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December 08, 1993 Regular Meeting 504 A Regular Meeting of the Frederick County Board of supervi- sors was held on December 8, 1993, 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; Beverly J. Sherwood and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by board member Robert Sager in absence of the minister. ADOPTION OF AGENDA Mr. Riley requested the addition of two items: 1. Approval of resolution to purchase Bowyer property. 2. Public Works Committee Report - Meeting of December 7, 1993. 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 Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested that the following tabs be approved under the consent agenda: 1. Office Hours for 1993 Holiday Season Tab B; 2. Schedule Public Hearing for Planning Commission Items - Tab D; 3. Government Finance Officers Association Distinguished Budget Presentation Award - Tab E; 4. Street Sign Installation Contract - Tab F; 5. Approval of General Obligation Refunding Bond, Series 1994A - Tab G; 6. Amendment of Resolution Re - Tax Exemption Status Requests - Tab H; 7. Proposal from the Handley Library Re: Reprinting of book on the county of Frederick, Virginia - Tab I; ~~n I. 505 8. Draft of 1994 Comprehensive Plan - Tab R; 9. Road Resolution - Fort Collier Industrial Park - Tab S; 10. Activity Report - November 1-30, 1993 - Tab T; 11. Parks and Recreation Commission Report - Tab U; 12. Code and Ordinance Committee Report - Tab V; 13. Personnel Committee Report - Tab W; 14. Finance Committee Report - Tab X; 15. Resolution to Purchase Bowyer Property - Tab Y; 16. Public Works Committee Report - Tab Z 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 Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD AWARD FOR DECEMBER PRESENTED TO BELLE GROVE Mr. Dick asked Mr. Peter Cooke, President of Belle Grove and Mrs. Kay Whitworth, Past President to come forward at this time. Mr. Dick presented to them the board award for the month of December for Belle Grove. CITIZEN COMMENT No one addressed the board at this time. GARY CHRISMAN. MAYOR OF CITY OF WINCHESTER ADDRESSED THE BOARD Mr. Chrisman appeared before the board and read the follow- ing letter: Dear Board Members: Thank you for asking the City to submit a proposal for a voluntary boundary adjustment. In my letter of september 15th I wrote you that "Council remains more than committed to working out a permanent resolu- tion to the issues of annexation and the economic and governmen- tal relationships between the County and the City." This is still Council's commitment, hope and intention. After reviewing our progress on joint projects, Council reiterates its belief that consolidation, over time, will be the best resolution of the issues we face for the benefit of the entire community. A boundary adjustment of mostly vacant land would fail to address the overall issue of the efficient delivery of govern- mental services to the 70,000 residents of our community and the economic future for all. This type of adjustment does not 50,6.. adcress nor resolve the financial inequities our two governments face as we move into a new century dealing with a world of dramatic changes in demographics. We would be back at the table on a continuing basis wrestling with financial issues. Consoli- dation, on the other hand, would be a lasting solution. These issues - consolidation, joint services, revenue sh~ring, annexation, and related concerns are complex. We have attempted to address these issues for 18 months, regrettably with little progress. Council unanimously supports mediation. As I wrote earlier, "Mediation assistance by the Commission on Local Government for technical and other advice will be an essential ingredient of a workable long-term solution to the situation." There is a great deal of support among community leaders anc citizens for a permanent resolution of all Intergovernmental is~ues. The Chamber of Commerce and others would like to see th{'se differences settled to allow us to move forward as one co:rnmunity. Mediation by an impartial professional will make the pre,cess much more likely to succeed. We recognize that media- tic'n, without a commitment by both parties to a positive solu- tic,n would be pointless. Council remains totally committed to a solution that will help ensure that the northern Shenandoah Va:, ley remains the Top of Virginia. We believe and hope that thf Board is similarly committed. If the Board does not share this commitment and vision, it WQl,ld be in our mutual best interest to forego further negotia- tic,ns on these issues and continue working on the numerous joint prpjects we now provide together while pursuing the consolida- tic.n of other services. Sircerely yours, GalY W. Chrisman Mayor Mr. Dick expressed his thanks to Mr. Chrisman and to those council members in attendance and stated that the county will be re~,ponding very shortly. MINUTES APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the minutes of the regular meeting of October l3, 1993, were approved as submitted by the following re{ corded 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 Charles W. Orndoff, Sr., seconded by Beverly J. Sherwood, the minutes of the regular meeting of October 27, 1993, were approved as submitted by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye 507 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 Charles W. Orndoff, Sr., the minutes of the special meeting of November 4, 1993, were approved as submitted 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 HOLIDAY OFFICE HOURS AMENDED FROM EARLIER BOARD MEETING - APPROVED UNDER CONSKNT AGENDA All county offices will follow the holiday schedule being observed by the State as follows: All offices will be closed on Thursday, December 23, 1993. Friday, December 24, 1993, Thursday, December 30, 1993, and Friday, December 31, 1993. MARY K. ARMSTRONG APPOINTED TO THE HISTORIC RESOURCES BOARD Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., Mary K. Armstrong was appointed to the Historic Resources Board, as the representative from Back Creek District, said term to commence on December 8, 1993, and expire on July 12, 1994. This appointment 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 PEGGY IIABlf APPOINTED TO HANDLEY LIBRARY BOARD Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., Peggy Hahn was appointed to the Handley Library Board, said term to commence on December 8, 1993, and expire on November 30, 1997. This appointment 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 ELEANOR CASEY REAPPOINTED TO THE FREDERICK COUNTY IIfDUSTRI- AL DEVELOPMKNT AUTHORITY 508 Upon motion made by W. Harrington Smith, Jr., seconded by Jares L. Longerbeam, Eleanor Casey was reappointed to the county Incustrial Development Authority, said term to commence on December 8, 1993, and expire on November 10, 1997. This reappointment 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 DON LENTZ REAPPOINTED TO THE FREDERICK COUNTY IIfDUSTRIAI. DEVELOPMKNT AUTHORITY Upon motion made by Charles W. Orndoff, Sr., seconded by Beverly J. Sherwood, Don Lentz was reappointed to the county Inc'ustrial Development Authority, said term to commence on December 8, 1993, and expire on November 10, 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 JEAN SNIDER REAPPOINTED TO CHAPTER 10 BOARD Upon motion made by James L. Longerbeam, seconded by W. HaJrington Smith, Jr., Jean Snider was reappointed to the Ch<'pter 10 Board, said term to commence on January 1, 1994, and eXJ,ire on December 31, 1996. The above motion was approved by the following recorded vo1e: 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 PLABlHNG COMMISSION ITEMS SCHEDULED FOR PUBLIC BEARING AT JANUARY 12. 1993. BOARD MEETING - APPROVED UNDER CONSKNT AGENDA GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED BUDGET PRESENTATION AWARD PRESKNTED TO COUNTY FINANCE DEPARTMENT - RECEIVED UNDER CONSENT AGENDA STREET SIGN INSTALLATION CONTRACT - APPROVED UNDER CONSKNT AGENDA 509 A General Fund Supplemental Appropriation in the amount of $175,000 was approved as the anticipated reimbursement from the Virginia Department of Transportation for the installation of road signs. GENERAL OBLIGATION REFUNDING BOND SERIES 1994A APPROVED UNDER CONSENT AGENDA AMENDMENT OF TAX EXEMPTION RESOLUTIONS FOR LEARY EDUCATION- AL FOUNDATION. INC.. AND NORTHWESTERN WORKSHOP. INC. APPROVED UNDER CONSENT AGENDA BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does hereby amend their resolution of October 13, 1993, regarding the request by Leary Educational Foundation, Inc. for exemption from taxation, to include the following paragraph: WHEREAS, the property at 1463 New Hope Road, Winchester, Virginia, has an assessed value of $1,642,100.00 and was taxed in 1992 for $9,031.55 in county real estate taxes. BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does hereby amend their resolution of November 10, 1993, regarding the request by Northwestern Work- shop, Inc. for exemption from taxation, to include the following paragraph: WHEREAS, the property at 828 Smithfield Avenue, Winchester, Virginia has an assessed value of $768,400.00 and was taxed in 1992 for $4,226.20 in county real estate taxes. REQUEST BY THE LEARY EDUCATIONAL FOUNDATION, INC. FOR EXEMPTION FROM: TAXATION PURSUANT TO ARTICLE X, SECTION 6 <A) 6 OF THE CONSTITUTION OF VIRGINIA WHEREAS, Leary Educational Foundation, Inc., a non-profit organization, has requested the Board of Supervisors of the county of Frederick, Virginia, to support its request for the General Assembly to grant a tax exemption pursuant to Article X, S6 (a) (6) of the Constitution of Virginia for certain real property owned by said organization in the County of Frederick, and WHEREAS, on October 13, 1993, a public hearing was held by the Board of Supervisors after being properly advertised; and WHEREAS, the property at 1463 New Hope Road, Winchester, Virginia, has an assessed value of $1,642,100.00 and was taxed in 1992 for $9,031.55 in county real estate taxes. WHEREAS, the Board of Supervisors examined and considered the provisions of Section 30-19.04 (B) of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervi- sors of the County of Frederick, Virginia, hereby supports legislation, pursuant to Article X, S6 (a) (6) of the Constitu- tion of Virginia, to provide: 1. That they be classified and designated as a charitable and benevolent organization; and 2. That property owned by the Leary Educational Foundation, Inc. and used by it exclusively for charitable and benevolent purposes on a non-profit basis be determined to be exempt from taxation, state and local, including inheritance taxes. ADOPTED this 8th day of December, 1993. 510 I, John R. Riley, Jr., Clerk of the Board of Supervisors fOl the County of Frederick, Virginia, hereby certify on this day of , 1993, that the above resolution is a true and exact copy of one and the same adopted by the Board of Supervisors of the County of Frederick, Virginia, assembled in regular session on December 8, 1993. REQUEST BY THE NORTHWESTERN WORKSHOP, mc. FOR EXEMPTION FROM: TAXATION PURSUANT TO ARTICLE X, SECTION 6 (A) 6 OF THE CONSTITUTION OF VIRGINIA WHEREAS, Northwestern Workshop, Inc., a non-profit organ- ization, has requested the Board of supervisors of the county of Fnderick, Virginia, to support its request for the General As,embly to grant a tax exemption pursuant to Article X, S6 (a) (6) of the Constitution of Virginia for certain real property owned by said organization in the County of Frederick, and WHEREAS, on November 10, 1993, a public hearing was held by thE Board of Supervisors after being properly advertised; and WHEREAS, the property at 828 Smithfield Avenue, Winchester, Vilginia has an assessed value of $768,400.00 and was taxed in 19G2 for $4,226.20 in county real estate taxes. WHEREAS, the Board of Supervisors examined and considered thE provisions of Section 30-19.04 (B) of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervi- SOlS of the County of Frederick, Virginia, hereby supports le<dslation, pursuant to Article X, S6 (a) (6) of the Constitu- tion of Virginia, to provide: 1. That they be classified and designated as a charitable and benevolent organization; and 2. That property owned by Northwestern Workshop, Inc. and used by it exclusively for charitable and benevolent purposes on a non-profit basis be determined to be exempt from taxation, state and local, including inheritance taxes. ADOPTED this 8th day of December, 1993. I, John R. Riley, Jr., Clerk of the Board of Supervisors fo] the County of Frederick, Virginia, hereby certify on this _____ day of , 1993, that the above resolution is a i.rue and exact copy of one and the same adopted by the Board of supervisors of the County of Frederick, Virginia, assembled in regular session on December 8, 1993. PROPOSAL FROM: THE HANDLEY LIBRARY ON REPRINTING OF BOOKS ON THE COUNTY OF FREDERICK. VIRGINIA - APPROVED UNDER CONSENT AGENDA Publ.ic Hearing: ProDosal. To Increase the Landfil.l.'s Commercial. Rate fro. $32.00 Per Ton to $36.00 Per Ton - ADDroved Mr. Riley presented this information to the Board. There was no public input. Upon motion made by W. Harrington smith, Jr., seconded by Ch2rles W. Orndoff, Sr., the following resolution was approved: 511 BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby increase the Landfill Commercial rate from $32.00 per ton to $36.00 per ton. 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 AN ORDINANCE TO AMEND THE FREDERICK COUHTY CODE. CHAPTER 155. TAXATION: ARTICLE I. GENERAL PROVISIONS: TO AMEND SECTION 155-2 (Bl. ESTABLISHING THE TIE OF COLLECTION FOR REAL ESTATE TAXES AHD PERSONAL PROPERTY TAXES Mr. Riley presented this information to the Board. There was no public input. Upon motion made by Robert M. Sager, seconded by w. Harrington Smith, Jr., the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION; ARTICLE I, GENERAL PROVISIONS; TO AMEND SECTION 155-2 (B), ESTABLISHING THE TIKE OF COLLECTION FOR REAL ESTATE TAXES AHD PERSONAL PROPERTY TAXES BE IT ORDAINED, that Chapter 155, Article I, Section 155-2 (B) of the Frederick County Code, is hereby amended to read as follows: S155-2. Establ.ishing the Time of eol.l.ection for Real. Estate Taxes and Personal. Property Taxes. B. Pursuant to the authority granted by Title 58.1, Section 3916, of the Code of Virginia 1950, as amended, all Frederick County taxes on personal property due January 1, 1992, and for each year thereafter shall be due and payable during the year for which the same are assessed in two (2) approximately equal installments as follows: one-half (1/2) on or before June 5 and the remainder on or before December 5 of said year. All vehicles purchased from January 2 to March 31 would be billed for payment on June 5 and December 5. Vehicles purchased from April 1 to september 30 would be billed for payment on December 5. That if any such motor vehicle or trailer is acquired or a situs for the same in the county is acquired at such time as not to enable a prorated personal property tax to be timely billed, such tax shall be due and payable thirty (30) days after the date of such prorated personal property tax bill. 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 512 AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. ~l\PTER 155. TAXATION: ARTICLE I. GENERAL PROVISIONS: SECTION 155-10. ELIGIBILITY FOR SPECIAL ASSESSMENTS: APPLICATIONS: REVALIDATIONS: BY THE ADDITION OF PARAGRAPH E. LATE FILING OF LAND USE APPLICATIONS - APPROVED Mr. Riley presented this information to the Board. There was no public input. Mr. Dick asked if $25 would cover the administrative fee. Mr. Riley replied yes. Upon motion made by Charles W. Orndoff, Sr., seconded by RoJ 'ert M. Sager, the following ordinance amendment was approved. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPl'ER 155, TAXATION; ARTICLE II, SPECIAL ASSESSMENTS FOR AGRICUL- TURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE; SECTION 155-10, ELIGIBILITY FOR SPECIAL ASSESSMENTS; APPLICATIONS; REVALIDATIONS; BY THE ADDITION OF PARAGRAPH E, LATE FILING OF LAND USE APPLICATIONS BE IT ORDAINED, that Chapter 155, Article II, of the Fn'derick county Code, is hereby amended by the addition of Paragraph E, to Section 155-10 to read as follows: S155-10. Eliqibility for Special Assessments; Applications; Revalidations. E. Late Filing of Land Use Applications. A late filing feE' of twenty-five ($25.00) dollars will be assessed for late fiJing for each parcel application. The applicant will have tho: rty (30) days from the date of passage of this ordinance and th..,.rty (30) days from the due date, November 1, of each year heleafter. The above ordinance amendment was approved by the following re< :orded 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 AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPl'ER 155 TAXATION: ARTICLE XIV. GENERAL BUSINESS LICENSE PROVI- soNs - APPROVED Mr. Riley presented this information to the board. Mr. Kenneth Stiles, Stonewall District, appeared before the b02rd stating that this is being requested due to the way the CUlrent Commissioner of the Revenue is running her office. He further stated that a limit needs to be established, which he st?ted some time ago. There was no further public comment. 513 Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the following ordinance amendments were ap- proved: AN ORDINANCE TO AIIEND THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION; ARTICLE XIV, GENERAL BUSINESS LICENSE PROVISIONS; TO DELETE AND REPEAL SECTION 155-81, ADDITIONAL LICENSE TAXES; PENALTY FOR NONPAYMENT; OVERPAYMENT AND READOPr A HEW SECTION 155-81, PENALTY AND INTEREST FOR FAILURE TO PAY LICENSE TAX WIlEN DUE; TO DELETE AND REPEAL SECTION 155-83, ATTEIIPl'S TO EVADE LICENSE TAXES AND READOPr A HEW SECTION 155-83, CONTRACTORS AND CONTRACTING; PERSONS CONSTRUCTING ON THEIR OWN ACCOUNT FOR SALE; TO DELETE AND REPEAL SECTION 155-90, COLLECTIONS OF LICENSE TAXES, GENERALLY AND READOPr A NEW SECTION 155-90, EXEIIPl'ION BE IT ORDAINED, that Chapter 155, Article XIV, Sections 155-81, 155-83 and 155-90 is hereby deleted and repealed and readopted to read as follows: S155-81. Penalty and Interest for Failure to Pay License Tax When Due. There shall be a penalty of ten (10) percent added to all license taxes imposed under the provisions of this chapter that are unpaid on the due dates as provided in Section 155-73 of the code. In addition to such penalty, interest at the rate of ten (10) percent per annum shall accrue and be added to all due and unpaid taxes and penalties beginning with the first day follow- ing the imposition of the penalty; provided, however, that for the second and subsequent years of delinquency, such interest shall be at the rate established pursuant to section 6621 of the U.S. Internal Revenue Code of 1986, 26 U.S.C. S 6621, as amend- ed, but not less than ten (10) percent. Taxes and penalties herein provided shall be assessed and collected in the manner provided by law for the enforcement of the collection of other taxes. S155-83. Contractors and contracting; Persons Constructing on Their Own Account for Sale. A. Every person engaged in the business of contracting and persons constructing on their own account for sale shall pay for the privilege an annual license tax of sixteen cents ($0.16) per one hundred dollars ($100.00) of gross receipts from the business during the preceding calendar year or thirty dollars ($30.00), whichever is higher. B. "Contractor" means any person, firm or corporation: (1) Accepting or offering to accept orders or con- tracts for doing any work on or in any building or structure requiring the use of paint, stone, brick, mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead, or other metal or any other building material; (2) Accepting or offering to accept contracts to do any paving, curbing, or other work on sidewalks, streets, alleys, or highways, on public or private property, using asphalt, brick, stone, cement, concrete, wood, on any composition; (3) Accepting or offering to accept an order for or contract to excavate earth, rock, or other material for foundation or any other purpose or 514 for cutting, trimming or maintaining rights-of- way; (4) Accepting or offering to accept an order or contract to construct any sewer of stone, brick, terra cotta, or other material; (5) Accepting or offering to accept orders or con- tracts for doing any work on or in any building or premises involving the erecting, installing, altering, repairing, servicing, or maintaining electric wiring, devices, or appliances perma- nently connected to such wiring; or the erecting, repairing or maintaining of lines for the trans- mission or distribution of electric light and power; or (6 ) Accepting or offering to accept an order or contract to remodel, repair, wreck, or demolish a building; or (7) Accepting or offering to accept an order or contract to bore or dig a well; or (8) Accepting or offering to accept an order or contract to install, maintain, or repair air-con- ditioning apparatus or equipment; or (9) Engaging in the business of plumbing and steam fitting. S155-90. Exemption. All businesses with a gross income of less than four thousand dollars ($4,000.00) per year are exempt from business license taxation under Articles XV and XVI of Chapter 155 of the Code of Virginia. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION; ARTICLE XV, CLASSIFIED BUSINESS AND OCCUPA- TIONAL LICENSE PROVISIONS; TO DELETE AND REPEAL SECTION 155-93 (B), CONTRACTORS AND PERSONS CONSTRUCTING FOR THEIR OWN ACCOUNT FOR SALE AND READOPT A NEW SECTION 155-93 (B) BE IT ORDAINED, that Chapter 155, Article XV, Section 15'-93 (B) is hereby deleted and repealed and readopted to read as follows: S155-93. Contractors and Persons Constructing for Their Own Account for Sale. B. For the purpose of license taxation, the term "con- tractor" means any person, firm, or corporation: (1) Accepting or offering to accept orders or con- tracts for doing any work on or in any building or structure, requiring the use of paint, stone, brick mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead or other metal or any other building material; (2) Accepting or offering to accept contracts to do any paying, curbing or other work on sidewalks, streets, alleys, or highways, or pUblic or private property, using asphalt, brick, stone, cement, concrete, wood or any composition; (3) Accepting or Offering to accept an order for or contract to excavate earth, rock, or other material for foundation or any other purpose or 515 for cutting, trimming, or maintaining rights- of-way; (4) Accepting or offering to accept an order or contract to construct any sewer of stone, brick, terra cotta or other material; (5) Accepting or offering to accept orders or con- tracts for doing any work on or in any building or premises involving the erecting, installing, altering, repairing, servicing, or maintaining electric wiring, devices or appliances permanent- ly connected to such wiring, or the erecting, repairing or maintaining of lines for the trans- mission or distribution of electric light and power; or (6) Engaging in the business of plumbing and steam fitting." AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPl'ER 155, TAXATION; ARTICLE XVI, SPECIAL LICENSE PROVISIONS; TO AMEND SECTION 155-106, TRANSIENT PHOTOGRAPHERS; AND TO AMEND SECTION 155-108, SAVINGS AND LOAN ASSOCIATIONS BE IT ORDAINED, that Chapter 155, Article XVI, sections 155-106 and 155-108, is hereby amended to read as follows: S155-106. Transient PhotOgraphers. The specific license tax for persons engaged in the taking of pictures and photographs and/or developing of copies or enlarging the same or soliciting such business, by mail or otherwise, who have no licensed place of business for the developing of copies or enlarging the same in the County of Frederick shall be thirty dollars ($30.00) per year, not prorat- ed. S155-108. Savings and Loan Associations. Every savings and loan association shall pay, for the privilege of doing business in the county, an annual license fee tax of fifty dollars ($50.00), only if the main office of the association is located herein. 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 PLANNING COMMISSION BUSINESS: Public Hearing: CONDITIONAL USE PERMIT #010-93 OF STACY AND DEBBIE CONARD FOR A COTTAGE OCCUPATION FOR A CABINET AND WOODWORKING SHOP. THIS PROPERTY IS LOCATED IN OPEOUON DISTRICT - APPROVED Mr. Wayne Miller, zoning administrator,. presented this information to the board. He stated that staff and planning commission recommended approval with conditions. There was no public comment. 516 Upon motion made by Robert M. Sager, seconded by W. Halrington smith, Jr., the conditional use permit request of ste' cy and Debbie Conard 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 REZONING APPLICATION #3002-93 OF UNDlIN CORPORATION. TO REZONE 186.358 ACRES FROM RA (RURAL AREAS) TO EM (EXTRAC- TIVE MANUFACTURING). FOR SILlCAH SAND SURFACE MINING. THIS PROPERTY IS LOCATED IN BACK CREEK DISTRICT - APPROVED Mr. Kris Tierney, assistant planning director, presented th s request to the board stating that the staff and planning cOT"mission recommended approval. There was no public input. Mr. Doug Swift, local attorney, appeared before the board on behalf of unimin Corporation. Upon motion made by James L. Longerbeam, seconded by W. Halrington Smith, Jr., the rezoning application of Unimin COlporation was approved as presented by the following recorded vO'e: 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 ANNUAL REVIEW OF THE SIX YEAR SECONDARY ROAD IMPROVEMENT PLAN - APPROVED AS AMENDED Upon motion made by Robert M. Sager, seconded by W. Hal.rington Smith, Jr., the six year secondary road improvement pli'n was approved as amended 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 A complete copy of this is on file in the office of Plan- ning and Development. SUBDIVISION REOUEST - LAKE HOLIDAY ESTATES - SECTION 1B - APPROVED WITH CONDITIONS Mr. Watkins presented this request to the board noting that there is no Master Plan for the Summit. " \ 511 The board discussed with Mr. Watkins the definition of open space and exactly where the open space is located and the difference between open space and recreational areas at the Summit. The question of delinquent taxes still being owed on this property was also discussed by the board. Mr. Randy Hamilton, attorney representing Mr. Bayliss, appeared before the board at which time he introduced Mr. Jim Elister, president of the Friends of the summit, who wanted to speak to the board concerning this request. He stated that he felt this request should be approved by the board. Mr. Hamilton addressed the area of the delinquent taxes explaining that the acreage was incorrect as taxes were only owed on 13.9 acres. Mr. Dick questioned the length of time these taxes had been delinquent and felt this should have been resolved some time ago with the Commissioner of the Revenue and the Treasurer's Office. Mr. Longerbeam discussed with Mr. Watkins the reasoning behind the staff feeling this request should be denied. He disagreed with Mr. Watkins and so noted that he felt the plan- ning department was not handling this as it should be handled, as he felt it was overkill on their part, and the fact that some $7000 had been paid to the Treasurer, he felt this should be applied to the delinquent taxes and that the planning department needs to work with the applicant in order to get this situation resolved. Mrs. Sherwood moved to approve using ODtion #2. Mr. Longerbeam seconded. Mr. Smith asked if this could be amended to include the payment of the delinquent taxes. Mr. Riley explained that legally this could not be done. Mr. Orndoff stated that he felt delinquent taxes needed to be paid, otherwise he did not feel this should be approved. Mrs. Sherwood amended her motion to read that this request be approved using option #2 which is: 518. The 35\ open space requireJaent could only be applied to that area that was unplatted at the tiae of the R-5 rezon- ing. A case could be ~de that, since 764 acres were platted prior to November 1973, when R-5 requir~ts caae into effect, the open space requir~t should only be iJaposed on the remaininq 1172 acres that had not yet been platted. That would translate to about 410 acres of open space. Aqain, if the lake, qolf course, beaches, etc. are counted towards the requireJaent, they would provide ~e than enouqh open space for the remainder of the develo~t. One siqnificant blplication of this approach is that all of the reJaaining unplatted portions, and perhaps even s~ of the existing qreen areas that are not officially dedicated, could be fully develoPed without providing any IlOre open space within the new parts. Aqain, assurances about the qolf course, lake, etc. remain- inq as such would be needed and a determination would need to be :made about whether the existinq open space located within the environmental areas would all be counted toward the required total and with the continqency that the tax problems related to this parcel be clarified and rectified before this qoes any further. Mr. Orndoff stated that he felt all delinquent taxes should be paid. The above amended motion was approved by the following retorded 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. - Nay DISCUSSION OF DRAFl' OF 1994 COMPREHENSIVE PLAN - APPROVED UNDER CONSENT AGENDA FORT COLLIER INDUSTRIAL PARK ROAD RESOLUTION - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions FOlm SR5 (A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Fr! 'derick county, and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board the streets meet the reuuirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Vilginia Department of Transportation to add the streets de- scribed on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virgin- ia and the Department's Subdivision Street Reauirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary eaf,ements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virgin- ia Department of Transportation. \ 1\ 519 ACTIVITY REPORT - NOVEMBER 1-30. 1993. APPROVED UNDER CONSENT AGENDA PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on November 23 , 1993. Members present were: Robert Rober, Robert Hartman Charles Sandy, Carmen Rio, Cheryl Swartz, Timothy Hockman'and Beverly Sherwood. Submitted for Board Action: 1. Impact Fee Funds - Mrs. Swartz moved to accept the Depart- ment's recommendation for utilization of funds remaining in the impact fee accounts as follows: seconded by Mr. Sandy, carried unanimously. 1. Opequon Dtstrict Balance - $29,395 - to be used for protective netting on soccer fields, gate and entrance sign for north side of Route 277, signs for Sherando Park, rail fencing for new softball complex, landscaping of north side of Route 277 and the soccer complex. 2. Stonewall District Balance - $947 - to be used for park signage. 3. Gainesboro District Balance - $493 - to be used for improvements to Gainesboro playground. 4. Shawnee District Balance - $5,571 - to be used for improvements to Frederick Heights Community Park and resurfacing tennis courts at Senseny Road School. No funds will be spent at Frederick Heights Community Park until it has been properly deeded to Frederick County. CODE AND ORDINANCE COMMITTEE REPORT The Code and Ordinance Committee met on Monday, November 15, 1993, 3:00 P.M. in the Personnel Office Conference Room. Present were Committee members Charles W. Orndoff, Sr., Stephen Butler, George W. Johnston, III and Patricia F. Scheder. Also present were Executive Secretary Carol T. Bayliss; Common- wealth's Attorney Lawrence R. Ambrogi; Commissioner of the Revenue Natalie Cather Miller and Treasurer C. William Orndoff, Jr. Absent were Chairman of the committee W. Harrington Smith, Jr. and County Administrator John R. Riley, Jr. The committee submits the following: Discussion of Proposed County Code Amendments to Chapter 155. Taxation The committee discussed the following proposed code amend- ments: (a) Late Filina of Land Use Applications - Mrs. Cather informed the committee that she currently has approximately ten (10) land use applications that were filed after the November 1 deadline and the current county code does not address this as far as any type of penalty or time limit as to how long after November 1 an application will be accepted by her office for the current year. Following discussion it was the consensus of the committee that there would be a penalty of twenty-five dollars ($25.00) assessed for each parcel for which late application was being made, and the applicant would have thirty (30) days from November 1 to make application for this year. (b) Personal Propertv Billina and Exemptions - The commit- tee discussed flexibility on sending out the proration bills and after a lengthy discussion recommended the following schedule for approval: 520 All vehicles purchased from January 2 to March 31 would be bi'led for payment on June 5 and December 5. Vehicles purchased fn'm April 1 to September 30 would be billed for payment on December 5. That if any such motor vehicle or trailer is aCCluired or a situs for the same in the county is acquired at su(:h time as not to enable a prorated personal property tax to be timely billed, such tax shall be due and payable thirty (30) days after the date of such prorated personal property tax bill. Mrs. Miller discussed with the committee the possibility of oblaining drop tapes from DMV as they provide a list of vehicles th~t have actually been sold. The committee did not recommend th~ purchase of these tapes at this time as they felt it is the re,ponsibility of the taxpayer to make sure the appropriate fOlms are filled out and returned to the commissioner of the Re\.enue 's Off ice. c. Clarification if this section of the code book is correct. is correct. of section 155-26.1 - Mrs. Miller asked code as it is currently printed in the The committee unanimously agreed that it d. Taxation of Antique Vehicles - Mrs. Miller explained thBt antique vehicles are not addressed in the county code. She as}ed if the committee felt this needed to be changed. Follow- ino discussion Mr. Ambrogi referred to a legal opinion he had received this date that was similar to this and had been chal- lenged in court. He explained that he had not had time to study thjS information, therefore he would suggest that this matter be tabled until the next committee meeting. The committee con- curred. e. Tax Tickets Totalinq Less than $5.00 to be Omitted from th! Tax Books - The committee discussed the handling of tax tickets totaling less than $5.00. Mr. Butler referred to section 58.1-3001 of the state code wherein it states "If any ta>payer owns tangible personal property of such small value thi',t the local levies thereon for the year result in a tax of ler,S than five dollars, such tax may be collected as provided by oniinance or such property may be omitted from the personal pre'perty book and no assessment made thereon," and he recommends that the Office of the Commissioner of the Revenue follow the sb,te code as noted above. The committee recommends approval. PERSONNEL COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Personnel Committee met on Wednesday, December 1, 1993, with the following members present: James L. Longerbeam, Beverly J. Sherwood, Leonard D. Newcome, Robert S. Gordanier, John R. RiJey, and Ann Kelican. Colleen Bly was absent. 1. Virqinia Cooperative Extension Service - Memorandum of Unnerstandinq Dr. Gary DeOms appeared before the Committee and requested approval of the attached Memorandum of Understanding bel.ween the Virginia Cooperative Extension Service and Frederick COl,nty regarding the structure, administration and financial operation of the local extension office. The Committee recom- mel,ds approval of same. 2. Request from Clarke-Frederick-Winchester Reqional Jail for position Reclassification: The Committee reviewed the att.ached request for reclassification of a Secretary I position to an Accounts Clerk III position due to restructure at the CRW Reqional Jail and recommends approval of same. 3. Request from Sheriff for Salary Ad;ustments: The Committee reviewed the attached request from Sheriff Williamson fo;r salary adjustments for two positions in his department and recommends approval of same. 4. Request from Sheriff to Fill Vacant position: The Sheriff appeared before the Committee and requested approval to II 521 fill a vacant deputy sheriff position in his department. The Committee recommends approval.of this request. FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee met in the Pers~nnel Conference Room on Wednesday, November 24, 1993 at 8:00 a.m. Present were: Committee Chairman Robert M. Sager; Committee members W. Harrington Smith, Jr., John Gpod, Jr., Kitty NiCholas, and Henry Beuttner. Also present were John R. Riley, Jr., Cheryl B. Shiffler, Jennifer L. Place, C. William Orndoff, Jr., Board of Supervisors Chairman Richard G. DiCk, Sheriff Robert T. Williamson, and Major J. Alvin Johnson. The agenda items are as follows: 1. The Personnel Director reauests a General Fund supple- mental appropriation in the amount of $344.16. This amount is needed to pay firefighters for a Hazardous Material incident. No local funds are necessary. See attached memo. The committee recommends approval. 2. The Count v Administrator reauests a General Fund supplemental appropriation in the amount of $3.500.00. This amount is needed to update the existing County code books. amount is to be appropriated from a revenue code into line 10-011010-3002-000-000, Professional Services - other. No funds are necessary. The committee recommends approval. The item local 3. The Reaional Jail reauests a General Fund supplemental appropriation in the amount of $1.000.00. This amount repre- sents money received from the sale of a vehicle. This amount is to be placed in line item 11-033010-7001-000-000 Machinery and Equipment. No local funds are necessary. See attached memo. The committee recommends approval. 4. The Sheriff reauests a General Fund supplemental appropriation in the amount of $3.110.00. This amount repre- sents an insurance reimbursement for a Sheriff's vehicle that was destroyed by fire. This amount is requested to be placed in line item 10-031020-3004-000-002, Repair and Maintenance - Vehicle. No local funds are necessary. See attached memo. The committee recommends approval. 5. The Sheriff reauests a General Fund supplemental appropriation in the amount of $4.561.38. This amount repre- sents the department's share in recent drug seizures and is requested to be placed in line item 10-031020-5413-000-007 Forfeited Property - Surplus. No local funds are necessary. See attached memo. The committee recommends approval. 6. The Frederick County School Board reauests direction in completion of the renovation of Frederick County Middle School. This would require a bond issue in the Spring of 1994 in the amount of $1,100,000. The debt service for this bond is approximately $158,000 for FY 94-95 and was included in the debt service figures presented at the joint Board of Supervisors and School Board meeting. The committee recommends approval. 7. The County Administrator reauests direction in the establishment of a line item or budaet reaardina funds to be used to studv vear-round schoolina. The committee recommends that a year-round schooling committee be formed. This new committee will establish the amount of funds that will be needed, however, this amount is not to exceed $10,000. If additional funds are needed as this study progresses, a request must come before the Finance Committee. 8. The Sheriff requests a General Fund supplemental appropriation in the amount of $61.787 (This amount represents fundina for one half year). This amount is needed to fund for 522 three officers to establish a full time D.U.!. patrol for Fre,derick County. The committee recommends approval. The following items were discussed and are submitted to the bo~rd for information only. 1. Attached is the information requested from the Direc- tOl of Division of Court Services regarding the possibility of a mu"ti-year maintenance contract with simplex. 2. John Poux, with Tri-county OIC appeared before the conmittee with a one-time capital funding request of $5,000. ThiS request has been added to the FY 94-95 budget process. RESOLUTION APPROVING PURCHASE OF BOWYER PROPERTY - APPROVED ORDER CONSENT AGENDA RESOLUTION TO PURCHASE BOWYER PROPERTY WHEREAS, there presently exists an open pit on the property of the Frederick County Sanitary District of Shawnee land at the Route 613 entrance to Shawneeland which may constitute a hazard; anc, WHEREAS, that certain lot or parcel of real estate now owned by Henry H. Bowyer and Lucy D. Bowyer, his wife, described as Lot Number 2, Section 6, of the plat and plan of Shawnee land (P"N# 49A01 1 6 2) of record in the Office of the Clerk of the cilcuit Court of Frederick County, Virginia, in Deed Book 336, at Page 129, and being the same property acquired by the afore- sa.d Bowyers by deed of record in Deed Book 365, at Page 114, in thf' aforesaid Clerk's Office, is adjacent to said open pit and is needed to facilitate the correction of said hazard; and, WHEREAS, the aforesaid Bowyers are agreeable to a sale of the aforesaid property to said Sanitary District for the total pU1chase price of Two Thousand Dollars ($2,000.00); and, WHEREAS, the Board of Supervisors for the County of Freder- ic}., Virginia, as the governing body of the aforesaid Sanitary District, at its regular meeting on December 8, 1993, considered the purchase of the aforesaid property for such Sanitary Dis- tr ct purpose. NOW, THEREFORE, BE IT RESOLVED, upon motion duly made by and seconded by , anc upon the votes as below stated, that the Frederick County sanitary District of Shawneeland shall undertake to purchase the aforesaid lot or parce], of real estate for the sum of Two Thr>usand Dollars ($2,000.00), the Treasurer is authorized and directed to disburse such purchase price and any other reason- abJy necessary sums of money as required to accomplish the conyeyance of title by deed of record to such Sanitary District from the funds of such sanitary District, including such reason- abje cost of title insurance, and Charles S. Frye is hereby authorized to execute and accept a deed, therefore, on behalf of such Sanitary District after receipt of title insurance, or a binder therefor, and approval of the county Attorney of the form of such deed. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, December 7, 19~' 3, at 7: 30 a. m. Present were board members Char les W. Orndoff, Sr. and W. Harrington Smith, Jr.; committee members James T. Wilson, Dudley Rinker and Karen Kober; and Director of PURllc Works, Harvey E. strawsnyder, Jr., P.E. The following items were discussed and do not require action by the board: 523 1. Waiver of Permit Fees for Hon-Profit Oraanizations Frederick County has received several inquiries regarding the waiver of permit fees for non-profit organiza- tions. The Board of Supervisors in a meeting held on September 13, 1989, approved a proposal to waive all building construction and development fees for county fire companies and rescue squads. After discussing this issue, Harrington Smith made a motion to leave the current policy as is. The motion was seconded by Dudley Rinker and unanimously approved. 2 . Budoets The proposed Fiscal Year 1994/1995 Public Works budget was presented by the PUblic Works Director. This budget is outlined in the attached memorandum dated December 2, 1993. This memorandum highlights the increases and provides justifica- tion for these increases. Basically, the major increases are associated with solid waste, specifically, refuse collection, citizen refuse and the landfill. After reviewing these budgets, Harrington Smith made a motion to endorse the proposed budgets for submittal to the Finance Committee. The motion was seconded by Charles Orndoff and unanimously approved by the committee. In addition to the budgets, the committee reviewed two new positions that have been included in the budgets as a supplemental personnel request. These positions include an environmental technician in the landfill budget and an animal caretaker in the animal shelter budget. The need for the environmental technician is being dictated by the personnel requirements outlined in our new landfill permit. An excerpt from this permit is attached and shows an environmental technician as well as a load inspector. It is believed that the environmental technician can perform the duties of the load inspector as well as duties related to gas monitoring, weekly site inspections and the vast amounts of record keeping. Dudley Rinker recommended that we consider establishing this position immediately rather than wait until the new budget is approved. This approach was unanimously approved by the committee. Joe Wilder, our engineering techni- cian, is currently doing double duty as an environmental techni- cian to maintain compliance with the current solid waste regula- tions. 3. Xiscellaneous Reports various reports were submitted to the committee for their information. (See attachments 3, 4 and 5). BOARD OF SUPERVISORS COMKEHTS Mr. Dick commented on the Walt Disney Flier that had been passed out prior to the meeting. He asked each board member to review this and that additional information would be forthcoming in the future. There was no executive session. At this time each board member wished Mrs. Sherwood well in her future endeavors and expressed their thanks to her for serving as a fellow board member for the past two years. 524 UPON MOTION JlADE BY CHARLES W. ORHDOFF, SR., SECOHDED BY ROBERT M. SAGER, THERE BEING NO l"UKJ:J:USK BUSIHESS '1'0 COllE BEFORE TIlTS BOARD, THIS IlEETING IS HEREBY ADJOURHED. -",.,,~~-a;:.~._= ~ ~- t \ 1\ (