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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 198 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. 204 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: 224 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. 22r 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. � r Chalilffian, Beard of up, rvisor C k, Board o Sup r isors