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Home My WebLink AboutMarch 25 2009 Regular Meeting294 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 25, 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; Vice - Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised there were no changes to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA There were no items for the Consent Agenda. Chairman Shickle recognized the members of Boy Scout Troop 31, who were in attendance. PUBLIC HEARING PUBLIC HEARING - FISCAL YEAR 2009 -2010 TAX RATES — DEFERRED ACTION UNTIL APRIL 8 2009 REGULAR MEETING . Administrator Riley stated the purpose of tonight's public hearing was to receive comments on the proposed tax rates for the 2009 assessment year. He then reviewed the proposed tax rates: 51 cents per $100 of assessed value to be applied to real estate, including mobile homes. Minute Book Number 34 Board of Supervisors Regular Meeting of 03/25/09 (Budget Public Hearing on FY 2009 -2010 Tax Rates) 'I • $4.86 per $100 of assessed value to be applied to personal property. • $2.25 per $100 of assessed value to be applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Fire and Rescue Department. • 42 '/z cents per $100 to be applied to airplanes. • Zero tax to be applied to antique vehicles. • $2.00 per $100 of assessed value on declining values to be applied to machinery and tools, and contract classified vehicles. The declining values are 60% for the first year, 50% for the second year, 40% for the third year, and 30% for the fourth year and beyond. The Business and Professional Occupational License rates are as follows: • Retail 20 cents per $100 of gross receipts. • Contractors 16 cents per $100 of gross receipts. • Professional services 58 cents per $100 of gross receipts. • Repair, personal and business services and all other business and occupations not specifically listed or exempted 36 cents per $100 of gross receipts. • Wholesale 5 cents per $100 of purchases. • Meals tax at an adopted rate of 4 cents per $1.00. • Lodging tax at an adopted rate of 2 cents per $1.00. County decals at an adopted rate of $25 per vehicle and $10 per motorcycle. The Sanitary Landfill fees are as follows: $45 per ton for commercial /industrial; $42 per ton for construction demolition debris; $12 per ton for municipal waste and $24 per ton for municipal sludge. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board deferred action on this item until the April 8, 2009 meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. Minute Book Number 34 Board of Supervisors Regular Meeting of 03/25/09 (Budget Public Hearing on FY 2009 -2010 Tax Rates) 296 BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED The minutes from the March 4, 2009 worksession were presented. Supervisor Dove advised that he would be abstaining from the vote as he was not present at the worksession. Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board approved the minutes from the March 4, 2009 Worksession. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Abstain Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the minutes from the March 11, 2009 Worksession and Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF BRIAN MADAGAN AS OPEOUON DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board appointed Brian Madagan as Opequon District representative to the Planning Commission. This is a four year appointment, said term to expire April 7, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 03/25/09 (Budget Public Hearing on FY 2009 -2010 Tax Rates) 297 APPOINTMENT OF WALTER C. CUNNINGHAM TO THE FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon a motion by Supervisor Lemieux, seconded by Supervisor Fisher, the Board appointed Walter C. Cunningham to the Frederick County Sanitation Authority. This is a four year appointment, said term to expire April 15, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene F. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye RESOLUTION ( #054 -09) RE: REOUEST FOR GUBERNATORIAL ACTION REGARDING HB 1788 AND SB 1276 WHICH SUBSTANTIALLY PRE -EMPTS LOCALITIES' ABILITY TO REGULATE ALTERNATIVE ON -SITE SEPTIC SYSTEMS - APPROVED Administrator Riley advised the County received correspondence from the Orange County Board of Supervisors asking counties to urge the Governor to veto legislation passed by the General Assembly, which would take away local authority to regulate experimental health systems. He concluded by saying this authority should remain with the Board. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board adopted the following resolution: WHEREAS, the Virginia General Assembly, during the 2009 Session, considered legislation regarding the pre - emption of local regulation of the installation and maintenance of alternative on -site sewage systems (AOSS); and WHEREAS, the General Assembly enacted HB 1788 and SB 1276, which substantially pre -empt local regulation even though no adequate State Health Department regulations are in place to protect the public health, safety, and welfare; and WHEREAS, this Board finds such legislation to be premature. NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors does hereby oppose the recently enacted HB 1788 and SB 1276, and directs staff to send a letter to the Governor requesting him to veto or take other appropriate action with respect to HB 1788 and SB 1276. APPROVED this 25 day of March, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 03/25/09 (Budget Public Hearing on FY 2009 -2010 Tax Rates) Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS David Winters, Red Bud District, appeared before the Board. He said he could remember when Winchester used to be a mixture of people and skills; however, that does not exist today. He went on to say it used to be that the people who lived here worked here, but today there are more commuters. He stated subdivisions today are priced out of the working man's range. He asked the Board to think about the way things used to be. He concluded by saying improvements are great, but we are moving the hourly worker out. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN 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. (7:32 P.M.) Richard C. Shickle Riley, Jr. Chairman, Board of Supervisors 4Cferk, Board of Supervisors Minutes Prepared By: L Jay . r s Deputy lerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 03/25/09 (Budget Public Hearing on FY 2009 -2010 Tax Rates)