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HomeMy WebLinkAboutOctober 12, 1983 Regular Meeting255 9 A Regular Meeting of the Frederick County Board of Supervisors was held October 12, 1983, at 7:00 P.M., in the Board of Supervisor's 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. Smith stated that he had an item under "New Business ". Mr. Baker stated that he would like to move the item under "Planning Commission Business" to the first item under "Business" above "Public Hearings ", and further to amend number 5 of the "Personnel Committee Report" to include 5A. Mr. Riley stated that he had a brief presentation after the "Planning Commission Business ". Upon motion made by William H. Baker, seconded by David L. Smith and sled unanimously, the agenda was adopted as amended. APPROVAL OF MINUTES Mr. Baker stated that on Page 17 of the August 24, 1983 minutes, the amount should read 11 $26,459.71" and not 11 $16,000 ". Upon motion made by David L. Smith, seconded by William H. Baker and d unanimously, the minutes of the Special /Regular Meeting of August 24, 1983, were approved as amended. PLANNING COMMISSION BUSINESS PUBLIC HEARIN REZONING PETITION #016 -83 - GEORGE T. MCCUMBEE - BACK CREEK MAGISTERIAL DISTRICT - WITHDRAWN Mr. Horne appeared before the Board and stated that the rezoning request of Mr. George McCumbee had been withdrawn. JOHN FANNING, OF THE ADDRESSED THE BOARD RTHWEST COMMUI 'Y SERVICES BOARD Mr. John Fanning, newly appointed Director of the Northwestern Community Services Board, appeared before the Board and stated that inasmuch as he was new to this position that he wanted to introduce himself to the Board and invite them to stop by and meet with him at any time. PA M PUBLIC HEARINGS AN ORDINANCE TO AMEND SECTION 4 OF THE COMMUNITY TELE- VISION FRANCHISE ORDINANCE - APPROVED AN ORDINANCE TO AMEND SECTION 4, PARAGRAPHS (A), (D) AND (G) OF THE COMMUNITY TELEVISION FRANCHISE ORDINANCE - APPPOVFIl Mr. John Lewis, President of Winchester TV Cable Company, Inc., and Mr. Lewis Costello, Attorney, appeared before the Board to explain why Winchester TV Cable Company was requesting amendments to these two ordinances. Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, the following ordinances were approved: AN ORDINANCE TO AMEND SECTION 4 OF THE COMMUNITY ANTENNA TELEVISION FRANCHISE ORDINANCE BE IT ORDAINED by the Board of Supervisors of the County of Frederick, State of Virginia, effective October 1, 1985, the Company is hereby released from the duty required by the ordinance to seek further increases in rates through written request to the Council as required in paragraph 4 (1) of said ordinance. The Company is hereafter authorized to increase rates as presently prescribed in Section 4 at any time and from time to time and in such amounts as it deems necessary or reasonable. This deregulation of rates will remain in effect until the Board of Supervisors may rescind this action after due notice and public hearing is required by the Code of Virginia, at which time the rates in effect will be the prescribed rates in the franchise. AN ORDINANCE TO AMEND SECTION 4, PARAGRAPHS (A), (D) AND (G) OF THE COMMUNITY ANTENNA TELEVISION FRANCHISE ORDINANCE BE IT ORDAINED by the Board of Supervisors of the County of Frederick, State of Virginia, that Section 4 "Rates ", paragraphs (a), (d) and (g) of the Community Antenna Television Franchise Ordinance be amended to read as follows: (a) For service, $8.00 per month for the first outlet and $1.50 per month for each additional outlet. (d) For disconnecting and reconnecting each outlet, $10.00. (g) For motels, hotels, hospitals or any multi -unit building with a minimum of ten (10) units not classified as an apartment building, $1.50 per month per service outlet plus installation costs. The Company may reserve the right to refuse service to any such multi -unit building not classified as an apartment building whose technical facilities are not adequate to reproduce the quality of signal or number of channels furnished by the Company. 4 (1) In the event that the Company seeks to increase the rate of Regular Subscriber Services, it shall file a written request specifying the justification thereof and the Board shall rule on each such request within one hundred fifty (150) days from the date of the Company's filing of additional supporting data, as requested by the Board, whichever date is later. The Board shall conduct full public hearings affording due process on all rate increase requests. However, the Board shall exercise no regulatory authority over rate for Specialized Services, as hereinbefore defined, unless until the FCC authorizes such rate regulation. CAROLYN AMBROGI APPOINTED TO PARKS AND RECREATION COMMISSI TO FILL UNEXPIRED TERM OF WILL WALTERS - APPROVED 2. 6 Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, Mrs. Carolyn Ambrogi, from Shawnee District, was appointed to serve the unexpired term of Willie Walters on the Parks and Recreation Commission, said term to commence October 12, 1983 and terminate January 10, 1984. NEW BUSINESS DRAFT OF SEWER MAIN EXTENSION AGREEMENT TO INDUSTRIAL DEVELOPMENT CORPORATION PROPERTY - APPROVED Mr. Riley stated that a draft agreement between the City of Winchester, County of Frederick, the Industrial Development Corporation and General Electric for the sewer main extension to the Industrial Development Corpora- tion adjacent to Route 37 was being presented to the Board for their approval. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the Draft of the Sewer Main Extension Agreement was approved. REQUEST FOR BOND RELEASE FOR SECTION I -A BEDFORD PLACE - FREDERICKTOWNE - APPROVED Mr. Horne stated that requests had been made to the Planning Office to release the remaining $7,500 on Section I -A Bedford Place in Fredericktowne and inasmuch as everything was in order with the Highway Department that he was requesting that this bond be released in the amount of $7,500. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, the request for release of the bond presently being held by the County in the amount of $7,500 on Section 1 -A of Bedford Place was approved. REQUEST FOR BOND RELEASE FOR SECTION II - FREDERICKTOWNE- APPROVED Mr. Horne stated that he had also received a request for bond release in the amount of $2,000 on Section II in Fredericktowne and that everything was in order with the Highway Department, and at this time he would like to request that the Board release this bond in the amount of $2,000. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, the above request by Fredericktowne for release of the bond for Section II, Fredericktowne in the amount of $2,000 was approved. FIRE AND RESCUE COMMITTEE REPORT Mr. Smith presented the following report: The Fire and Rescue Committee met on September 27, 1983, at 7:30 P.M., in the Star Tannery Fire Company facility. The following companies were represented: Greenwood, Stephens City, Middletown, Star Tannery and Clearbrook. The following items were discussed: A. The Fire Companies were informed that the large County seals will be ordered shortly from the industrial facility at Lorton. There was no action taken. B. The letter from the Frederick County Sanitation Authority stating the policy for use of fire hydrants was shared with firefighters. (Attachment 1) There was no action taken. C. A letter from the Department of Health concerning guidelines for the distributions of State funds for Emergency Medical Services was made available. These funds will be distributed at the rate of $0.25 per vehicle registered in Frederick County during the period of July 1, 1983 -June 30, 1984. There was no action taken. D. As requested by the Committee at the August meeting, population figures by Fire Company area were presented and discussed. (Attachment 2) The figures represent the actual population served by each Company. There was no action taken. E. The representative from one of the Fire Companies presented a concept that would govern the distribution of County funds among the various Companies. (Attachment 3) As presented it would rate by a point system Fire Company activity, from population served to fire prevention education. Points would be assigned and the annual County contribution would be split in the same ratio as the point standings. The concept is to be passed to the Code and Engineering Committee. There was no action taken. It was recommended that a reciprocal fire protection agreement between Winchester and Frederick County be signed. A copy of the agreement is attached. (Attachment 4) The agreement is to be passed to the Code and Engineering Committee. There was no action taken. 06 G. It was recommended that the new monthly reporting form be modified by adding a line for reporting administrative man hours. A copy of the modified form is attached. (Attachment 5) There was no action taken. CODE AND ENGINEERING COMMITTEE REPORT Mr. Owings, Chairman of the Code and Engineering Committee, presented the following report: The Code and Engineering Committee met on October 5, at 9:30 A.M., with all members present. Also present were Ed Wright, Steve Diehl, Steve Gyurisin and Bob Harriman. The Committee makes the following report and recommendations: A. A report was made regarding a trip to Salem, Virginia to observe the work being done on the D -8 bulldozer. A significant amount of repair work was required above the estimated price and Carter invoked a 10% increase in price to cover these problems. Additionally, other items were required to be accomplished to complete the machine. Attached is a letter from Carter addressing this. It is recommended that an additional $12,718 (includes 10% increase) be approved. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above recommendation was approved. B. The Committee was briefed on the need to straighten the track rails on the 955 loader. One bid is in hand and the Committee requested that another bid be obtained. There was no action taken. C. Estimates for painting the roofs of the Court Square complex were discussed. Color was a question; the Public Services Director is to approach the Historical Society for guidance. Additionally, bids for the trimming of trees in the Square and the Jail Courtyard were presented. The Committee recommended the work be accomplished by the low bidder in both cases. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above recommendation was approved. D. The proposed Fire Code was discussed and the concensus of the Committee was that the concept was a good one, but it was thought that now was not the appropriate time and that our present procedures were adequate. A copy of Winchester's Fire Code is attached. 264 Mr. Walt Cunningham, Chairman of the Fire and Rescue Committee, appeared before the Board to address this. He stated that he did not know why the County did not have a Fire Code. Mr. Koontz asked if the Code and Engineering Committee could draw up a modified Code. Mr. Owings stated that one of the problems that the Committee had with this was who would be the one to do the inspections, would all ten County Companies want to assume this responsibility. Mr. Smith suggested that this be taken to the next Fire Committee meeting on October 24th and get their feelings. The question was raised as to whether or not all ten Fire Company chiefs would conduct the same kind of inspection. Mr. Stiles stated that not all areas within the County would have a need for a Fire Code, but that some of them definitely have a need for one. There was no action taken. E. The Committee was briefed by two representatives from GENSTAR Corporation on land application of liquid sludge. Note: The Frederick County Farm Bureau is sponsoring a workshop on land application of sludge. It will be held November 16, 7:00 P.M., at Aylor Junior High School. It was the consensus of the Board that any of the them that could attend this meeting should do so. There was no action taken. JUDICIAL CENTER COMMITTEE REPORT Mrs. Maddox presented the following Judicial Center Committee report: The full Joint Judicial Center Committee met on October 5, 1983 with nine members present. Bill Mote was absent. The Committee submits the following report: Progress Report Mr. John McCabe, HOK representative, advised the Committee that the project is approximately eight weeks behind. The primary reason for this delay is due to late shipping of the precast concrete which is used as the base for the exterior brick work. The first shipment of concrete is expected on site Tuesday, October 11. Plumbing, electrical, mechanical and dry wall work is progressing on schedule. There was no action taken. Change Order, Brick Pavers ($25,184) The Executive Committee presented a change order to the full Committee to reinstate brick pavers in the project. The original bid had included this item but was dropped when the alternate bids were submitted. The administrative staff was instructed to obtain prices at a future date to determine if it would be feasible to reinstate this item. The contractor has submitted a price of $25,184 to complete this work. Concern was expressed that since this item was coming from the 5 percent contingency fund, it could put the project over budget. It was also noted that this item would be in the last phase of construction and it could wait until then to determine if the funds were available. Arguments were presented to the contrary that indicated the price could be locked in now rather than waiting, which could result in a higher price. The Committee recommends approval of the change order in the amount of $25,184 (County share $12,592) from 5 percent contingency fund. Mr. Koontz stated that he felt this item should go to the Finance Committee for their review and recommendation. Mr. Smith stated that he felt the Board should vote on this request at tonight's meeting. Mr. Stiles stated that he felt that this needed to be decided on as soon as possible rather than waiting and the fact that the Finance Committee would not be discussing this until late in November, it would mean this would not be brought back to the Board until the first meeting in December. (This was voted on later in the meeting.) Change Order Foundation Engineering of Virginia FEV is requesting payment for services rendered on the Judicial Center. FEV provided testing and inspection certification services to the owners for the construction of the project. The City Manager and the County Admini- strator have spent considerable time in determining if the attached summaries were in fact correct. Several meetings were held with HOK and FEV. Listed below is the cost summary: Cost incurred to date by FEV $70,586.17 Cost of final work to be completed 1,600.00 TOTAL $72,186.17 Amounts paid by HOK to date $45,106.17 Total amount needing authorization for change $27,080.00 - 3,520.00 $23,560.00 HOK has recommended payment for the services rendered. The Committee, after reviewing the costs and receiving input from HOK and FEV, recommends approval for the additional amount of $27,080 ($13,540 County share) from 5 percent contingency fund. Mr. Smith asked if the amount that had been rejected at an earlier meeting by the Board was included. Mr. Riley stated that the $3,520.00 that had been rejected was included in this total of which $1,760 was the County's share. Mr. Stiles stated that this work had been done. Mr. Smith stated that the Board stated at that time that this was not the County's responsibility and he did not feel that it was the County's responsibility now. Mr. Stiles stated that was true, but that HOK had authorized that this work be done. He further stated that HOK stated that the Judicial Committee could not be gotten together for a meeting to discuss this matter and that he just did not buy that, and if anyone should be responsibile for this part of the bill it should be HOK. Mr. Baker stated that he agreed, that he felt this should be paid by HOK. Mr. Smith stated that he felt that HOK should be put on formal notice that they do not incurr debtness on behalf of the County. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, payment for services rendered to Foundation Engineering of Virginia was approved in the amount of $11,780. (County's share) Mr. Koontz requested that Mr. Riley write to HOK and inform them of the Board's feelings concerning this matter. Mr. Smith stated that he felt the questioin of the brick pavement should be voted on tonight. Mr. Owings made the following statement: To me this is not a decision as to whether we go to brick or concrete. Personally I was very happy with the brick and I think that it should have remained that way, but when the bids went out the specifications all designated brick. When the bids came back in, in order to bring the bid price down to a certain desired figure, there were certain deletions made. One of those was changing from brick to concrete. I don't agree with the way it was done. I am certain that the Committee checked it legally as to whether or not they could make a deletion and then after the contract was awarded to go back and insert the brick into the bid. I just don't agree with that, I am sure they are legal in it. To me, to play around with figures on a contract after the contract has been issued, signed by both the County and City Committee, that we are, my personal opinion is, we are very, very close to the border line to being unethical. I am very much afraid that in the future the creditability of Frederick County and the City of Winchester Judicial Center, the way we are operating on this, that our 267 , reditability is going to be damaged considerably when we have our future Ads for any kind of construction, they are going to wonder whether they are Adding against us or themselves, that is my feeling, and that is why I :annot and will not support the addition of the $25,184 for the brick even :hough I think the brick should be there, it should have stayed in the )riginal specifications. Mrs. Maddox stated that the particular brick portion that they were talking about was only a small part of one of the alternatives. She stated the plans that were drawn up had brick extending out across to the autopark, that it had granite tops, the walls around the facility. She further stated that all of those things were struck out in that particular alternative. Ars. Maddox further stated that the Architectural Board, in looking at the clans, saw that the inside ground floor of the building was brick, and in )rder to make an aesthetic flow through from the outside of the building, through the building and out the other side, they asked if they would - onsider putting back in the brick pavers that run along just outside the Building along the arch ways. She stated they were not talking about reinstating all the bricks. Upon motion made by Kenneth Y. Stiles and seconded by David L. Smith, that the Change Order for Brick Pavers for the Judicial Center in the amount if $25,184 be denied. The above motion was approved by the following recorded vote: aye - Will L. Owings, William H. Baker, David L. Smith and Kenneth Y. Stiles, nay - Rhoda W. Maddox. Mr. Koontz abstained from voting. Mr. Koontz stated that he did not feel that he had enough of informa- tion to vote on this at tonight's meeting. Interior Design HOK informed the full Committee on the progress to furnish the Court- house. The amount allocated for furnishing the Courthouse is $320,000 ($8.00 @ square foot). Every effort is being made to utilize existing furniture and it appears that estimates for furnishing the project are $20,000 under budget. Specifications for the furniture are being prepared and it is anticipated that Requests for Proposal will be advertised in approximately two weeks. There was no action taken. FINANCE COMMITTEE REPORT Mr. Baker, Chairman of the Finance Committee, presented the following report: 266 The Finance Committee met on October 3, 1983, with Mr. Baker, Mr. Dailey and Mr. Owings present. Also attending were the County Administrator and the Finance Director. Local Share of State Funds for Emergency Medical Services The local share of State funds for Emergency Medical Services, based on vehicle registrations, will be transferred to the locality on an annual basis. Estimated payment to Frederick County in August, 1984, is $6,040. (See Attached) There was no action taken. Restoration of Office Expenses and Restrictions Placed on the Filling of Vacancies for 1983 -84 by Compensation Board The Compensation Board will be restoring the Constitutional Officers' office expenses to the 1982 -83 expenditures level. This increases their reimbursement by $5,631.00 for 1983 -84. (See Attached) There was no action taken. Detail of Cost Estimates for Completion of Walkway Project at Sherando Park Lake The expenditures reimbursed by the COR Grant were $13,820.00. The cost estimate to complete the walkway is $7,098.00 to be funded by collection of impact fees from Fredericktowne. (See Attached) There was no action taken. Upgrade of Our IBM Copier The Finance Director presented a proposal to trade in our three -year old IBM copier. A substantial trade -in allowance is available currently. We are using our current copier at maximum usage, and our maintenance costs are increasing. The new contract would extend our payments an additional two years, however, our monthly payment would not increase. The Committee recommends approval. No additional local funds are required. (Additional information attached. ) Upon motion made William H. Baker, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Update Delinquent Personal Property Taxes and Collection The County Administrator presented to the Committee a summary of delinquent personal property tax collections. The amount of $71,030.32 has been collected since April 30, 1983. (See Attached) There was no action taken. Cash Registers for Treasurer's Office 269 The Committee reviewed a report outlining the cost of the electronic cash register system. The Committee recommends approval of the purchase of the cash registers and approval of the appropriation transfers in the amount lof $23,148.47. No additional appropriations are needed. (See Attached) Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Cash Flow Information The County has been successful in their effort to continue operating without borrowing. It appears at this time that there will be no need to borrow to operate in the fiscal year 83 -84. There was no action taken. 1984 -85 Budget Preparation Data is being compiled for our 1984 -85 budget preparation and will be available for the Board at the second meeting in November. There was no action taken. Bluemont Concert Series Mr. Peter Dunning appeared before the Committee to request support for the 84 -85 fiscal year concert series. The Committee recommends support of the concert series, provided funds are secured and committed from the State to support the Grant series. It is also understood that further services provided by Mr. Dunning are on a strict contractual basis with the Parks and Recreation Department and are not to be confused with the Grant series. There was no action taken. Mr. Stiles stated that a citizen had brought to his attention the condition of the road going to the dumpsters in Clearbrook Park and that it is in very bad condition and has been this way for sometime and he wondered if their were any funds available to repair this road. Mr. Harriman stated that he would check into this and see what the cost would be and if any funds were available. PERSONNEL COMMITTEE - EVALUATION Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the evaluation, as presented to the Board by the Personnel Director, for Mr. Ned Cheely, Director of Parks and Recreation, was approved. Mrs. Kelican stated that there was a possible candidate for the Clerk II position in the Inspections Department, but the fact that the Board had frozen this position at an earlier meeting she would like to request at this 27® time that the Board consider rescinding this freeze inasmuch as Mr. Dennison has decided that he would rather have the Clerk Typist II position filled at this time in lieu of the Clerk Typist III position that was just vacated. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, that the freeze imposed on the Clerk Typist II position in the Inspections Department be rescinded in order that it may be filled in lieu of filling the Clerk Typist 111 position. The Board requested that Mr. Riley draw up a resolution in honor of Ms. Judy B. Burtner, County Extension Agent, who is leaving the County after six years for a position with VPI. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. i Chair` an,- B rd of Sbp9tviso rs CI r Board of Supervi ors