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March 10, 1982 Regular Meeting49 A Regular Meeting of the Frederick County Board of Supervisors was held on March 10, 1982, at 7:00 P.M., in the Board of Supervisors' fleeting Room, 9 Court Square, Winchester, Virginia. PRESENT S. Roger Koontz, Chairman; Will L. Owings, Vice- Chairman; William H. Baker; Rhoda W. Maddox; David L. Smith and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend William Hough of the Braddock Street United Methodist Church. ADOPTION OF AGENDA Mr. Smith requested an Executive Session following the meeting to discuss Personnel. Mr. Smith further requested time under Old Business. Mr. White stated that Mr. Tom Malcolm was present and would like to give a report on the current status of the Judicial Center and the meeting that was held on March 8, 1982. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the agenda was adopted as amended. APPROVAL OF MINUTES Mrs. Maddox stated that on Page 1 of the February 10, 1982 minutes, the seventh line, the word "Management" should read "Government ". Mr. Stiles stated that on Page 3 of the February 10, 1982 minutes, the second line, the word "insuing" should be spelled "ensuing ". Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the minutes of the Regular Meetings of February 10 and February 24, 1982 were approved as amended. OLD BUSINESS Mr. Smith stated that in reviewing the Dodge Report he noted the concession and restroom facilities to be built at Sherando Park were included in this report and they are predicting that this project cannot be done for less than $70,000 based on the information they had received from the Engineers. He further stated that he had discussed this at length with Mr. Cheely and Mr. Doran and they felt the information given to the Dodge Report was incorrect. Mr. Smith further stated that he also understood that the road near the concession facility had been added to the bid in order to sweeten the pot. He further stated that all of this concerned him and he would like for all bids, that are scheduled to be opened tomorrow at 2:00 499 P.M. in the Finance Department, to come back before the Board of Supervisors for their review prior to any bid being approved. Mr. Baker stated that regardless of what the bids come in at, the Board of Supervisors were committed to $42,800 for this project and anything above that is the responsibility of the Parks and Recreation Commission. Mr. Stiles stated that he felt this should come before the Finance Committee for their review at their meeting scheduled for next week. Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, that all bids submitted for the restroom /concession building at Sherando Park be reviewed and approved by the Finance Committee at their next scheduled meeting on March 17. JUDICIAL CENTER REPORT PRESENTED TO THE BOARD BY TOM MALCOLM P.1r. Malcolm appeared before the Board and presented the following report: The full Committee met on Monday, 8 March 1982 and reviewed a number of items that had been brought to the Committee by the Executive Committee. The design development and construction drawings for the Judicial Center are proceeding. It is contemplated that the project will be ready for bidding by May. Since City /County authorization of the owner /architect agreement in September, 1980 for a 50,000 square foot facility, both governing bodies approved a schematic design in January, 1982 which incorporated the 1980+ program to include shell space for a Circuit Courtroom, Jury Room, 3 Lawyer/ Client Conference Room, 2 Judges' Chambers, a District Courtroom and general office space totalling approximately 5407 square feet. Necessary changes in the circulation pattern and 1990+ program accomodations in other offices resulted in increasing the size of the building to 70,887 square feet. This increase in building size was beyond the scope of the original Owner /Architect Agreement and has in the opinion of the Committee necessi- tated a revision to the Agreement. The Joint Judicial Center Committee recommends that the City Manager and County Administrator be authorized to execute an amendment to the Owner /Architect Agreement increasing the fee from $305,000 to $432,206. This fee also includes design and engineering of rough shell space for a fully excavated basement, adding approximately 10,500 square feet. �D The change in the size of the project has resulted in a change in the estimated cost of the project from $5,000,000 to $6,678,000. Detailed cost estimates are still being refined, however a general breakdown of estimated project costs is (in the County Administrator's Office). These estimates hopefully reflect a realistic budget ceiling for the project. Discussion followed concerning the increase in the project from $5,000,000 to $6,678,000. Mr. Malcolm stated that it was the general consensus of the Committee to have the excavation of the basement included in this project, at this time, even though it will not be finished at this time. He further stated that it would be sealed off for the present, but it will be there for future use if needed. He further stated that the Committee felt that if it were not done now that it would never be done. Mr. Owings stated that this increase concerned him, and with the condi- tion of the economy being what it is he did not feel he could obligate the County for any further Capital Improvements at this time. He further stated that when he gave his approval for this project earlier, he did not realize that an additional cost such as this was a possibility. Mr. Malcolm stated that the increase in architectural fees was due to the increase scope of the project. Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein approve the excavation of the basement of the Judicial Center building as recommended by the full Committee. 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. Play - Will L. Owings. Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein approve the recommendation of the Judicial Center Committee to execute an amendment to the owner /architect agreement increasing the fee from $305,000 to $432,206. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Rhoda W. Maddox, David L. Smtih and Kenneth Y. Stiles. Nay - Will L. Owings. 5®1- WILL L. OWINGS APPOINTED TO THE WINCHESTER- FREDERICK ECONOMIC DEVELOPMENT COMMISSION Upon motion made Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Will L. Owings to the Winchester- Frederick Economic Development Commission for a three year term, said term to commence on March 10, 1982 and terminate on March 10, 1985. RHODA MADDOX APPOINTED TO THE REGIONAL JAIL BOARD TO REPLACE WILL OWINGS Mr. Koontz stated that Mr. Owings, who is currently serving on the Regional Jail Board, has requested that Rhoda Maddox be appointed to replace him on this Board. SUBDIVISION REQUEST - EMERSON CORPORATION Mr. Horne presented this subdivision request stating that the intent of the subdivision plat is to vacate a previous lot line between two lots immediately to the North of Big Man's Restaurant on Route 522 South, and to combine the remaining portions of one lot with another lot to create a lot of approximately 43,720 square feet. This land is now zoned B -2 (Commercial- General) and a site plan has been reviewed and approved by the Planning Commission for an office building complex on this property. Upon motion made by David L. Smith, seconded by Will L. Owings and passed unanimously, the subdivsion request of Emerson Corporation was approved as submitted. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. Baker presented the following report: The Finance Committee met on 25 February 1982 with all members present. The Committee makes the following report and recommendations: Recreation Impact Fees The Committee reviewed a request from the Parks and Recreation Commis- sion to have interest earned on impact fees paid to the County allocated to the credit of the impact fee accounts. The Committee noted that the Finance Director had no objection to the request. His office would compute the interest based on the average interest rates for certificates of deposit each quarter earned by the County and post the interest earnings to the impact fee accounts accordingly. The Committee recommends approval of the request and the authorization of the Finance Director to begin the process effective April 1, 1982. 5o Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Recreation User Fees The Committee established a meeting later in March to meet with repre- sentatives from the Parks and Recreation Commission and staff to discuss proposed revisions to the Recreation fee schedules. FY83 Budget The Committee continued its review of various revenue alternatives for the development of the FY83 Budget. The Committee instructed the staff to prepare departmental allocations based on revenue estimates with no changes to the property tax structure. The Committee is contemplating recommending imposition of a County license tax on public utilities pursuant to the provisions of State Code, Section 58 -578 and 58.266.1. The Committee noted that the preliminary revenue estimates from this source would be approximately $60,000 and it would be based on one half of 1% gross receipts derived from public utili- ties in the County. More research is being conducted by the staff concern- ing this tax. The Committee noted that information collected so far had indicated that the imposition of this tax in other jurisdictions was not passed on to consumers as it has been contemplated by the State Corporation Commission in approval of rate structures for public utilities. Based on the revenue estimates of current rates of taxation, the Committee noted that income excluding State aide to schools would increase to the County by approximately $590,000. After accounting for adjustments and reductions to debt service requirements the net funds to be allocated to the operating budgets total approximately $717,000. The Finance Committee instructed the staff to allocate these funds to the various functions of the County. The various departments and agencies of the County have been requested to return their departmental requests within the limits imposed by these allocations. There will be additional meetings of the Finance Committee and the other Committees of the Board to review the departmental budgets over the next month. Pursuant to the previously established schedule, the Committee intends to present the budget to the Board in April for final review. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT AND RECOMMENDATIONS 503 Rhoda Maddox presented the following report: The Law Enforcement and Courts Committee met on 4 March 1982 with all members present. The Committee makes the following report and recommenda- tions: Division of Court Services The Committee reviewed a progress report from Court Services Director Poe on a number of topics. The Committee noted that Delegate Guest's pro- posal before the General Assembly to provide funding for Detox facilities from an increase in the sales tax on alcohol has cleared the House and is now in the hands of the Senate. The Committee also noted that the enabling legislation for misdemeanant programs designed around the Winchester - Frederick County programs was approved by the House. The Committee noted that the office of Court Services was asked to provide assistance to the Bull Run ASAP Office to assist in maintaining services while they are experiencing a transition of their local staff. The Committee noted that pending completion of a successful reorganization of the Bull Run ASAP Office, that the local office of Court Services is contemplating transferring responsibilities for the Leesburg Office to the Bull Run ASAP Office. The Committee noted no objection to the proposal and will keep the Board Members informed regarding progress for this idea. The Committee discussed funding for the Work Release Center and noted that while the statutes of Virginia provide for funding for Work Release Centers through the Department of Corrections no appropriations are avail- able. The Committee discussed alternate funding options to continue in the development of the Work Release Program and instructed the Director to proceed at a pace in seeking to implement the Work Release Program. The Committee also noted that approximately 70% of the detainees in the Frederick - Winchester Jail are pretrial; and the District Court Judge is pro- posing to develop a use of a modified Vera scale to screen pretrial detainees to provide for pretrial release. It was noted that the evaluation of detainees would exclude violent felons, or weapon related violations, or individuals that were already out on bond from being considered for pretrial release. The Committee noted that upon successful implementation of the proposed program there should be a significant decrease in the Jail popula- tion. Classification for Civil Process Servers �o The Committee reviewed additional information from the Administrative Assistant for Personnel regarding the proposed addition of Civil Process Servers to the schematic list of classes. The Committee is satisfied with the additional information which clarifies the questions that were previous- ly raised and the Committee therefore recommends establishment of the classifications. The previous memos and additional information are attached with the report for the information of the Board. Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, the above was approved. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, the Board retired in Executive Session in accordance with Section 2.1 -344 (a)(1), to discuss personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the Board withdrew from Executive Session. BOAR RECONVENES INTO REGULAR SESSION Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDI�RED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Sup rvisors C! Board of Supervisors te a; �