January 20, 1982 Special Meeting46f
A Special Meeting of the Frederick County Board of Supervisors was held
on January 20, 1982, at 7:00 P.M., in the Board of Supervisors' Meeting
Room, 9 Court Square, Winchester, Virginia.
PRESENT S. Roger Koontz, Chairman; Will L. Owings, Vice - Chairman;
William H. Baker; Rhoda W. Maddox; David L. Smith and Kenneth Y. Stiles.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
Due to the absence of a minister there was a moment of silence.
ADOPTION OF AGENDA
Mr. Stiles stated that he would like to request an Executive Session at
the end of the meeting to discuss personnel and legal matters. Mr. Stiles
further stated that he had two questions with reference to the minutes of
December 9, 1981.
Mr. Koontz stated that he had an additional resolution for the Boards'
approval.
Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and
passed unanimously, the agenda was adopted as amended.
APPROVAL OF MINUTES
Mr. Stiles inquired as to whether or not the Parks and Recreation
Commission had met with reference to the Commission reconsidering a
different type of building to be erected at Sherando Park that would be used
as a restroom and concession stand as referenced in the minutes on Page 9.
Mr. Baker stated that due to inclement weather the meeting had been
postponed until 26 January.
Mr. Stiles further asked about the recommendations of the Code and
Engineering Committee, re: the reorganization in the Department of Public
Services, Inspections and Planning and clarification of the assignment of
duties under the organization regarding zoning, code enforcement and
conditional use permit matters, and that the Engineering and Code
Enforcement Committee report in this regard to the Board sharing their
findings with the Planning Commission.
Mr. Owings stated that the Code and Engineering Committee had not met.
Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and
passed unanimously, the minutes of 9 December 1981 were approved as
submitted.
MR. TOHT ADDRESSES BOARD RE: FIFTH ANNUAL BUDGET REPORT -
SHENANDOAH AREA AGENCY ON AGING
Mr. Toht reviewed the annual report of the Area Agency on Aging, more
specifically the section that deals with Frederick County. He addressed the
increases and decreases in services provided to the County residents through
the Area Agency on Aging.
Mr. Stiles asked Mr. Toht how many full time employees the Agency had.
Mr. Toht replied nine.
Mr. Stiles asked Mr. Toht if he had been able to determine how the
Federal cuts would effect his budget.
Mr. Toht replied that his budget was expected to stay the same.
Mrs. Maddox asked about the role of the Area Agency on Aging in the
schools.
Mr. Toht stated that at the present time some tutoring was being
offered but that more volunteers were needed.
RESOLUTION OF APPRECIATION FOR REGINALD KING OF THE
VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION -
e nnn nvrn
Mr. White read the following resolution of appreciation for Mr. King:
RESOLUTION OF APPRECIATION TO REGINALD KING
WHEREAS, Reginald King served as an employee of the Virginia Department
of Highways from July 1, 1946 to December 31, 1981 serving as Assistant
Resident Engineer for Frederick County since 1961, and
WHEREAS, He possessed the highest devotion to duty as an employee of
the Highway Department, and ably served the needs of Frederick County, and
was relied upon by the Board of Supervisors, and
WHEREAS, The Board of Supervisors wishes to express its appreciation to
Mr. King for his years of conscientious service to the citizens of Frederick
County.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of
Frederick County does hereby express its sincere appreciation to Reginald
King;
BE IT FURTHER RESOLVED that a true copy of this resolution be presen
to Mr. King.
RESOLVED the 13th day of January, 1982.
/s/ S. Roger Koontz
S. Roger Koontz, Chairman
/s/ Will L. Owings
Will L. Owings, Vice - Chairman
/s/ William H. Baker
William H. Baker
/s/ Rhoda W. Maddox
Rhoda W. Maddox
/s/ David L. Smith
David L. Smith
/s/ Kenneth Y. Stiles
Kenneth Y. Stiles
/s/ R . Thomas Malcolm
R. Thomas Malcolm
ATTEST:
/s/ James M. White
Clerk, Board of Supervisors
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Mr. Stiles requested that Mr. R. Thomas Malcolm's name be added to the
resolution, inasmuch as he had worked with, and had the highest regard for
Mr. King for the past six years.
Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and
passed unanimously, the above resolution, with the addition of R. Thomas
Malcolm's name, was approved as read.
The Board directed that this executed resolution be delivered to Mr.
King.
RESOLUTION HONORING ARNOLD W. "BUCK" RYAN - APPROVED
Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and
passed unanimously, the following resolution honoring Arnold "Buck" Ryan was
approved:
MEMORIAL RESOLUTION IN HONOR OF ARNOLD W. "BUCK" RYAN
WHEREAS, Arnold W. "Buck" Ryan was a nationally respected Fiddle
Player, having won the National Fiddle Championship three times; and
WHEREAS, "Buck" Ryan was also a long time resident of Frederick County
where he was respected and warmly regarded by his friends and neighbors;
and
WHEREAS, Mr. Ryan departed this life 7 January 1982, and the Board
wishes to honor his passing;
NOW THEREFORE BE IT RESOLVED, That the Frederick County Board of
Supervisors hereby enact this Resolution in honor of the memory of "Buck"
Ryan and the qualities which he represented in the community; and
BE IT FURTHER RESOLVED, That a true copy of this resolution be
presented to the family of Mr. Ryan.
/s/ S. Roger Koontz
S. Roger Koontz, Chairman
/s/ Will L. Owings
Will L. Owings, Vice - Chairman
/s/ William H. Baker
William H. Baker
Attest:
/s/ James M. White
Clerk, Board of Supervisors
/s/ Rhoda W. Maddox
Rhoda W. Maddox
/s/ David L. Smith
David L. Smith
/s/ Kenneth Y. Stiles
Kenneth Y. Stiles
CUP #017 -81 - PRESTON R. WHITACRE - BACK CREEK MAGISTERIAL
DISTRICT - DENIED
Mr. Horne presented the request of Mr. Whitacre for a conditional use
permit for a public garage and stated that the Planning Commission unani-
mously recommended approval with conditions.
Mr. Whitacre was not present.
Mr. Erin Mitchell, who lives on Route 803, appeared before the Board
stating that he was opposed to this conditional use permit inasmuch as this
area is primarily a residential area, and further that he felt a public
465
garage would halt- an effect their property value in that it would be
depreciated. He further stated that.he felt the.parking restrictions as
recommended the Planning Commission were vague and needed to be more
specific.
Mr. Melvin Omps appeared before the Board and stated that he owned
property adjoining Mr. Whitacre's property and even though he was not living
in the house at the present time, that he had purchased this property as an
investment, as he did plan on retiring there and he did not want to retire
in a business district.
Mrs. Lucille Patton appeared before the Board in opposition to this
conditional use permit stating that she is also an adjoining property owner
and she is afraid Mr. Whitacre will start a junk yard, and even though she
had been told a fence would be erected around this property she did not want
that either.
Mr. Larry Patton, son of Mrs. Lucille Patton, appeared before the Board
in opposition to this conditional use permit stating he was afraid the same
thing would happen with this garage that happened to Burcham's Garage in the
City of Winchester.
r
Mr. Stiles stated that noone appeared at the Planning Commission meet-
`..
ing in opposition to this conditional use permit. He further stated that if
this conditional use permit is approved and the neighbors feel that Mr.
Whitacre is starting a junk yard all it would take is one phone call to the
Planning Office, and if it was determined by the staff that in fact he was
starting a junk yard, the conditional use permit would be revoked at that
time. He further stated that outdoor storage and the use of two lots
instead of one was not brought up at the Planning Commission meeting, that
this permit gives Mr. Whitacre the right to work in the existing building
and that is all.
Mr. Baker stated that from what the people that are here tonight have
said they are afraid this will become a junk yard and the fact that this is
a residential area he could see why they are concerned about having a garage
of this nature in an area where there are children residing.
Mr. Stiles asked since Mr. Whitacre is not here tonight should this be
tabled until the next Board meeting.
Mr. Baker stated that he did not feel that this should be tabled.
Mr. Owings stated that Mr. Whitacre had been notified just as the
adjoining property owners had and this should be decided upon tonight.
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Upon motion made by William H. Baker and seconded by Rhoda W. Maddox,
the conditional use permit #017 -81 of Preston R. Whitacre, Route 4, Box 110,
Winchester, Virginia, requesting a permit for a public garage is hereby
denied. This property is designated as Parcel No. (3) (4) on Tax Map No. 53 B
in the Back Creek Magisterial District.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, William H. Baker, Rhoda W. Maddox, Will L. Owings. Nay -
David L. Smith and Kenneth Y. Stiles.
Mr. Stiles stated that he felt restrictions could be added to meet the
needs of the neighbors.
CUP #018 -81 - ELMER H. LAUCK - GAINESBORO MAGISTERIAL
DISTRICT - APPROVED
Mr. Horne presented this conditional use permit request and stated that
the Planning Commission unanimously recommended approval with conditions.
Mr. Stiles stated that he had received a call from a concerned neighbor
with reference to the right -of -way.
Mr. Horne addressed this.
Mr. Stiles stated that he had received a call with reference to working
hours on Sunday as there is a church located nearby.
Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker,
that the condition be added to the conditional use permit #018 -81 of Elmer
Lauck stating that there be no outside Sunday work.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, Kenneth Y. Stiles, William H. Baker and
David L. Smith. Nay - Rhoda W. Maddox.
Mr. Owings stated that this concerned him inasmuch as the Board had
just denied a similar request in the same type of zoning even though the
neighbors stated that they would be agreeable to the request with conditions
and now the Board amends the conditions of this request and approves it.
Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles an�
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein approve conditional use permit #018 -81 of Elmer H.
Lauck, Route 2, Box 323, Winchester, Virginia, requesting a permit for a
public garage. This property is designated as Parcel No. 150 on Tax Map No.
30 -(A) in the Gainesboro Magisterial District.
CUP #019 -81 - CRAIG D. AND SERI K. KERN - GAINESBORO
MAGISTERIAL DISTRICT - APPROVED
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Mr. Horne presented this conditional use permit request and stated that
the Planning Commission unanimously recommended approval with conditions.
There was no opposition.
Upon motion made by Rhoda W. Maddox, seconded by Will L. Owings and
passed unanimously, the conditional use permit #019 -81 of Craig D. and Seri
Kern, P. O. Box 3196, Winchester, Virginia, requesting a permit for a
kennel /pet grooming shop is hereby approved. This property is designated as
Parcel No. 231 on Tax Map No. 42 -(A) in the Gainesboro Magisterial
District.
ZMAP #009 -81 - SHOCKEY REALTY COMPANY - HARRY W. AIKENS -
WALTER AIKENS - FORT COLLIER FARMS INCORPORATED - STONE -
WALL MAGISTERIAL DISTRICT - APPROVED
Mr. Horne presented this rezoning request and stated that the Planning
Commission unanimously recommended approval.
Mr. Ben Butler, Attorney, addressed the Board concerning this rezoning
request.
Mr. Robert Fuller appeared before the Board stating that he lives next
to Fort Collier Farms and inquired as to how large the building would be
that they planned to erect.
Mr. Horne stated that he was not sure, but that it would have to be a
150 feet from Mr. Fuller's property line.
Mr. Stiles stated that it would be no more than 30 feet wide because of
the size of the parcels.
Mr. Fuller stated that he was not in favor of this rezoning.
Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and
passed unanimously, the zoning map amendment petition no. 009 -81 of Shockey
Realty Co., P. O. Box 2530, Winchester, Virginia; Harry W. Aikens and Walter
Aikens; Martinsburg Pike, Winchester, Virginia; and Fort Collier Farms,
Inc., c/o Eds Coleman, 20 South Cameron Street, Winchester, Virginia, con-
sisting of 2.21 acres. Fort Collier Farms, Inc., and Harry W. Aikens and
Walter Aikens now zoned R -3 (Residential - General) to be rezoned M -1
(Industrial - Limited) and Shockey Realty now zoned B -2 (Business - General) to
be rezoned M -1 (industrial-Limited) is hereby approved. These parcels
appear on Tax Map No. 54 in the Stonewall Magisterial District and parcel
numbers are as follows: Aikens - 0021, 0022A, 0023, 0024; Fort Collier -
0022; Shockey Realty - 0043.
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ZMAP #010 -81 - GARY A. AND REBECCA H. DOLPHIN - STONEWALL
MAGISTERIAL DISTRICT - APPROVED
Mr. Horne presented this rezoning request and stated that the Planning
Commission recommends approval of the amended rezoning application to rezone
only that portion of Parcel 6 that was rezoned B -2 prior to October, 1980.
The Planning Commission finds that a business use was existing on this
property prior to October, 1980, therefore the property should not have been
rezoned at that time.
Mr. Robert Mitchell, Attorney, appeared before the Board representing
Mr. and Mrs. Dolphin. Mr. Mitchell stated that the Dolphins had been con-
ducting a leather business within their home for a number of years and
because of the growing business they had decided to expand. When they
applied for their building permit they were informed they had been down
zoned in 1980 and that this was not permitted in the present zoning. Mr.
Mitchell stated that due to the fact that this was an existing business at
the time of the comprehensive rezoning of 1980 that it should not have been
down zoned and that Mr. and Mrs. Dolphin should be granted this rezoning
request.
Mr. Koontz asked if the Planning Commission did not feel this was spot
zoning.
Mr. Stiles stated that this was bounced around and that some of the
members did feel it does tend to violate the spot zoning regulations.
Mr. Owings stated that at the time of the rezoning, due to the tremend-
ous amounts of rezoning, the Board did state that they would try to correct
any errors that had been done.
Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and
passed unanimously, the zoning map amendment petition no. 010 -81 of Gary A.
and Rebecca H. Dolphin, Route 7, Box 102, Winchester, Virginia, consisting
of 2.843 acres, now zoned R -3 (Residential - General) to be rezoned B -2
(Business - General) is hereby approved. This appears on Tax Map No. 55B,
Parcel 6 in the Stonewall Magisterial District.
JOINT ECONOMIC DEVELOPMENT COMMISSION - APPROVED
Mr. Horne stated that this proposal is the result of a number of meet-
ings by the working group at which time concept of the Joint Economic
Development Commission was considered and specific proposals were prepared
as to budgets, compositions, goals and strategies. He further stated that
it is felt that through the representation of both jurisdictions on the
membership of the Commission that all responsible parties in each jurisdic-
tion will be aware of the activities of the Commission and will have the
opportunity to monitor the activities of the Commission and its staff.
Mr. Koontz asked where the governing bodies fit into this picture.
Mr. Stiles stated that the Commission would be answerable to the Board
of Supervisors and the City Council and further that this Commission would
let interested firms know exactly what was available to them in Frederick
County and the City of Winchester.
Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does hereby endorse the following resolution for the establishment
of the Joint Economic Development Commission:
CONCURRENT RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF WINCHESTER AND THE BOARD
OF SUPERVISORS OF FREDERICK COUNTY CREATING THE
WINCHESTER - FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSIO
BE IT RESOLVED by the Common Council of the City of Winchester and the
Board of Supervisors of Frederick County, in separate meetings assembled,
that:
I. Creation
There is hereby created the Winchester- Frederick County Economic
Development Commission.
2. Purpose
The Winchester- Frederick County Economic Development Commission is
established for the purpose of fostering an efficient and cooperative effort
towards establishing economic development goals, and strategies to meet
those goals, for the Winchester - Frederick County area.
3. Composition, Appointment, Term
The Winchester- Frederick County Economic Development Commission
shall consist of seven members as follows: one member of Common
Council, appointed by Council; one member of the City Planning
Commission, appointed by the Commission; a member of the Winchester
Industrial Development Authority, appointed by the Authority; one
member of the Frederick County Board of Supervisors, appointed by
the Supervisors; one member of the County Planning Commission to be
appointed by the Commission; a member of the Frederick County
Industrial Development Authority, appointed by the Authority; and a
representative of an industry in the Winchester - Frederick County
area, to be appointed by the other six members of the Commis-
sion.
For the initial appointments the representatives from the
respective governing bodies shall serve three year terms, the
representatives from the respective Planning Commissions shall
serve two year terms, all other representatives shall serve one
year terms; thereafter, all members shall serve for a term
of three years or until their successors take office.
The following will be available to provide staff support to the
Commission:
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Winchester City Manager
Frederick County Administrator
Winchester Planning Director
Frederick County Director of Planning & Community Development
Representative of Winchester- Frederick County Chamber of Commerce
Representative of Winchester Downtown Development Board
4. Vacancies
Vacancies on the Winchester- Frederick County Economic Development
Commission occurring otherwise than through the expiration of a
term shall be filled for the unexpired portion of the term.
5. Compensa
All members of the Winchester- Frederick County Economic Development
Commission shall serve without compensation.
6. Organization, Officers, Quorum
The members of the Winchester- Frederick County Economic Development
Commission shall, as soon as possible after their appointment, meet
and organize. The Commission shall elect a Chairman, Vice
Chairman, Secretary and such other officers as it may deem
necessary. A majority of the members of the Board shall constitute
a quorum.
7. Reports and Budgets
At least once each quarter the Commission shall make a full written
report to the Winchester Common Council and the Frederick County
Board of Supervisors, showing the activities of the Commission for
the previous quarter. Once each year the Commission shall submit a
report of its goals and proposed activities for the coming year.
The Commission shall also annually submit a budget to the Council
and Board.
JUDICIAL CENTER COMMITTEE REPORT
Mr. White stated that the Judicial Center Committee met on 21 December
1981 and that they had received the final schematic and design development
drawings for the Judicial Center. The Committee noted that all users of the
space had approved the drawings as prepared. Mr. White further stated that
the Committee will be proceeding with the development of the materials and
finished schedule with the architect as development of the construction
drawings proceeds. The architect is currently developing unit cost
information that the Committee will be examining in the development of the
finished schedules. He further stated that it is anticipated that
construction documents will be completed in April with bidding to proceed in
May and June and the start of construction expected in July, 1982. Mr.
White further stated that it had been recommended by the Committee that Mr.
Thomas Malcolm be requested to stay on the Judicial Center Committee,
representing Frederick County, at least until the start of construction.
471
Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein accept the Judicial Center Committee report and
recommendations as presented by Mr. White and further that Mr. Thomas
Malcolm remain on the Committee, representing Frederick County, at least
until the start of construction.
LAW ENFORCEMENT AND COURTS REPORT AND RECOMMENDATIONS
Mrs. Maddox, Chairman, presented the Law Enforcement and Courts report
and recommendations.
The Law and Courts Committee met on 7 January 82 with Mrs. Maddox and
Mr. Stiles present. Mr. Coverstone was absent. The Committee makes the
following report and recommendations:
Proposal for the Establishment of Work Release Centers
The Committee reviewed a proposal submitted by the Division of Court
Services for the establishment of work release centers. The proposal was
quite lengthy and thoroughly developed. The Committee unanimously
recommends the proposal to the Board for endorsement and to authorize the
Division of Court Service's staff to proceed with the additional steps
necessary for implementation.
Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and
passed unanimously, the proposal for the establishment of the work release
center was approved.
Classification for Civil Process Servers
The Committee reviewed a memo from the Administrative Assistant for
Personnel proposing that salary range classifications for Civil Process
Deputies be established as shown in the memo. The Committee recommends
approval of the classifications as proposed. The Committee also recommends
that the classification procedures established to implement this proposal
stipulate the Deputies which work regularly as Deputy Sheriffs would be
classified and paid as Deputy Sheriffs rather than Civil Process Deputies.
Mr. Stiles stated that after talking with Mrs. Kelican concerning this
matter and from what he understood of their conversation and the information
in this memo was not the same, therefore he would like to table this to be
reviewed again by the Committee.
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and
passed unanimously, the above recommendation was tabled for further review.
AMENDMENT TO TAX RELIEF FOR THE ELDERLY ORDINANCE, SECTIONS
472
9 -12 (C)(D), 9 -13 (A) AND 9 -14. THE AMENDMENTS GENERALLY
INCREASE ELIGIBILITY LIMITS ON INCOME FROM $9,000 TO $12,000
AND ON NET WORTH FROM $20,000 to $30,000 - APPROVED
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the following amendment to the Tax Relief for the
Elderly was approved:
Article M. Real Estate Tax Relief for
Certain Elderly Persons.
For state law as to authority of county to adopt this
article, see Code of Va., 58- 760.1.
Sec. 9 -11. Definitions.
For the purpose of this article, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Affidavit. The real estate tax exemption affidavit.
Dwelling. The full -time residence of the person or persons claiming
exemption.
Exemption. Exemption from the county real estate tax according to the
provisions of this article.
Taxable year. The calendar year, from January 1 until December 31, for
which exemption is claimed. (12- 12 -73, 1.)
Sec. 9 -12. Eligibility for exemption.
Exemption from real estate tax shall be subject to the following
provisions:
(a) The head of the household occupying the dwelling and owning title
or partial title thereto shall have reached the age of sixty -five prior to
the taxable year for which the exemption is claimed.
(b) The title or partial title to the real estate for which exemption
is claimed shall be owned on January 1 of the taxable year by the person or
persons claiming such exemption.
(c) The total combined income during the immediately preceding
calendar year from all sources of the owners of the dwelling living therein
and of the owners' relatives living in the dwelling does not exceed twelve
thousand dollars provided that the first three thousand dollars of income
of each relative, other than the spouse, of the owner, who is living in the
dwelling shall not be included in such total.
(d) The net combined financial worth including equitable interest, as
of the thirty -first day of December of the immediately preceding calendar
year, of the owners, and of the spouse of any owner, excluding the value of
the dwelling, and the land, not exceeding one acre, does not exceed thirty
thousand dollars
(e) The fact that persons who are otherwise qualified for tax
exemption pursuant to this article are residing in hospitals, nursing homes,
convalescent homes or other facilities for physical or mental care for
extended periods of time shall not be construed to mean that the real estate
for which tax exemption is sought does not continue to be the sole dwelling
of such persons during such extended periods of other residence so long as
much real estate is not used by or leased to others for consideration.
(12- 12 -73, 2.)
Sec. 9 -13. Claiming of an exemption.
(a) Application for exemption shall be made annually between February
1 and May 1 of each taxable year for which the exemption is claimed. The
person or persons claiming such an exemption must make application on the
473
forms supplied by the county. The application must be filed with the
Commissioner of the Revenue.
(b) The affidavit shall set forth, in a manner prescribed by the
Commissioner of Revenue, the names of the related person(s) occupying the
dwelling for which exemption is claimed, their gross combined income, and
the total combined net worth of the owners and spouses.
(c) If after audit and investigation, the Commissioner of Revenue
determines that the person or persons are qualified for exemption, he shall
so certify to the Treasurer of the County who shall deduct the amount of the
exemption from the claimant's real estate tax liability.
(d) If any person applies for exemption but is determined to be
ineligible by the Commissioner of the Revenue, such a person will be
notified in writing by the Commissioner of Revenue. (12- 12 -73, 3.)
Sec. 9 -14. Amount of exemption.
For eligible claimants, the amount of exemption from real estate tax
for any taxable year shall be as follows:
T(
In
COMBINED NET WORTH
Up to 5,001 10,001 15,001 1 20,001 25,001
Combined 5,000 10,000 15,000 20,000 25,000 30,00(
to
$ 000 I 100 98 94 I 88 I -- 80 70
001 -6,000 1 95 1 93 1 - _ 89 1 83 1 75 1 65
0 1 85 1 83 1 79 1 73 1 65 1 55
$ P,001-10 1 70 68 64 58 50 40
1 4 ,001-12,000 1 50 4 8 38 30 20
Sec. 9 -15. Change in status.
Any change in respect to total combined income, net combined financial
worth, ownership of the dwelling exempted, or other factors, which occur
during the taxable year for which the affidavit is filed, and which has the
effect of exceeding or violating the limitations and conditions of this
article, shall nullify any exemption for the then current taxable year, and
the taxable year immediately following. (12- 12 -73, 5.)
Sec. 9 -16. Claimant Death.
If an eligible claimant should die during the year, the exempted taxes
will be prorated to the day of death and the remaining year's taxes will be
paid by the new owner providing the new owner is not also exempt by the
provisions found in this article. (12- 12 -73, 6.)
Sec. 9 -17. Administration of article.
The exemption from real estate tax for elderly persons shall be
administered by the Commissioner of Revenue according to the provisions of
this article. The Commissioner of Revenue is hereby authorized to
prescribe, adopt and enforce such rules and regulations in conformance with
the provisions of this article, including the right to require answers under
oath, as maybe reasonably necessary to determine eligibility for exemption.
The Commissioner of Revenue may also require the production of certified tax
returns to establish total combined income or net combined financial worth.
(12- 12 -73, 7.)
ORGANIZATION OF THE BOARD OF SUPERVISORS
Election of Vice- Chairman
Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and
passed unanimously, Mr. Will L. Owings was elected Vice- Chairman of the Boa-
rd of Supervisors for 1982.
Adoption of Rules of Order
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox andl
passed unanimously, the Board adopted Robert's Rules of Order as the rules
and procedures to be followed by the Board of Supervisors.
Appointment of Parliamentarian
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and'
passed unanimously, Mr. James M. White, County Administrator, was appointed
Parliamentarian for the Board of Supervisors.
Establishment of Time and Place of Meeting
Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and
passed unanimously, the second and fourth Wednesdays of each month were
established as the meeting dates for the Board of Supervisors, said meetings
to be held in the Board Meeting Room at 7:00 P.M.
Committee Appointments - Stonewall District
Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the following committee appointments from
Stonewall District for 1982:
Animal Care Committee - Esther Boyd
Stream Standards Committee - Charles E. Boyd
Transportation Safety Commission - J. Patrick Russell
Extension Advisory Committee - George Cather
Committee Appointments - Shawnee District
Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the following committee appointments from
Shawnee District for 1982:
Animal Care Committee - Gary VanMeter
Stream Standards Committee - Ynez Hetland
Transportation Safety Commission - Jim Racey
Extension Advisory Committee - Gwen Lunsford
Committee Appointments - Opequon District
Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the following committee appointments from
Opequon District for 1982:
Animal Care Committee - Sandra Brown
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Stream Standards Committee - Douglas Legge
Transportation Safety Commission - Neil Stallings
Extension Advisory Committee - Harold Nichols
Committee Appointments - Back Creek District
Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the following committee appointments from Back
Creek District for 1982:
Animal Care Committee - Dr. Max Mandel
Stream Standards Committee - Charles R. Boyd
Transportation Safety Commission - David Owings
Extension Advisory Committee - Ike Phillips
Committee Appointments - Gainesboro District
Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, deos herein approve the following committee appointments from
Gainesboro District for 1982:
Animal Care Committee - Rosemary Wanner
Stream Standards Committee - Lee Lizer
Transportation Safety Commission - Robert Cather
Extension Advisory Committee - Appointment will be made at next
meeting.
Committee Assignments
The Chairman presented the following Committee assignments:
Will L. Owings: Engineering and Codes, Finance Committee, Transporta-
tion Safety Commission, School Board (non- voting liaison), Clerk,
Regional Jail
William H. Baker: Finance Committee, Personnel Committee, Agricultural
District Advisory Board, Parks and Recreation Commission (non- voting
liaison), Treasurer, Planning District Commission
Rhoda W. Maddox: Engineering and Codes, Law Enforcement and Courts
Committee, Joint Judicial Center Committee, Stream Standards Committee,
Extension Advisory Board (non - voting liaison) Sheriff, Division of
Court Services.
David L. Smith: Personnel Committee, Animal Care Committee, Industrial
Development Authority (non- voting liaison), Commonwealth's Attorney,
Braddock House, Welfare Committee
Kenneth Y. Stiles: Law Enforcement and Courts Committee, Joint
Judicial Center Committee, ASC (non - voting liaison), Planning
Commission, Commissioner of the Revenue, Regional Library
S. Roger Koontz: Sanitation Authority (non- voting liaison), Planning
District Commission
BOARD APPOINTMENT OF CITIZEN COMMITTEE MEMBERS
Hugh Dailey Appointed to Finance Committee
Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and
passed unanimously, Hugh Dailey was appointed to the Finance Committee, said
term to commence on January 20, 1982 and terminate on December 31, 1982.
4 7 .
Robert Prettyman Appointed to Engineering and Code
Enforcement ommiT ee
Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and
passed unanimously, Robert Prettyman was appointed to Engineering and Code
Enforcement Committee, said term to commence on January 20, 1982 and
terminate on December 31, 1982.
_Larry Coverstone Appointed to Law Enforcement and
Courts Committee
Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and
passed unanimously, Larry Coverstone was appointed to Law Enforcement and
Courts Committee, said term to commence January 20, 1982 and terminate on
December 31, 1982.
Mr. Stiles inquired about the structure of the Welfare Board.
After discussion by the Board it was decided this would be discussed in
executive session with Mr. Ambrogi at which time they would have access to
the State Code.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and
passed unanimously, the Board retired into Executive Session in accordance
with Section 2.1 -344 (a)(6), to discuss personnel and legal matters.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and
passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the Board reconvened into Regular Session.
ROBERT ZIEGER COURT CASE DISMISSED
Mr. Ambrogi stated that he had been notified by the Circuit Court of
Frederick County that the action by Leon B. Zeiger against the County had
been dismissed.
DECISION RENDERED IN FAVOR OF FREDERICK COUNTY RE: DOUG
TOAN CASE
Mr. Ambrogi stated that Judge Woltz had found in favor of the County in
the suit brought about by Doug Toan stating that he was denying Mr. Toan's
request. The County ordinance that deals with Building Permit fees was
upheld.
COUNTY WELFARE BOARD RESTRUCTURED
477
Upon motion made by Will L. Owings, seconded by William H. Baker and
passed unanimously, the Frederick County Board of Supervisors does herein
approve the restructuring of the Frederick County Welfare Board to be made
up of 5 citizen members and 1 member of the Board of Supervisors to serve as
a non - voting member.
KENNETH Y. STILES TO SERVE AS VOTING MEMBER ON THE PLANNING
COMMISSION - APPROVED
Upon motion made by William H. Baker and seconded by Will L. Owings,
BE IT RESOLVED, that the Board of Supervisors of the County of
Frederick, Virginia, does herein appoint Kenneth Y. Stiles to the Frederick
County Planning Commission as a voting member.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and David
L. Smith. Abstaining - Kenneth Y. Stiles.
SECOND REGULAR MEETING OF THE BOARD OF SUPERVISORS -
JANUARY 27, 1982 - CANCELLED
Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein cancel the second Board Meeting of January. (27, 1982)
UPON MOTION DULY MADE SECONDED AND PASSED UNANIMOUSLY, IT IS
ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
Chairma oard of s Alerk, Board of Supervisors