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HomeMy WebLinkAboutJuly 10, 1985 Regular Meeting12 A Regular Meeting of the Frederick County Board of Supervisors was held on July 10, 1985, at 7:30 P.M., in the Board of Supervisor's Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice- Chairman; Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William Orndoff, Jr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend William Anthony Layman of the Braddock Street United Methodist Church. ADOPTION OF AGENDA Mr. Riley requested time under "County Officials". for two items and time under "Law Enforcement and Courts" to discuss a request from Sheriff Bruce to withdraw from the County Personnel system and go with the State Compensation Board. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the Agenda was adopted as amended. RESOLUTION IN HONOR OF R. D. FUNKHOUSER - APPROVED Mr. Riley read the following resolution- WHEREAS, R. D. Funkhouser is a recent graduate of James Wood High School where he was a student in the Building Trades Program at the Dowell J. Howard Vocational School; and, WHEREAS, he is a District X Club Advisor of the Voca- tional Industrial Clubs of America; and, WHEREAS, he won the local carpentry competition and went on to win the State in a five hour workout with only hand tools allowed; and, WHEREAS, he will be competing in the National VICA carpentry competition in the United States Skill Olympics in Phoenix, Arizona on July 27, 1985; and, WHEREAS, these achievements have been the result of many hours of hard work and perseverance; and, WHEREAS, this honor has brought honor to him, his parents, his School and his community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors wishes to express their congratulations to R. D. Funkhouser for his outstanding achievements. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mr. Funkhouser. RESOLVED this 10th day of July, 1985. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox 13Q /s/ Will L. Owings Will L. Owings, Vice - Chairman /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Mr. Funkhouser was present to accept his resolution. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the above resolution was approved. DONNA C. DICK GA TO THE SOCIAL SERVIC BOARD Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, Donna C. Dick was appointed to the Board of Social Services as a representative from Gainesboro District, said term to commence on July 1, 1985 and terminate on June 30, 1989. MARY JANE APPOINTED TO T HE BOARD OF ASSI Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, Mary Jane Light was appointed to the Board of Assessors as a representative from Stonewall District. BRUMBACK APPOIN TO THE BOARD OF AS! Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, James 1. Brumback was appointed to the Board of Assessors as a representative from Back Creek District. ARNOLD RYAN AND DO - NALD HODGSON REAPPOIN OF BUILDING APPEALS - APPROVED "ED TO THE BOARD Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, Arnold Ryan was reappointed to the Board of Building Appeals, said term to commence on August 12, 1985 and terminate on August 12, 1990. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, Robert Hodgson was reappointed to the Board of Building Appeals, said term to commence on August 12, 1985 and terminate on August 12, 1990. COUNTY ADMINISTRATOR REQUESTED PERMISSION FROM BOARD T^ AnTAI \I W0ITTCk1 A0J U1TCrT110A1 CCD\ /1rce CnD unr11c1- Mr. Riley stated that inasmuch as the Board will not be meeting again until the end of August he would like to request permission to obtain 131 written proposals for Architectural services for modifications to the Court- room located in the County Courthouse. He stated that this was being requested in order that the Board might determine if they want to use this room as a future Board Meeting room. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above request was approved. COUNTY ADMINISTRATOR TO ADVERTISE FOR PART -TIME 110rGMIMAOIA61 wr Ak111Aw1 curt rro Mr. Riley requested permission of the Board to advertise for a part- time local Veterinarian at the Animal Shelter for various duties involved with the caring of animals such as shots, etc. Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throckmorton and passed unanimously, that Mr. Riley advertise for Veterinar- ian assistance at the Animal Shelter and this would include shots, et., and be handled on a contract basis. PUBLIC HEARING ADDITION OF ARTICLE XVI TO CHAPTER 9 OF THE FREDERIi COUNTY CODE TO READ AS FOLLOWS: TRANSIENT OCCUPAN TAX NOT TO EXCEED TWO PERCENT (2 %) ON HOTELS MOTET BOARDING 14OUSES AND TRAVEL CAMPGROUNDS - APPROVE❑ ADDITION OF_SECTION 16 -1 TO ARTICLE XVI TO CHAPTER 9 OF THE FREDERICK COUNTY CODE - APPROVED Mr. Riley read this addition to the County Code stating that this had not been available to the County in the past but had become available through action of the General Assembly this past session. Mr. Stiles asked how much revenue would be generated by this tax. Mr. Riley replied approximately $76,000 annually. There was no one present to address this addition to the Code. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the following addition of Article XVI to Chapter 9 of the Frederick County Code and the addition of Section 16 -1 to Article XVI to Chapter 9 of the Frederick County Code was approved: TRANSIENT OCCUPANCY TAX NOT TO EXCEED TWO PERCENT (2°s) ON HOTELS, MOTELS, BOARDING HOUSES AND TRAVEL CAMPGROUNDS 16 -1 EFFECTIVE DATE Effective upon adoption and pursuant to Section 58.1 -3819 of the Code of Virginia of 1950, as amended, a transient occupancy tax is established. The tax not to exceed two percent (2 %) will apply to the amount charged for the occupancy of any room or space occupied in Hotels, Motels, Board Houses and Travel Campgrounds. The tax imposed hereunder shall not apply to rooms or spaces rented in continuous occupancy by the same individual or group for thirty (30) or more days in Hotels, Motels, Boarding Houses and Travel Campgrounds. 132 PLANNING COMMISSION BUSINESS PUBLIC HEARING ING APPLICATION #003 -85 - HARRY W. AIKENS - STONEW Mr. Horne presented this request stating that the Planning Commission unanimously recommended approval. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the rezoning application number 003 -85 of Harry W. Aikens, P. O. Box 2468, Winchester, Virginia to rezone 17, 184.27 square feet from RP (Residential Performance) to B -2 (Business General) located on Route 11 North between Stine Lane and Lee Avenue was approved. This property is identified on Tax Map Number 54 as Parcel Number 20 in the Stonewall Magisterial District 08 -85 - CHARLES E. JR. - GAINESBORO Mr. Horne presented this request stating that the Planning Commission unanimously recommended approval with conditions. Mr. Riley read the following letter with reference to this request: July 2, 1985. Frederick County Planning Commission and The Frederick County Board of Supervisors Gentlemen: I am opposed to a Conditional Use Permit being issued to Charles Cochran, Jr. for his Small Engine Repair and Outdoor Power Equipment Sales on Route 654, where I have adjoining property. I do not wish to see this lovely area become zoned other than residen- tial. I understand that Mr. Cochran has purchased an additional 7 acres. Conceivably his business could grow. I hope that you will deny this permit. Yours truly, /s/ Anna C. Plumly P. S. July 9, 1985. 1 understand that the Planning Commission has recommended that he receive the permit he is applying for. Why is Mr. Cochran allowed to have so many signs? Would you want to live next door? It is my wish that you deny this permit for the above reasons. /s/ Anna C. Plumly Anna C. Plumly P. O. Box 2280 Winchester, VA 22601 662 -4275 Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff, Jr. and passed unanimously, to make the above letter from Mrs. Plumly a part of the record. Mr. Horne noted that his Office will be discussing the signs referred to in Mrs. Plumly's letter with Mr. Cochran, if the Board approves this conditional use permit. Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, conditional use permit number 008 -85 of Charles E. Cochran, Jr., Route 2, Box 115, Winchester, Virginia for a Cottage Occupa- tion/Small Engine Repair and Outdoor Power Equipment Sates on Route 654 was approved. This property is identified on Tax Map Number 52 as Parcel Number 2 in the Gainesboro Magisterial District. SEPTEMBER 11. 1985 SCHEDULED FOR JOINT MEETING WITH THE The Board selected September 11, 1985 as the date for a joint meeting with the Planning Commission to discuss Rural Ordinance amendments. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on July 3, 1985, at 11:00 A.M., in the Conference Room. All members were present. Also present were John Riley, John Horne, Eddie Wright and Bob Harriman. The following items were discussed: I. Items Requiring Action A. The Committee recommended to the Board that the County not exercise its option to build an Administration Building on the parking lot adjacent to the Judicial Center for at least 15 years. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above recommendation was approved. 11. Items Not Requiring Action A. The Committee discussed the pros and cons of purchasing a new 826C or a used 826C to replace the old 816C at the Landfill. It was decided 133 to advertise for both a new machine and a used machine. The purchase of a new machine would be bid both as a cash deal or a lease- purchase agreement. B. Mr. John Horne presented a memo to the Committee (attached) outlining a proposal for establishing a locator and house numbering system � in the County. The Committee agreed that the concept should be put out to ibid. C. The Fire and Rescue Committee had referred a request to the Public Works Committee to investigate working out a deal under the Mutual- 134 Aid Agreement with Winchester to repair hose. Discussion with Chief Miller of the Winchester Fire Department indicated that hose repair is available, but not under the Mutual -Aid Agreement. The hose can and will be repaired by Winchester in accordance with the attached fee schedule. This fee schedule will be made available to the Fire Companies at the July 15th meet- ing. D. The County Administrator advised the Committee that the Code of Virginia has been amended to allow Counties to assess property owners for the installation of streetlights. Billing will commence in September or October. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Mr. Rhodes, Chairman of the Law Enforcement and Courts Committee, presented the following report: The Law Enforcement and Courts Committee met on Wednesday, July 3, 1985, at 10:00 A.M., in the Board Room. Present were Robert M. Rhodes, Rhoda W. Maddox, Larry P. Coverstone, Charles Mcllwee and John R. Riley, Jr. Also present were Sheriff Roscoe Bruce, John Liggett, Joe Walker, with the Division of Court Services and Doug Leuschen, Citizen. Discussion of Past Funding Requests for the Jail The County Administrator presented the attached support documentation for Jail funding. It was noted that any requests submitted over the last three fiscal years had been granted. The only request that has not been completed is that concerning an adequate alarm system. The Committee recommends that the Sheriff's Department pursue funding of a system that will alert the Dispatcher in case of an emergency at the Jail. (Personnel actions relative to escape have been forwarded to the Board under separate cover.) There was no action taken. Discussion of Funding the Support Items NeceE the Maintenance of Five New Positions in the S The Committee reviewed the attached request from the Sheriff to fund the cost associated with putting five additional positions in service. The Committee recommends transferring $114,128 from Operating Contingencies to Sheriff Operating Budget and to appropriate same. Inasmuch as the Sheriff has elected to go with the Compensation Board, this request is no longer necessary. These five positions are not new, they are the five matron positions at the Clarke County Jail. 35 Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, to request that the Compensation Board reconsid- er the amount allotted to the Frederick County Sheriffs Department for overtime expenses from $1,000 to 2400 hours for the next fiscal year. The Board acted on the following items based upon the Sheriff's request to withdraw from the County system and go with the State Compensation Board: Upon motion made by Robert M. Rhodes, seconded by Will L. Owings and passed unanimously, appropriate forms and documentation will continue to be transmitted through the County Administrator's Office, Personnel Office and Finance Department to meet auditing requirements and to conform to County policy. Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throck- morton and passed unanimously, the $900 supplement to Law Enforcement Officers and $600 supplement to Correctional Officers was withdrawn. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, clothing allowance for Investigators was withdrawn. Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, the retrieval of all computer equipment located in the Sheriff's Department was referred to the Information Services Committee. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, monies for physicals should be requested from Comp Board and will not be paid from County funds. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, Hospital Insurance, Life Insurance, VSRS, Unemployment Compensation, and Workmen's Comp benefits will be retained for Sheriffs Department personnel. All other County policies were withdrawn. Upon motion made by Kenneth Y. Stiles and passed unanimously by the Board, the retention or deletion of Incentive Pay at an annual cost of $11,269 was referred back to the Law Enforcement and Courts Committee. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, retention or deletion of the following County funded positions and 1985 -1986 salary increases were set at 7% per year with 3 1/2% on July 1 and 3 1/2$ on January 1: (See Amendment of Minutes Made 1/29/86 Insert Next Page) BASE PROPOSED SALARY SALARY PERCENTAGE EMPLOYEE 1984 -85 1985 -86 INCREASE VanMeter, Deputy $13,152 $14,533 10.5 136 Hoover, Deputy Grim, Correctional Officer Carper, Correctional Officer Clark, Deputy Liggett, Administrative Asst. Ricci, Investigator 14,181 15,670 10.5 13,588 14,790 Placed on Comp Board Scale 12,970 14,790 Placed on Comp Board Scale 16,449 17,363 5.55 20,316 22,287 9.7 18,582 20,533 10.5 $119,965 x 20% Fringes ($23,993) 143,958 Total Cost to County Mr. Stiles stated that when he was first elected to the Board of Supervisors some eight years ago, the starting salary for a Deputy was around $7,500. He further stated that since that time he felt all Boards, both Republican and Democratic had made every effort to work with the Sheriff and his Department with regard to upgrading and funding of this particular Department. Discussion of Court Services' Policy for Future Operation The Committee reviewed the attached request from the County Administra- tor and recommends that: A. Frederick County absorb $19,190.01 ($15,690.01 Dispute Resolution, $3,500 for Administrative Cost for Account Clerk 11). B. Allocate the $12,381.08 based upon attached usership formula to the other participating jurisdictions. C. Dropping CAP (Community Alternative Program) and FOP (Fine Options Program) due to no funding source. D. Proceed to contact other jurisdictions. The County Administrator will contact Winchester, Warren, Clarke, Page, Shenandoah and request that they participate in the debt of $12,381.08 based upon percentage use of program. If they choose to participate, they will be required to pay the amount indicated as derived from the percentage and to appoint one member to a Court Services Commis- sion. The Commission will meet monthly with the Director of Court Services, acting as Secretary to the Commission. The Commission will make recommendations to the Board of Supervisors for the County of Frederick. The County Administrator will report as soon as possible to the Board of Supervisors of Frederick County of his findings. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the above was approved. E. Recommend a non - refundable fee of $5.00 if claim is under $100.00 and $10.00 if claim is over $100.00 for all claims processed thru Civil Mediation. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the above was approved. Mr. Ambrogi is to research this as he feels there is a possible conflict and will get back to the County Administrator. Items Not Requiring Action: 1. The Committee met with Mr. Doug Leuschen with respect to certain programs being offered by the Parks and Recreation Department. The matter has been referred to Parks and Recreation for final disposition. 2. The County Administrator informed the Committee of response from the DMV on the 1984 deficit (attached). DMV will not fund. FINANCE COMMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: The following recommendations from the Finance Committee require Board Action: Request from Parks and Recreation for Appropriation in t Amount of $422.00 - ADDroved Request for appropriation of Coca Cola donation from Parks and Recrea- tion in the amount of $422.00. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request from Parks and Recreation to Purchase a Mower Request for the purchase of a mower from Parks and Recreation. The Committee does not recommend approval. There was no action taken. MR. STILES AND MR. RILEY VILLE JULY 22 ON SEPTAGE MEETING IN CH It was noted that Mr. Riley and Mr. Stiles will be attending a meeting in Charlottesville on July 22, 1985 with regard to septage and other Health Department matters. AIRMAN STILES REQUESTED RECOMME FROM FINANCE Mr. Stiles requested a recommendation from the Finance Committee on the following questions as to whether or not they should be put to referendum this November in the General Election: 1. Bonds for bidding either one or two swimming pools in Frederick County. 2. Bonds for building a stadium at Ridge Campus. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. 138 Chai man, Boar f upervisors Cie , Board of Superviso