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HomeMy WebLinkAboutMarch 14, 1984 Regular Meeting355 A Regular Meeting of the Frederick County Board of Supervisors was held on March 14, 1984, at 7:15 P.M., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice- Chairman; Robert M. Rhodes; Rhoda W. Maddox and C. William Orndoff, Jr. David L. Smith was absent. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend James Utt of the Grace Lutheran Church. ADOPTION OF AGENDA Mr. Owings requested time under "County Officials" for a representative of the School Board to address the Board of Supervisors concerning the final figures of their budget request. Mr. Riley stated that Mrs. Keckley, Treasurer, would like to address the Board with reference to the advertisement of the delinquent tax list. Mr. Riley stated that he had a brief announcement regarding the current status of certain grants as the result of the General Assembly. Mr. Riley also stated that the Commonwealth's Attorney had an item that he would like to bring before the Board. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the Agenda was adopted as amended. COUNTY OFFICIALS CORRESPONDENCE FROM THE DEPARTMENT OF HIGHWAYS AND TRANSPOR- TATION REFERENCING THE SCHEDULE FOR THE 1984 PREALLOCATION HEARINGS REFERRED TO THE PLANNING COMMISSION AND THE TRANS- PORTATION COMMITTEE Mr. Stiles requested that the correspondence recently received from the Highway Department with reference to the scheduling for the 1984 Prealloca- tion Hearings be referred to the Planning Commission and the Transportation Committee for their input and recommendation to the Board at their next scheduled meeting on March 28, 1984. BOARD TO TOUR TWO COUNTY PARKS WITHIN NEXT FEW MONTHS Mr. Riley, along with Mr. Cheely, are to select a couple of dates within the next two months, that are agreeable with the Board Members, in order that a tour of the two County parks might be scheduled. REQUEST FOR ADVANCEMENT OF FUNDS - FREDERICK - WINCHESTER SERVICE AUTHORITY - APPROVED 353 Mr. Riley stated that the Frederick - Winchester Service Authority requested an advancement of funds in the amount of $46,000 and that this was the balance of the original request that had been made in August of 1983. Mrs. Maddox stated that she was under the impression that when this original request was made that it was stated at that time that the County should be reimbursed for this money sometime during March, 1984. Mr. Stiles stated that he did not have a problem with loaning the amount that was being requested inasmuch as this had been agreed upon earlier, but that he did not feel any further loans should be made until a complete up -to -date report on the current status of the Regional Treatment Plant was received. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, that the request of the Frederick - Winchester Service Authority for an advancement of $46,000 be granted with the understanding that these funds will be paid back to the County with interest. This interest will be the same amount the County is currently receiving for funds on deposit at the Bank. TREASURER APPEARED BEFORE BOARD TO REQUEST PERMISSION TO PUBLISH 1982 DELINQUEN TAXES LIST - APPROVED Mrs. Keckley appeared before the Board to request their permission to publish the 1982 listing of delinquent Real Estate taxes. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the Treasurer was given permission to proceed with the publishing of the listing of the delinquent 1982 Real Estate taxes. COUNTY RECEIVED GRANT MONIES FROM THE GENERAL ASSEMBLY FOR THE RESTORATION OF THE CUPOLA ON TOP OF THE COUNTY COURT- Mr. Riley stated that the County had received word that they would be receiving $25,000 in Grant money from the General Assembly for the restora- tion of the cupola on top of the County Courthouse. The Board requested that this be advertised as soon as possible for bids inasmuch as the funds would not be available until July 1, 1984. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously that the $25,000 to be received from the General Assembly is to be used for the restoration of the cupola on the County Courthouse and that this be advertised for bids as soon as possible. 35 Mr. Riley stated that the renovation of the Frederick - Winchester Jail in the amount of $17,000 was also to be paid for from Grant monies received from the General Assembly. REQUEST FROM FARM BUREAU FOR JOINT MEETING WITH BOARD OF SUPERVISORS SCHEDULED FOR APRIL 2, 1984 It was the consenus of the Board that April 2, 1984 would be the date for a joint dinner meeting with the Farm Bureau, and that the time and place will be announced later. Mr. Stiles requested that the current section of the Code regarding Tax Relief for the Elderly be reviewed by the Finance Committee and a report be given to the Board at their meeting in April. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS REZONING APPLICATION #001 -84 - DON FOWLER - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commis- sion recommended approval. No one appeared before the Board to oppose this request. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the rezoning application #001 -084 of Don Fowler, Route 3, Box 341, Winchester, Virginia to rezone 5.409 acres from B -2 (Business - General) to B -3 (Industrial Transition) was approved. This property is designated as parcel number 91 -93 on Tax Map Number 63 in the Back Creek Magisterial District. REZONING APPLICATION #002 -84 - RODNEY L. MAYHAUGH - SHAWNEE MAGISTERIAL DISTRICT - WITHDRAWN The rezoning application #002 -84 of Rodney L. Mayhaugh, 2510 Sardonyx Drive, Chambersburg, Pennsylvania to rezone 11.354 acres from M -1 (Industrial- Limited) to B -2 (Business - General) was withdrawn. This property is identified on Tax Map Number 64 as Parcel Number 80 -1 in the Shawnee Magisterial District. CONDITIONAL USE PERMIT #009 -82 - JAMES M. HORTON - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commis- sion recommended approval. No one appeared in opposition to this request. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the amendment of conditional use permit #009 -82 of James M. Horton, 908 -H Cedar Creek Grade, Winchester, Virginia, for a Commercial 353 Outdoor Recreational Facility /Miniature Golf Course was approved. This property is designated as Parcel Number 2 on Tax Map Number 75 in the Back Creek Magisterial District. Mr. Stiles stated that perhaps the Ordinance Committee might consider requesting that the applicant be present when they are making a request before the Board. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 5, RESIDENTIAL PERFORMANCE DISTRICT (RP), SECTION 5 -9, SUBDIVISIONS ON RECORD, PARA- GRAPH 5 -9 -1 - APPROVED Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr., the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 5, RESIDENTIAL PERFORMANCE DISTRICT, (RP), SECTION 5 -9, SUBDIVISIONS ON RECORD, PARA- GRAPH 5 -9 -1 AS FOLLOWS: All requests for mix of housing types allowed under this Section shall be accompanied by a fee of forty -five dollars ($45.00) and an applica- tion submitted to the Department of Planning and Development. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE 6, MASTER DEVELOPMENT PLAN, SECTION 6 -7, MASTER DEVELOPMENT PLAN PROCEDURES, PARAGRAPH 6 -7 -1 AND 6 -7 -2 - APPROVED Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE 6, MASTER DEVELOPMENT PLAN, SECTION 6 -7, MASTER DEVELOPMENT PLAN PROCEDURES, PARAGRAPH 6 -7 -1 AND 6 -7 -2 AS FOLLOWS: All applicants shall submit twelve (12) copies of a Preliminary MDP and application to the Department of Planning and Development and request a review conference. The purpose of the review conference is to review and discuss the nature of the proposal in relationship to this article. Upon receipt, the Director of Planning and Development shall notify necessary departments and agencies to solicit comments and shall forward such comments to the Planning Commission along with a descrip- tion of the Preliminary MDP for Planning Commission approval or disapproval. Upon approval of a Preliminary MDP, the applicant may submit a Final MDP. All applicants shall submit twenty (20) copies of a Final MDP and application to the Department of Planning and Development after Planning Commission approval of the Preliminary MDP. Upon receipt, the Director of Planning and Development shall notify and solicit comments from appropriate agencies and shall forward such comments and a description to the Planning Commission for recommendation to the Board of Supervisors for approval or disapproval. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 1, IN GENERAL, BY THE ADDI- TION OF SECTION 1 -10, EXTENSION INTO YARD AREAS - APPROVED Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the following Ordinance amendment was approved: 359 AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 1, IN GENERAL, BY THE ADDI- TION OF SECTION 1 -10, EXTENSION INTO YARD AREAS AS FOLLOWS: The following features, and no others, may extend into required minimum yard areas, but only as qualified below. In those developments where yard requirements are determined by a specified distance between buildings, this regulation shall likewise apply, and a perpendicular line drawn between the two buildings shall be employed as the lot line. 1. Cornices, canopies, awnings, eaves or other such similar architectural features, all of which are at least nine (9) feet above grade, may extend three (3) feet into any required yard but not nearer to any lot line than a distance of two (2) feet except for zero lot line housing types or zero lot line housing options. These features may not extend beyond the property of the zero lot line side of the lot. 2. Sills, headers, belt courses, and similar ornamental features may extend twelve (12) inches into any required yard. 3. Stoops, covered or uncovered for the purpose of serving as access to a doorway, may extend four (4) feet into any required yard, but not nearer to any lot line than a distance of five (5) feet. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 15, INDUSTRIAL GENERAL DISTRICT (M -2), SECTION 21- 127(C) - APPROVED Upon motion made by Robert M. Rhodes, seconded by Will L. Owings and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 15, INDUSTRIAL GENERAL DISTRICT (M -2), SECTION 21- 127(C), PERMITTED USES AS FOLLOWS: Delete the Use Truck Terminals. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 14, LIGHT INDUSTRIAL DISTRICT, (M -1), SECTION 21 -120, PERMITTED USES; AND ARTICLE 13, BY THE ADDITION OF 21- 120(K) - APPROVED Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 14, LIGHT INDUSTRIAL DISTRICT, (M -1), SECTION 21 -120, PERMITTED USES: AND ARTICLE 13, BY THE ADDITION OF 21- 120(K) AS FOLLOWS: The following types of uses when located at least three hundred (300) feet from a principal residential structure located in a Residential District or areas within other Districts which are predominantly Residential in nature; and provided that all activities or structures of the permitted use are at least 100' from the adjoining property line of the Residential District or the adjoining property line of areas within other Districts which are predominantly Residential in nature. The Planning Commission and Board of Supervisors may require additional screening and /or buffering along any property line in order to protect adjacent properties from adverse impacts of these uses. - Truck terminals and accessory truck terminal structures and activities. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISION, ARTICLE III, DESIGN STANDARDS, SECTION 3 -2 -3, PARAGRAPH 3 -2 -3.3 - APPROVED 360 Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISION, ARTICLE 111, DESIGN STANDARDS, SECTION 3 -2 -3, PARAGRAPH 3 -2 -3.3 AS FOLLOWS: All storm water drainage facilities serving residential lots which are not within a dedicated Virginia Department of Highways and Transporta- tion right -of -way shall conform to the following design standards: Maximum Side Slope - 2:1 Maximum Depth - 2 feet Minimum Grade - 1% All other drainage facilities shall be a storm sewer system as defined in Chapter 8, Subdivision, of the Virginia Department of Highways and Transportation (VDH &T) Drainage Manual and be installed in accordance with those standards. The subdivider shall include profiles and other documents to the Administrator on the required road profiles to demonstrate compliance with the standards of this Article. OTHER PUBLIC HEARINGS AN ORDINANCE TO P 10, FIRE PROTECTIO APPROVED ND THE FREDERICK BY THE ADDITION COUNTY CODE, CHAPTER F SECTION 10 -2 - Mr. Perry Silva, President of the County Firemens Association, appeared before the Board for clarafication of this Ordinance stating that he felt it should be stated sixteen and seventeen year olds and that the word "older" should be deleted as this was confusing. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 10, FIRE PROTECTION, BY THE ADDITION OF SECTION 10 -2 AS FOLLOWS: Pursuant to the provisions of Section 40.1 -79.1 of the Code of Virginia of 1950, as amended, that any person sixteen or seventeen years of age, with parental or guardian approval be, and hereby is, authorized to work with or participate fully in all activities of a Volunteer Fire Company, provided such person has attained certification under National Fire Protection Association 1001, Level 1, Firefighter Standards, as administered by the Department of Fire Programs. STREAM STANDARDS COMMITTEE REPORT Mr. Riley presented the following report: The Stream Standards Committee met on February 8, 1984, at 6:00 P.M., in the Conference Room, at the County Administrative Offices. Those present were: Mrs. Ynez Hetland, Mrs. Rhoda W. Maddox, Mr. Charles E. Boyd, Mr. Douglas C. Legge and Mr. Harman Brumback. The staff members present were: Mr. Robert B. Harriman, Public Services Director; Mr. John T. P. Horne, Planning and Development Director and Mr. John R. Riley, Jr., County Administrator. After a brief introduction by Mr. Horne as to the general purpose of the meeting, Mr. Riley and Mr. Harriman proceeded to update the Committee on measures that have been taken at the site of the tire fire at Mr. Paul Rhinehart's property concerning protection of surface and ground water. Mr. Riley mentioned that approximately one million gallons of oil had been recovered from the site at this time. There was no additional flow from the pile currently. Mr. Harriman stated that the initial construction at the site was by local agencies and entailed the construction of a primary containment basin to hold oil running from the tire pile. Later the Environmental Protection Agency built a much larger secondary containment basin which was lined with plastic. Below that basin is a smaller tertiary containment basin. Farther down the tributaries and creeks are a series of filter dams in case there were leaks to the containment basin. Mr. Riley stated that the main pollution threat now was the oil which was still on the surface of a pond that Mr. Rhinehart has on the property. He stated that the contractor will be returning to the site when warmer weather returns to pump off that oil. Mr. Riley stated that there have been a series of twelve wells that are being drilled on the site to monitor ground water. At this time, there appears to be no contamination of ground water, although continued monitor- ing will take place in the future. This drilling and monitoring is being supervised by the State Water Control Board. Mr. Riley stated that future actions will be the continuance of monitoring of both surface and ground water and reseeding of disturbed areas that were disturbed during the construction activities on the site during the fire. The Committee received this information. The next order of discussion was the function of the Stream Standards Committee in the future. The members of the Committee stated that they were uncertain as to the function of their Committee in that they had met very infrequently in the past and had no clear statement of function. It was decided that there were a number of ways in which the Committee could function, but the function of the Committee should be decided by the Board of Supervisors. The Committee decided to present the Board of Supervisors with a series of options as to the function of the Committee and ask that the Board of Supervisors clearly designate the method in which they wanted the Committee to function. Those options are listed below: 362 1. The Committee could remain an "Ad Hoc" Committee, which would meet only when specific items occur which would necessitate study by the Committee. In this case, the Committee would have no ongoing work program. 2. The Committee could establish an ongoing work program and meet regularly to conduct research and study ongoing stream standards problems in the County. 3. The Committee could cease to function as a formal Committee after establishing lines of communication and satisfying itself that staff functions were covering necessary monitoring and correction of any stream standards problems in the County. The Committee would hope that the Board of Supervisors would review these options or any other options that the Board would suggest for the function of the Stream Standards Committee and make a firm determination as to the long -term function of the Committee. Mr. Charles E. Boyd appeared before the Board as a member of this Committee and stated that he felt it was very important that the Committee be made aware of such instances as the Rhinehart fire in order that they might be on top of such a situation as soon as it happens. The Stream Standards Committee met at the Stephens City Town Hall on March 6, 1984, at 3:30 P.M. In attendance were: Mrs. Rhoda W. Maddox, Mr. Charles E. Boyd and Mr. Harman Brumback. The staff members present were: Mr. John T. P. Horne, Planning and Development Director and Mr. Stephen M. Gyurisin, Planning and Development Deputy Director. Also in attendance were representatives from the Town of Stephens City and Dr. Sheaffer, consultant for the Town of Stephens City. Mr. Horne introduced the purpose of the meeting to the Committee members and stated that the Board of Supervisors had requested that the Committee meet with representatives of Stephens City to recommend a comment from the County to the Department of Health concerning the town's proposal to use land application of sewage effluent as part of their sewage treatment process. Dr. Sheaffer presented a technical explanation of the process to be used. He stated that a pretreatment cell was to be added to the existing lagoon, the existing lagoon would be extended to include up to 50 days storage, and aeration would be added to the process in order to improve the treatment process now taking place at the Town's lagoon. Dr. Sheaffer stated that he felt that discharge into the stream directly from the lagoon would not be necessary in that there was enough storage in the lagoon to store water when water was not being pumped to the spray field. Both the water to be pumped to the spray field and any water that would be discharged 363 into the stream would meet State Water Control Board requirements for suspended solids and B.O.D. At the spray field, water would be sprayed at a very low rate which would average over the long run 1.8 inches per acre per week. This water would be used for irrigation to grow grass crops and there would be no leaching of pollutants into ground water. Monitoring could consist of three test wells at the site to be monitored by the town along with the standard monitoring at the lagoon site for the treatment process. It was stated by Dr. Sheaffer and the town's representatives that if any leaking were to occur, it would move towards the existing quarry which has now been purchased by the Town of Stephens City for water supply. Given that fact, it is clearly in the interest of Stephens City to insure that no pollutants do leach into the ground water and therefore, into the water supply for the Town of Stephens City. After reviewing the explanation by Dr. Sheaffer and discussing the matter further with the representatives of the Town of Stephens City, it was the consensus of the Committee that their recommendation would be for the Board of Supervisors to support the proposal of the Town of Stephens City as presented. It was felt that the process would not in any way harm existing streams or ground water supplies in the County. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, that the Board of Supervisors go on record as supporting the proposal of the Town of Stephens City as presented in the report. Mrs. Maddox stated that the Committee would very much like for the Board to give them some direction as far as what the Board would like for them to be doing in the future. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on March 7, 1984, at 11:30 A.M. with all members present. Also present were John Riley, John Dennison, John Horne and Bob Harriman. The Committee makes the following report: A. The Committee discussed various staff relocation ideas. The staff will prepare a complete relocation proposal by the first Board meeting in April. There was no action taken. B. The annual Work Program for the Department of Public Services was discussed. 3 6 4. There was no action taken. C. The need to fill the frozen Clerk Typist II position in the Inspections Department was discussed (see attachment), and the Committee recommends filling that position on a full -time basis as soon as possible and that this request be passed to the Personnel Committee. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above recommendation was approved. D. The Building Official provided each Committee member with a copy of a memorandum (attached) that lists the additional qualifications of each of the Field Inspectors. There was no action taken. E. The preliminary plans for the Westminster - Canterbury project were discussed. The project will be constructed straddling the City- County line. The Building Official is working closely with the City to insure that a joint plans review is conducted. There was no action taken. DR. KENNETH E. WALKER, SUPERINTENDENT OF SCHOOLS, ADDRESSED THE BOARD RE: AMENDED SCHOOL BOARD BUDGET Dr. Walker appeared before the Board to present the figures for the amended School Board Budget for 1984 -85. He stated that the salary increases for Teachers would be 7 1/4% with other School Board personnel receiving less. Mr. James Boyd, Finance Officer, handed out information at this time concerning the amended figures to each Board Member. Mr. Stiles stated that this would be advertised for Public Hearing on March 28th, along with the entire County Budget, for adoption by the Board on April 11th. IRE AND RESCUE COMMITTEE REPORT Mr. Riley presented the following report and stated that no action was necessary on any of the items: The Fire and Rescue Committee met on February 27, 1984, at 7:30 P.M., in the Stephens City Fire Company facility. The following Companies were represented: Stephens City, Greenwood, Roundhill, Middletown, Clearbrook and Reynolds Store. Also present were Bob Harriman and Mr. John Turner (ISO of Richmond). The following items were discussed: A. Mr. John Turner of ISO of Richmond addressed the group concerning the methodology of rating Fire Companies. Mr. Turner will be submitting the 36`a results of the inspections of Greenwood, Clearbrook, Roundhill and Star Tannery to the County in the next four to six weeks. B. The reflective seals have been received and can be obtained from the Public Services Department. C. Mr. Turner suggested that the County look into the possibility of preparing mutual agreement documents that would be executed between Companies within the County. The Public Services Director will discuss this with the Commonwealth's Attorney. D. The next meeting is scheduled for 7:30 P.M. at Middletown on March 26th. CODE AND ORDINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Code and Ordinance Committee, presented the following report: The Code and Ordinance Committee met on Monday, March 5, 1984, at 11:30 A.M., with all members present. The Committee submits the following report: Discussion of Parlimentary Procedures and Rules of Order for Public Hearing The Committee discussed the attached procedures and recommends that they be combined and adopted. (See Attached) Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Discussion of Length of Time Between Planning Commission and Board of Supervisors' Meetings for Conditional Use Permits and Rezoning Issues It has been brought to the attention of the Board, by Mrs. Lennie Mather, that the time between the Planning Commission and Board of Super- visors' Meetings for Public Hearing issues was too short and allowed little time to prepare presentations for Board of Supervisors' Meetings. The Committee discussed this issue and recommends that it remain the same for the following reasons: 1. Public has ample time to prepare prior to the Planning Commission Meeting. There will be little substantive change between the two meetings with public presentations being relatively the same. 2. The proposed month time lag between Planning Commission and Board of Supervisors' Meetings is both costly to the applicant and the County (duplication of notification). There was no action taken. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT 366 Mr. Rhodes, Chairman of the Law Enforcement and Courts Committee, presented the following report: The Law Enforcement and Courts Committee met on Tuesday, March 6, 1984 at 11:30 A.M. All members were present except Larry Coverstone. Also present were Charles Poe, Larry Ambrogi and John Riley. The Committee submits the following report: Discussion of Dispute Resolution Grant (Attached) Mr. Poe advised the Committee that this was a continuation of a Grant which created the civil mediation process. It is being expanded to include Juvenile and Domestic Relations cases. For example: First time offender would be assigned 40 hours community services work. As you can see from the attachment, civil mediation has shown impressive results on collection of delinquent personal property taxes. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. PERSONNEL COMMITTEE REPORT Mr. Riley presented the following Committee report: The Personnel Committee met on March 6, 1984, at 5:00 P.M., in the County Administrator's Office. Attending were Will L. Owings, James L. Longerbeam, Clarence L. Hunter, John R. Riley and Ann K. Kelican. The Committee submits the following report and recommendations to the Board of Supervisors for consideration: Review of Salaries of Commonwealth's Attorney and Assistant Commonwealth's Attorney Pursuant to a request by the Board of Supervisors, the Committee reviewed the salaries of the Commonwealth's Attorney and the Assistant Commonwealth's Attorney as set forth on the attached memo and recommends approval of the County supplements as stated. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Salary Survey Results and Proposals The Committee reviewed the salary survey results and proposals and directed that they be forwarded to the Board of Supervisors under separate cover for consideration by the Board at the March 14, 1984 meeting. Mr. Stiles stated that he would like for the Personnel Committee to review this further at a meeting scheduled for March 20th, at 11:30 A.M., in the County Administrator's Office. 367 Mr. Owings requested that another Board Member be present as he had been the only Board Member present at the last four meetings. FINANCE COMMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: The Finance Committee met on March 6, 1984 with all members present. The following items require Board action: Request from the School Board Request from the School Board for budget adjustment. (See Attached) The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request from the Division of Court Services for Appropriation Transfer Request from the Division of Court Services for appropriation transfer. (See Attached) The Committee recommends approval. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Request for Appropriation Request for appropriation of $450.00 for student to attend seminar in Washington, D.C. The Committee recommends approval to be funded from operating contingency. (See Attached) Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Request of Funds Request of funds for float entry in 1984 Apple Blossom Parade. The I Committee recommends approval to be funded from operating contingency. (See Attached) Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and I passed unanimously, the above recommendation was approved. Request for Additional Office Expense Reimbursement Request for additional office expense reimbursement from Commonwealth's Attorney's Office. The Committee recommends approval of $375.00 monthly I until they move or maximum of five months, to be funded from operating contingency. (See Attached) Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and I passed unanimously, the above recommendation was approved. 333 Request of Free County Stickers Request of free County Stickers for Fire Fighters and Rescue Squad. The Committee recommends denial. (See Attached) Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation for denial was approved. Request of Funds Request of funds for the Virginia Commission for the Arts Grant. (See Attached) The Bluemont Concert Series, Ltd., would donate $3,000.00 to the County. The County would appropriate $3,000.00 for the purpose of obtaining matching funds. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Request for Appropriation Request for Appropriation of $7,000.00 to purchase professional services for comparative analysis of two proposed pool facility sites at Clearbrook Park and Sherando to be transferred from operating contingency. The Board approved that these services be requested from the consulting firm at a prior meeting. (See Attached) Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above was approved. The following are items for your information and do not require action at this time: 1. Mr. Randy Jones from Robinson, Farmer and Cox Associates discussed with the Committee the need to either collect or write off existing bad checks still on the County books. The Committee recommended that all bad checks be turned over to the Commonwealth's Attorney for collection. Those not collected in a reasonable amount of time will be processed through civil mediation. Mr. Stiles requested that the Committee work with Mrs. Keckley on this in a timely manner. The Committee was also informed that the new handicapped regulations apply to the Schools as well as the local governing body. Mr. Boyd was present at the meeting and will inform Dr. Walker. The Committee was also informed that the County should be able to recover F.I.C.A. paid on sick leave payments for 1980 and 1981, through the F.I.C.A. Recovery Program. Mr. Jones will be working with the Schools and the local government in order to process the application for a refund. Approximately $25,000.00 to $30,000.00 may be recovered. 2. Reduction of Division of Court Services Grant - The modification of the Community Diversion Programs 1983 -84 Grant resulted in a decrease of $15,799.00. No new local funds are required. (See Attached) 3. Michael Grow, Vice President of Craigie Incorporated, presented information on Financial Planning of FY 1985 Capital Budget. (See Attached) Mr. Grow recommends that the Gore and Gainesboro Schools be renovated instead of constructing a joint facility. The reason for his recommendation is that funds for the renovation could possibly be obtained through State Literary Fund loans at 3% interest, whereas, a joint facility would not qualify. Funds for the joint facility exceed 2.0 million dollars and would have to be obtained through VPSA Bonds. 4. Budget information FY 1984 -85 - Additional information was acquired pertaining to people in Frederick County receiving services from the Washington Ear Organization. Washington Ear serves only six people in the County. Therefore, the Committee cut the donation FY 1984 -85 from $1,000 to $600. This reduction will be reflected in the Budget at the time of advertisement. PLANNING COMMISSION MEMBERS TO BE PAID $120 PER MONTH FOR THEIR ATTENDANCE AT VARIOUS PLANNING COMMISSION MEETINGS RETROACTIVE TO JANUARY 1, 1984 - APPROVED Mr. Owings stated that he felt the Planning Commission Members should be compensated for their attendance at meetings that they have to attend and that he would like to make this payment $120 per month retroactive to January 1, 1984 regardless of the number of meetings they attend. Upon motion made by Will L. Owings and seconded by Robert M. Rhodes, that $120 per month be paid to each Planning Commission Member retroactive to January 1, 1984. The above was passed by the following recorded vote: Aye - Will L. Owings, Rhoda W. Maddox, Robert M. Rhodes and C. William Orndoff, Jr. Abstaining - Kenneth Y. Stiles. PUBLIC HEARING FOR BUDGET FOR FISCAL YEAR 1984 -85 TO BE ADVERTISED FOR PUBLIC HEARING ON MARCH 28, 1984 IN THE BOARD OF SUPERVISORS' MEETING ROOM Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, that the County Budget for Fiscal Year 1984 -1985 be advertised for Public Hearing on March 28, 1984, in the Board of Super- visors' Meeting Room, with the Real Estate remaining the same 58� per hundred and the rate for Personal Property $4.35 per hundred and $4.00 for Merchants Capital. PERSONNEL EVALUATIONS TO BE TAKEN UNDER ADVISEMENT UNTIL NEXT REGULAR BOARD MEETING Mr. Stiles stated that the evaluations of the following Department Heads will be taken under advisement and they will be presented to the Board for approval at the Board Meeting of March 28th: Finance Director, Mrs. Barbara Ratcliff; Information Services Director, Mrs. Helen Locke; Personnel Director, Mrs. Ann Kelican and Deputy Clerk to the Board of Supervisors, Mrs. Carol Bayliss. REQUEST BY COMMONWEALTH'S ATTORNEY FOR APPROVAL OF RESOLUTION DEALING WITH DELINQUENT TAXES ON SHAWNEELAND Mr. Ambrogi stated that a company was interested in purchasing some land from Shawneeland and that they were willing to pay $40,000 in back taxes on this property in order that they be able to purchase this land, and that he would like for the Board to consider the following resolution accepting this payment: BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, hereby authorizes the Commonwealth's Attorney for the County of Frederick, Virginia to endorse an order on behalf of said County providing for the payment of delinquent Real Estate Taxes due on certain land in a subdivision commonly known as Shawneeland in Back Creek Magisterial District, pursuant to a chancery cause now pending in the Circuit Court of Frederick County, Virginia, Docket No. C84 -56. BE IT FURTHER RESOLVED, that those remaining amounts of delinquent Real Estate Taxes due on that said land will continue to be delinquent, and that penalty and interest due, as established by law, will be applied to that delinquent amount. RESOLVED this 14th day of March, 1984. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above resolution was approved. BOARD DISCUSSED CORRESPONDENCE FROM CRAIGIE INCORPORATED RE: FINANCIAL PLANNING FOR FISCAL YEAR 1985 CAPITAL BUDGET Mr. Riley stated that this correspondence was being presented to the Board of their input and direction to the staff. Mr. Stiles stated that he personally was not in favor of any type of bonding. This will be taken under advisement and a decision made at a later date. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. 37- hairman, Bo of Supervisors oar 0 uper isors