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October 28, 1987 Regular Meeting35G A Regular Meeting of the Frederick County Board of Super- visors was held on October 28, 1987, 7:15 P.M., in the Board ofl Supervisor's Meeting Room, Old Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice - Chairman; Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William Orndoff, Jr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION Everyone observed a moment of silence in absence of a Mini4 ster. ADOPTION OF AGENDA Mr. Stiles stated that the public hearing on the proposed budget for Shawneeland will be the first item on the Agenda following "Approval of Minutes ". The Agenda was adopted as submitted. APPROVAL OF MINUTES Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the regular meeting of September 9, 1987 were approved as sub- mitted. Mr. Throckmorton stated that on Page 12 of the September 23, 1987 minutes, on the motion for Dominion Knolls, it should read that this request was still on the table due to the fact that the motion was to deny and the vote was 3 -3. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the minutes of the regular meeting of September 23, 1987 were approved as amended. PROPOSED BUDGET FOR SHAWNEELAND - BUDGET AMENDMENT FOR 1987 -1988 FISCAL YEAR - APPROVED Mr. Riley presented this request and stated that from what he had been told by the citizens currently living in Shawneel the condition of the roads are the greatest concern at this time. Mr. Stiles read the rules for a public hearing. 353 Mrs. Ruth Vales, resident of Shawneeland for fourteen years, appeared before the Board and stated that she felt the roads need attention but not for the amount that is listed in the budget. Mr. Throckmorton asked of the amount allotted for roads how much did she feel should be spent. Mrs. Vales replied that she was not sure but she felt $40,000 was too much to be spent. Mrs. Thelma Rogers, resident of Shawneeland for 21 years, appeared before the Board and asked how HALOAS could come up with this budget. She further stated that she felt security needed to be addressed and felt that capital improvements was great but that the roads needed to be improved in order that the residents could get in and out. She asked about the salaries that were listed as well as the $10,000 per year for debt service. Mrs. Rogers further stated that she did not understand how everyone could be held responsible for something that some- one else got them into. Mr. Rhodes replied to Mrs. Rogers with reference to her questions about the roads, asking Mr. Ambrogi, Commonwealth's Attorney, to respond to this. Mr. Ambrogi stated that the County owns the roads and stated that is the benefit of the Sanitary District so that all citizens of the County do not have to pay for something that the citizens of Shawneeland benefit from. Mr. Stiles stated that this was a public hearing and every- thing said tonight would be taken under advisement and voted on at a later date by the Board. He further explained what part HALOAS and the Advisory Committee had played in this matter up to now. Mr. Tucker Foster, resident of Shawneeland, appeared before the Board and stated that he felt the County should hire a con- sultant on this matter. Mr. Gary Kober appeared before the Board at which time Mr. Riley read a prepared statement that Mr. Kober had written: 354 My name is Gary Kober, I live in Frederick Couty and a resident of Shawneeland. Mr. Chairman, Board members, Ladies and Gentlemen: This is a prepared statement that consists of my views and l opinions. I come before the Board this evening, not to represent any private group, or organization, but as an individual taxpayer. I hope to be able to shed a better light and maybe some new ideas on the matter of this Sanitary District Budget. My feelings on the "needs" for Shawneeland are two fold. They are updated roads and added police at the professional level. These two needs could be added to the needs and service the County provides now through the taxes I pay. I feel a way to pay for the two additional needs is for t Board of Supervisors to use the different County agencies and professional personnel already put in place by tax monies to prepare and propose a special sanitary district tax. In my opinion all the other things in the budget are "wants ". These wants in my opinion are brought about by a private group or organization who took on the task of acquiring properties in Shawneeland through the Courts. It is then my opinion that these properties should not be paid for by taxpayers monies, but should be paid for by the private group o organization's Board of Directors and or there members. I feel it would be a lot easier for the Board of Supervisors of Frederick County to use the resources available to them to solve the two "needs" of the taxpayers rather than solving "wants" of a private group. Thank you for your time /s/ Gary A. Kober 10/28/87 Mr. Stiles asked how many citizens from Shawneeland present at tonight's meeting felt that the roads were the number one priority. The majority of the citizens raised their hand. Mr. Gene Janisch, resident of Shawneeland for seventeen years, appeared before the Board and stated that he had some problems with some of the allocations, especially security. Mr. Hal King, resident of Shawneeland and Chairman of the Budget Committee, appeared before the Board to explain why some of the budget items were placed in the budget. Mr. Bill Still, President of HALOAS, appeared before the Board and stated that he felt the minority of the residents wanted the roads repaired and that the majority wanted security as the number one priority. He further stated that he felt the most important thing now is to get a budget in order that funds would start coming in. 355 Ms. Pamela Foster, resident of Shawneeland, appeared before the Board and stated that Mr. and Mrs. Still felt that they were representing the majority of the residents of Shawneeland in what the residents want but they are not. She further stated that there needed to be a vote from everyone living in Shawneeland. Mr. Jim Diehl, resident of Shawneeland, appeared before the Board and stated that he felt the Board should not vote on this budget tonight as he felt more input was needed. It was the consensus of the Board to set aside one night wherein the Board's Finance Committee and the Advisory Board from Shawneeland would meet at the lodge at Shawneeland and citizens could express their concerns at this meeting. Mrs. Maddox stated that she felt roads were important but improved roads would not bring security. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, to approve the following rates for Shawneeland, $220 per year for improved lots and $160 per year for unimproved lots. If there are two adjoining lots, only one will be taxed. Mr. Owings stated that he felt most of the residents at tonight's meeting were in favor of this and further that they should know how the money would be allocated. The above mentioned meeting will be held on November 10, 1987, 7:00 P.M., at the Lodge in Shawneeland. CERTIFICATE OF APPRECIATION TO JEFF VEAL - APPROVED Mr. Riley read the Certificate of Appreciation to Jeff Veal for his athletic accomplishments during his Senior year at Shenandoah Valley Christian Academy. Mr. Veal was present to accept his certificate. CERTIFICATE OF APPRECIATION TO JAMES WOOD VARSITY CHEER- LEADERS - APPROVED Mr. Riley read the Certificate of Appreciation to the James Wood Varsity Cheerleaders for their outstanding achievements during the State competition held recently in Harrisonburg. Two members of the squad were present to accept the resolu- tion. Mr. Stiles stated that the Certificates of Appreciation fo� the following will be presented to the 4 -H members and Alumni but will not be presented to the members until their Annual 4 -H Achievement Night on November 7: Rhoda Maddox, Kelli Carpentero Cathy Carpenter, Brandi McDonald, Bryan DeOms, Lucy Walker, Ryar Stiles, Ginger Doody, Melanie Papierniak, Chellie Hyre, Scott Lewis and Gene Doody. ROBERT CARTER, DIVISION OF HISTORICAL LANDMARKS, ADDRESSED THE BOARD Mr. Robert Carter, with the Division of Historical Land- marks, appeared before the Board and stated that a grant was available from the Virginia Division of Landmarks which could used in conjunction with matching funds from the County which would be used for a reconnaissance level survey of structure a sites within the boundaries of Frederick County. Mrs. Mary Jane Light appeared before the Board and stated that she was there on behalf of the Winchester- Frederick County Historical Society to request that the County consider donating $12,000 to be used in a matching grant as Mr. Carter stated above. Mr. Stiles referred this request to the Finance Committee. RESOLUTION FROM LORD FAIRFAX PLANNING DISTRICT COMMISSION RE: COALITION FOR THE MENTALLY DISABLED CITIZENS OF VIRGINIA - APPROVED Mr. Riley presented this request. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the following reso- lution was approved: WHEREAS, Virginia was the first in the nation to provide care for its mentally retarded and mentally ill citizens; and, WHEREAS, Virginia today ranks 44th among the 50 states in per capita funding for mental retardation community services and 31st in community services to the mentally ill, but is 17th in per capita income; and, WHEREAS, The Coalition for Mentally Disabled Citizens of Virginia has made a request to the Governor for major state funding initiative for services to Virginia's mentally disabled citizens; and, WHEREAS, The Local Coalition of Mentally Disabled Citizens is greatly concerned about citizens in need of mental health, mental retardation and substance abuse services. 357 NOW, THEREFORE, BE IT RESOLVED, that the Lord Fairfax Planning District Coalition for the Mentally Disabled Citizens of Virginia, urges the Governor and General Assembly to consider funding of services for the mentally disabled among the top priorities for the 1988 -1990 Biennium. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 9 FINANCE AND TAXATION, TO REPEAL ARTICLE III, REAL ESTATE TAX RELIEF FOR CERTAIN ELDERLY PERSONS AND TO READOPT ARTICLE III, REAL ESTATE TAX RELIEF FOR THE ELDERLY AND DISABLED TO INCLUDE SECTIONS 3 -1 - 3 -7 - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, to repeal Chapter 9 of the Frederick County Code, Finance and Taxation, Article III, Real Estate Tax Relief for Certain Elderly Persons. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the following ordi- nance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 9 FINANCE AND TAXATION, TO READOPT ARTICLE III, REAL ESTATE TAX RELIEF FOR THE ELDERLY AND DISABLED, TO READ AS FOLLOWS: 3 -1 DEFINITIONS For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless another mean- ing shall clearly appear from the context: 3 -1 -1 AFFIDAVIT - The real estate tax exemption affidavit. 3 -1 -2 DWELLING - The sole residence of the person claiming exemption; provided, however, that the fact that a per- son who is otherwise qualified for tax exemption by the provisions of this Article is residing in a hospital, nursing home, convalescent home or other facility for physical or mental care for an extended period of time shall not be construed to mean that the real estate for which exemption is claimed ceases to be the sole dwell- ing of such person during such period of other resi- dence, so long as the real estate in question is not used by, or leased to, others for consideration. 3 -1 -3 EXEMPTION - The percentage exemption from the property tax imposed by the County allowable under the provi- sions of this Article. 3 -1 -4 PERMANENTLY AND TOTALLY DISABLED - As applied to a per- son claiming an exemption under this Article, means a person furnishing the social security certification or medical affidavits required by Section 3 -4 of this Code, and who is found by the Commissioner of the Revenue to be unable to engage in any substantial gain- ful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life. 3 -1 -5 TAXABLE YEAR - The calendar year, from January 1 through December 31, for which such property tax exemp- tion is claimed. 3 -2 PURPOSE OF ARTICLE 358 It is hereby declared to be the purpose of this Articl( to provide real estate tax exemptions for qualified property owners who are not less than sixty -five years of age or permanently and totally disabled and who are otherwise eligible according to the terms of this Article. Pursuant to the authority of Section 58.1 -3 of the Code of Virginia, the County finds and declares that persons qualifying for exemption hereunder are bearing an extraordinary real estate tax burden in reli tion to their income and financial worth. 3 -3 QUALIFICATIONS FOR EXEMPTION Exemption pursuant to this Article shall be granted to persons and for property complying with the following provisions: 3 -3 -1 The title to the property for which exemption is claimed is held, or partially held, by the person or persons claiming such exemption, as of January 1 of th taxable year for which such exemption is claimed. 3 -3 -2 The dwelling for which the exemption is claimed is occupied as the sole dwelling of such claimant or clai ants. 3 -3 -3 If the dwelling for which the exemption is claimed is mobile home, the owner's intention that it be permanen ly affixed must be shown by the facts that: 3 -3 -3.1 It is located on land owned in whole or in part by the owner of the mobile home, his or her spouse, parent or child, and is connected to permanent water or sewage lines or facilities; or 3 -3 -3.2 Whether or not it is located on land owned by persons described in Section 3 -3 -3.1 above, it rests on a perm nent foundation and consists of two or more mobile units which are connected in such a manner that they cannot be towed together on a highway, or consists of mobile unit and other connected rooms or additions which must be removed before the mobile unit can be towed on a highway. 3 -3 -4 The head of household claiming such exemption is sixty five years of age or older, or permanently and totally disabled as of December 31 of the year immediately pre ceding the taxable year for which the exemption is claimed. 3 -3 -5 The gross combined income from all sources of such claimant owner or owners of such dwelling, living ther in, and of their relatives living in such dwelling, fo the immediately preceding calendar year does not excee the sum of sixteen thousand dollars in the case of exemption claimants provided that the first five thousand dollars of any income received by any claiman owner as permanent disability compensation shall not b included in such total; and provided that the first three thousand dollars of income of each relative, other than spouse of such claimant owner or owners, wh is living in such dwelling shall not be included in such total. 3 -3 -6 The net combined financial worth of such claimant owne or owners and of their relatives living in such dwell- ing, as of December 31 of the year immediately preced- ing the taxable year for which the exemption is claimed, does not exceed thirty thousand dollars. Net combined financial worth shall include the value of al assets, including equitable interests, exclusive of th fair market value of the dwelling for which exemption 359 is claimed and of the land not exceeding one acre upon which it is situated. Net worth is computed by sub- tracting liabilities from assets. 3 -4 APPLICATION FOR EXEMPTION; INVESTIGATION OF AFFIDAVIT 3 -4.1 Annually, and not later than April 1 of each taxable year, every person claiming an exemption under this Article shall file a real estate tax exemption affidav- it with the Commissioner of the Revenue of the County. The date for filing such an affidavit by an applicant may be extended by the Commissioner of the Revenue to July 1 of a taxable year in a hardship case in which the Commissioner of the Revenue determines that the applicant was unable to file by April 1 of the particu- lar taxable year because of illness of the applicant or confinement of the applicant in a nursing home, hospital, or other medical facility or institution; provided, that such real estate tax exemption affidavit is accompanied by a sworn affidavit of one medical doctor licensed to practice medicine in the Common- wealth. 3 -4.2 The affidavit shall set forth the names of the related persons occupying the real estate for which exemption is claimed and the total combined net worth and com- bined income of such persons as defined in this Article. The form of such affidavit shall be determined by the Commissioner of the Revenue and shall contain such other information as may be required adequately to determine compliance with the provisions of Section 3 -3 of this Code. The affidavit of any person less than sixty -five years of age who is claiming an exemption under this Article shall be accompanied by a certifica- tion from the Social Security Administration, or if such person is not eligible for social security, a sworn affidavit from two medical doctors licensed to practice medicine in the Commonwealth to the effect that the applicant is permanently and totally disabled as defined in Section 3 -1 of this Code. In addition, the Commissioner of the Revenue may make such further inquiry of persons seeking to claim exemption requiring answers under oath and the production of certified tax returns, as may be deemed reasonably necessary, to determine eligibility for an exemption. 3 -4.3 The Commissioner of the Revenue, after audit and invest- igation of such affidavits, shall certify a list of the persons and property qualifying for exemption and the amount thereof to the County Treasurer, who shall forth- with deduct the amounts of such exemption from the real estate tax chargeable for the taxable year to such persons and property. 3 -5 CALCULATION OF AMOUNT OF EXEMPTION The amount of the exemption granted pursuant to this Article shall be a percentage of the real estate tax assessed for the applicable taxable year in accordance with the following scale: Total Combined Income $ -0- - $ 5,000 $ 5,001 - $ 7,000 $ 7 - $ 9,000 $ 9,001 - $11,000 $11,001 - $13,000 $13,001 - $16,000 Percentage of Exemption 100% 95% 85% 70% 50% 25% 3 -6 CHANGES IN STATUS 360 Changes in respect to income, financial worth, owner- ship of property or other factors occurring during the taxable year for which the affidavit is filed and hav- ing the effect of violating or exceeding the limita- tions and conditions of Section 3 -3 of this Code shall nullify any exemption for the then current taxable yeas and for the taxable year immediately following; provid- ed that no change in income or financial worth which does not have the effect of violating the maximum limitations of Section 3 -3 of this Code shall operate to increase or decrease the percentage of exemption previously determined by the Commissioner of the Revenue pursuant to Section 3 -5 of this Code. 3 -7 FILING FALSE CLAIMS It shall be unlawful for any person to falsely claim exemption or deferral under this Article. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 13, MOTOR VEHICLES AND TRAFFIC, TO REPEAL ARTICLE III, COUNTY VEHICLE LICENSES AND TO READOPT ARTICLE III TO INCLUDE SECTIONS 3 -1 - 3 -10 - APPROVED Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, to repeal the Frederick County Code, Chapter 13, Motor Vehicles and Traffic, Article III, County Vehicle Licenses. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 13 MOTOR VEHICLES AND TRAFFIC, TO READOPT ARTICLE III, COUNTY VEHICLE LICENSES, TO READ AS FOLLOWS: 3 -1 DEFINITIONS "Motor Vehicle ", "Trailer ", "Semitrailer" and "Owner" when used in this Article shall, for the purpose of this Article, have the meanings respectively ascribed to them in Section 46.1 -1 of the Code of Virginia, 1950, as amended, which is adopted herein as far as necessary by this reference, except in those instances where the context clearly indicates a different mean- ing. 3 -2 VEHICLES REQUIRED TO BE LICENSED Every motor vehicle, trailer, or semitrailer which is normally garaged, stored or parked in the County or every motor vehicle, trailer or semitrailer for which it cannot be determined where such motor vehicle, trailer or semitrailer is normally garaged, stored, or parked and the domicile of the owner thereof is in the County, shall be licensed in the County and display a valid County license tag, except such motor vehicles, trailers or semitrailers which are exempt from this requirement as provided in Section 46.1 -66 of the Code of Virginia, 1950, as amended. 3 -3 SCHEDULE OF FEES There is assessed an annual license tax or fee on all such motor vehicles, trailers, or semitrailers require to be licensed in the County in the amount as follows, 3s, except that the amount of such license tax or fee shall in no event be greater than the amount of the license tax imposed by the Commonwealth on such motor vehicle, trailer or semitrailer: 3 -3 -1 Passenger car $15.00 3 -3 -2 Convertible use $15.00 3 -3 -3 Private School Bus $ 0.25 per hundred pounds of weight or major fraction thereof, except that in no event shall such license tax or fee exceed $15.00. 3 -3 -4 Taxicab $ 0.50 per hundred pounds of weight or major fraction thereof, except that in no event shall such license tax or fee exceed $15.00. 3 -3 -5 Motorcycle, with or without side car $15.00 Truck as a single unit, truck - trailer combination, tractor or truck and semitrailer combination $15.00 3 -4 TREASURER'S RESPONSIBILITIES; LICENSE TAG PERIOD OF VALIDITY; PRORATION 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 license tax or fee assessed shall be prorated for fractional periods of the license year. 3 -4 -1 The Board of Supervisors may, upon finding that the Treasurer is unable to efficiently issue the replace- ment license tags before the date of expiration, or that the persons seeking to secure such license tags are, as a group, unable to do so without being substant- ially inconvenienced, declare a grace period for the replacement of such license tags, which shall have the effect of postponing the expiration of the license tags to be replaced. 3 -5 LI CENS E TAG DEFINED The term "license tag" as used in this Article shall mean either a plate, sticker or decal, the County hav- ing the option of issuing either a metal plate or a windshield sticker or decal. Any sticker or decal issued by the County shall be affixed to the inside of the windshield in accordance with State Law and shall be in open and obvious view insofar as allowed by State Law. 3 -6 PAYMENT OF PERSONAL PROPERTY TAX REQUIRED '362 No motor vehicle, trailer or semitrailer shall be licensed by the County until the applicant for such license has produced satisfactory evidence that all personal property taxes upon the motor vehicle, trailer or semitrailer to be licensed have been paid and satis• factory evidence that any delinquent motor vehicle, trailer, or semitrailer personal property taxes owing having been paid which have been properly assessed or are assessable against the applicant by the County. 3 -7 TRANSFER OF LICENSE TAGS 3 -7 -1 A valid license tag issued by the County shall be tran ferred from one vehicle of like category of license taxation or fee to another of the same category (e.g. from a passenger car to a passenger car) upon applica- tion of the owner and payment of a transfer fee of $1.00 for each transfer; provided that the owner of th vehicle for which the license to be transferred from i the same person as the owner of the vehicle for which the license is to be transferred to. 3 -7 -2 A replacement license tag shall be issued for a lost, stolen or mutilated license tag upon application by t owner, satisfactory proof that such license tag has been lost, stolen or mutilated and payment of the fee of $1.00. 3 -8 SEVERABILITY OF PROVISIONS If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional of otherwise invalid or unenforceable by a Court of compe- tent jurisdiction, such declaration shall not affect the validity of enforceability of the remaining provi- sions of this Ordinance. 3 -9 CREDIT FOR TAXES OR FEES PAID TO TOWN WITHIN THE COUNT) Same as 3 -7. 3 -10 PENALTY FOR FAILURE TO OBTAIN AND DISPLAY LICENSE TAG, DISPLAY OF EXPIRED LICENSE TAG It shall be unlawful for the owner of any motor vehi- cle, trailer or semitrailer, required to be licensed i the County under this Article, to fail to obtain and display the required County license tag or to display upon such motor vehicle, trailer or semitrailer any County license tag after its expiration date. A viola tion of this Ordinance shall constitute a misdemeanor punishable by a fine not to exceed twenty dollars ($20.00). BUDGET ADJUSTMENTS FOR SCHOOL CONSTRUCTION FUND FOR FISCAL YEAR 1987 -1988 - APPROVED Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the following resolution was approved: WHEREAS, a notice of Public Hearing and a Budget synop- sis has been published and a public hearing held on October 28, 1987, in accordance with Title 15.1, Chapter 4, Section 15.1- 162.1, of the Code of Virginia, 1950, as amended, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the Budget amendment for the 1987 -1988 fiscal year as advertised in the Winchester Evening Star on October 21, 1987, be hereby approved in the Gl amount of $5,167,843 and that appropriations in the amount of $5,167,843 be hereby authorized for the 1987 -1988 fiscal year. BUDGET FUND REQUEST - EMERGENCY SERVICES Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, authorization was given to transfer $6,000 from the operating contingency fund to 3505, emergency services. This request is to provide funds for the Emergency Services Coordinator to include wages $4,500, training and mileage ex- penses, $1,500. PLANNING COMMISSION BUSINESS SUBDIVISION REQUEST - BETTIE E. WINSLOW - APPROVED Mr. Watkins, Director of Planning and Development, present- ed this request and stated that the Planning Commission recom- mended approval. Mr. Ben Butler, Attorney, appeared before the Board on be- half of this request. There was no opposition. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the subdivision request of Bettie E. Winslow was approved. REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - WESTSIDE STATION - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Ed Dove, President of Dove and Associates, appeared before the Board on behalf of this request and stated that he felt the double cul -de -sac addressed everyones concerns. There was no opposition. Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throckmorton and passed unanimously, the revised preliminary master development plan of Westside Station was approved. REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - DOMINION KNOLLS - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. He further stated that the Planning Commission denied the 150 foot buffer and approved the 200 foot buffer. 364 Mr. Owings asked if the parking spaces had changed. Mr. Orndoff replied that they had. Mr. Ed Dove, with Dove and Associates, appeared before the Board on behalf of this request. Mr. Orndoff asked if all of the water system would be underground. Mr. Dove replied yes and that there would be closed conduit and a retention pond is proposed as well as curbs and sidewalks. He further stated that the principals in this partnership had changed and the new owners are Graham Nelson, Dan Harris, five or six investors, along with Rufus Boyce and himself. The new name of this partnership will be Baker Street Joint Venture. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the revised pre- liminary master development plan of Dominion Knolls was approved. REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - GREENBRIER SOUTH - APPROVED Mr. Watkins presented this request and stated that the Pla ning Commission recommended approval. Mr. Bruce Edens appeared before the Board on behalf of this) request. There was no opposition. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the revised preliminary master development plan of Greenbrier South was approved. PRELIMINARY MASTER DEVELOPMENT PLAN - AIRPORT CORPORATE CENTER - APPROVED Mr. Watkins presented this request and stated that the Plan} ning Commission recommended approval. Mr. David Anhold, of Cox Company, appeared before the Board on behalf of this request. There was no opposition. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the preliminary 365 master development plan of Airport Corporate Center was approved. Mr. Orndoff asked if there will be internal access roads for those businesses that are already there. Mr. Anhold replied yes. Mr. Orndoff requested that this be a part of the record. PRELIMINARY MASTER DEVELOPMENT PLAN - A. BROKERS ASSOCIATED - APPROVED Mr. Watkins presented this request and stated that the Plan- ping Commission recommended approval. Mr. Butch Kerns appeared before the Board on behalf of this request. There was no opposition. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the preliminary master development plan of A. Brokers Associated was approved. MEMORANDUM RE: MINING A memorandum was presented to the Board with reference to permitting mining as a conditional use in A -2 or A -1 zoning dis- tricts. It was requested that this be further researched by staff. ALBERT NICHOLSON ADDRESSED THE BOARD Mr. Stiles stated that with the Board's permission, Mr. Albert Nicholson had requested to appear before the Board. The Board concurred with this request. Mr. Nicholson stated that he was concerned about the prac- tices of the local Health Department and whether the Board of Supervisors could offer any assistance with the problems he had encountered in trying to have his land perked. Mr. Throckmorton stated that he felt a staff member from the Health Department should be present at the next Board meeting to discuss the concerns of Mr. Nicholson. Mr. Stiles stated that a couple of other situations concern- ing the Health Department had been brought to his attention that are as bad or worse than Mr. Nicholson's and he felt they needed the Board's attention. 366 Mr. Stiles requested that Mr. Sluder of the Health Department be present at the Board meeting on November 11, 1987. COMMITTEE REPORTS FIRE AND RESCUE COMMITTEE REPORT Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented the following report: The Fire and Rescue Committee met on Monday, October 19, 1987, at 7:30 P.M., in the Middletown Fire Company facility. All Companies except Company 19 were present. Also in attend- ance were Board member C. William Orndoff, Jr.; Emergency Services Coordinator Homer H. Sanders; Lord Fairfax E.M.S. Director Mike Butler and Assistant County Administrator Stephen F. Owen. The following items were discussed, however, none require Board action: Emergency Services Coordinator Homer H. Sanders was introduced to the Committee as the County's new Emergency Services Coordinator. Mr. Sanders states that he was looking forward to working with the Committee and individual Companies and hoped that they would feel free to cal] on him for assistance any time. Emergency Operations Plan Steve Owen noted that the State's review of the EOP should) be completed within the next couple of weeks. Homer Sanders will coordinate a table top exercise of the plan once final re- visions have been made, possibly on November 23. First Responder Licensing Mike Butler explained the benefits of first responders ob- taining EMS licenses, which is the first step towards upgrading emergency response capability. It is anticipated that this could be accomplished in early 1988. E911 System Steve Owen advised that C &P will hold a meeting at 4:30 P.M. on November 5, to discuss an E911 system that should work for rural addresses. This system is already in operation in 367 Wisconsin and a trip to see it in operation is planned for October 22 -23. Other Business Chief Lofton of Reynolds Store briefed the Committee on a bomb threat at Leary Education Center on October 12. Homer Sanders mentioned his intention to prepare evacuation plans for schools and also noted that bomb squads are probably available from Fort Belvoir and the State Police in Culpeper. Bill Orndoff noted that the County had recently adopted a building maintenance code for commercial and industrial build- ings, which probably could be used to address several problems at a local department store. Mr. Stiles noted that the trailers at Zayre's need to be moved. SANITATION AUTHORITY REPORT Mr. Owen, Assistant County Administrator, presented the following report and stated that it was for the Board's informa- tion and no action was necessary: Tom Throckmorton attended the regular meeting of the Sanita- tion Authority on Tuesday, October 13, 1987. Minutes of that meeting will be forthcoming. I attended the Authority's public hearing on increased service and connection charges later that night. Handouts on the increases are attached. Before the public spoke, Wendy Jones reported that the proposed Stephens Run area service in- crease was 10 percent and that the Lakeside area adjustment would equalize rates for the two areas. He noted that connec- tion fees are made up of lateral charges, availability charges and local facilities charges. The proposed availability charge calculation method would change from being based on estimated use to being based on meter size. Ronnie Ward and Jim Vickers both spoke in favor of the in- creases, but stated that the Authority should honor existing building permits under the old rates until the end of October. Vickers noted that with 95 building permits currently issued to Oakcrest Builders, his company could loose over $100,000 if the 368 new rates were imposed immediately without some sort of grace period. Because the homes have been presold, these increases cannot be passed along to the buyers. George Romine requested clarification of the Authority's position on connection fee exceptions for industry, to which Wendy Jones explained that the Authority may want to waive connection fees to assist in attracting a desirable industry to the area. Jim Wilson asked several questions related to how basing connection fee charges on meter size would effect an industrial building he has under construction. Finally, a rate study committee consisting of R. S. Carper James Diehl and Allen Jobe was formed to make a recommendation on the connection fee increase. The new service charges for Stephens Run and Lakeside service areas were adopted unanimous- ly, effective with the next billing. A special meeting was set for October 26 to consider the rate study committee's recommendation on the connection fee in- crease, to discuss the Authority's contingency fund for mainten ance, and to discuss the Airport water and sewer line bids. The November meeting will be held on November 16. AIRPORT AUTHORITY REPORT Mr. Owen presented the following report and stated that this was for the Board's information and no action was neces- sary: The Winchester Regional Airport Authority (WRAA) met on Thursday, October 8, 1987, at 7:00 P.M., in the Old Courthouse with the following present: Chairman Paul G. Anderson, Jr.; Ronald J. Brown; B. Ben Dutton, Jr.; Philip E. Groves; G. Robe Lee (sitting in for Raleigh H. Watson, Jr.); new member Arthur T. McClinton; Executive Director Kenneth Wiegand and myself. The following items were discussed: New Minimum Standards Charles H. Harbaugh, Jr., a Clarke County resident who operates an air charter business out of Winchester and Martins- burg Airports, complained about the proposed new fueling 369 standards, the recent plans to attract a commuter airline, the lack of pilots on the Authority and Ken Wiegand's enforcement methods. Bill Sager The Committee noted that former Airport Manager Bill Sager was killed in a plane crash on October 7. New Terminal Building Ken Wiegand reported that space should be set aside in the new terminal building for the following rooms: FBO operations, lobby, pilot's lounge, flight planning, conference room, kitchen- ette, custodial storage, dayroom with showers, administrative area and Airport Authority area. By -Laws A draft copy of by -laws (copy attached) for the new Authori- ty was diseminated and will be discussed at the next meeting. Doc Severnson December Proposal A proposal by High Note Productions to try again in December to bring Doc Severnson to the Airport was rejected by the Committee. Land Acquisition The Authority discussed land acquisition for the clear zone off of runway 32 in Executive Session. Executive Director's Report Executive Director Ken Wiegand reported on the following: Fuel sales were up in August. The Doc Severnson show for the 50th Anniversary Celebration is off. Auto fuel facilities can be purchased for about $5,500. An obstruction light is being installed on the Group 44 hangar. The FAA should certify the Airport's localizer within several days. QUARTERLY REPORTS Departmental Quarterly Reports were presented to the Board. The Board will take these under advisement. MR. ROBERT RHODES REPORTED ON TRIP TO RICHMOND TO SEE E911 OPERATION 370 Mr. Rhodes explained to the Board about his trip to Rich- mond (Henrico County) to see their E911 operation. He stated that this was a much larger operation than Frederick County would need but that it was very informative and he felt that everyone in attendance had learned a great deal. ROGER LAMBORNE APPOINTED TO THE SHAWNEELAND SANITARY DISTRICT Mr. Rhodes stated that he would like to appoint Mr. Roger Lamborne to the Shawneeland Sanitary District Advisory Committe to replace Mr. Pohl who had resigned. The Board concurred with this appointment. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. i Chairman, Boayd�of Supervisors Clerk, Board of Supe isors