August 24, 1983 Special Meeting19b
A Special Meeting of the Frederick County Board of Supervisors was held
on August 24, 1983, at 12:00 noon, in the Board of Supervisor's 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.
ADOPTION OF AGENDA
Mr. Stiles stated that he had an item under "Planning Commission
Business" and a brief presentation regarding the Performance Zoning
Ordinance, and he further requested that item number 2 under "Old Business"
be moved to the first order of business in order that Mrs. Stiles and Mr.
Furchak, who were here for a presentation, would not be detained for a long
period of time.
Mr. Baker stated that under item number 8 of the Finance Committee
Report of July 8th, the figure should read 11 $116,562.00" instead of
11 $120,537.00 ".
Mr. Riley stated that he had a copy of the report from the Auditor of
Public Accounts for each of the Board Members.
Mr. Stiles requested that this Special Meeting be recessed at 2:30
P.M.
Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and
passed unanimously, the agenda was adopted as amended.
PRESENTATION BY MRS. STILES AND MR. FURCHAK OF THE PRIVATE
INDUSTRY COUNCIL
Mrs. Patricia Stiles appeared before the Board and gave an update on
the status of what the Council has been doing and requested that the Board
approve the Preliminary Plan Resolution as well as the Cooperative Agreement
Resolution. She further stated that the other jurisdictions involved had
signed these agreements. Mrs. Stiles further stated that it was her
understanding that the Virginia Employment Commission was also represented
by Mr. Shultz at this meeting and was requesting that the Board approve the
Job Service Plan.
Mr. Kenneth Furchak, County representative on the Private Industry
Council, appeared before the Board and explained how the Council was working
with local industry and that he felt this program was helping to get rid of
the bad feelings that had been left by the CETA Program.
The Board discussed with Mrs. Stiles and Mr. Furchak who would be
eligible to participate in this program and the advantages and disadvantages
to those involved.
Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and
passed unanimously, the following Cooperative Agreement Resolution was
approved:
WHEREAS, Implementation of the Job Training Partnership Act
requires the existence of a Cooperative Agreement among and between local
elected Officials and the Private Industry Council for each Service Delivery
Area designated by the Governor, and
WHEREAS, The Cooperative Agreement must address the follow-
ing issues:
1. The process by which the Annual Plan for Job Training
Partnership Act activities is prepared,
2. The process by which local elected Officials and the
Private Industry Council agree on the contents and joint
submission of the Annual Plan,
3. The designation of a Grant Recipient and an Administrative
Entity and an outline of their respective functions,
and
4. The procedure for assigning liability for disallowed costs
which may arise from Job Training Partnership Act program
activities or administration, and
WHEREAS, The Shenandoah Valley Private Industry Council
and the Executive Sub - Committee of the Shenandoah Valley Service Delivery
Area Steering Committee have agreed to the following:
A. The Annual Plan and any modification to it will be
prepared under the direction of the Private Industry
Council. Local elected Officials will be invited and
encouraged to provide information and advice before and
during the planning process.
B. Local elected Officials will review the Plan before they
and the Private Industry Council jointly submit it to the
Governor's Employment Training Division. If the governing
bodies from as few as six of the sixteen jurisdictions
express written disapproval of the Plan within 35 days
after receiving it, it will be considered to be unaccept-
able and will be revised and resubmitted to all jurisdic-
tions for reconsideration until at least eleven jurisdic-
tions approve its joint submission,
C. The Annual Plan will name the Grant Recipient and the
Administrative Entity and will outline their respective
functions,
D. It is the intent of the Private Industry Council and the
Steering Committee that risk of liability for disallowed
costs which may arise be reduced to the maximum extent
feasible. Involvement of local elected Officials will be
designed to fullfill legislated requirements for coordina-
tion. Operational authority and responsibility will
remain with the Private Industry Council or its designees
as Grant Recipient and Administrative Entity. Both the
Private Industry Council and the Steering Committee intend
that local governments will not share liability unless
they serve as either Grant Recipient or Administrative
Entity, and
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E. The Private Industry Council will issue an annual report
comparing actual performance to the Annual Plan and
present it to the local elected Officials for comment.
Private Industry Council Representatives will appear
before local governing bodies to discuss Job Training
Partnership Act activities upon request.
NOW, THEREFORE, BE IT RESOLVED, that the Frederick County
Board of Supervisors endorse the Agreement between the Shenandoah Valley
Private Industry Council and the Shenandoah Valley Service Delivery Area
local governing bodies as outlined above in Items A through E and that those
items constitute the required Cooperative Agreement among and between the
Shenandoah Valley Private Industry Council and local elected Officials in
the Shenandoah Valley Service Delivery Area.
/s/ S. Roger Koontz Seal
Chairman, Board of Supervisors Title
August 24, 1983 Date
Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and
passed unanimously, the following Preliminary Plan Resolution was approved:
BE IT RESOLVED, that the Frederick County Board of Super-
visors finds the Shenandoah Valley Service Delivery Area Preliminary Plan
for activities to be conducted under Title IIA of the Job Training Partner-
ship Act during the period October 1, 1983 to June 30, 1984 to be accept-
able.
/s/ S. Roger Koontz Seal
Chairman. Board of Supervisors Title
August 24, 1983 Dated
Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and
passed unanimously, the Job Service Plan was approved: (This is available
in the Office of Personnel)
Mr. Stiles and Mrs. Maddox expressed their thanks to those from the
County and City who had given of their time on behalf of this Council.
REAPPOINTMENT TO THE REORGANIZED TRANSPORTATION COMMITT
FROM BACK CREEK, SHAWNEE AND GAINESBORO DISTRICTS -
Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and
passed unanimously, Jacques Billmeyer was appointed to the newly reorganized
Transportation Committee from Back Creek District.
Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and
passed unanimously, Jim Racey was appointed to the newly reorganized
Transportation Committee from Shawnee District.
Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and
passed unanimously, Elmer Lauck was appointed to the newly reorganized
Transportation Committee from Gainesboro District.
APPOINTMENT TO THE SHENANDOAH AREA AGENCY ON AGING -
TABLED
19q
The Board instructed the County Administrator's Office to advertise for
this appointment and the appointment will be made at the Board Meeting on
September 14, 1983.
TERMS ESTABLISHED FOR MEMBERS ON THE REGIONAL AIRPORT
COMMISSION
Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and
passed unanimously, the following terms were established for the County
members of the Airport Commission:
Mr. Brian Krueger - 1 year
Mr. David Smith - 2 years
Mr. Langdon Gordon - 3 years
SELECTION OF AT -LARGE MEMBER TO THE PLANNING COMMISSION -
TABLED UNTIL AFTER EXECUTIVE SESSION
There was discussion by the Board that there might be a possible
conflict of interest with one of the applicants for the At -Large position on
the Planning Commission. After discussion with Mr. Ambrogi it was decided
that this selection would be made following Executive Session.
Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and
passed unanimously, the Board decided to announce the At -Large Member to the
Planning Commission following Executive Session.
REQUEST FROM VIRGINIA ASSOCITION OF COUNTIES AND OTHER
VIRGINIA COUNTIES FOR BOARD SUPPORT OF RESOLUTION DEALING
WITH RECENT CUTS BY THE COMPENSATION BOARD FOR CONSTITU
TIONAL OFFICERS'S OPERATION - APPROVED
Mr. Riley stated that this had been discussed at the LGOC meeting and
the general feeling was that the locality would not pick up the difference
from what the Compensation Board would be funding and the amount needed to
run the Constitutional Officers' offices.
The Board felt that a letter should be sent to the Compensation Board
expressing the Board's feelings on this matter.
Mr. Riley was directed to draft a letter to the Compensation Board
stating that the County would not pick up the difference in the Compensation
Board funding of Constitutional Officers.
CURRENT STATUS OF PROPOSED SALE OF SHAWN
OWED TO COUNTY IN BACK TAXES - DISCUSSED
=LAND AND DEBT
Mr. Stiles stated that he had read an article in the newspaper with
reference to the sale of Shawneeland and further stated that he would like
to know what the current status was of the proposal that was agreed upon by
the County and Mr. Chandler several months ago with reference to the County
receiving the monies owed them by Shawneeland in back taxes.
O
The Board requested that Mr. Riley and Mr. Ambrogi write Mr. Chandler
and request that he submit in writing to the Board an update on the current
status of Shawneeland and just where the County stood at this point on
recovering the funds owed them.
BOARD DISCUSSES COST OF PROPOSED FURNISHINGS FOR JUDICIAL
CENTER
Mr. Stiles stated that there had been a lot of confusion regarding the
proposed furnishings for the Judicial Center and he would like to emphasize
at this time that this matter had not been finalized, and there would be a
meeting held in the very near future to decide on the furnishings for the
Judicial Center.
Mrs. Maddox stated that the general consensus was of the users is that
the prices presented by Mrs. Lacey were very high and that there would be
future meetings in order that this might be discussed.
FINAL APPROVAL OF 1983 -84 ALLOCATIONS AND SIX YEAR IMPROVE-
MENT PROGRAM FROM THE HIGHWAY DEPARTMENT - APPROVED
Mr. Jeff Kessler, representative of the Highway Department, appeared
before the Board to address the allocations and Six Year Improvement
Program.
Mrs. Beverly Sherwood, Chairperson for the improvement of Route 522
North Project, along with some of her Committee Members, was present to
discuss the final decision of the Highway Department with reference to the
522 North Project.
Mr. Kessler stated that the lanes would be straightened and widened but
would not be four -laned at this time.
Mrs. Maddox asked if this work would be done as far as Route 127.
Mr. Kessler replied no.
Mrs. Maddox stated that this is the section of road that is the worst.
Mr. Horne stated that he felt the Board should be represented at the
meeting again next Spring to reinstate their postion on this request.
The Board requested that letters be sent to Mr. Bushman and Mr. Robert
Smalley to reiterate the Board's feelings on this priority project.
Mrs. Sherwood stated that she and her Committee Members would be
following up on this request to the Highway Department.
Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and
passed unanimously, that letters be sent to Mr. Bushman and Mr. Robert
Smalley requesting further assistance on this project of 522 North, and
20-1-
further to request that the original request as made by this Board, for this
section of road be four - laned, not be dropped.
REQUEST FROM THE FREDERICK -WI
FOR ADVANCEMENT OF FUNDS
:HESTER SERVICE AUTHORITY
Due to the fact that Mr. Jones, Secretary- Treasurer of the Service
Authority, was attending another meeting at this time this matter will be
discussed later in the meeting.
REGIONAL JAIL TASK FORCE COMMITTEE UPDATE
Mr. Chuck Poe, Director of the Division of Court Services, appeared
before the Board and stated that at present there are four Sub - Committees
working on this update and that he hoped to have a full report to the Board
by November 15, 1983.
PLANNING COMMISSION BUSINESS
CAPITAL IMPROVEMENTS PLAN PROJECT
Mr. Horne presented this plan to the Board and stated that the
Committee would like some direction from the Board on whether or not they
would like to have Northwestern Mental Health Offices included in this
plan.
Mr. Stiles stated that at the present time Chapter 10 is paying $40,000
per year for rent.
Mr. Horne stated that the Committee's recommendation was not to
consider them in this plan inasmuch as they are not a County agency. He
further stated that at the present time the Committee is only considering
agencies with County employees.
Mr. Horne was instructed by the Board to proceed in this direction with
only considering office space for offices that have County employees.
MASSIE DRIVE ACCEPTED INTO THE SECO
HIGHWAY DEPARTMENT - APPROVED
4RY SYSTEM OF THE
Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and
passed unanimously, the following resolution was approved:
WHEREAS, the Virginia Department of Highways and Transpor-
tation and the Department of Planning and Development have reviewed the
request of Frederick County and recommend the inclusion of that section of
Massie Drive from the end of State maintenance to its intersection with
Williamson Road, containing approximately .14 miles in Senseny Heights
Subdivision in the Shawnee Magisterial District, into the secondary road
system pursuant to the provisions of the Code of Virginia, 1950, as amended;
and,
WHEREAS, the Board of Supervisors does guarantee the Common-
wealth of Virginia, Department of Highways and Transportation, an unre-
stricted right -of -way of sixty (60) feet with necessary easements of cuts,
fill, and drainage recorded in Deed Book 434, Page 529, in the office of the
Clerk of the Circuit Court of Frederick County, Virginia; and,
202
WHEREAS, the Board of Supervisors does guarantee that it
shall maintain this roadway in a condition which meets the Virginia Depart-
ment of Highways and Transportation standards for inclusion into the
Secondary System until such time as the roadway is actually taken into the
Secondary System.
THEREFORE, BE IT RESOLVED, that the Board of Supervisors does hereby
approve this request for inclusion into the Secondary System.
Mr. Stiles requested that those that would be affected by this be
notified that this would not go into effect until July 1, 1984 as far as the
Highway Department taking over this section of road.
STONEWALL DRIVE ACCEPTED INTO THE SECONDARY SYSTEM -
APPROVED
Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and
passed unanimously, the following resolution to accept Stonewall Drive into
the Secondary System was approved:
WHEREAS, the Virginia Department of Highways and Transpor-
tation and the Department of Planning and Development have reviewed the
request of Frederick County and recommend the Inclusion of that section of
roadway known as Stonewall Drive containing approximately .2 miles in the
Stonewall Orchard Lots, Number 1 and 2, in the Back Creek Magisterial
District, into the secondary road system pursuant to the provisions of the
Code of Virginia, 1950, as amended; and,
WHEREAS, the Board of Supervisors does guarantee the Commonwealth of
Virginia, Department of Highways and Transportation, an unrestricted right -
of -way of forty (40) feet with necessary easements of cuts, fill, and
drainage recorded in Deed Book 564, Page 269, in the office of the Clerk of
the Circuit Court of Frederick County, Virginia.
THEREFORE, BE IT RESOLVED, that the Board of Supervisors
does hereby request that the Virginia Department of Highways and Transporta-
tion accept this roadway into the Secondary System pursuant to Section
33.1 -72. 1 of the Code of Virginia, 1950, as amended.
REQUEST FROM INDUSTRIAL DEVELOPMENT AUTHORITY FOR BOND
APPROVAL FOR ROBERT C. TULLI - APPROVED
Mr. Horne presented this request on behalf of the Industrial Develop-
ment Authority. He stated that Mr. Robert Tullius had made application to
the Industrial Development Authority for Industrial Revenue Bonds for up to
$200,000.00 and further that these bonds are to be used for a 10,000 square
foot aircraft hanger to be located at the Winchester Airport.
Mr. Owings stated that since it was required of the County to approve
the bonds, did the County have any guarantee that if there was a default
that it would not come back on Frederick County, and if so, why was the
County being asked to approve this if there was not a financial obligation —
down the road.
Mr. Horne stated this is what the Federal Law states.
Mr. Stiles stated that he felt some guidelines needed to be drawn up on
this and further that he did not necessarily agree with the way this was
handled, but he did not know of any grounds the Board had to deny it.
2,03
Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and
passed unanimously, the following resolution was approved:
WHEREAS, the Industrial Development Authority of the County
of Frederick, Virginia (the "Authority "), has considered the application of
Robert C. Tullius (the "Applicant ") requesting the issuance of the
Authority's industrial development revenue bonds in an amount not to exceed
$200,000 (the "Bonds ") to assist in the financing of the Applicant's acqui-
sition, construction and equipping of a hangar (the "Project ") to be located
at the Winchester Airport in the County of Frederick, Virginia, and has held
a public hearing thereon on August 3, 1983; and
WHEREAS, Section 103(k) of the Internal Revenue Code of
1954, as amended, provides that the governmental unit having jurisdiction
over the issuer of industrial development bonds and over the area in which
any facility financed with the proceeds of industrial development bonds is
located must approve the issuance of the bonds; and
WHEREAS, the Authority issues its bonds on behalf of the
County of Frederick, Virginia (the "County "); the Project is to be located
in the County and the Board of Supervisors of the County (the "Board ")
constitutes the highest elected governmental unit of the County; and
WHEREAS, the Authority has recommended that the Board approve the
issuance of the Bonds; and
WHEREAS, copies of the Authority's resolution approving the
issuance of the Bonds, subject to the terms to be agreed upon, a certificate
of the public hearing, and a Fiscal Impact Statement have been filed with
the Board;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF FREDERICK, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for
the benefit of the Applicant, as required by Section 103(k) and Section
15.1 - 1378.1 of the Virginia Code, to permit the Authority to assist in the
financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness
of the Project or the Company.
3. This Resolution shall take effect immediately upon its adoption.
BOARD DISCUSSES RESIDENTIAL PERFORMANCE ZONING ORDINANCE
AND GIVES APPROVAL FOR SAME TO BE ADVERTISED FOR PUBLIC
HEARING
Mr. Horne presented this and stated that the Planning Commission, at
their worksession on August 22, reviewed this ordinance and approved it with
minor changes. He stated that the Commission has requested that the Board
give approval for this to be advertised for adoption by the Board at their
meeting on September 28, 1983.
Mrs. Maddox inquired about whether or not underground lines were
included in this report.
Mr. Horne stated that after discussion it was felt this would not be
included at this time. He requested that all sticky issues that the Board
might have be resolved before the public hearing.
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Upon motion made by Rhoda W. Maddox, seconded by David L. Smith and
passed unanimously, to advertise this ordinance for public hearing to be
heard at the Board Meeting on September 28, 1983.
REQUEST FROM FREDERICK - WINCHESTER SERVICE AUTHORITY FOR
AN ADVANCEMENT OF FUNDS - APPROVED
Mr. Wellington Jones, Secretary- Treasurer to the Frederick - Winchester
Service Authority, appeared before the Board and requested that the Board
advance the Authority $70,000. He stated that the City had given their
approval for their advancement of $70,000.
Mr. Owings asked if this loan was to be interest free.
Mr. Jones replied yes.
Mr. Baker asked what the amount was at present that the Service
Authority owed the County.
Mr. Jones replied $300,000.
Mr. Koontz stated that the County is in this project with the City.
Mr. Owings asked when the grants would be forthcoming for this
project.
Mr. Jones stated that he did not know at this time.
Mr. Stiles asked Mr. Jones when he anticipated it would be necessary
for the Koons family to move in order that the Authority might start on this
project.
Mr. Jones stated that he was not sure, that it could be as soon as next
Spring.
Mr. Stiles asked if the Koons family had been charged any rent up to
this time.
Mr. Jones replied no.
Mr. Stiles made the following statement:
Mr. Stiles stated that the County really didn't have any alternative
but to pay this money, but he believed the County was locked into an open
ended committment for funds right now that he did not like. Mr. Stiles
further stated that Mr. Koontz, Mr. Kern, Mr. Robinson and himself met with
the staff members of the Service Authority several months ago, on a very
informal basis, and he thought the majority of them arrived at the conclu-
sion that they would talk to the Koons about a settlement total for purchase
and relocation in the neighborhood of $340 to $350,000. He stated that he
left that meeting with the instructions to talk with the Koons about this
again on a very informal basis which he did, and they indicated a willing-
ness to at least consider, but no offer was ever forthcoming and there was
reluctance by the Service Authority, for a variety of reasons, to even make
a consideration of settling at that level. Mr. Stiles further stated that
as a result of that reluctance, the outcome at the very least that he saw,
was that they are going to end up spending additional taxpayers' money
because he thought that the ultimate cost, once the relocation costs were
added in, would be greater than the $340 to $350,000 that they talked about
so the taxpayers lose, and the Koons also lose because the additional legal
costs that they have incurred, even if they get $375 or $400,000 total they
could well be with less money than they would have had if they could have
worked out that settlement. He stated he was distressed to say the least
that after they spent considerable time and effort to try and work this out
that the ball was dropped on it. He further stated that he did not think it
served the taxpayers of Frederick County and Winchester well and did not
serve the Koons well.
Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and
passed unanimously, to advance $70,000 to the Frederick - Winchester Service
Authority with the stipulation that the County receive interest at the same
rate they are receiving for funds currently on deposit at the Bank. ,,
FIRE AND RESCUE COMMITTEE REPORT
Mr. David Smith, Chairman of the Fire and Rescue Committee, presented
the following report:
The Fire and Rescue Committee met on July 25, 1983, at 7:30 P.M., in
the Roundhill Fire Company facility. The following Companies were
represented: Greenwood, Roundhill, Gainesboro, Middletown, Reynolds Store,
Star Tannery, Clearbrook and Gore. Also present were Bill Baker and Bob
Harriman. The folowing items were discussed:
A. The Fire Companies had expressed an interest in obtaining Frederick
County seats in decal form to mount on their emergency vehicles. A large
rendition on acetate was made by the Graphic Artist and a color code was
provided. The information was forwarded to the Industries Division of the
District of Columbia's Department of Corrections for a price quotation. The
Industrial Division would produce multiple reflective copies of the seal
(10" in diameter) with color transparent inks for greater reflectivity as
follows:
150 @ $5.07 each - $ 760.50
250@ $3.65 each - $ 912.50
500 @ $2.55 each - $1,275.00
The Fire Companies need a minimum of 82; this includes 1 per side /-
vehicle. The Committee recommended that this item be forwarded to the Code
and Engineering Committee for further study.
There was no action taken.
B. Mr. Homer Sanders, a retired Fairfax County Fire Official, has been
asked to address the Code and Engineering Committee at their next regular
monthly meeting (August 3), regarding a fire code.
There was no action taken.
C. Status of hydrant testing by the Sanitation Authority was given.
It is expected that a complete list of locations and flow values will be
available to the firefighters by October 1.
200
There was no action taken.
D. Each company was asked to provide a list of needs to the Public
Services Director to assist him in group purchasing.
There was no action taken.
LAW ENFORCEMENT AND COURTS COMMITTEE REPORT - ITEM NUMBER
5
Mrs. Maddox, Chairman of the Law Enforcement and Courts Committee,
presented item number 5 of the report:
Discussion of Request for a "No Hunting Ordinance"
The Committee reviewed the State Enabling Legislation regarding a "No
Hunting Ordinance ". After a lengthy discussion, including the possibility
of homeowners posting their own property, the Committee recommends that no
Ordinance be drafted for Public Hearing at this time.
Mrs. Barbara Van Osten, President of the Stonebrook Homeowners Associa-
tion, appeared before the Board on behalf of her request to have the County
enact a "No Hunting Ordinance ".
Mr. Thomas Schultz, representing Wilde Acres Homeowners Association,
appeared before the Board to make the same request as this had been a
concern of the property owners for the past ten years within this subdivi-
sion. He further stated that he was making this ordinance request on behalf
of the property owners of Wilde Acres Subdivision only and noone else. He
stated that they are requesting that this be advertised for public hearing
for the next Board Meeting, and further that the Wilde Acres Association
would bare the responsibility of posting the "No Hunting" signs. Mr.
Schultz further stated that the other subdivisions making this request did
have their protection of "No Hunting" within 100 yards of the public road as
spelled out in the State Code, but this is not the fact with Wilde Acres as
there are no public roads within this subdivsion.
Mr. Baker stated that he felt that the people of Wilde Acres have
elected by choice to be there and further that they have in fact endured
many, many things that other members of the County do not have to endure,
the fact that they are a recreational subdivision. He further stated that
they are asking for consideration for an ordinance to be advertised to
protect them within the confines of the subdivision which is enternal and
not external. He stated that he felt it would be in order to offer a motion
to have this advertised.
207
Mr. Baker made the motion and Mr. Owings seconded to have this
ordinance advertised for Wilde Acres Subdivision.
Mr. Stiles asked if it was necessary for the County to enact a separate
ordinance for each subdivision with regard to these various requests.
Mr. Ambrogi stated that this would have to be done as each subdivision
makes a request for a "No Hunting" within their subdivision.
The above motion was approved by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, David L. Smith and
Kenneth Y. Stiles. Nay - Rhoda W. Maddox.
Mr. Baker requested that item number 5 (as advertised above) be tabled
for any further action until the second meeting in September. He further
requested that the Law and Enforcement and Courts Committee review the
request of Mrs. Van Osten for whatever consideration might be granted
relative to an ordinance being considered for a buffer zone. He further
stated that this had been his original request some several months ago.
Mr. Stiles stated that the Law Enforcement and Courts Committee had
done this and their recommendation was included in the report that was
presently being referred to and he would suggest that if the Board does not
agree with this, then he felt the proper course of action would be to refer
it to the Code and Engineering Committee to draft an ordinance.
Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and
passed unanimously, Mrs. VanOsten's request was tabled until after the
public hearing on the Wilde Acres Subdivision request on September 28,
1983.
FINANCE COMMITTEE REPORT - ITEM NUMBER 8
Mr. Baker, Chairman of the Finance Committee, presented item number 8
of the report.
Requests for Carry Forward Funds
School Operating Fund:
The Committee reviewed a request from the Frederick County Public
Schools for the following 82 -83 appropriations to be carried forward for use
in 83 -84. It is recommended the carry forward be granted as requested with
the exception of the O.T.H.E.R. program in the amount of $156,821.00.
Mr. Stiles asked if this was in addition to the $115,000 that the Board
had approved earlier.
Dr. Walker appeared before the Board and stated that previously the
Board had indicated that the School Board could carry forward any unexpended
208
funds and that no amount was stipulated at that time. He stated that as
time approached to the close of the final budget their projection of a
figure that was safe at that time was $115,000 and that was built into the
83 -84 budget. He stated that the O.T.H.E.R, unexpended funds were not built
in and the School Board was requesting at this time that these funds be
appropriated in the amount of $183,280.71.
Mr. Stiles stated that he understood that the total excess of revenue
of expenses for last year was in the neighborhood of $298,000.
Dr. Walker stated that was correct and he explained how this surplus
came about.
Mr. Stiles stated that he felt those type of funds should be spent for
capital type expenses rather than be built into the operating budget. He
further stated that the two items in the list that he perceived to be
something other than capital type expenditures are the O.T.H.E.R. Program
which is being recommended to be dropped and not carried forward, and the
Gifted and Talented Program. Mr. Stiles asked Dr. Walker where he intended
to put the $16,000 in the Gifted and Talented Program.
Mr. Clever, staff member of the School Board, appeared before the Board
to explain the Gifted and Talented Program and why the extra funds were
being requested. Mr. Clever explained to the Board who was enrolled in the
O.T.H.E.R. Program and how the School Board felt it was of benefit to
certain County students.
Mr. Stiles stated that he felt the Board should adopt the recommenda-
tion as presented by the Finance Committee and if the program is as valuable
as is indicated then the School Board could shuffle some of their funds in
the existing operating budget in order that it might be funded.
Mr. Koontz stated that he knew the County needed School buses but he
felt it was more important to increase classroom personnel than to increase
School buses.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the Finance Committee's recommendations as presented in
this report were approved.
Dr. Walker requested that he be allowed to amend the request of the
School Board and spend the amount requested for the O.T.H.E.R. Program on
an additional School bus instead.
Mr. Owings withdrew his second and Mr. Baker withdrew his motion.
209
Upon motion made by William H. Baker and seconded by Will L. Owings
the request of the School Board for the School operating fund transfer in
the total of $183,280.71 was authorized, with the exception of $26,459.11
requested for O.T.H.E.R. Program, which is to be used toward the purchase of
a fifth School bus.
Mr. Stiles stated that he agreed with Mr. Koontz with his contention
that there were are too many School buses running around Frederick County.
The above motion was passed by the following recorded vote: Aye - Will
L. Owings, William H. Baker, Rhoda W. Maddox, David L. Smith and Kenneth Y.
Stiles. Nay - S. Roger Koontz.
DR. WALKER INVITES BOARD MEMBERS TO TOUR NEW SCHOOL BOARD
FACILITIES
Dr. Walker stated that he would like for the Board Members to set up a
time that would be convenient for them to tour the new School Board facili-
ties at the old Kline School.
Board recesses until 7 :00 P.M., August 24, 1983.
A Regular meeting of the Frederick Board of Supervisors was held on
August 24, 1983, at 7:00 P.M., in the Board of Supervisor's 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 Malcom Lerch of the
Stephens City Lutheran Church.
PUBLIC HEARINGS
CUP #007 -83 -YUSAF ALi - BACK CREEK MAGISTERIAL DISTRICT -
TABLED
Mr. Horne stated that this conditional use permit had been appealed to
the Board of Zoning Appeals.
Mr. Baker asked if, pending outcome of the Board of Zoning Appeals,
would this go back through the whole procedure again.
Mr. Horne stated this would not be going back to the Planning Commis-
sion but all persons involved would be notified again.
CUP #008 -83 - R. D. BROWN - BAUSERMAN OIL COMPANY, INC. -
STONEWALL MAGISTERIAL DISTRICT - APPROVED
210
Mr. Horne presented this request for an off - premise highway sign and
stated that the Planning Commission had recommended denial of this request.
Mr. Brown appeared before the Board on behalf of his request.
The Board discussed with Mr. Brown the objections the Planning Commis-
sion had in this matter and whether or not this would set a precedent if
given Board approval.
Mr. Koontz asked if the Board approved this, and there was a great
influx of request for the same type of sign, could some kind of condition be
attached that would prohibit this.
Mr. Horne stated that such a condition could be attached and the staff
recommendation was to deny.
Mr. Stiles stated that if the Board approved this it was his intention
to have the Planning Commission establish a permanent policy for an
ordinance amendment that would address this type of request. He further
stated that Mr. Brown had requested a conditional use permit and he did not
feel he should have to wait for this permit until such time as this
amendment is written.
Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings,
conditional use permit #008 -83 of R. D. Brown, Bauserman Oil Company, Inc.,
P. O. Box 3336, Winchester, Virginia, for two Off - Premise Highway Signs was
approved with conditions. This property is designated as Parcel Number 86 -0
on Tax Map Number 33 -A and Parcel Number D -0 on Tax Map Number 44 (1) in 1:1 e
Stonewall Magisterial District.
The above resolution was approved by the following recorded vote: aye
- S. Roger Koontz, Will L. Owings, David L. Smith and Kenneth Y. Stiles,
nay - William H. Baker and Rhoda W. Maddox.
CUP #009 -83 - GARY RAY HUNT - BACK CREEK MAGISTERIAL
DISTRICT - APRPOVED
Mr. Horne presented this request and stated that the Planning Commis-
sion recommended approval with conditions.
Mr. Hunt appeared before the Board on behalf of his request.
Noone appeared in opposition to this request.
Upon motion made by William H. Baker, seconded by David L. Smith and
passed unanimously, conditional use permit #009 -83 of Gary Ray Hunt, Mt.
Falls Route, Box 146 -A, Winchester, Virginia, for a Cottage Occupation,
Small Engine Repair was approved. This property is designated as Parcel
Number 1 -13 on Tax Map Number 60 in the Back Creek Magisterial District.
211
REZONING
MAGISTER
ON #002 -82 - LEON B. ZEIGE - BACK CREEK
Mr. Horne presented this request and stated that the staff had recom-
mended denial and further that the Planning Commission had recommended
approval by a five to three vote.
Mr. Tom Dickinson, Attorney, appeared before the Board on behalf of Mr.
Zeiger. He stated that Mr. Zeiger had spent approximately $7,000 on this
property for improvements and that these improvements were done when the
property was zoned B -2, and that the property was down zoned after this time
to Agricultural.
Mrs. Maddox asked what the building had originally been used for.
Mr. Stiles replied a garage.
Mr. Horne stated that there are a number of uses that this building
could be used for but retail business is not one of them.
Mr. Dickinson stated that the inquiry that Mr. Zeiger received for use
of this building was for a retail outlet store.
Mrs. Maddox stated that she felt a problem existed with the entrance
into this location from the main highway and further that she could forsee
this being a problem as far as safety was concerned.
Upon motion made by William H. Baker and seconded by Kenneth Y. Stiles,
that rezoning request #002 -82 of Leon B. Zeiger, 2801, 38th Street, N.W.,
Washington, D.C., to rezone 2.562 acres from A -2 (Agricultural - General) to
B -2 (Business - General) was to be approved. This property is designated as
Parcel Number 152 on Tax Map Number 51 in the Back Creek Magisterial
District.
The above resolution was denied by the following recorded vote: aye -
Will L. Owings and William H. Baker, nay - S. Roger Koontz, Rhoda W. Maddox,
David L. Smith and Kenneth Y. Stiles.
REZONING PETITION #011 -83 - CHARLES C. AND ELAINE
LONGERBEAM - SHAWNEE MAGISTERIAL DISTRICT - DENIED
Mr. Horne presented this request and stated that the Planning Commis-
sion recommended denial.
Mr. and Mrs. Longerbeam were not present at the meeting.
Upon motion made by David L. Smith and seconded by Kenneth Y. Stiles,
that rezoning petition #011 -83 of Charles C. and Elaine B. Longerbeam, P.
O. Box 236, Boyce, Virginia, to rezone 153.7111 acres now zoned A -2 (Agri-
cultural - General) to R -3 (Single Family Residential) was to be approved.
212
This property is designated as Parcel Number 182 on Tax Map Number 55 in the
Shawnee Magisterial District.
The above resolution was denied by the following recorded vote: aye -
Will L. Owings, David L. Smith and Kenneth Y. Stiles, nay - S. Roger Koontz,
William H. Baker and Rhoda W. Maddox.
ZMAP #005 -83 - WESTMINSTER /CANTERBURY /WINCHESTER, INC. -
GAINESBORO MAGISTERIAL DISTRICT - APPROVED
Mr. Horne presented this request and stated that the Planning Commis-
sion had recommended approval.
Mr. Koontz asked who would be responsible for putting in the fire
hydrants.
Mr. Horne replied that the applicant would. Mr. Horne addressed the
run -off that would be caused by this project and how Westminster/ Canter-
bury /Winchester, Inc. planned to take care of this problem.
Mr. George Romine, President of the Board of Westminster /Canterbury /-
Winchester, Inc., appeared before the Board and stated that he had discussed
this with the Architect but that no final decision had been made.
Mr. Koontz stated that he did not see how the County could vote on this
request when they did not have all of the necessary information, and further
that things should be pretty well finalized before they come to the Board
for their decision, and further that he was personally opposed to conditions
being added after the rezoning request was heard by the Board.
Mr. Baker stated that it would be rather ridiculous for Mr. Romine and
his Associates to spend the money that they had spent to come in and present
something to the Board that they didn't feel comfortable with.
Mr. Rudy Jennings, Architect, and serving as Project Manager for the
design firm of Sheretz, Franklin, Crawford and Shaffner, appeared before the
Board and stated that he would like to refer this drainage request to Mr.
Romaine Kesecker, Land Planner, who was responsible for preparation of this
plan.
Mr. Kesecker appeared before the Board and stated that as far as the
drainage problem is concerned a great deal more study had to be done in that
particular area to decide which method would be used to practically get the
water off the site and to maintain the discharge rate that is currently
being discharged from the site.
Mr. Stiles stated that the Board can require, according to ordinance,
and specially control the rate of run -off and how long that rate goes.
213
Mr. Kesecker stated that one of the alternatives that was mentioned was
to pipe the storm water from the site past the residents, which certainly
would eliminate any of this problem, and further that this water would be
piped to an existing stream.
Mr. Stiles stated that if that avenue is pursued that would also leave
the possibility of the residents being able to put some sort of drain into
this pipe above their houses and in fact alleviate the problem that
currently exists.
Delegate Alson Smith appeared before the Board and stated that if he
understood what was being said, not only would the County be guaranteed that
there would be no more water going down the revene than presently was, plus
according to Mr. Kesecker this plan would help relieve the current problem
with drainage.
Mr. Kesecker stated that was correct, that if this method was used the
problem would definitely be relieved.
Mrs. Maddox asked if a French drain was used, was there a possibility
of compounding the drainage problem.
Mr. Kesecker stated that the French pipe itself would not compound the
problem.
Mrs. Maddox stated that she felt Mr. Koontz was referring to what
recourse the County would have, if in a year after this project was
completed, and the problem of run -off was not satisfactorily corrected,
where did this leave the County legally.
Mr. Horne stated that there was no regulatory recourse that the Board
would have, that the only regulatory function that the Board could take
would be to deal with the run -off rate. He stated if there was a design
that was proposed of any type, and it was placed in as per the site plan as
approved by the Planning Commission, and in this case the Board, and then
that failed for some reason, to alleviate the problem, then there would not
be a recourse at that point. Mr. Horne further stated that the run -off
amount needed to be decided tonight.
Mr. Russell Hyatt, Mr. Larry Strowbridge, Ms. Beatrice Fincham and Ms.
Unger appeared before the Board and stated that they all were residents of
this immediate area and discussed their concerns mainly about any further
run -off than they are presently experiencing. They all expressed to the
Board their feelings concerning this and told them of the problems that they
had had in the past with flooded basements, etc. caused by the current run-
214
off in this area and they did not need any additional run -off that could
possibly be caused by this proposed project.
Mr. Romine stated that as Chairman of the Board he would make a commit-
tment to the Board of Supervisors and if the pipeline as outlined by the
Architect was the answer to this current problem, then Westminster /Canter-
bury /Winchester, Inc, was willing to consider this.
Delegate Alson Smith stated that he felt if Westminster /Canterbury/-
Winchester, Inc. was willing to make a committment to what had been
discussed tonight as far as the pipeline was concerned, and apparently they
were, then that is all he felt the County needed.
Mrs. Maddox stated that she felt that Westminster /Canterbury/-
Winchester, Inc. would be an ideal neighbor to have on the hill if it is
going to be developed rather than detached residents on small lots.
Upon motion made by Rhoda W. Maddox, seconded by David L. Smith and
passed unanimously, zoning map amendment petition #005 -83 of Westminster/ -
Canterbury /Winchester, Inc., P. O. Box 3301, Winchester, Virginia, consist-
ing of 15.59 acres now zoned R -3 (Residential - General) to be rezoned R -6
(Multi-Family) was approved. This property is designated as Parcel Number
63 on Tax Map Number 53 in the Gainesboro Magisterial District.
Mr. Stiles stated that he felt Westminster /Canterbury /Winchester, Inc.
would be an assest to the County and that he would work with the staff and
Westminster/ Canterbury, Winchester, Inc. to help in any way that he could.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE (ADOPTED
JULY 12, 1978) BY THE ADDITION OF SECTION 6 -3.1 TO
ARTICLE I, CHAPTER 6 TO BE EFFECTIVE OCTOBER 1, 1983 -
APPROVED
Mr. Riley presented this ordinance amendment to the Board.
Dr. Pedersen, Director of the Frederick County Health Department,
appeared before the Board to answer questions concerning the fees that would
be in effect if the Board approves this ordinance amendment.
Mr. Stiles stated that he guessed he was willing to accept this
ordinance amendment but felt it should be reviewed at the end of one year.
Mrs. Maddox stated that she had a problem with the possibility of a
person being charged in more than one category.
Upon motion made by Will L. Owings and seconded by David L. Smith, the
following ordinance to amend the Frederick County Code (adopted July 12,
1978) by the addition of Section 6 -3.1, to Article I, Chapter 6 was
approved:
215
APPLICATION FEES
FREDERICK COUNTY HEALTH DEPARTME
Date
Remittance of fees should be made payable to the Frederick County Health
Department. Permits, approvals, and /or evaluation reports will not be
issued prior to receipt of payment for application fees. Please present
this form to the Frederick County Health Department with appropriate
payment for requested services.
(cash or certified check)
GENERAL
Application for permit to construct individual sewage disposal
or treatment system for lots or sites not previously approved
in connection with subdivision or other site evaluations
$ 50.00
Application for permit to install individual system for lots
previously approved in connection with subdivision or other
site evaluations $ 25.00
Application for renewal of permit
SUBDIVISION EVALUATIONS
$ 10.00
Field inspection and review - Administrative fee $ 50.00
Cost per lot
( Number of lots = X $25.00 = $ 50.00
OTHER SITE EVALUATIONS
Field inspection and review - Administrative fee $100.00
Cost per test hole
( Number of test holes = X $25.00 = $ 25.00
PERCOLATION TEST
First series $100.00
Each additional series $ 50.00
Name
Subdi
Date Payment Received
Case Number
Address
Lot No.
CK CASH
The above resolution was passed by the following recorded vote: aye -
S. Roger Koontz, Will L. Owings, William H. Baker, David L. Smith and
Kenneth Y. Stiles, nay - Rhoda W. Maddox.
FINANCE COMMITTEE REPORTS
Mr. Baker, Chairman of the Finance Committee, presented the following
report:
216
The Finance Committee met on July 18, 1983, with Mr. Baker and Mr.
Owings present. Also attending were the Finance Director, County Admini-
strator, Commonwealth's Attorney, Clerk of the Circuit Court, Personnel
Director and Budget Analyst.
Request of Additional Funds for Circuit Court Judge Secretary
The Committee heard a request from the Clerk of the Circuit Court for
an additional $800.00 from Frederick County to fund a salary increase for
Judge Woltz's secretary. The Committee recommends that a transfer from the
contingency account be authorized to fund this request.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the above recommendation was approved.
Request to Supplement Assistant Commonwealth's Attorney
The Committee heard a request from the Commonwealth's Attorney to pay
his Assistant the amount that is budgeted in lieu of the amount allowed by
the Compensation Board. The Finance Director explained that the salary paid
last year was $11,555.04, the increase allowed by the Compensation Board is
$297.96 resulting in a total salary of $11,853.00 for the 83 -84 fiscal year.
The County has budgeted $12,155.00 for this position or a difference of
$302.00. The Committee recommends that the Assistant to the Commonwealth's
Attorney be compensated at the rate of $12.155.00 per the 1983 -84 budget.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the above recommendation was approved.
Request to Carry Forward Funds for Completion of Kline School
Renovation
The Finance Director presented a recap of the Kline Renovation Project
and requested that appropriations in the amount of $55,097.91 be carried
forward into the 83 -84 fiscal year to complete the project. The Committee
recommends approval.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the above recommendation was approved.
Request to Carry Forward Funds to Fund Jail Project
The Finance Director requested that $17,000 of unused 82 -83 appropria-
tions be carried forward to fund the jail project approved at the July 13,
1983 Board meeting. The Committee recommends approval.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the above recommendation was approved.
Request for Funds for Parks Project
21
The County Administrator presented a request from the Parks and Recrea-
tion Department for the County to consider supplying funds in the amount of
$13,610.00 to complete the landscaping project at Sherando Park. The
Commission of Outdoor Recreation has allocated $11,390.00 for this project.
The Committee recommends that the $500.00 per month payments from Frederick -
towne be allocated to this project within Opequon District, and that a
budget adjustment be made to reflect this action.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the above recommendation was approved.
Mr. Stiles asked why the County was spending $27,000 on landscaping.
Mr. Riley stated that part of this was through a grant.
Mr. Stiles requested that the Board be given a complete breakdown on
this project.
Request for Bid Proposal Assistance on Insurance Package
The Finance Director requested that a maximum of $3,000 be allotted to
hire an Insurance Consultant to prepare insurance bid specifications for
insurance coverages which must be renewed by September 29, 1983. Due to the
time frame involved and the fact that the Finance Director is leaving on
September 1, 1983, and staff time will, of necessity, have to be allocated
to routine functions of the department, the Committee instructed the Finance
Director to proceed in securing the necessary assistance.
There was no action taken.
Year End Report
The Finance Director informed the Committee that revenues and unspent
appropriations for 1982 -83 were greater than anticipated. Rough estimates
at this point in time indicate that after allowing for carry forward funds
to complete unfinished projects and advances to the Frederick - Winchester
Service Authority, etc., the net result of operations should result in an
increase of approximately $160,000.00. Detailed statements should be
available by the next Board meeting date.
There was no action taken.
Judicial Center Contingency Funds
The Finance Director and County Administrator reported to the Committee
that contingency funds for the Courthouse project have not been budgeted.
All amounts furnished to the Finance Director never included any amounts for
contingencies separate and distinct from estimated construction costs or
actual contracted costs. Consequently, a supplemental appropriation in the
218
amount of $50,800.50 is presently required to fund change orders to date,
and an additional estimated $69,736.50 will be necessary to fund the entire
5% contingency amount. The Committee recommends that a supplemental
appropriation in the amount of $116,562 be authorized to fund the Courthouse
contingencies.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the above recommendation was approved.
Mr. Baker presented the second Finance Committee report as follows:
The Finance Committee met on August 16, 1983 with Mr. Baker and Owings
present. Also attending were the County Administrator, Finance Director,
Personnel Director, Parks and Recreation Director, Regional Jail Project
Coordinator and Superintendent of Schools.
Year End Report
The Committee reviewed the year end report presented by the Finance
Director. The Finance Director indicated that it appears the County will
not have to borrow money to operate during this fiscal year.
There was no action taken.
Incentive Pav Plan
The Committee reviewed the Revised Incentive Pay Plan and Incentive Pay
Levels and recommends approval as presented.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the Incentive Pay Plan rate that was established on
November 12, 1981 was approved.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the Revised Incentive Pay Plan was approved as
presented.
Frederick - Winchester Service Authority Cash Flow
The Committee reviewed the information presented by the Frederick-
Winchester Service Authority on their current projected expenditures.
There was no action taken.
Grant for Library Funds
The Committee recommends approval for the grant -in -aid for The Handley
Library in the amount of $6,389.00.
Upon motion made by William H. Baker, seconded by Will I. Owings and
passed unanimously, the above recommendation was approved.
Expansion of CDI Program into Rockingham County
219
The Committee reviewed the request from the Division of Court Services
Director to transfer $40,880.00 to establish and staff a Work Release Center
in Rockingham County. These funds would be transferred from Residential
Services. The Committee recommends approval.
Upon motion made by William H. Baker, seconed by Will L. Owings and
passed unanimously, the above recommendation was approved.
Towing Problem Sheriffs Department
The Committee reviewed the memorandum from the Sheriff stating problems
for payment for wrecker services. The Committee recommends that the County
pay the towing bill for wrecker service and the Sheriffs Department collect
payment after the court case is settled. The Finance Committee further
recommends that $500.00 be transferred from the contingency reserve to fund
this activity for FY- 83 -84.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the above recommendations were approved.
Personal Property Exoneration List
The County Administrator advised that the personal property exoneration
list is available in the County Administrator's Office if any Board Member
is interested in obtaining a copy for review.
There was no action taken.
Requests for Carry Forward Funds
General Operating Fund:
The Committee recommends approval for the following 82 -83 appropria-
tions to be carried forward for use in 83 -84:
Parks and Recreation
Commonwealth's Attorney
Personnel
Board of Supervisors
County Administrator
Finance
Commissioner of Revenue
Welfare
$19,326.86
1,338.00
414.46
860.18
2,600.00
600.00
2,500.00
7,763.00
Total $35,402.50
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the above recommendation was approved.
The Committee forwarded to the Board the following request with no
recommendation.
Sheriff (Two Road Deputies)
$34,822.00
Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles,
the above request was approved.
220
The above resolution was passed by the following recorded vote: aye -
S. Roger Koontz, William H. Baker, Rhoda W. Maddox, David L. Smith and
Kenneth Y. Stiles, nay - Will L. Owings.
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox an(
passed unanimously, that in the event these two positions are lost through
attrition or are not picked up by the Compensation Board, then these two
positions would not be funded by the County.
Northwest Regional Jail:
The Committee recommends approval for the following 82 -83 appropria-
tions to be carried forward for use in 83 -84:
Unemployment Compensation $ 2,176.40
Contingencies 17,273.26
Total $19,449.66
It is recommended that before the above contingency funds are expended
that the Board of Supervisors receive a recommendation as to the proposed
use of funds from the Regional Jail Board.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the above recommendation was approved.
School Operating Fund:
(This was done earlier in the meeting.)
Courthouse Complex Funds:
The Committee recommends that the 82 -83 funds remaining in the Court-
house Fund in the amount of $334,612.28 be carried forward to 83 -84. This
action requires no additional local funds.
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the above recommendation was approved.
INFORMATION SERVICES COMMITTEE REPOR
Mrs. Maddox, Chairman of the Information Services Committee, presented
the following report:
The Information Services Committee met on August 16, 1983 with all
members present. The Committee makes the following report and recommenda-
tions.
Contract Agreement - UDS 2000 Entry Equipment
The Director of Information Services presented a proposal to change the
current 1 year rental agreement to a 5 year lease /purchase agreement. The
County would realize an $8,300.00 savings with this type of agreement while
also being able to upgrade the UDS 2000 equipment if necessary. An
additional savings will be received by applying an approximate credit of
221
$2,000.00 from rental already paid during the first year. The Committee
recommends approval.
Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and
passed unanimously, the above recommendation was approved.
Electronic Cash Register Equipment Specifications
The Committee reviewed and approved bid specifications for vendors to
use as a guideline when submitting their proposals. The specifications
addressed areas such as format, equipment type and quantity and general
information requiring their response. Advertisement for bids will appear
August 22, 1983. Bid closing will be September 6, 1983, 2:00 P.M.
There was no action taken.
Word Processing Usage Report
Log -on activity sheets were reviewed for each of the Word Processing
machines. The Committee expressed their appreciation for the cooperation
extended by the Operators in order to provide this useful information.
There was no action taken.
Security - Terminated Employees
The Director of Information Services requested that a policy be
developed for use by that Department in the event of an employee's resigna-
tion. A concern was voiced during this year's audit about the absence of
such a policy to protect security areas. The Committee instructed the
Director of Information Services to work with the Director of Personnel in
drafting a policy along the guidelines discussed. It will then be presented
to the Personnel Committee for consideration.
There was no action taken.
CODE AND ENGINEERING COMMITTEE REPORT
Mr. Owings, Chairman of the Code and Engineering Committee, presented
the following report:
The Code and Engineering Committee met on July 13 and August 3 with all
members present. Also present on July 13 were John Riley, John Horne, Esten
Rudolph, Roy Jennings, John Dennison and Pam Turner. On August 3, Homer
Sanders, John Riley and John Dennison attended. The Committee makes the
following report and recommendations:
A. Discussed Industrial Revenue Bonding procedure with the Director of
Planning and Development.
There was no action taken.
222
B. Held a group discussion regarding the administrative handling of
building permits as it related to providing information to the office of the
Commissioner of Revenue for real estate appraisal.
There was no action taken.
C. After discussing the pros and cons in regard to a "no -fee" building
permit policy for some organizations, it is recommended that the Board adopt
a policy of requiring all applicants to pay, with the exception of County
employees doing work on County property.
Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and
passed unanimously, the above recommendation was approved.
D. Approved the two low bidders for the jail renovation project. The
recommendation was passed to the Finance Committee.
There was no action taken.
E. Mr. Homer Sanders, a retired employee of the Fairfax County Fire
Department and the Committee discussed the pros and cons of the implementa-
tion of a County Fire Code.
There was no action taken.
F. The Committee discussed the Fire and Rescue Committee's recommenda-
tion to purchase large (10 color County seals for their emergency
vehicles. It is recommended that the County purchase 500 of the seals at
$2.55 each and that it be passed to the Finance Committee for final action.
Upon motion made by Will L. Owings, seconded by William H. Baker and
passed unanimously, the above recommendation was approved.
G. Reviewed a request by Gregory's Inc. of Stephens City to obtain
building permits by telephone and to be billed by mail. This is an accepted
practice and is currently being done. The Committee recommended approval,
but the permits handled in this matter such as reroofing, aluminum siding
installation, etc., would not entail any plans review or approval.
Upon motion made by Rhoda W. Maddox, seconded by Will L. Owings and
passed unanimously, the above recommendation was approved.
LAW ENFORCEMENT AND COURTS COMMITTEE REPORT
Mrs. Maddox, Chairman of the Law Enforcement and Courts Committee,
presented the following report:
The Law Enforcement and Courts Committee met on August 2, 1983 with all
members present. Also present were Chuck Poe, Ms. Pat Romano, Sheriff
Bruce, Larry Ambrogi, Ann Kelican and John Riley.
Discussion of CDI Expansion into Rockingham County
Mr. Poe presented a request to the Committee to transfer funds set
aside for Residential Services to budgets allocated for the Work Release
Center. Part of these funds would be used to fund two additional full
time
positions to the staff in Rockingham County. It was noted by Mr. Poe
that
no additional funding is being requested and that the request can be
implemented at a lesser cost. The Committee recommends approval of this
request to transfer funds from Residential Services to the CDI program
budget and forwards same to the Finance Committee.
Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y.
Stiles and
passed unanimously, the above recommendation was approved.
Discussion of Towing Problem with the Sheriff
The Sheriff presented the attached request regarding problems of
tow
truck operators being paid for services rendered. It was noted by the
Sheriff that the majority of the requests involved impoundment for evidence
in Court cases. Due to the length of the time involved the Committee
recommends that the Sheriffs Department pay the bill and collect same at
the conclusion of the case. This request and recommendation is forwarded to
the Finance Committee for their review and recommendation.
There was no action taken.
Request for Two Road Deputy Positions
The Sheriff presented a request for carry forward funds to fund two
Road Deputy positions. The Committee supports this request and recommends
approval and forwards same to the Finance Committee for their review nd
recommendation.
There was no action taken.
Discussion of County Incentive Pay Policy
The Committee reviewed the proposed revisions of the Incentive Pay
Policy and forwards same to the Finance Committee for their review and
recommendations.
There was no action taken.
Discussion of Request for a "No Hunting Ordinance"
(This was done earlier in the meeting.)
PERSONNEL COMMITTEE REPORT
Mr. Baker, Chairman of the Personnel Committee, presented the following
report:
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The Personnel Committee met on August 8th, at 5:00 P.M., and submits
the following report and recommendations to the Board of Supervisors for
consideration:
Request from Sheriffs Department
The Committee reviewed a request from the Sheriff to carry forward
$34,822 in his budget to hire two additional Road Deputies. The Law
Enforcement and Courts Committee reviewed and recommended approval of this
request on August 2nd. The Personnel Committee concurred with this
recommendation and forwarded the request to the Finance Committee for
consideration.
Upon motion made by William H. Baker, seconded by David L. Smith and
passed unanimously, the above recommendation was approved.
Work Hours Survey Results
The Committee reviewed the survey results relative to work hours as set
forth on the attached memorandum. Based upon this data the Committee
recommends that work hours for Frederick County employees remain as
currently established.
Upon motion made by William H. Baker, seconded by David L. Smith and
passed unanimously, the above recommendation was approved.
Mr. Riley stated that he would like to present a copy, that had been
received from the Treasurer's Office, of the list of delinquent taxes for
1982 to the Board for their review.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by William H. Baker, seconded by Rhoda W. Maddox 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
Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles 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.
. BARBARA RATCLIFF NAMED AS INTERIM FINANCE DIRECTOR
Mr. Baker stated that it was the consensus of the Board that Mrs.
Barbara Ratcliff would serve as Interim Finance Director until such time as
a Finance Director was selected by the Board.
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S. MARJORIE COPENHAVER APPOINTED TO SERVE UNEXPIRED
RM OF MR. PALUMBO AS AN AT -LARGE MEMBER ON THE FREDERICK
UNTY PLANNING COMMISSION - APPROVED
Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and
passed unanimously, Mrs. Marjorie Copenhaver was appointed to serve the
unexpired term of Mr. Palumbo as an At -Large Member on the Frederick County
Planning Commission.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT
IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
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Chalilffian, Beard of up, rvisor C k, Board o Sup r isors