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
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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.
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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.
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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.
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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
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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
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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
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