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May 26, 1982 Regular Meeting542 A Regular Meeting of the Frederick County Board of Supervisors was held on May 26, 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 William Guthrie of the Burnt Presbyterian Church. ADOPTION OF AGENDA Mr. Smith requested that the matter under Tab G, "Status of 84 Lumber Case ", be discussed in Executive Session. He further requested time under "County Officials ". Mr. Stiles requested that Number 6 of the Finance Committee Report, "Request from School Board ", be moved up in the agenda rather than make the School Board Officials set through the entire agenda, but since Mr. Costello was not present at this time they would just wait until he arrived. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the minutes of the regular meetings of April 14, 1982 and April 28, 1982 were approved as submitted. JACK DIXON NOMINATED AS SCHOOL BOARD APPOINTMENT FROM SHAWNEE DISTRICT Mr. Smith stated that he had had seven persons apply for the School Board appointment and that the Committee that he had selected had chosen three for his consideration. He further stated that he had selected Mr. Jack Dixon, of 1560 Stafford Drive, as his nomination. Mr. Stiles requested that Mr. Dixon be present at the meeting on June 23, 1982. Mr. Dixon agreed to this request. MR. WILLIAM NETHERS REAPPOINTED TO THE COMMUNITY CORRECTIONS RESOURCES BOARD - APPROVED Mr. Smith stated that he had tried a couple of times to reach Mr. Nethers but had been unable to do so. 542 -A Mr. Baker and Mrs. Maddox stated that they both had spoken with Mr. Nethers and that he was willing to be reappointed to this Board. Upon motion made by David L. Smith, seconded by William H. Baker and passed unanimously, that Mr. William Nethers be reappointed to the Community Corrections Resources Board, said term to commence July 1, 1982 and terminate on July 1, 1984. WADE EMftIART APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY TO SERVE UNEXPIRED TERM OF DON SHOCKEY - APPR(1VPr) Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, Mr. Wade Emmart is hereby appointed to serve the unexpired term of Don Shockey on the Industrial Development Authority, said term to commence on May 26, 1982 and terminate on November 10, 1985. COUNTY OFFICIALS Mr. Smith stated that he had had a number of men within the County suggest to him that a Fire and Rescue Committee be organized within the County and that the Board would be represented by a liaison member. After discussion by the Board it was decided that this would be referred to the Personnel Committee for their study and recommendation. CUP #007 -82 - MRS. STEPHEN CULBERT - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this Conditional Use Permit stating that the Planning Commission recommended approval with conditions. Mrs. Culbert appeared before the Board on behalf of her request. Upon motion made by David L. Smith, seconded by William H. Baker and passed unanimously, the Conditional Use Permit #007 -82 of Mrs. Stephen Culbert, 1132 Senseny Road, Winchester, Virginia, requesting a permit for a home occupation /silk flower arranging shop was approved. This property is designated as Tax Map 54(C)(8), Parcel 5, in the Shawnee Magisterial District. CUP #008 -82 - GILBERT C. MILLS - OPEQUON MAGISTERIAL DISTRICT TO BE DISCUSSED LATER IN THE MEETING Mr. Mills was not present at this time, therefore the Conditional Use Permit request will be heard at the end of the Planning Commission Business. CUP #009 -82 - COHOKA CORPORATION BY RICHARD C. KAYLOR - BACK CREEK MAGISTERIAL DISTRICT TO BE DISCUSSED LATER IN THE MEETING 543 Mr. Kaylor was not present at this time, therefore the Conditional Use Permit request will be heard at the end of the Planning Commission Business. ORDINANCE AMENDMENTS AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE III, SECTION 21 -16 (P) AND TO AME ND ARTICLE IV, SECTION 21 -26 (0) - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE III, SECTION 21 -26 (P) AND TO AMEND ARTICLE IV, SECTION 21 -26 (0). THE PROPOSED ORDINANCE AMENDMENT WOULD ALLOW ACCESSORY STRUCTURES OR BUILDINGS, AS DEFINED, WITH NO ACCESSORY STRUCTURE CLOSER THAN 15' TO ANY PROPERTY LINE IN THE A -1 (AGRICULTURAL - LIMITED) AND THE A -2 (AGRICULTURAL- GENERAL) DISTRICT. (P) Accessory uses as defined, however, garages or other accessory uses such as carports, porches, and stoops, attached to the main building shall be considered part of the main building. No accessory structure may be closer than 15' to any property line. (0) Accessory structures as defined, however, garages or other accessory structures such as carports, porches and stoops, attached to the main building shall be considered part of the main building. No accessory structure shall be closer than 15' to any property line. AN ORDINANCE TO AME 21, ZONING, TO AMEND APPROVED THE FREDERICK COUNTY CODE, CHAPTER TICLE III. SECTION 21 -20 fA) - Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE III, SECTION 21 -20 (A). THE PROPOSED ORDINANCE AMENDMENT WOULD MAINTAIN THE MINIMUM SIDE YARD FOR EACH MAIN STRUCTURE AT 15' WITH THE TOTAL WIDTH OF THE TWO REQUIRED SIDE YARDS AT 35' IN THE A -1 (AGRICULTURAL - LIMITED) DISTRICT. (A) The minimum side yard for each main structure shall be 15' and the total width of the two required side yards shall be 35'. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE I SECTION 21 -1 - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE I, SECTION 21 -1. THE PROPOSED ORDINANCE AMENDMENT WOULD ADD TWO DEFINITIONS: ACCESSORY USE AND ACCESSORY STRUCTURE OR BUILDING TO THE ORDINANCE Accessory Use - A use customarily incidental and subordinante to the main use or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent, or purpose, the principle, lawful use of the building, except that vehicle parking areas may be larger than the building area. On bonafide operating farms, temporary or permanent housing for farm workers actively working 544 on the farm, or tenants shall be considered an accessory use and structure. Accessory Structure or Building - A subordinate structure or building located on the same lot with the main building occupied or devoted to an accessory use. Where an accessory building is attached to the main building in a substantial manner as by wall, roof, or floor, such accessory building shall be considered part of the main building for purposes of yard determination. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18 SUBDIVISION OF LAND ARTICLE III, DIVISION 5, SECTION 18 -46.1 AND SECTION 18 -47 - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISION OF LAND, ARTICLE III, DIVISION 5, SECTION 18 -46.1 AND SECTION 18 -47. THE PROPOSED AMENDMENT WOULD CHANGE THE MINIMUM WIDTH AND THE CONSTRUCTION STANDARD REQUIREMENTS FOR STREETS TO MEET AND CONFORM WITH THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION SUBDIVISION STREET REQUIREMENTS. The minimum width of proposed streets, measured from lot line to lot line, shall meet the Virginia Department of Highways and Transportation Subdivision Street Requirements; shall be approved by the Administra- tor; and, shall be shown on the preliminary and final subdivision plats. All new subdivision streets shall conform with the Virginia Department of Highways and Transportation Subdivision Street Requirements; shall be inspected and approved by the Virginia Department of Highways and Transportation; and, shall be approved by the Administrator. CUP #009 -82 - COHOKA CORPORATION BY RICHARD C. KAYLOR - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this Conditional Use Permit request and stated that the Planning Commission recommended approval with conditions. Mr. Richard Kaylor, Secretary- Treasurer of Cohoka Corporation, appeared before the Board on behalf of his Conditional Use Permit request. He stated that there would be three types of carts allowed on the track. He further stated that this would be an asphalt track and that there would be no racing allowed at any time. Mr. Koontz asked if the area would be policed and further that no alcoholic beverages and drugs would be allowed. Mr. Baker asked about Number 5 of the Planning Commission recommenda- tions, noise screening as necessary. Mr. Kaylor stated that they did not anticipate any problems with noise but that they were prepared to plant large trees to take care of this if it should become a problem. Mr. Koontz asked Mr. Kaylor if he had a problem with no alcohol signs being erected at the location. Mr. Kaylor stated that he did not. 545 Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the Conditional Use Permit No. 009 -82 of Cohoka Corpora- tion by Richard C. Kaylor, Post Office Box 2804, Winchester, Virginia, requesting a permit for a commercial outdoor recreation facility/ recrea- tional fund cart track was approved. This property is desginated at Tax Map 75, Parcel 2, in the Back Creek Magisterial District. 1982 -83 SIX YEAR SECONDARY ROAD IMPROVEMENT BUDGET AND PLAN - APPROVED Mr. William Bushman, Resident Engineer, and Mr. Jeff Kessler, Assistant Resident Engineer, appeared before the Board and stated that the Six Year Plan will be be presented at the Board Meeting on June 23. Mr. Bushman stated that the Number 1 priority is Route 654 and other priorities are as follows: Rt. 654 - Major reconstruction - #1 priority on old six year plan Rt. 642 - Bridge and approaches over Opequon - #6 priority of old six year plan Rt. 672 - (Brucetown Road) - Widen, spot improvements, drain and resurface - #7 priority of old six year plan Rt. 628 - (Fr. Rt. 638 to Rt. 622) - Strengthen, spot improvements, drain, and resurface - #12 priority on old six year plan Rt. 672 - (Fr. W. -int. Rt. 665 to Rt. 661) - Widen, spot improvements, and resurface - #9 priority on old six year plan Rt. 628 - (Fr. Rt. 631 to Rt. 638) - Strengthen, spot improvements, drain, and resurface - #10 priority on old six year plan Rt. 672 (Fr. Rt. 661 to Rt. 739) - Widen, spot improvements, and resurface - #11 priority on old six year plan Rt. 628 (Fr. Rt. 631 to .55mi. south of Rt. 732) - Widen, strengthen, and resurface - #8 priority on old six year plan Mr. Bushman further stated that some $250,000.00 had been allocated for paving of non hard surface roads within the County. They are as follows: 1. Rt. 671 2. Rt. 663 3. Rt. 619 4. Rt. 629 5. Rt. 624 6. Rt. 625 7. Rt. 660 8. 9. E 10. Rts. 668, 680, 694 Mr. Owings asked about Route 624. Mr. Bushman stated that right -of -ways have to be acquired for this and that he hoped to have this done before the fiscal year ends. 546 Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, that the 1982 -83 Secondary System Improvement Budget of the Virginia Department of Highways and Transportation, in the amount of $838,917.00, be approved as presented. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. Baker, Chairman, presented Number 6 of the Finance Committee Report and Recommendations inasmuch as Mrs. Black, Mr. Costello and Mr. Perrault were now in attendance. Request from School Board Attached is a resolution passed by the School Board requesting the Board of Supervisors to make certain amendments and authorizations in relationship to the 1982 Fiscal Year School Budget. This matter was not received in time to be reviewed by the Finance Committee and is presented without recommendation to the Board. Mr. Perrault will be present to discuss the resolution with the Board. Mr. Costello read the following resolution: At the Regular Meeting of the Frederick County School Board held on the 17th day of May 1982, the following action was taken: Upon motion made by: Lewis M. Costello, seconded by Barbara W. Black, BE IT RESOLVED, That the Frederick County School Board requests of the Frederick County Board of Supervisors permission to amend the 1981 -1982 operation budget to include additional State, Federal and other revenues and any other funds that have been allotted to the Frederick County School Board for the 1981 -1982 fiscal year. BE IT FURTHER RESOLVED, That said funds to be expended will be available from Federal, State and other revenues and represent no additional burden upon the General Revenue Fund of the County of Frederick. BE IT FURTHER RESOLVED, That the Frederick County School Board requests the Frederick County Board of Supervisors to authorize that any balance in the 1981 -82 school budget be transferred to the operational category of the 1982 -83 School Board budget. /s/ John T. Solenberger John T. Solenberger, Chairman Frederick County School Board /s/ Donald L. Perrault Donald L. Perrault, Clerk Frederick County School Board 547 Mr. Owings stated that he had no problem with the first two parts of the resolution but he did not agree with the last paragraph. He stated that he did not want to approve a figure when he did not know how much it was. Mr. Costello stated that there was no way the School Board would know what the figures would be until the last day of June. He further stated that he was not aware of the fact that there was a maximum put on this last year and that he had no problem with that being done again this year. Mr. Stiles stated that the inconsequential sum that Mr. Costello referred to two years ago happened to be $183,000.00. He further stated that he agreed with Mr. Owings on the third part and he would like to know before this is transferred as to what line items and to what categories this amount will be transferred to. He further stated that this is the first year this will be transferred to Operations where in the past everything has been transferred to the School Construction Fund. Mr. Stiles stated that he would like to suggest that except for categorical grants that had been received in excess of what was budgeted, whether it be from Federal or State government, that any general fund grants would be used to reduce the local contribution rather than being added to the amount that is spent. Mr. Costello stated that all the resolution was for was to permit the acceptance of the money and the use of the money in the budget. Mr. Stiles stated that if this was approved that a month from now a resolution could be presented to request permission to transfer funds from one line item to another. F 'v9r. Perrault stated that it was his understanding that the School Board was no longer required to submit the transfers end money as this was not necessary. Mr. Stiles inquired as to whom these instructions came from. He further stated that as a bookkeeping item we have always approved a list (last year it was 25 or 26 items) of transfer of funds that were in surplus in one line in the expenditure budget. Mr. Perrault stated that was done in the past and if this is the Board's wish he would be glad to see that this was done. Mr. Stiles stated that in the general grants where they exceed the amount budgeted that this amount should be used to reduce local contribution rather than being tossed into the pot and say, "Find someplace else to spend it ". He further suggested before Mr. Owings puts a ceiling on the third part, that this be tabled until the Board knew whether these amounts were -348 going to the Operational Budget or to the Construction Fund Budget or whether it is going to be returned to the County Construction Fund Budget. Mr. Owings stated that if the Board puts a ceiling on this, that is all the surplus the School Board can use, and we have asked the School Board to reduce their budget requests by considerable amounts on two occasions and that he would be happy if a $25,000.00 to $30,000.00 balance would be carried over as a limit. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, that the School Board resolution be amended stating that a ceiling of $30,000.00 be put on the balance of the 1981 -82 budget. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, that the above resolution be passed as amended. Upon motion made by Kenneth Y. Stiles and seconded by David L. Smith, to table item number 3 of the above School Board resolution until the Board Meeting of June 23, 1982, was defeated by the following recorded vote: Aye - Kenneth Y. Stiles, David L. Smith and Rhoda W. Maddox. Nay - Will L. Owings, William H. Baker and S. Roger Koontz. Mrs. Maddox stated that she voted to table, as this was not the only portion of the County budget that the Board has a problem with and this will be evident when the Board gets into the Law Enforcement and Courts report. She further stated that each year at budget time the County is always lacking some information from the State at a time when the County needs to make budget decisions. Upon motion made by Will L. Owings and seconded by William H. Baker, the above resolution was defeated by the following recorded vote: Aye - William H. Baker, Will L. Owings and S. Roger Koontz. Nay - Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles. Mr. Koontz stated that this resolution could be brought back in 30 days. CUP #008 -82 - GILBERT C. MILLS - OPEQUON MAGISTERIAL DIST RICT - APPROVED Mr. Horne presented this request stating that the Planning Commission recommended approval with conditions. Mr. Mills appeared before the Board on behalf of his request. He stated that he wanted this mill for his own use and that he did operate a mill at this same location before, but it has not been in operation for a couple of years. 549 Mr. Koontz asked about number 2 of the Planning Commission recommenda- tions, that reestablishment be based upon the previous record of materials the mill processed at the site. Mr. Mills stated that he had no problem with that, that the only concern he had was number 3 and the hours of operation of 9 to 5. Mr. Stiles suggested changing this to daylight hours. Mrs. Maddox asked about the series of letters that were included in the agenda and if these letters were meant to establish what the previous record of materials processed would be. Mr. Horne stated that that was correct. Mrs. Maddox questioned why the fencing would be necessary if the mill location would be down under the hill. Mr. Mills stated that he planned to quiet the motor down to the point where it would hardly be heard and the motor is not nearly as loud as a chainsaw. Mr. Smith stated that it was his understanding that the mill would be located on the bare spot on the back knoll that had been cleared. Mr. Mills stated that that was correct. Ms. Joyce Ware appeared before the Board stating that she was a titled property owner of land adjoining Mr. Mills. She further stated that this land is zoned Agricultural and that not far away is land zoned Industrial which she felt Mr. Mills could use. She stated that if Mr. Mills could show evidence that no such property is available, then and only then should the governing body consider his request for non conforming use of what is basically residential land. Mr. Owings asked Ms. Ware how far her home was from the proposed opera- tion. Mr. Horne replied about 11 hundred feet with the property line being approximately 4 to 5 hundred feet. Mr. Stiles asked Ms. Ware if Mr. Mills had his mill in operation at the time she purchased her house. Ms. Ware stated that she purchased the house in April of 1979 and at that time he had abandoned the mill. Mr. Leon Strosnider appeared before the Board stating that he lived in the area of Mr. Mills and that he had no objection to his sawmill. He further stated that he had no worries that this mill would devalue his property. He stated that at the Planning Commission meeting a false state- 550 ment had been made by Mr. Paul against him and he has a letter that he would like to be made part of the minutes of this meeting. TO WHOM IT MAY CONCERN: Let it be known that I, Charles Huntsberry, Jr., have never been threatened by or made the statement to anyone that I have been threatened by Leon W. Strosnider of Windy Hill Farm, Rt. 1, Stephens City, Virginia. /s/ Charles W. Huntsberry, Jr. May 26, 1982 Signature Date /s/ Nancy W. Huntsberry May 26, 1982 Signature Date Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that this letter be made a part of the minutes of the meeting. Upon motion made by Will L. Owings, seconded by David L. Smith and passed unanimously, that number 1 of the Planning Commission conditions be eliminated and that number 3 be changed to daylight hours, Monday through Saturday. Mr. Horne stated that he felt the Board needs to take into considera- tion the effect this will have on the adjacent property owners. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles passed unanimously, to amend the recommendation that this Conditional Use Permit would be reviewed in one year. The matter of the daylight hours would be included in this review at the end of the one year period. Mr. Horne read the following amendments: 1. This will be a one year permit to be reviewed annually by the staff, Planning Commission and the Board of Supervisors. 2. If the use, occupancy or ownership of the property changes, the Conditional Use Permit shall expire and a new Conditional Use Permit will be required. Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox, that the Conditional Use Permit #008 -82 of Gilbert C. Mills, Box 28, White Post, Virginia, requesting a permit to reestablish a non conforming use with the amendments as listed above was approved. This property is designated as Tax Map 94(A), Parcel 8 & 9, in the Opequon Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, David L. Smith and Kennet Y. Stiles. Nay - William H. Baker. The Board recessed at this time. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT AND RECOMMENDATIONS 551 Mrs. Maddox, Chairman, presented the following Law Enforcement and Courts Committee report and recommendations: The Law Enforcement and Courts Committee met on May 18, 1982 with all members present. Also present were Sheriff Bruce and Commonwealth's Attorney Lawrence Ambrogi. The Committee makes the following report and recommendations: Allocations of Sheriff's Manpower for Patrol Purposes The Committee discussed possibilities for various staffing patterns in the Sheriff's Office to put higher manpower levels for the peak call situations. The Sheriff noted that this was being done to the extent possible, since leave was generally only being approved for those persons that were assigned to the low call shift periods, traditionally after midnight. The Sheriff indicated that while there had been no notification from the Compensation Board yet about approving additional positions, if the State picked up an additional two positions the Sheriff would put one on each of the night shifts. The Committee also discussed the need for addi- tional part -time help as a backup for the dispatching crew. This matter will receive further study by the Committee. The Committee continues to support that the level of County funded positions be maintained. If the State picks up additional positions the County would keep the number of locally funded positions the same which would allow an increase in patrol manpower. Some interest was expressed for an additional sixty to sixty five thousand dollars to be acquired in the FY83 Budget for an additional two positions and the related equipment. Chaplaincy Program The Committee discussed a proposal to develop a Chaplaincy Program to work with the County Sheriff's Department. The Committee reviewed the proposed duties for a department Chaplain. The Sheriff noted that currently Chaplaincy services are being supplied by the City Police Chaplain. The Sheriff agreed to introduce the proposal for such services to the depart- mental staff and that any implementation of such services would be handled administratively within the Sheriffs Department. Mrs. Maddox stated that they were still awaiting word from the State Compensation Board. The above report was approved as submitted. CODE AND ENGINEERING COMMITTEE REPORT AND RECOMMENDATIONS I; Mr. Owings, Chairman, presented the following Code and Engineering Committee report and recommendations: The Code and Engineering Committee met on May 20, 1982, with all members present. Also present were J. White, J. Horne, J. Dennison and E. Wright. The Committee makes the following report and recommendations: Department of Inspections A. Inspections Backlog Data on backlogged inspections was presented and discussed by the Committee. The Committee agreed that all backlogged inspections should be addressed and eliminated by investigation rather than administratively. Various methods of accomplishing this were discussed; to include assigning one inspector full time to this task. The Committee directed the Permit Center to proceed with all dispatch to develop a plan and systematic procedures with a schedule to eliminate the backlog as soon as possible, to include a report to the Committee on a bi- monthly basis of the progress. Mr. Stiles stated that on the enclosures it states that there are 885 inspection permits that have been issued that have not had any action for 6 months. He suggested that one of the secretaries within the Department be asked to make calls in order that these people might be contacted. Mr. Owings stated that if an Inspector was assigned to these that he would make the initial call. Mr. Harriman stated that in some instances a call would do and in other instances it would not. Mr. Koontz stated that some of these structures that have not received a final inspection are being lived in and this concerned him. Mr. Stiles asked what would happen if an Inspector goes to make an inspection and there are definite violations. Mr. Dennison, Inspector, stated that nothing is done unless there is a definite safety violation. The Board discussed how this backlog came about and that effort needs to be made to reduce this number and to keep the number at a minimum in the future. B. inspections Performance Evaluation The Committee reviewed a draft of a staff proposal to solicit public comments on the quality of service that is provided by the Department of Inspections. The proposal would be to distribute this sheet to every permit holder to be returned when the certificate of occupancy is issued. 553 Response would be voluntary and would address all phases of the building permit process and returned directly to the Committee via the Office of the County Administrator. The Committee endorsed the concept and directed the Department of Inspections to proceed and agreed to participate as a review authority. C. Inspection Liability The Committee raised the question of individual staff and Depart- ment /County liability as it relates to inspection errors or oversights, etc. Additionally, the staff was asked to look into the feasibility of requiring an inspection that would be made prior to the sale of property to insure minimum BOCA standards are met to protect the new owner. The staff will research this and originate a position paper memorandum via the Office of the Commonwealth's Attorney. Mr. Stiles stated that three fourths of the houses in Frederick County would not pass. D. Permit Center Support The Committee received a presentation from John Horne, Director of Planning and Development, describing the interlocking nature of all the functions in the Permit Center and emphasized to the Committee the value of the Permit Center concept. The Committee noted that the administrative functions performed by the Design Review desk and the Field I Inspectors released the Deputy Director of Planning to pursue the critical task of long range planning. E. Compensatory Time The Committee reviewed the compensatory time logged by the Inspec- tions Department and noted that most time was accumulated when the Depart- ment was under -staff (prior to February, 1982) and an attempt was made to eliminate the balances. The Committee noted that present staffing will permit a continuing monitoring of permits that will mitigate against any increase in accumulations of compensatory time. Mr. Stiles asked how this amount of comp time was allowed to build up to 150 hours in some cases and noted that that is 19 full working days. Mr. Harriman stated that some of this was due to the problem of the backlog of inspections. Mr. Stiles stated that it should have never gotten to this point, that this is outrageous and stated that he felt a person should not get comp time for time spent in training. He further stated that the backlog should not 5 5 1. be done on extra hours in order to pick up comp time. Mr. Stiles further stated that this just happens to be one of the Departments that he asked for -- is it worth asking about the other Departments. Mr. White stated that there have been several Departmental Head meetings and a discussion was held of the existing policy and it was the general consensus that there is need for several amendments. He stated that he had a draft on his desk at this time for revisions to the policy. He stated that this was scheduled to go to the Personnel Committee at their June meeting and then on to the Board in June. Mr. White further stated that they are trying to develop a policy that recognizes legitimate needs versus what we think are excessive. He stated that he would proceed with the schedule that he outlined above. Mr. Koontz stated that he felt the request was valid and that the Personnel Committee should very definitely address this and report back to the Board. Mr. White concurred. Solid Waste Management The Committee requested that the staff prepare a request for proposal (RFP) to solicit proposals for the study of the cost effectiveness of the present landfill operation and refuse collection and provide a recommendation as to how to proceed as part of this evaluation. The Committee directed the staff to prepare a bid package for contractual services to provide for ten hydraulically operated county -wide sites to be serviced seven days a week and two spare 30 yard compactor containers. The Committee expressed the confidence that any of the options could be achieved within the limits established within the proposed FY83 budget. Mr. Stiles stated that at the last meeting that he had asked how much Mr. Shelly had been paid for this fiscal year and that he would like to know if that figure was available at this time. Mr. Harriman stated that he does not have the total figure as he needs to do further research of the records. Mr. Stiles requested that he be given the bottom line on this figure. He further asked what the status was of the loader. Mr. White stated that this will be addressed at the next Engineering and Code Enforcement Committee meeting. Mr. Stiles asked if Mr. Shelly is being paid for use of his equipment while the loader is down. 555 Mr. Harriman stated that Mr. Shelly's equipment is not being used to replace the loader. Mr. Stiles stated that he felt with the figures given at the last meeting that the County should proceed with getting the loader fixed. STATUS REPORT ON FREDERICK - WINCHESTER JUDICIAL CENTER The Executive Committee has met several times to assist the Architects in finalizing the plans for the Joint Judicial Center. The Committee reviewed with the Architects several written comments received, principally from Judge Woltz, regarding various aspects of the Courtroom layout and design as well as other aspects of the building. Both the Architect and Committee have made every reasonable effort to accommodate input from all the users of the building. There have been a few instances where structural logistics have prevented accommodation and another few instances where decisions have had to be made weighing contrary guidance from the Architects versus the individual users. The Committee has weighed all the input very carefully and has recognized its responsibility to resolve all conflicts and make the decisions. The results of the Committee's actions have been carefully detailed in the Architect's minutes, drawings and specifications and we believe they reflect the proper balance for developing a fully functional Judicial Center taking into account all the myriad tradeoffs. The most recent meeting of the Executive Committee was held on May 19, 1982. The meeting included a presentation of the final draft construction drawings for the Judicial Center. The Committee will be reviewing these drawings for errors with the users over the next week. Final Executive Committee review of the construction drawings and documents is scheduled for June 1, 1982. The Committee is proposing to meet with the whole Committee of the Judicial Center on June 3, 1982 and is proposing to have joint governing body approval of the final documents on June 9 so that the project may be advertised for bid beginning June 28. The Executive Committee is proposing that a joint meeting of the governing bodies be held on June 9 for a single presentation regarding the final documents pertaining to the Courthouse. The Committee also reviewed the building colors and proposed interior finish schedule for the building and will be sharing this information with the users prior to presentation to the whole Committee. The Committee also reviewed a proposed contract for the development of interior furnishings which had been previously contemplated in the scope of services for this 556 project. Detailed recommendations to the governing bodies pertaining to all of these items will be presented as these items are resolved. The project continues to be close to the previously established schedule and the Committee is most pleased with the presentations that have been made by the Architects in finalizing the details of the building. The report is being presented to the governing body to keep it appraised of the progress and development of the project and to advise the governing body regarding the desireable timetable for action to achieve a favorable bid environment. The above report was approved as submitted. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. Baker, Chairman, presented the following Finance Committee report and recommendations: The Finance Committee met on May 11, 1982 with all members present. Also present were Al Toxopeus from Yount, Hyde & Barbour, Commonwealth's Attorney Lawrence Ambrogi, County Treasurer Dorothy Keckley, Commissioner of the Revenue Esten Rudolph, County Administrator James White and Finance Director Jim Boyd. The Committee makes the following report and recommenda- tions: Delinquent Tax Collections As previously reported to the Board at the May 12, 1982 meeting, the Committee had an extensive discussion regarding practices and necessary improvements for the collection of delinquent taxes. The Committee had asked that Commonwealth's Attorney Ambrogi prepare a resolution to request that all parties involved with the preparation of records pertaining to real estate improve efforts to acquire and maintain correct billing addresses. This resolution will be presented to the Board at the meeting. The other information pertaining to the collection of delinquent tax discussion was previously reported to the Board and subsequent information will be forthcoming from future meetings. WHEREAS, the Board of Supervisors continues to be concerned about the number of people who allow their property taxes to become delinquent; and, WHEREAS, the amount of unpaid money involved imposes an additional burden on conscientious people who do pay their taxes; and, WHEREAS, the collection of outstanding delinquent taxes, penalties 557 and interest could have a significant beneficial impact on the County's budget and fiscal resources. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors hereby urges all County Officers charged with the responsibility to collect or maintain information about the County's tax base and all County Officers charged with the responsibility for collecting current or delinquent Personal and Real Estate property taxes, that all appropriate additional efforts be made to enhance the County's records and collection efforts. BE IT FURTHER RESOLVED, that all Officers make a joint report to the Board in approximately 90 days from the date of the Resolution to advise the Board of progress being made in effort to collect delinquent taxes. BE IT FURTHER RESOLVED, that a true copy of the Resolution be delivered to the Clerk of the Court, the Commissioner of the Revenue, the County Treasurer, the Commonwealth's Attorney, the Sheriff and the County Administrator. RESOLVED this 26 day of May, 1982. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the above resolution was approved. Mr. Owings stated that he wondered why the Clerk, the Sheriff and the County Administrator were included in this resolution. Mr. Baker stated that this was to make all of those involved in the collection of delinquent taxes aware of what was going on. Mr. Stiles stated that he was in favor of this but he wanted it made clear that by supporting this his intentions are not to point the finger at any particular individual or individuals for having been derelict in their duties in the past because he didn't believe this was the case. Review of Report from You nt, Hyde & Barbour Reqardinq the the l The Committee reviewed the recommendations made in the report. The Committee discussed at length with the Treasurer the need for rearrangement of the office furniture to provide specific facilities for separate cashier stations. The Committee noted that the changes recommended may require some changes from past practices and it was agreed that the Treasurer would work with Mr. Toxopeus to refine Mr. Toxopeus's recommendations and to develop specific proposals for furniture improvements in the Treasurer's Office. A 558 budget for these improvements will be presented to the Committee for review and approval. Winterization Program The Committee reviewed a letter requesting County support for the implementation of a winterization program. The matter was held for further study and discussion with representatives from the Lord Fairfax Planning District Winterization Program Inc. Mr. Stiles suggested that this be referred to the Shenandoah Area Agency on Aging. End -of -Year Approvals The Committee reviewed a series of recommendations by the Finance Director pertaining to the necessary administrative authorities to implement necessary insurance coverage for the new fiscal year and to close the books for the current fiscal year. The Committee recommends approval by the Board of the recommendations. The Committee noted that a recommendation for a Landfill rate will be presented to the Board for action at the June 23, 1982 meeting. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that number 3 on this list be tabled until the June 23 meeting. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, that numbers 1, 2, 4 and 5 be approved. 1. It is recommended that the Finance Director be authorized to secure Workmen's Compensation Insurance coverage on County employees for the fiscal year 1982 -83 from J.V. Arthur, Inc. or Virginia Municipal Group Self Insurance Association. 2. It is recommended that the Finance Director be authorized to renew employee health insurance coverage with Blue Cross /Blue Shield and life insurance coverage with Occidental Life Insurance Company of California for the fiscal year 1982 -83. 4. It is recommended that the landfill rate be set and made effective June 26, 1982 for the fiscal year beginning July 1, 1982. 5. It is recommended that the Finance Director be authorized to make temporary transfers of funds from the General Operation Fund to offset cash flow deficiencies within other funds as a result of the accrual accounting system. Fiscal Management Policies The Committee noted that the staff will be preparing a detailed memo summarizing the efforts of the Finance Committee in developing long term fiscal policies and will be developing specific recommendations for endorse- ment by the Board. These will be presented to the Board at the June 23, 1982 meeting. 559 Request from School Board Attached is a resolution passed by the School Board requesting the Board of Supervisors to make certain amendments and authorizations in relationship to the 1982 Fiscal Year School Budget. This matter was not received in time to be reviewed by the Finance Committee and is presented without recommendation to the Board. Mr. Perrault will be present to discuss the resolution with the Board. This was acted upon earlier in the meeting. FY83 Budget The Committee reviewed a resolution adopting the FY83 Budget as amended by the Board which was advertised for public hearing. The Committee notes that the printouts which were made available to the Board prior to the public hearing on the budget for the general government expenses are still current. The Committee recommends adoption of the resolution as presented. The Committee noted that the detailed ordinance implementing a utility license tax will be reviewed by the Committee and advertised for public hearing and enactment at the June 23, 1982 meeting. Mr. Stiles asked about the deficit in the Inspections Department, if there were any changes. He further asked if there was still 50% revenue compared to expenses. Mr. Owings stated that there has been no change in these figures. Mr. Stiles stated that he continued to believe that such a deficit is intolerable over the course of a year. Mr. Baker stated that he wanted to the make the Board aware that the Parks and Recreation fee schedule is included in this budget figure. Mr. Stiles stated that he was somewhat distressed to discover that the Board had been misled by the School Board at the worksessions on the subject of salaries. He further stated that the entire discussion revolved around as to whether or not to grant the request for another $100,000.00 needed to fund a 10% pay raise and that the Board was distinctly led to believe that absent that $100,000.00 an 8% pay raise would be all that would be possible. He further stated that the Board did not give the $100,000.00 and all of a sudden without changing any figures the money was there for a 9% pay raise. He further stated that somewhere along the line the Board was not given the whole story in that regard. He stated that on the matter of salaries he would support this budget with this level of salary increase - all 3 for the regular County employees, the Teachers, the School Board and supportive personnel. He stated that he believed it is wrong to give differing level pay raises to differing groups of people, it is contemptable for the way the School Board treats the support personnel. He stated that this is the second time in 3 years that the people at the lower end of the pay scale have gotten the smallest pay raises. He further stated that the budgeted figure for the average salary of classroom teachers in Frederick County for the coming fiscal year is $16,970.00. He stated that we are rapidly getting to the point where we can no longer support pay increases in the range of 9 to 10 to 12% as we have in the last 3 years. He stated that we have increased the salaries of the teachers in Frederick County by 35% in the last 3 years. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the following budget resolution was approved: WHEREAS, a notice of public hearing and a budget synopsis has been published and a public hearing held on May 12, 1982, in accordance with Title 15.1, Chapter 4, Section 15.1 -162, of the Code of Virginia, 1950 as amended, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 1982 -83 fiscal year as advertised in the Winchester Evening Star on May 5, 1982 as amended be hereby approved in the amount of $27,395,770.00 and that appropriations in the amount of $27,395,770.00 be hereby authorized for the 1982 -83 fiscal year and, BE IT FURTI4ER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rate for the fiscal year 1982 -83 at a rate of 58� to be applied to real estate and the rate of $4.35 to be applied to personal property and Merchants Capital, BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund, special welfare fund, school textbook fund and unemployment compensation fund equal to the total cash balance on hand at July 1, 1982 plus the total amount of receipts for the fiscal year 1982 -83. PERSONNEL COMMITTEE REPORT AND RECOMMENDATIONS Mr. William Baker, Chairman, presented the following Personnel Committee report and recommendations: The Personnel Committee met on May 20, 1982 with all members present. The Committee makes the following report and recommendations: Department Head Evaluation Review 561 The Committee reviewed the performance evaluations of John Horne, Planning and Development Director; Charles Poe, Court Services Director; Robert Harriman, Public Services Director and Needham Cheely, Parks and Recreation Director. The Committee recommends certification of these evaluations. (An Executive Session to discuss these evaluations would be appropriate.) Personnel Office Quarterly Report The Committee reviewed the Quarterly Report from the Personnel Office and refers it to the Board of Supervisors for information. (Quarterly reports from all Departments will be distributed to the Board at the meeting.) First Round Merit Evaluations Report The Committee reviewed a report setting forth the results of the first round merit evaluations and forwards it to the Board of Supervisors as requested for information. The Committee is pleased with the progress of the merit system and the first round evaluations results. Evaluation Review Procedures The Committee discussed a suggestion from Mr. Kenneth Stiles, Stonewall District Supervisor, that the performance evaluations of the Planning and Development Director and the Deputy Planning and Development Director be reviewed by the Planning Commission. The Committee notes that review procedures for performance evaluations have been established and approved by the Board. Further, the Committee feels that a change in the procedure to permit Commission or Committee review of Department Head evaluations would tend to complicate the evaluation process because it would involve several other advisory bodies who work with the various Department Heads. The Committee feels that the County Administrator should be encouraged to solicit informal input from members of advisory bodies relative to employees with which they work. The Committee feels very confident that the established procedures provide an adequate review process and therefore recommends that the procedures as previously adopted be adhered to. The above report was approved as submitted. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344 (a) (1) to discuss Personnel. 562 BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, the Board reconvened into Regular Session. DEPARTMENT HEADS EVALUATIONS CERTIFIED Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, that the following Department Heads evaluations be certified: Charles W. Poe, Director of Division of Court Services; Robert B. Harriman, Director of Public Services; Needham S. Cheely, III, Director of Parks and Recreation and John T. P. Horne, Director of Planning and Development. The Board will meet on June 9, 1982 in a joint meeting with the City Council to discuss the Judicial Center. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. F Cha man, Board f u visors., CI k, Board of Supervisors