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February 23, 1983 Regular MeetingEEO A Regular P_1eetinq of the Frederick County Board of Supervisors was held on February 23, 1983, at 7:00 P.P.1., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice - Chairman; William H. Baker; Rhoda W. Maddox; David L. Smith and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend G. Michael Parker of the First Baptist Church. ADOPTION OF AGENDA Mr. Stiles stated that he had an item under "County Officials" and that a constituent within his District had requested to address the Board and although he did not see her present at this time, if she should arrive later during the meeting, he would like to request that she be allowed to address the Board at that time. Mr. Baker stated that he had an item under "Personnel Committee Report ". Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the agenda was adopted as amended. APPROVAL OF MINUTES Mr. Smith stated that he had a correction on Page 7 of the minutes under CUP #019 -82 of Michael Hockman, the last sentence in the second paragraph should read, "Mr. Smith recommended that t1r. Hockman qo back to the Planning Commission and seek an amendment to the zoning ordinance to allow rescue transportation as a permitted use in an Agricultural District ". Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, that the minutes of the Regular Meeting of January 26, 1983 be approved as amended. COUNTY OFFICIALS S. ROGER KOONTZ APPOINTED AS ELECTED MEMBER TO REPRESENT THE COUNTY ON THE FREDERICK - WINCHESTER SERVICE AUTHORITY - Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that S. Roger Koontz be appointed as the elected member to represent the County on the Frederick - Winchester Service Authority. M Mr. Stiles addressed the articles that had appeared in the two local newspapers with reference to a statement as to why the County and the City of Winchester had chosen to withdraw from the Lord Fairfax Planning District Commission that had been made by Mr. Ed Duncan, Director of the Commission. He further stated that Mr. Duncan had said the main reason for the two jurisdictions withdrawing was because they wanted to keep the economic development strictly within these two localities and not share this develop- ment with the remaining localities within the District. Mr. Stiles further stated that the economic development had nothing to do with why he had voted for the County to withdraw from the Lord Fairfax Planning District Commis- sion. He further stated that there had been rumor that the County might reconsider withdrawing from the Commission and even though he could not speak for all the Board members, he had not changed his mind on this matter. AMENDMENT TO THE PARKS AND RECREATION BY -LAWS - APPROVED Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, that the following By -Laws of the Parks and Recreation Commission be approved: The Frederick County Parks and Recreation Commission does hereby recommend that Article 3, Section 1, of the Frederick County Parks and Recreation Advisory By -Laws he changed to read as follows: There shall be seven (7) members on the Commission. One from each County Magisterial District, appointed by the Board of Supervisors to serve for four (4) year terms, and two (2) at large members. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that the last section of the third paragraph be deleted and that the following be added: Two At -Large Members recommended by the Commission and approved and /or appointed by the Board. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, that the Parks and Recreation Commission will make recommendations as to the appointments and terms of these At -Large Members. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, to approve the total resolution as amended. PARKS AND RECREATION COMMISSION - CHANGES IN SOFTBALL RULES FOR CHURCH AND INDEPENDENT LEAGUES - APPROVED Gtr. Ned Cheely, Director, appeared before the Board and presented the following changes to the Board: RULE 2 - ELIGIBILITY (Team) wilm M A. A maximum number of teams will be accepted in the men's program and a maximum number of teams will be accepted into the women's program on a first -come, first- served basis. Since this is a Frederick County Parks and Recreation Department sponsored program, Frederick County residents will have the opportunity to participate in the league first over all other area residents. B. The following rules will apply to teams requesting entry into the league: 1. Each team must submit an official roster along with the entry fee. No entry fees will be accepted without a roster. All money and rosters must be submitted during the entry deadline period. The following information is necessary on all rosters: the correct name, address, and phone numbers of all team members. Next to each player, list whether he is a county or city resident. All addresses will be checked by the depart- ment, so in order to avoid any confrontations, all coaches should make sure that all the information is correct. 2. Once the roster is submitted, the teams will be classified as county, city or other area as follows: If 90% of your roster is made up of Frederick County residents, your team will be accepted first (in the order in which your fee was paid). Then, if there are still openings, the teams with 89% of their roster made up of County residents will be accepted. This procedure will be carried out until all spots have been filled. EXPLANATION: If a team has 20 players on their roster, 18 of them must be Frederick County residents to be classified 900. If a team has 15 players on their roster, 13 of them must be County residents to be classified 900. When a percentage comes out to be 1/2 of a player, or 1/4, etc., the number of players will always be the preceding whole number. You must have a minimum of nine players listed on your roster when it is submitted. At no time during the season may any additions or replacements to rosters change the classification of that roster as determined by the Recreation Department when it was submitted. GENERAL RULES: I. Four and one -half innings must be played to call a game; if one team is ahead by fifteen runs after 4 1/2 innings, the game will be called. L. The league will use a 3 -2 count; three balls a walk, 2 strikes an out. Mr. Don Welch, Recreation Commission member, appeared before the Board and explained why the Commission would like to have these rules changed. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, to move for the changes in rules as submitted by the Parks and Recreation Commission. PLANNING COMMISSION BUSINESS ZMAP #001 -83 - MATHEW AND BETTY CHICKLO - BACK CREEK 1.1AGIS- TERIAL DISTRICT - APPROVED Gtr. Horne presented this request and stated that the Planning Commis- sion unanimously recommended approval. Mr. Chicklo appeared before the Board on behalf of his request. Mr. Aubrey Waters, who owns property on 706, appeared before the Board and stated that the only thing that concerned him was the run -off of water, 49 but he had been assured that the run -off would not be directed to anyone's property near this location. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, that zoning map amendment petition #001 -83 of Mathew and Betty Chicklo, 2141 Stonebrook Road, Winchester, Virginia, consisting of one acre, now zoned B -2 (Business - General) to be rezoned B -3 (Industrial - Transition) be approved. This property is designated as Parcel dumber 29 on Tax Map dumber 63 in the Back Creek Magisterial District. ZMAP #002 -83 - J & P PROPERTIES, INC. - SHAWNEE MAGISTERIAL DISTRICT - WITHDRAWN Mr. Horne stated that he had received a letter from r:1r. J. R. Larrick, Attorney, requesting that this rezoning request be withdrawn. Mr. Stiles requested that this letter be made part of the records of this meeting. February 16, 1983 Mr. John T. P. Horne Director, Frederick County Department of Planning and Development P. O. Box 601 9 Court Square Winchester, Virginia 22601 Re: J & P Properties Rezoning Application to rezone 15.812 acres from B -2 to P.1 -2 Dear C1r. Horne: Pursuant to our conference of last week and my phone conversation with your office this day, I hereby request to withraw the above pending application. To refresh your memory in this matter, this rezoning was brought before the Frederick County Planning Commission for a public hearing at the Planning Commission's regular monthly meeting held on February 2, 1983. At that time the application was tabled because of a lack of health department comments. It now appears that J & P will have to proceed with a somewhat more than usual procedure to obtain a health permit. Under these circumstances I feel the necessary work to obtain the health permit would be beyond your normal 30 -day hearing on a rezoning application, that it would be in the best interest of all to withdraw the application and submit it after the health permit has been obtained. I want to thank you and Steve Gyurisin for your assistance in this matter and I trust I will have the necessary information from the health department within a few weeks. In view of the fact that this matter is being withdrawn, I will not appear at the meeting this day as requested in your agenda notice but if for any reason my presence is desired I am only two minutes away. Again thanking you, I remain Very truly yours, /s/ J. Randolph Larrick J. Randolph Larrick 50 Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that Mr. Larrick's letter on behalf of J & P Properties, Inc., requesting that the rezoning amendment be withdrawn at this time be accepted. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, to waiver one -half of the fee if J & P Properties, Inc. should reapply for this rezoning request. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, to concurrently advertise Planning Commissions' items and Board of Supervisors' items. INTERSTATE PROPERTIES SUBDIVISION - APPROVED P.1r. Horne presented this request and stated that the Planning Commis- sion unanimously recommended approval. He stated that a large water deten- tion basin would be built on this property and the building and maintenance of this basin would be the responsibility of the property owners. Mr. Langdon Gibson, IPL Partnership, appeared before the Board and stated that this agreement with the property owners had been worked out with the Virginia Department of Highways and Transportation. Mr. Stiles asked what IPL Partnership would do if some of the property owners would not contribute their fair share toward the maintenance of this detention basin. Mr. Gibson replied that as of this time this had not been discussed. Mr. Stiles stated that he felt this needed to be addressed, as far as what, and if any liability the County could have. Mr. Horne read from the Draft of the Agreement concerning the responsi- bility of the maintenance and stated that the County would request that the necessary work be done and the charge for this work would then be sent to the responsible property owners. t1r. Stiles asked if the Commonwealth's Attorney had reviewed this agreement. Mr. Horne stated that it was in his office but that he had been in Court today and he was not able to talk with him concerning this. Fie further stated that he had no intention of signing off on this until Mr. Ambrogi agrees it is okay for him to do so. Mr. Baker suggested that Mr. Horne finalize this agreement with Mr. Ambrogi by the end of this week and get back with Mr. Gibson and the other 51 parties involved in order that they might know where they stand on this project. Mr. Horne stated that those were his intentions. Upon motion made by David L. Smith, seconded by William H. Baker and passed unanimously, that the Interstate Properties Subdivision be approved. Mr. Stiles stated that as liaison to the Planning Commission he would recommend if there appears to be a problem with this site plan, that it would be sent to the Board of Supervisors for their approval also. AN ORDIANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE III, AGRICULTURAL LIMITED DISTRICT, A -1, SECTION 21 -16; USE REGULATIONS; AND ARTICLE IV, AGRICULTURAL GENERAL DISTRICT, A -2, SECTION 21 -26, USE REGULATIONS TO PERMIT POST OFFICES AS PER - MI TTED USED IN A -1 AND A -2 ZONING DISTRICTS - APPROVED Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, that the following ordinance amendment be approved: An ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article III, Agricultural Limited District, A -1, Section 21 -16, Use Regulations and to amend Article IV, Agricultural General District, A -2, Section 21 -26, Use Regulations, by the addition of the following: Chapter 21, Article III, Section 21 -16 (y) Post Offices Chapter 21, Article IV, Section 21 -26 (bb) Post Offices PUFFENBERGER CASE There was no discussion or action on this matter. ANIMAL CARE COMMITTEE REPORT Mr. David Smith presented the following report: The Animal Care Committee met on February 8, 1983 and makes the following report and recommendations: The Animal Care Committee recommends that the Animal Control Officers, as time allows, participate in an informal program to provide animals to support a therapy program at local nursing homes. The program, identified as a "Pet Therapy Program" has been successful in other jurisdictions. The Animal Control Officers would transport a pet to a local nursing home that desires to participate in the program. The animal would be carefully screened for appropriate shots and temperament. It is anticipated that this activity would require two hours per officer per month. The program would be under the supervision of the Public Services Director. The program's effectiveness would be monitored by the Animal Care Committee. 52 Mrs. Maddox stated that she felt this was a very good program and it would have many advantages to those that would be participating. Mr. Stiles stated that Mrs. Maddox had stated what she saw as the advantages but he felt there would be headaches and problems created by this program beyond belief. He further stated that he had a problem with the Animal Control Officers doing this on County time. Mr. Smith stated that he had raised the same question at the meeting and it was decided this would be done as the Animal Control Officers had time within their work schedule, but that it was not to set a precedent, and further that it was the intention of the Committee that this program would be started by the Animal Care Committee and it was the hopes of the Committee that in time volunteers would step in and take over the program. Mr. Owings asked if this would be nursing homes in the County and the City. Mrs. Esther Boyd stated yes, both would be involved in the program. Mr. Owings stated that it would seem to him that Mr. Cleveland would take care of those nursing homes located within the City. Upon motion made by David L. Smith and seconded by Rhoda IN. Maddox, that the above program as outlined by the Animal Care Committee be approved. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and Da L. Smith. Nay - Kenneth Y. Stiles. The Rabies Clinic scheduled for March 19 from 2 p.m. - 4 p.m. was discussed. Further details will be promulgated shortly. Mr. Koontz requested that this schedule be advertised in the paper. DR. GARY DEOMS ADDRESSES THE BOARD RE: GYPSY PIOTH SITUATION WITHIN THE COUNTY Dr. DeOms appeared before the Board to discuss the Gypsy Moth situation within the County and what steps the County will need to take in the months to come to keep this from becoming a problem. Mr. DeOms passed out a packet of information to each of the Board members and showed a filmstrip on the Gypsy Moth situation within the State of Virginia. He stated that at the present time there is no problem within the County of Frederick per say, but that some of the neighboring Counties are experiencing a problem with the Gypsy Moth. FRANK SHERWOOD APPOINTED TO THE GYPSY MOTH COMMITTEE - APPROVED 53 Dr. DeOms stated that Frank Sherwood had expressed an interest in serving on the Gypsy Moth Committee. Upon motion made by Rhoda V1. Maddox, seconded by William H. Baker, that Mr. Frank Sherwood be appointed to serve on the Gypsy Moth Committee for a one year term, said term to commence on February 23, 1983 and terminate on January 31, 1984. PERSONNEL COMMITTEE REPORT AND RECOMMENDATIONS Mr. William Baker, Chairman, presented the following report: The Personnel Committee met on Monday, February 7, 1983 with all members present and submits the following report and recommendations to the Board of Supervisors. Revised Comp Time Policy Pursuant to the request by the Board the Committee reviewed the County's current comp time policy and made revisions thereto in an effort to address concerns expressed by the Board. The revised policy is forwarded to the Board with a recommendation for approval by the Personnel Committee. P1r. Stiles asked if this addressed the comp time that had been accumu- lated up to this point. Mr. Baker stated that it does not, this is a policy that will be used from tonight forward if approved by this Board. P.1r. Stiles stated that it was his understanding that Department Heads did not receive comp time for attendance at Board of Supervisors', Planning Commission, Parks and Recreation, Animal Care etc., meetings. t1r. Baker replied that is correct. Mr. Stiles stated that he would like to have the following inserted after dumber E, "Subject to the approval of the Board of Supervisors." E. Department Heads are not eligible to receive overtime pay or compensatory time. However, Department Heads may be eligible for comp time /overtime when required to respond to requirements placed directly upon them by the Board of Supervisors and /or County Administrator, subject to approval of the Board of Supervisors. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, that the following comp time policy, with the above change, as presented in this report be approved: 7.5 Overtime /Compensatory Time Policy Purpose 54 To establish a policy for compensating employees for overtime hours worked. Eligibility All employees considered to be non - exempt wage hour employees compen- sated in pay ranges I through 15 and those employees who exceed range 15 whose services are required over and above the normal work day to support County activities. Overtime Hours Defined Overtime hours for all eligible employees shall be defined as all those exceeding the average rate of 40 hours in one week over a fixed work schedule (i.e., 5 days) established by the appointing authority, or on any day observed as a County holiday. Policy A. Overtime /Comp Time may be worked only with prior approval of the County Administrator. When an employee is required to work overtime in direct support of a County activity and there is not sufficient time to obtain prior approval, it shall be the responsi- bility of the department head to submit documentation of the reasons for said overtime to the County Administrator for approval. The County Administrator shall have the authority to deny the overtime if he deems the documentation therefore to be insuf- ficient. B. Eligible employees may be compensated with pay at a time and one -half rate for all overtime hours worked when requested by the Department Head and approved by the County Administrator. C. Eligible employees shall receive an amount of compensatory time equivalent to overtime hours worked and not compensated as provided above. D. Eligible employees shall be compensated with pay at a time and one -half rate for all overtime hours accumulated (compensatory time) in excess of 40 hours on the first day of each fiscal year quarter. An employee may not carry forward more than 40 hours overtimelcomp time at the end of each quarter. Recommend Delete: D. Employees not eligible above, and who are not department heads or administrative employees, may receive compensatory time for all overtime hours worked when approved by the department head, however, such compensatory time shall not be accumulated in excess of that provided above, nor shall these employees be compensated for any such excess. E. Department heads are not eligible to receive overtime pay or compensatory time. However, Department heads may be eligible for comp time /overtime when required to respond to requirements placed directly upon them by the Board of Supervisors and /or the County Administrator, subject to approval of the Board of Supervisors. F. Overtime work amounting to less than one -half hour on a regular work day shall not be compensated. G. Eligible employees required to return to a work site, at least one hour after termination of the employees regular work shift, shall receive a minimum of two hours overtime. H. Eligible employees separating from County employment shall be compensated at the time and one -half rate for all accumulated overtime not to exceed 40 hours in their final paycheck. 1. All hours worked or otherwise approved for payment shall be included in the calculation of hourly rate. 55 J. Departments shall provide the County Administrator's office with a report of the overtime worked, method compensated and accumulated balances for each fiscal year quarter. Departments shall establish a fixed work schedule normally consisting of 5 work days. Those departments selecting a work schedule other than (5) days shall submit in writing to the County Administator for approval the schedule desired. K. The authorization and control of all overtime work is the direct responsibility of the department head. Overtime assignments are permitted only when required by operational necessity, and without which the normal functioning of the agency concerned would be adversely affected. Department heads must assure adequate funds are available for any payment for overtime work and a statement to this effect must be included in the request for approval to the County Administrator. L. The Sheriff's Department shall be exempt from this policy and shall continue to use the current policy now in effect for that depart- ment, i.e. limit of I day comp time per month and I turn around day per month for those on rotating shift work. Request from Division of Court Services for Additional Full -Time Clerk Position The Committee reviewed a request from the Director of the Division of Court Services for an additional full time clerk for the Work Release Center. The Committee was advised by the County Administrator that this position is mandated by the State and will be funded through grant funds to the CDI program at no cost to the County. The Personnel Committee concurs with the Law Enforcement and Courts Committee and recommends approval of this request. (This request was approved by the Board at the February 9th meeting.) There was no action taken. Establishment of Graphic Design Technician Classification The Committee reviewed a request from the Planning and Development Director relative to reclassification of the Drafting Technician position in that department. Salary survey responses from several other jurisdictions were reviewed and the duties and responsibilities of the position were discussed. Based upon the attached documentation the Committee recommends the establishment of a Graphic Design Technician position at a Range 14 ($10,920). Mr. Owings asked why the survey was only taken in the Metropolitan Counties. Mr. Baker replied that some of the adjacent Counties do not have such a position. Mr. Owings asked if that meant Frederick County really needed one. P.1r. Baker replied yes, that it was felt by the Committee that this position was needed within the County. De Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, that the above request be approved. Request for Overtime - Finance Department The Committee reviewed a request from the Finance Director to pay overtime to the Account Clerk 111 in that department due to the resignation of their Account Clerk II. In order to maintain the department work schedule, the Finance Director has requested the transfer of funds from Line Item No. 1214 - 1001 -36 Account Clerk II to Line Item No. 1214 - 1005 -00 Extra Help /Overtime until such time as this position is filled. The Committee recommends approval of this request. Upon motion made by William 11. Baker, seconded by David L. Smith and passed unanimously, that the above request be approved. Mr. Baker stated that in a paper passed out prior to the beginning of the meeting there were a couple of other requests that had been made of the Personnel Committee and the Finance Committee and he would like for the Board to act on this at this time. Request from Sheriffs Department for Overtime The Committee reviewed a request from the Sheriffs Department for the payment of overtime and recommends that this request be referred to the Finance Committee for consideration. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, that the above request be referred to the Finance Committee. Request from Parks and Recreation Department Re: Maintenance Pnc; t;nn The Committee reviewed a request from the Parks and Recreation Director for authorization to fill a Laborer I position which he anticipates will be vacated in the near future. The Committee recommends that should this position be vacated, it not be filled at this time. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, that the above recommendation be approved. ANNUAL REPORT OF ECONOMIC DEVELOPr1Er1T COMMISSION RECEIVED BY THE BOARD OF SUPERVISORS Mr. Stiles stated that the annual report of the Economic Development Commission had been received by the Board and that a copy was on file in the Planning and Development Office. BOARD RETIRES INTO EXECUTIVE SESSION 57 Upon motion made by S. Roger Koontz, seconded by William H. Baker and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code (1950) Section 2.1 -344, Subsection A (2) to discuss Acquisition of Land and Disposition of Surplus Property. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the Board withdrew from Executive Session. BOARD REC ONVENES INTO REGULAR SESSION Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. COUNTY TO ADVERTISE FOR SALE THE PROPERTY ON WHITLOCK AVENUE AND KERNSTOWN PROPERTY AT THE CITY ASSESSED VALUE - APPROVED Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, that the County advertise for sale the property currently owned by the County on Whitlock Avenue and Kernstown property at the City assessed value. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. "hkm, ar of pervisor Cllr Board of Supe visors