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HomeMy WebLinkAboutMay 11, 1983 Regular Meeting124 A Regular Meeting of the Frederick County Board of Supervisors was held on May 11, 1983, 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 Conrad Christianson of the Bethel Lutheran Church. ADOPTION OF AGENDA Mr. Stiles stated that he would like to add the memo from Mr. Horne addressing Land Waste under "Old Business" prior to the Public Hearing. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the agenda was adopted as amended. COUNTY OFFICIALS REQUEST FROM COUNTY OF WASHINGTON BOARD OF SUPERVISORS FOR ENDORSEMENT OF RESOLUTIO - TABLED INDEFINITELY Upon motion made by Will L. Owings, seconded by David L. Smith and passed unanimously, that the request from the Washington County Board of Supervisors for endorsement of Resolution, pertaining to the recent Federal increase in gasoline, by this Board be tabled indefinitely. BOARD PRESENTS RESOLUTION OF APPRECIATION TO JAMES H. DIEHL FOR YEARS OF SERVICE ON THE SERVICE AUTHORITY Mrs. Maddox read the following resolution: WHEREAS, James H. Diehl served as a member of the Frederick County Sanitation Authority from 15 April 1972 until 27 April 1983 and in that capacity also served as Vice - Chairman from 15 December 1975 to 3 May 1976 and as Chairman from 3 May 1976 to 27 April 1983, and WHEREAS, he did faithfully serve the citizens of Frederick County with dignity, dedication, leadership, and wisdom, and WHEREAS, he possessed the highest devotion to duty as a member and officer of the Frederick County Sanitation Authority, and was respected and relied upon by his fellow Authority members and the members of this Board, and WHEREAS, the Board of Supervisors wishes to express its appreciation to James H. Diehl for his years of concientious and exemplary service to the citizens of Frederick County as a member and officer of the Frederick County Sanitation Authority. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Frederick County does hereby express its sincere appreciation to James H. Diehl, and BE IT FURTHER RESOLVED that a true copy of this resolution be presented to Mr. James H. Diehl. 125 RESOLVED the 11th day of May, 1983. S. Roger Koontz, Chairman Will L. Owings, Vice - Chairman William H. Baker Rhoda W. Maddox David L. Smith Kenneth Y. Stiles ATTEST: John R. Riley, Jr., Clerk Board of Supervisors Mr. Donald Hodgson, Chairman of the Sanitation Authority, appeared before the Board and presented Mr. Diehl with a plaque for eleven years of service and seven years of serving as Chairman of the Sanitation Authority. Mr. Diehl thanked the Board and the Sanitation Authority for their plaques and resolutions. LAND APPLICATION OF INDUSTRIAL WASTE WATER DISCUSSED BY THE BOARD Mr. Horne stated that the staff is in receipt of plans submitted to the State Water Control Board by National Fruit Products Company and Shenandoah Apple Co -op which show their plans for land application of apple waste to an area West of Winchester in the Gainesboro Magisterial District. The firms are in the process of constructing an underground pipeline to this area to handle the apple waste which will be applied to the land through a series of sprinkler heads. This process has been extensively reviewed by the State Water Control Board and has been approved by them. The firms have been applying this waste to the land for approximately one year from tank trunks. The staff has determined that there seems to be no regulatory function necessary by the County Government in that all environmental concerns are being extensively monitored by the State Water Control Board. After discussion by the Board they felt this should be discussed at the next Planning Commission meeting. CADWALLADER SUBDIVISION REQUEST - APPROVED Mr. Horne presented this request and stated that the Planning Commis- sion recommended unanimous approval. 126 Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, that the subdivision request for Cadwallader Subdivi- sion, 3 lots zoned R -3 (Residential - General) in Opequon Magisterial District be approved. FIRE AND RESCUE COMMITTEE Mr. David Smith, Chairman, presented the following report: The Fire and Rescue Committee met at 7:30 P.M., April 25, in the Middletown Volunteer Fire /Rescue Company facility. In addition to the membership, Mr. John Riley, County Administrator, was present. The follow- ing represents a brief summation of items discussed. A. County Administrator, John Riley, showed the 1981 aerial sections of the County to the group and recommended that they be used in conjunction with a street map pamphlet of Frederick County, that is produced by the Alexandria Drafting Company, to facilitate house locating. This is to be utilitized until the County can fully implement a satisfactory house number- ing system. The aerial sections and sufficient copies of the pamphlet will be distributed to the Companies. There was no action taken. B. Mr. Riley requested that the Fire and Rescue Companies generate a 5 year plan that would be included in the staff plan. Target date: October, I 1983. There was no action taken. C. The Inspections Department has been tasked with the responsibility to ensure that assigned house numbers within a subdivision be displayed on all new construction prior to the issuing of a certificate of occupancy. There was no action taken. D. It was suggested that the County adopt a fire code. Once a structure has been constructed there is presently no way to adequately address fire /safety violations. The building code is basically a perform- ance code, whereas, a fire code is a maintenance code. For example, the BOCA requires fire exits; the fire code prohibits locking them. There was no action taken. E. Questions concerning flow testing of both County and City fire hydrants were raised. Flow testing is done to determine working pressure. John Riley asked Public Services Director Bob Harriman to discuss this situation with both the City and the Authority. There was no action taken. 127 PUBLIC HEARING 1983 -84 BUDGET Mr. Baker, Chairman of the Finance Committee, presented the proposed 1983 -84 budget figures and stated there would not be a tax increase for this budget and the Board would vote on this budget at the May 25th Board Meeting. There was no one present to address the proposed 1983 -84 County budget. SALE OF SURPLUS COUNTY PROPERTY Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the following sale of surplus property was approved: Property fronting on the Northern Highway Boundary Line of the Northwestern Grade U.S. Route 50, just West of the City of Winchester containing 40.00 acres - $30,000.00. Property fronting on Whitlock Avenue in the City of Winchester, formerly known as the Miller School and properly known as the Frederick County Public School's Administration Building - $110,000.00. SIX YEAR PLAN PROJECT PRIORITIES - APPROVED Mr. Baker asked if just a curve on a particular road could be fixed and if there were not sufficient funds available to do the entire road. Mr. Stiles stated that it was his understanding that there are funds in the Highway Department incidental budget that could be used for such projects as this. Mr. Jeff Kessler, Assistant Resident Engineer of the Highway Depart- ment, was present at this meeting to answer Board questions. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the following Six Year Plan Project priorities for the Highway Department were approved: ESTIMATED ALLOCATION Year New S. T. Federal Other Total 1982 -83 213000 217279 408638 838197 83 -84 200344 224097 303316 727757 84 -85 186301 208390 282056 676747 85 -86 186301 208390 282056 676747 86 -87 165554 185182 250845 601381 87 -88 152692 170795 231171 554658 88 -89 143660 160695 217499 521854 1987 1247852 1374828 1975581 4597341 MAJOR PROJECTS Route From To Cost Start 654 Rte 522 Rte 677 850000 Nov. 1983 642 Br. & Appr. Opequon Ck 240000 Oct. 1983 672 Rte 749 Rte 667 250000 Jun. 1985 628 Rte 622 N Rte 638 510000 Apr. 1985 672 Rte 661 N Rte 665 265000 1985 -86 628 Rte 638 Rte 631 250000 1987 672 Rte 661 Rte 739 500000 1988 628 Rte 631 Rte 732 425000 1989 128 Total Cost MAJOR Projects $3290000 NEW HARDSURFACE PROJECTS 671 0.7 MW 740 Rte 681 200000 R/W N/A 663 0.1MS 1335 Rte 672 75000 Started 619 Rte 622 1.0 MN 622 90000 Started 629 Rte 608 1.OMSW 608 98000 R/W N/A 624 Rte 727 Rte 757 75000 R/W Prog 625 Rte 631 Rte 629 110500 Sept. 1984 660 Rte 664 S 0.6 ME 660 75000 1985 668 0.9 ME 672 Rte 667 N 85000 1986 694 Rte 699 Rte 522 45000 1986 680 0.5 MN 50 0.8 MN 50 45000 1986 Total NEW HARDSURFACE $ 898500 TOTALS $4188500 BOARD APPROVES RESOLUTION FOR IMPROVEMENT OF ROUTE 522 NORTH Mrs. Beverly Sherwood, Chairperson, appeared before the Board as spokeswoman for a group of concerned citizens for the improvement of Route 522 North and requested that the Board approve the following resolution in order that she might take it to the Highway Department hearing to be held in Salem, Virginia on June 8th. Mr. Stiles stated that he felt the word potential should be dropped from the resolution. The Board felt that it would help to contact Mr. Robert Smalley who resides in Clarke County and is a member of the Highway Commission. Mrs. Maddox stated that everyone serving on this Committee are volunteers and that the Committee would be going to the meeting in Salem. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, that the following resolution be approved and forwarded to the Virginia Department of Highways and Transportation for their hearing in Salem on June 8th, and also a copy to Mr. Robert Smalley. Mr. Stiles stated that he felt that if the citizens and all parties involved would contact Mr. Smalley and relate to them their feelings concerning this project, that this would help. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, that State Officials be made aware of this request to the Highway Department and that a copy of the citizens' resolution be sent to them. WHEREAS, the Virginia Department of Highways and Transporta- tion is conducting. the 1983 Annual Allocation Public Hearing for Interstate, Primary, Urban Systems, and Public Transportation on June 8, 1983, and WHEREAS, there is a project on the Primary System in Frederick County which the Board of Supervisors would like to encourage the Virginia Department of Highways and Transportation to construct, and -129 WHEREAS, the Board would place its highest priority on the continuation of the improved Route 522 North (dual - land /divided highway) from its current terminus in Cross Junction, Virginia to the West Virginia line, and WHEREAS, this project is very seriously needed due to unsafe 1conclitions that exist on that roadway. THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia do very strongly urge that the Virginia Department of Highways and Transportation place this project in their six year planning process for the Primary System Construction Program. ORDINANCE AMENDING COUNTY CODE BY THE ADDITION OF ARTICLE IV TO CHAPTER 2, "WINCHESTER R EGIONAL AIRPORT COMMISSION" Mr. Riley stated that this will be for Board action at the May 25, 1983 Board Meeting. RESOLUTION FROM THE FREDER TO THE STATE WATER CONTROI :- WINCHESTER SERVICE AUTHOR OARD - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that the following resolution be presented at the Public Hearing of the State Water Control Board in Richmond on May 19th: WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, on the 13th day of February, 1980, adopted a resolution concurring that a single wastewater regional treatment facility, as recommended by a 1977 Facilities Plan and 1979 Update, was the most cost - effective means of providing wastewater treatment for the Opequon Creek watershed; and WHEREAS, as a result of the withdrawal of major fruit processing industries from the proposed regional facility an "Optimization Phase Report for Wastewater Treatment Alternatives" concluded that a single regional wastewater facility would still provide the most cost - effective means of providing wastewater treatment for the Opequon Creek watershed; and WHEREAS, by resolution dated the 13th day of October, 1982, the Board of Supervisors of the County of Frederick, Virginia concurred with and approved the Optimization Phase Report, and expressed its desire that the Frederick - Winchester Service Authority proceed with the design of a regional wastewater facility to be located at the confluence of Abrams and Opequon Creek; and WHEREAS, the regional wastewater facility is proposed to be removed from the FY84 funding priority due to an error in the submittal of a FY84 Priority List Cost Update; where said error has been made known to the Water Control Board staff; and where factual data shows plans will be ready for submittal by June 1, 1983 to the State Department of Health; and WHEREAS, the loss of FY84 funding will lower Federal partici- pation in the project from 75% to 55 %, costing the participating localities an additional $4 -5 million; and WHEREAS, the citizens of Frederick County cannot tolerate the additional economic burden caused by the reduction in Federal percentage, thus casting doubt as to whether this new facility will ever be construct- ed. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia respectfully requests the State Water Control Board to review the facts and available data surrounding this project, and to reinstate the Frederick - Winchester project to its proper place on the FY84 priority list; and BE IT FURTHER RESOLVED, that the State Water Control Board 130 is hereby advised that the County strongly supports this regional wastewater system; however, economically the project is feasible only if the project is returned to the FY84 priority list and 75% Federal funding level. PAUL ANDERSON, VICE -PRE'. BOARD RE: TWICE A YEAR F THE FARM BUREAU, ADDRESSES Mr. Paul Anderson, Vice- President of the Farm Bureau, appeared before the Board and stated that the County was having a cash flow problem and were going to twice a year tax collection in order to correct this problem. He further stated that this would help the County but would be a hindrance to the farmer inasmuch as they would have to borrow money to pay these taxes as they would not have the funds until their crops are harvested in the Fall and he would like to request that the Board consider exempting the Farmer from twice a year tax collection. The Board requested that the Finance Committee take this request under advisement. UEST FOR FUNDING FROM THE FREDERICK - WINCHESTER SERVICE HORITY FOR LOCAL DESIGN COST - APPROVED Mr. Wellington Jones, member of the Frederick - Winchester Service Authority, appeared before the Board and stated that there had been an increase of $179,298 in the local design cost of the Frederick - Winchester Service Authority Regional Plant due to the Fruit Processors pulling out of the project and the subsequent recommendation of the Optimization Study, and the Frederick - Winchester Service Authority was requesting that each jurisdiction advance the Authority $90,000 to avoid cash flow problems. Mr. Koontz asked if any interest had been added to this amount. Mr. Jones replied no there had not. Mr. Owings asked what would happen if the State Water Control Board does not approve the reinstatement of the Authority's request to the 1984 funding list on May 19th. Mr. Jones stated this would not be decided on May 19th and that the Authority had no problem paying their June bills but the funds were not available to pay May's bills. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that $35,000 be loaned to the Frederick - Winchester Service Authority with interest to be added at the going rate. This amount is to be paid back to the County once funds are received by the Authority from EPA. This loan is not to be extended past June 30, 1983. CAPITAL IMPROVEMENT PROJECTS ANNUAL REPORT 131 Mr. Horne presented this report and requested that the Board give the Committee some direction with reference to this report and what they wanted the Committee to do. I. Landfill Set -Aside Fund The C.I.P. Subcommittee has, after discussions with the Department of Public Services, determined that July 1, 1988 should be a target date for occupation of a new regional landfill. Due to the lengthy process of acquisition, the Subcommittee recommends that a Regional Landfill Committee be established by the end of April, 1983 or as soon as possible. All jurisdictions who are presently involved with the landfill should initially be represented. This committee should be provided with staff support from the Depart- ment of Public Services and Department of Planning and Development. Financial and physical data should be provided to the committee in order for it to accurately project the useful life of the current landfill and the financial resources that will be needed to open a new facility. Once the above information is determined, the committee should immediately set up a detailed work program to find, purchase, and open a new landfill. A certain amount of funds will be necessary for consultancy and engineering fees during the search and site evaluation process. A policy decision needs to be made by the committee concerning the method to acquire these funds. The CI P Subcommittee would suggest that these funds be provided by the participating jurisdictions, based on current usage. The Subcommittee would also suggest that funds over and above those currently being generated internally by the landfill tipping fees be provided through a method based on usage. The Subcommittee would also recommend that the committee develop a detailed proposal for control and operation of the new landfill. The logical first step in this process would be a detailed review of the current landfill agreement between Frederick County, Winchester, and Clarke County. The Subcommittee also recommends that the Landfill Committee thoroughly investigate alternate methods of solid waste disposal such as incineration or baling. The provisions of adequate solid waste disposal facilities is a long term obligation of all local governments and must be addressed in a systematic basis. The new landfill provides an opportunity to rationalize the entire process for Frederick County. 132 This is to be referred to the Code and Engineering Committee. II. School Board The Subcommittee recommends that any surplus funds generated by the sale of the Kernstown Annex, Whitlock Avenue building, or the Stephens City School, over and above those necessary to renovate the Kline School, be placed in the capital fund to be applied to the next priority item on the project priority list. The surplus funds should not be automatically allocated to School Board projects. The renovations and additions proposed for Gore and Gainesboro Schools should not be funded until the School Board has thoroughly investigated the cost effectiveness of these projects versus a new consolidated elementary school to serve both areas. The School Board should report to the Subcommittee the results of this investigation at the next annual review. The Gore and Gainesboro Schools have very serious deficiencies which must be corrected in the near future and the Subcommittee places high priority on these much needed projects. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that funds realized from the sale of School property not necessarily be used for a School project and if there are any additional funds this amount to be set aside for Capital Improvements. 111. Parks and Recreation The Subcommittee recommends that the Armel School building be sold and that those funds be placed in the capital fund to be applied to the next priority item on the project priority list. The Subcommittee also recommends that the fencing at the maintenance area at Clearbrook Park be funded immediately out of maintenance funds and dropped as a capital project. The funds spent for this project will more than pay for itself in decreased pilferage. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, that the above be approved. IV. Regional Jail Facilities The Subcommittee recommends that a task force be created to evaluate the potential need for regional jail facilities. Membership on this task force should be approved by the Board of Supervisors with an emphasis on members that have no prejudice as to whether or not a new regional facility is necessary. The duties of the task force should be clearly stated and understood. 133 The Subcommittee also recommends that funding for the emergency generator at the County Jail be held until it is required for certification by the Virginia Department of Corrections. There was no action taken. V. Office Space The Subcommittee has reviewed requests by Northwestern Community Services, Inc. and the Frederick County Department of Social Services for office space. There are also some offices which are now located at 9 Court Square which may be in need of additional space within the next 5 -7 years. The County also contributes toward the rent paid by other agencies not located in County owned buildings. The Subcommittee has discussed the possible acquisition of the "Penny's" building and the consolidation of some of these offices in that building. These discussions have pointed to some advantages of this acquisition. The agent for the owners has quoted a lease price of the building and a purchase price which may be quite favorable to the County, for the amount of space available (approx. 22,000 square feet) The Subcommittee would, however, like to have a preliminary indication from the Board as to its interest in this project prior to commencing further research. Considerable work will need to be done to ascertain the cost effectiveness of the project. If the Board is interested in the project, the Commission will undertake this research. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, that the above project be studied further. VI. Fire and Rescue, Downpayment Fund The Subcommittee recommends that the Frederick County Firefighters Association submit a comprehensive study of the capital needs for fire equipment on a county -wide basis. This study should review the needs of each company relative to other companies and recommend a specific schedule for equipment purchase. Prior to any actual expenditures, the Board of Supervisors should have available to them a detailed analysis of the firefighting needs of the entire County. This analysis should be the basis for decisions relating to these expenditures. There was no action taken. PERSONNEL COMMITTEE REPORT 134 Mr. Baker, Chairman, presented the following report and asked that Number 1 and 3 be discussed in Executive Session. The Board concurred. The Personnel Committee met on Monday, May 2, 1983 with all members present and submits the following report and recommendations to the Board of Supervisors for consideration: Assistant Commonwealth's Attorney Salary Increase The Committee discussed a proposal to increase the County's supplement to the Assistant Commonwealth's Attorney's salary by $7,000.00 per year, $3,5000.00 to be appropriated for the period July 1, 1983 through December 31, 1983 and the remaining $3,500.00 to be considered pending release on January 1, 1984 of the salaries established by the Compensation Board for the Commonwealth's Attorney's Office. The Committee forwarded this proposal to the Finance Committee for consideration. There was no action taken. Employee Request for Salary Increase The Committee discussed an employee request for a salary increase due to the fact that said employee had a title change and has reached the top of the salary scale. The Committee noted that in accordance with the Frederick County Merit System and Personnel Policies a change in salary range must be justified by a significant change or increase in job duties and responsi- bilities, or through a salary survey which shows the range is not competi- tive with the market value of the position. The current job description for this position accurately describes the duties of the position and the salary range is competitive in the labor market. The title change was not a request for a salary or range increase, but was requested to more clearly reflect the duties of the position. (See Attachments) The Committee noted that to grant this request for a salary increase would be arbitrary and would violate County policy. The Committee therefore recommends denial of this request. Mr. Stiles stated that at present there is nothing for a person at the top of the scale as far as any increase is concerned. He further stated that he felt there had to be some provision for some cost of living pay increase for those employees that had reached the top of the scale. Mr. Baker stated that unfortunately that is how it is. He further stated that if the Board wishes to incorporate this into the Merit System the Personnel Committee would look into it. 13:5 Mr. Stiles requested that the Finance and the Personnel Committee look into the possibilities of the Board paying the employees' share of VSRS. INFORMATION SERVICES COMMITTEE REPORT Mrs. Maddox, Chairman, presented the following report: The Information Services Committee met on April 28, 1983, with all members present. The Committee members and all County Department Heads were given a demonstration of the capabilities of the Lanier Word Processing equipment by Ms. Renee Arlotta, Permit Center Office Manager and Ms. Dianne Gambill, Public Services Department employee and Lanier Instructor for the in -house Lanier training program. The demonstration was well planned and presented in a professional, informative manner. It provided the Department Heads an opportunity to better understand and realize the capabilities of the word processing equipment as it might apply to their department. Useage of the Word Processing equipment has been requested from each Department for review by the Committee. The Committee will discuss the request from the Parks and Recreation Director for the purchase of a micro - computer at the next meeting. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Mrs. Maddox, Chairman, presented the following report: The Law Enforcement Committee met on Tuesday, May 3rd with officials from the City Law Enforcement Committee along with Commonwealth's Attorneys Ambrogi and Watts. The attached Frederick - Winchester Jail and Lock -Up Agreement was discussed and agreed upon by the Committees with certain changes, which have been made. The Law Enforcement and Courts Committee recommends approval of this Agreement. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, that the Joint Jail Agreement be approved as presented. THIS AGREEMENT, made pursuant to the provisions of Section 53.1 -87 of the Code of Virginia of 1950, as amended, and dated this 11th day of May, 1983, by and between the City of Winchester, Virginia hereinafter referred to as The City, party of the first part; and the Board of Super- visors of Frederick County, Virginia, hereinafter referred to as The County, party of the second part. WHEREAS, The City and The County are parties to a certain Agreement bearing date of July 1, 1973; and, WHEREAS, it is the desire and intention of The City and The County to terminate that Agreement as of the date of the execution of this Agreement; NOW, THEREFORE, WITNESSETH: That for and in consideration 133 of the premises and of the mutual obligations herein undertaken; It is hereby mutually understood and expressly agreed by the parties hereto that the agreement between The City and The County dealing with Frederick County - Winchester Jail and Lock -Up, bearing date of July 1, 1973, shall, at and from the date of execution of this Agreement, be, and it hereby is terminated and declared null and void; and It is further mutually understood and hereby expressly agreed by the parties hereto that the Frederick County - Winchester Jail and Lock -Up, jointly maintained and operated by the parties hereto, shall be maintained and operated under the terms and provisions hereinafter set forth: FREDERICK COUNTY - WINCHESTER JAIL AND LOCK -UP - The overall supervision of the Frederick County- Winchester Jail and Lock -Up shall be by the Sheriff of Frederick County. The direction and operation of the Frederick County- Winchester Jail and Lock -Up shall be under the supervision of the Sheriff of Frederick County, who shall continue control and responsibility for all operational activities from the date of the execution of this Agreement. The general maintenance and repair of the Frederick County - Winchester Jail and Lock -Up shall be the responsibility of the Sheriff of Frederick County subject to review by a Jail Committeee consisting of three (3) members appointed by the Board of Supervisors and (3) members appointed by City Council with the City Manager and County Administrator serving as ex- officio members. The jail budget shall be prepared by the Sheriff of Frederick County subject to approval by the County of Frederick and the City of Winchester. Jurisdictions other than Frederick County and the City of Winchester which use the Frederick County- Winchester Jail and Lock -Up facilities shall pay for said facilities on a per diem basis. Exceptions shall be jurisdictions which participate in the Joint Confinement and Corrections Operations Project. Frederick County and the City of Winchester shall support the operation of the Jail and Lock -Up in accordance with the following formula: 1. Each jurisdiction, County or City, shall pay the operational costs involved in the maintenance of prisoners committed by that jurisdiction's court on a pro rated basis based on actual prisoner days. 2. The ratio of Winchester to Frederick County utilization shall be determined monthly based on the Department of Corrections' form "J -6, Record of Prisoners Confined in Jail" or any subsequent modification thereof. The ratio determination shall be made by Frederick County subject to review by the City of Winchester. 3. Each jurisdiction shall share equally the costs of the maintenance of building, repairs, replacement of equipment and major construction not recovered from the Commonwealth, or other jurisdictions. 4. Charges for transportation will be (1) the cost of meals purchased by the transporting officer or officers while transporting prisoner(s), and (2) a mileage rate equal to the Commonwealth of Virginia authorized amount for State employees for total miles driven to transport prisoner(s). 5. Charges for transporting prisoners will be allocated between the City and County based on the ratio of the City and County prisoners to total prisoners transported on each trip, e.g. If three prisoners are transported, two County and one City, the City would be billed for one -third of the transportation charges. 6. Each jurisdiction shall share equally in the annual insurance premium costs for indemnification of the Sheriff of Frederick County for any liability imposed by legal proceedings resulting from his acting as Jailor for the Frederick County - Winchester Jail and Lock -Up. 137 It is mutually acknowledged that the Frederick County Finance Depart- ment shall handle all accounting required for said Jail and Lock -Up opera- tion. It is further mutually understood and expressly agreed by the parties hereto that notice shall be given by March 1st of any year by either jurisdiction of its intention to terminate this Agreement as of July 1st of the same year, otherwise this Agreement will continue in full force and effect from year to year. S. ROGER KOONTZ, Chairman Frederick County Board of Supervisors ATTEST: JOHN R. RILEY, JR. County Administrator Frederick County, Virginia WENDELL L. SELDON City Manager City of Winchester, Virginia ATTEST: CLERK OF COUNCIL City of Winchester, Virginia JOINT JUDICIAL CENTER COMMITTEE REPORT Mrs. Maddox presented the following report: The Joint Judicial Center Committee met on May 4, 1983, with all members present, to discuss with representatives of the Architectural firm and Consulting Engineers, the change orders listed below. Change Orders A. Structural redesigns due to unforeseen soil conditions. (Changes #1, #1A, #5, #8, #10, #11) Amount $ 45,073.00 B. Foundation redesign and time extension due to unforeseen soil conditions. (Changes #1A and #7) Amount $ 54,412.00 C. Miscellaneous. (Changes #2, #3, #4, #6, #9) Amount $ 6,822.77 Total $106,307.77 The Committee recommends approval of the above listed change orders. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the above was approved. Consideration of Future Approval Powers The Committee recommends that all future approvals for changes be considered in the following manner: A. Administrative approval up to $2,000 by City Manager and County Administrator. Mr. Stiles stated that he felt the $2,000 should be reduced to $1,000. Mr. Riley stated that the City had approved the $2,000 figure. 133 Mrs. Maddox stated that she felt that this should also be approved by the Executive Committee. Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, that the above request be approved to read as follows: A. Administrative approval up to $2,000 by City Manager, County Administrator and the Executive Committee. B. Joint Judicial Center Committee approval up to $5,000. C. Council and Board approval for amounts over $5,000. These approvals are obviously not to exceed the building contingencies of 5 %. Execute Agreement with Foundation Engineering of Virginia, P.C. to Provide In ection Services for the Judicial Center The Committee recommends that the agreement in the amount of $26,490 (estimated cost for services) be executed. This recommendation includes an additional $9,463 for the logging of the drilling and blasting for work quantities before the proposal was made and an additional $3,520 due to unforeseen site conditions. The original agreement will increase when completing the project due to varying construction schedule, unknown number of concrete placements and amount of time required for additional caisson inspections. Mr. Owings expressed concern about duplication of Inspectors on this project and asked if this was in addition to the $20,000 that had been approved originally for an Inspector. Mr. Stiles stated that this Inspector was for the overall construction project. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles, to approve the above request for $20,000 for an Inspector. This request was denied by the following recorded vote: Aye - Rhoda W. Maddox, William H. Baker and Kenneth Y. Stiles. Nay - Will L. Owings, David L. Smith and S. Roger Koontz. Mr. Stiles moved to amend the motion to pay the $26,490. Mr. Koontz asked do we delete the $3,520. Mr. Stiles stated that is correct plus the $9,463. Mr. Baker seconded and Mr. Stiles made the motion to pay the $26,490. Mr. Stiles gave a complete breakdown of how these totals were arrived at. Mr. Owings asked if Foundation Engineering had submitted a bid or was it a conditional bid. 139 Mr. Riley stated that they had submitted an agreement which has not yet been executed. Mr. Owings stated then they are working without having an agreement executed. Mr. Riley stated that is correct. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker that the County pay the $26,490 plus the $9,463. Mrs. Maddox asked what was going to happen to the remaining $3,520. Mr. Koontz replied that apparently someone was going to have to eat it. Mr. Stiles stated that would be Foundation Engineering. Mrs. Maddox stated that Foundation Engineering would be eating one -half of it because the City has already voted to pay one -half of their bill. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles. Nay - Will L. Owings. Schedule of Completion The Architects did advise the Committee that the project is 10 weeks behind schedule. Mr. Stiles and Mrs. Maddox stated that this was really 7 weeks. FINANCE COMMITTEE REPORT Mr. Baker, Chairman, presented the following report: The Finance Committee met on May 2, 1983 with Committee members Mr. Baker and Owings present. Also attending were the Finance Director, Information Services Director, County Administrator and Commonwealth's Attorney. Vehicle Request The County Administrator informed the Committee that the County vehicle assigned to him will again need major repairs. The Committee recommends that the County Administrator's vehicle be replaced and that a vehicle be purchased under the terms of the bid recently accepted for Sheriff's vehicles. It is further recommended that $7,706.00 be transferred from Capital Reserve for this purpose, and the present vehicle be offered for sale at the next regularly scheduled sale of County vehicles. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Mr. Riley is to get prices on a smaller car than mentioned above. �i Transfer Fees /Issuing Duplicate County Decals Problems encountered by the Treasurer as a result of mailing County decals, individuals not receiving them in the mail, and whether or not a transfer fee should be charged were discussed. The Committee recommends that the Treasurer issue additional decals with no charge to persons not receiving them in the mail if: (1) The decals were mailed (2) If the individual's check has cleared the bank (3) If decals have been purchased for all cars owned by that individual, and (4) If the personal property taxes have been paid. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Collection of Delinquent Taxes The Treasurer and Commonwealth's Attorney informed the Committee that legal action is being taken on all 1981 and 1982 delinquent Real Estate taxes. The Treasurer reported that delinquent Personal Property taxes have not been turned over to the Commonwealth's Attorney for collection. The Information Services Director informed the Committee that an alphabetical listing of delinquent Personal Property from 1978 thru 1982 will be avail- able next week. The Treasurer was requested to check the list and indicate those persons where the tax bills came back for lack of sufficient address or individuals had moved, etc. The County Administrator was asked to request a list of the 1982 Personal Property exonerations from the Commissioner of the Revenue. The Committee will review the delinquent Personal Property list and the exonera- tions with the Commissioner as soon as possible, and then turn the delinquent list over to the Commonwealth's Attorney for legal action. There was no action taken. Returned Checks Problems in recovering funds from bad checks was discussed. The Commonwealth's Attorney explained that a criminal warrant could be obtained on bad checks given in payment for dog tags or County decals, and a civil warrant could be obtained for all other bad checks issued. The Committee v will review the current list of bad checks at their next meeting, and make a recommendation on procedures to be followed and legal action to be taken. There was no action taken. Payment of Legal Fees 141 The Committee discussed the request for payment of legal fees pending a ruling by the Circuit Court. (See information attached) The Committee recommends that the County honor the request for payment in the amount of $7,329.93 with the understanding that reimbursement is pending for $5,233.03 from the Commonwealth of Virginia. It is further recommended that a transfer in the amount of $7,329.93 be authorized from the Operational Reserve account in order that this request may be honored. Upon motion made by William H. Baker and seconded by Will L. Owings, the above was passed by the following recorded vote: Aye - Will L. Owings, William H. Baker, Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles. Abstaining - S. Roger Koontz. Additional County Supplement for Assistant Commonwealth's Attorney The additional County supplement to the Assistant Commonwealth's Attorney was discussed by the Committee. It is recommended that an additional supplement in the amount of $3,500.00 per year be authorized from July 1, 1983, until such time as data is received from the State indicating the status and allowed salaries for the Commonwealth's Attorney and his Assistants. This information should be available in the Fall of '83 with changes in funding to be effective January 1, 1984. Upon motion made by William H. Baker and seconded by Will L. Owings, the above was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and Kenneth Y. Stiles. Nay - David L. Smith. Memorandum of Understanding with Virginia Cooperative Extension Service The Committee authorized the County Administrator to execute a memorandum of understanding with the Virginia Cooperative Extension Service. (See copy attached) The Committee noted that the biggest change in procedures is the fact that the State will pay all of the salaries and fringe benefits and bill the County on a quarterly basis. The proposed 83 -84 budget reflects this change. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. 1983 -84 Budget The Finance Director gave the Committee a copy of the 1983 -84 budget as advertised for public hearing on May 11, 1983. He explained that the additional one and one -half percent salary increase allowed County employees 142 had been reflected in the budget at a cost of $30,000. These funds along with the additional $100,000 allowed the School Board resulted in $95,304 being taken from cash reserves. The Finance Director stated that the County Administrator will try to arrange for a spokesman from the Virginia Supplemental Retirement System to come and speak to the Committee and /or County officials regarding the advantages and disadvantages of the employer paying the employee portion of V.S.R.S. If this option is to be considered, a decision would have to be made as soon as possible. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. PERSONNEL COMMITTEE REPORT - ITEM NUMBER 3 It was decided that this would be done in open session. Merit Performance Evaluations The Committee conducted the merit performance evaluations for Robert Harriman, Public Services Director, and Charles Poe, Court Services Director, and forwards them to the Board under separate cover. The Committee recommends certification of these evaluations. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, that the above merit performance evaluations be approved. BOARD RETIRES INTO EXECUTIVE S ESSION Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code (1950) Section 2.1 -344, Subsection A (1) (6) to discuss Personnel and Legal matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the Board reconvened into Regular Session. BOARD APPROVES OF DISPOSAL OF ALL ACCUMULATED AND APPROVED COMP TIME FOR COUNTY EMPLOYEES - ITEM NUMBER 1 OF THE The Committee discussed with the Assistant Commonwealth's Attorney possible methods of disposition of comp time as set forth on the report sent to the Board dated March 31, 1983. Due to the legal and personnel matters R involved, it would be appropriate to discuss this item in Executive Session (Section 2.1 -344, Subsection A (1)). Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, that the County proceed toward the disposition of all accumulated and approved comp time as maintained by the County Personnel Office files on all County employees. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. 4 Ch ma Bo d o �perYis s rk Bo rd f Supe iso s � 1