September 09, 1981 Regular Meeting401
A Regular Meeting of the Frederick County Board of
Supervisors was held on September 9, 1981, at 7 :00 P.M., in the
Board of Supervisors' Meeting Room, 9 Court Square, Winchester,
Virginia.
PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice-
Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm
and Kenneth Y. Stiles.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by the Reverend C. Emerson
Smith of the Highland Memorial Presbyterian Church.
ADOPTION OF AGENDA
Mr. Malcolm stated he had received a letter that he would
like to have forwarded to the Finance Committee for their
consideration under "County Officials ".
Upon motion made by Kenneth Y. Stiles, seconded by William
H. Baker and passed unanimously, the agenda was adopted as
amended.
APPROVAL OF MINUTES
Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y.
Stiles and passed unanimously, the minutes of the August 12,
1981 Regular Meeting were approved as submitted.
COUNTY OFFICIALS
Mr. Malcolm stated that he had received a letter from the
Chief of the Greenwood Fire Company requesting monetary
consideration by the Board and he would request that this matte
by referred to the Finance Committee for their consideration.
POINTMENTS TO BOARDS AND COM MISSIONS SCHEDULED F OR
The following appointments will be made at the September
23, 1981 meeting:
Chairman At -Large for the Planning Commission, Planning
Commission member from Shawnee District; Frederick County's
representative on the Shenandoah Area Agency on Aging.
The Board noted that in a memo received from the Parks and
Recreation Director, Mr. Stuart Walk has replaced Mrs. Linda
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Martin. This term expires on January 1, 1982. Mrs. Martin
resigned from this appointment due to an employment conflict.
The Board requested that Mr. White have the 2 at -large positions
advertised in the local paper and that applications for these
appointments may be picked up in the County Administrator's
Office.
CHANGES IN PARKS AND RECREATION BY -LAWS - TABLED
Mr. White stated that at the Board's organizational meeting
the status of the Board member on the Parks and Recreation
Commission was changed to that of a non - voting liaison. The
By -Laws of the Parks and Recreation Commission still refers to
10 members on the Commission and in order to be consistent with
Board policy he recommended that the number be changed from 10
to 9.
Upon motion made by William H. Baker and seconded by Rhoda
W. Maddox,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein approve the changing of the
membership of the Frederick County Parks and Recreation Commis-
sion By -Laws from 10 to 9 members.
Mr. Stiles asked if this should not be done by the Parks
and Recreation Commission with their recommendation coming to
the Board.
Mr. Baker withdrew his motion and Mrs. Maddox withdrew her
second.
Upon motion made by Kenneth Y. Stiles and seconded by
William H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein table any action on the
Parks and Recreation Commission By -Laws until the September 23,
1981 meeting of the Board at which time the Commission will have
a recommendation for the Board.
Mr. Stiles stated that he felt this change in the
Commission By -Laws had been done sometime ago and that the
minutes should reflect this.
Mr. White stated that he would discuss this with the Parks
and Recreation Director.
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SCHEMATIC DESIGN OF THE JUDICIAL CENTER - APPROVED
Mr. Malcolm stated that the County had received
notification that the BAR and the City Planning Commission had
approved the schematic design and that City Council had approved
it at the meeting on August 9, 1981. He further stated that
there was one remaining component left, that being the color and
design of the brick. Mr. Malcolm further stated that the next
step will be the interior detail of the building.
Upon motion made by R. Thomas Malcolm, seconded by Kenneth
Y. Stiles and passed unanimously, the Board of Supervisors of
the County of Frederick, Virginia, does herein approve the
schematic design of the Judicial Center.
PUBLIC HEARING
REZONING REQUEST #006 -81 - DAVID R. AND MARGARET V. SOPER -
Mr. Horne presented this rezoning request and stated that
the Planning Commission, by majority vote, recommended denial of
this application.
Ms. Deborah Brumback appeared before the Board, on behalf
of Mr. and Mrs. Soper, stating that this property, if rezoned,
would be used for an ornamental iron works business and that all
work would be done within the present building and any storage
would be done at the rear of the building with the proper
screening. Ms. Brumback further stated that Mr. and Mrs.
Brookman who are now residents of Maryland and have an
ornamental iron works business there, are part owners of this
property and if this rezoning request is granted they would move
here in order to operate an ornamental iron works business at
this location.
Mr. Tim Hodges, adjacent historical property owner,
appeared before the Board in opposition to this rezoning.
Mr. Winston McKay, representing the Board of the Round Hill
United Methodist Church, appeared before the Board in opposition
to this rezoning stating that the Church Board felt this spot
zoning could have an adverse effect on the Round Hill
Community.
Mr. Edwin Lineberg, property owner, appeared before the
Board stating that he was opposed to this rezoning as his
property was very close to the Soper property.
The Board discussed with Mr. Ambrogi the possibilities of
setting a precedent if this request were approved and the fact
that if this would be rezoned M -1 then anything permitted in M -1
zoning could locate on this property, and once the Board
approved this then there would be nothing the Board could do.
Upon motion made by William H. Baker and seconded by Rhoda
W. Maddox,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein approve the Planning
Commission recommendation that the following request be denied:
Rezoning request #006 -81 of David R. and Margaret V. Soper,
Route 2, Box 400, Winchester, Virginia, requesting rezoning
from B -2 to M -1 for manufacturing of custom ornamental iron
products and retail outlet. This property is designated as
Parcel A on Tax Map 52- "A " -92 -C, in the Back Creek
Magisterial District.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
Mr. Stiles stated that he would like to suggest that the
applicant pursue the B -3 avenue for this rezoning.
AC TION BY BOARD OF ZONING APPEALS - DISCUSSED
Mr. Horne stated that Mr. Holliday's attorney, Mr. Ben
Butler, had conveyed to him that he would do whatever necessary
in order that the Board of Zoning Appeals rescind their action
of August 18, 1981.
Mr. Ambrogi stated that it was the Board of Zoning Appeals
that would have to meet and rescind this action.
Mr. Stiles requested that Mr. Ambrogi file the necessary
papers prior to the deadline.
Mr. Koontz requested that Mr. Horne work with Mr. Ambrogi
on this matter.
Mr. Baker stated, and the Board concurred, that the Board
of Supervisors were not changing their position on this matter.
REQUEST FOR TRANSFER OF FUNDS BY THE DEPARTMENT OF HIGHWAYS
AND TRANSPORTATION - APPROVED
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Upon motion made by William H. Baker, seconded by Kenneth
Y. Stiles and passed unanimously, the Board of Supervisors of
the County of Frederick, Virginia, does herein approve the
request of the Virginia Department of Highways and
Transportation to transfer approximately $41,000.00 from the
Frederick County Rural Addition Account for payment of
application of pavement on Route 614.
FINANCE COMMITTEE REPORT AND RECOMMENDATIONS
Mr. Baker presented the following report:
The Finance Committee met on September 1, 1981 with all
members present. The Committee makes the following report and
recommendations:
Request from the School Board for Approval of Additional
Federal Money
The Finance Committee reviewed a request from the School
Board to approve an additional $1,855.00 in Title IV B Funds an(
for an additional $90,545.00 for Title I Programs. The
Committee reviewed a memoranda regarding the two programs that
were presented by School Board staff. The Committee noted that
there may be continuing uncertainties regarding the future for
Title I funding and that if a spending cap is imposed, based on
current levels, future inflationary growth in salaries would
cause a shrinkage of the program. The Committee also noted tha•
the program has been designed to be cut to match funding
available if any changes are forthcoming. The Committee
recommends approval of the addditional Federal money for the
programs up to the amounts actually available with the
stipulations, (1) that the Finance Committee get as much notice
as possible if any subsequent changes are to be forthcoming, an
(2) that the Board of Supervisors go on record as indicating no
willingness to restore any subsequent cuts in these programs
with local money.
Upon motion made by William H. Baker, seconded by Will L.
Owings and passed unanimously, the above request was approved.
Local Sales and Use Tax on Fuels for Domestic Consumption
The Committee reviewed a proposal by Mr. Wade Emmert on
behalf of the Northern Virginia Petroleum Association to
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eliminate the 1% local sales tax for home heating oil use for
domestic consumption. The Committee noted that effective
October 1, 1981, Virginia Code Section 58- 441.6GL exempts the 3%
State sales in use tax on artificial or propane gas, firewood,
coal or home heating oil used for domestic consumption.
Domestic consumption means the use of artificial or propane gas,
firewood, coal or heating oil by an individual purchaser for
other than business, commercial or industrial purposes, however
Virginia Code Section 58- 441.49:3 provides that the 1% local
sales in use tax shall apply to sales of fuel for domestic
consumption unless exempted by a duly adopted ordinance of a
County or City. The Committee noted that unless an exempted
ordinance is inacted by a locality, the local 1% tax will
continue to apply to heating fuels for domestic consumption even
though such fuels are exempt from the 3% State tax.
The Committee reviewed a bulletin from the Virginia
Department of Taxation which noted that the local tax on fuels
will be collected by dealers, paid to the department and
returned to localities in the same manner as all other local
sales and use taxes. Dealers whose place of business is located
in a locality adopting an ordinance to exempt heating fuels for
domestic consumption from the local tax would not collect the
local tax even though fuel may be delivered to a customer in a
locality which has not adopted an exempting ordinance. The
Committee noted that the City of Winchester on August 11, 1981
adopted the exemption. The Committee also noted that there are
five dealers located in the City and seven dealers located in
the County and that under the regulations for the collection of
the tax, County dealers would be required to collect the tax
even if they sold the customers in the City, and that City
dealers would not collect the tax even if they sold to customers
in the County. Mr. Emmert noted that this presents an
unfavorable competitive advantage for dealers in the City. He
noted his association had estimated, on an annual basis, that
approximately 18 to 20 thousand dollars would be lost in revenue
if the County were to exempt the 1% local sales tax as provided
by law. The Committee recommends that the Board authorize an
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ordinance be drafted and advertised to exempt the 1% local sales
tax pursuant to the provisions of 58- 441.49:3 and 58- 441.6.
This could be advertised and scheduled for public hearing and
action at the September 23rd Board Meeting.
Upon motion made by William H. Baker, seconded by Will L.
Owings and passed unanimously, the above was approved.
Mr. Wade Emmert appeared before the Board concerning this
proposal.
The Board discussed with Mr. Emmert the problems that have
existed in the past concerning home fuel assistance programs for
the elderly and the needy of the County.
Clearbrook Park Athletic Complex
The Committee reviewed a memorandum from Mr. Cheely
reiterating a unanimous recommendation of the Parks and
Recreation Commission for fencing improvement at the baseball
fields in Clearbrook Park. The Committee noted that the request
was presented on the basis of improving the safety conditions at
the baseball fields. The Committee also noted that there are
approximately $35,300.00 in unspent funds in the Recreation
budget from FY81. The Committee noted that the $11,200.00 cost
of replacing approximately 1,375 feet of fencing for the 3
outfield areas can be taken from this unspent balance without
additional appropriations being necessary from the FY82 budget.
The Committee therefore recommends approval of the request of
the Parks and Recreation Commission.
Upon motion made by William H. Baker, seconded by Will L.
Owings and passed unanimously, the above was approved.
Approval of Carry Forward Funds
The Committee reviewed a series of proposals from various
County agencies for the use of carry forward money from the FY81
budget to the FY82 budget. A recap of the request is shown.
The Committee reviewed the request in detail from memos from
each of the requesting departments. The Committee recommends
approval of the carry forward funds as presented in the
summary.
Appropriations Remaining 1980 -1981 Budgets
General Operation Fund:
408
Data Processing Department $ 11,549.00
Finance Department 2,500.00
Sheriffs Department 3,700.00
Parks and Recreation Department 66,257.80
Capital Projects Fund:
Parks and Recreation 22,458.41
TOTAL $106,465.21
Requested to Carry Forward 1981 -1982
General Operating Fund:
Data Processing Department
1220 - 2013 -00 Education - Tuition
Assistance
$ 3,200.00
1220 - 5413 -00 Other Operating
Supplies
3,000.00
1220 - 5506 -00 Travel
1,349.00
1220 - 7007 -00 A.D.P. Equipment
4,000.00
Finance Department
1214 - 1002 -00 Extra Help /Overtime 1,500.00
1214 - 5401 -00 Office Supplies 1
Sheriffs Department
3102 - 1002 -00 Extra Help /Overtime $ 800.00
3102 - 3002 -00 Professional Services -
Other 2,000.00
3301 - 1002 -00 Extra Help /Overtime 900.00
Parks and Recreation Department
7103 - 5410 -00 Uniforms and Wearing
Apparel 1
7109 - 9006 -00 Furniture, Equipment
and permanent fixtures 11,498.66
7110 - 3002 -00 Professional Services
Other 4
7110 - 7001 -00 Machinery and
Equipment 7,000.00
Capital Projects Fund:
Parks and Recreation Department
7109 - 9004 -00 Clearbrook Park
Site Improvements 48,023.14
7112 - 9004 -00 Shawnee District
Park Site Improvements 16,644.00
TOTAL $106,465.21
40S
Upon motion made by William H. Baker, seconded by Will L.
Owings and passed unanimously, the above was approved.
Progress Report of Yount, Hyde & Barbou
The Committee reviewed a progress report from Yount, Hyde S
Barbour regarding organization of the Treasurer's Office. The
Committee noted that the Treasurer had selected F &M Bank to
provide consolidated bank services. The consultant has worked
with F &M Bank to refine the format of reports to be received
under the lock box and repurchase agreement services. All
phases are currently on schedule to implement the lock box
system and to transfer school fund and welfare fund checking
accounts from the other banks to F &M. The Committee noted that
continuing work will be involved with evaluating investment
strategies and responsibilities, internal control testing,
refining employee responsibilities, establishing a routine for
review of unpaid delinquent taxes, and developing appropriate
monthly financial reports for review by the Finance Committee
and Board of Supervisors. The Committee also noted its support
to improve the office layout and modernize the facilities for
use by the Treasurer.
Mr. Stiles stated that he would like to see the plans for
modernizing the Treasurer's Office before it is done.
Bidding Procedures
The Committee reviewed a letter that had been submitted to
the Board of Supervisors regarding bidding procedures. The
Committee noted that the purchase of all County equipment is
done pursuant to the Purchasing and Account Payable System
Procedures which was adopted by the Board several months ago.
The Committee noted that purchasing procedures are in
conformance with and parallel to State law governing purchasing.,
The Committee noted that in the bids for the tractor, that is
referenced in the letter, two alternates were bid: (1) for the
straight purchase of the tractor and, (2) with a trade -in
allowance for the tractor to be replaced. The Committee noted
that 8 bids were received and, alternate two for the trade -in of
the tractor was the basis for the selection of the bids. The
low bid was more than 7% lower than the next lowest bid. The
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Committee is satisfied that the procedures were properly
followed and that the procedures which were established for
purchasing are appropriate.
Also pursuant to the adopted purchasing procedures, the
Finance Committee recommends adoption of the following
resolution to acknowledge a telephone poll:
Upon motion made by William H. Baker, seconded by Will L.
Owings and passed unanimously, the following Resolution was
approved.
BE IT RESOLVED by the Frederick County Board of Supervisors
that the action of the Finance Director in issuing a purchase
order to Poquoson Motors, Inc. for the purchase of one
automobile in the amount of $7,474.50, for the Sheriff's
Department, as authorized by a telephone poll of this Board on
August 14, 1981, is hereby approved.
Revenue Projections
The Committee reviewed an update of the revenue projections
based on the actual amounts billed for real estate and personal
property taxes. The Committee noted that the estimated net
collectable is approximately $190,000.00 greater than originally
estimated. The Committee also noted that the Library Board had
revised their budget and reduced their request for financial
support from Frederick County by $6,000.00. The Committee also
noted that, after discounting for carry forward funds, and the
previously recommended fencing project, there was approximately
$24,000.00 remaining unspent in the Recreation budget from FY81.
After discounting for the projected loss in sales tax revenue
from the 1% fuel exemption previously discussed in Item 2, the
estimated unallocated balance of the County is increased by
$203,087.00. The Committee will be continuing to monitor other
actual collections of revenue and for expenditure comparison to
estimates.
Financial Management Work Program
The Committee reviewed an outline of the various topics
that will be addressed by the Finance Committee over the next
several months. One of the most important elements of this will
be the development of a Capital Improvements Plan for Frederick
41.1
County. The Committee noted that the primary responsibility for
the development of such a plan lies with the Capital
Improvements Committee of the Planning Commission. The
Committee noted that a detailed study design had been prepared
for the development of such a plan which includes an extensive
financial analysis of past trends and projections for Frederick
County. A copy of the series of analyses proposed to be
undertaken is attached. The Committee noted that a meeting of
the Comprehensive Plan Committee and Capital Improvements
Committee and of the Planning Commission is scheduled for
Friday, September 4, to review the study design and that
subsequent recommendations regarding the timing and development
of the plan will be forthcoming to the Board later in
September.
As part of the review of the work program the Committee
also reviewed the report that had been prepared by Robinson,
Farmer, Cox Associates regarding a Business and Professional
Occupational License Tax. The Committee noted that the study
design for the Capital Improvements Program includes an
extensive analysis of the revenue condition of the County and
therefore has decided to withhold any further analysis of the
Business and Professional License until a more comprehensive
analysis of the revenue potential of the County has been
developed and the BPOL Tax can be considered in that broader
context. The Committee also noted that the concept of
collecting taxes on a twice yearly basis would also be
considered subsequent to the receipt of the detailed cash flow
analysis information which will also be undertaken as part of
the overall fiscal analysis.
BOARD RET IRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by William
H. Baker and passed unanimously, the Board retired into
Executive Session in accordance with Section 2.1 -344, Subsection
(a)(1) to discuss personnel matters.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
41.2
Upon motion made by William H. Baker, seconded by Rhoda W.
Maddox and passed unanimously, the Board withdrew from Executive
Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by William H. Baker, seconded by Rhoda W.
Maddox and passed unanimously, the Board reconvened into Regular
Session.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT
IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
�fiiairman,( S d of Su paFyisors C erk, Board of Supervisors