March 08, 1989 Regular Meeting200
A Regular Meeting of the Frederick County Board of Super-
visors was held on March 8, 1989, 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; W. Harrington Smith, Jr. and
Charles W. Orndoff, Sr. Roger L. Crosen was absent.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by the Reverend Paul Phillips
of the Burnt Factory United Methodist Church.
ADOPTION OF AGENDA
Mr. Riley explained that the Board should approve the
Public Hearing Notice for the budget as well as the amendments
to the budget that were agreed upon at the meeting on March 3 by
School and County Officials.
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Ornodff, Sr. and passed unanimously, the Agenda was adopted
as amended.
APPROVAL OF MINUTES
Upon motion made by W. Harrington Smith, Jr., seconded by
Dudley H. Rinker and passed unanimously, the minutes of the
Regular Meeting of February 8, 1989 were approved as submitted.
APPROVAL OF CERTIFICATES - TABLED
COMMITTEE APPOINTMENTS - TABLED
DATE AND PUBLIC HEARING NOTICE FOR 1989 -1990 BUDGET -
APPROVED
Mr. Riley stated that at present a tax increase of 11¢
per hundred is planned which is a 20% increase and the Landfill
rate is included in this figure. He further explained that the
compromise that was worked out at a meeting on March 3 with
School Officials is not included in this figure as there was not
sufficient time to have the figures amended before tonight's
meeting.
zai
Mr. Stiles stated that he felt the meeting with School
Officials was very productive and the following directives were
the result of this meeting:
1. Purchase of 5 modular classrooms which is to come
from Unallocated Reserves.
2. $54,000 plus for computers from Fund Balance.
3. $200,000 is projected as revenue increase.
4. Slightly higher collections from the Treasurer.
5. Interest on investments to be higher.
Mr. Stiles stated that with these amendments and additions
the total increase for the School Board is $405,000. He further
explained that Mr. Malcolm, Mr. Gaines and Mr. Hott felt there
were additional items that needed to be included and that the
School Board will make a good faith effort to try and find the
money to fund these, if that is not possible then the Board will
take a further look at possibly funding these items.
Mr. Smith stated that the School Board needed the okay as
soon as possible on this amendment in order that they might
place the order for the new buses.
Mr. Stiles stated that he felt what had been worked out
would be a workable solution for the County as well as the
School Board.
The amendment to the budget was unanimously approved by the
Board.
Mr. Stiles addressed the cooling system at Middle School
and the quote that was published in a recent newspaper article
to repair the system.
Mr. Charles Hott, Chairman of the School Board, appeared
before the Board and stated that he did not feel the money was
in the budget to have this system repaired. He explained that
this has been a problem for a while but that something has to be
done at this time, it cannot be put off any longer. He further
explained that there is a similiar problem at Stonewall Elemen-
tary School but this work can be done in- house. Mr. Hott
explained that the figure given for this job is $640,000 for a
new roof and insulation. The roof will be white to help reflect
the heat and this price also includes windows.
202
Mr. Stiles stated that a project this size would probably
have to be funded through the Literary Fund. He asked Mr. Hott
to obtain prices on the condensation project and forward same to
the Board for their review.
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Orndoff, Sr. and passed unanimously, to advertise the annual
budget hearing for March 22, 1989 to be held in the Board of
Supervisor's meeting room, 20 N. Loudoun Street, 7:15 P.M. with
the tax rate at 66¢ per hundred, $4.25 for personal property,
$4.00 merchants capital, $13.00 per ton and $15.00 per ton for
commercial haulers for the Landfill.
Mr. Stiles stated that it was his understanding that Gore
School was to be deeded back to the Board of Supervisors.
Mr. Hott replied that was correct, the School Board voted
on this at their meeting on March 7.
Mr. Stiles appointed Mr. Rhodes and Mr. Crosen to appoint a
citizens committee to work on turning this building into a
community center.
ST FOR ABANDONMENT OF ROUTE 664 OPEQUON FORD
T►ar_
Mr. George Holben appeared before the Board on behalf of
his request.
Mr. Stiles stated this would be advertised for public
hearing for the April 12, 1989 meeting.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Robert M. Rhodes and passed unanimously, the abandonment of
Route 664 Opequon Ford Crossing is to be advertised for public
hearing.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE
AMEND
oo� -I-LV v Y - G - 7, LJL%,Z V0Z '1'AEr:S WC1L''LV PAYAbLB; PARAGRAPHS
4 -2 -9.1 - 4 -2 -9 - APPROVED
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Orndoff, Sr. and passed unanimously, the following Ordinance
amendment was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
5, ANIMALS AND FOWL; ARTICLE IV; DOGS; TO AMEND SECTION
4 -2 - LICENSE TAXES- -WHEN PAYABLE; PARAGRAPHS 4 -2 -9.1 -
4 -2 -9.3 TO READ AS FOLLOWS:
X03
4 -2 -9.1 On November 1 and not later than January 31 of
each year, the owner of any dog four months old
or older shall pay a license tax as prescribed in
paragraph 4 -2 -8.
4 -2 -9.2 If a dog shall become four months of age or come
into the possession of any person between January
1 and October 31 of any year, the license tax for
the current calendar year shall be paid forthwith
by the owner.
4 -2 -9.3 If a dog shall become four months of age or come
into the possession of any person between
November 1 and December 31 of any year, the
license tax for the succeeding calendar year
shall be paid forthwith by the owner and such
license shall protect such dog from the date of
purchase.
AN ORDINANCE TO AMEND THE FRED ERICK COUNTY CODE, CHAPTER
KEAL ESTATE; SECTION 2-6 CHANGES IN STATUS; PARAGRAPH
2 -6 -1 - APPROVED
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Orndoff, Sr. and passed unanimously, the following Ordinance
amendment was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
9, FINANCE AND TAXATION; ARTICLE II, SPECIAL ASSESSMENTS
FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE
REAL ESTATE; SECTION 2 -6, CHANGES IN STATUS; PARAGRAPH
2 -6 -1 TO READ AS FOLLOWS:
2 -6 -1 The owner of any real estate liable for roll -back
taxes shall report to the Commissioner of Revenue,
on forms to be prescribed, any change in use /zoning
of such property to a nonqualifying use or change in
zoning and shall pay the roll -back tax then due to
the Treasurer. The Commissioner shall forthwith
determine and assess the roll -back tax, which shall
be paid to the Treasurer within thirty days of
assessment. On failure to report within sixty days
following such change in use, such owner shall be
liable for an additional penalty equal to ten
percentum of the amount of the roll -back tax, which
penalty shall be collected as a part of the tax. In
addition to such penalty, there is hereby imposed an
interest of ten percentum per annum of the amount of
the roll -back tax or a fraction thereof, during
which the failure continues.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
13, MOTOR VEHICLES AND TRAFFIC; ARTICLE III, COUNTY
VEHICLE LICENSES; SECTION 3 -4, TREASURER'S RESPONSIBILI-
T1E5; L1GEN5h TAG YEKIUU Ur VALIDITY; FRURATIUN
APPROVED
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Orndoff, Sr. and passed unanimously, the following Ordinance
amendment was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
13, MOTOR VEHICLES AND TRAFFIC; ARTICLE III, COUNTY
VEHICLE LICENSES; SECTION 3 -4, TREASURER'S RESPONSIBILI-
TIES; LICENSE TAG PERIOD OF VALIDITY; PRORATION TO READ
AS FOLLOWS:
204
3 -4 The license tax or fee upon motor vehicles, trailers,
and semitrailers in the County shall be assessed by
the Treasurer and, upon payment of 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 or fees
shall be applied to general County purposes. County
license tags shall be valid from the 15th day of
April, in the year issued to the following 15th day of
April, at which time such license tag shall expire.
The Treasurer shall begin collection of the license
tax or fee and begin issuance of the license tag on
the 15th day of March of each year. The four or
more wheel vehicle license tax or fee assessed shall
December 31 and prorated at five dollars ($5) from
January 1 through April 14. Motorcycle fees shall be
five dollars ($5) from April 15 through December 31
and prorated at two dollars ($2) from January 1
through April 14 for the license year.
PLANNING COMMISSION BUSINESS
REZONING APPLICATION #001 -89 OF PARKFIELD ASSOCIATES -
GAINESBORO MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins, Planning and Development Director, presented
this request and stated that the Planning Commission recommended
approval.
Mr. John Lewis appeared before the Board on behalf of this
request.
Upon motion made by W. Harrington Smith, Jr. and seconded
by Robert M. Rhodes to approve rezoning application number
001 -89 of Parkfield Associates, P. 0. Drawer 3300, Winchester,
Virginia, to rezone 5.4465 acres, located West of U.S. Route
522, just Northwest of the City of Winchester. This property is
identified as Parcels 60 and 60A on Tax Map 53 in the Gainesboro
Magisterial District.
The above motion was passed by the following recorded vote:
Aye - Kenneth Y. Stiles, Robert M. Rhodes, W. Harrington Smith,
Jr. and Charles W. Orndoff, Sr. Dudley H. Rinker abstained from
voting due to a possible conflict.
CONDITIONAL USE PERMIT #013 -88 OF CHERYL L. ANDERSON -
STONEWALL MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this request and stated that the
Planning Commission recommended approval with conditions.
Mrs. Anderson appeared before the Board on behalf of her
request.
205
Upon motion made by Charles W. Orndoff, Sr. seconded by W.
Harrington Smith, Jr. and passed unanimously, conditional use
permit number 013 -88 of Cheryl L. Anderson, P. 0. Box 220,
Stephenson, Virginia, for an off -site sign to be located at the
intersection of Route 11 and Route 836, on the Southeast corner
was approved. This property is identified as Parcel 96 on Tax
Map 44 in the Stonewall Magisterial District.
CONDITIONAL USE PERMIT #001 -89 OF CHARLES AND NANCY
mvnonCllw - n_AT?JVQM!\nA MA _TQMV0TAT. nTCTATPFP - nDDRAC T?n
Mr. Watkins presented this request and stated that the
Planning Commission recommended approval with conditions.
Mr. Thompson appeared before the Board at this time.
Mr. Orndoff asked why the business would be closed on Satur-
day as he thought this would be one of their busiest days.
Mr. Smith read a letter from Board member Roger Crosen, in
his absence, stating that he was in favor of this request.
Upon motion made by Dudley H. Rinker, seconded by W.
Harrington Smith, Jr. and passed unanimously to approve condi-
tional use permit number 001 -89 of Charles and Nancy Thompson,
Route 5, Box 276, Winchester, Virginia, for a cottage occupation
for garden supplies and rentals, preparation and sale of baked
goods and a craft and gift shop to be located North of White
Hall on the West side of Route 739 and to amend condition number
3 to include Saturday hours from 7:00 A.M. to 6:00 P.M.
This property is identified as Parcel 55 on Tax Map 22 in the
Gainesboro Magisterial District.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE,
FOR THE SCREENING OF OUTDOOR 5TURAUB AND MANUVW- _L"UAIn" -
APPROVED
Mr. Watkins presented this and stated that the Planning
Commission recommended approval.
Mr. Tom Gilpin appeared before the Board on behalf of this
request.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the following Ordinance
amendment was approved:
206
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE,
CHAPTER 21, ARTICLE XIV, M -1 (LIGHT INDUSTRIAL) DISTRICT,
TO INCLUDE THE MANUFACTURE OF CONCRETE BLOCK, BRICK AND
RELATED PRODUCTS AS AN ALLOWED USE, WITH REQUIREMENTS
FOR THE SCREENING OF OUTDOOR STORAGE AND MANUFACTURING
TO READ AS FOLLOWS:
14 -2 -1.1.1 The manufacture of concrete block, brick and
related products. All storage or manufacturing
activities that are not located within a fully
enclosed structure shall be fully screened from
the view of surrounding properties or public
right -of -ways by an opaque fence of sufficient
height or by landscaped screens as defined by
this Chapter.
A REVISED COMPREHENSIVE POLICY PLAN FOR FREDERICK
COUNTY, VIRGINIA, CONCERNING HISTORIC PRESERVATION,
POPULATION GROWTH AND HOUSING, ENVIRONMENTAL PROTECTION,
LAND USE AND DEVELOPMENT, TRANSPORTATION, COMMUNITY
FACILITIES AND SERVICES, AND PARKS AND RECREATION -
APPROVED
Mr. Watkins presented this plan.
Mr. Jim Golladay, Chairman of the Planning Commission,
expressed his thanks to the Board for all their assistance in
updating this plan.
Mr. George Sempeles, resident of Stonewall District, appear-
ed before the Board and requested that Hackwood Estate be
excluded from this plan due to its historical significance and
requested that he be given six months in order to have the
Historical Department review this property.
Mr. Smith stated that he felt mistakes had been made by
former Boards with regard to other historical property within
the County and that he felt Hackwood should be saved.
Mr. Stiles stated that there is a method in place to evalu-
ate historic locations. He further stated that many people feel
it should be the boundaries for the urban development area based
on criteria and that everyone on the Comprehensive Planning
Committee felt that way, but it will take some time to come up
with a workable solution.
Mr. Watkins stated that he felt a Historic Resources Board
needed to be put in place.
Mr. Stiles requested that the Board members be prepared to
make appointments at the April 12 Board meeting and that anyone
interested in serving on this Board should contact a Board
member.
207
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the revised Comprehensive Policy
Plan was approved.
MASTER DEVELOP PLAN - WINCHESTER OFFICE PARK -
Mr. Watkins presented this request and stated that the
Planning Commission recommended approval. He further explained
this request with a slide presentation.
Mr. Smith stated that he felt a frontage road would be
highly desirable due to access to Route 522.
Mr. Bill Turner appeared before the Board on behalf of this
request.
Mr. Smith noted that he had discussed this with Mr.
Triplett and his only concern was the frontage on Route 522.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Rhodes and passed unanimously, the master development
plan of Winchester Office Park was approved.
Chairman Stiles left at this time, therefore Vice - Chairman
Rhodes presided over this part of the meeting.
FINAL SUBDIVISION PLAT - REGIONAL JAIL SITE - APPROVED
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the final subdivision
plat of the Regional Jail site was approved.
FINANCE COMMITTEE REPORT
Mr. Rhodes, Chairman of the Finance Committee, presented
the following report:
The Finance Committee did not meet on Wednesday, March 1,
1989. The following items require Board action:
t for a General Fund Supplemental Appropriation
Amnnnt nf s3.SOQ - AnDroved
Request from Steve Owen for a General Fund supplemental
appropriation of $3,500. No local funds are required. See
attached memo.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above request was approved.
e uest for a School Fund Appropriation Transfer
n the Amount of 4,481 - A pproved
208
Request for a School Fund appropriation transfer of $4,481.
See attached memo.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above request was approved.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
Cler , oard of uper isors