Loading...
HomeMy WebLinkAboutAugust 28, 1985 Regular Meeting139 A Regular Meeting of the Frederick County Board of Supervisors was held on August 28, 1985, at 7:15 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 James E. Guthrie of the Burnt Presbyterian Church. ADOPTION OF AGENDA Mr. Riley stated that Dr. Pedersen, Health Director of the Lord Fairfax Planning District, was present and he would like to address the Board, and there was an item on the Finance Committee Report that would be discussed at the same time that deals with the Health Department. Mr. Throckmorton requested that an Executive Session be held for a personnel matter. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the Agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the minutes of the Regular Meeting of June 11, 1985 were approved as submitted. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the Regular Meeting of June 26, 1985 were approved as submitted. Upon motion made by Will L. ,Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the minutes of the Regular Meeting of July 10, 1985 were approved as submitted. REX WAKEMAN ADDRESSED THE BOARD RE: AVAILABILITY OF ADDITIONAL WATER AND SEWER HOOKUPS IN LAKESIDE ESTA" Mr. Rex Wakeman appeared before the Board on behalf of himself, his parents, Ralph and Mae Wakeman, owners of Wakeland Manor, to request that the current moratorium on hook ups for water and sewer be lifted from Lake- side Estates, otherwise they would not be able to apply for additional hook ups until August, 1986. He further requested that the Agreement signed by 140 his parents and the Sanitation Authority guaranteeing them so many hook ups be honored by the Sanitation Authority and that the current policy of the Sanitation Authority of "First Come, First Served" needed to be changed. Mr. Wakeman further stated that he would like for the Board to take a stand on this matter. Mr. Stiles stated that legally the Board of Supervisors could not tell the Authority what to do. Mr. Throckmorton stated that he felt there was no question that every- one needed to act as soon as possible in order to get the moratorium lifted. Mr. Wellington Jones, Engineer/ Director of the Sanitation Authority, appeared before the Board and stated that he did not know of any other way for this situation to be handled other than the way it had been up to this point, "First Come, First Served ", as this has been the policy of the Sani- tation Authority all along. Mr. Stiles asked Mr. Jones what the status was of having the moratorium lifted. Mr. Jones replied that the Sanitation Authority was moving as fast as possible to have the moratorium lifted in order that they might obtain additional connections. Mr. Throckmorton stated that he felt a more equitable distribution system for those requesting hookups needed to be looked into rather than the one currently being used. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, that a more equitable distribution system for the Lakeside Water System be looked into by the Sanitation Authority as soon as possible. DR. PAUL PEDERSEN, DIRECTOR OF THE LORD F AIRFAX PLANNING Dr. Pedersen appeared before the Board to address remarks of criticism that were directed at the local Health Department at a recent meeting held in Harrisonburg. He further stated that one of the complaints had to do with the attitudes of the sanitarians and he assured the Board that this would be corrected. A poor public opinion of the Health Department was noted as an area of concern and he stated that a program aimed at turning this around was being implemented. 14t The fact that complaints are being made directly to the sanitarians and not to Dr. Pedersen was brought out and Dr. Pedersen in turn requested that the Board members call him when they have a complaint. FINANCE COMMITTEE REPORT #6 Request from the Lord Fairfax Health District for a General Fund Appropriation of $42,000 Attached is a request from the Lord Fairfax Health District for a General Fund appropriation of $42,000 for salaries of a Public Health Nutri- tionist and a Public Health Nurse /Educator. Fringe benefits in the amount of $7,500.00 plus travel in the amount of $6,800.00 is also requested. These expenditures would be fully reimbursed by the State. The Committee recommends approval provided the County Administrator is involved in the final selection process. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, contingent upon written approval from the Governor's Office, that these positions may be filled. PUBLIC HEARING AN ORDINANCE TO AMEND CHAPTER 9, OF THE FREDERICK COUNTY Mr. Riley presented this and stated this was being voted on by the Board inasmuch as the text of this Ordinance had inadvertently been omitted when it was adopted by the Board on July 10, 1985. Mr. Ralph Poe, Owner /Operator of Candy Hill Campground, appearedbefore the Board opposing this tax as he felt it was unfair and that the tax currently being paid was sufficient. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the following Ordinance amendment was approved: ARTICLE XVI TRANSIENT OCCUPANCY TAX NOT TO EXCEED TWO PERCENT (20) ON HOTELS, MOTELS, BOARDING HOUSES AND TRAVEL CAMPGROUNDS 16 -1 DEFINITIONS For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section: 16 -1 -1 THE COMMISSIONER OF THE REVENUE OR COMMISSIONER - Shall mean the Commissioner of the Revenue of the County of Frederick, Virginia, or any of his duly authorized Deputies or Agents or successors. 142 16 -1 -2 MOTEL - Shall mean any public or private Hotel, Inn, Apartment Hotel, Hostelry, Tourist Home or House, Motel, Rooming House, Travel Campground or other lodging place within the County of Frederick offering lodging for any individual or group at any time, and the owner and operator thereof who, for compensa- tion, furnishes lodging to any transients as hereinafter definded. 16 -1 -3 PERSON - Shall mean and include individuals, firms, partner- ships, associations, corporations, persons acting in represen- tative capacity, and combinations of individuals of whatever form and character. 16 -1 -4 ROOM RENTAL - Shall mean the total charge made by any such Motel for lodging and /or space furnished any such transient. If the charge made by such transient includes any charge for services or accommodations in addition to that of lodging, and /or use of space, then such portion of the total charge as represents only room and /or space rental shall be distinctly set out and billed to such transient by such Motel as a separate item. 16 -1 -5 TRANSIENT - Shall mean any person who, for any period of not more than thirty consecutive days, either at his own expense or at the expense of another, obtains lodging or the use of any space in any Motel as hereinabove defined, for which lodging or use of space a charge is made. 16 -2 LEVY AND RATE In addition to all other taxes of every kind now or hereafter imposed by Law, there is hereby imposed and levied on each and every transient a tax equivalent to two percent (2 %) of the total amount paid for room rental by or for any such transient to any Motel. 16 -3 EXCEPTIONS No tax shall be payable hereunder on room rental paid to any Hospital, Medical Clinic, Convalescent Home or any Home for the Aged. 16 -4 COLLECTION Every person receiving any payment for room rental with respect to which a tax is levied under this Article shall collect the amount of tax hereby imposed from the transient on whom the same is levied or from the person paying for such room rental at the time payment for such room rental is made, whether payment is made in cash or on credit by means of a credit card or otherwise. 16 -5 COLLECTIONS IN TRUST FOR COUNTY All amounts collected as taxes under this Article shall be deemed to be held in trust by the seller collecting them, until remitted to the County as provided by this Article. 16 -6 REPORTS AND REMITTANCES Every person receiving payment for a room rental for which a tax is levied under this Article shall make a report for each calendar month showing the amount of charges collected for room rental and the amount of tax required to be collected. 16 -6 -1 The monthly reports shall be made on forms prescribed by the Commissioner and shall be signed by the seller. They shall be delivered to the Commissioner on or before the twentieth (20th) day of the calendar month following the month being reported. Each report shall be accompanied by a remittance of the amount of tax due, made payable to the County Treasurer. The Commissioner shall promptly transmit all taxes received to the County Treasurer. 143 16 -7 COMMISSIONER OF THE REVENUE - OTHER POWERS AND DUTIES It shall be the duty of the Commissioner of the Revenue to ascertain the name of every person operating a Motel in the County liable for the collection of the tax levied in this Article. 16 -7 -1 The Commissioner shall have the power to adopt rules and regulations not inconsistent with the provisions of this Article for the purpose of carrying out and enforcing the payment, collection and remittance of the tax herein levied, and a copy of such rules and regulations shall be on file and available for public examination in the County Administrator's Office. Failure or refusal to comply with any rules and regulations promulgated under this Section shall be deemed a violation of this Article. 16 -8 PENALTY AND INTEREST If any person whose duty it is to do so shall fail or refuse to make the report or remit the tax required by this Article within the time and in the amount required, there shall be added to the tax by the Commissioner a penalty in the amount of ten percent (100) of the tax, or a minimum of two dollars, If such failure is not more than thirty days' duration, and thereafter interest shall be payable on such overdue tax in the amount of ten percent (100) per annum. 16 -9 PROCEDURE WHEN TAX NOT REPORTED OR COLLECTED If any person whose duty it is to do so shall fail or refuse to collect the tax imposed under this Article and make timely report and remittance thereof, or if the Commissioner of the Revenue has reasonable cause to believe that an erroneous statement has been filed, the Commissioner shall proceed in such manner as is practicable to obtain facts and information on which to base an estimate of the tax due the County and in connection therewith shall make such investigations and take such testimony and other evidence as may be necessary; provided, however, that notice and opportunity to be heard be given any person who may become liable for the amount owing prior to any determination by the Commissioner of the Revenue. 16 -9 -1 As soon as the Commissioner has procured whatever facts and information may be obtainable upon which to base the assessment of any tax payable by any person who has failed to collect, report or remit such tax, the Commissioner shall proceed to determine and assess against such person the tax, penalty, and interest provided in this Article, and shall notify the person by certified or registered mail sent to his or her last known address of the amount of such tax, penalty and interest. The total amount thereof shall be payable ten (10) days after the date such notice is sent. 16 -10 PRESERV OF RECORDS It shall be the duty of every person liable for collection and remittance of the taxes imposed by this Article to keep and preserve for a period of two (2) years records showing all room rentals taxable under this Article, the amount charged for each room rented, the date thereof, the taxes collected thereon, and the amount of tax required to be collected by this Article. 16 -10 -1 The Commissioner shall have the power to examine such records at reasonable times and without unreasonable interference with the business of such person, for the purpose of administering and enforcing the provisions of this Article and to make transcripts of all or any parts thereof. 16 -11 DUTY OF PERSON GOING OUT OF BUSINESS 144 Whenever any person required to collect and remit to the County any tax imposed by this Article shall cease to operate or otherwise dispose of his or her business, the tax shall immediately become due and payable and the person shall immediately make a report and remittance thereof. 16 -12 ENFORCEMENT It shall be the duty of the Commissioner to ascertain the name of every person operating a Motel in the County liable for the collection of the tax imposed by this Article who fails, refuses, or neglects to collect such tax or to make the reports and remittances required by this Article. The Commissioner may have issued a summons for such person and the summons may be served upon such person by Sheriff of Frederick County in the manner provided by Law. One return of the original summons shall be made returnable to the General District Court for the County. 16 -12 -1 In the event any person who has rented a room refuses to pay the tax imposed by this Article, the Motel employee on duty may call upon the Sheriffs Department for assistance and the investigating Officer may, when probable cause exists, issue the person who has rented the room a summons returnable to the General District Court as provided by Law. 16 -13 VIOLATIONS Any person violating or failing to comply with any of the provisions of this Article shall be punishable as provided in Section 1 -6 -1 of this Code. Conviction shall not relieve any person from the payment, collection or remittance of the tax as provided in this Article. Each violation or failure shall be a separate offense. PLANNING COMMISSION BUSINESS PUBLIC HEARING ONING APPLICA 5 - HARKINS A SSOCIATES, INC. - Mr. Horne presented this request stating that the Planning Commission recommended approval. Mr. Henry J. Williams, Project Manager of Harkins Associates, Inc., appeared before the Board to answer any questions the Board might have. Upon motion made by Will L. Owings and seconded by Robert M. Rhodes, to approve the rezoning application number 004 -85 of Harkins Associates, Inc., 12301 Old Columbia Pike, Silver Spring, Maryland, to rezone 3.5 acres from B -1 (Business Limited) to B -2 (Business General) located South of the intersection of Routes 277 and 1012 off the Stephens City Exit of Interstate 1 -81 for a 60 room Motel with ancilliary offices. This property is identified on Tax Map Number 85 -A as Parcel Number 148 in the Opequon Magisterial District. The above was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and C. William Orndoff, Jr. Thomas B. Throckmorton abstained. REZONING APPLICATION #005 -85 - JOSEPH W. AND EVELYN M. 145 HOMA - OPEQUON MAGISTERIAL DISTRICT - WITHDRAWN Rezoning application number 005 -85 of Joseph W. and Evelyn M. Homa was withdrawn. CUP #009 -85 - HOUSTON AND VIRGINIA M AGISTERIAL DISTRICT - APPROVED DEWEESE - STONEWI Mr. Horne presented this request and stated that the Planning Commis- sion unanimously recommended denial. Mr. DeWeese appeared before the Board at this time to explain how this material would be delivered to him and exactly how he planned on using it. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, to accept the following two letters as part of the record concerning this request: Route 8 - Box 1068 Winchester, VA 22601 August 26, 1985 The Frederick County Board of Supervisors 9 Court House Square Winchester, Virginia 22601 Dear Sirs /Madame: As neighboring property owners in the Spring Valley Subdivision, we oppose the granting of a conditional use permit for a wood stain packaging operation in that subdivision for the following reasons: 1. This is an industrial chemical mixing operation involving toxic materials. The subdivision and surrounding area are served by wells and septic systems and any accidental spillage of toxic materials could contaminate the ground water supply. We believe all areas in Frederick County blessed with a good water supply should be protected. This toxic and chemical operation is located on a private road serving a residential subdivision and all the necessary bulk chemical materials must be transported across this road. There is a law that no toxic waste materials and containers may be discarded at any of the public waste sites in Frederick County. Frederick County is not without industrial parks and a wood stain mixing and packaging operation involving chemicals belongs in an industrial park. 2. Such a variance would cause economic hardship to neigh- boring property owners. Any prospective homebuyers would be perplexed by the existence of an industrial type operation in the midst of a residential and agricultural area within a short distance of two of Frederick County's finest new schools. For most of us, our home is the largest financial investment we will make in our lifetime and these homes represent the realization of a dream. They are a haven from the sights, smells and sounds of our normal workdays. These economic and emotional investments of Frederick County residents should be protected against haphazard zoning. Respectfully, /s/ Jerry Bassler Jerry Bassler 146 /s/ Mary A. Bassler Mary A. Bassler Distribution: The Frederick County Board of Supervisors Kenneth Stiles, Chairman Rhoda Maddox C. William Orndoff, Jr. Will Owings Robert Rhodes Thomas B. Throckmorton John T. P. Horne, Planning Director Department of Planning and Development Frederick County, Virginia Stephen M. Gyurisin, Deputy Director Department of Planning and Development Frederick County, Virginia August 19, 1985 Mr. Vernon E. Marsteller, Jr. Route 8, Box 1105 Winchester, VA 22601 Mr. Ken Stiles, Chairman Frederick County Board of Supervisors 9 Court Square Winchester, VA 22601 Re: Mr. Houston DeWeese Application for Cottage Use Permit Dear Mr. Stiles: 1 am sorry to be out of town of this meeting but I trust this notorized letter will be of some value. Being the lot owner down from and next to Mr. DeWeese, we have no objections to his application for the following reasons: 1. No employees other than himself. 2. No traffic increase (not even UPS type trucks). 3. No signs or retail services. 4. Nothing visable from the road. 5. More than necessary safety equipment in place. 6. Most of us I'm sure, including members of this Board, have fuels, diesel and /or gasoline, oil base paints, fertilizers, vegetation and weed killers, and other agricultural chemicals around the house that could create a much bigger hazzard than Mr. DeWeese could ever dream of having. 7. A good Christian man providing a needed service to his customers that can not be provided by others. 8. Would suggest a yearly re- examination and renewal of the permit including spot checks if needed. 9. Others in Spring Valley are providing services that increase traffic flow by approximately 25 cars a day. If anyone should be concerned about property values as suggested in the earlier planning meeting, it should be me, as I have a big 2 acre hole and large dam which is a pond that currently does not hold water. We are not an absentee land owner, we live here daily and fully main- tain our properties as can be seen in slides provided for your approval. 147 Sincerely, /s/ Vernon E. Marsteller, Jr. Vernon E. Marsteller, Jr. Mrs. Mary Bassler, owner of adjacent property, appeared before the Board to oppose this request stating she did not feel this type of business should be allowed in a residential area. Upon motion made by C. William Orndoff, Jr. and seconded by Robert M. Rhodes, to approve conditional use permit number 009 -85 of Houston and Virginia P. DeWeese, P. O. Box 2255, Winchester, Virginia for a Cottage Occupation /Small Woodstain Packaging to be located at Lot 19 in the Spring Valley Subdivision with the following conditions: This property is identi- fied on Tax Map 42 as Parcel Number 19 in the Stonewall Magisterial District. 1. This is a one year permit to be reviewed and renewed annually by the staff, Planning Commission and the Board of Supervisors. 2. If the use, occupancy or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. Operation be conducted entirely within the structure that Mr. DeWeese has built. 4. No employees other than Mr. and Mrs. DeWeese. 5. Pick up and deliveries to be done in Mr. DeWeese's personal truck or trucks without [CC license. 6. No retail sales from Mr. DeWeese's property. The above was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and C. William Orndoff, Jr. Nay - Thomas B. Throckmorton. RESOLUTION - GLENMONT VILLAGE - APPROVED Mr. Horne presented this request. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Virginia Department of Highways and Transportation is hereby requested to add the following road to the Secondary System of Frederick County pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended: Edgewood Drive, from the end of State maintenance to the cul -de -sac, a distance of approximately .04 miles; AND FURTHER BE IT RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 40 feet with all necessary easements for cuts, fills and drainage; recorded in Deed Book 583, Page 131, dated October 1, 1984, in the Office of the Clerk of the Circuit Court. REVIEW OF THE COMPREHENSIVE PLAN 140 Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the Board decided to table the discussion of the Comprehensive Plan until the September 11, 1985 Board Meeting. RURAL COMMUNITY CENTER SUBCOMMITTEE RECOMMENDATIONS - APPROVED Mr. Horne presented these recommendations stating that the Comprehen- sive Plan Policies are for the Rural Community Center of Clearbrook, Bruce- town and Stephenson, and further that the Planning Commission had recommend- ed approval. The matter of whether sewer lines were scheduled to be run down Route 11 in the near future was discussed and if this was the case what effect would this have on this particular plan. Mr. Orndoff stated if this plan in any way would prohibit water and sewer from coming to this area in question, then he was not in favor of this section of the Comprehensive Plan. Upon motion made by C. William Orndoff, Jr., that this be tabled until next year when the remainder of the Comprehensive Plan is completed. This motion died for the lack of a second. Mr. Riley stated that the Board could adopt this plan as presented and amend as necessary. Mr. Stiles stated that he felt there were a lot more questions than answers with this plan. Upon motion made by Thomas B. Throckmorton and seconded by Rhoda W. Maddox, to accept the Rural Community Center Subcommittee Recommendations for Rural Community Center of Clearbrook, Brucetown and Stephenson as presented and that this be advertised for public hearing. The above was approved by the following recorded vote: Aye - Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and Thomas B. Throckmorton. Nay - Kenneth Y. Stiles and C. William Orndoff, Jr. JOINT CITY- COUNTY INDUSTRIAL ACCESS REQUEST - APPROVED Mr. Horne presented this request. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Virginia Department of Highways and Transportation is hereby requested to construct minor intersection adjustments, install railroad protection devices, install traffic signals and conduct other minor improvements to the general area of the Route 11 North /Brooke Road /Brick Kiln Road intersection, in order to provide access to VDO Instruments, Inc., located South of Brooke Road, in the Fort Collier Industrial Estates in Frederick County, pursuant to Section 33.1 -221 of the Code of Virginia, 1950, as amended; 149 AND FURTHER BE IT RESOLVED, that the Board and Council does guarantee the Commonwealth of Virginia all necessary easements for cuts, fills and drainage. The Board and Council does also guarantee that any adjustments of utilities will be done with funds other than those authorized under Section 33.1 -221 of the Code of Virginia, 1950, as amended. PUBLIC HEARING ON LAND APPLICATION OF STABILIZED CLASS A SLUDGE FOR PARCEL OF LAND LOCATED IN SHAWNEE MAGISTERIAL DISTRICT - APPROVED A public hearing will be held at the second Board Meeting of September, September 25, 1985, for land application of sludge in Shawnee Magisterial District. AIRPORT COMMISSION STATUS Mr. Riley reported to the Board on the current status of the Airport Commission and that he would like to request that the Board reaffirm their feelings of the County's participation and future support of the Airport Commission. Mr. Phil Groves, City Councilman, appeared before the Board and stated that he felt that the City was committed to long term management concerning the airport and were willing to try and resolve this matter. Mr. Stiles stated that good faith has to be shown by all involved, and further he felt that the County had shown their committment on a long term basis. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, to support the existing financial, structural and organizational composition of the Commission. The Board recessed at this time. FIRE AND RESCUE COMMITTEE REPORT Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented the following report and stated that no action was necessary: The Fire and Rescue Committee met on July 15, 1985, at 7:30 P.M., in the Round Hill Fire Company facility. All Fire Companies were represented except Star Tannery. Bill Orndoff (Stonewall) and Bob Harriman were also present. The following items were discussed: I. Items Requiring Board Action A. The Committee unanimously endorsed /approved the Fire Protection addition to Chapter 10 of the County Code and recommends that it be adopted as part of the County Code. This was referred to the Code and Ordinance Committee. II. Items Not Requiring Board Action 150 A. Approved, with some minor changes, the proposed Fire Administra- tor's job description. Proposal is to be passed to the Public Works Committee. The vote was seven (7) YES; one (1) NO; one (1) ABSTAIN and one (1) company was absent. B. Approved the use of Fire Company facilities for use by the Sheriffs Department Cadets to conduct their fingerprinting clinics. C. Discussed the possibility of obtaining a machine to repair hoses. Item was tabled. D. Agreed that the August meeting to be held at the Summit would not be a business meeting. Next meeting is scheduled for September 16, 7:30 P.M., at the Round Hill (Co. 15) facility. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on August 7, 1985, at 11:00 A.M., in the Conference Room. All members were present. Also present were John Riley and Bob Harriman. The following items were discussed: I. Items Requiring Action A. The Committee endorsed /approved the Fire Protection addition to Chapter 10 of the County Code. The Committee recommends that the Board adopt the new section. This was referred to the Code and Ordinance Committee. II. Items Not Requiring Action A. The Committee discussed the proposed Building Permit Fee Schedule (attached). It was suggested that at the next meeting any contractor /- private citizen could appear and voice his /her concern. Mr. Stiles requested copies of reports from previous years. INFORMATION SERVICES COMMITTEE REPORT Mrs. Maddox, Chairman of the Information Services Committee, presented the following report and stated that no action was necessary: A meeting of the Information Services Committee was held on Wednesday, August 7, 1985, at 10:00 A.M., in the Board Meeting Room. Present were Rhoda W. Maddox, Thomas B. Throckmorton, Stanley G. Kukanich and Donald Johnson. Also present were Helen Locke and John Riley. The Committee submits the following: Discussion of Computerization of Frederick County Sheriffs Department 151 The County Administrator advised the Committee of the Sheriff's decision to withdraw from the County's Personnel Plan and the effect the action has had on the Computer Technician position. The Committee felt that the value of the position, equipment and service that automation would provide far outweigh the initial cost of this service. The Committee recommends that the existing computer technician position in the Sheriffs Department be transferred to the Department of Information Services. This position would be in addition to existing positions in the Information Services Department and would be fully supervised and account- able to the Director of Information Services. It should be noted that if policies and procedures for training and processing of information are not followed as outlined by the Information Services Director, the services will be terminated. These procedures will be presented to the Sheriff for his approval prior to implementation. This Committee recommen- dation is being forwarded to Finance, Personnel and Law Enforcement Committees. Purchase of Microfilm /Microfiche Services The County Administrator advised the Committee that the requirements of the Treasurer to process cancelled checks could not be coordinated with the services provided by the Northwestern Workshop. With this fact present, it is requested and the Committee recommends that the original proposal be implemented. (See Attachment) CODE AND ORDINANCE COMMITTEE REPORT Mr. Throckmorton, Chairman of the Code and Ordinance Committee, presented the following report: A meeting of the Code and Ordinance Committee was held on Monday, August 5, 1985, at 8:30 A.M., in the Board of Supervisor's Meeting Room. Present were Thomas B. Throckmorton, C. William Orndoff, Jr. and Robin H. Eddy. Also present were John Riley; John Horne; Mr. and Mrs. William Ensogna, County citizens and Mr. James Royston, County citizen. Stephen Butler was absent. The Committee submits the following: Discussion of Noise Ordinance The Committee met with Mr. and Mrs. William Ensogna and Mr. James Royston with respect to problems they are experiencing concerning neighbors playing loud music and racing car engines without mufflers during all hours of the day and night. The Committee felt this was indeed a problem, not only for those present before the Committee, but in all residential areas of 15 the County. With these facts in mind, the Committee instructed the County Administrator to obtain an opinion from the Commonwealth's Attorney as to applying the existing Nuisance section of the Frederick County Code to noise complaints. If the existing Code is not applicable, what measures would be necessary in order for the Sheriffs Department to effectively enforce said problems? It is hoped that all responses will be available by the time this report is submitted to the Board. Mr. Throckmorton stated that the County Code does not address this and that Mr. Ambrogi is to do further research on this matter. Discussion of Fire Protection Report The Committee reviewed and discussed the attached Fire Protection Report with the Director of Planning and Development. The Committee recommends that the Report be put in Ordinance form and advertised for public hearing under Chapter 10 of the County Code. (See Attachment) Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Discussion of Transient Occupancy Tax Amendment The County Administrator advised the Code and Ordinance Committee that in his haste to advertise the Transient Occupancy Tax for public hearing on July 10, 1985, he had inadvertently not included the text for administration and enforcement. He further advised the Committee that this Ordinance amendment would be advertised for public hearing on August 28, 1985 and that the tax would not take effect until September 1, 1985. This was done earlier in the meeting. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Mr. Rhodes, Chairman of the Law Enforcement and Courts Committee, presented the following report: A meeting of the Law Enforcement and Courts Committee was held on Thursday, August 15, 1985, at 10:00 A.M., in the Conference Room. Present were Robert Rhodes, Chairman; Rhoda W. Maddox; Larry Coverstone; Charles Mcllwee and John Riley. Also present were Sheriff Roscoe Bruce; John Liggett and Chris Fordney from the Winchester Evening Star. The Committee submits the following: Incentive Pay The Committee recommends that incentive pay remain as established. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the above recommendation was approved. 15311 Status of County Funded Positions The Committee refers this matter to the Personnel Committee. There was no action taken. Status of Computer Technician Position The Committee endorses the Information Services Committee's recommenda- tion and forwards same to the Personnel Committee. There was no action taken. Status of Jail Security The Committee received the attached material (in carry forward request) for implementation of a security and alarm system at the Jail. The Committee recommends approval of the system and further commends the Sheriff on his action to implement a system and the disciplinary action taken to correct the situation. There was no action taken. Carry Forward Requests from the Sheriff's Department The Committee reviewed the attached carry forward requests and recommends the following General Fund appropriations be approved: New Position - Operating and Capital $20,339 Man Down System 5,807 Card Access System 4,890 T.V. Cameras E Monitor 3,580 Typewriter and Dictaphone 1,142 Repair and Service on Magnasync Recorder 2,350 Window Air Conditioner - Judicial Center 199 $38,307 Request for a General Fund appropriation of $16,724.00 for a State funded road deputy position. This amount is for personal services and fringe benefits (FICA and VSRS). No local funds are required. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the above was approved. Request for funding for overtime is being appealed to the Compensation Board. The County will fund as necessary and bill the Compensation Board accordingly. There was no action taken. Request for General Fund appropriation in the amount of $350.00 for physical examinations. The County again will advance the money for the exams and bill the Compensation Board. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the above was approved. Commonwealth's Attorney's Opinion on Collection of Delinquent Taxes Thru Civil Mediation 154 The Committee recommends that an Attorney General's opinion be obtained based upon the Commonwealth's Attorney's opinion that it would be a conflict of interest. There was no action taken. Court Services' Deficit Please be advised that all Counties contacted have taken official action to participate in the 1984 -85 deficit for Court Services. The City of Winchester's Finance Committee is also recommending approval to City Council. I would like to take this opportunity to thank all jurisdictions and to request that they appoint an individual by October 1, 1985 to the Court Services Committee. There was no action taken. PERSONNEL COMMITTEE REPORT Mr. Throckmorton, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on August 20, 1985 with all members present and submits the following report and recommendations to the Board of Super- visors for consideration: 1. The Committee reviewed a request from the Commissioner of the Revenue for a position reclassification for the Chief Deputy in his office and recommends that the salary for this position remain the same. There was no action taken. 2. The Committee reviewed a proposed restructure of the Division of Court Services in order to place them in the County Personnel Management System on an equitable level with other County employees and recommends approval as attached. The total cost of the restructure is $13,611. Should the Board approve this restructure, funds would be appropriated from Fund Balance to the appropriate line items. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above was approved. 3. The Committee discussed the Incentive Pay Program for the Sheriff's Department and recommends that it be retained as it currently stands. This was acted upon earlier in the meeting. 4. The Committee reviewed the recommendations from the Law Enforcement and Courts and the Information Services Committee regarding computerization of the Sheriffs Department. All Committees felt that the value of the 155 position, equipment and service that automation would provide, far outweigh the initial cost of this service. The Committee therefore recommends that the existing automated data technician position in the Sheriffs Department be transferred to the Department of Information Services as a Data Entry Operator II at a salary of $12,954. This position would be in addition to existing positions in the Information Services Department and would be fully supervised and account- able to the Director of Information Services in accordance with the policies and procedures of the Information Services Department and the County Personnel Management System. It should be noted that if policies and procedures for training and processing of information are not followed as outlined by the Information Services Director, the services and /or position will be terminated. These procedures will be presented to the Sheriff for his approval prior to implementation. Should the Board approve this proposal a transfer in the amount of $14,755 (Salary - $12,954, Fringes - $1,801) should be made from General Fund Operating Contingencies to line item 1001 -48. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above was approved. Standards Act and recommends approval of same. Funds would be appropriated from Operating Contingencies. i Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above was approved. ii 6. The Committee reviewed an audit of leave balances as of June 30, 1985, in the Sheriffs Department which reflected the following informa- tion : Annual Sick Holiday Comp Court $46,542.17 $141,848.36 $4,610.92 $5,192.75 $2,967.92 Through discussion with the Comp Board and Assistant Commonwealth's Attorney Glenn Williamson it was learned that the Comp Board policy on annual and sick leave is virtually the same as the County's policy with the exception that after 20 years of service they can accumulate up to 42 days annual leave. The County maximum is 36 days. Therefore, the current leave balance records for annual and sick leave are correct and are now the liability of the Comp Board. 5. The Committee reviewed the attached proposal from Robinson, Farmer and Cox to provide technical assistance to comply with the Fair Labor Standards Act and recommends approval of same. Funds would be appropriated from Operating Contingencies. i Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above was approved. ii 6. The Committee reviewed an audit of leave balances as of June 30, 1985, in the Sheriffs Department which reflected the following informa- tion : Annual Sick Holiday Comp Court $46,542.17 $141,848.36 $4,610.92 $5,192.75 $2,967.92 Through discussion with the Comp Board and Assistant Commonwealth's Attorney Glenn Williamson it was learned that the Comp Board policy on annual and sick leave is virtually the same as the County's policy with the exception that after 20 years of service they can accumulate up to 42 days annual leave. The County maximum is 36 days. Therefore, the current leave balance records for annual and sick leave are correct and are now the liability of the Comp Board. 156 The County's liability for Holiday, Comp and Court Time totals $12,771.59. The Committee recommends that this liability be paid in order to clear County records and remove this liability from the County books. Should the Board approve this recommendation, funds would be appropri- ated from Operating Contingencies to the appropriate salary line item. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above was approved. Mr. Throckmorton withdrew his earlier request for an Executive Session stating that it was no longer necessary. FINANCE COMMITTE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Tuesday, August 13, 1985 at 5:30 P.M., in the Conference Room with all members present. The following items require Board action: from the Commissioner of the Revenue for a =und Appropriation Transfer of $756.00 The Commissioner of the Revenue is requesting a General Fund appropria- tion transfer from Capital Contingency of $756.00 for the purchase of a typewriter. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the above was approved. Request from Extensions for a General Fund Appropriation Transfer of $150.00 Extensions is requesting a General Fund appropriation transfer from Operating Contingency in the amount of $150.00 for the purchase of miscel- laneous office supplies relating to the gypsy moth program. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above was approved. Request from Social Services for a General Fund Appropriation in the Amount of $18,802.11 The Department of Social Services is requesting a General Fund appro- priation in the amount of $18,802.11 for the Family Focus Grant funds remaining at 6- 30 -85. This requires no local money. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above was approved. 157 Request from the Sheriff's Department for a General Fund Appropriation in the Am ount of $251.94 The Sheriff's Department is requesting a General Fund appropriation in the amount of $251.94 for a vehicle repair (an insurance reimbursement). The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the above was approved. Outstanding Purchase Orders at June 30, 1985 The following outstanding purchase orders at June 30, 1985 are requested for appropriation FY85 -86: School Operating Fund $155,824.10 School Cafeteria Fund 6,380.45 School Construction Fund 1,130.53 General Fund 56,013.94 Landfill 329.00 Regional Jail 268.94 Central Stores 508.04 The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above was approved. Request from the Lord Fairfax Health District for a General Fund Appropriation in the _Amou of $42,000 Attached is a request from the Lord Fairfax Health District for a General Fund appropriation of $42,000 for salaries of a Public Health Nutritionist and a Public Health Nurse /Educator. Fringe benefits in the amount of $7,500.00 plus travel in the amount of $6,800.00 is also requested. These expenditures would be fully reimbursed by the State. The Committee recommends approval provided the County Administrator is involved in the final selection process. This was acted upon earlier in the meeting. 7 from the School Board for a School Cons iation in the Amount of $2, The School Board is requesting a School Construction appropriation in the amount of $2,100 for payment to an engineer. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the above was approved. Request from the School Board for Operating Fund's Remaining Appropriations FY 84 -85 to be Carried Forwar to FY 85 -86 , The School Board is requesting the School Operating Fund's remaining appropriations FY 84 -85 to be carried forward to FY 85-86. The Committee �I 158 recommends all the funds be returned to the General Fund and that the School Board go out to bid on the outside physical education facilities only. The Committee also recommends that the County hold a special election on a general obligation bond issue for the construction of two swimming pools and the athletic stadium at the James Wood High School Ridge Campus. The section dealing with the construction of the two swimming pools will be addressed first. Mr. Richard Brown, Chairman of the Parks and Recreation Commission, appeared before the Board stating that the Commission did not feel this matter should be put to referendum. Mrs. Martha Ritchie, resident of Fredericktowne, appeared before the Board and inquired as to what happened to the decision that the Board had made in November, which was that if the funds were available for one pool that pool would be built in Clearbrook and funds for the second pool will be raised by the citizens. Mr. Stiles stated that the County is probably pretty close to having funds for one pool but that funds for the second pool are more than a few years down the road. Mr. Owings stated that in November the citizens stated that a Committee would be formed and meetings held to start raising funds for this project and to his knowledge, no such meetings had been held. Mr. Don Welsh, Commission member, appeared before the Board and stated that he felt the Commission needed to know exactly what the Board plans to do before the Committee can make any plans. Mr. Clint Hill, County resident, appeared before the Board and stated that he felt there should be no division of citizens in the North from the citizens in the South, that all County citizens should work on this project together. Mr. Bob Fetter, Commission member, appeared before the Board and asked exactly what funds were being raised for. The recommendation of the Finance Committee was defeated by the follow- ing vote: Aye - Will L. Owings and Robert M. Rhodes. Nay - Kenneth Y. Stiles, Rhoda W. Maddox, Thomas B. Throckmorton and C. William Orndoff, Jr. Mr. Stiles requested that the Finance Committee make a recommendation to the Board by the second meeting in September on the funding for a single pool and that the Parks and Recreation Commission and staff get together as soon as possible on ideas for fund raising. 159 All carry forward funds from the School Board be returned to the General Fund and that the School Board go out to bid on outside physical education facilities only. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, to approve the following summary of Phase One to go to bid: SUMMARY OF PHASE ONE OUTDOOR PHYSICAL EDUCATION AND PRACTICE FACILITIES JAMES WOOD HIGH SCHOOL RIDGE CAMPUS 1. Excavation and placing fill 2. Storm sewer 3. Importing and placing top soil 4. Hydroseeding area 5. Erosion control 6. Irrigation 7. Water line and electrical conduit for irrigation 8. Sidewalk Total estimated cost, including a five percent contingency -- $536,00 This Board action is only to go to bid, no authorization of funds. School Board will have to come back to the Board for appropriation of funds. Mr. Lewis Costello, School Board member and Chairman of the School Finance Committee, appeared before the Board to answer various questions concerning School Board procedure with regard to carry forwards, transfers ,and payment of bills. Mr. Stiles stated that he felt the monies should be in the line item before they are spent, for example, if you are budgeting $165,000 for contractual services and spend $243,000, $54,000 building materials and j spend $130,000, without prior approval of transfers or the obligation of the j fund, you are doing it after the fact and you are basically wasting your time in the budget preparation and our time in the budget discussion. Mr. Costello stated that this had been discussed by the School Board in the last few months in Executive Session and the School Board had given instruction that all of this be done in advance. Mr. Stiles stated that his main concern was that he felt the School Board needed to establish a system of control over the transfers prior to the fact of the money being spent. Request from the County Administrator for Authorization to Lease Microfilm Equipment for Use in the Treasurer's Office The County Administrator is requesting the authorization to lease microfilm equipment for use in the Treasurer's Office. An approximate 160. General Fund appropriation transfer from capital contingency of $10,000 will be needed. The Committee recommends approval. The above request was tabled. ast for a General Fund Appropriation Transfer in the nt of $2,700 for Audit of the Division of Court A General Fund appropriation transfer from Operating Contingency is requested in the amount of $2,700 to have Robinson, Farmer and Cox Associates conduct an audit of the Division of Court Services, FY 84 -85. During FY 84 -85 the Division of Court Services' By -Laws required an audit to be conducted. The Committee recommends approval provided the Commonwealth's Attorney's opinion is that it is necessary to have the audit. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above was approved. Request from the County Administrator to Contact the Virginia Association of Counties About Local Government Liability Insurance The County Administrator would like to contact the Virginia Association of Counties expressing Frederick County's support on sponsoring legislation limiting local government insurance liability to one million dollars. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above was approved. The following items are for information purposes only: 1. The County was informed that we did not receive the Certificate of Conformance FY 6- 30 -84. Please find attached our ratings in addition to the guidelines for improving our audit report FY 6- 30 -85. Additional explana- tion can be found in the Finance Department quarterly report. 2. Attached is a letter from Robinson, Farmer and Cox outlining three problem areas found during their preliminary audit work. Steps are being taken to correct these problems. 3. A request for funds from Migrant and Seasonal Farmworkers Associa- tion, Inc. is attached. The Committee does not recommend approval. 4. The County Administrator informed the Committee that $8,200 has been expended on the compactor site at Clearbrook. To level the compactor site would cost an additional $2,200. The Committee recommends that the site be left as is. 5. Attached is an analysis of the financial condition of Frederick County at 6- 30 -85. 261 UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. r -