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October 25, 1989 Regular Meeting416 A Regular Meeting of the Frederick County Board of Super- visors was held on October 25, 1989, at 7:15 P.M., in the Board of Supervisors' 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. CALL TO ORDER The Chairman called the meeting to order. INVOCATI The invocation was delivered by the Reverend Paul Gunsten of the Grace Lutheran Church. ADOPTION OF AGENDA Mr. Stiles stated that he had a proclamation, the recommen- dations for the Legislative Agenda and a brief item to bring to the Board's attention. Mr. Riley noted that he had a transfer request from the Jail to the Sheriff's Department. Mr. Crosen stated that he had an item under "County Officials" with reference to a road name change. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the Agenda was adopted as amend- ed. APPROVAL OF MINUTES Mr. Crosen stated that in the minutes of the regular meet- ing of September 13, 1989, Page 3, it should read that Mrs. Beverly Sherwood is from Stonewall District and not Gainesboro District. He further noted that on Page 22, the third item should be written as to outline the waiving of fees. He requested that recommendation giving the Planning Commission's approval of a proposal to waive all building construction and development fees for County fire companies and rescue squads be so stated. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the minutes of the Regular meeting of September 13, 1989 were approved as amended. 47 CANCELLATION OF BOARD MEETINGS Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the last Board meeting in November, the 23rd, and the last meeting in December, the 28th, was cancelled due to the Thanksgiving and Christmas holiday. APPOINTMENT TO THE SHENANDOAH AREA AGENCY ON AGING - TABLED APPOINTMENT TO THE CHAPTER 10 BOARD - TABLED GEORGE G. SNARR REAPPOINTED TO THE HANDLEY REGIONAL LIBRARY BOARD Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, George G. Snarr was reappointed to the Handley Regional Library Board, said term to expire November 30, 1993. ELEANOR CASEY REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, Eleanor Casey was re- appointed to the Industrial Development Authority, said term to commence November 10, 1989 and expire on November 10, 1993. i t WADE EMMART REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, Wade Emmart was reappointed to the Industrial Development Authority, said term to commence on November 10, 1989 and expire on November 10, 1993. RONALD W. BUFFER NOMINATED TO THE BOARD OF ZONING APPEALS FROM GAINESBORO DISTRICT Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, Ronald W. Huffer was nominated to the Board of Zoning Appeals as a representative from Gainesboro District and this is to be forwarded to Judge Berry for his consideration. DAVID M.ZIEGLER, EXECUTIVE DIRECTOR, NORTHWESTERN COMMUNITY SERVICES, ADDRESSED THE BOARD Mr. David M. Ziegler, Executive Director, Northwestern Community Services, appeared before the Board and presented a video showing the services provided by Northwestern Community 418 Services to the citizens of Frederick County and surrounding localities. PROCLAMATION RE: NATIONAL EDUCATION WEEK - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the following proclama- tion was approved: WHEREAS, the citizens of our community have long recog- nized the historic link between education and a strong, free nation; and WHEREAS, our public schools have enabled generations of American families to build upon the lessons of the past to achieve the dreams of tommorrow; and WHEREAS, America's system of public education relies not only on the skills and dedication of teachers, school admini- strators, and education support staff, but also on the encourage- ment and support of the entire community. NOW, THEREFORE, I. Kenneth Y. Stiles serving as Chairman of the Board of Supervisors of Frederick County, do hereby proclaim American Education Week, November 12 -18, 1989. I urge all citizens to reaffirm their committment to our public schools and to recognize the critical role that learning plays in the preservation of liberty. Signed this 25th day of October, 1989. REQUEST TO CHANGE NAME OF ELM TREE LANE - APPROVED Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, Elm Tree Lane was changed to Redwood Lane. RESOLUTION RE: AUTHORIZING THE SUBMITTAL OF A RECYCLING DEMONSTRATION GRANT PROGRAM - APPROVED Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the following resolution was approved: WHEREAS, the Virginia Department of Waste Management has created a Recycling Grants Program to fund the implementa- tion of demonstration recycling projects within regions; and, WHEREAS, the County of Frederick proposed to construct an oil collection and recycling facility to serve the citizens of Frederick and Clarke Counties and City of Winchester; and WHEREAS, this project is estimated to cost $5,000; and, WHEREAS, the Lord Fairfax Planning District Commission is eligible to submit a joint application on behalf of the local- ities within the region and has done so, NOW, THEREFORE, BE IT RESOLVED, by the County of Frederick that the Lord Fairfax Planning District Commission is hereby requested to submit such regional application on behalf of the County; and, BE IT FURTHER RESOLVED, that the County of Frederick r agrees to accept responsibility jointly with the Lord Fairfax Planning District Commission and the other participating counties for all phases of the grant program in accordance with the Regulations as set out by the Department of Waste Manage- ment; and, BE IT FURTHER RESOLVED, that the Lord Fairfax Planning District Commission is hereby named and authorized to be re- sponsible for grant management on behalf of the County of Frederick. CORRESPONDENCE FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION DISCUSSED Correspondence from William H. Bushman, Resident Engineer with the Virginia Department of Transportation, dated October 5, 1989, was discussed and the matter of through truck traffic on old Route 645 was slated for public hearing by the Board as soon as possible. PLANNING COMMISSION BUSINESS PUBLIC HEARING CURRENT ROAD PROJECT PRIORITIES SECONDARY ROADS APPROVED AS A FREDERICK COUNTY'S Mr. Watkins, Planning and Development Director, presented the following current Road project priorities for Frederick County's secondary roads. There was no public input. MAJOR PROJECTS Major Projects are projects where reconstruction of hardsurfaced (paved) roads is needed for safety reasons. Road width, alignment, strength and gradient improvements are considered for major projects. 1990 -91 SIX YEAR MAJOR PROJECT ROAD IMPROVEMENT PLAN RANK ROUTE FROM TO ADT DISTRICT 1. 600 Rt. 50 1.45 mi. N. Rt. 516 Gainesboro 679 2. 661 3. 628 4. 656 ** 5. 621 * ** 6. 647 7. 608 8. 659 9. 656 Rt. 672 Rt. 663 *808 Stonewall Rt. 631 Rt. 732 1545 Back Creek Rt. 657 Rt. 659 *1380 Shawnee (including intersect.) Rt. 622 widen & Rt. 277 Rt. 50 widen & bridge widen & Rt. 1109 improve btwn. & Rt. 642 Rt. 616 improve btwn. and Rt. 7 improve btwn. 1808 Back Creek 6327 Opequon 2343 Back Creek *272 Shawnee 2254 Shawnee 420 - Indicates interpolated 1987 count * Indicates actual 1987 count ** Rt. 656, Greenwood Road, is to include the intersection of Rt. 656 and Rt. 659 Valley Mill Road (including "S" curve leg of Rt. 656) * ** Rt. 621 is to include drainage improvements South of Route 622 and realignment of "S" turn. Rt. 655 & Rt. 657 10. towns curb and gutter improvements Stephens City 11. towns curb and gutter improvements Middletown 12. 642 Rt. 1037 Rt. 522 S. 1028 Shawnee 13. 664 Rt. 761 Rt. 66 1000 Stonewall 14. 660 Rt. 664 Rt. 7 1133 Stonewall 15. 622 WCL Rt. 37 6620 Back Creek 16. 600 prev. Rt. 684 608 Gainesboro const. 17. 659 Rt. 656 bridge *258 Shawnee 18. 657 ECL WINCH. Rt. 656 8762 Shawnee 19. 739 Rt. 673 Rt. 522 3957 Gainesboro 20. 636 Rt. 277 Rt. 642 -455 Opequon 21. 644 ECL WINC. Rt. 522 4060 Shawnee 22. 661 Rt. 11 Rt. 7 -400 Stonewall 23. 622 Rt. 621 Rt. 37 3203 Back Creek 24. 657 Rt. 656 Clarke County 3813 Shawnee 25. 641 Rt. 647 Rt. 277 -1736 Opequon 26. 761 Rt. 11 Rt. 664 *2061 Stonewall 27. 659 Rt. 716 Rt. 656 3217 Shawnee 28. 636 Rt. 277 1.5 miles S. -510 Opequon 29. 621 Rt. 1109 Rt. 628 -1594 Back Creek 30. 600 Rt. 753 Rt. 614 2338 Back Creek 31. 655 Rt. 50 Rt. 656 2408 Shawnee 32. 642 0.2mi. W. Rt. 647 -5081 Opequon Rt. 1070 33. 661 Rt. 663 Rt. 11 6964 Stonewall 34. 628 Rt. 621 SCL WINCH. 2291 Back Creek 35. 627 Rt. 81 Rt. 11 -4948 Opequon 36. 704 Rt. 632 Rt. 683 -264 Back Creek NOTES: - Indicates interpolated 1987 count * Indicates actual 1987 count ** Rt. 656, Greenwood Road, is to include the intersection of Rt. 656 and Rt. 659 Valley Mill Road (including "S" curve leg of Rt. 656) * ** Rt. 621 is to include drainage improvements South of Route 622 and realignment of "S" turn. 421 ADT 1989 Average Daily Traffic Counts unless otherwise indicated. 1990 -1991 SIX YEAR NEW HARDSURFACE ROAD IMPROVEMENT PLAN New hardsurface projects are road projects where reconstruction of non- hardsurface roads is considered primarily with relation to the amount of traffic served. Route 673 from Route 722 to Route 663 is currently under construction, this was ranked number one on the priority list for 1988. RANK ROUTE FROM TO ADT ADT DISTRICT 1. 681 end of .2 mi.W. Bk. Ck. 187 Gainesboro H.S. 2. 635 Rt. 627 Rt. 634 45 Opequon 3. 809 Rt. 817 end 265 Back Creek 4. 666* Rt. 664 Rt. 761 117 Stonewall 5. 695 Rt. 522N. 1 mi. N. 522 89 Gainesboro 6. 734 Rt. 522N. 1.55 mi. S. Rt. 108 Gainesboro 522 7. 649 Rt. 648 Rt. 625 58 Back Creek 8. 636 Rt. 735 Rt. 640 60 Opequon 9. 706 Rt. 11 end 59 Back Creek 10. 702 Rt. 703 W. VA. 124 Gainesboro 11. 701 Rt. 703 W. VA. 133 Gainesboro 12. 695 1.09 mi. 2.30 mi. N. Rt. 86 Gainesboro N. Rt. 522 522 13. 695 2.30 mi. W. VA. 89 Gainesboro N. Rt. 522 14. 692 Rt. 600 Rt. 671 143 Gainesboro 15. 692 Rt. 671 W. VA. 58 Gainesboro 16. 625 Rt. 624 Rt. 635 102 Opequon 17. 699 0.5 mi. 0.7 mi. S. 694 142 Gainesboro 5.694 18. 633 Rt. 11 Rt. 625 106 Opequon 19. 696 Rt. 522 Rt. 694 84 Gainesboro 20. 638 Rt. 759 Rt. 625 84 Opequon 21. 629 Rt. 622 Rt. 608 139 Back Creek 1990 -91 NEW HARDSURFACE ADDITIONS RANK ROUTE FROM TO ADT DISTRICT 22. 636 Rt. 709 Rt. 735 49 Opequon 422 23. 811 Rt. 671 0.45 mi. N. 128 Stonewall DISTRICT 1. Rt. 671 0.5 mi. W. 640 24. 679 .30 mi. .5mi. E.600 98 Gainesboro W. 608 2. 679 25. 734 addition of 1. mi. 85 Gainesboro 26. 704 Rt. 683 W. VA. line ** *124 Back Creek 27. 676 .83 mi. Rt. 730 ** *154 Gainesboro Gainesboro S. 671 628 SCL Rt. 625 * Hardsurface as far as R/W available 608 0.80 mi. ** Right -of -way not available Back Creek * ** Indicates interpolated 1989 count 6. ADT 1989 Average Daily Traffic count bridge over Back Creek INCIDENTAL CONSTRUCTION 1990 -1991 RANK ROUTE FROM TO DESCRIPTION DISTRICT 1. 636 0.5 mi. W. 640 regrade slope Opequon and widen 2. 679 Rt. 789 0.25 mi. spot widen Gainesboro W.789 3. 692 Rt. 600 Rt. 671 spot widen Gainesboro 4. 628 SCL Rt. 625 165# S -5 Back Creek 5. 608 0.80 mi. E.681 bridge over Back Creek Back Creek 6. 622 int. 620 bridge over Back Creek Opequon Creek 7. 739 Rt. 650 Rt. 672 165# S -5 Stonewall 8. 616 Rt. 608N. 1.85 mi. 150# cold mix Back Creek 5.608 9. 608 1.69 mi. S. 629 bridge over Back Creek trib. Furnace Run 10. 659 0.30 mi. N. 7 bridge over Stonewall Red Bud Run 11. 648 Rt. 631 0.10 mi. spot widen Back Creek N. 631 12. 640 Rt. 639 0.50 mi. spot widen & Opequon S. 639 lay cutout material 13. 764 intersection Rt. 11 construct Stonewall drop inlet 14. 608 unpaved sections spot widen & Gainesboro tree removal 15. 681 unpaved sections spot widen & Gainesboro tree removal 16. 627 West of Middletown improve sight Opequon dist. at curves 123 Mr. Crosen requested that on Page 4 under "Six Year New Hardsurface Road Improvement Plan ", that he would like to see Route 699 to Timber Ridge hardsurfaced, and secondly the ranking amended as follows: #17, Route 699, moved to #10 #10, Route 702, moved to #11 #11, Route 701, moved to #12 #12, Route 695, moved to #13 #13, Route 695, moved to #14 #14, Route 692, moved to #15 Leave #16 as is as it is Route 625 in the Opequon District. #15, Route 692, moved to #17 Mr. Orndoff asked when work would begin on Route 660. Mr. Bushman replied the Summer of 1992. Mr. Smith asked about Route 642. Mr. Stiles stated this could be moved up and asked if it made any difference where it is on the priority list. Mr. Bushman stated that he would encourage it to be a high priority. Mr. Rinker asked when funding would be available for Route 647. Mr. Bushman replied the Summer of 1994. Mr. Smith asked about Route 656 and 657. Mr. Bushman replied the Summer of 1994. Mr. Orndoff asked about Routes 661 - 663 and 672. Mr. Bushman replied December of 1990. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the 1990 -1991 Six Year Secondary Road Improvement Plan was approved as amended. OTHER PLANNING ITEMS SUBDIVISION AND REVISED MASTER DEVELOPMENT PLAN - LAKERIDGE, SECTION II - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Chuck Maddox, Engineer, appeared before the Board on behalf of this request. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the subdivision request 424 and revised master development plan of Lakeridge, Section II was approved. REVISED MASTER NT PLAN - FREDERICK WOODS - Mr. Watkins presented this request and noted that the Plan- ning Commission recommended approval with conditions. Mr. Chuck Maddox, with G. W. Clifford and Associates, addressed the Board on behalf of the Petitioner. Mr. Orndoff asked the location of the lots belonging to Mr. Daniel Colaw. Mr. Maddox replied that they were located on the cul -de- sac. Mr. B. J. Tisinger, Attorney, appeared before the Board on behalf of the Petitioner and explained that 91 lots is what is being proposed. He further noted that 21,700 is the amount of proffer being offered. Mr. Rinker asked if there should not be two entrances rather than one. Mr. Maddox replied, no, two were not justified. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the revised master development plan of Frederick Woods was approved with conditions as noted by the Planning Commission. PLANNING COMMISSION PUBLIC HEARINGS (CONTINUED) CONDITIONAL USE PERMIT #013 -89 OF RICHARD DALE AND MERLE D. KERNS - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and noted that the Plann- ing Commission recommended approval with conditions. Mr. Kerns appeared before the Board on behalf of his re- quest. There was no public input. Upon motion made by Roger L. Crosen, seconded by Charles W. Orndoff, Sr. and passed unanimously, conditional use permit number 013 -89 of Richard Dale and Merle D. Kerns, HC -1, Box 130, Cross Junction, Virginia, for a country general store at the Southwest Corner of the intersection of Routes 600 and 690 was 4 2 5) approved. This property is identified as Parcel 25 on Tax Map 13 in the Gainesboro Magisterial District. CONDITIONAL USE PERMIT #014 -89 OF ROBERT R. SHEEHAN JR. - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval with conditions. There was no public input. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, conditional use permit number 014 -89 of Robert R. Sheehan, Jr., Route 1, Box 31 -7, Gore, Virginia, for a sign shop on Route 50 West, next to the Hayfield Family Restaurant was approved. This property is identified as Parcel 29 on Tax Map 39 in the Gainesboro Magister- ial District. CONDITIONAL USE PERMIT #017 -89 OF RICHARD A. KEELER - OPEQUON MAGISTERIAL DISTRICT - APPROVED WITH CONDITIONS Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval with conditions. Mr. Keeler appeared before the Board on behalf of his request. Mrs. Rezba appeared before the Board and stated that she owned property in Middletown and there were already three conven- ience stores in Middletown and she did not feel anymore were needed. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, conditional use permit number 017 -89 of Richard A. Keeler, Route 2, Box 1341, Front Royal, Virginia, for a convenience store on the Southwest corner of the intersection of Routes 634 and Route 11 was approved with conditions as noted by the Planning Commission. This property is identified as Parcel 116 on Tax Map 91 in the Opequon Magisterial District. REZONING APPLICATION #012 -89 OF THE TOP OF VIRGINIA nW(717T.n13M1;lk7m rnRAnRnmrnN - GTnNF.WAL T. MAGISTERIAL DISTRICT - Mr. Crosen stated that due to the fact that his employer was involved with this request, he would abstain from any discus- sion and vote on this request. 426 Mr. Smith also stated that he would refrain from any discu sion or vote as his employer has a financial interest in this property. It was noted that the two owners of the property are David Holliday and Ron Shickle. Mr. John Foot, Attorney, appeared before the Board on be- half of the Top of Virginia and requested that this request be referred back to the Planning Commission and staff for further study. He further explained that he felt this plan is in compli- ance with the Comprehensive Plan. He explained that he did not feel the Transportation Plan has been resolved at this point. Mr. Maddox appeared before the Board and noted that a thoroughfare is being planned for this area and the owners are willing to present a good proffer package. He also noted that Mr. Shickle and Mr. Holliday have stated that they are willing to meet with representatives of the Historical Society to work out an agreement that will be agreeable to everyone as they are willing to preserve some of the land. Mr. Maddox presented slides at this time of what is proposed for the area. Mr. Orndoff asked if the density proposed was 2.8. Mr. Maddox replied that was correct. Mr. Orndoff stated that he would like to see this moved back to 2.0. Mr. Maddox stated that he felt that would make a nice lot and he felt the recommendation could be accepted. Mr. Watkins addressed the Board and noted that the staff and Planning Commission recommended denial of this request, and further that he felt this should be referred back to the staff and Planning Commission. Mr. Stiles explained that he had asked the staff to prepare maps following the Planning Commission meeting to show the following: 1. Red Bud Run drainage area 2. Civil War activities 3. Steep Slopes - flood plain. 427 He noted these maps were available if any citizen was inter- ested in reviewing them further. The following citizens appeared before the Board concerning this request: Dr. Hirschberg opposed to this area being developed as this is where the Third Battle of Winchester was fought. Mrs. Eloise Strader, President of the Historical Society and owner of property in the County, appeared before the Board and introduced Dr. Gallagher, a Historian and teacher at Penn State. Dr. Gallagher explained that there is a lot of interest in this land as this is where famous battles were fought and that it is vital to achieve an agreement on what is to happen to this property. Mr. Roger DeLauder, resident of Winchester, felt this property should remain as it has always been. He further stated that his understanding of the Bill that is currently before the Senate with regard to the preservation of Historic Battlefields is not the same as Mr. Foot's, but felt this matter should be tabled until the Senate can determine if certain historic land should be saved. Mr. Brandon Beck, faculty member, Shenandoah College, felt this is a radical proposal. Mr. Alvin Glacousky, resident who lives across the road from where this development is being proposed, stated that schools in the area are already overcrowded and the roads would not be safe with this increased traffic. Mr. George Semples, resident of the County living close to historic Hackwood where he grew up, asked the Board to consider what would happen if they would put water and sewer lines across this limestone land. He explained that the land the developer wants to give for historic preservation is "trash" as it is all marshy land, and this request should not be granted solely because of the price that was paid by the developer, and further that this land should be left as it is. 428 Mr. Bernie Swartzman stated that he felt the Board should take the recommendation of the staff and Planning Commission and deny this request. Dr. Wayne Seipel, who lives East of this project and is opposed to this request, felt the Board should wait and see what Congress planned to do, and further that this area should be preserved and - requested that this be denied. Ms. Martha Wolfe, member of the Frederick County Land Use Committee for Preservation of Historic Frederick County, asked that this be denied and stated that this type of request would open development in the Stephenson area. Mr. Foot explained that there had to be a balance between preservation and development, and further, that the Bill in Congress is an uncertain issue at this time. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, rezoning application number 012 -89 of the Top of Virginia Development Corporation, was referred back to the staff and Planning Commission. COMMITTEE REPORTS FIRE AND RESCUE COMMITT REPORT Mr. Crosen, Board liaison on the Fire and Rescue Committee, presented the following report: The Fire and Rescue Committee met on Monday, October 16, 1989, at 7:30 P.M., in the Round Hill Volunteer Fire Company facility. All companies were present. Also present were Board member Roger L. Crosen, Emergency Services Coordinator Homer Sanders and Fire Marshall Paul N. Stinnett. Items Requiring Action Volunteer Fire and Rescue Personnel Personal Pr Tax Exemption - AAproved The Committee reviewed and accepted several of the Finance Committee's recommended changes to the proposed volunteer fire and rescue personnel personal property tax exemption program. Both Committees now recommend that the Board of Supervisors approve this program under the following guidelines: (1) Criteria for exemption is based on a point system (See Attachment 1); and M (2) Up to $150 may be exempted per year per household, regardless of number of fire and rescue personnel residing therein. Since the meeting, Supervisor Roger Crosen has suggested that the program be implemented on a fiscal year basis to pro- vide for processing prior to tax billing. To get started, he further recommends that the program go into effect January 1, 1990, and run through June 30, 1990, with a one -half ($75) exemp- tion available this first half year. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the above was approved. Items Not Requiring Action Introduction of Fire Marshall Roger Crosen introduced Paul N. Stinnett, the new Fire Marshall, to the Committee. Emergency Services Coordinator's Report Homer Sanders reported on his monthly activities which in- cluded the following items: (1) Attended LEPC, Contingency Plan, and Wheatlands project meetings; (2) Responded and investigated complaints regarding hazardous materials at Capon Bridge, the visitor's Center located on 81 North, Route 81 and 11 Scales; an electrical hazard involving 240 volt line in street at a construction site which included assistance from Kenny Coffelt's office; two fuel spills; and two explosive complaints. Fire Marshall's Report Paul Stinnett reported that there have been 13 inspections for relicensing, four tank inspections, four sprinkler inspec- tions, three smoke detector inspections, 12 site plan reviews, four burning permits issued, and four fire investigations. NFPA 1500 The Subcommittee study of this legislation is still ongoing. A recommendation from the Committee should be forthcoming to the Board of Supervisors in November. LEGISLATIVE AGENDA - APPROVED AS AMENDED Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following request 430 for the Legislative Agenda for the upcoming General Assembly was approved: 1. Assist local governments with school construction debt. 2. Insure that appropriate funding will be available for administrative cost in social services and that adequate funding will be available for foster care. 3. Protect local government from additional State mandates in education either by continuing to defer said mandates or providing funding for said mandates. 4. Avoid further legislation that will give criminals more rights than their victims. 5. Amend legislation that will allow juries to be informed as to eligible probation depending upon length of sentence imposed by said jury. 6. Repeal referendum provision on meals tax. Give Counties equal taxing power. 7. Include Frederick County in the Northern Virginia region for State salary supplements due to cost of living. 8. Reimburse data processing expenses for Constitu- tional Offices. Law allows up to 50% reimburse- ment for local data processing services; our locality is not receiving reimbursement. 9. Increase capital outlay for Constitutional Officers from 33% to 50% funding. 10. Allow mileage reimbursement for travel for the Treasurer. In particular, new Treasurers do considerable more traveling in first year in office. 11. Office expense increases for Constitutional Offices each year should increase more realistically to keep pace with inflation. 12. Eliminate the State Compensation Board and move funding approval to a subcommittee of the Senate Finance Committee or House Appropriation Committee. 13. Amend 58.1 -3919 to allow local Treasurer filing distress warrants to lien property for current tax year if taxpayer shows delinquency for more than one previous year. 14. Allow proceeds from the State lottery to be used for local school capital construction funds. POSITION TRANSFERRED FROM THE JAIL TO THE SHERIFF'S DEPARTMENT Mr. Riley explained that this position was for Courtroom security. 431 Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, a Bailiff position was transferred from the Jail to the Sheriff's Department. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WA$ ORDERED THAT TES; BOARD OF SUPERVISORS ADJOURN. j r Chiirman, Boa d upervisors Clerk, o d of Superftisors