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November 12, 1997 Regular Meeting 456 A Regular Meeting of the Frederick County Board of Supervisors was held on November 12, 1997, at 6:00 p.m., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT: Chairman James L. Longerbeam; Vice Chairman Richard C. Shickle; W. Harrington Smith, Jr.; Charles W. Orndoff, Sr.; Robert M. Sager; and Margaret B. Douglas. CALL TO ORDER The Chairman called the meeting to order. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Board retired into Executive Session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A (1) to discuss personnel. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Board withdrew from executive session. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the Board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye TIME: 7:00 P.M. BOARD RECESSES UNTIL 7:15 P.M. BOARD RECONVENES I " 11457 BOARD ANNOUNCES SELECTION OF ASSISTANT COUNTY ADMINISTRATOR Mr. Smith announced that an offer of $48,000 annual salary, with fringes, and $3,000 moving expenses had been made to the Board's choice for the position of Assistant County Administrator, and moved for approval. Mr. Sager seconded the motion. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye The applicants name will be released once she has had the opportunity to notity her locality. INVOCATION The invocation was delivered by Reverend Ewart H. Wyle, Jr., of the First Christian Church. ADOPTION OF AGENDA Mr. Riley requested that the following two items be added to the agenda: 1. A joint resolution for fire and rescue consolidation that had been approved by City Council at their last meeting and was being forwarded to the board of supervisors for their approval. 2. Board needs to select a date in order to meet jointly with the school board for discussion on the selection process for the hiring of a new school superintendent. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the agenda was approved as amended by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs for approval under the consent agenda: 1. December as National Drunk and Drugged Driving Prevention Month Proclamation - Tab D; 2. Schedule Public Hearing Date for Planning Commission Items - Tab F; 3. Request from Winchester Regional Airport for Supplemental Appropriation for Weather System Upgrade - Tab H; 4. Conway Street Abandonment and Conveyance - Tab N; 458 5. Road Resolution - Westside Station, Section II, Fredericktowne Estates Sections 10,11,12,13,14,15 and Ashland Meadows - Tab P; 6. County Emergency Communications Commission Rep9rt - Tab Q. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the above consent agenda was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS No one appeared before the Board at this time. MINUTES OF REGULAR MEETING - OCTOBER 22. 1997 - APPROVED Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes of the regular meeting of October 22, 1997 were approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PRESENTATION OF mSTORlC PLAQUE TO MR. AND MRS. ROBERT GROGG. GAINESBORO MAGISTERIAL DISTRICT. FOR LYNN-LODGE HOUSE Board member Richard Shickle, of Gainesboro District, presented this plaque to Ms. Grogg. COMMITTEE APPOINTMENTS: SHERRY B. JENKINS APPOINTED TO mSTORlC RESOURCES ADVISORY COMMITTEE TO FILL UNEXPIRED TERM OF JUDITH A. SWIGER WILLIAMS Upon motion made by Margaret B. Douglas, seconded by Charles W. Orndoff, Sr., Sherry B. Jenkins was appointed to the Historic Resources Advisory Committee, as a member-at-large, to fill the unexpired term of Judith A. Swiger Williams who has moved from the area. This term will expire on May 25, 1998. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye JOSEPH E. RUSZ APPOINTED TO SOCIAL SERVICES BOARD FROM OPEOUON DISTRICT TO FILL UNEXPIRED TERM OF LOUISE SEEKFORD Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., Joseph E. Rusz was appointed to the Social Services Board, as the representative from Opequon District, to fill the unexpired term of Louise Seekford who has moved. This term will expire on June 30, 1999. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye MargaretB.Douglas-Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye DON LENTZ REAPPOINTED TO INDUSTRIAL DEVELOPMENT AUTHORITY Upon motion made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., Don Lentz was reappointed to the Industrial Development Authority, from Gainesboro District, for a four year term. This term will expire on November 10, 2001. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye JAMES M. RACEY. IT REAPPOINTED TO SERVE ON THE TRANSPORTATION COMMITTEE Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, James M. Racey, II, was reappointed to serve on the Transportation Committee from Shawnee District for a four year term. This term will commence on January 13, 1998 and expire on January 13, 2002. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye I' 459 460 PROCLAMATION (#002-97) RE: DECEMBER AS NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH -APPROVED UNDER CONSENT AGENDA WHEREAS, drivers and pedestrians impaired by alcohol and other drugs account for nearly 17,200 U.S. highway deaths annually; WHEREAS, there were 6 alcohol-related fatalities and 66 alcohol-related injuries in 1996 in Frederick County; and there were 346 alcohol-related fatalities and 9,083 alcohol-related injuries in 1996 in the State of Virginia. WHEREAS, nationwide, alcohol is involved in nea~ly half of all traffic fatalities; and WHEREAS, injury and property damage resulting from impaired driving cause physical, emotional, and economic hardship for hundreds of thousands of adults and young people; and WHEREAS, intense public education and comp~ehensive community-based strategies can further reduce alcohol and drug related highway crashes; NOW, THEREFORE, WE, JAMES LONGERBEAM AND LARRY OMPS, do hereby proclaim December, 1997, as National Drunk and Drugged Driving Prevention Month in Winchester and Frederick County, in the Commonwealth of Virginia. As the chairman of the board and mayor, we also call upon all citizens, government agencies, pl!blic and private institutions, businesses, hospitals, and schools in the Winchester-Frederick County community, in the Commonwealth of Virginia, to promote awareness of causes of driver impairment, existing and proposed laws intended to further reduce and prevent impaired driving, and opportunities to establish safer and healthier norms regarding the use of alcohol and other drugs for all citizens. COUNTY OFFICE HOURS FOR 1997 HOLIDAY SEASON - APPROVED :4 Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following schedule was approved for county office hours for the 1997 Holiday Season: THANKSGIVING County Offices will close at noon on Wednesday, November 26th, and remain closed on Thursday, November 27 and Friday November 28. CHRISTMAS County Offices will close at noon on Wednesday, pecember 24, and remain closed on Friday, December 26. They will also be closed January I for New Years Day and Friday, January 2. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye DA TE SCHEDULED FOR PUBLIC HEARING FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA The planning department requested December 10, 1997, as the public hearing date for the l_ following items: 1. Update to the 1998-99 Frederick County Secondary Road Improvement Plan. 2. Conditional Use Permit #016-97 ofJoyce M. Brinklow., 3. Conditional Use Permit #017-97 of Elizabeth T. Robinson. UPDATE ON ECHO VILLAGE SEWER UPGRADE - MEETING TO BE SCHEDULED WITH T.G. ADAMS. OWNER OF ECHO VILLAGE SEWER COMPANY. AND RESIDENTS OF ECHO VILLAGE SUBDMSION TO TRY AND WORK OUT A SOLUTION TO THIS SITUATION - APPROVED Following Board discussion of this situation Mr. Smith moved and Ms. Douglas seconded that a meeting be held with Mr. Adams, and the residents of Echo Village Subdivision to try and work out a solution to this situation. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye REOUEST FROM WINCHESTER REGIONAL AIRPORT FOR SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $4.000 FOR WEATHER SYSTEM UPGRADE - APPROVED UNDER CONSENT AGENDA PUBLIC HEARING - TAX EXEMPT STATUS REOUEST - REOUEST FROM ROBERT E. ROSE MEMORIAL FOUNDA nON. INC.. A NON-PROFIT VIRGINIA ORGANIZATION. TO BE DESIGNATED AS A CHARITABLE AND BENEVOLENT ORGANIZATION WITHIN THE CONTEXT OF !56(A)(6) OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA - RESOLUTION (#012-97) - RESOLUTION (#012-97) - APPROVED Mr. Riley presented this request to the Board. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the tax exempt status request by Robert E. Rose Memorial Foundation, Inc. was approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye WHEREAS, Robert E. Rose Memorial Foundation, Inc., a non-profit organization, has requested the Board of Supervisors of the County of Frederick, Virginia, to support its request for 462 the General Assembly to grant a tax exemption pursuant to Article X, 96 (a) (6) of the CWJ.stitption of Virginia for certain real property owned by said organization in the County ofFrederi~k; and WHEREAS, on November 12, 1997, a public hearing was held by the Board of Supervisors after being properly advertised; and WHEREAS, the property on Valley Mill Road, (Tax Map Number 55 A ~9)' has an assessed value of$200,100.00 and was taxed in 1997 for$1,180.59 in county real estate taxes; and WHEREAS, the Board of Supervisors examined and considered the provisions of Section 30-19.04 (B) of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby supports legislation, pursuant to Article X, 96 (a) (6) of the Constitution of Virginia, to provide: 1. That they be classified and designated as a charitable and benevolent organization; and 2. That property owned by Robert E. Rose Memorial Foundation, Inc. and used by it exclusively for charitable and benevolent purposes on a non-profit basis be determined to be exempt from taxation, state and local, incl~ding inheritance taxes. ADOPTED this 12th day of November 1997. End of Public Hearing. PLANNING COMMISSION BUSINESS: CONDITIONAL USE PERMIT #010-97 OF T. P. AND SUSAN GOODMAN TO CONDUCT THE FOLLOWING ACTIVITIES: SOCIAL CENTER. CATERED FUNCTIONS. TOURS. MEETINGS. OUTDOOR RECREATION. ETC. THE PROPERTY IS LOCATED AT REDBUD ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER' S4-A-87 IN THE STONEWALL MAGISTERIAL DISTRICT. (POSTPONED FROM OCTOBER 7. 1997 BOARD MEETING) - PERMISSION GRANTED TO CONTINUE OPERATING UNTIL DECEMBER 31. 1997 Mr. Andy Evans, zoning administrator, appeared befQre the Board and brought the Board up- to-date on this request. Mr. Tierney, planning director, explained to the Boa~dthat, as of this date, Mr. Goodman is operating iIlegally; therefore, he cannot be issued a business license. A lengthy discussion followed wherein Mr. Goodman tQld the Board he would not do any up grades on his entrance. It is his understanding that the City of Winchester would be upgrading this in the future due to the fact that they use this same entrancejn order to get to Fay Springs which they own and is located in close proximity to Mr. Goodman's property. Mr. Goodman advised the Board that the Health Department requirements were no problem as far as he was concerned. At this time Mr. Orndoff moved to deny this CUP request. /1463 There was no second to this motion. Mr. Orndoff withdrew his motion. Mr. Orndoff at this time moved to postpone a decision on this request until details can be worked out with VDOT and the Health Department with the understanding that these details be finalized by December 31, 1997. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARINGS: PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING. ARTICLE IV. SUPPLEMENTAL USE REGULATIONS. SECTION 165-48.3. AND ARTICLE X. BUSINESS AND INDUSTRIAL DISTRICTS. SECTION 165-82.B. B2 BUSINESS GENERAL DISTRICT. THE PROPOSED AMENDMENT ALLOWS HARDWARE. AND PLUMBING AND HEATING EQUIPMENT AND SUPPLIES ESTABLISHMENTS AS A PERMITTED USE IN THE B2 (BUSINESS GENERAL) DISTRICT. AND ESTABLISHES PERFORMANCE STANDARDS APPLICABLE TO SAME - APPROVED Mr. Eric Lawrence, planner II, presented this request to the Board. There was no public input. Changes to the Zoning Ordinance Rt.uovt s:aa ~165 483 Electncal and plumbing snppl b Silltms [Added 6-S.94]";Bli:4ii~~;>>!qm~iig; ~ - 'd'ddddd' .....d. d dld"'dddd~ ". ............. *ql:I~i.t~p.llqi!p.m!i!!?M~~nl~~($Ig~9~Jp.d$qZj~ Electrical and plumbing supply bu5il1esse51I'n~rQWlimp.JPm~lng;:ooij;lj~Qg:~ij!P.m~~t businesses located in the B2 Business General District shall meet the following requirements: A. Electlical and plul11bil1g Supply businesses ~~1~g11~hl@nt~pmmI1tY;~n~g~4!nltlj~1 mm~~~~::shall not exceed eight thousand (8,000) square feet of total floor are~: B. Only twenty-five percent (25%) of the total floor area within a shopping center _ may contain 1*~ljyl)~$~I. electIical Supply business 01 plwnbing supply businesses C. I31ectI;l:.\1atldp'I"llllJ.;n$.~"p'p'ry~?s.i~e.s~~u~~~??~~e.Pe.l1~littc-d to have outdoor storage. D~.$ffi!ni:nQ\1gQijti~ijltirl~~ggUr~natQtmAngfa.qtgmr.@~Ulili;: ~165-82 District use regulations. B. B2 (Business General) District. The intent of this district is to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have good direct access to major thoroughfares and should be properly separated from Allowed Uses Standard Industrial Classification (SIC) - . . . - t r 464 residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. lili~~il:ii_igg[tml;l~itiii.iilpm~ilt 5614 @q~ Upon motion made by W. Harrington Smith, Jr., secon~ed by Margaret B. Douglas, the above amendment to the Frederick County Code was approved by the following:recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTAL USE REGULATIONS. SECTION 165-23. SETBACK REQUIREMENTS. SECTION 165 27. QFF-STREET PARKING: PARKING1,OTS. SECTION 165-29. MOTOR VEHICLE ACCESS. SECTION 165-30. SIGNS. SECTION 165-35. NUISANCES SECTION 165-36. LANDSCAPING. SECTION 165-37. BUFFER AND SCREENING REQUIREMENTS. SECTION 165-47. LANDFILLS. JUNKYARDS. TRASH DISPOSAL AND INOPERABLE VEffiCLES. AND SECTION 165-48.7. UTILITIES AND ARTICLE XXI. DEFINITIONS. THE PROPOSED AMENDMENTS ESTABLISH DEVELOPMENT DESIGN STANDARDS THAT ARE INTENDED TO ENHANCE DEVELOPMENT PROJECTS WITffiN FREDERICK CQUNTY REFERRED BACK TO PLANNING COMMISSION FOR FURTHER STUDY End of Planning Commission Public Hearings. OTHER PLANNING ITEMS: MASTER DEVELOPMENT PLAN - WESTRIDGE III - APPROVED Mr. Evan Wyatt, assistant planning director, presented this request to the Board noting tha the planning commission and staff recommended approval. Upon motion made by Margaret B. Douglas, seconded by Robert M. Sager, the maste development plan of West ridge III, was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONWAY STREET ABANDONMENT AND CONVEYANCE - APPROVED UNDER Ii 465 CONSENT AGENDA FAIRFAX PIKE AND WARRIOR DRIVE DESIGN DISCUSSED - FOLLOWING A LENGTHY DISCUSSION REGARDING DIFFERENT ASPECTS OF THIS PROJECT. DECISION WAS MADE TO SCHEDULE A WORKSHOP WITH BOARD. STAFF AND VIRGINIA DEPARTMENT OF TRANSPORTATION CVDOn ROAD RESOLUTIONS: WESTSIDE STATION. SECTION II. FREDERICKTOWNE ESTATES. SECTIONS 10. 11. 12. 13. 14. 15 AND ASHLAND MEADOWS _ ACCEPTED INTO STATE SECONDARY ROAD SYSTEM - APPROVED UNDER CONSENT AGENDA COMMITTEE REPORTS: EMERGENCY COMMUNICATIONS COMMISSION REPORT - MEETING OF OCTOBER 27. 1997 - APPROVED UNDER CONSENT AGENDA The Frederick County Emergency Communications Commission met on Monday, October 27, 1997, at 4:30 p.m. with the following members present: committee members Chairman Robert Sager, Frank Spurr, Jr., and Sheriff Robert Williamson; Public Safety Communications Director John Webb; and members of the media. The following items were discussed and submitted for the boards information only: 1. Communication Directors ReDort Director Webb discussed a memo written to Frederick County Personnel regarding a request for change in the probationary period from six months to one year for both promoted and newly hired dispatchers. Existing sheriffs dispatchers would be exempt except those who may be promoted to supervisory position. This extended period would provide a time for training on the job and required certification. 2. Architectural & Enl!ineerinl! UDdate Director Webb conveyed that he had shared the architect's plans with the dispatchers and all of the commission members to review all proposed additions and deletions to the current schematic drawings. He requested permission to send a letter to the architects to begin the construction documents. Discussion ensued about various changes and the possible cost factor involved. Concerns were with the location of the dumb waiter for criminal history transport, final electrical plans, square footage for dispatcher floor plans and would it be enough area to expand in the future, types of consoles, etc. Director Webb explained that until a schematic drawing was agreed upon, some of the items above could not be addressed accurately. For instance, the electrical engineer cannot prepare a final plan. As for as the square footage issue, Director Webb further explained that with 1200 sq.ft. allocated for the dispatchers, there would be more than adequate room for future expansion. Director Webb advised that the commission needed to make a decision in a timely manner on this as not to delay further steps required to complete this project. Sheriff Williamson made a motion to authorize Director Webb to direct the architect to proceed with development of blue prints with stipulation written or oral that a determination can be made whether or not this includes additional charges for changes of electrical specifications and that these changes would be at no additional charges. Mr. Spurr wanted a time period to be involved. It was decided that two weeks would be appropriate. Sheriff Williamson amended his motion to include a two-week time period for changes to be made. Mr. Frank Spurr seconded. This motion was unanimously approved. 466 3. Personnel Reclassification Plan Director Webb discussed a reclassification plan for the purpose pf pay. The county needs to be more competitive with dispatchers salaries to help with recruitment and retention. The training required is extensive and with current pay scales as such it would be' expensive and counter productive to train dispatchers only to have them go to other counties for a higher salary. Mr. Sager stated he would support reclassification with regards to dispatchers positions. Sheriff Williamson asked how many applications were received and Director Webb stated 19 people signed up to test. It was felt this was low and attributed to the lower salary. Mr. Sager inquired if there was a contract for dispatchers who are hired and that would require them to stay after training. Director Webb stated no. Sheriff Williamson made a motion that the commission stand i,psupport of the director requesting a reclassification of dispatchers salaries. Mr. Spurr seconded. The motion was carried unanimously. 4. Meetinl! Date The next meeting date of the commission will be Monday, November 10, 1997, at 4:30 p.m. PERSONNEL COMMITTEE REPORT - MEETING OF NOVEMBER 5. 1997 Mrs. Douglas presented this report to the Board. The Personnel Committee met at 8:30 a.m. on November 5, 1997, in the County Administration Conference Room with the following members present: committee members Chairman Margaret B. Douglas, W. Harrington Smith, Jr., and 1. Michael Foster; County Administrator John R Riley, Jr.; and Personnel Director Ann K. Kelican. Committee members Toni Wallace and Robert Gordanier were absent. The committee submits the following report and recommendations for your consideration: 1. Parks and Recreation Director ReQuest to Fill Vacant Position - Anoroved The committee reviewed the attached request from the parks and recreation director to fill a vacant program supervisor position. This is a budgeted position and will not require additional funding. The committee recommends approval of this request (see Attachment A). Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 2. Commissioner of the Revenue ReQuest to Fill Two Vacant Positions - Aooroved The committee reviewed the attached request from the commissioner of the revenue to fill vacant positions due to the retirement of two employees in her office. She also requested that the position of Chief Assessor (Range 18) be reclassified to Data Collector (Range 8). No additional funds are needed to fund this request and the committee recommends approval of same (see Attachment B). Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above Ii II request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 3. ReQuest from C-F-W Rel!ional Jail to Fill Vacant Position - Approved The committee reviewed a request from the C-F-W Regional Jail to fill a vacant secretary I position and recommends approval of this request. No additional funds are needed to fund this position. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 4. ReQuest from the Public Safetv Communications Director to Extend Probationary Period - Approved The committee reviewed the attached request from the communications director to extend the probationary period for dispatchers from six months to one year. The committee recommends approval of this request (see Attachment C). Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 5. ReQuest from Public Works Director for Approval of Two Promotions and Fillinl! Vacant Position - Approved The committee reviewed the attached memo from the public works director requesting approval to promote two employees in his department and to fill a vacant position. No additional monies are needed to fund this request and the committee recommends approval (see Attachment D). Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye il 467 468 Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 'r-;~' 6. Request from the Finance Director for Personnel Restructure. Creation of New Position. and the Addition of an Account Clerk TIT Position - Approved The committee reviewed the attached request from the finance director to create tlfe position of assistant finance director and to restructure the personnel in' her department. Funds for the restructure in the amount of$7,500 will be absorbed within the finance department budget. The finance director is also requesting approval of a new account clerk ill position in her department. Funds in the amount of $11,000 would be needed to fund this position at mid-year. These funds currently remain in the operating contingency line item and a budget transfer would be required (see Attachment E). Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 7. Update on LEOS Proeram - Approved The committee reviewed the new information received from VRS regarding the rates to provide LEOS coverage for law enforcement and Firefighter personnel and 6ased upon the"new rates recommends approval of this program effective July I, 1998 (see Attachment F). '01 Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 8. Fundine to Hire a Consultant to Conduct a Compensation Studv - Denied The committee recommends that funds in the amount of $40,000 be included in the FY 1998- 99 budget for a compensation survey to determine if county positions are competitive in the local labor market. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above recommendation was denied by the following recorded vote: James L. Longerbeam - Nay W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Aye Robert M. Sager - Nay I' II 469 Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay LAW ENFORCEMENT AND COURTS COMMITTEE REPORT - MEETING OF NOVEMBER 3. 1997 The Law Enforcement and Courts Committee met on Monday, November 3, 1997,5: 15 P.M., in the First Floor Conference Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were committee members Chairman Robert M. Sager, Margaret B. Douglas, Vickie Wilkins, and Larry P. Coverstone; Sheriff Robert T. Williamson; Captain Stephen C. Wheeler; County Attorney Lawrence R. Ambrogi; and County Administrator John R. Riley, Jr. Committee members James L. Hockman and Donald S. Jackson were absent. The committee submits the following: Mr. Sager presented this report. 1. Installation of Security Devices at the Joint Judicial Center - Approved County Administrator presented the attached recommendations from Judge Wetsel. All in attendance felt it was an adequate compromise and recommended that the improvements be made upon funding approval by the Board of Supervisors (see Attached). Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CODE AND ORDINANCE COMMITTEE REPORT - MEETING OF NOVEMBER 3.1997 The Code and Ordinance Committee met on Monday, November 3, 1997, 4:30.P.M., in the First Floor Conference Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, with the following members present: committee members Chairman Richard C. Shickle, Robert M. Sager, Stephen G. Butler, Michael L Bryan, and Patricia F. Scheder; County Treasurer C. William Orndoff, Jr.; Commissioner ofthe Revenue Ellen E. Murphy; County Attorney Lawrence R. Ambrogi; and County Administrator John R. Riley, Jr. The committee submits the following: The following items were discussed and submitted for the boards action: 1. Amendments to the Frederick County Code. Chapter 155. Taxation. Article XII. Section 155-55. Penalty and Interest and Article XVll. Section 155-120. Penaltv and Interest - Approved The purpose of this amendment is to eliminate the ambiguity oflanguage in these two sections having to do with 10% penalties for late filing and/or late payment. The commissioner of the revenue and treasurer provided the committee with the following information. County code requires that the Meals Tax and Transient Occupancy Tax monthly reports be filed by the 20th of the month following. County code also requires payment of any applicable 470 taxes on the same date. The Code of Virginia allows counties to levy a late filing penalty and a late payment penalty. As currently worded the county's Qrdinan~,e is inconsistent and unclear as to whether both of these penalties are to be charged for both types of taxes. The Meals Tax section calls for a 10010 late payment penalty and not a late filing penalty. The Transient Occupancy Tax section calls for one 10% penalty if there is a late filing and/or a late payment. The commissioner of the revenue and the treasurer presented a proposal to amend the county's ordinance and clarify this issue. They proposed that a late filing penalty of 10% be assessed if applicable Meals Tax and/or Transient Occupancy Tax monthly reports are not filed by the 20th of the month following. (Meal and/or Transient Occupal1cy Tax payments are due on the 20th and 10% per annum interest accrues on any balance outstanding after the due date.) They also proposed that a separate late payment penalty of 10% be assessed on any Meal and/or Transient Occupancy Taxes due that remain unpaid for more than 30 days. " The issue was discussed at length by the committee with major emphasis on the fact that if there is already a 10010 penalty for not submitting timely reports and 10% interest is being applied to all due and unpaid taxes an additional 10% penalty for non;payment after 30 days appeared to be excessive and duplicative. The committee recommends that the 10% late payment penalty be deleted from the commissioner of revenue and treasurers proposal. The committee also recommends that the commissioner of the revenue and treasurers proposal, as amended, be scheduled for a public hearing by the board of supervisors (See Attached). Upon motion made by Richard C. Shickle, secondrd by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye MargaretB,Douglas-Aye Robert M. Sager - Aye RichardC. Shickle - Aye Charles W. Orndoff, Sr. - Aye 2. Increase of Minimum Income Reauirements for Tax Relief for the Elderlv _ Approved . The commissioner of the revenue presented the new minimum income requirements as provided in the state enabling legislation in order to qualify for tax relief for the elderly. The committee recommends approval that said ordinance be,advertised for public hearing (see Attached). Upon motion made by Richard C. Shickle, second~d by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD OF SUPERVISORS COMMENTS There were no further comments at this time. '- 471 UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. James L. Long beam Chairman, Board of Supervisors ~ Joli ..' Riley,-Jr. ~ Clerk, Board of Supervisors Minutes Prepared By: ~.b.d""~T~. 1-,,,,,,,,) Carol T. Bayliss I Deputy Clerk, Board of Supervisors