numbers shall have a minimum height of eight (8) inches. Numbers for individual units or establishments within the complex shall be displayed on, above, or to the side of the main doorway of each unit or establishment. 2 -8 ENFORCEMENTfPENALTIES 2 -8 -1 Whenever the Agent has reason to believe there has been a violation of any provision of this article, he shall give notice of such violation to the person failing to comply and order said person to take corrective mea- sures within thirty (30) days from the date of notifi- cation. 2 -8 -2 If such person fails to comply with the duly issued order, the Agent shall initiate necessary actions to terminate the violation through criminal and or civil measures. 2 -8 -3 Any violation of any provision of this ordinance shall constitute a Class 4 misdemeanor. Subsequent to the thirty (30) day period following notification of violation, each day of violation shall constitute a separate violation. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye 1 _ 1 • a' / 1 I 0 F 1 • W 0 1: • 1 :A' :ICI M' • • 1174 l Dr. Jack Treece, representing the Handley Library, along with Marianne Roos, Margaret Lewis and George Snarr, appeared before the Board to request that favorable consideration be given to the Handley Library Board to possibly locating a satellite office at this location. Mr. Mike Kehoe, Town Manager of the Town of Stephens City, addressed the Board and requested that this property be secured at once in order to prevent further vandalism. He further stated that the Town Council had discussed their possible use of am this structure, therefore he would ask that this matter be tabled until a later date. Mr. Linden Fravel, representing the Town Council, addressed the Board and presented a resolution on behalf of the Town Council with regard to the future use of this building and he too requested that this be tabled at this time. Mr. David Bland, Director of City Lights, addressed the Board and expressed City Light's interest in this property as they would very much like to be able to purchase this property for possible affordable housing. Mr. Stiles explained that rezoning would be needed in order for housing to be allowed. It was noted that number eight of the Finance Committee Report also addressed this question. Mr. Rinker stated that he had toured the property this date and that the building's condition is not as bad as he thought it might be. He explained that he did not want this matter let go for too long as he definitely felt some action needed to be done very soon, however, due to the fact that various suggestions have been made as to what the building might be used for, he would request that it be tabled for now in order that these suggestions might be looked into and that this be brought back to the Board at their meeting in December. The Board discussed the request for a satellite office of the Handley Library being located in the Stephens City area and Mr. Orndoff asked if this request was from the citizens of that area or from the Handley Library Board. Mrs. Roos replied that it was coming from the citizens of that area. Mr. Bill Ewing, of the Stephens City Town Council, stated that he was in support of the library extension. Mrs. Joyce Earhart, staff member of Lord Fairfax Community College, addressed the Board and explained that the college was available for the citizens to use. 447 Mrs. Roos explained that because of the hours and the books that are available at the college, this did not meet the needs of a lot of citizens. Mr. Crosen stated that due to the fact that he was not from the Stephens City area, he was not sure he agreed with this idea. He explained that he felt additional hours are needed at the main branch in order to accommodate more citizens and that a request such as this should be done during the normal budget cycle and not done separately. He further stated that he felt citizens of the county and city would benefit more from hours being extended rather than a satellite office in Stephens City. He asked if the county were to enter into an agreement with the Handley Library and the creation of a satellite office, is there any type of escape clause that would allow the county to discon- tinue this at a later date. Mr. George Snarr replied that there is a bail out clause and asked Mr. Crosen if this was a real concern of his. Mr. Crosen replied that yes, it was, as he felt this needed to be spelled out with a time. Mr. Stiles stated that he would like to see this Board move in this direction by the end of this year as he felt this is a service that is needed in Stephens City as it is a valuable service as well as being necessary. He asked Mr. Rinker to serve on a committee, as well as the county representatives of the Handley Library Board, and that they meet with staff members of the inspections, planning and Handley Library staff, along with Assistant County Administrator Steve Owen, and report back to the Board at their December meeting if possible. Mr. Stiles did request that county staff make provisions to secure the building as soon as possible. Upon motion made by Dudley H. Rinker and seconded by Robert M. Rhodes, that any decision on the sale of the Stephens City School be tabled until the December 11, 1991 Board meeting. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye m . Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye End of Public Hearings. Following discussion of pro -share basis of this agreement, it was the consensus to table this in order that additional information could be obtained. PLANNING COIMSSION BUSINESS PUBLIC HEARINGS REZONING APPLICATION 1007 -91 OF PAUL L NEGLEY - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Rhodes, Vice - Chairman, took over the meeting at this time as Chairman Stiles had to leave the room momentarily. Mr. Watkins, Director of Planning and Development, present- ed this rezoning application request and stated that the staff and Planning Commission recommended approval. Mr. John Pritchard, III, representing Econo Lodge located on Route 11 North, appeared before the Board and stated that he wanted to go on record that his company was concerned as to the proposed use of this land. He stated that he felt there is another use that would be better for this site such as an office b ather than a concrete plant. Mr. Stiles returned to chair the meeting. Mr. Pritchard asked if this is approved, he would like to request that buffers be utilized if possible. Mr. Stiles explained that this would be addressed during the master development stage. Mr. Smith asked what the property would be used for. Mr. Matt McHale, local realtor, addressed the Board and stated that perhaps construction equipment and an office and they did not feel this would create any more noise than anything that is already in the area. Mr. Rinker suggested that perhaps some additional buffering land berm would help. Mr. McHale explained that if this is requested by the planning department, then they would be willing to do it. go e The question as to whether this was the best use for this piece of property was discussed by the Board and Mr. Crosen asked Mr. Watkins to read what other uses would be allowed in this type of zoning. Mr. Orndoff stated that he did have some concerns and had been to look at the site, however, he would move for the approv- al of this request. Upon motion made by Charles W. Orndoff, Sr., and seconded by W. Harrington Smith, Jr., to approve rezoning application number 007 -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 Magisterial District. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 21 ZONING TO ESTABLISH A HISTORIC AREA OVERLAY ZONE (HA) _UMBER ARTICLE XIV CONSISTING OF REGULA NS AIISED AT PROTECPING AREAS OF THE COUNTY WHICH CONTAIN SIGNIFICANT HISTORICAL SITES AND /OR STRUCTURES - APPROVED Mr. Kris Tierney, Deputy Director of Planning and Develop- went, presented this ordinance amendment. There was no public comment. Upon motion made by W. Harrington Smith, Jr. and seconded by Dudley H. Rinker, to approve the ordinance amendment to the Frederick County Code, Chapter 21, Zoning, to establish a historic area overlay zone under Article XIV. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye A copy of this ordinance amendment is on file in the Office of Planning and Development. 410 AN ORDIN TO REVISE ALL PORTIONS OF CHAPTER 18 SUBDIVI- SION ORDINANCE OF THE FREDERICK COUI CODE - APPROVED AS AMENDED Mr. Watkins presented the revisions to Chapter 18, Subdivi- sion Ordinance and stated that the Top of Virginia had two concerns, those being curb guttering and lot area /lot width. The Board discussed this at great length with Mr. Chuck Maddox, with G. W. Clifford and Associates, who was present on behalf of the Top of Virginia. Upon motion made by Robert M. Rhodes and seconded by W. Harrington Smith, Jr., that curb and guttering shall be required in any subdivision having lot frontage of eighty feet or less. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Dudley H. Rinker - Nay Roger L. Crosen - Nay The Board discussed the requirement for curb and gutter for lots in any subdivision that are fifteen thousand square feet or less in area. Mr. Crosen stated that what is before them tonight has the endorsement of the Planning Commission at fifteen thousand square feet and if they back off to thirteen thousand square feet, they are already compromising. Mr. Stiles explained he would rather go twelve thousand square feet if they are going higher than ten, but not thirteen. Mr. Stiles polled the Board on this and the vote was as Ifollows: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Dudley H. Rinker - Nay Roger L. Crosen - Nay Upon motion made by Dudley H. Rinker and seconded by W. Harrington Smith, Jr., to approve the ordinance to revise all portions of Chapter 18, Subdivision Ordinance with amendments as follows: 4 -2 -1.1 STREET PRIOR TO STATE ACCEPTANCE 411 Amended to provide the following language: No application shall be submitted to the county and the Virginia Department of Transportation until the street is built to state standards and inspected by the Virginia Department of Transportation. 4 -2 -12 CURB AND GUTTER Amended to reduce the lot size for curb and gutter as follows: Curb and gutter shall be constructed along both sides of all streets in any subdivision containing lots of twelve thousand (12,000) square feet or less, or in any subdivi- sion containing lot widths of eighty (80) feet or less at the street. COMPLETELY DELETED SECTION ON STORMkATER QUALITY 4 -17 PROPERTY OWNERS ASSOCIATION Amended section 4 -17 -2 to require a one million dollar ($1,000,000) liability insurance policy for any property owners association containing twenty (20) or more lots. Amended section 4 -17 -4 to require subdivision of twenty (20) lots or more to maintain interest bearing escrow accounts and have a treasurer that is bonded. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye NMI 0 :. � 1 Vii• � Y 4i 4:�: :1: • � 1 4 yfrl: '.__ i' • � I:� 1 Sit , � 1 . . • . appear- ed before the Board and requested that the name of the road on which he resides be changed from Devil's Backbone Overlook to Backbone Overlook. Mr. Wilson stated that this is a private road. He stated that he had a petition from the citizens living on this road that were in favor of this request. Mr. Stiles stated that this road was listed in this listing as Devils Backbone. Upon motion made by Charles W. Orndoff, Sr. and seconded by Roger L. Crosen, to approve the list of road names as recommend- ed by the Road Naming Committee and to approve Devil's Backbone 412 Overlook being changed to Backbone Overlook in Opequon Estates as requested by Mr. Bill Wilson. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye End of Planning Commission Public Hearings. SUBDIVISION REQUEST - FORREST BROWN - APPROVED UNDE THE CONSENT AGENDA Upon motion made by Dudley H. Rinker and seconded by Charles W. Orndoff, Sr., the subdivision request of Forrest Brown was approved under the Consent Agenda by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye End of Planning Commission Business. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Dudley H. Rinker and seconded by Charles W. Orndoff, Sr., the following Parks and Recreation Commission Report was approved under the Consent Agenda by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye The Parks and Recreation Commission met on October 15, 1991. Members present were: Robert Roper, Jimmie Ellington, Carole Ambrogi, Charles Sandy, James Robinson, Dudley Rinker. The following action was taken: Fees and Chartres Mr. Ellington moved to waive youth co- sponsored field use fees during FY 1992 -93 in the amount of $16,201, seconded by Mr. Robinson, carried unanimously (5 -0). Mr. Sandy moved to approve 418 the revised policy on field use fees, seconded by Mrs. Ambrogi, carried unanimously (5 -0). PUBLIC WORKS COMfITTEE REPORT - APPROVED UNDER THE CONSENT AGBNDA Upon motion made by Dudley H. Rinker and seconded by Charles W. Orndoff, Sr., the following Public Works Committee Report was approved under the Consent Agenda by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye The Public Works Committee met on Tuesday, November 5, 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 were discussed: Items Requiring Action Recycling Containers - Approved Under the Consent Agenda The committee recommends approval of placing two recycling stations in the city, one at Ward Plaza and the other near the Food Lion on Berryville Avenue, to be paid for by the Landfill Fund. The committee requests a transfer of $3,150 from the Landfill's Operating Contingency line item, 12- 4204 - 5806 -00, to Other Contractual Services line item, 12- 4204 - 3010 -00. Also, the county has approved additional recycling contain- ers during this past year but funds were never transferred to compensate for the additional charges. Therefore, to bring the line item into balance and to continue the recycling program this fiscal year, a transfer of $38,722 from the Landfill's Operating Contingency line item, 12- 4204 - 5806 -00, to Other Contractual Services line item, 12- 4204 - 3010 -00, is requested. Items Not Requiring Action Old Penney's Building This item was tabled. 414 Branch Library Reauest This item was referred to the Finance Committee. Apple Blossom Festival Reauest This item was referred to the county's attorney's office. Compactor Site Security The committee directed staff to place a sign at the Clear - brook Park compactor site to warn out -of -state residents not to use the facility. Also, staff was directed to hire an off -duty deputy to charge people that abuse the sites. Waste Stream Analysis Staff was directed to prepare cost estimates and an RFP for landfill consulting services to provide a waste stream analysis and future recycling system recommendations. Recycling Report See Attachment 2. CODE AND ORDINANCE COM UTTEE REPORT - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Dudley H. Rinker and seconded by Charles W. Orndoff, Sr., the following Code and Ordinance Committee Report was approved under the Consent Agenda by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye The Code and Ordinance Committee met on Monday, November 4, 1991, at 8:30 A.M., in the Conference Room located beside of the Personnel Office. Present were W. Harrington Smith, Jr., Chairman of the Committee; Committee member George W. Johnston, III; John R. Riley, Jr., County Administrator and Stephen F. Owen, Assistant County Administrator. Also present were Peggy Mooney, Robert Hartman, Harry King, members of the Shawneeland Sanitary District Advisory Committee and Gary Kober, spouse of advisory committee member Karen Kober. Mr. Charles W. Orndoff, Sr. and Stephen G. Butler were absent. The committee discussed proposed state legislation related to sanitary districts. Conflicts with constitutional separation 415 of powers and the Dillon Rule were noted and the committee tabled the proposal, therefore the Board of Supervisors may wish to table the matter also. Mr. Rhodes, Chairman of the Finance Committee, presented the following Finance Committee Report: The Finance Committee met on Wednesday, November 6, 1991 in the Old Courthouse. Section A: The following agenda requests require Board action for supplemental appropriations and transfer of funds: i2= lest from the County Administrator for a General Fund Supplemental Appropriation in the Amount of $17.681.81 - Approved The County Administrator requests a General Fund supplemental appropriation in the amount of $17,681.81 for an archaeological survey of the Redbud Road area. See attached memo. The committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye supplemental appropriation in amount of $1,500. The revised treasurer's report shows a deficit of $7,978.00. This deficit is apparent when contributions from one time contributors and $3,750.00 from local government for prior periods were deleted from the original report. See attached memo. The committee recommends approval if this amount is also contributed by the City of Winchester. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request contingent upon the same contribution being made by the City of Winchester. The Rhythms Teen Center is requesting a General Fund 416 The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $4,300.00 for the purchase of computer equipment. See attached memo. The commit- tee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $15,700.00 for the funding of the county's newsletter. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Request from the Assistant County Administrator for a General Fund Supplemental Ap rrORriation in the Amount of $2,800.00 - Approved The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $2,800.00 to fund 417 travel that was not appropriately adjusted when the County Administrator and Assistant County Administrator two separate budgets were combined. See attached memo. The committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Request from the Director of Court Services for a Division of Court Services Supplemental Appropriation in the Amount of $22.500.00 - Approved The Director of Court Services requests a Division of Court Services supplemental appropriation in the amount of $22,500.00 for two additional staff persons to be funded by a state grant. See attached memo. The committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Approved First Night Winchester requests a General Fund supplemental appropriation in the amount of $500.00 for a donation for the First Night Event, 1991. A donation of $500.00 was given last year. See attached memo. The committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Section B: The following agenda references donations requested in 92 -93 budget: Handley Library Budget - Tabled Earlier in the Meeting for Additional Information The Handley Library would like to present the library's budget which is attached. Attached is also a draft of the ional Library Agreement. See attached memo. The committee recommends approval with consideration be given to the use of the old Stephens City Elementary School for the use of a satel- lite library facility for county residents. The use of this facility will also reduce the amount of the budget request with the absence of rent needed for the project. This was tabled earlier in the meeting for further informa- Ition and be brought back to the Board at their December meeting. The Regional representative for the SCA requests that consideration be given for the support of SCA students in the 92 -93 budget. See attached memo. The committee recommends that contributions up to $750.00 can be approved by the County lAdministrator. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above recommendation of the Finance Committee. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Section C: Other Reauest from the Director of Fire and Rescue for Petty Cash Fund - Approved The Director of Fire and Rescue would like to establish a petty cash fund in the amount of $100.00 for the handling of s cash transactions in the Fire and Rescue Department. See attached memo. The committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Request from the Chamber of Commerce for a Five Year Renewal on Original Agreement - Approved The Chamber of Commerce is requesting a 5 -year renewal with the county based on the terms of the original agreement. See attached memo. The committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye End of Committee Reports. BOMRD RETIRED INTO M=UIVE SESSION Upon motion made by W. Harrington Smith, Jr. and seconded by Robert M. Rhodes, to retire into Executive Session in accord- ance with the Code of Virginia 1950, as amended, Section 2.1-344, Subsection A (1) and (7) to discuss Personnel and Legal matters. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDIUM FROM EXECUTIVE SESSION 420 Upon motion made by Dudley H. Rinker and seconded by Roger L. Crosen, to withdraw from Executive Session. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by Dudley H. Rinker and seconded by Roger L. Crosen, to reconvene into Regular Session. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye BOARD TO REJECT CLAIK AS PRESENTED BY ATTORNEY GREG BOWMAN AT THE START OF THE MEETING - APPROVED Upon motion made by Dudley H. Rinker and seconded by W. (Harrington Smith, Jr., to reject the claim against the county in the amount of $50,000 as presented by Attorney Greg Bowman on lbehalf of Mr. and Mrs. Earl Nicholson. The above motion was approved by the following recorded Ivote Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION DULY MADE, SECONDED AND PASSED UNAND(OUSLY, IT IWAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. Boar f Supervisors VBbard o Sup visors