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November 24, 1982 Regular Meeting710 A Regular Meeting of the Frederick County Board of Supervisors was held on November 24, 1982, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT S. Roger Koontz, Chairman; Will L. Owings, Vice - Chairman; William H. Baker; Rhoda W. Maddox; David L. Smith and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend George Stein of the Centenary United Church of Christ. ADOPTION OF AGENDA Mr. Baker stated that he had an item under "Old Business ". Mr. Smith stated that he had an item under "County Officials ". Mr. Owings stated that he also had an item under "County Officials ". Mr. Stiles stated that he had an item under "County Officials" and "Old Business ". Mr. Baker stated that he had budget adjustments and appropriation transfers from the Finance Department that the Board needed to approve and also a Personnel Committee Report. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the minutes of the Regular Meeting of October 27, 1982 and the minutes of the Special Meeting of November 5, 1982 were approved as submitted. OLD BUSINESS Mr. Baker stated that a matter had come before this Board and been approved by this Board for public hearing and he had the following statement in which he wished to make with reference to this matter: A unanimous recommendation was made by the Finance Committee, of which I am Chairman, for a Public Hearing to be held on the matter of a Business Professional and Occupational License Tax to be considered by the County in lieu of the Merchants Capital Tax. The record shows that this recommenda- tion passed by unanimous Board vote on the occasion of the October 27, 1982 meeting with all members present. The purpose of recommending the BPOL Tax to replace the Merchants Capital Tax was to more equitably distribute the tax burden to County businesses. The State Retail Merchants Association has publicly stated their opposition to the Merchants Capital Tax, due to its many inequities, and certainly it will be a topic of discussion at future sessions of the Legislature. 711 1 The Finance Committee recommended that the BPOL be advertised at the maximum rates which, if passed, would give the County much needed funds to help offset the projected revenue shortfall for next year. It should be noted that the projected shortfall is not the difference between projected revenues and departmental requests, but the difference between projected revenues and current levels of expenditures. If you allow for normal growth within departmental budgets next year, the $700,000 projected shortfall could be much larger. The increase in school local funds last year alone was over $400,000. New sources of revenue for the County are non - existing except for the BPOL or increases in local property taxes. We have discussed twice a year tax collections but this will alleviate a budget problem for one year only. The Finance Committee has and will continue to investigate all avenues to balance the County budget so as to avoid unnecessary tax increases. I am rather sensitive to the political aspects of the cancelling of the Public Hearing and wish for the record to show I was opposed to doing so. h1r. Stiles stated that when Mr. Koontz called him he did not understand him to say that the Public Hearing would be cancelled and he was not sure that legally the Board could do that. Mr. Baker stated that it was his understanding that when a Public Hearing was announced that it should be heard. He further stated that he agreed that there would be pros and cons but he did not feel the meeting should have been cancelled. Mr. Koontz stated that perhaps he had misunderstood what each of the Board members had said when he polled them by phone, but he understood each of them to say, when he had called, that they did agree to cancel the Public Hearing on the Business Professional License Tax. Mr. Owings stated that regardless, it is too late to do anything now for this year. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the Public Hearing on the Business Professional Occupa- tional License Tax that was scheduled for tonight's meeting be cancelled. Mr. Stiles stated that he would like to address a subject related to the BPOL Tax. In the discussion for Budget year 1980 -81, in the Spring of 1980 when this Board advertised and passed over my decention a thirty five cent increase in Real Estate Tax, l made the statement then that if the thirty five cent increase were directed to the Courthouse Construction Fund rather than to Salaries, 1 would have voted for that tax increase. He further stated that had the Board put this toward the Courthouse Construction Fund this four hundred thousand dollars would have been put on deposit drawing interest at somewhere between fourteen and fifteen percent approximately. 71 By this time this amount would have grown to something over six hundred thousand dollars which the County would have set aside. He further stated that we would not be faced with the half million increase for the upcoming year for Courthouse Construction. He further stated that because of the seven hundred thousand dollar shortfall and the half million dollar increase we are projecting right now, cuts of very close to a million two hundred thousand dollars using current revenue figures for projections in next year's General Operating Fund and Local School Fund. Mr. Stiles further stated that the point he was making was if this Board had been foresighted enough to begin a year ahead, setting aside for the Courthouse Construction, we would not be in this soup we are in right now and in fact would be in fairly sound shape. Mr. Owings stated that the figures sound good but to undo what has been done would be about as easy as unringing a bell. Mr. Baker stated that he had always been one to admire hindsight because it is never less than twenty twenty. He further stated that he did not recall any conversation on the occasion of acceptance of that particular budget over the objection of Mr. Stiles. Mr. Baker further stated that it was the consensus of opinion of the Board that the salaries must remain competitive, to which to some degree he didn't think that Mr. Stiles had a tremendous amount of objection as to the competitive nature of salaries of the County employees. He further stated that had Boards in this County in previous years considered the future to the degree that this Board has been faced with doing in the past two or three years, that he had been a member, that perhaps this Board would not be finding itself in the position it is in today. COUNTY OFFICIALS LEWIS LAMP, JR. REAPPOINTED TO ROAD VIEWERS FROM SHAWNEE DISTRICT - APPROVED Upon motion made by David L. Smith, seconded by Will L. Owings and passed unanimously, that Lewis Lamp, Jr. be reappointed to serve on the Road Viewers from Shawnee District. FRED GORE REAPPOINTED TO ROAD VIEWERS FROM OPEQUON DISTRICT - APPROVED Upon motion made by Will L. Owings, seconded by David L. Smith and passed unanimously, that Fred Gore be reappointed to serve on the Road Viewers from Opequon District. 713 Mr. Stiles stated that he had received a call from a representative of the Old Town Winchester festivities and that there had been an oversight inasmuch as the Board had not been officially invited to the lighting ceremonies and the reception that was to follow in the Board Room, and that he would like to extend this invitation to the Board to attend these festivities on Friday, November 26, at 5:00 P.M. REQUEST FOR CONCESSION STAND FOR MONTH OF DECEMBER ON COUNTY PROPERTY AND LIGHTING OF MAPLE TREES IN FRONT OF COURTHOUSE BY DOWNTOWN DEVEL BOARD - APPROVED Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, that the request for a concession stand, for the month of December, as well as the lighting of the maple trees in front of the Courthouse, by the Downtown Development Board be approved. LITTER CONTROL GRANT - APPRO Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the following Litter Control Grant was approved: WHEREAS, The Frederick County Board of Supervisors recognizes the existence of a litter problem within the boundaries of Frederick County; and, WHEREAS, The Virginia Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of grants for the purpose of enhancing local Litter Control Programs; and, WHEREAS, Having reviewed and considered the regulations and the application covering administration and use of said funds; and, WHEREAS, The County is currently engaged in a Litter Control Program through 1982 funding; and, BE IT FURTHER RESOLVED, That the Frederick County Board of Supervisors hereby endorses and supports such a program for Frederick County as is indicated in the attached Application Form LC -G1; and, hereby authorizes James E. Boyd, Finance Director, to plan, budget, and apply for a grant, which if approved, will be used to fund said Program; and, BE IT FURTHER RESOLVED, That the Board hereby requests the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve said Application and Program, said Program being in accord with the regulations governing use and expenditure of said funds. PUBLIC HEARIN CUP #014 -82 - KENNETH B. SETTLE - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Steve Gyurisin presented this request stating that the Planning Commission recommended approval with conditions. Mr. Fleet, a neighbor of Mr. Settles, appeared before the Board and stated that this conditional use permit concerned him as he felt he would be plagued with debris being thrown on his property from the Miniature Golf Course and more specifically, cans and bottles from alcoholic beverages. 7 1 r.1, The Board discussed Mr. Fleet's concern and felt that the condition of no alcoholic beverages allowed on the premises needed to be added to the list of conditions that had been approved by the Planning Commission. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, that the conditions for conditional use permit #014 -82 of Kenneth B. Settle be amended. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, that the conditions be amended to add an additional condition which states that no alcoholic beverages will be allowed on the premises. Mr. Fleet also expressed concern as to what recourse he would have if in fact this condition was not adhered to. The Board assured Mr. Fleet that all he would have to do would be to call a Board member or call a Staff member and his concern would be checked into at that time, and if Mr. Settle did not adhere to the conditions, his conditional use permit would be revoked. Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously that conditional use permit #014 -82 of Kenneth B. Settle, 5 Wilkins Drive, Winchester, Virginia, requesting a permit for the construc- tion of a Commerical Outdoor Recreation, Athletic, or Park Facility, /Minia- ture Golf Course be approved. This property is designated as Parcel No. 1 on Tax Map No. 64A in the Shawnee Magisterial District. CUP #015 -82 - PETER G. AND CRYSTAL M. DASSLER - GAI NESBORO MAGISTERIAL DISTRICT - APP ROVED Mr. Steve Gyurisin presented this request stating that the Planning Commission recommended approval with conditions. Mr. Steve Butler, Attorney, appeared before the Board representing Mr. and Mrs. Dassler. Mr. and Mrs. Dassler were also present on behalf of their request. Mr. Butler stated that he would like to request that the Dasslers be allowed to erect a four by eight foot sign at the entrance of their property. Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, that this conditional use permit be amended. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that the condition be added to this conditional use permit request stating that the Dasslers have permission to erect a four by eight foot sign at the entrance of their property. 7 1 155 Upon motion made by Rhoda W. Maddox, seconded by William H . Baker and passed unanimously, that conditional use permit #015 -82 of Peter G. and Crystal M. Dassler, Route 1, Gore, Virginia, requesting a permit for a Cottage Occupation /Construction and Sale of Small Utility Buildings be approved. This property is designated as Parcel No. 155 on Tax Map No. 28 in the Gainesboro Magisterial District. REQUEST FOR LAUCK SUBDIVISION - APPROVED Mr. Steve Gyurisin presented this Subdivision request. Mr. Randolph Larrick, Attorney, appeared before the Board on behalf of the Petitioner. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the request for the Lauck Subdivision located in Stone- wall Magisterial District for the subdividing of six lots for single family housing be approved. APPROPRIATION TRANSFERS /BUDGET ADJUSTMENT - APPROVED Appropriation Transfers 1. Division of Court Services requests that $500.00 be transferred to Central Stores Office Supplies account. This was an oversight during budget preparation. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Mr. Owings stated that he felt this needed to be stopped, that at every meeting there are always requests due to budget preparation oversights. Mr. Baker stated that he agreed with Mr. Owings. 2. Division of Court Services requests that $8,696.36 be transferred from a vacant Office Manager position to an Account Clerk II position. The Office Manager will not be filled and will be replaced by the lesser paying Account Clerk II position. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. 3. North West Regional Jail requests that $250.00 be transferred to cover Central Stores Office Supplies. This was an oversight during budget preparation. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. 4. The Commonwealth's Attorney requests that $10.00 be transferred to cover increased cost of surety bond. 716 Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. 5. Planning and Development requests that $150.00 be transferred to purchase instructional materials for Planning Commission members. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Budget Adjustment 1. The Sheriff requests a budget adjustment in the amount of $1,550.27 to restore travel funds expended in transporting a State prisoner. Funds have been received from the State. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. PERSONNEL COMMITTEE REPORT AND RECOMMENDATIONS Mr. William Baker, Chairman, presented the following report: The Personnel Committee met on Monday, November 22, 1982. Those in attendance were William H. Baker, James L. Longerbeam and Ann K. Kelican. The Committee submits the following report and recommendations: Request from Information Servic Director for a Transfer vertime Compensation The Committee reviewed a request from the Information Services Director to transfer $2,000.00 from Line Item 10 -01- 012 - 1220 - 1001 -46 Entry Operator I to Line Item 01 -01- 012 - 1220 - 1005 -00 Extra Help /Overtime, to cover the cost of overtime for personnel in that Department necessitated by the recent resignation of an Entry Operator. The Director advised the Committee that the final phase of conversion is now underway and due to the lack of time needed for proper training and more pressing needs in other areas, such as programming and operations, the position will not be filled for approximate- ly 3 months thereby necessitating the use of current personnel to maintain the conversion schedule, as well as the day to day operations of the Depart- ment. Overtime will be used only to meet conversion requirements or dual responsibilities. The Committee recommends approval of this request. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above request was approved. Merit Evaluation Certifications A. The Committee submitted the merit evaluations of Planning Director John T. P. Horne and Director of Court Services Charles D. Poe to the Board at the last meeting. These evaluations should be certified at this meeting. - 717 It would be appropriate for the Board to review these evaluations in Executive Session. B. The Committee conducted the merit evaluation of Public Services Director Robert B. Harriman and submits it to the Board for consideration and certification at the December 8, 1982 meeting. There was no action taken. Comp Time Policy The Committee discussed at length the current County Comp Time Policy. Several changes and modifications were suggested and a draft is being prepared for consideration by the Committee at their next meeting on December 9th. The policy will be presented to the Board when the revisions are completed. There was no action taken. Mr. Stiles stated that he would like to sit down with the Consultant from Robinson, Farmer and Cox and discuss the BPOL Tax and he asked Mr. E if he would arrange such a meeting. BOARD CANCELS DECEMBER 22, 1982 BOARD MEETING Upon motion made by David L. Smith, seconded by Will L. Owings and passed unanimously, that the second Board Meeting scheduled for December 22, 1982, be cancelled. DAVID L. SMITH APPOINTED TO THE COUNTY GYPSY MOTH CONTROL COMMITTEE - APPROVED Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, that David L. Smith be appointed to serve on the County Gypsy Moth Control Committee as the Board representative. The Committee will have its first meeting in Fairfax on December 2, 1982. Mr. Stiles stated that at the last meeting he raised a question concerning a Constitutional Officer and their hiring practices and that the Chairman stated he would follow up on this. Mr. Koontz stated that he did not make that statement. Mr. Stiles stated that apparently he had misunderstood. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code Section 2.1 -344, Subsection (A) (1) to discuss Personnel. BOARD WITHDRAWS FROM EXECUTIVE SESSION 718 Upon motion made by David L. Smith, seconded by William H. Baker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. rman, ard perviso Deputy Clerk, Board of Supervisors