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HomeMy WebLinkAboutJanuary 14 2009 Regular Meeting174 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 14, 2009, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Reverend Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE, OF ALLEGIANCE Supervisor Fisher led the Pledge of Allegiance. ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2009 Election Of Vice - Chairman — Bill M. Ewing Elected Supervisor Dove nominated Supervisor Ewing for the office of Vice - Chairman. The nomination was seconded by Supervisor DeHaven. Supervisor Lofton moved that the nominations be closed. The motion was seconded by Supervisor DeHaven. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye The Board elected Supervisor Bill Ewing to the office of Vice - Chairman by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Adoption Of Rules Of Procedure — Approved Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 175 Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board adopted the Rules of Procedure Frederick County Board of Supervisors and Robert's Rules of Order Simplified and Applied. Chairman Shickle noted a change in Section 2 -1, the reference to Section 1 -3 needed to be changed to Section 1 -1. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Selection Of A Parliamentarian - John R. Riley, Jr Elected Supervisor Dove nominated County Administrator John R. Riley, Jr. to serve as Parliamentarian. The motion was seconded by Vice - Chairman Ewing. Vice - Chairman Ewing moved that the nominations be closed. The motion was seconded by Supervisor Lofton. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye County Administrator John R. Riley, Jr. was elected parliamentarian by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene F. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Selection Of A Time And Place For Regular Meetings - Approved Supervisor DeHaven moved that the second and fourth Wednesdays of each month, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 176 Board of Supervisors for 2009. Should the meeting be cancelled due to inclement weather, then it will take place on the following evening. The motion was seconded by Supervisor Dove. The above motion was passed by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Ch airman's Board /Committee Assignmen - Approved Chairman Shickle offered the following 2009 committee assignments for the Board's consideration: Richard C. Shickle Finance Committee; Consolidation Steering Committee; Joint Finance Committee; MPO; Northern Shenandoah Valley Regional Commission; Northwestern Regional Adult Detention Center Board alternate Gene E. Fisher Public Works Committee Chairman; Public Safety Committee; Frederick County Sanitation Authority liaison; Airport Authority; Conservation Easement Authority; Fred - Wine Service Authority; Water Resources Advisory Committee Charles S. DeHaven, Jr. Transportation Committee Chairman; Finance Committee; MPO; Juvenile Detention Center; Northern Shenandoah Valley Regional Commission; Northwestern Regional Adult Detention Center Board. Bill M. Ewing Finance Committee Chairman; Human Resources Committee; Consolidation Steering Committee ; Joint Finance Committee; Handley Regional Library Board liaison; Northwestern Regional Adult Detention Center Board Gary W. Dove Public Safety Committee Chairman; Public Works Committee; Economic Development Commission; Air Quality Task Force; Industrial Development Authority; SHENAIR; Landfill Oversight Philip A. Lemieux Code & Ordinance Committee Chairman; Public Works Committee; Transportation Committee; Parks and Recreation Commission liaison; Tourism Board liaison Gary A. Lofton Human Resources Committee Chairman; Code & Ordinance - - Committee; Social Services Board; Planning Commission liaison; Agricultural District Advisory; Extension Leadership Code and Ordinance Committee Philip A. Lemieux, Chairman Gary A. Lofton Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 177 Stephen G. Butler Michael L. Bryan Finance Committee Bill M. Ewing, Chairman Richard C. Shickle Charles S. DeHaven, Jr. Ri'hie Wilkins Stephen Swiger Ronald E. Hottle C. William Omdoff, Treasurer, Non - Voting Liaison Ellen E. Murphy, Commissioner of the Revenue, Non - Voting Liaison Human Resources Committee Gary A. Lofton, Chairman Bill M. Ewing Philip C. G. Farley Public Safety Committee Gary W. Dove, Chairman Gene E. Fisher Mike Cline Michael D. Heckman Public Works Committee Gene E. Fisher, Chairman Gary W. Dove Philip A. Lemieux George H. Ludwig James T. Wilson Whitney "Whit' L. Wagner Robert W. Wells Transportation Committee Charles S. DeHaven, Jr. Philip A. Lemieux James M. Racey, Il David J. Burleson Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the committee assignments for 2009. 1'he above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye ADOPTION OF AGENDA Administrator Riley offered the following addition to the agenda: Minute Book Number 34 Board of Supervisors Regular Meeting of 01 /14/09 178 - Request for Extension, CUP #09 -08 Shenandoah Mobile Company — Site 046 — Redbud — Item #4 under County Officials. Supervisor Lemieux advised that the Board had received a letter from the applicant asking that Rezoning 414 -08 of Sovereign Village — Tab M - be postponed due to issues being resolved in court . Supervisor Lemieux stated he would like to have this item pulled from the agenda. Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA Administrator Riley advised that the Public Works Committee — Tab F would be pulled from the consent agenda. He then offered the following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report — Tab E; - Transportation Committee Report —Tab H; - Waiver Request — James and Linda Michael — Tab O; and - Request for Extension, CUP #09 -08 Shenandoah Mobile Company — Site 046 — Redbud —Item #4 under County Officials. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. Minute Book Number 34 Board of Supervisors Regular Meeting of 01 /14/09 179 MIES Chairman Shickle noted the Board had received a corrected copy of the December 10, 2009 minutes after the agenda had been sent out. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the corrected minutes from the December 10, 2008 meeting were approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the minutes from the December 17, 2008 budget work session by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS PRESENTATION OF EMPLOYEE OF THE MONTH AWARD FOR DECEMBER, 2008 - (RESOLUTION #037 -09) APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the resolution to recognizing Pamala S. Deeter, as the Frederick County Employee of the Month for December 2008. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Pamala S. Deeter, who serves as Office Assistant with the Planning & Development Department was nominated for Employee of the Month; and, WHEREAS, Pam is deserving of this special recognition for her efforts in coordinating the Planning Department's Christmas collection for Social Services as well as going above and beyond her daily responsibilities to help co- workers as well as the citizens of Frederick County with day to day operations. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 :1 NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 14" day of January, 2009, that Pamala S. Deeter. is hereby recognized as the Frederick County Employee of the Month for December 2008; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Pamala S. Deeter for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Pamala S. Deeter. is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye MICHAEL FOREMAN CHAIRMAN OF THE UNIFICATION STEERING COMMITTEE TO ADDRESS THE BOARD TO PRESENT REPORT Michael Foreman, Chairman of the Unification Steering Committee, appeared before the Board regarding this item. He stated in April 2008 he addressed a joint session of the Frederick County Board of Supervisors and Winchester City Council advising them of the Unification Steering Committee's unanimous recommendation for unification of the two bodies. At that time a majority of the two governing bodies believed more meetings /talks should take place. To date that has not occurred. He went on to say this issue is on the City Council's agenda for their retreat. He urged the Board to make an effort to move this item forward or make a public decision not to move this process forward. He asked that this request be placed on a future agenda. Chairman Shickle directed staff to place this item on the agenda for the first meeting in February for a decision. COMMITTEE APPOINTMENTS LORD FAIRFAX COMMUNTY COLLEGE BOARD — CHAIRMAN AUTHORIZED TO FILL THE SEAT Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board authorized the Chairman to find a candidate and fill this vacancy. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 181 Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE REPORTS The Parks and Recreation Commission met on December 9, 2008. Members present were: Charles Sandy, Jr., Robert Hartman, Ronald Madagan, P.W. Hillyard, I1I, Cheryl Swartz, and Philip Lemieux. Items Requiring_ Board of Supervisors Action None Submitted for Board Information Onl : 1. Cosponsored Group Requests — Mr. Hartman moved that the Commission accept applications for co sponsorship from Frederick County American Little League Association, Frederick County National Little League Association, Blue Ridge Youth Soccer Association, American Legion, Mavericks, Winchester Athletic Association, second by Ms. Swartz, carried unanimously (5 -0). 2. FY 2009 -2010 Budget Request — Mr. Hillyard moved to accept the Department's operating budget request for 2009 -10, second by Mr. Madagan, carried unanimously (5 -0). I Request for Memorial Garden — The Buildings and Grounds Committee recommends the approval of a request from the Northern Shenandoah Valley Virginia Tech Alumni Association to install a memorial garden at Sherando Park, second by Mr. Swartz, carried unanimously (5 -0). Standing Committee Reports I. Buildings and Grounds —No Action 2. Appeals Committee — No Action PUBLIC WORKS COMMITTEE REPORT —APPROVED WITH CHANGES The Public Works Committee met on Tuesday, December 9, 2008, at 8:00 a.m. All members were present except Bob Wells. ** *Items Not Requiring Action * ** I. Take Home Vehicles County Administrator John Riley, presented a proposed plan to revise the current policy of take home vehicles. The plan will include staging county vehicles at various locations throughout Frederick County as opposed to locating the vehicles at the county office complex. Some exceptions will be made if public safety issues are involved. __ I I 2. Proposed Reductions in Current Fiscal Year 2008 /2009 Budget The Director of Public Works presented a summary of proposed cuts to the current budget. Subsequent discussion of these cuts emphasized that a portion of the reduction of the refuse collection budget (4203) was predicated on the permanent closure of the Greenwood compactor site in April 2009. A majority of the committee members believed that the landfill citizens' convenience site hours should be expanded to accommodate Sunday disposal prior to closing the Greenwood site. This option will be studied and pursued provided it does not require opening and operating the landfill on Sunday. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 182 In addition to the Gree n small portion as reflected n the reductions. The majority Moth pray program rather just a ram. (Attachment 1) of the committee favored eliminating the spray program. 3. Proposed Fiscal Year 2009/2010 Budget The Director of Public W orks abulation datded the December a f2008ysum20 ar� 0 zes the b dividual information only. The attached budgets. The cumulative total of the general fund budgets reflects a total reduction o approximately $1,300,000 as compared to the current amended Fiscal Year 2008/2009 budgets. Again, it was emphasized that the refuse collection budget (4203) was prepared assuming that the Greenwood compactor site would be closed in the current fiscal year resulting in a total savings of approximately $100,000. Rather than changing the proposed budget at this time, Mr. Riley recommended that it be presented to the Board of Supervisors for review and discussion during the next scheduled budget work session. He also suggested that the elimination of the Gypsy Moth spray program be discussed at that time. (Attachment 2) 4. New Light Fixtures Assistant County Administrator Kris Tierney presented a plan to replace the fluorescent light fixtures in the four -story portion of the county administration building with more energy efficient fixtures. This recommendation stemmed from a recent energy audit performed by a summer intern. The committee suggested that the county solicit bids for the fixture replacements and present the results for their review and action prior to awarding a contract. (Attachment 3) 5. Miscellaneous Reports: a) Tonnage Report: Landfill (Attachment 4) b) Recycling Report (Attachment 5) c) Animal Shelter Dog Report (Attachment 6) d) Animal Shelter Cat Report (Attachment 7) FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, December 17, 2008 at 8:00 a.m. Items 2, 3, and 7 were approved on consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dehaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 1. The Sheriff requests a General Fund supplemental appropriation in th a mount of $723,669 This amount represents the 2008 Methamphetamine Grant Award ($187,060) and the 2008 Congressional Earmark Award ($536,609). See attached information, p. 1 -9. The committee recommends approval. — Approved Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 O N Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $688.50 This amount represents reimbursement for DARE t- shirts. No additional local funds required. See attached memo, p.10. — Approved Under Consent Agenda 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $25. This amount represents a donation to the department. No additional local funds required. See attached memo, p. 11. — Approved Under Consent Agenda 4. The Old Dominion Probation Coordinator requests a Court Services fund supplemental appropriation in the amount of $15,075 Funds are requested to offset the FY 2009 State cuts ($11.086) and repair and maintenance of buildings ($3,989). See attached memo, p. 12. The committee recommends approval, but cautions against using fund balance in the future to make up for State cuts. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 5. The Assistant County Administrator provides a proposed change to the County Proffer Policy. See attached memo, p. 13 -14. The committee recommends delay of this item awaiting information on how the development impact model calculates proposed proffers. 6. The Assistant Parks Director requests a General Fund supplemental appropriation in the amount of $12,000 This amount is for the installation of two aerators in Sherando Park lake and is requested from the Proffer Fund. This item was postponed in November for investigation of alternate funding methods and a review of the Proffer Policy. See attached memo, p. 15. The item was tabled awaiting further clarification of the Proffer Policy. 7. The Finance Director requests a General Fund supplemental appropriation in the amount of $7.563 This amount represents a portion of the 2008 State Criminal Alien Assistance Program funds received. No additional local funds required. See attached memo, p. 16 -17. — Approved Under Consent Agenda 8. The Finance Director requests a reverse expenditure appropriation in the amount of $4,000,000 This reduction is needed to cover the unbudgeted revenue shortfall. The committee recommends advertising this item for a public hearing. — Authorized Advertisement Of $3,367 Upon a motion by Supervisor Fisher, seconded by Supervisor Lemieux, the Board authorized advertising a reverse expenditure appropriation in the amount of $3,367,000. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 184 The above motion was approved by the following recorded vote: Richard C. Shickle Charles S. DeHaven, Jr. Gary W, Dove Bill M. Ewing Gene E. Fisher Philip A. Lemieux Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye Information Only 1. The School Finance Director provides a report on the school debt service fund. See attached, p. 18 -20. 2. The Finance Director provides a fund balance report, p. 21. There was a joint budget worksession with the Board of Supervisors immediately following the Finance Committee meeting. TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on November 24, 2008 at 8:30 a.m. Members Present Members Absent Chuck DeHaven (voting) Lewis Boyer (liaison Stephens City) Dave Burleson (voting) Mark Davis (liaison Middletown) Phil Lemieux (voting) James Racey (voting) Gary Oates (liaison PC) George Kriz (liaison PC) ** *Items Requiring Action * ** NONE ** *Items Not Requiring Action * ** 1. 2009 Meeting Schedule The Committee adopted the following schedule for 2009. January 26, 2009 February 23, 2009 March 23, 2009 April 27, 2009 May 18, 2009 June 22, 2009 July 27, 2009 August 24, 2009 September 28, 2009 October 26, 2009 November 23, 2009 December 28, 2009 2. 6 Year Program Update Staff updated the Committee on the following proposed cuts to the 6 Year Program. The current FY 09 revisions amount to 17.6% of the original FY 09 Six Year Improvement Program. Staff would note that these cuts only apply to the draft Six Year Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 185 Improvement Program and do not reflect potential cuts in Frederick County's secondary road plan. FREDERICK COUNTY Project Description Total Cut (Proposed) I -81— Interchange Modification at Exit 310 $ 21,600,000 I -81— Safety Improvements at Exit 317 $ 4,063,465 Route 277 — Widen to 5 Lanes from Route 641 to Route 636 $ 7,014,476 Staff also noted that they will be attending the six year program public hearing to be held in Culpeper January 6 by the Commonwealth Transportation Board. They will be presenting previously endorsed priorities of the Board. 3. MPO Transit Study Staff updated the Committee on the preliminary findings and recommendations of the Transit Study being conducted by the MPO. The Committee had a number of items of feedback which will be carried over to their next meeting. At their next meeting the Committee plans to continue discussion of this item and make recommendations to the Board of Supervisors. 4. Other Staff updated the Committee on the progress of County TIA standards and noted that there will be a discussion period on the issue at the Planning Commission Retreat in January. Staff updated the Committee on the status of the C1P update. Staff updated the Committee on State access management activities and their impact on local efforts. PUBLIC HEARINGS PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION; ARTICLE III, SENIOR CITIZENS AND DISABLED PERSONS EXEMPTION; TO AMEND THIS SECTION TO CORRESPOND MORE CLOSELY WITH THE CODE OF VIRGINIA, ARTICLE 2, CHAPTER 32 OF TITLE 58.1 - APPROVED County Attorney Roderick Williams reviewed the proposed ordinance amendment. He advised the proposed change would allow the County to prorate tax exemption for senior citizens and disabled persons on a percentage of ownership. In addition, this proposal would bring this section of the County Code into compliance with the State Code. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded by Supervisor Fisher, the Board approved the following amendment to the Frederick County Code. The Board of Supervisors of Frederick County, Virginia hereby ordains that Article III (Senior Citizens and Disabled Persons Exemption) of Chapter 155 (Taxation) of the Code of Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 :• Frederick County, Virginia be, and the Exemebon and Deferral) of Chapter 155 (Taxation), nded Article IIl (Senior Citizens and Disabled Persons p read, in its entirety in place of the current le effect immediately r (deletions are o shown in er g o f County, Virginia, as follows and to hrough and additions are shown in boldbold u nderline): s and Disabled Persons Exemption and CHAPTER 155 ARTICLE III Senior Citizen Deferral EXEMPTION — The percentage exemption from the property tax imposed by the County allowable under the provisions of this article. PERMANENTLY AND TOTALLY DISABLED — As applied to a person claiming an exemption under this article, a person furnishing the so w certification or medical affidavits required by § 155 -19 of this article and who is found by the Commissioner of the Revenue to be unable to engage in any substantial gainful 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. TAXABLE YEAR — The calendar year, from January 1 through December 31, for which such property tax exemption is claimed. § 155 -16. Definitions and word usage. For the purposes of this article, the following words and phrases shall have the ear from respectively ascribed to them by this section, unless another meaning shall clearly app the context: AFFIDAVIT — The real estate tax exemption affidavit. DWELLING — The sole residence of the person claiming exemption; provided, however, that 1 this the fact that a person who hom l convales ent home or o other facility for phy ical or article is residing in a hospit al nursing real estte for mental care for n an is claimedceases to me be the sole dwelling of such person during such peiod of which exemptio other residence, so long as the real estate in question is not used by or leased to others for consideration. § 155 -17. Purpose. It is hereby declared to be the purpose of this article to provide real estate tax exemptions of deferrals for qualified property owners who are not less than 65 years of age or permanently anc totally disabled and who are otherwise eligible according to the terms of this article. Pursuant tc the authority of § 58.1 -3 et seq. of the Code of Virginia, the County finds and declares tha persons qualifying for exemption hereunder are bearing an extraordinary real estate tax burden it relation to their income and financial worth. § 155 -18. Qualifications for exemption. Exemptions pursuant to this article shall be granted to persons and for property complying wit the following provisions: A. The title to the property for which exemption is claimed is held or partially held by tl person or persons claiming such exemption, as of January 1 of the taxable year for whil such exemption is claimed. B. The dwelling for which the exemption is claimed is occupied as the sole dwelling of su claimant or claimants. he ew-ne E If the dwelling for which the exemption is t , claimed ` is a / mobile home, r ` .e- AX tp e It Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 WE (2) -- - . »•.�.. ..,.,.,, 13 u ortame in one or more sectio is eight body feet or more in width and fo re in leng bod feet or moth in the traveling r„a.ia �,n _ _ _ __ _ _ contained in the structure. D. The erson claiming such exemption is 65 years of age or older or permanently and totally disabled as of December 31 of the year immediately preceding the taxable year for which the exemption is claimed. E. Gross combined income. (1) The gross combined income from all sources of such claimant owner or owners of such dwelling living therein, *n4-of their relatives living in such dwelling and of each nonrelative who is not the bona fide tenant or bona fide aid caregiver of an owner living in the dwelling for the immediately preceding calendar year does not exceed the sum of $50,000 ' 2 rega_ rdl�of whether an income tax return was filed or was required to be filed, provided that the first $7,500 of any income received by any claimant owner as permanent disability compensation shall not be included in such total, and provided that the first $8,500 of income of each relative, other than spouse of such claimant owner or owners, who is living in such dwelling and of each nonrelative who is living in such dwelling and who is not the bona fide tenant or bona fide raid caregiver of an owner Irvmg in the dwelling shall not be included in such total. (2) Such gross combined income of the claimant owner or owners shall not include up-to $50 of life insurance proceeds --f-such owners and payable to the-4wusv� nor shall it include proceeds from inel -eased borrowing or other debt or life insur-anee PlFoeeeds of the elfliffial all and any ineeme of the eini o or- owners of sueh dwelling-and- F. The net combined financial worth of such claimant owner or owners, and of their relatives living in such dwelling and of each nonrelative who is not the bona fide tenant or bona fide Paid caregiver of an owner living in the dwelling as of December 31 of the year immediately preceding the taxable year for which the exemption is claimed does not exceed $150,000. "Net combined financial worth" shall include the value of all assets, including equitable interests, exclusive of the fair market value of the dwelling for which exemption is claimed and of the land not exceeding one acre upon which it is situated. Furniture, fixtures and appliances in such exempt residence shall also be excluded from the net worth calculation, provided that they are normal and reasonable to the use and maintenance of the property as the residence of the qualifying owner or owners. Net worth is computed by subtracting liabilities from assets. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 additions whigh m foundation and eons&t towed 13 u ortame in one or more sectio is eight body feet or more in width and fo re in leng bod feet or moth in the traveling r„a.ia �,n _ _ _ __ _ _ contained in the structure. D. The erson claiming such exemption is 65 years of age or older or permanently and totally disabled as of December 31 of the year immediately preceding the taxable year for which the exemption is claimed. E. Gross combined income. (1) The gross combined income from all sources of such claimant owner or owners of such dwelling living therein, *n4-of their relatives living in such dwelling and of each nonrelative who is not the bona fide tenant or bona fide aid caregiver of an owner living in the dwelling for the immediately preceding calendar year does not exceed the sum of $50,000 ' 2 rega_ rdl�of whether an income tax return was filed or was required to be filed, provided that the first $7,500 of any income received by any claimant owner as permanent disability compensation shall not be included in such total, and provided that the first $8,500 of income of each relative, other than spouse of such claimant owner or owners, who is living in such dwelling and of each nonrelative who is living in such dwelling and who is not the bona fide tenant or bona fide raid caregiver of an owner Irvmg in the dwelling shall not be included in such total. (2) Such gross combined income of the claimant owner or owners shall not include up-to $50 of life insurance proceeds --f-such owners and payable to the-4wusv� nor shall it include proceeds from inel -eased borrowing or other debt or life insur-anee PlFoeeeds of the elfliffial all and any ineeme of the eini o or- owners of sueh dwelling-and- F. The net combined financial worth of such claimant owner or owners, and of their relatives living in such dwelling and of each nonrelative who is not the bona fide tenant or bona fide Paid caregiver of an owner living in the dwelling as of December 31 of the year immediately preceding the taxable year for which the exemption is claimed does not exceed $150,000. "Net combined financial worth" shall include the value of all assets, including equitable interests, exclusive of the fair market value of the dwelling for which exemption is claimed and of the land not exceeding one acre upon which it is situated. Furniture, fixtures and appliances in such exempt residence shall also be excluded from the net worth calculation, provided that they are normal and reasonable to the use and maintenance of the property as the residence of the qualifying owner or owners. Net worth is computed by subtracting liabilities from assets. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 ie G. A. 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 affidavit 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 particular 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 commonwealth. B. 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 combined 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 § 155 -18 of this article. The affidavit of any person less than 65 years of age who is claiming an exemption under this article shall be accompanied by a certification from the Social Security Administration the De artment of Veterans Affairs or eerti ation by Retirement Board, or, if such person is not eligible forte any of these agenc ies, a sworn affidavit from medical doctors licensed to practice two medicine in the commonwealth or are military officers on active d uty who practice medicine with the United States Armed Forces to the effect that the applicant 1s pe rmanently and totally disabled as defined in § 155 -16 of this article. The affidavit of at least one of the doctors shall be based upon a phy sical examinat of the person by such doctor. The affidavit of one of the doctors may be based upon medical in formation contained in the records of the Civil Service Commission which is relevant to the standards for determining perma nent and total disabili . 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. C. The Commissioner of the Revenue, after audit and investigation 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 forthwith deduct the amounts of such exemption from the real estate tax chargeable for the taxable year to such persons and property. § 155 -19. Application for exemption; investigation of affidavit. § 155 -20. 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 to $20,000 $20,001 to $25,000 $25,001 to $30,000 $30,001 to $50,000 6 155 -20.1. Deferral. Percentage of Exemption 100% 60% 35% 10% Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 :` sold. be inferior to all other liens of record § 155 -21. Changes in status. Changes in respect to income, financial worth, ownership of property or other factors occurring during the taxable year for which the affidavit is tiled and having the effect of violating or exceeding the limitations and conditions of § 155 -18 of this article shall nullify any exemption Er deferral for the then current taxable year and for the taxable year immediately following, provided that ne--a change in income or- finaneial v! Birth whieh does not have the effeet 0 shall only operate to inerease o decrease the percentage of exemption or deferral previously determined by the Commissioner of the Revenue pursuant to § 155 -20 of this article to the extent that the income amount exceeds the relevant ran a for a ercenta a of exemption or deferral set out in 155 -20 and 155 -20.1 of this article § 155 -22. Filing false claims. It shall be unlawful for any person to falsely claim an exemption or deferral under this article. Enacted this 10' day of January, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton A PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 155 TAXATION• ARTICLE XV ASSESSMENT AND EQUALIZATION OF REAL ESTATE; BOARD OF EQUALIZATION APPEALS• TO MODIFY THIS SECTION TO CREATE A NEW ARTICLE XV TO ALLOW FOR BIENNIAL REASSESSMENT OF REAL ESTATE IN THE COUNTY. - APPROVED County Attorney Roderick Williams advised this proposal would codify what has become the County's practice in regard to conducting real estate assessments. It allows for reassessments to be conducted every two years. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 Me Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board approved the following amendment to the Frederick County Code, The Board of Supervisors of Frederick County, Virginia hereby ordains that Article XV (Supplemental Assessment of New Buildings Substantially Completed) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Article XV (Assessment and Equalization of Real Estate; Board of Equalization; Appeals) of Chapter 155 (Taxation), to read, in its entirety in place of the current Article XV of Chapter 155 of the Code of Frederick County, Virginia, as follows and to take M effect immediately: CHAPTER 155 ARTICLE XV Assessment and Equalization of Real Estate; Board of Equalization; Appeals § 155 -63. Assessment and equalization of real estate. A. Assessment and equalization of real estate for local taxation shall be performed pursuant to this section on a biennial basis and as provided in § 155 -64 of this Code. B. The Commissioner of the Revenue of the County of Frederick shall, if he or she consents, perform the actual function of determining value for real estate in the County, pursuant to the provisions of § 58.1 -3270 of the Code of Virginia, 1950, as amended. C. In the event that the Commissioner of the Revenue of the County of Frederick will not consent to perform the assessment and equalization of real estate in the County, the Board of Supervisors shall appoint a real estate appraiser who shall perform the actual function of determining value for real estate in the County. Such appraiser shall be certified as a professional assessor by the State Department of Taxation and shall serve in lieu of a board of assessors as provided in § 58.1 -3271 of the Code of Virginia, 1950, as amended. D. Any real estate appraiser appointed pursuant to subsection C of this section shall serve at the pleasure of the Board of Supervisors, but shall report to the County Administrator or his or her designee regarding the information requirements of the County and the daily operations of the appraiser's office. The County Administrator shall report and make recommendations to the Board of Supervisors regarding the activities and performance of the appraiser. § 155 -64. Supplemental assessment of new buildings substantially completed. A. Applicability. Pursuant to § 58.1 -3292 of the Code of Virginia, 1950, as amended, all new buildings substantially completed or fit for use and occupancy prior to November 1 of the year of completion shall be assessed when so completed or fit for use and occupancy, and the Commissioner of the Revenue of the County of Frederick shall enter in the books the fair market value of such building. B. Partial assessment. No partial assessment as provided herein shall become effective until information as to the date and amount of such assessment is recorded in the office of the official authorized to collect taxes on real property and made available for public inspection. C. Computation of tax. The total tax on any such new building for that year shall be the sum of (i) the tax upon the assessment of the completed building, computed according to the ratio which the portion of the year such building is substantially completed or fit for use and occupancy bears to the entire year, and (ii) the tax upon the assessment of such new building as it existed on January 1 of that assessment year, computed according to the ratio which the portion of the year such building was not substantially complete or fit for use and occupancy bears to the entire year. D. Extension of time for payment. With respect to any assessment made under this section after September 1 of any year, the penalty for nonpayment by December 5 shall be Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 191 extended to February 5 of the succeeding year. § 155 -65. Damaged or destroyed buildings. Pursuant to § 58.1 -3293 of the Code of Virginia, 1950, as amended, when from natural decay or other causes any previously assessed building and enclosure as aforesaid is either wholly destroyed or reduced in value below $100, the Commissioner of the Revenue shall deduct from the charge against the owner the value at which such building and enclosure may have been assessed; and if the value of the building has been impaired by violence to the extent of $100 or more, the Commissioner shall assess the building in its present condition and reduce the charge for the same to the amount so assessed. § 155 -66. Board of equalization. Effective January 1, 2010, pursuant to § 58.1 -3373 of the Code of Virginia, 1950, as amended, there is hereby created a permanent board of equalization consisting of five members to be appointed by the Circuit Court of the County of Frederick. One member of the board of equalization shall be appointed for a one -year term, one member shall be appointed for a two - year term, and three members shall be appointed for a three -year term. As the terms of the initial appointees expire, their successors shall be appointed for terms of three years. Members of the board of equalization shall have the qualifications prescribed by § 58.1 -3374 of the Code of Virginia, 1950, as amended, and shall conduct their business as required by § 58.1 -3378 of the Code of Virginia, 1950, as amended. The Board of Supervisors shall determine the amount of compensation of the members of the board of equalization. § 155 -67. Appeals of assessments. A. Any person aggrieved by any assessment under this article may apply for relief to the board of equalization created under § 155 -66 or otherwise created under § 58.1 -3370 of the Code of Virginia, 1950, as amended, provided that any such application shall be made in writing and filed with the board of equalization by no later than June 30 of the year in which such assessment is made, except for assessments levied after July 1 pursuant to § 155 -64 of this Code and § 58.1 -3292 of the Code of Virginia, 1950, as amended, in which case any such application shall be made in writing and filed with the board of equalization by no later than 45 days after the notice of assessment is issued. B. An appeal from a determination by the board of equalization may be made to the Circuit Court of the County of Frederick as provided in the Code of Virginia. Hearing before the board of equalization is a prerequisite to the jurisdiction of that court to review an assessment of real property. Enacted this 14` day of January, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye -- I PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 158 VEHICLES AND TRAFFIC• ARTICLE III COUNTY VEHICLE LICENSES• TO MODIFY THIS SECTION TO DISCONTINUE THE ISSUANCE OF THE COUNTY MOTOR VEHICLE LICENSE DECAL. - APPROVED County Attorney Roderick Williams advised this was a proposal to eliminate the requirement of county vehicle decals. He noted the County would still license vehicles and Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 192 collect the license fee, but no sticker would be issued. In addition, this proposal changes the license to January 1 - December 31. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Ewing stated he was supportive of this proposal, but felt the County was giving up some of the features, such as the ability to monitor use of the landfill and convenience sites. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the following amendment to the County Code. The Board of Supervisors of Frederick County, Virginia hereby ordains that Article III (County Vehicle Licenses) of Chapter 158 (Vehicles and Traffic) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Article III (County Vehicle Licenses) of Chapter 158 (Vehicles and Traffic), to read, in its entirety in place of the current Article III of Chapter 158 of the Code of Frederick County, Virginia, as follows and to take effect immediately (deletions are shown in ►a strikethfoitgh and additions are shown in bold underline) CHAPTER 158 ARTICLE III County Vehicle Licenses § 158 -7. Word usage. The terms "motor vehicle," "owner' or "operator" when used in this article shall, for the purpose of this article, have the meanings respectively ascribed to them in § 46.2 -100 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 meaning. § 158 -8. Vehicles required to be licensed. Every motor vehicle which is normally garaged, stored or parked in the County or every motor vehicle for which it cannot be determined where such motor vehicle is normally garaged, stored or parked and the domicile of the owner or operator thereof is in the County shall be licensed in the County , except such motor vehicles which are exempt from this requirement as provided in § 46.2 -755 of the Code of Virginia, 1950, as amended. § 158 -9. Fees. There is hereby levied and assessed a annual license tax, fee or charge on all such motor vehicles required to be licensed in the County in the amount of twenty -five dollars ( $25.00), except motorcycles, for which the license tax, fee or charge is ten dollars ( $10.00), and except for "a nti q ue motor vehicles" as defined and licensed in title 46.2 o the Code of Vir is: nia, 195 as amended and as provided for herein and vehicles no registe for use on highways, for which there is no annual license tax, fee or charge, and further except that such license tax, fee or charge shall in no event be greater than the amount of the license tax, fee or charge by the commonwealth on such motor vehicles. The owner of an " antique yehiele" as de fined and lieensed in title 46.2 of the Code of Virginia, 1950 as anyeaded, shall be issued -e- County lieense-m3on filing an fOF same With th T reas o f a r ,.r fivp. dollars ($5 and nm of th e ' _ ► ems' taxes and said license shall remain valid so long as thevehiele titled ` the mfi § 158 -9.1. Exemptions from fees. Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 193 In accordance with the Code of Virginia, 1950, as amended, § 46.2 -755, no County license fet shall be imposed for any one motor vehicle owned and used personally by any veteran who hold a current state motor vehicle registration card establishing that he has received a disabled veteran's exemption from the Division of Motor Vehicles and has been issued a disabled veteran's motor vehicle license plate as prescribed in the Code of Virginia, 1950, as amended, § 46.2 -739. § 158 -9.2. Exemption from motor vehicle license deeal -fee for Volunteer Fire and /or Rescue Department personnel. Pursuant to the authority granted by § 46.2 -752, Code of Virginia, 1950, as amended no County license fee shall be imposed for any one motor vehicle owned and used personally by an active member of a Volunteer Fire and /or Rescue Department, which motor vehicle is declared to be in a separate class of property for tangible personal property taxation pursuant to § 155 -26 of this Code ""`'.�v the T i - ea s 'Irer- .— a. --a e___ _I , - § 158 -9.3. Exemption from license fee for former prisoners of war In accordance with the Code of Virginia, 1950, as amended, § 46.2 -755, no County license fee shall be imposed for any one motor vehicle owned and used personally by any prisoner of war who holds a current state motor vehicle registration card establishing that he has received a prisoner of war exemption from the Division of Motor Vehicles and has been issued a prisoner of war motor vehicle license plate as prescribed in the Code of Virginia, 1950, as amended, § 46.2- 746. § 158 -10. Treasurer's responsibilities; license period of validity; proration. — The Treasurer shall issue a County license plate, St i ,-_tea for each motor vehicle Pon whic up h sueh the license tax, fee or charge under 4 158 -9 has been paid, subject to the provisions of § 158 -12; provided, however, the Treasurer may issue a County license plate-, `ieker- - we« prior to payment and bill the license tax, fee or charge on the next personal property tax bill forfor the vehicle. If such license tax, fee or charge is not paid by the due date for such personal property tax, such license shall thereafter be invalid -an aa&.a ., "r 4 h r� All license taxes, fees or charges 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 tax, fee or charge shall be applied to general County purposes. The license year for County licenses shall be from the 154h 1 " day of Eebruai= - January of each year to the 14th -31 day of Eebruan December of the Next -year, at which time such license shall expire. peff"nent in n a t ure and shall be-Valid from Weftse-ye��., lieen ee remains the owner and that the lieense *�N, fee or- eh"ge-��e�is ensee , The County license tax, fee or charge for a license year shall be prorated as follows: Vehicle license tax, fee or charge shall be ten dollars ( $10.00) for all motor vehicles not required to be licensed prior to November 1 of the license year, except for motorcycles, which license tax, fee or charge shall be five dollars ( and except for vehicles not registered for use on highways for which there is no license tax fee or charge Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 ORION Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 194 state law and shall be 1 F1 open and obvious vieA' inso § 158 -12. Payment of personal property tax required. A. No motor vehicle 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 to be licensed have been paid and satisfactory evidence that any delinquent motor vehicle personal property taxes owing have been paid which have been properly assessed or are assessable against the applicant by the County. B. Conditional County license. (1) A conditional County license may be issued for no more than one motor vehicle assessable to an applicant, even though such licensure would be prohibited by Subsection A above, if the applicant produces satisfactory evidence that any personal property tax delinquency by the applicant is a result of extraordinary financial hardship due to matters outside the control of the applicant and without fault of the applicant and the applicant has entered into a written payment plan which provides for payment in full of all such delinquency, including penalty and interest, no later than December 5 of the year of such County license and periodic payments of at least 10% per month of all such delinquency, including penalty and interest. Such conditional license may be of a different designation than the ordinary County license. (2) The Treasurer may revoke any conditional license so issued upon failure of the applicant to timely make any periodic payment required by the aforesaid payment plan. (3) Issuance of a conditional license shall be a matter of grace within the discretion of the Treasurer and not a matter of right of the applicant. § 158 -13. Transfer or replacement of license. A. A valid license issued by the County or any town herein and change of situs of vehicle for taxation from any town herein to the County, or vice versa, shall be transferred from one vehicle of like category of license taxation, fee or charge to another of the same category (e.g., from a passenger car to a passenger car) upon application of the owner or operator -and or- eharge of $1 for- eneh tran provided that the owner or operator of the vehicle for which the license to be transferred from is the same person as the owner or operator of the vehicle for which the license is to be transferred to. B. A r-episeement lieense shall be issued for a lost, stolen or mutilated lieense itpon applieation-by the owner oF operat )r-, satisfaeteff proof that sueh lieense has been stolen or mi-itilated an d p of the lieense tax, fee or ehar-ge of . QB. than 11 months and sueb motor i,e I eit� or town of this eom monwealth o ide the C with a remaining. period of validity of less than 12 months, sueh other lueal lieense shall be tr-ansfer-r- d and a C lieense issued therefor j1pon a ppfieation and payment of a transfer- lieense tax, fee, o - I - A .� at the owner- of sueb vehiele remains the same. A valid li cense issued by a�County city or town of this commonw outside the County and cha nge of situs of vehicle for taxation from a County city or town o f this com monwealth outside the County to the County, or vice v ersa, shall be transferred from one vehicle of like category of license taxation fee or ch arge to anot of the same categ (e. g., from a passenger car to a passenge car) upon application of the owner or operator, provided that the owner or operator o th vehicle for which the lice to be transferred from is the same person as the owner o operator of the vehicle for which the license is to be transferred to. § 158 -14. Penaltyies for failure to obtain and — display- licens license and for late payment of license tax, fee or cha rge. Minute Book Number 34 Board of Supervisors Regular Meeting or 01 /14/09 195 A. It shall be unlawful for the owner or operator of any motor vehicle required to be licensed in the County under this article to fail to obtain ate- display -the required County license or to distil. upen eh motor ve ,y, Co ».. �. l: » ra it exp d a t e; provided, however, that a grace period of 60 days is granted from the date of purchase or acquisition of - any motor vehicle, within which the owner or operator shall pay the license tax, fee or charge and obtain and display the required license on such motor vehicle. A violation hereof shall constitute a misdemeanor, punishable by a fine not to exceed two hundred fifty dollars J$250.00). A violation hereof may not be discharged by payment of a fine except upon presentation of satisfactory evidence that the required license has been obtained. Fines shall be the maximum allowed by law, as determined by the courts. B. There shall be imposed a penalty of five dollars ( $5.00) for each motor vehicle required to be licensed if such license was not pasect- obtained by of each tax license year or within 60 days from the date of purchase or acquisition of any motor vehicle, of which the total tax, fee or charge, including such penalty, shall in no event be greater than the amount of license tax, fee or charge by the commonwealth. C. There shall be imposed a penalty of five dollars ( $5.00) for each motor vehicle required to be licensed if the license tax, fee or charge is not paid by June 5 or the due date as indicated on the personal property tax bill of the license year for such motor vehicle, of which the total tax, fee or charge, including such penalty and any penalty under subsection B of this section, shall in no event be greater than the amount of license tax, fee or charge by the commonwealth. § 158 -15. Enforcement of Uniform Regional Compact for Cross - Jurisdictional Enforcement of Local Motor Vehicle Licensing Requirements. Pursuant to the Code of Virginia, § 46.2 -752K, as amended, and the Regional Compact for Cross - Jurisdictional Enforcement of Local Motor Vehicle Licensing Requirements entered into by Frederick County, the City of Winchester, the Town of Stephens City, the Town of Middletown, the Town of Berryville, the Town of Boyce, and the County of Clarke, any owner or operator of a motor vehicle or any other person required by law to obtain and display a valid local license by any jurisdiction which has entered into the Regional Compact for Cross - Jurisdictional Enforcement of Local Motor Vehicle Licensing Requirements (participating jurisdiction) must display any such license while a motor vehicle upon which such license is required to be displayed is operated or parked (public street) within the boundaries of this jurisdiction. § 158 -15.1. Violations and penalties; effective date. A. A violation of § 158 -15 shall constitute a misdemeanor, punishable by a fine of not more than two hundred fifty dollars ( $250. Fines shall be the maximum allowed by law, as determined by the courts. (1) When the operator is the owner of the cited vehicle, such violation shall be discharged by payment of the requisite line except upon presentation of satisfactory evidence that the required license has been obtained. (2) When the operator is not the owner of the cited vehicle, the violation may be discharged by payment of the requisite fine. B. Section 158 -15 shall be effective on January 1, 1994. Enacted this 14` day of January, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09 we Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #11 -08 OF WILLOW RUN SUBMITTED BY GREENWAY ENGINEERING TO REVISE PROFFERS ASSOCIATED WITH REZONING #21 -06 WHICH RESULTED IN THE REZONING OF 359.97 ACRES TO R4 (RESIDENTIAL PLANNED COMMUNIT DISTRICT W ITH PROFFERS FOR COMMERCIAL LAND USES AND UP TO 1 RESIDENTIAL UNITS. THE PROFFER REVISIONS GENERALLY PROPOSE, MODIFICATIONS TO THE TRANSPORTATION PROGRAM PREVIOUSLY APPROVED BY THE COUNTY. THE PROPERTIES ARE LOCATED EAST OF ROUTE 37 AND MERRIMAN'S LANE (ROUTE 621) NORTH OF CEDAR CR EEK GRADE (ROUTE 622) SOUTH AND W EST O F THE C1TY OF WINCHESTER AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 53 -A -90 53 -A -91 53 -A -92 53 -A -92A 53 -A -92B 53 -A -94 53 -3 -A AND 63 -A -2A IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to revise the proffers associated with Rezoning #21 -06. The applicant is requesting to amend the approved proffer statement to allow a time extension to begin and complete the proposed new Route 37 interchange improvements at Jubal Early Drive. The construction would be delayed 3 ' / 2 years from its original deadline or 5 1 /2 years from the original rezoning approval. Supervisor DeHaven asked if the escalation clause was based on this date or the original date of approval. Deputy Director Ruddy advised that his opinion would be approval tonight would supersede the original request. Evan Wyatt, Greenway Engineering, stated the applicant's intention was not to delay the escalation clause in the proffers. Ile went on to say the master development plan was approved in 2007 and the timeline started then. County Attorney Williams advised the way to remedy any confusion would be to have a specific date written into the proffers. Mr. Wyatt agreed with that suggestion. He stated the applicant would insert the original approval date of February 28, 2007. Ile concluded by saying VDOT was comfortable with this application, as the right -of -way has been provided and the permit issued by VDOT would be renewed annually. Chairman Shickle convened the public hearing. Minute Book Number 34 Board of Supervisors Regular Meeting or 01 /14/09 197 There were no citizen comments. Chairman Shickle closed the public hearing. Supervisor Fisher asked if the February 28, 2007 date would be added to proffer #5 on page 11 of the proffer statement. Mr. Wyatt responded the applicant would add the following wording "...following " approval of the final non - appealable proffered Master Development Plan approved February 28, 2007." Mr. Williams advised that was an acceptable solution. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved Rezoning #11 -08 with the revised proffers and with the applicant's intent specified in proffer #5. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - REZONING #14 -08 OF SOVEREIGN VILLAGE TO REVISE PROFFERS ASSOCIATED WITH REZONING #15 -99 SECTION TITLED RECREATION CENTER AND APPLICABLE TO 3.03 ACRE PARCEL. THE PROFFER REVISIONS PROPOSE MODIFICATIONS TO THE SOVEREIGN VILLAGE RECREATION CENTER. THE PROPERTY IS LOCATED AT THE SOUTHWESTERN CORNER OF THE INTERSECTION OF ROSSMAN AND FARMINGTON BOULEVARDS AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 65H- 13A -26A IN THE RED BUD MAGISTERIAL DISTRICT. — PULLED FROM AGENDA AT THE APPLICANT'S REQUEST This item was pulled from the agenda, at the request of the applicant. OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #07 -08 OF ROUTE 50 ASSISTED LIVING FACILITY — REFERRED TO STAFF FOR DISPOSITION Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for an assisted living facility. The property is 10.47 P I I acres and is zoned B2 (Business General). The proposed master development plan is consistent with the requirements of the Zoning Ordinance and requirements of the rezoning. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board referred Master Development Plan #07 -08 to staff for disposition. The above motion was approved by the following recorded vote: Minute Book Number 34 Board or Supervisors Regular Meeting of 01 /14/09 M Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye WAIVER REQUEST — JAMES AND LINDA MICHAEL — APPR UNDER CONSENT AGENDA This is a request for an exception from the lot requirements of Section 144 -31(C) of the Subdivision Ordinance to enable division of a parcel of land into two (2) parcels on a right -of- way less than 50 feet. The property is located approximately 2,901 feet east of Cedar Creek Grade (Route 622) on Fawcett Run Lane in the Back Creek Magisterial District. "This item was approved under the consent agenda. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton stated he hoped everyone had a safe and happy holiday season and he looked for great things in the coming year. Administrator Riley advised there would be a joint work session of the Board and Finance Committee on Wednesday, January 21, 2009 following the Finance Committee meeting. He noted staff would be seeking direction from the Board regarding the FY 2009 -2010 budget. There would also be a joint work session with the School Board on Tuesday, February 3, 2009 at 5:45 p.m. Supervisor Dove stated he met with county commissioners from Hardy and Hampshire counties in West Virginia concerning opposition to Allegheny Power's proposed PATH line. He went on to say that Congressman Wolf would be here next Friday, January 23, 2009, to meet with representatives from Frederick, Clarke, Loudoun, Hardy, Hampshire, and Jefferson counties regarding this issue. Chairman Shickle informed the Board that he had prepared thank you letters recognizing a couple of members of the Sheriff's Department for their service in assisting a family. ADJOURN Minute Book Number 34 Board of Supervisors Regular Meeting of 01 /14/09 199 UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:10 P.M.) Richard C. Shickle J hn R. Riley, . J Chairman, Board of Supervisors Nerk, Board of Supervisors Minutes Prepared By: 1Z- Jay E. Ti s Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 01/14/09