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HomeMy WebLinkAboutJune 22, 1983 Regular MeetingM A Regular Meeting of the Frederick County Board of Supervisors was held on June 22, 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 John Fitzgerald of the Big Brothers /Big Sisters Organization. ADOPTION OF AGENDA Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the agenda was adopted as presented. APPROVAL OF MINUTES Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the minutes of the Regular Meeting of April 13, 1983 and the Regular Meeting of April 27, 1983 were approved as submitted. COUNTY OFFICIALS RESOLUTION IN HONOR OF A nnn /l \ / ; WOOD HIGH SCHOOL CON CERT CHOIR Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, the following resolution was approved: WHEREAS, the James Wood High School Concert Choir attended the Three Worlds of Florida Festival of Music; and WHEREAS, the Choir, judged by the Choral Judges from the University of Florida, received a rating of Superior for their performance; and WHEREAS, this achievement has brought honor and credit to the Choir, their School and their Community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby expresses its congratulations to the members and staff of the James Wood High School Concert Choir for their achievement. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mr. Thompson, Director. RESOLVED this 22nd day of June, 1983. /s/ S. Roger Koontz /s/ Rhoda W. Maddox S. Roger Koontz, Chairman Rhoda W. Maddox /s/ Will L. Owinas Will L. Owings, Vice - Chairman /s/ William H. Baker William H. Baker ATTEST: /s/ John R. Riley, Jr. /s/ David L. Smith David L. Smith /s/ Kenneth Y. Stiles Kenneth Y. Stiles 171 John R. Riley, Jr., Clerk Board of Supervisors Mr. Thompson, Director of the Choir, appeared before the Board to accept the Resolution on behalf of the Choir and to thank the Board for recognizing the Choir in this manner. Mr. Thompson introduced a student, Stephen Schurtz, to the Board and stated that Stephen had recently been chosen for the All Virginia Chorus which is quite an honor. Mr. Baker stated that he would like to recognize the students and instructors of the School system within the County and he felt they deserved a lot of credit for all the work they had done. Mr. Stiles arrived at this time. PUBLIC HEARING AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, ADOPTED JULY 12, 1978, CHAPTER 9, ARTICLE I, SECTION 9 -3 - PENALTY FOR LATE PAYMENT OF TAXES - APPROVED Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the following ordinance amendment was approved: Pursuant to the authority granted in title 58, Chapter 17, Section 58 -847 of the Code of Virginia, (1950) as amended, a penalty of ten percent of the taxes past due shall be added to any late tax payment and paid. This provision shall apply to real estate, tangible personal property, machinery and tools, and merchants' capital tax payments received by the Treasurer after the date such taxes are due in the County. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. ADOPTED JULY N -s.t - ca I H - APPROVED AXES Mr. Stiles stated that he realized the County did not have any choice in this matter but he had been requested by the Farm Bureau to go on record as being opposed to this because of the cash flow problem that it will create for the Farmer at a time when they will already be working with borrowed money in order to operate. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the following ordinance amendement was approved: Pursuant to the authority granted by Title 58, Chapter 17, Section 58 -847 of the Code of Virginia, 1950, as amended, interest shall be due and payable on all delinquent taxes on tangible personal property, machinery and tools, merchants' capital, and real estate, and all penalties thereon, from the first day following the day such taxes are due at the rate of ten percent per annum. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER a ARTY I F 1 RV TWF: ArliniTintJ !1F' gPrTIOM 0 -9. 1 - FCTARI IC44- - APPROVED 172 Mr. Stiles stated that he was not sure why the figure of ten percent was chosen but he felt this should be reviewed annually and if the interest rates should rise again that this amount could also be raised. Mr. Boyd stated that the figure could not be higher than ten percent. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the following ordinance amendment was approved: Pursuant to the authority granted by Title 58, Chapter 17, Section 58 -847 of the Code of Virginia, 1950, as amended, all Frederick County taxes on real property due January 1, 1984, and for each year thereafter shall be due and payable during the year for which the same are assessed in two approximately equal install- ments, as follows: One -half on or before June fifth and the remainder on or before December fifth of said year. TWO POSITIONS APPROVED WITHIN THE COMMISSIONER OF THE REVENUE'S OFFICE Mr. Riley stated that the question had been raised concerning approval of two new positions within the Commissioner of Revenue's Office, and further that these positions had been approved within the 1983 -84 budget but he did not know whether or not the Board would want to approve them in separate action. Mr. Stiles stated that he felt this should go through the proper Committee first. Mr. Baker, as Chairman of the Personnel Committee, stated that because of the time schedule involved and if Mr. Smith had no objection that he felt the Board could approve it at tonight's meeting. Mr. Smith stated that he had no objection to the approval of these two positions. Upon motion made by William H. Baker and seconded by David L. Smith, the position of Assessor and Clerk Typist be approved as shown in the 1983 -84 budget in the Commissioner of the Revenue's Office. The above resolution was approved by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William 11. Baker, Rhoda W. Maddox and David L. Smith. Nay - Kenneth Y. Stiles. UEST FROM FREDERICK - WINCHESTER SE RVICE AUTHORITY FOR I BY THE BOAT Mr. Wellington Jones appeared before the Board on behalf of the Frederick - Winchester Service Authority and stated that the Authority would once again like to make a request to the Board for an advance of $90,000. Mr. Koontz asked if this was to be interest free. Mr. Jones stated that in the past it had been. 173 Mr. Stiles stated that he guessed the Board did not have any choice but that he felt the County should get the going interest rate. Mr. Owings stated that first he felt the Board should know if the County was going to have to borrow any money in order to operate before deciding on loaning any funds to anyone. Mr. Boyd stated that he was not sure at this time and it would probably be the third week in July before he knew exactly where finances of the County stood. Mr. Stiles asked if any of this could be delayed by the Service Authority. Mr. Jones replied that there was a possibility that it could be delayed until after October, 1983. Mr. Baker asked what the assurance of March, 1984 was as far as having the full amount returned to the County. Mr. Jones stated that he was not sure at this time. Mr. Owings asked Mr. Jones if to the best of his knowledge this would be the last time the Authority would be coming to the Board for an advance. Mr. Jones stated that he would not know this until after July 27th for this is when the Authority would be going to Court on the condemnation hearings. Mrs. Maddox asked if this request could be paid in installments when it is needed. Mr. Jones replied that he was not sure. Mr. Owings stated that he did not have any objection unless the County would have to borrow and if this would become the case then he felt the Authority should have to pay interest. Mr. Jones stated that he would wait as long as he could before request- ing the funds. Mr. Koontz stated that he felt the Board was willing to work with the Authority but did not feel they could obligate themselves to this amount at this time until they found out what the County's cash flow was going to be. �- I NEW BUSI NESS REQUEST FROM THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION FOR TEMPORARY CLOSING OF TWO STATE ROADS - Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, the following was approved: Route 655 - At the Clarke County Line (Opequon Creek) - 174 Construction of a pipe overflow to eliminate an open ford. Route 731 - At 0.80 Mi. West of Route 654 (Babbs Run) - Construction of a pipe overflow to eliminate an open ford. REQUEST FROM ROBERT C. WELLS OF SAGER, INC. - DENIED Mr. Robert Wells of Sager, Inc. appeared before the Board with reference to his request of the Board and that is to have the permission of the Board to obtain copies of records from the Information Services Department dealing with County land records. Mrs. Locke, Information Services Director, appeared before the Board and stated that due to the work load within her Department at this particu- lar time that if the Board approves this request the work would have to be done after regular working hours. The Board discussed with Mrs. Locke the amount of time involved to do this work and the fact that if this request was granted to Mr. Wells how many more Companies would request the same information and the time involved in granting these additional requests. Mr. Wells stated that according to the Freedom of Information Act this information has to be made available. Mr. Ambrogi stated that according to an opinion rendered by the Attorney General's Office the information Mr. Wells is requesting does have to be made available and it is presently available in the Commissioner of the Revenue's Office in the land books, and further that the opinion does not say that the County has to make the same information that is on the tapes in the Information Services Department available. Mr. Vernon Racer, local Realtor, addressed the Board and stated that the services provided by Mr. Wells' company was of great help to the Realtors in the area. Upon motion made by Will L. Owings, seconded by William H. Baker, that the Board maintain the policy that they adopted on August 20, 1982 with reference to this request: Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Board establish as their policy that any records of Frederick County are available to the public as provided for by State Law, provided that the records do not leave the office where they are housed. BE IT FURTHER RESOLVED, that the policy further states that the County will not provide or make available or sell copies of these records. 17 5 Mr. Stiles stated that he had made the original motion but he was not sure he was right in doing this and he felt something could be worked out in this situation. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker and Rhoda W. Maddox. Nay - David L. Smith and Kenneth Y. Stiles. Mrs. Maddox stated that the Information Services Committee would be meeting next week and perhaps something could be worked out with reference to this request. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Mrs. Maddox, Chairman, presented the following report: The Law Enforcement and Courts Committee met on Tuesday, June 7, 1983, at 11:30 A.M., with all members present. Also in attendance were Sheriff Bruce, John Liggett, Chuck Poe, Ann Kelican, Pat Flegal and John Riley. Budget Adjustment - Division of Court Services The Committee reviewed the budget adjustments requested by the Division of Court Services. In reviewing this matter with the Committee, Mr. Poe indicated that these adjustments would not involve any additional cost to the localities. The purpose of the request is to unify the services offered within the Judicial District. The Committee recommends approval of the request. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the above recommendation was approved. Civil Mediation Grant Request Mr. Poe advised the Committee that the purpose of this request is to reduce the number of Civil cases on the General District Court Docket. This process will attempt to settle differences prior to being placed on the Docket through mediation between the parties involved. This is a one year grant with no cost to the locality. The Committee recommends approval. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the above recommendation was approved. Reimbursement Request for Administrative Services The Committee discussed with Mr. Poe the feasibility of allocating funds to Frederick County resulting from the County acting as the fiscal agent for the Division of Court Services. Mr. Poe advised the Committee that normally Court Services is in a break even situation at the end of each fiscal year. The Committee was also advised that if the situation changed 176 and surplus monies were available they would be allocated to the County for fiscal agent responsibilities. The Committee recommends approval of this procedure. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the above recommendation was approved. t from Northwestern Regional Jail Project for Approv it for Mental Health Trainer and Evaluator Mrs. Patricia Flegal, with the Northwestern Regional Jail Project, presented a grant request for a Mental Health Trainer and Evaluator to service the Northwestern Regional Jail Project. There was a lengthy discus- sion concerning this request with overall sentiment being that it was not needed at this time. It was felt that adequate precautions and screening measures were presently in place to alert Jailors to situations involving mentally distressed inmates. It was noted that the other participating jurisdictions have approved this request. approval of this request. The Committee does not recommend Mrs. Flegal and Dr. Milan Majarov appeared before the Board and requested to appear before the Law Enforcement and Courts Committee at their next meeting in order that they might give the Committee more information on this request. Mrs. Flegal stated that the main objection of this request is for the training of the Jailors in order that they will know what and how to react if an inmate in the Jail has a mental disorder. The Board directed that this go back to the Committee for further study. Recommendation for Protective Cages in Sheriffs Department Patrol Cars The County Administrator presented a recommendation from the insurance carrier to install cages in patrol cars. It was felt that the installation of these cages could reduce the risk of injury during transport of prisoners. The price of the cages is $285.00 per vehicle. The Committee recommends that the cages be installed in one patrol car per shift each fiscal year. This phasing process can be implemented over the next three years. This request is forwarded to the Finance Committee for their review and action. There was no action taken. Discussion of Quotes on Jail Alarm Monitoring System The Sheriff presented the attached quotes for installation of an alarm system at the Jail. The purpose of the system is to monitor the rounds made 177 by the Correctional Officers to insure that prisoner checks are made every twenty minutes. A monthly printout will be provided to show when rounds were made and to document same. The Committee recommends approval of this request in the amount of $1,049.00 and the $45.00 monthly charge for monitoring, service and printouts. This recommendation is forwarded to the Finance Committee for their review and action. There was no action taken. Jail Liability Insurance Policy The County Administrator presented the cost for an additional four million dollars of coverage for Jail liability. Anticipated additional cost would be $4,351.85 to be shared equally with the City. The Committee recommends approval of this request through the Finance Committee. The Committee has also instructed the County Administrator to contact the City in order that they may approve same. There was no action taken. SANITARY SEWER MAIN EXTENSION POLICIES Mr. Koontz stated that these policies will be coming to both the Planning Commission and the Board of Supervisors. Al NCO SSES STATEMENT MADE BY ECONOMIC DEVELOPMENT Mr. Stiles stated that as a result of the Board's last meeting a state- ment had been issued by Mr. Palumbo as a member of the Economic Development Commission with reference to double trailers and those highways within the County that should accommodate double trailers. He further stated that with all due respect to the Economic Development Commission he felt this was a matter to be decided by the County's overall highway plan. Mr. Koontz stated that he would discuss this with Mr. Palumbo. ANNUAL SHERANDO FESTIVAL SLATED FOR JUNE 25, 1983 Mr. Koontz stated that he would like to invite everyone to attend the annual Sherando Festival at the Sherando Park in Stephens City on June 25, 1983. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, Section 2.1 -344, Subsection A (1), to discuss Personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION 178 Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. C mari; B ar oferyisgr ; A ik Board o uper s r