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September 08, 1993 Regular Meeting 406 A Regular Meeting of the Frederick county Board of supervi- sors was held on September 8, 1993, at 7:l5 P.M., in the Board of supervisors' 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; Beverly J. Sherwood and Charles W. orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend David R. Brosnan, of the Cedar Grove United Methodist Church. ADOPTION OF AGENDA Mr. Riley requested that a proclamation proclaiming Fire- fighter Appreciation Day for October 3, 1993, be added to the agenda. Upon motion made by W. Harrington Smith, Jr., 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs be approved under consent agenda: 1. correspondence and Proclamation from the ARC (Associa- tion for Retarded Citizens) - Tab B; 2. Correspondence and Resolution from the Virginia Department of Transportation Re: Route 622 - Tab H; 3. Activity Report - August 1-31, 1993 - Tab L; 4. Law Enforcement and Courts Committee Report - Tab M; 5. personnel Committee Report - Tab Nj 6. Finance Committee Report - Tab 0; 7. Miscellaneous Correspondence - Tab P. 1\ 407 Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the consent agenda was approved as noted by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. orndoff, Sr. - Aye PRESENTATION OF COUNTY AWARD FOR SEPTEMBER. 1993 Mr. Sager appeared before the Board at which time he asked his son, who is in scouting, and Mr. Bill Owen to come forward. Mr. Sager presented the board's award for the month of September to Mr. Owen for his many contributions to scouting as well as the field of education and his many contributions to the youth of our county. BARBARA ALLEGRA NAMED EMPLOYEE OF THE MONTH FOR OCTOBER. 1993 Mr. Harrington Smith asked Mrs. Barbara Allegra to come forward at this time. Mr. Smith presented to Mrs. Allegra her award for being chosen the employee of the month for October. Mrs. Allegra thanked the board for her award as well as her fellow employees. CITIZENS COMMENTS There were no citizens to ~ppear before the board at this time. ASSOCIATION FOR RETARDED CITIZENS PROCLAMATION - APPROVED UNDER CONSENT AGENDA WHEREAS, it is only by citizens working together to help those who are in need and demonstrating their concern for one another that we can make our county and our community a better place to live; and WHEREAS, the ARC, formerly the Association for Retarded citizens of the Northern Shenandoah Valley, 12th Annual Walk-a- thon, will be held on Saturday, October 2, 1993, at Jim Barnett Park, from 8:30 a.m. to 3:00 p.m., gives people with disabili- ties and the community at large the chance to participate and help the organization pursue its goals and objectives; and WHEREAS, this 12th Annual event was created to support the year round programs offered through the ARC for citizens, children and adults with disabilities; and WHEREAS, Frederick County fully supports and welcomes the ARC and all its citizens with disabilities; NOW, THEREFORE, BE IT RESOLVED, that the County of Freder- ick proclaims October 2, 1993, as the ARC Walk-a-thon Day. 408 JUDITH ANN SWIGER APPOINTED TO THE SHENANDOAH AREA AGENCY ON AGING Upon motion made by Beverly J. Sherwood, seconded by Robert M. Sager, Judith Ann Swiger was appointed to the Shenandoah Area Agency on Aging. This term will begin on September 30, 1993 and terminate on September 30, 1996. The above motion was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye JOHN LIGHT REAPPOINTED TO THE PLANNING COMMISSION FROM STONEWALL DISTRICT Upon motion made by Charles W. Orndoff, Sr., seconded by Beverly J. Sherwood, John Light was reappointed to the Planning Commission from Stonewall District for a four year term, said term to commence on October 3l, 1993 and expire on October 3l, 1997. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye W. HARRINGTON SMITH. JR.. REAPPOINTED TO THE REGIONAL JAIL BOARD Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., W. Harrington smith, Jr., was reappointed to the Regional Jail Board for a four year term, said term to commence on October 13, 1993, and terminate on October 13, 1997. Richard G. Dick - Aye W. Harrington Smith, Jr. - Abstained James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye WILLIAM ORNDOFF. JR. ADDRESSED BOARD - RE: UPDATE ON DELIN- QUENT TAXES Mr. Orndoff, Jr., county treasurer, appeared before the board to present the delinquent real estate and personal proper- ty, as well as the Shawnee land real estate totals for the boards 409' information and review. These totals are for the period ending June 30, 1993. Mr. Orndoff requested the board's permission to advertise the delinquent real estate figures for 1992. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, permission is hereby given to the county treasurer to advertise the delinquent real estate figures for 1992 . The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye REOUEST FROM: SHAWHBELAHD SANITARY DISTRICT M:AHAGER FOR CHANGES TO THE PROCEDURAL DOCUMENT - APPROVED Mr. Riley stated that this request was for date changes to the procedures document, and they were being requested in order that the procedures document can follow in line with the Board of Supervisors meetings. He further stated that the sanitary district advisory committee is requesting that a proxy be included as part of the procedures document. He further stated that the proxies will read that advisory committee agrees to use proxies as long as they are related to certain topics and discussion and at a specific meeting. Mr. Dick asked about letter H. on page 3, number 1, does the nine owners mean residents that are currently living there. Mr. Riley replied yes. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the amendments to the procedures document as presented by the sanitary district advisory committee was approved with the understanding that on page 3 it refers to residents currently residing in Shawnee1and as spelled out above. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye 410 Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye ACCESS FEES FOR USING B. K. HAINES PROPERTY LOCATED AT TOP OF NORTH MOUNTAIN APPROVED AS AMENDED Mr. Riley presented this information to the board, noting that the the Shawneeland Sanitary District Advisory Committee had studied the present county policy that addresses the proper- -..- ty owners of North Mountain that use sanitary district roads in order to get to their property and the fee they have been charged by the county for this in the past. Mr. Riley further explained that the committee had recommended that each property owner using these access roads in Shawnee land in order to get to their property at top of north mountain be assessed a fee of $220 per year. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the residents of North Mountain using Shawnee land roads will be assessed a fee of $220 per year. The above motion was approved by the following recorded vote: RiChard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye DATE SET FOR PUBLIC HEARING ITEMS FOR AMENDMENTS TO THE COUNTY CODE. CHAPTERS 144 & 165 Upon motion made by Charles W. Orndoff, Sr., seconded by Beverly J. Sherwood, October l3, 1993, is the date set for public hearing items dealing with amendments to the county code, chapters 144 and l65. The above motion was approved by the following recorded vote: Richard G. DiCk - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION RE: ROUTE 622 ADJUSTMENTS AS NOTED BY VIRGINIA DEPARTMENT OF HIGHWAYS - APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia department of Transportation has constructed Route 622 on a new alignment under Budget Item 6095, and 411 WHEREAS, the project sketch, attached and incorporated herein as a part of this resolution, defines adjustments re- quired in the Secondary System of the state Highways as a result of that construction, and WHEREAS, the portion of old road identified to be discon- tinued is deemed by the Virginia Department of Transportation to no longer provide a public convenience sufficient to warrant maintenance at public expense as a part of the Secondary System of State Highways, NOW, THEREFORE, BE IT RESOLVED, this board requests the Virginia Department of Transportation to add Links A-B to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia, for which sections this Board hereby guarantees the right-of-way to be clear and unrestricted, including any necessary easements for cuts, fill and drainage, and BE IT FURTHER RESOLVED, this Board concurs with the Common- wealth Transportation Board's discontinuance of Links C-D as a part of the Secondary System of State Highways, pertinent to Section 33.1-150 of the Code of Virginia, and BE IT FINALLY RESOLVED, this board orders that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. FIREFIGHTER APPRECIATION DAY - APPROVED Whereas, firefighting teams in Frederick County consist of volunteer and career firefighters and employees of industrial plant fire brigades; and Whereas, the citizens of Frederick County benefit daily from the life saving knowledge and fire suppression skills of these trained professionals; and Whereas, the firefighters in Frederick County face great personal risk and make tremendous sacrifices to extend quality fire protection services to our citizens; and Whereas, the designation of Firefighter Appreciation Day will serve to educate our citizens about the value of the people who serve as our first line of defense against all hazards which may threaten our community. Now, Therefore, I Richard G. Dick, Chairman of the Board of Supervisors of Frederick County, do hereby proclaim Sunday, October 3, 1993 as " Firefighter Appreciation Day" and the Board of Supervisors urges all citizens of the County to show your support to your local fire company. The Board also commends each of our firefighters for a job well done and expresses the thanks of a grateful community. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the above proclamation was approved by the fOllowing recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye INDUSTRIAL DEVELOPMENT AUTHORITY BOND RESOLUTIONS FOR ALLIED SYSTEMS CORPORATION AND WINCHESTER WOODWORKING APPROVED 412 Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the Industrial Development Authority bond resolu- tion for Allied systems corporation was approved as presented and is on file in the County Administrator's Office as well as the Industrial Development Authority files. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Industrial Development Authority bond resolution for Winchester Woodworking was approved as presented and is on file in the County Administrator's Office as well as the Industrial Development Authority files. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Public Hearina: IN ACCORDANCE WITH SECTION 22.1-29.1 OF THE CODE OF VIRGIN- IA. 1950. AS AMEHDED. THE FREDERICK COUNTY BOARD OF SUPER- VISORS WILL HOLD A PUBLIC HEARING TO CONSIDER THE NOMINA- TION TO THE FREDERICK COUNTY SCHOOL BOARD FROM BACK CREEK MAGISTERIAL DISTRICT Mr. Longerbeam stated that his nominee, Mr. Bill VanHorssen, was present to respond to any questions the board might have. Mr. Dick asked Mr. VanHorssen his opinion of collective bargaining as it relates to teachers. Mr. VanHorssen explained that he felt teachers needed some sort of mechanism to talk with administrators, he was not sure what that might be, however, he does not believe in striking. Mr. DiCk asked Mr. VanHorssen if the elected school board issue is placed on the upcoming ballot and is successful, the fact that this is a four year appointment, would he be willing to run for the seat. l 413 Mr. VanHorssen replied yes he thought he would, as things stand now. Mr. Dick asked about his opinion of year round schools. Mr. VanHorssen replied that he felt this needed to be looked into from a community standpoint, and if money could be saved then it definitely needs to be explored. He also feels the county needs to decide whether or not they are equipped to handle a program such as this. Mrs. Sherwood asked Mr. VanHorssen what his opinion was of Common corp of Learning. Mr. VanHorssen replied that he has talked with different individuals in different states about this, and he feels it would be an emotional issue, and before really deciding, he would need more information. There was no public input. This appointment will be voted on at the next regular board meeting. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAP'l'ER 158. VEHICLES AND TRAFFIC: BY DELETING AND REPEALING ARTICLE I. GENERAL PROVISIONS. AND REPLACING IT WITH A NEW ARTICLE I. GENERAL PROVISIONS -APPROVED Mr. Riley presented this information to the board. BE IT ORDAINED, that Chapter 158, Article I, of the Freder- ick County Code is hereby deleted and repealed and replaced with a new Article I to read as follows: S 158-1. State Uniform Traffic Code adopted. A. pursuant to the authority and prov1s1ons of section 46.2-1313 of the Code of Virginia, 1950, as amended, the follow- ing chapters and sections of Title 46.2, Motor Vehicles, of such Code are hereby adopted and incorporated by reference in this Chapter and made applicable within Frederick County, to-wit: ( 1) 46.2.300 Drive without license. (2) 46.2-301 suspended or revoked license. (3) 46.2-302 Financial responsibility. (4) 46.2-346 Prohibited use of driver's license. (5) 46.2-347 Fraudulent use of driver's license. (6) 46.2-348 False statements in application. (7) 46.2-349 Unlawful to commit violation. (8) 46.2-350 Penalty. (9) 46.2-362 Appeals. (10) 46.2-707 Operate uninsured motor vehicle. 414 (11) 46.2-715 (12) 46.2-722 (13) 46.2-800.1 (14) 46.2-801 \ (15) 46.2-802 (16) 46.2-803 (17) 46.2-804 (18) 46.2-805 (19) 46.2-806 (20) 46.2-807 (21) 46.2-808 (22) 46.2-811 (23) 46.2-812 (24) 46.2-813 (25) 46.2-814 (26) 46.2-816 (27) 46.2-817 (28) 46.2-818 (29) 46.2-820 (30) 46.2-821 (31) 46.2-822 (32) 46.2-823 (33) 46.2-824 (34) 46.2-825 (35) 46.2-826 (36) 46.2-828 (37) 46.2-829 (38) 46.2-830 (39) 46.2 -830. 1 (40) 46.2-831 (41) 46.2-832 (42) 46.2-834 (43) 46.2-835 (44) 46.2-836 (45) 46.2-837 Display of license plates. Altered or forged license plates. Riding animals on highway. Application to drivers of all vehicles. Drive on right. Railroad intersections. Highway lanes. Lane direction control signals. One-way roads. Rotary traffic islands. controlled access highways. Coasting. Driving more than thirteen hours. Occupied towed trailers. Safety zone. Follow too closely. Disregard signal by police officer. stopping vehicle of another. Right-of-way at intersection. stop and yield right-of-way. Right-of-way at traffic circles. Forfeiture of right-of-way. Right-of-way at "T" intersections. Yield right-of-way. stop before entering highway. Funeral right-of-way. Law Enforcement and emergency vehicles. Obey signs. Same where driver sleeping or resting. Unofficial signs prohibited. Injuring signs. Signals by law officers. Right turn on red. Left turn after stopping. passing vehicles in opposite (46) 46.2-838 (47) 46.2-839 (48) 46.2-840 (49) 46.2-841 (50) 46.2-842 (51) 46.2-842.1 (52) 46.2-843 (53) 46.2-844 (54) 46.2-845 (55) 46.2-846 (56) 46.2-847 (57) 46.2-848 (58) 46.2-849 (59) 46.2-850 (60) 46.2-851 B. Chapter 9 to wit: 415 direction. Pass when overtaking vehicle. Passing bicycle or moped. Horn signal when overtaking vehicle. Pass on right when overtaking. Right-of-way to overtaking vehicle. Same on divided highway. Limitations on same. School bus. u-turns. Position and turning at intersec- tion. Left turns by bicycles and mopeds. Required signals. How signals given. Change of course after signal. Signals prior to moving. (1) Article 7 in its entirety (Reckless Driving). (2) Article 8 in its entirety (Speeding). (3) Article 9 in its entirety (Railroad Crossings). (4) Article 10 in its entirety (Stopping on High- ways). (5) Article 12 in its entirety (Bicycles). (6) Article 13 in its entirety (Motorcycles and Mopeds) . (7) Article 15 in its entirety (Emergency vehicles). (8) Article 16 in its entirety (pedestrians). (9) Article 17 in its entirety (Legal Procedures or Requirements) . C. Chapter 10 to wit: (1) Article 1 in its entirety (Vehicle Equipment Safety). (2) Article 3 in its entirety (Lights and Turn Signals). (3) Article 4 in its entirety (Tires). (4) Article 5 in its entirety (Exhaust System). (5) Article 6 in its entirety (Windshields and Windows) . (6) Article 7 in its entirety (Horns, Sirens and 41q Whistles) . (7) Article 8 in its entirety (Suspensions). (8) Article 9 in its entirety (Brakes). (9) Article 11 in its entirety (paint and Lettering/School Buses). (10) Article 12 in its entirety (Safety Belts). (11) Article 13 in its entirety ( Child Restraints). (12) Article 20 in its entirety (Loads and Cargos). D. Chapter 12 to wit: ( 1) Article 1 in its entirety (Abandoned Vehicles). (2) Article 2 in its entirety (Immobilized Vehicles). (3) Article 3 in its entirety (Trespassing Vehicles, parking and Towing) . S 158.2. Driver improvement clinic. The provisions of S46.2-1314 of the Code of Virginia, relating to traffic schools concerning law and ordinances for the regulation of vehicular traffic and the safe operation of vehicles, are hereby adopted and made a part of this chapter as if set forth herein. S 158-3. Violation and penalty. A violation of any of the provisions of Title 46.2 of the Code of Virginia adopted and incorporated herein as aforesaid shall be punishable in the same manner as is provided in such Title 46.2. Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff, Sr. the above amendment was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Nay Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPl'ER 155. TAXATION: ARTICLE I. GENERAL PROVISIONS: SECTION 155-4. PENALTY OF LATE PAYMENT AND 155-6. INTEREST ON DELINOUENT TAXES BE IT ORDAINED, that Chapter 155, Article I, section 155-4 and 155-6 of the Frederick County Code, is hereby amended to read as follows: S 155-4. Penalty for late payment. There is hereby imposed a penalty of ten percent (10%) of the taxes past due which shall apply to any of the following taxes, including assessments, fees or charges for any of the following taxes: real estate, tangible personal property, sanitary district, machinery and tools, business licenses, transient occupancy licenses, meal licenses, pUblic service, bank franchise and streetlights. 417 S 155-4.1. There is hereby imposed on delinquent taxpayers a fee to cover the administrative cost associated with the collection of delinquent taxes. Such fees shall be in addition to all penalty and interest and be in the amount of twenty dollars ($20.00) for taxes collected subsequent to the filing of a warrant or other appropriate legal document but prior to judgment, and twenty five dollars ($25.00) for taxes collected subsequent to jUdgment. S 155-6. Interest on delinquent taxes. Pursuant to the authority granted by 58.1-3916 of the Code of Virginia, 1950, as amended, interest shall be due and payable on all delinquent taxes on tangible personal property, machinery and tools, real estate, sanitary district tax, busi- ness license tax, transient occupancy license tax, meal license tax, public service tax, bank franchise tax, streetlights tax, and all penalties thereon from the first day following the day such taxes due at the rate of ten percent (10%) per annum. Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff, Sr., the above amendment was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Nay Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPl'ER 158. VEHICLES AND TRAFFIC: BY DELETING AND REPEALING ARTICLE III. COUNTY VEHICLE LICENSES. AND REPLACING IT WITH A NEW ARTICLE III. COUNTY VEHICLE LICENSES - APPROVED BE IT ORDAINED, that Chapter 158, Article III, of the Frederick County Code is hereby repealed and replaced with a new Article III to read as follows: S 158-7. Word usage. "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 S46.2-100 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. S 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 and display a valid county license, except such motor vehicles which are exempt from this requirement as provided in S46.2-755 of the Code of Virginia, 1950, as amended. S 158-9. Schedule of fees. There is hereby levied and assessed a license tax, fee, or charge on all such motor vehicles required to be licensed in the county in the amount of fifteen dollars ($15.00) except motorcycles for which the license tax, fee, or charge is five dollars ($5.00) 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. S 158-10. Treasurer's responsibilities; license period of 41a Validity; proration. A. Upon payment of the local license tax, fee, or charge, the Treasurer shall issue a county license for each such motor vehicle upon which such license tax, fee, or charge has been paid. 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. County licenses shall be valid from the 15th day of February in the year issued to the following 15th day of February, at which time such license shall expire. The Treasurer shall begin collection of the license tax, fee, or charge and begin issuance of the license on the 1st day of January of each year. Any person required to purchase a county license may purchase the same at their request prior to January 1 of the license year; provided that the Treasurer is in possession of the county license for issuance of the license year requested. The county license tax, fee, or charge for a license year shall be prorated as follows: Vehicle license tax, fee or charge shall be five dollars ($5.00) 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 two dollars ($2.00). B. The Board of Supervisors may, upon finding that the Treasurer is unable to efficiently issue the replacement license before the date of expiration or that the persons seeking to secure such license are, as a group, unable to do so without being substantially inconvenienced, declare a grace period for the replacement of such license, which shall have the effect of postponing the expiration of the license to be replaced. S 158-11. Display of license. The county license shall consist of either a plate, sticker or decal, the county having the option of issuing either a metal plate or a windshield sticker or decal. Any sticker or decal issued by the county shall be affixed to the inside of the windshield in accordance with state law and shall be in open and obvious view insofar as allowed by state law. S 158-12. Payment of personal property tax required. No motor vehicle shall be licensed by the county until the applicant for such license has produced satisfactory evi- dence 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. S 158-13. Transfer of license. A. A valid license issued by the county, 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 passenger car to a passenger car) upon application of the owner or operator and payment of a transfer tax, fee or charge of one. dollar ($1.00) for each transfer, 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. stolen or operator, A replacement license shall be issued for a lost, mutilated license upon application by the owner or satisfactory proof that such license has been lost, 419 stolen or mutilated and payment of the license tax, fee, or charge of seven dollars and fifty cents ($7.50). S 158-14. Pena1ty for failure to obtain and disp1ay license and for disp1ay of expired 1icense. 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 and display the required county license to display upon such motor vehicle any county license after its expiration date; provided, however, that a grace period of fifteen (15) days from the date of purchase or acqui- sition of a any motor vehicle is granted 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 ($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. 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 purchased by February 15th of each tax license year, or within fifteen (15) days from the date or purchase of acquisition of any motor 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. S 158-15. Enforcement of a uniform Regiona1 Compact for Cross-Jurisdictiona1 Enforcement of Loca1 Motor Vehic1e Licensing Requirements. A. Pursuant to the Code of Virginia, S46.2 752(K), 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 and the Town of Middletown: (1) 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. S 158-16. Vio1ation and penalty. A. A violation of section 158-15 shall constitute a misdemeanor, punishable by a fine of not more than two hundred fifty dollars ($250.00): (1) When the operator is the owner of the cited vehicle, such violation shall be be discharged by payment of the requi- site fine 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. (3) Section 158-15 shall be effective on January 1, 1994. Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff, Sr., the above was approved by the following recorded vote: Richard G. Dick - Aye 429 w. Harrington Smith, Jr. - Aye James L. Longerbeam .~ Aye Beverly J. Sherwood - Nay Robert M. Sager - Aye Charles w. Orndoff, Sr. - Aye The majority of the above two amendments are items that reflect changes approved during the 1993 Session of the General Assembly. 1. AGREEMENT - REGIONAL COMPACT FOR CROSS-JURISDICTIONAL ENFORCEMENT OF LOCAL MOTOR VEHICLE LICENSING REQUIREMENTS REGIONAL COMPACT FOR CROSS-JURISDICTIONAL ENFORCEMENT OF LOCAL MOTOR VEHICLE LICENSING REQUIREMENTS Pursuant to Virginia Code S46.2-752(K), as amended, each of the undersigned participating jurisdictions agrees to submit to its local governing body for consideration of enactment the Uniform Ordinance to Enforce a Regional Compact for Cross-Juris- dictional Enforcement of Local Motor Vehicle Licensing Require- ments (Uniform ordinance) and, if the Uniform Ordinance is enacted by the local governing body, to reciprocally enforce the local motor vehicle licensing requirements enacted by the other participating jurisdictions. The purpose of this Compact is to ensure compliance with local motor vehicle licensing requirements by permitting ticket- ing and other appropriate enforcement action against motor vehicles which have physical situs as defined by Virginia Code S46.2-752 in one of the participating jurisdictions and which are identified to be in violation of the licensing requirements of the participating jurisdiction of situs by the police or other appropriate law enforcement authorities in another partic- ipating juriSdiction while the vehicle is located within the juriSdiction of authority of such police or law enforcement officials. It is intended that, by entering into this Compact the participating jurisdictions will foster reciprocal enforcement of each others' local motor vehicle license requirements. It is hoped that such reciprocal enforcement will encourage persons owning or operating a motor vehicle with situs in any of the participating jurisdictions to make application for, procure and properly display a valid local motor vehicle license (decal or plate) as required in the jurisdiction of situs. It is further intended that any such owner or operator who fails to display such license required by the jurisdiction of situs while a vehicle subject to such requirements is within the jurisdic- tional boundaries of any other juriSdiction entering into this compact will be subject to enforcement for a violation of the ordinance of the other participating jurisdiction passed in accordance with this Compact. It is further intended that such a violation shall not be discharged until full payment of the requisite fine has been made and satisfactory evidence that the required license has been obtained from the juriSdiction of situs is presented to the participating jurisdiction which issued the citation of violation. This compact shall take effect January 1, 1994. Upon motion made by James L. Longerbeam, seconded by w. Harrington Smith, Jr., the above agreement was approved by the fOllowing recorded vote: Richard G. DiCk - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye \ \ 421 Charles W. Orndoff, Sr. - Aye 2. AGREEMENT - PAYMENT OF PERSONAL PROPERTY TAXES It is hereby agreed between the County of Frederick, the Town of Stephens City and the Town of Middletown, that no license (decal or plate) shall be issued on any motor vehicle by either jurisdiction unless all personal property taxes assessed by each jurisdiction has been paid. This Agreement shall take effect January 1, 1994. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye ACTIVITY REPORT - AUGUST 1-31. 1993 APPROVED UNDER CONSENT AGENDA LAW ENFORCEMENT.AHD COURTS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Law Enforcement and Courts Committee met on Thursday, September 2, 1993, 2:00 P.M., in the Personnel Office Conference Room. Present were chairman of the committee Beverly J. Sherwood, board member James L. Longerbeam; committee members Larry P. Coverstone and James L. Hockman. Also present were County Administrator John R. Riley, Jr., Sheriff Robert T. Williamson, Commonwealth's Attorney Lawrence R. Ambrogi and President of The Summit Homeowners Association, Mr. Bova. Committee member Donald Ratcliff was absent. The committee submits the following: Discussion of Inclusion of the Roads within The Summit for Law Enforcement PurDoses - The committee discussed the patrol- ling of roads in The Summit for law enforcement purposes and recommends that the ordinance be advertised for public hearing to include same in the Frederick county Code. PERSONNEL COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Personnel Committee met on Wednesday, september 1, 1993, at 10:00 A.M. in the Personnel department Conference Room with the following members present: James L. Longerbeam, Beverly J. Sherwood, Colleen Bly, Leonard D. Newcome, John R. Riley, Jr., and Ann Kelican. Robert Gordanier was absent. The Committee submits the following report and recommen- dations to the Board of Supervisors for consideration: 1. Reauest From Handlev Library Director - The Committee reviewed the attached request from Ms. Trish Ridgeway, Handley Library Director, seeking approval for three library employees to participate in the county's deferred compensation program with ICMA. The Committee recommends approval of this request with the understanding that the first 90 days be on a trial basis and the library check must be received by the due date each month. 2. Reauest From Frederick County Extension Aqent to Fill Vacant Position - The Committee reviewed the attached request 422 from Dr. Gary DeOms to rill the vacant extension technician position in his department and recommends approval of same. 3. Reauest from the Frederick County Division of Court Services For New Classification - The Committee reviewed the attached request from Court Services Director Joe Walker for a new position classification for Case Officer Assistant. This is not an additional position, but would permit Mr. Walker to utilize a current staff member to perform case management functions to monitor DUI offenders who are referred by agencies outside our service district. No County funds are needed to implement this request. The Committee recommends approval of this request. 4. Employee of the Month Award - Ms. Barbara Allegra of the Personnel Department was selected as the Employee of the Month for October, 1993. The award will be presented at the appropriate place on the Board agenda. FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee met in the Personnel Conference Room on Wednesday, August 25, 1993 at 8:00 a.m. Present were: Committee Chairman Robert M. Sager, Committee members W. Harrington Smith, Jr., John Good, Jr. and Kitty Nicholas. Also present were Cheryl B. Shiffler, Jennifer L. Place, Sheriff Robert T. Williamson and Lt. J. Alvin Johnson. Committee member Raymond C. Sandy was absent. The agenda items are as follows: 1. The Assistant Commonwealth Attorney reauests a General Fund Supplemental appropriation in the amount of $1.490.00. his amount represents a carry-forward from FY 92-93 and is needed for the purchase of a printer. The purchase order for the printer was sent during FY 92-93 after the cut-off date. See attached memo. The committee recommends approval.' 2. The Director of Economic Development reauests a General Fund supplemental appro~riation in the amount of $19.252.00. This is the remainder of all EDC funds from FY 92-93. See attached memo. The committee recommends approval. 3. The Sheriff reauests a General Fund supplemental ppropriation in the amount of $3.490.59. This amount represents a carry-forward of donations and assets received from drug seizures and is required to be kept in the Drug Program and Forfeited Property line items. See attached memo. The committee recommends approval. 4. The Sheriff reauests a General Fund supplemental appropriation in the amount of $31.000.00 for the installation of a 911 dispatch console. This purchase will be made with 911 tariff funds received in FY 93-94. The Sheriff also requests a General Fund supplemental appropriation in the amount of $18.000.00 for the purchase of portable radios. See attached memo. The committee recommends approval. 5. The Sheriff reauests a General Fund supplemental appropriation in the amount of $2.597.89. This money is needed to fund 92-93 promotions where additional money was appropriated in 92-93 but no additional money was budgeted in 93-94. See attached memo. The committee recommends approval. 6. The Sheriff reauests a General Fund supplemental appropriation in the amount of $500.00. This amount is needed for a Virginia Retirement System Study to be done to determine the cost of providing LEOS (Law Enforcement Officers system) coverage for law enforcement personnel. 423 The Board of Supervisors approved the study June 9, 1993. See attached memo. The committee recommends approval. 7. The Sheriff reauests a General Fund sUDDlemental aDDroDriation in the amount of $3.612.35. This amount represents a reimbursement of a D.A.R.E. officer salary and the reimbursement needs to be appropriated. See attached memo. The committee recommends approval. 8. The Sheriff reauests a General Fund SuDDlemental aooroDriation in the amount of $61.691.00. This represents a grant received to upgrade the existing records management program that is shared with the City. The Sheriff's Deoartment is also reauestina a General Fund aporoDriation transfer in the amount of $10.000.00 for the County's local share of the grant. This amount is also being matched by the city. No additional local funds are necessary. See attached memo. The committee recommends approval. 9. The General Manaaer of Shavneeland SanitarY District reauests a Shavneeland sUDDlemental a~Drooriation in the amount of $23.000.00. Timely bids on the intended projects could not be taken due to the delay of the land transfer deeds. See attached memo. The committee recommends approval. 10. The Director of Public Works reauests a Landfill sUDolemental aODroDriation in the amount of $243.000.00. This amount represents a carry-forward for the following items: Professional Services $ 15,000 (QA/QC services required for new landfill expansion) Buildings (To partially cover building which will 180,000 the costs of a new maintenance be constructed in FY 93-94) Lease/Rent Equipment 48,000 (Required to cover costs related to the rental of equipment to supplement existing landfill equipment) The committee recommends approval. 11. The Director of Public Works reauests a General Fund suoolemental aDDroDriation in the amount of $10.000.00. The amount is requested to be a carry-forward. The request is needed for $5,000 to be for the purchase of a new vehicle for Inspections and $5,000 to cover maintenance costs expected for high mileage vehicles. See attached memo. The committee does not recommend approval. 12. The Director of Public Works reauests a General Fund suoolemental aDDroDriation in the amount of $42.275.61. This amount is requested to be a carry-forward. The request is needed to help offset the anticipated cost of installing private road signs. See attached memo. The committee recommends approval. 13. The Director of Public Works reauests a General Fund suoolemental aooroDriation in the amount of $43.664.70. This amount is requested to be a carry-forward. The request is needed to cover costs associated with the ongoing construction of the Stormwater detention facilities located adjacent to Bass-Hoover Elementary School. See attached memo. The committee recommends approval. 14. The Director of Public Works reauests a General Fund sUDDlemental aDDroDriation in the amount of $43.000.00. This amount is requested to be a carry-forward. The 42J request is needed for $18,000 to help with the con- struction/development of two (2) new compactor s~tes in FY 93-94 and $25,000 to be carried forward to cover overt~me costs associated with part-time. compactor worker~. Overtime costs are due to an attempt to d~scourage illegal dumping. See attached memo. The committee recommends approval. 15. The Director of Public Works reauests a General Fund sUDDlemental aDDroDriation in the amount of $4.000.00. This amount is requested to be a carry-forward. The request is needed to cover expenses for extra help when full-time staff take vacations and sick leave. A current employee has a tumor and sick leave is expected. See attached memo. The committee recommends approval. 16. The Finance Director reauests a General Fund sUDDlemental aDDroDriation in the amount of $172.618.82. a Landfill sUDDlemental aDDroDriation in the amount of $505.089.12. and an Airnort sUDDlemental appro{)riation in the amount of $13.713.00. These amounts represent outstanding purchase orders on June 30, 1993. See attached list. The committee recommends approval. 17. The School Finance Director reauests a School Fund sUDDlemental aDDroDriation in the amount of $3.367.159.52. Of this amount. $508.674.83 is for school oDeratinalcafeteria and the remainina $2.858.484.69 is for school construction. These amounts represent outstanding purchase orders on June 30, 1993. See attached list. The committee recommends approval. 18. The Director of Information Services reauests a General Fund sUDDlemental aDDroDriation in the amount of $8.000.00. This amount represents a carry-forward and is needed to cover the cost of replacing batteries in the computer backup power system. See attached memo. The committee recommends approval. 19. The Director of Planning reauests a General Fund sUDDlemental aDDroDriation in the amount of $522.384.56. This amount represents a carry-forward from FY 92-93 and is needed for Road Improvements - Macedonia and Route 37 and left-over monies for the Historic Plaque Program. See attached memo. The committee recommends approval. 20. The Reaional Jail reauests a General Fund sUDDlemental aDDroDriation in the amount of $66.667.00. This amount represents grant funds and the local match will be supplied from the Inmate Canteen Fund. See attached memo. The committee recommends approval. 21. The Director of Parks and Recreation reauests a General Fund sUDDlemental aDDroDriation in the amount of $6.500.00 for the lease of a 24-passenger handicap accessible vehicle. This amount represents a carry-forward from FY 92-93. See attached memo. The committee recommends approval. 22 . The Chairman of the Parks and Recreation commission reauests a General Fund sUDDlemental aDDroDriation in the amount of $47.000.00. This amount represents a carry-forward and is needed to provide the staff with a 7.5% salary adjustment retroactive to July 1, 1993. See attached memo. The committee does not recommend approval. 23. The Clerk of the Circuit Court reauests a General Fund sUDDlemental aDproDriation in the amount of $47.664.00. This amount represents a grant received and the monies need to be appropriated. No additional local funds are needed. See attached memos. The committee recommends approval. 24. The Clerk of the Circuit Court reauests a General Fund sUDDlemental aDDroDriation in the amount of $18.500.00. The I \ 425 Clerk has received grants from the state Library to convert Deed Books to microfilm. When this process is completed, a new reader/printer will need to be purchased to handle the volume of users. It is estimated that this will cost $18,500. See attached memo. The committee recommends approval. BOARD OF SUPERVISORS COMMENTS None of the board members had comments at this time. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the board retired into executive session in accordance with the Code of Virainia. 1950, as amended, Section 2.1-344, Subsection A (1), (3) and (7) to discuss Personnel, Acquisition and Disposition of Real Estate and Legal Matters. The above motion was approved by the fOllowing recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Beverly J. SherWOOd, seconded by Charles W. Orndoff, Sr., the board withdrew from executive session by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., 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 passed by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye JOHN R. RILEY. JR.. COUNTY ADMINISTRATOR. EVALUATION APPROVED Upon motion made by James L. Longerbeam, seconded by W. 426 Harrington Smith, Jr., John R. Riley, Jr., county Administrator evaluation was approved. Richard G. Dick - Aye W. Harrington smith, ,Jr. - Aye James L. Longerbeam -Aye Beverly J. Sherwood - Aye Robert M. Sager - Ay.e Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY JAMES L. LONGERBEAM, SECONDED BY W. HARRINGTON SMITH, JR., THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS ~:J:HG;JS HEREBY ADJOURNED. ~ ;.' '" \ \ 1sors