Loading...
April 27, 1994 Regular Meeting 6~4 I . A Regular Meeting of the Frederick County Board of Supervi- sors was held on April 27, 1994, 7:15 P.M., in the Board of supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, winchester, Virginia. PRESENT: Richard G. Dick, Chairman; W. Harrington smith, Jr., vice-Chairman; James L. Longerbeam; Robert M. Sager; Jimmie K. Ellington and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Glenn Grant of the Burnt Presbyterian Church. ADOPTION OF AGENDA Mr. Dick requested that Tab B - "Personal Property and Business License Tax Collection Policy" be pulled, along with the request for an executive session to discuss Acquisition and Disposition of Real Estate. Mr. smith requested that two items be added: 1. Discussion of Apple Ridge Subdivision. 2. Water Tower on Route 642. Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, the agenda was adopted as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs for approval under consent agenda: 1. Plan of Service for Delivery Area IV for 1994 Program Year from the Virginia Employment Commission - Tab C; 2. Shenandoah Valley Private Industry Council (PIC) Plan of Operation for 1994 - Tab D; 3. Activity Report - April 1-15, 1994 - Tab G; 4. Transportation Committee Report - Tab Hi 5. Finance Committee Report - Tab I. 615 Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the consent agenda was approved as noted above by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles w. Orndoff, Sr. - Aye CITIZEN COMMENTS Mrs. Patricia F. Scheder, resident of Gainesboro District, appeared before the board at which time she introduced John Dick, part owner of Miller and Anderson Plumbing and Heating located in the downtown mall area of Winchester. Mr. DiCk explained that he was present on behalf of the winchester Downtown Property Owners and he was asking the board of supervisors to consider a proposal, that would be coming to them under separate cover, which would be asking the board to very seriously consider keeping the county offices downtown. County Officials: JOHN R. RILEY. JR.. REAPPOINTED TO OLD DOMINION ASAP POLICY BOARD Upon motion made by w. Harrington Smith, Jr., seconded by Charles w. Orndoff, Sr., John R. Riley, Jr., was reappointed to the Old Dominion ASAP Policy Board, said term to commence June 30, 1994 and terminate on June 30, 1997. The above motion was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles w. Orndoff, Sr. - Aye BOARD AGREES TO PURCHASE DEFAULT APPLE RIDGE SUBDIVISION BOND FROM MARATHON BANK IN THE AMOUNT OF $10.000 Mr. Riley explained the background on this bond. Mr. Smith stated that Marathon Bank has offered to pay the county $10,000 for the bond. Following board discussion it was the consensus of the board that they did not agree with how this matter had been handled and did not appreciate the fact that the county had lost 616 , , $65,000, but given the circumstances felt the county didn't have a lot of options, and at this point Mr. Ambrogi stated it is in the county's best interest to try and collect something. Mr. Riley noted that the county's review process in the 80's was not as strong as it should have been. Mr. Ambrogi will respond to Mr. Tom Dickinson and Mr. Riley will respond to Mr. Unger of Marathon Bank concerning the boards decision on this matter. Upon motion made by Robert M. Sager, seconded by w. Harrington Smith, Jr., the Apple Ridge Subdivision Bond in the amount of $10,000 will be purchased from Marathon Bank as noted above. The above motion was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye ROUTE 642 ELEVATED WATER STORAGE TANK/LETTERING - APPROVED Mr. Smith noted that correspondence had been received from the Frederick County Sanitation Authority wherein they have requested input on the proposed lettering of the Route 642 elevated water storage tank. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the lettering as proposed by Gilbert W. Clif- ford and Associates, Inc., was approved by the following record- ed vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye VIRGINIA EMPLOYMENT COMMISSION PLAN OF SERVICE FOR DELIVERY AREA IV FOR 1994 PROGRAM YEAR - APPROVED UNDER CONSENT AGENDA SHENANDOAH VALLEY PRIVATE INDUSTRY COUNCIL (PIC) PLAN OF OPERATION FOR 1994 - APPROVED UNDER CONSENT AGENDA Public Hearing: THE SALE OF COUNTY OWNED PROPERTY LOCATED IN THE SHAWNEELAND SANITARY DISTRICT. DESCRIBED AS LOTS 86 AND 88. SECTION A. LYING AND BEING SITUATE IN THE BACK CREEK 't 617 MAGISTERIAL DISTRICT. COUNTY OF FREDERICK. STATE OF VIRGIN- IA - APPROVED Mr. Riley presented this information to the board. There was no public input. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Planninq Commission Business: Public Hearinq: CONDITIONAL USE PERMIT #002-94 OF BOYER LANDSCAPING. INC.. C/O LEWIS A. BOYER. II. FOR THE RELOCATION OF AN EXISTING LANDSCAPING/CONTRACTING BUSINESS. THIS PROPERTY IS LOCATED ON ROUTE 277 (FAIRFAX PIKE) JUST PAST THE INTERSECTION OF ROUTE 277 AND ROUTE 636 (WHITE OAK ROAD). IN THE SHAWNEE DISTRICT. AND IS IDENTIFIED AS PIN 86-A-l59 - APPROVED WITH CONDITIONS Mr. Wayne Miller, zoning administrator, presented this request to the board noting that the staff and planning commis- sion recommended approval with conditions. There was no public input. Mr. Boyer appeared before the board on behalf of his request and explained that he does plan to install the entrance within the next six months. He further explained that because of all the money he is having to put out he cannot do it all at one time. $7500 for the entrance and $4500 for the employee parking lot. Mr. Smith asked Mr. Boyer if he felt he could get all this done within the next twelve months. Mr. Boyer replied that he thought he could. Mr. Smith stated that he was willing to give the twelve months to get it all done, but that was it, no further exten- sions. Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, Conditional Use Permit #002-94 is hereby approved as amended to extend the time to twelve months for completion of the project. 618 The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye ACTIVITY REPORT - APRIL 1-15. 1994 - APPROVED UNDER CONSENT AGENDA TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Transportation Committee met on Tuesday, April 5, 1994 and the following actions and discussion took place: 1. Recommended approval of additional funding for Route 642. 2. Recommended that a study be conducted to lower the speed limit on Route 50 East to 35 mph from the entrance of Carpers Valley Golf Course to the Winchester City Limits. 3. Recommended that VDOT study the intersection area for Route 50 East, Prince Frederick Drive, and Pembridge Heights once the Corp of Engineers facility opens to determine if traffic signalization is warranted. 4. Discussed a proposal by VDOT to improve the Route 11 North/Route 37/1-81 interchange area. 5. Discussed a proposal to provide traffic signalization at the intersection of Route 522 South and the en- trances to the Dominion Square Complex and Delco Plaza. 6. VDOT informed the committee that the improvements to Greenwood Road (Route 656) would be delayed (except for the intersection realignment with Senseny Road) and that the improvements to Middle Road (Route 628) would begin earlier than anticipated. FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee met in the Personnel Conference Room on Wednesday, April 20, 1994 at 8:00 a.m. Present were: Committee Chairman W. Harrington Smith, Jr.; Committee members James L. Longerbeam, John P. Good, Jr., Kitty NiCholas and Henry Buettner. Also present were John R. Riley, Jr., Cheryl B. Shiffler and Jennifer L. Place. The agenda items are as follows: 1. The Reqional Jail requests a Regional Jail Fund supplemental appropriation in the amount of $5.422. This amount is needed to purchase ADP Equipment. No additional local funds are necessary. See attached memo. The committee recommends approval. 2. The Inspections Department requests a General Fund supplemental appropriation in the amount of $1.263.59. This amount represents an insurance reimbursement for a damaged Inspections vehicle. This amount is re- quested to be placed in line item 10-3401-3004-000-002 Repair and Maintenance - Vehicle. No additional local funds are necessary. See attached memo. The commit- tee recommends approval. 619 3. The Buildinq Official requests a General Fund supple- mental appro~riation in the amount of $1.634. This amount is needed to purchase additional copies of the 1993 code books. Additional local funds are needed. See attached memo. The committee recommends approval. 4. The Personnel Director requests a General Fund supple- mental appropriation in the amount of $300. This amount is needed to apply for membership in the Northern Shenandoah Valley Health Care Coalition. Additional local funds are needed. See attached memo. The committee recommends approval. 5. The County Administrator requests a General Fund supplemental appropriation in the amount of $25.000. This amount represents the county's share for a trust fund grant program under the Comprehensive Service Act. Additional local funds are needed. See attached memos. The committee recommends approval. 6. The County Administrator requests a General Fund supplemental appropriation in the amount of $5.013. This amount is needed to fund retirement, life insur- ance and health insurance for the Frederick County Registrar beginning with the 1994-95 fiscal year. Additional local funds are needed. See attached memo. The committee does not recommend approval. 7. The Law Librarv Committee requests a General Fund supplemental appropriation in the amount of $15.747. This amount represents Law Library Fees that were collected by Frederick County but were not expended. This involves additional local funds of $15,747 that are not currently budgeted. See attached memo. This item has been tabled awaiting further information. 8. The Director of Fire and Rescue requests a General Fund supplemental a~propriation in the amount of $30.000. This amount is needed to purchase equipment at various departments. No additional local funds are needed since these funds will be taken from the Fire Company Capital reserves. See attached memos. The committee recommends approval. ** FOR INFORMATION ONLY ** 1. Mr. Julian Carper from the Town of Middletown ad- dressed the committee on possible revenue sharing. See attached memos. Information is being compiled to present to the committee at a later date. 2. Representatives from the Northwestern Workshop attend- ed the meeting to make a presentation to the committee about possible funding for the Workshop. Northwestern Workshop requested county funds of $23,612. This donation has been deleted from the 1994-95 budget. The committee has decided to consider the request for FY 1995-96. BOARD COMMENTS Mr. Ellington stated that he understands Jeff Nelson of the Winchester Evening Star staff will soon be leaving the area. He would like to compliment him on his reporting of county matters as he feels he had done a good job. Mr. Riley explained that he is working with the county attorney in an effort to try and come up with a plan to get rid 620 , of the remaining lots, currently owned by the county, in Shawneeland. He will keep the board apprised of what becomes of this effort. UPON :MOTION HADE BY W. HARRINGTON SHITH, JR., SECONDED BY ROBERT :M. SAGER, THERE BEING NO FURTHER BUSINESS TO CO:ME BEFORE THIS BOARD, THIS :MEETING IS HEREBY ADJOURNED. ) .,/ ~-:=- ."...~....' . ___f~~:'''::::c:'''::-:-:'-- \ \ 621 A Regular Meeting of the Frederick County Board of Supervi- sors was held on May 11, 1994, 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Richard G. Dick, Chairman; W. Harrington smith, Jr., Vice-Chairman; James L. Longerbeam; Robert M. Sager; Jimmie K. Ellington, and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend J. William Hough, retired minister. ADOPTION OF AGENDA - APPROVED AS AHENDED Mr. Riley stated that he had a memo from C. W. Orndoff, Jr., with regard to county decals. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the agenda was approved as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs be approved under consent agenda: 1. Schedule of Board Meetings During Summer, 1994 - Tab B; 2. Schedule Date to Hold Public Hearing for Planning Commission Items - Tab C; 3. Request for Subdivision Ordinance Variance - Tab L; 4. Road Name Change Request - State Route 840, Bowman's Ford Road to Water Plant Road - Tab M; 5. Activity Report - April 16-30, 1994 - Tab N; 6. Public Works Committee Report - Tab o. Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, the consent agenda was approved as noted above by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye 622 Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENT Mr. Greg Huyett, Gainesboro District, appeared before the board to ask their assistance with a project he has been trying to accomplish for the past three years. He has asked the Frederick Winchester Service Authority to sell to him the sludge from the Wasterwater Treatment Plant on Route 7 rather than disposing of it at the county landfill, but at this point has been unsuccessful and he is hoping the board can assist in getting this changed. Mr. Dick stated that the board would take this request under advisement. MINUTES Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes of the special meeting of March 29, 1994, were approved as submitted by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Mr. Orndoff requested the following two amendments to the minutes of April 13, 1994: Paqe II - The amount referred to by Mr. Longerbeam as the possible amount that might be carried forward by the school board should read $300,000 and not $300. Paqe 12 - The amount referred to by Mr. Orndoff as the amount of new monies should read $2,200,000 and not $2,000,000. Upon motion made by Charles W. Orndoff, Sr., seconded by Jimmie K. Ellington, the minutes of April 13, 1994, were ap- proved as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye SCHEDULE OF BOARD MEETINGS FOR SUMMER. 1994 - APPROVED UNDER CONSENT AGENDA \ 623 The last meeting of June, July, August, and September wi11 be cancelled in order that board members might schedule their vacations. DATE SCHEDULED TO HOLD PUBLIC HEARING FOR PLANNING COMMIS- SION ITEMS - APPROVED UNDER CONSENT AGENDA The scheduled date is June 8, 1994. DON R. EDWARDS NOMINATED TO SCHOOL BOARD SEAT FROM SHAWNEE DISTRICT BY W. HARRINGTON SMITH. JR. Mr. Smith nominated Don R. Edwards of Fairway Estates to the Frederick County School Board from Shawnee District. A public hearing on this nomination will be held at the regular board meeting on May 25. COUNTY TREASURER ADDRESSED BOARD RE - COUNTY DECAL FILING DEADLINES Mr. Orndoff, treasurer, appeared before the board at which time he explained that the amount of late filing penalties charged with the 1994 personal property bills had increased significantly. In reviewing the decal sales he found that 35% of the decals purchased for a new vehicle had not been purchased within the l5 day deadline. He believes that these numbers are significant and warrants a change in the County Code. He further stated that the county previously had a filing time frame of 30 days, for which he is recommending that this be changed in the current code to reflect 30 days from the purchase date of the vehicle. Following discussion by the board it was the general consensus that it be forwarded to the Code and Ordinance Commit- tee for their review and recommendation. GARY VAN METER REAPPOINTED TO THE HISTORICAL RESOURCES ADVISORY BOARD - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., Gary Van Meter was reappointed to the Historical Resources Advisory Board as a representative from Shawnee District for a four year term, said term to commence May 10, 1994 and terminate on May 10, 1998. The above motion was approved by the following recorded vote: Richard G. DiCk - Aye W. Harrington Smith, Jr. - Aye 62,4 .f' I James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye JAMES L. LONGERBEAM APPOINTED TO WINCHESTER REGIONAL AIRPORT AUTHORITY Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington, board member James L. Longerbeam was appointed to the Winchester Regional Airport Authority for four years, said term to commence on June 11, 1994 and terminate on June 30, 1998. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION FROM THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY RE: PROPOSED PRESTON PLACE II HOUSING DEVELOPMENT - TABLED UNTIL NEXT BOARD MEETING Mr. Riley presented this information to the board. Following discussion, Mr. Longerbeam explained that he had concerns about this being approved by the board as it was written, as he felt it was asking for board approval on more than just the financing of the multi-family residential housing development by the Virginia Housing Development Authority. Mr. Riley suggested that this be pulled and held until such time as the master development plan is presented to the board for approval. (Later in the meeting Mr. Watkins informed Mr. Riley that this would have to be rescheduled for the next board meeting, if not the applicants would loose their chances of any possible funding due to a deadline). Pub1ic Hearinq: PURSUANT TO THE UNITED STATES DEPARTMENT OF JUSTICE RE- OUIREMENTS. A PUBLIC HEARING WILL BE HELD ON THE PRECLEAR- ANCE VOTING PLAN FOR ELECTED SCHOOL BOARDS - APPROVED Mr. Riley presented this information to the board noting that Shawnee and stonewall Districts will be the last two seats filled. 625 Ms. Irva Crowder, Gainesboro District, addressed the board concerning this new plan for elected school boards and explained that she would like to see the membership increased on the school board, and in doing so perhaps the county could have six magisterial districts rather than the five we currently have. She feels the larger the membership, the broader representation of county citizens on the school board which she feels is needed. Mr. Dick explained that the state code does not allow a county school board to have more membership than is allowed on the board of supervisors. Mr. Gordon Shenkle, asked for clarification as to when the various district seats would be up for reelection on the school board. Mr. Riley explained that in 1995 it would be Gainesboro, Back Creek, Opequon and one-at-Iarge. In 1997 it would be Shawnee and Stonewall. upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the Preclearance voting Plan for Elected School Boards was approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye ORDINANCE AMENDMENTS AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155 TAXATION: ARTICLE XIV: GENERAL BUSINESS LICENSE PROVI- SIONS: SECTION 155-73. PAYMENT. DELINQUENT PAYMENTS. GRACE PERIOD. BY THE ADDITION OF PARAGRAPH D. PARAGRAPH D WOULD REOUIRE ALL TAXES TO BE PAID BEFORE ISSUING A BUSINESS LICENSE IN FREDERICK COUNTY - APPROVED Mr. Riley presented this information to the board. There was no public input. Upon motion made by Charles W. Orndoff, sr., seconded by W. Harrington Smith, Jr., the following ordinance amendment was approved: BE IT ORDAINED, that Chapter 155, Article XIV, Section 155-73, by the addition of Paragraph D, is hereby amended to read as follows: S 155-73. Payment; delinquent payments; grace period. 626 D. No business license under this chapter shall be issued until the applicant has produced satisfactory evidence that all delinquent business licenses, personal property, meal, transient occupancy, severance and admissions taxes owed by the business to the county have been paid which have been properly assessed against the applicant by the county. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE XIV. GENERAL BUSINESS LICENSE PROVISIONS: SECTION 155-73. PAYMENT. DELINOUENT PAYMENTS. GRACE PERIOD: PARAGRAPH A AND B. THE PROPOSED AMENDMENT WOULD CHANGE THE PAYMENT DUE DATE FROM MARCH 1 OF EACH YEAR TO APRIL 1 OF EACH YEAR - APPROVED Mr. Riley presented this information to the board. There was no public input. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the following ordinance amendment was approved: BE IT ORDAINED, that Chapter 155, Article XIV, Section 155-73, Paragraph A and B, is hereby amended to read as follows: S 155-73. Payment; delinquent payments; grace period. A. All license taxes imposed by the Article and Articles XV and XVI shall be deemed to be due and payable by April 1 of each year; provided, however, that a license (other than a license for which the certificate of a court is required by law before it can be granted and other than a license which the law imposing the same provides that it shall be be prorated), the tax on which, but for this section, would be one thousand dollars ($1000) or more were it issued for the period of one (1) calendar year, may be issued for a period of less than a period of one (1) year and shall expire on the 1st day of April, the 30th day of June, the 30th day of September or the 31st day of December (quarterly) or 30th day of June and the 31st day of December (semiannually), whichever shall happen first after it is issued. The tax on such license shall be one-fourth (1/4) or one-half (1/2), respectively, or the tax required were the license tax issued for a year. The Commissioner is hereby given authority to require an annual license from any person who has, within the last twelve (12) months, been delinquent in the payment of a preceding quarterly or semiannual license. B. Where the business, prOfession, trade, occupation or employment is begun after April 1, such license shall become due and payable thirty (30) days after such person shall commence business. The above ordinance amendment was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye '- 627 Charles W. Orndoff, Sr. - Aye AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE XIV. GENERAL BUSINESS LICENSE PROVISIONS: SECTION 155-74. RECORDS AND ACCOUNTS. REOUIRED REPORTS: BY THE AMENDMENT OF PARAGRAPH B. THE PROPOSED AMENDMENT WOULD CHANGE THE FILING DATE FROM FEBRUARY 15 TO MARCH 15 AND WOULD PROVIDE THE TAXPAYER MORE TIME TO FILE ACCURATE RETURNS RATHER THAN PROVIDING ESTIMATED RETURNS _ APPROVED Mr. Riley presented this information to the board. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the following ordinance amendment was approved: BE IT ORDAINED, that Chapter 155, Article XIV, Section 155-74, Paragraph B, is hereby amended to read as follows: S 155-74. Records and accounts; required reports. B. Each licensee whose license is measured by gross receipts, gross purchases, gross orders or contracts or other bases shall submit to the Commissioner, not later than March 15 of each year, a report listing such basis for the preceding year. The above ordinance amendment was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE XVII. MEALS TAX: SECTION 155-20. PENALTY AND INTEREST - APPROVED Mr. Riley presented this information to the board. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the following amendment was approved: BE IT ORDAINED, that Chapter 155, Article XVII, Section 155-20, is hereby amended to read as follows: S 155-120. Penalty and interest for failure to pay meals tax when due. A. There shall be a penalty of ten percent (10%) added to all meals taxes imposed under the provisions of this chapter that are unpaid on the due dates as provided in this chapter. B. In addition to such penalty, interest at the rate of ten percent (10%) per annum shall accrue and be added to all due and unpaid taxes and penalties beginning with the first day following the imposition of the penalty; provided, however, that for the second and subsequent years of delinquency, such inter- est shall be at the rate established pursuant to Section 6621 of the united States Internal Revenue Code of 1986, 26 U.S.C. S 6621, as amended, but not less than ten percent (10%). Taxes and penalties herein provided shall be assessed and collected in 628 the manner provided by law for the enforcement of the collection of other taxes. The above ordinance amendment was approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Planninq Commission Business: Public Hearing: REZONING APPLICATION #001-94 OF NEGLEY CONSTRUCTION TO REZONE 2.5 ACRES FROM B-3 (INDUSTRIAL TRANSITION) TO B-2 (BUSINESS GENERAL) FOR USES ALLOWED UNDER B-2 ZONING. THIS PROPERTY IS LOCATED OFF OF ROUTE lION WELLTOWN ROAD. BEHIND DAYS INN AND ECONOLODGE. IN THE STONEWALL DISTRICT. AND IS IDENTIFIED AS PIN 43-A-52 - APPROVED Mr. Kris Tierney, assistant planning director, presented this request to the board noting that staff and planning commis- sion recommended approval. Mr. Smith asked how many lots would be involved. Mr. Tierney replied three, one lot would be B-2 and the rest B-3. There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by Jimmie K. Ellington, the above rezoning application of Negley Construction was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE III. SUPPLEMENTARY USE REGULATIONS. SECTION 165-37. BUFFER AND SCREENING REQUIREMENTS. AND ARTICLE VI. RP (RESIDENTIAL PERFORMANCE DISTRICT). SECTION 165-58 INTENT. AND SECTION 165-62. GROSS DENSITY. THE PROPOSED AMENDMENTS PERTAIN TO PERIMETER AND INTERIOR RESIDENTIAL SEPARATION BUFFERS. PERMITTED GROSS DENSITIES IN THE RP DISTRICT. AND MULTI-FAMILY HOUSING PERCENTAGES - APPROVED Mr. Evan wyatt, planner III, presented this amendment request to the board in a summary as noted below: CUrrent Densitv Provisions pat:ceJ, s1~e ~~x. Allowed Gross Densitv 25 acres or less 10 dwellings per acre Greater than 25 to 50 acres 8 dwellings per acre 629 Greater than 50 to 100 acres 6 dwellings per acre Greater than 100 acres 4 dwellings per acre Proposed Densitv Amendment Parcel Size 10 acres or less Max. Allowed Gross Density 10 dwellings per acre Greater than 10 acres to 100 ac. 5.5 dwellings per acre Greater than 100 acres 4 dwellings per acre Proposed Multifamilv Dwellinq Limitation Parcel Size Maximum Percent MUltifamilv Dwellinqs Less than 25 acres 100% Greater than 25 acres to 50 ac. 50% Greater than 50 acres 40% Chanqe in Residential Separation Buffer Requirements: Full buffer requirements are maintained around the perime- ter boundary of developments. Buffers between different housing types within a develop- ment are reduced from full buffer requirements to 10 foot easements with evergreen screen. Mr. Sager stated that he would like to commend Mr. Wyatt and fellow staff members for all their efforts on behalf of this amendment. There was no public input. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above ordinance amendment for Chapter 165, Zoning, was approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye REZONING APPLICATION #002-94 OF THOMAS C. GLASS TO REZONE 2.38 ACRES FROM B-1 (NEIGHBORHOOD BUSINESS DISTRICT) TO B-2 (GENERAL BUSINESS DISTRICT) FOR USES ALLOWED UNDER B-2 ZONING. THIS PROPERTY IS LOCATED EAST OF WINCHESTER. AT THE NORTHWEST CORNER OF THE INTERSECTION OF SENSENY ROAD AND GREENWOOD ROAD. IN THE SHAWNEE DISTRICT. AND IS IDENTI- FIED AS PIN 55-A-194 - APPROVED Mr. Kris Tierney presented this request to the board noting that the staff and planning commission had recommended denial. 630 He further noted that since the planning commission meeting, Mr. Glass had met with the planning staff and the proffers had been amended, therefore the staff was recommending approval of this rezoning application at this time. Mr. smith noted that the intersection of Senseny Road and Greenwood Road is scheduled to be upgraded this summer and this will definitely help the traffic problems that currently exist at this intersection. He further noted that he saw no problems with this type of business being located in this mall. Mr. Tierney stated that both he and Bob Watkins are com- fortable with the proffers as they currently stand. Mr. Glass appeared before the board at this time and gave a brief background of this mall from its beginning up to this point and he was not real pleased with how the county planning staff had handled some of the businesses that are currently housed in the mall. He stated that he has never been more than 50% full in the six years that the mall has been in operation. In explaining this to the board members he stated that some of the businesses were there illegally due to the zoning. Mr. Dick stated that he was concerned about any business location within the county that was not legally, and he would like this cleared up by the planning department as quickly as possible. There was no public input. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager rezoning application #002-94 of Thomas C. Glass to rezone 2.38 acres from B-1 to B-2 for uses allowed under B-2 zoning was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye REQUEST FOR SUBDIVISION ORDINANCE VARIANCE - APPROVED UNDER CONSENT AGENDA The planning commission at their meeting on May 4, 1994, unanimously approved the request of Mr. E. Frank Smith for a 631 variance from the ordinance required width to depth ratio for a rural area lot. ROAD NAME CHANGE REOUEST - STATE ROUTE 840. BOWMAN'S FORD ROAD TO WATER PLANT ROAD - APPROVED UNDER CONSENT AGENDA ACTIVITY REPORT - APRIL 16-31. 1994 - APPROVED UNDER CONSENT AGENDA PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, May 3, 1994, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; committee members Dudley Rinker and Jim Wilson; County Administrator, John R. Riley, Jr, and Director of PUblic Works, Harvey E. Strawsnyder, Jr., P.E. The following items were discussed: *** Items Not Reauirinq Action *** 1. Disposition of Gore School and J.C. Penney's Buildinq a. Gore School The former school building is slowly deteriorat- ing as a result of vandalism and a leaking roof system. We have estimated that it will cost approximately $15,000 to repair the roof and several of the damaged windows. After a lengthy discussion, it was decided to contact the Hebron Baptist Church to determine their interest in leasing the school building. The lease arrangement would requlre that the church would be responsible for the utilities and minor maintenance. Frederick County would be responsible for major maintenance items such as roof repair. It was unanimously agreed to proceed with the above approach prior to repairing the existing roof leak. b. J.C. Penney's Buildinq The attached memorandum dated April 26, 1994, summarizes the condition of the existing J.C. Penney's building and presents available options to avoid potential liability issues. After discussing these options and their related costs, the committee decided to pursue the following course of action: o Perform an asbestos survey to determine the amount of asbestos containing material within the building. o After obtaining the asbestos abatement survey, solicit bids to determine the cost of the asbestos removal. o Concurrent with the above bid request, solicit bids for the demolition of the building. The above information will be presented to the committee for their review. A recommendation will then be submitted to the Board of Supervisors for a final course of action. (See attachment 1) 2. Reauest from the city of Winchester The City of Winchester has made an informal request that we provide them with a cost for handling their stray cats and dogs. After discussing this issue in detail, the committee determined that additional cost data will be required before they can make a final decision. 63~ The committee requested that the Public Works Director prepare cost estimates related to the capital expenditures and increased operational costs required to accommodate the pro- jected increase in animals from the City of winchester. These costs will then be used as a basis to determine the city's share of expenses. From a preliminary standpoint, the City will be held responsible for any capital expenditures; whereas, opera- tional expenses will be based on a proportional use. 3. Miscellaneous reports various reports were submitted to the committee for the information. BOARD OF SUPERVISORS COMMENTS Mr. Ellington referred to the water tower being constructed by the Sanitation Authority on Route 642 and he felt it would help tourism if perhaps they would consider painting the tower the same colors as an apple and possibly have Frederick County printed on the tower portion that faces Interstate 81. Mr. Riley is to check on this request. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board retired into executive session in accordance with the Code of Virqinia. 1950, as amended, Section 2.1-344, Subsection A(3) to Discuss Acquisition and Disposition of Real Estate. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the board withdrew from executive session. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION 633 Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS_H~Y ADJOURNED. <( ~71. \ I \ t Y? A VL--.. ~~~~/ I ! ~n, Board of SupervisorS! II: , i! ~ 634 A special Meeting of the Frederick County Board of supervi- sors was held on May l8, 1994, at 5:00 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Richard G. Dick, Chairman; w. Harrington Smith, Jr., Vice-Chairman; James L. Longerbeam; Robert M. Sager; Jimmie K. Ellington and Charles W. Orndoff, Sr. STAFF: John R. Riley, Jr., county administrator; Lawrence R. Ambrogi, county attorney; and Carol T. Bayliss, executive secretary. CALL TO ORDER The Chairman called the meeting to order. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board retired into executive session in accordance with the Code of Virginia, 1950, as amended section 2.1-344, Subsection A(3) to Discuss Acquisition and Disposition of Real Estate. The above motion was approved by the following recorded vote: Richard G. DiCk - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the board withdrew from executive session. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the board reconvened into regular 635 session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was passed by the fOllowing recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY CHARLES W. ORNDOFF. SR.. SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD. THIS MEETING IS HEREBY ADJOURNED. ? cler~isors