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HomeMy WebLinkAboutMay 25, 1983 Regular Meeting144 A Regular Meeting of the Frederick County Board of Supervisors was held on May 25, 1983, at 7:00 P.M., 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 George Stein of the Centenary United Church of Christ. ADOPTION OF AGENDA Mr. Baker requested that number 5 and number 10 of the Finance Committee report be moved forward on the agenda prior to the approval of the 1983 -84 budget. Mr. Stiles stated that he had a brief item under "County Officials ". Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the agenda was approved as amended. APPROVAL OF MINUTES Mr. Smith stated that the figure amount on Page 3 of the April 12, 1983 minutes was incorrect and the correct amount should be $395,000. Mr. Stiles stated that the word "paired" should be spelled "pared" on Page 15 of the March 31, 1983 minutes. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the minutes of the Regular Meeting of March 23, 1983, Special Meeting of March 31, 1983 and Special Meeting of April 12, 1983, were approved as amended. REQUEST FOR BOARD APPROVAL OF RESOLUTION FROM WASHINGTON COUNTY BOARD OF SUPERVISORS - TABLED INDEFINITELY Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that the request for approval of resolution from the Washington County Board of Supervisors requesting the General Assembly to provide an additional sales tax levy in the Commonwealth to be tabled indefinitely. WILLIAM ZIRKLE REAPPOINTED TO FREDERICK COUNTY SCHOOL BOARD FROM GAINESBORO DISTRICT - APPROVED Upon motion made by Rhoda W. Maddox and seconded by David L. Smith, that William Zirkle be reappointed to the Frederick County School Board from 145 Gainesboro Magisterial District for a four year term, said term to commence on July 1, 1983 and terminate on June 30, 1987. The above resolution was approved by the following recorded vote: Aye - Will L. Owings, William H. Baker, Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles. Abstaining - S. Roger Koontz. LANGDON GORDON AND BRIAN KRU AIRPORT COMMISSION - APPROVED APPOINTED TO THE REGIONAL Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, that Langdon Gordon be appointed to the Regional Airport Commission. Mrs. Maddox nominated Bob Dressel. The vote was as follows: Aye - William H. Baker, S. Roger Koontz and Rhoda W. Maddox. Upon motion made by Kenneth Y. Stiles and seconded by David L. Smith, that Brian Krueger be appointed to the Regional Airport Commission. The above resolution was passed by the following recorded vote: Aye - Will L. Owings, David L. Smith, Kenneth Y. Stiles and Rhoda W. Maddox. Nay - William H. Baker and S. Roger Koontz. Mr. Stiles and Mr. Baker asked if the appointment to the Lord Fairfax Community College Board would be made at this meeting as they both had County citizens that were interested. After discussion by the Board it was decided that this appointment would be made at the Board meeting of June 8, 1983. FINANCE COMMITTEE REPORT - NUMBERS 5 AND 10 Mr. Baker presented number 5 and number 10 of the Finance Committee eport. Budget Adjustment for Cafeteria Funds The Committee discussed a letter received from Robinson, Farmer, Cox Associates, the firm under contract to perform our County audit, concerning a recent ruling by the Attorney General requiring that the Board of Super- visors appropriate funds for Textbook Funds and Cafeteria Funds, and further that these funds be placed in the custody of the County Treasurer. It is recommended that the Finance Director be authorized to establish a School Cafeteria Fund, that the cafeterias turn over funds handled by them to the County Treasurer as of the close of business on June 30, 1983, and that the 1983 -84 budget be amended to include the following budgets for the School Textbook and School Cafeteria Funds: SCHOOL TEXTBOOK FUND 146 Revenue: Beginning Balance 7/01/83 $144,777.00 Rental Fees 105,724.00 State Reimbursement 14,000.00 Total Revenue $264,501.00 Expenditures: Wages and Operating Expenses $264,501.00 SCHOOL CAFETERIA FUND Revenue: Beginning Balance $145,000.00 Transfers from School Operating Fund 349,347.00 Local Revenues 430,644.00 Total Revenue $924,991.00 Expenditures: Wages and Operating Expenses $924,991.00 Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the above was approved. The Board discussed this with Mr. Boyd, Finance Director, and he stated that the Attorney General had ruled on this and that there isn't much that the County can do about it. He further stated that as far as he knew now there would not be any additional funds involved. 1983 -1984 Budget Resolution The Committee reviewed the budget resolution as prepared by the Finance Director. It was noted that the budget totals have been increased to reflect the addition of the Cafeteria and Textbook Funds. It is recommended that the resolution be approved at the appropriate time during the meeting. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the following resolution was approved: WHEREAS, a notice of public hearing and a budget synopsis has been published and a public hearing held on May 11, 1983, in accordance with Title 15.1, Chapter 4, Section 15.1 -162, of the Code of Virginia, 1950 as amended, and THEREFORE BE IT RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 1983 -84 fiscal year as advertised in the Winchester Evening Star on May 3, 1983, as amended be hereby approved in the amount of $29,479,530.00 and that appropriations in the amount of $29,479,530.00 be hereby authorized for the 1983 -84 fiscal year, and BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rate for the 1983 assessment year at a rate of 581 to be applied to real estate, the rate of $4.35 to be applied to personal property and the rate of $4.00 to be applied to Merchants Capital, and BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund and unemployment compensa- tion fund equal to the total cash balance on hand at July 1, 1983 plus the total amount of receipts for the fiscal year 1983 -84. Mr. Koontz stated that he would like to commend the Finance Committee for all their work on this year's budget. 14 Mr. Koontz left the Board meeting at this time and Mr. Owings, Vice- Chairman, presided over the remainder of the meeting. OLD BUSINESS AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE 1976 BY THE ADDITION OF ARTICLE IV, TO CHAPTER 2, "WINCHESTER REGIONAL AIRPORT COMMISSION" - APPROVED Upon motion made by David L. Smith, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: WHEREAS, the Board of Supervisors of Frederick County, Virginia, the Board of Supervisors of Clarke County, Virginia and the Common Council of the City of Winchester, Virginia have established an airport commission, known as the Winchester Regional Airport Commission for the purpose of jointly maintaining and operating the Winchester Municipal Airport; NOW, THEREFORE, this 1st day of July, 1983, by and between the City of Winchester, the County of Frederick, and the County of Clarke: That for and in consideration of mutual promises and agreements here- after set forth, the City of Winchester, the County of Frederick, and the County of Clarke, contract between and among themselves as follows: 1. Ownership of the Winchester Municipal Airport shall continue to be vested in the Common Council of the City of Winchester. 2. The management and control of the Winchester Municipal Airport shall be vested in the airport commission created and appointed pursuant to an ordinance amending the Winchester City Code, 1978, by the addition of Chapter 2.5, "Winchester Regional Airport Commission ", and like ordinances adopted by each of the participating governing bodies to this agreement. 3. The political subdivisions to this agreement shall contribute to the capital improvements of the Winchester Municipal Airport as follows: annually. a. The City of Winchester will contribute a total of $15,000.00 b. The County of Frederick will contribute a total of $15,000.00 annually and waive the collection of real property taxes for Airport property. annually. c. The County of Clarke will contribute a total of $5,000.00 4. If expenditures exceed revenues for the fiscal year, the deficit will be made up by reducing said deficit from the following year's capital appropriations account. 5. Every effort will be made to program revenues in excess of expendi- tures. If revenues exceed expenditures, the surplus will be carried over into the following fiscal year. 6. Each party to this agreement shall remit to the Treasurer of the airport commission, funds, as stipulated and agreed upon in this agreement. Payment is to be made within the first 30 days of the new fiscal year. 7. In the event that either or any of the participating parties to this agreement determine to dissolve this agreement, it shall be done by notifying each of the other jurisdictions, at least ninety (90) days prior to the start of the new fiscal year (July 1st), of its intention to withdraw from this agreement. CITY OF WINCHESTER, VIRGINIA By: /s/ S. Wendell Seldon Wendell L. Seldon / is City Manager ATTEST: /s/ Patricia B. Ashby Patricia B. Ashby Clerk of Council COUNTY OF FREDERICK, VIRGINIA By: /s/ S. Roger Koontz S. Roger Koontz, Chairman Frederick County Board of Supervisors ATTEST: /s/ John R. Riley, Jr. County Administrator COUNTY OF CLARKE, VIRGINIA By: /s/ Eustace B. Jackson Eustace B. Jackson, Chairman Clarke County Board of Supervisors ATTEST: /s/ G. Robert Lee G. Robert Lee County Administrator NEW BUSINESS PARKS AND RECREATION COMMISSION RECOMMENDATION At its regularly scheduled meeting held on Tuesday, May 17, 1983, the Frederick County Parks and Recreation Commission did vote and take action on the following matters: 1. Voted unanimously to request the Frederick County Board of Super- visors to grant permission to the Commission to file a preliminary applica- tion to the Commission of Outdoor Recreation requesting matching funds for an outdoor swimming pool facility. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the above request was approved noting that there was no obligation on the part of the County. 2. Voted unanimously to name the Frederick County Parks and Recreation Summer Open Wrestling Tournament the George W. Walters Memorial Open with all monetary proceeds going to an educational fund set up for his children until the completion of their formal education. Mr. Stiles asked if there would be any problem with this from the legal stand point. Mr. Ambrogi replied not to his knowledge. 149 Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above request was approved. EUGENE GUNTER ADDRESSES BOARD RE: UPDATING OF COUNTY CODE Mr. Eugene Gunter appeared before the Board and stated that he had purchased a copy of the County Code several years ago but that he had not received supplemental amendments, etc. and he felt this should be brought to the Board's attention. The Board discussed this request and directed the offices involved to follow up on this and see that Mr. Gunter received the necessary amendments dealing with the County Code after they are approved by the Board. Mr. Riley stated that this had been addressed in -house and that the Code would be put on the Word Processor and brought up to date in the very near future. PLANNING COMMISSION BUSINESS REQUEST FOR CROSS -OVER AT ROUTE 522, FREDERICK MALL DRIVE INTERSECTION - APPROVED Mr. Horne presented the following report: At their meeting on May 4, the Frederick County Planning Commission requested that the Department of Planning and Development take action to have the Board of Supervisors request that the Department of Highways and Transportation consider the construction of a cross -over at the intersection of Frederick Mall Drive and Route 522 North in the Sunnyside area. The need for this cross -over has been highlighted with the request for rezoning by Westminster /Canterbury /Winchester. The cross -over will, however, be a great help to the traffic flow in the area, even if Westminster /Canterbury /- Winchester is not constructed, since there is a large amount of multi- family and commercial property that would be exiting and entering Frederick Mall Drive when the Frederick Mall property is developed. Mr. Bushman has notified this Department that a formal request for such a cross -over would need to be forwarded through his Department to Richmond and given development patterns in the area he feels the local office will support the cross -over. The Planning Commission has, therefore, requested that the Board of Supervisors take the necessary action to formally request that the Department of Highways and Transportation install this cross -over. Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, that the Virginia Department of Highways and Transporta- tion install this cross -over at Sunnyside. 150 TEMPORARY CLOSINGS OF SECONDARY ROADS - APPROVED Mr. Horne stated that the Virginia Department of Highways and Transpor- tation is requesting Board approval of the temporary closing of Route 697, between Route 522 and the West Virginia line, in early Fall and the temporary closing of Route 689, between Route 600 and Route 600, in the month of June. Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, that the above request from the Virginia Department of Highways and Transportation be approved. DISCUSSION OF TRANSPORTATION COMMITTEE Mr. Horne presented the following report: The staff has discussed with the Planning Commission in the past the possibility of establishing one Transportation Committee to be composed of members from a number of groups who have previously been involved in trans- portation related items in the County. Currently, there are basically four groups that are involved in transportation related items in the County. These are the Transportation Safety Commission, Road Viewers, Planning Commission, and the Board of Supervisors. In addition to these governmental groups, there are a number of private organizations in the County that are interested in transportation related items, including the Ruritan Clubs. Many times in the past, the activities of these groups have not been coordinated and individual groups have pursued projects or goals that have not been in full agreement with each other. In addition, the Transportation Safety Commission and the Road Viewers have typically had very little activity and have met very infrequently. The Transportation Safety Commission has been primarily involved in preparation of grants to be submitted to the State Transportation Safety Commission for various safety related projects in the County. The Road Viewers have been involved in analysis of roads to be included as rural additions or in road abandonments. The Planning Commission and Board of Supervisors have been involved in Six Year Planning for secondary and primary highways in the County. All these activities are interrelated and should be addressed as a package wherever possible. The staff would suggest that one Committee be formed which would deal with all the transportation related items that the County government deals with. The recommendations of this Committee would go first to the Planning Commission and then to the Board of Supervisors. Membership on this 151 Committee would be at the discretion of the Board of Supervisors and the staff would suggest representatives from groups throughout the County which have a particular interest or expertise in transportation related items. The size of the Committee should not be so large as to be ungainly, but should be large enough to encompass persons familiar with or interested in all transportation related items. The staff has contacted the appropriate State officials to ensure that the Road Viewers and Transportation Safety Committee could be eliminated as a separate group and the Transportation Committee be designated as the group to perform those functions. We have been assured that this is possible and before such a Committee would be formed, the staff would ensure that they were designated as the group in the County to deal with transportation safety and road viewing items. The Planning Commission discussed this matter at their meeting on May 18 and recommended that the Board of Supervisors consider the establishment of a Transportation Committee. After discussion it was the consensus of the Board that they would like to the get the feelings of the Planning Commission on this before taking any further action. ZMAP #006 -83 - SHENANDOAH COMPUTER SYSTEMS, INC. - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commis- sion recommended unanimous approval. Mr. Steve Swimley, an employee of Shenandoah Computer Sytems, appeared before the Board on behalf of this request. He addressed the traffic question and did not feel this would be a problem. Mr. James Parsons, who owns the property North of this location, appeared before the Board and stated that there is already a drainage problem in this particular location and he felt that this could create more problems. Mr. Stiles stated that he felt like the run -off could not exceed what is presently at the location and perhaps Mr. Swimley and the others involved in this could work with Mr. Parsons and help to make this whole situation better. Mr. Owings asked Mr. Swimley if he realized that if the Board does approve this request that he would be expected to work with Mr. Parsons on this particular drainage problem. Mr. Swimley replied that he did. 152 The question of the amount of traffic that would be created because of this particular request was addressed by the Board. Upon motion made by Kenneth Y. Stiles and seconded by David L. Smith, that rezoning map petition number 006 -83 of Shenandoah Computer Systems, Inc., P. O. Box 2062, Winchester, Virginia, consisting of approximately 7 acres, now zoned A -2 (Agricultural- General) to be rezoned to B -2 (Business - General) be approved. This property is designated as Parcel Number 56 on Tax Map Number 43 in the Stonewall Magisterial District. The above resolution was passed by the following recorded vote: Aye - David L. Smith, Kenneth Y. Stiles and Will L. Owings. Nay - Rhoda W. Maddox and William H. Baker. ZMAP #007 -83 - DENNIS L. RIDINGS - OPEQUON MAGISTER DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commis- lion had recommended approval at their meeting on May 18 by majority vote for the rezoning of a specific portion of the property being currently used for the operation. This is to be determined by surveyed plat. Mr. Ridings appeared before the Board on behalf of his petition. Mr. and Mrs. Feathers, neighbors of Mr. Ridings', were in attendance at the meeting and stated that they were in favor of Mr. Ridings' request. I Mr. Ridings stated that his request was just for 1.434 acres as shown on the plat that he had presented to the Board at this evening's meeting. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that the rezoning petition number 007 -83 of Dennis L. Ridings, P. O. Box 157, Stephens City, Virginia, consisting of 3.89 acres now zoned A -2 (Agricultural - General) to be rezoned to M -1 (Industrial - Limited) be approved for 1.434 acres as shown on the plat presented at this evening's meeting. This property is designated as Parcel Number 79C on Tax Map Number 86 in the Opequon Magisterial District. Mr. Stiles stated he would like to note for the record that this is being done primarily in recognition of the existing business and the con- fusion that surrounded a situation several years ago, and it is no way intended as an indication that the Board thinks industrial zoning is appropriate for this general area. Mr. Owings stated that he had no objections to this statement but as long as there was Frederick County the Board would have spot zoning requests . 153 CUP #004 -83 - MARVIN O. HOFFMAN - STONEWALL MAGISTERIAL DISTRICT - APROVED Mr. Horne presented this conditional use permit request and stated that the Planning Commission recommended unanimous approval with conditions. There was no one present to object this request. Mr. Stiles requested that a letter that had been received from John and Daisy Peacemaker be made part of the record inasmuch as they are adjoining property owners. The Board concurred with Mr. Stiles' request. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that conditional use permit number 004 -83 of Marvin O. Hoffman, Purcell Drive, Sunnyside Station, Winchester, Virginia, requesting a permit for a Cottage Occupation /Saw Sharpening Shop be approved. This property is designated as Parcel Number 79 on Tax Map Number 53A in the Stonewall Magisterial District. April 28, 1983 Dear Mr. Horne: In response to your letter of April 20 concerning the application of Marvin Hoffman for a permit for saw sharpening shop. Our property fronts the Hoffman property, we do not want our property front and driveway blocked by parked vehicles from his shop. This is a very poor location for any business, (drive 721). Purcell Drive is a dead end street, most of the driveways have signs posted "no turning ", there is no place to turn around, people have to back out, the Sheriffs Department says it is against the Law for people backing out. We had a repair shop on this drive and it was a nuisance, peoples driveways were blocked and the road was blocked much of the time. There was a fire and Mr. Haines from Sara Zane Fire Company said they couldn't get the fire truck up the house for the cars in the way. For four years now the people on this drive have had to put up with a neighbor on the lower end of the drive buying used cars and trucks and resells using this road for a used car lot. The road there is blocked much of the time. Just last week one of the neighbors down there said he was getting up a petition as he couldn't get out. Many of the neighbors who live on this drive have to park their cars in the road as they have no driveway, some of the lots are so small there just isn't room, this makes the road one way in some places. We suggest that Hoffman make his own parking lot on his property, he has an extra lot that is empty. That way he can have his business and it won't interfere with his neighbors. Yours respectfully, /s/ John E Daisy Peacemaker John and Daisy Peacemaker CUP #005 -83 - MICHAEL D. HOCKMAN - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this conditional use permit request and stated that the Planning Commission recommended unanimous approval with conditions. Mr. Hockman appeared before the Board on behalf of his conditional use permit request and stated that he had a question with reference to number 2 of the conditions from the staff with the wording "accompany" and how his 154 operation would be affected by this. Mr. Hockman stated that he owns the property in question but that he resides in Warren County and rents this property out and his tenant, from time to time, keeps a vehicle belonging to the Winchester Volunteer Rescue Squad parked at this location. Mr. Hockman further stated that his wife does conduct business at this location during the day but that in the evening hours and on weekends the bay station is moved to their residence in Warren County. The Board discussed at length this conditional use permit request within a Residential area and the fact that the operation of this business by Mr. Hockman and his wife is located in Frederick County but they actually reside in Warren County. Mr. Howard F. Sharp appeared before the Board and read the following letter stating that he was not opposed to this business but felt it should be located elsewhere. May 4, 1983 Dear Mr. Horne: We hereby request that this formal protest be included and read aloud with any discussion involving the possible issuance of a Conditional Use Permit for F & F Ambulance Service to operate on Route 522 South of Winchester, Virginia. We are vehemently opposed to the issue of this permit for the following reasons: 1. Allowing F & F Ambulance Service to use the property directly across from our property will have a definite detremental effect on the value of our residential property. 2. The County has just recently held several emotion - packed meetings that directly involve the County's finances and tax base. The Board of Supervisors has repeatedly stated that the County is in dire financial straits and the budget has been stretched to or beyond its limits. THE MONEY TO RUN THIS COUNTY COMES FROM ITS TAXPAYERS!! AS LONG AS TAE BOARD OF SUPERVISORS DEEMS IT NECESSARY TO CUT MONEY FROM EDUCAT ON AND SERIOUSLY DISCUSS RAISING THE TAX RATE NEXT YEAR (THIS BEING A ELECTION YEAR) , we cannot see how the Planning Commission and the Board of Supervisors can in good conscience allow a company of this magnitude to operate in any area other than one zoned for commercial use and thereby CONTRIBUTE ITS FAIR SHARE OF TAXES JUST AS ANY OTHER FULLY COMMERCIAL ENTERPRISE! 3. F S F Ambulance Service is a FOR PROFIT enterprise and we feel that it should be located in a business zoned and taxed as such. 4. 1 have been told in a telephone conversation with Mr. Hockman that the major reason for using this location was to avoid a total rezoning AND THE TAXES FOR SUCH. Mr. Hockman DOES NOT LIVE IN FREDERICK COUNTY. Therefore, we feel that it is not fair to the citizens of Frederick County for these taxes to be avoided as long as he intends to operate a business in this County. If this were Mr. Hockman's primary source of providing a livelihood for himself and his family (which it is NOT), we would perhaps be more sympathetic. However, since it is not his primary source of income we do not feel that we should be asked to bear the risk of the devaluation of our property in favor of his SECONDARY business. -15 r,- In closing, we would like to state that we are not opposed to the eration of F & F Ambulance Service in Frederick County, but we definitely lieve that this business should be conducted within a business zone. We thank the Planning Commission for allowing this letter to be read iud and entered into the record. Sincerely, /s/ Howard & Catherine Sh Howard F. Sharp Catherine S. Sharp Route 1, Box 147 Winchester, Virginia 22601 :c: Mr. French Kirk Mr. Dave Smith Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and >assed unanimously, the following conditions of the Planning Commission were amended to read as follows: 1. This will be a one year permit to be reviewed and renewed annually by the staff, Planning Commission and the Board of Supervisors. 2. If the use or ownership of the property changes, or the use occupancy or ownership of the portion of the property used by F & F Ambulance Service changes this conditional use permit shall expire and a new conditional use permit will be required. 3. No outside storage of private rescue vehicles, strictly enforced. 4. On site parking to be provided. 5. No signs permitted on the property. 6. No sirens used on site. Upon motion made by David L. Smith and seconded by Kenneth Y. Stiles, that conditional use permit number 005 -83 of Michael D. Hockman, P. O. Box 3064, Winchester, Virginia, requesting a permit for an Ambulance Service be approved. This property is designated as Parcel Number 16 on Tax Map Number i4A in the Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Aye - David L. Smith, Kenneth Y. Stiles, Rhoda W. Maddox and Will L. Owings. Nay - William H. Baker. CUP #006 -83 - CRAIG D. AND SERI K. KERN - GAI NESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this conditional use permit request and stated that the Planning Commission recommended unanimous approval with conditions. Mr. and Mrs. Kern appeared before the Board on behalf of their request and stated that they currently have an existing Kennel and are applying at this time for permission for a Boarding Kennel. Mr. McFarland, closest neighbor to Mr. and Mrs. Kern, appeared before the Board and stated that he did not realize this was going to be a Boarding 156 Kennel and that he was opposed to it for a number of reasons, mainly for the barking that would be caused by the dogs and the sewer problem that could be caused by a Boarding Kennel. Mr. Stiles asked Mr. Kern if he would consider moving this to the back of the lot. Mr. Kern stated that he had no objections to this. Upon motion made by Rhoda W. Maddox, seconded by David L. Smith and passed unanimously, that conditional use permit number 006 -83 of Craig D. and Seri K. Kern, P. O. Box 3196, Winchester, Virginia, requesting a permit for a Boarding Kennel be approved. This property is designated as Parcel Number 176 -B on Tax Map Number 42 in the Gainesboro Magisterial District. FINANCE COMMITTEE REPORT Mr. Baker, Chairman, presented the following report: The Finance Committee met on May 19, 1983 with all members present. Also attending were the Finance Director, County Administrator, Commissioner of the Revenue, Commonwealth's Attorney, Personnel Director and Information Services Director. Salaries - Board of Supervisors The Committee discussed a memorandum from George R. Long, Executive Director of the National Association of Counties, explaining the new procedure for setting Board of Supervisors' salaries effective January 1, 1984. It is recommended that each Board member be compensated $2,500.00 per annum from the period January 1, 1984 thru December 31, 1987, with the exception of the Board Chairman who shall be compensated at the rate of $2,700.00 per annum. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Payment of Compensatory Time The Committee reviewed a memorandum from the Personnel Director requesting that $4,400.00 be approved for payment with this amount being charged to unappropriated surplus as recommended by the Finance Director. The Committee recommends approval. Mr. Stiles asked if the County had heard from the Bonding Company. Mr. Riley replied no. Upon motion made by William Ii. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the above was approved. County Payment of VSRS for County Employees The County Administrator informed the Committee that a decision must be made by June 1st, and that a VSRS representative made a presentation to a meeting of County employees where the pros and cons of this proposal were liscussed. As a result of this meeting of employees there does not seem to 3e great support, for or against. It was pointed out that the State Compensation Board would participate during 1983 -84, but it could not be guaranteed that they would or would not participate in another year if the Board decides not to pay the VSRS in 83 -84. After some discussion the Committee recommends that the decision be left to the Board after consider- ing the response from the employees. There was no action taken. Bad Checks The Committee reviewed a list of bad checks that have been turned over to the Commonwealth's Attorney for legal action. The Committee reviewed the list and recommends that the County Administrator and the Commonwealth's Attorney develop a suggested procedure and submit a written copy to the reasurer for her use. There was no action taken. Schedule for Twice a Year Tax Collections The Committee reviewed the schedule for twice a year tax collections hat should be followed in order to insure a smooth transition into the new ystem. The County Administrator was instructed to inform the School >uperintendent of the budget deadline for next year. There was no action taken. Proposed Ordinance on Twice a Year Tax Collections The Finance Director explained to the Committee that, according to the hate Code, an ordinance must be passed changing the time of collection on •eal estate taxes, enacting penalties for nonpayment and to re- establish an nterest rate. The Committee recommends that the ordinance, after review by he Commonwealth's Attorney, be advertised for public hearing in accordance with established procedure. There was no action taken. Personal Property Delinquent List The Committee reviewed the delinquent personal property list and turned :he list over to the Commonwealth's Attorney who will take legal action to :ollect these taxes. There was no action taken. 158 Personal Property Exoneration List The Committee reviewed the current Personal Property exoneration list with the Commissioner of the Revenue. There was no action taken. Division of Court Services Fund The Finance Director informed the Committee that the County auditors have recommended that the County establish the operation of the Division of Court Services in a separate fund beginning July 1, 1983. It is recommended that the Finance Director be authorized to establish a Division of Court Services Fund and that the appropriations and estimated revenues approved in the 83 -84 budget be incorporated into this fund. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the above was approved. Budget Adjustment - ASAP /Regional Jail The Committee reviewed a 1983 -84 budget adjustment request from the Division of Court Services in the amount of $132,344.00 in order that the Diversionary Program may offer client services to Page and Rockingham Counties and the City of Harrisonburg. The Committee recommends approval. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the above was approved. The Committee reviewed a 1983 -84 budget adjustment request from the Division of Court Services in the amount of $16,500.00, which reflects grant funds applied for to fund a program to deal with filed civil suits in pre- warrant issuance cases. The Committee recommends approval. Mr. Stiles stated that he felt this should have gone to the Law Enforcement and Courts Committee first. Mr. Riley stated that due to the time schedule, he was not able to take it to the Law Enforcement and Courts Committee first. The Committee also recommends that the ASAP Director be informed that administrative costs will be charged by Frederick County for acting as fiscal agent for the ASAP operation. The Board concurred that the following be amended to read: The Committee reviewed a grant application in the amount of $15,000.00 from the N. W. Regional Jail for a Mental Health Trainer and Evaluator. The Committee recommends that a 1983 -84 budget adjustment in the amount of $15,000.00 be approved for the N. W. Regional Jail Fund with the stipulation 159 that if grant funds cease to be available the County will not pick up the cost. Mr. Stiles requested that this be sent back to the Law Enforcement and Courts Committee. The Board concurred. Tax Deferment for Farmers Tax deferment for Farmers on twice a year tax collections was discussed. The County Administrator informed the Committee that the State Code allows for a one month deferment but any deferment would have to apply to all taxpayers. It was also pointed out that quarterly payments would be almost impossible to administer and that the cost would be prohibitive. There was no action taken. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS OR�ERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. - f L Ch(ir irman, oar of %pervi�rs CI "rk, Board of Supervisors m