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HomeMy WebLinkAboutJune 23, 1982 Regular Meeting56r A Regular Meeting of the Frederick County Board of Supervisors was held on June 23, 1982, 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 Ed Harrison of the Round Hill Methodist Church. ADOPTION OF AGENDA Mr. Stiles requested time under "County Officials ". Mr. White stated that he had a couple of handouts under the Finance Committee at the end of the meeting that needed Board action. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker the agenda was approved as amended by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Rhoda W. Maddox, Will L. Owings and Kenneth Y. Stiles. Mr. Smith had not arrived at this time. APPROVAL OF MINUTES Mr. Stiles stated that in the minutes of May 12, 1982, Page 1, the Chairman read the rules that would be followed with reference to the Budget hearing and he felt these rules should be made part of the minutes. He stated that on Page 9 of the May 12, 1982 minutes, the second paragraph, he refers to a proposed worksession by the Chairman for discussion of the solid waste proposal and he asked what the status of this worksession was. Mr. White stated that this would be discussed later on in the meeting under the Code and Engineering Committee Report. Mr. Stiles referred to the minutes of May 26, 1982, Page 18, and to the bid package that was referred to in the Code and Engineering Committee Report. He asked when this would be completed. Mr. Owings stated that he could not answer this as this was not avail- able at the last Code and Engineering Committee meeting. Mr. White stated that this needed to be resolved at tonight's meeting, that there was a difference of understanding relative to the request for a proposal to have the basic engineering assumptions verified first before bid packages were sent out. 568 Mr. Stiles stated that the Committee directed the staff to prepare a bid package and he did not see how this could have been misunderstood. Mr. White stated that the bid package was in shape but not ready to go. Mr. Owings stated that there was misunderstanding between the Committee and the staff to what the Committee was asking for. He stated that the Committee thought they were going to have a comparison between an actual bid and the figures they were given, but as of this date the bids have not gone out. Mr. White stated that it was the staffs' position to proceed along these lines but he wanted to be sure that the numbers being used were accurate. Mr. Stiles stated that on Page 21, of the May 26, 1982 minutes, with reference to the delinquent tax resolution, he would request that the remarks he made with reference to this be made part of the minutes. He stated, "that he was in favor of the resolution as long as it was understood that as far as he was personally concerned that it was not meant to reflect in a negative way, the way any of these Officers were performing their jobs ". He stated that in the minutes of May 26, 1982, Page 22, the last paragraph, it refers to year end transfers and he wanted to know if this information was provided in the Finance package that was being presented tonight. Mr. White stated that yes it was. Mr. Stiles stated that on Page 24, of the May 26, 1982 minutes, the word "mislead" and "lead" is mispelled. Mr. Smith stated that on Page 17, of the May 26, 1982 minutes, the fourth paragraph and a statement made by Mr. White with reference to the draft that he had prepared on revisions to the compensatory time policies. He stated that it was his understanding that Mr. White had a draft on his desk at that time with all the compensatory time of each department and that this would be prepared, finalized and sent to the Personnel Committee. Mr. Smith asked Mr. White when the request was made of the Personnel Office with reference to the figures on the compensatory time. Mr. White replied that it was after the last Board meeting. Mr. Smith asked if this information would be made available to the Personnel Committee for their next meeting. Mr. White replied that yes it would. b69 Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the minutes of the Regular Meetings of May 12 and May 26, 1982 and Special Meeting with the City of Winchester of June 9, 1982 were approved as amended. STEVE CULBERT APPOINTED TO THE FREDERICK COUNTY SCHOOL BOARD FROM SHAWNEE DISTRICT - APPROVED Mr. Culbert appeared before the Board. Mr. Stiles asked Mr. Culbert what his point of view was with reference to County employees and collective bargaining. Mr. Culbert stated that collective bargaining in his mind smacks of unionism and he had mixed emotions about it, that he would much rather see it phrased as local associations with the idea in mind of furthering the best interest of those involved. He further stated that he did not deal with collective bargaining in his personal life being in an area that is practically union free, we don't hear too much about it in this area. He stated that you hear more of associations being used as opposed to collec- tive bargaining. Mr. Stiles asked Mr. Culbert if he was aware of the fact that the education association is defined as a union by Federal Courts and the Internal Revenue Service and that their primary goal is public employee collective bargaining in Virginia. Mr. Koontz stated that he doubted this. Mr. Stiles stated that he could verify this statement. Mr. Koontz stated that this is not true in Virginia, that it may very well be a local association or National Education Association, but that it would not be true in the State of Virginia. Upon motion made by David L. Smith, seconded by William H. Baker, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein approve the appointment of Steve Culbert as representative from Shawnee Magisterial District to the Frederick County School Board, said term to commence June 30, 1982 and terminate on June 30, 1986. The above resolution was passed by the following recorded vote: Aye - Rhoda W. Maddox, William H. Baker, Will L. Owings, David L. Smith and Kenneth Y. Stiles. Abstain - S. Roger Koontz. RICHARD HARDISON REAPPOINTED TO THE SOCIAL SERVICES BOARD - APPROVED Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, that Richard Hardison be reappointed to the Social Services Board, said term to commence on June 30, 1982 and terminate on June 30, 1986. RESOLUTIONS HONORING 8 VALEDICTORIANS FROM JAMES WOOD GRADUATING CLASS O 1982 - APPROVED Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, that the following resolution honoring the 8 Valedictor- ians of the James Wood graduating class of 1982 be approved and presented to the following graduates: WHEREAS, was a senior at James Wood High School and; WHEREAS, she /he recently graduated, achieving the honor of being one of eight Valedictorians in his /her class, and; WHEREAS, this achievement has brought honor and credit to himself/ - herself, his /her school and to his /her Community; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors hereby expresses its congratulations to for his/ her outstanding achievement; BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to RESOLVED this 23 day of June, 1982. /s/ S. Roger Koontz S. Roger Koontz, Chairman /s/ Will L. Owings Will L. Owings /s/ William H. Baker William H. Baker /s/ Rhoda W. Maddox Rhoda W. Maddox /s/ David L. Smith David L. Smith /s/ Kenneth Y. Stiles Kenneth Y. Stiles The above resolution was presented to the following: Pamela Ann Bitto, Janice Elaine Groff, Tami Lee Heyman, James Vernon Hutton, III, John Julius Koegl, Jeannette Aimee' Sorrell, Daniel James Sterrick and Daniel Allen Thorn. Mr. Baker stated that he felt this was a tremendous tribute to the educational system of Frederick County and he felt they were to be commended, that they have turned out 8 Valedictorians, to his knowledge the first time in the history of the County and as far as he knew in the history of the State. He stated that this was exceptional performance on the part of the School system and the kids. Mrs. Maddox stated that the words of Mr. Baker were her sentiments also and that everyone could see that education was alive and well in Frederick County. COUNTY OFFICIALS 571 Mr. Stiles referred to the letter from the Area Agency on Aging that had been given to the Board prior to tonight's Board meeting. He stated that he was very much concerned about this situation and he felt a meeting tonight with the County representatives on this matter would have been useful prior to their meeting on June 25, 1982. He further stated that it was his understanding that there was more than one problem that needed to be dealt with. Mr. Koontz stated that legal counsel is involved and that there is a problem with anyone discussing this matter before the Board at this time. Mr. Stiles stated that Mr. Toht had requested that the County funding be increased some 600% this year over last year and quite frankly there is a question of credibility involved. Mr. Koontz stated that it was his understanding at this point that the State was involved. Mr. Owings stated that he felt it was inappropriate for the Board to take any position until we receive a full report on this matter. Mr. Stiles stated that he would like to request that the County representatives on the Area Agency on Aging meet with the Board at their August 11 meeting. Mr. Stiles stated that on June 10, Jim Doran, Ned Cheely and Mr. Brown, of the Recreation Commission, and himself met at the Clearbrook Park with Mr. Harvey Strawsnyder, of Foundation Engineering, to pursue possible alternatives for getting a return of swimming at the Clearbrook Park in one way or another. He further stated that he had a copy of Mr. Strawsnyder's inspection report and he would like to request that the County Admini- strator's Office make a copy of this report and forward it to each Board member for their review. Mr. Baker stated that he would like to refer back to the Area Agency on Aging. He stated that he did not hear any comments made as to other Board members' concerns about the point Mr. Stiles made concerning this. He further stated that he would like to personally express himself that he did have a very great concern, that he felt the Board did have to recognize the confidentiality of the meeting that is being held by Dr. Brown and Mrs. Roe, but he also felt that the Board should be privileged to have someone from the Agency to appear before the Board to give the input that comes out of the meeting. 572 Mr. Koontz stated that both of the members had been contacted and that they would be present at the next meeting. Mr. Smith inquired as to the reoptimization study that was being conducted for the Frederick - Winchester Service Authority. Mr. White stated that there had been a delay in the date of the finali- zation of the optimization study because of a change by the State. Mr. Smith stated that it concerned him that when an update was scheduled to be presented to the Board on a particular matter that the County Administrator or Department Head should report to the Board why there has been a delay. He asked if a report would be forthcoming at the August 11 meeting. Mr. White stated that yes there would. Mr. Smith asked Mr. White what the progress was of the report on compensatory time for County employees. Mr. White stated that he had asked Mrs. Kelican to take care of this. Mr. Smith asked Mr. White when Mrs. Kelican was directed to do this report. Mr. White replied shortly after the Boards' last meeting. Mr. Smith stated that several weeks ago the organizing of a Fire and Rescue Committee within the County had been discussed and he would like for a letter to go out from the County to each Fire Department and Rescue Company in the County to get their input on this. Mr. Koontz stated that he had been contacted by various members of the Fire Companies and that they do want to have input into this. He stated that all of this would be going to the Personnel Committee before coming to the Board. Mr. Stiles inquired as to the status of the citizen member being placed on the Personnel Committee and that he did have a citizen that was interested in serving. Mr. Koontz requested that the Board members submit to him in writing their nomination for a citizen member on the Personnel Committee. ZMAP #006 -82 - MCDONALD'S CORPORATION - OPEQUON MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this rezoning request stating that the Planning Commission unanimously recommended approval. 573 Mr. Doug Swift, representing McDonald's Corporation, appeared before the Board and showed them on a plat where the proposed McDonald's would be located with reference to the present Texaco Station and Route 277. Mr. Koontz asked about the Texaco sign and if it would be removed. Mr. Randy Boone, representing McDonald's Corporation, stated that this was on the lease property and the terms on the contract stated that it will be removed. Mr. Koontz stated that there was concern about truckers coming off Route 81 as there has been a problem on Route 11 North even though they are parking illegally. Mr. Boone stated that two acres would be developed at this site as this is all Texaco would lease to them and he felt the truckers would not get off 81 because of the ingress and egress problem. Mr. Baker asked if "No Parking" signs had been erected by the Highway Department on Route 11 North. Mr. Koontz replied yes, but that they are continually knocked down. Mr. Stiles stated that the staff recommendations coming to the Board are not the same as the ones presented to the Planning Commission. He further stated that the idea of one way traffic in this area was discussed at the Planning Commission meeting and Mr. Boone was not in favor of this idea for understandable reasons. He further stated that the Planning Commission had concerns not only for this section of 277 but for this whole stretch of area on 277. Mr. Owings stated that this particular intersection has been of great concern to him for some time. He further stated that he had been in contact with the Virginia Department of Highways and Transporation and that they had assured him that everything is okay. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, that Zoning Map Amendment Petition Number 006 -82 of McDonald's Corporation, 3015 Williams Drive, Fairfax, Virginia, consisting of 2.3500 acres, now zoned B -1 (Business- Limited) to be rezoned B -2 (Business - General) be approved. This property is designated as Parcel Number 149 on Tax Map No. 85(A) in the Opequon Magisterial District. AN ORDINANCE ENACTING ARTICLE X OF CHAPTER NINE OF THE CODE OF FREDERICK COUNTY, VIRGINIA, AS AMENDED, TO LEVY A COUNTY LICENSE TAX ON TELEPHONE TELEGRAPH HEAT LIGHT, WATER AND POWER COMPANIES PURSUANT TO THE PRO- I RGI NI A. 1950, AS AMENDED - 574 Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the following Utility Tax Ordinance was approved as presented: Sec. 9 -36 General BE IT ORDAINED by the Board of Supervisors of the County of Frederick, Virginia, that for each and every year, beginning on the 1st day of January and ending on the following 31st day of December, until otherwise amended or repealed, there is hereby levied upon each and every telephone, telegraph, heat, light, water or power company doing business in the County of Frederick, Virginia, for the privilege of doing business within the County of Frederick, a license tax equal to one -half of one per centum (1 %) of the gross receipts accruing to such company from such business in the County of Frederick and the following shall be applicable to such tax: Sec. 9 -37 Definitions The following words and phrases when used in this ordinance shall, for the purpose of this ordinance, have the following respective meaning, except when the context clearly indicates a different meaning: (a) Telephone or telegraph companies. Those corporations subject to the provisions of Article 8, Chapter 12, Title 58, Code of Virginia, 1950, as amended. (b) Water or heat, light and power companies. Those corporations subject to the provisions of Article 10, Chapter 12, Title 58, Code of Virginia, 1950, as amended. (c) Gross receipts. Gross earnings and receipts derived from business within the County of Frederick, Virginia, as reportable pursuant to Section 58 -581., Code of Virginia, 1950, as amended, for telephone and telegraph companies and pursuant to Section 58 -603, Code of Virginia, 1950, as amended, for water or heat, light and power companies, and taxable under the provisions of Section 58- 266.1, Code of Virginia, 1950, as amended. (d) Year. Calendar year. (e) Penalty. An amount added to the tax due for failure to pay the same when due. The rate of such penalty shall be the same as provided in Section 58 -587, Code of Virginia, 1950, as amended, for telephone and telegraph companies and as provided in Section 58 -614, Code of Virginia, 1950, as amended, for water or heat, light and power companies. (f) Interest. Simple interest on the amount of tax due plus penalty from the first day following the day such tax was due until paid. The rate 575 of such interest shall be the same as the rate provided in Section 58 -964, Code of Virginia, 1950, as amended. Sec. 9 -38 Reports to be Filed Each company liable for this tax shall report to the Commissioner of Revenue of the County of Frederick, Virginia, annually, on or before the 15th day of April its gross receipts derived from the County of Frederick for the preceding year. The report of any such company shall be signed and sworn to by the President or duly authorized officer of such company. Sec. 9 -39 Basis of Tax The tax imposed hereunder shall be based upon the gross receipts for the preceding year, assessed on the 1st day of January of each year but due and payable to the Treasurer of Frederick County, Virginia, on or before the 15th day of April following the date on which the taxes are assessed. Sec. 9 -40 Failure to Pay Any company failing to pay such taxes to the County Treasurer within the time herein prescribed shall incur a penalty and interest thereon which shall be added to the amount of taxes due and be collected as provided for by law. Sec. 9 -41 Failure to File A failure to file the report as required herein or the filing of a false report shall upon conviction subject such company to a fine of not more than Twenty -Five Dollars ($25.00), but each such failure, refusal, neglect or violation and each days continuance thereof shall constitute a separate offense. Sec. 9 -42 Effective Date This ordinance shall be effective on July 1, 1982. The report due and tax payable on or before April 15, 1983, shall be for gross receipts for the period July 1, 1982 through December 31, 1982. Reports due and taxes payable on or before April 15 for each year thereafter shall be for gross receipts for the entire preceding year. REQUEST FROM FORT COLLIER INDUSTRIAL ESTATES FOR SECTION OF BROOKE ROAD TO BE ACCEPTED INTO THE SECONDARY SYSTEM - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the following was approved: WHEREAS, The Virginia Department of Highways and Trans- portation and the Department of Planning and Development have reviewed the request by Fort Collier Industrial Estates and recommend the inclusion of 576 approximately .51 miles of Brooke Road extended from its intersection with Brooke Road to the Fort Collier property line, in the Stonewall Magisterial District, into the secondary road system pursuant to the provisions of the Code of Virginia, 1950, as amended; and, WHEREAS, This Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage. BE IT RESOLVED, That this Board does approve the request for inclusion into the secondary road system contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways and Transportation. REQUEST FROM J. P. DARLINGTON FOR PORTION OF BAKER LANE TO BE ACCEPTED INTO THE SECONDARY SYSTEM APPROVED Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the following resolution was approved: WHEREAS, The Virginia Department of Highways and Trans- portation and the Department of Planning and Development have reviewed the request by J. P. Darlington and recommend the inclusion of approximately .38 miles of Baker Lane extended from its intersection with Brooke Road to the Arcadia Mobile Home Park, in the Stonewall Magisterial District, into the secondary road system pursuant to the provisions of the Code of Virginia, 1950, as amended; and, WHEREAS, This Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage. BE IT RESOLVED, That this Board does approve the request for inclusion into the secondary road system contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways and Transporta- tion. ED TEMPORARY CLOSING OF ROUTE 692 - APPROVED Mr. Horne stated that the Virginia Department of Highways and Transpor- tation was requesting that Route 692 between Route 671 and the West Virginia line be closed temporarily for approximately one week to construct the new pipe overflow. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the request for the temporary closing of Route 692 was approved. 577 COMPREHENSIVE PLAN UPDATE Mr. Horne stated that in the quarterly report for the Department of Planning and Development, it was noted by the staff that the Planning Commission Subcommittee on Capital Improvements had completed the system for evaluation for capital improvement requests by County departments. The Subcommittee is now awaiting action by the Board of Supervisors on a series of fiscal and financial policies which will generate the projections for the amount of funds available for capital improvements over the life of the plan. The full Planning Commission, at the meeting on June 2, instructed the staff to draft a memorandum to the Board of Supervisors urging the inactment of these fiscal and financial policies. Without an indication from the Board of Supervisors as to the available funds for capital improvements, the Subcommittee and Planning Commission will be unable to realistically set priorities for capital improvements over the next six years. The Subcommittee would have no basis for knowing which projects were possible and during which years it could be funded. The Subcommittee is awaiting the action by the Board of Supervisors and when the Board has set fiscal and financial guidelines under which the Subcommittee can operate, they will be immediately setting up final interviews with County departments and agencies to rate and set priorities for capital improvements for the life of the Capital Improvements Plan. The Planning Commission would again like to urge that the Board of Supervisors take action at the earliest possible date on this important matter. Mr. Koontz asked if the Subcommittee was going to go to the Planning Commission first before talking about finances. Mr. Horne replied that not before the Committee talks about finances He stated that before any proposal comes before the Board for projects it will go to the Planning Commission for their review and endorsement. Mr. Stiles stated that the Subcommittee has reviewed everyone's request and that they can't make any recommendations until they know how much money is available. Mr. Koontz stated that they didn't want to tell them how much money is available until they give us a list of the projects. Mr. Stiles further stated that his perception was that when the Subcommittee makes its recommendations to the Planning Commission, the Planning Commission and the Board are going to hear a lot of complaints 578 stating that the various departments cannot live with the recommendations that they have presented. Mr. White stated that he had written a memo to Mr. Horne addressing the Capital Improvements Program and inasmuch as the Finance Committee had not been able to meet, he was providing a copy of this memo to the Board tonight for their review. Mr. Stiles stated that he could not vote on a matter as important as this on such short notice and that he felt the Board should have a recommendation from the Finance Committee. Mr. White stated that he was not asking the Board for any action on this at tonight's meeting. Mr. Stiles stated that he disagreed with this as he felt the Committee had to know how much money would be available and that Mr. White was asking the Board to make a recommendation with the most critical factor still up in the air. Mr. Koontz stated that the Board could not take any action on this matter at tonight's meeting. CODE AND ENGINEERING REPORT AND RECOMMENDATIONS Mr. Owings, Chairman, presented the following Code and Engineering Committee Report: Parking The Committee reviewed an informal proposal regarding the possibility of the County subsidizing parking spaces in the new parking garage for employees and blue tags. The consensus was that no subsidizing be under- taken at all. The proposal was referred to the Finance Committee for consideration. Mr. Stiles asked whose idea this was. Mr. Owings stated that he was not sure, that he understood a survey had been sent out from the County Administrator's Office and that the Committee was given the results without him knowing anything about it. Mr. White stated that the City had requested the number of County employees interested in parking in the garage. Various questions concerning this arose from the employees and thus the reason for the questionnaire. Mr. Smith requested that a copy of the questionnaire be given him when the Board retired into Executive Session later on in the meeting. 579 Mr. Baker requested that the last sentence of the above be deleted, that being, (The proposal was referred to the Finance Committee for consideration) . Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the above was approved as submitted. Department of Inspections The Committee reviewed the following information provided by the County Building Official: As of June 16, 1982, 103 backlogged permits have been cleared and finalized. An additional 31 have been addressed and are still open, either due to the project not being completed or personal contact has not yet been made with the permit holder. The Committee noted with pleasure the satis- factory progress. Cooperation from individual citizens has been excellent. One Inspector is assigned full -time to the project with daily assistance provided by the Field Inspectors as their inspection load permits. Mr. Stiles stated that he had the same reservations on this as discussed before. The Building Permit Guide is being revised but cannot be completed until after July 16 when the 1981 BOCA Code becomes law. The first quarterly newsletter to builders, contractors, and home- owners, etc., is being reviewed in house. It will be provided to the Committee for review and approval prior to distribution. The Committee noted that the 46th Annual Virginia Chapter meeting of the International Association of Electrical Inspectors was hosted by Frederick County on June 13 through 15 at the Lee Jackson. Attendance was good with representatives from throughout Virginia and neighboring States, such as Tennessee, Georgia, Massachusettes, Delaware, New Jersey, Illinois and Maryland. The "Quality of Services" questionnaire was discussed, including the cost of mailing. The Committee recommended that a copy without postage be provided to every new permit holder for the next six months. The consensus was that a questionnaire without postage would most probably result in responses from the extremes, i.e., those very pleased or those not pleased. Mr. Stiles stated that the Board had discussed for some time having the Building Inspectors do some zoning inspection field work. He stated that he would like to recommend in the strongest possible way, given current circumstances, that this be delayed and that any zoning inspection field work continue to be done by the Planning and Zoning staff. Mr. Horne stated that the Board had adopted a work program for the Planning Office and the Inspections Department. The transfer of limited responsibilities for routine zoning inspections out of the Planning Depart- ment into the Inspections Department was an intricate part of the work program which not only has an effect on the routine zoning administration, but that it has a dramatic effect on the ability to do long range planning. He stated that the Deputy Director is currently spending the majority of his time on day to day concerns and that he felt that if this action is taken, it will have a dramatic impact on the timetable of the Comprehensive Plan. Mr. Stiles stated that given the problems we have had and are continu- ing to have with the Inspections Department, that the worst thing they could do would be to expand their field of operation. Discussion followed as to whether this should go to the Planning Commission for their consideration. Mr. Stiles requested that this be delayed until the Planning Commission had had a chance to review it and that a full report would be given to the Board at the August 11 meeting. Mr. Stiles asked why the Design Review Specialist had been doing inspections. Mr. Harriman stated that he did not know the reason for this but that this was no longer being done. Solid Waste Management The Landfill fund projected deficit was discussed. The deficit was due to repair costs exceeding the amount projected at the beginning of fiscal 1982. A memorandum from the Finance Director was discussed indicating that a supplemental appropriation of $35,000 must be requested. If this request is approved, a second request must be made to advance the $35,000 from the general operating fund. It was also noted that a transfer of an additional $10,000 would be necessary in order to cover cash flow deficiencies. Figures representing actual repair cost for FY82 and anticipated repair cost for FY83 were discussed. The Committee recommended that the supplemental appropriation and advance of $35,000 be granted and passed to the Finance Committee for further action. Mr. Stiles stated that he felt this repayment should be budgeted as part of the money that comes from the rate that is paid by the users. 581 Mr. Harriman stated that if we maintain the present equipment and a projected fee of $6.50 across the board, that you would be seeing an operat- ing deficit of $40,000 above and beyond the $55,000. He stated that the budget he had prepared originally was the one that had projected lease purchasing three new pieces of equipment and with that agreement the County would see a profit at the end of next year above and beyond the pay back of $55,000. Mr. Stiles stated that he did not understand this. He stated that he is estimating $130,000 for repairs for next year and that he was saying that if we do that we will lose $40,000 and if we go back into the lease purchase we will not make money, but the monthly payments for lease purchase for each of these three pieces of equipment is $144,000, which puts us $14,000 further in the hole. Mr. Harriman stated that the sale of equipment is included in this figure. Mr. Stiles stated what is not considered is that if any maintenance and repair is needed on the new equipment that will be purchased. Mr. Harriman stated yes, that within that is $16,000 that addresses the contractors whomever they may be to provide maintenance and repair. He stated that with all the companies he had talked with a guarantee to a level of $15,000 for each piece of equipment over a five year period and anything in excess of $15,000, they will assume part of that. Mr. Stiles asked if this included the undercarriage, if it is torn up. Mr. Harriman stated that the undercarriage is one item in the lease purchase agreement that most companies won't address. Mr. Stiles stated that that is correct because the undercarriage will not last three years. Mr. Harriman stated that part of the maintenance program is adjusting the tension on the undercoverage on the tracks. Mr. Stiles stated that there is a substantial amount of equipment failure at the Landfill and to simply assume that we are going to get new toys to play with, that there will not be any failure, I don't buy it. Mr. Smith asked Mr. Harriman how he arrived at the $35,000 figure. Mr. Harriman stated that among other things were bills outstanding, ones that the County owes, anticipated bills that he expected to get prior to the end of the fiscal year, etc. Mr. Smith asked why Mr. Eddie Wright was not in attendance at this meeting in order that this might be discussed with him. Mr. Harriman stated that he had told Mr. Wright that it was not necessary for him to be in attendance. Mr. Stiles stated that any time the Board is discussing a situation that pertains to a particular department, the employee of that department was to be present at the meeting. This matter will be discussed later in the meeting under the Finance Committee recommendations. Mr. Stiles stated that he would still like to know what the Boards' pleasure was as far as to how this money would be repaid. Mr. Harriman stated that the repayment should come from fees. He further stated that he was not sure the Board could get the fee high enough and quickly enough to cover this expenditure and still cover the operating expenses. Mr. Owings stated that the fee should have been increased prior to this year which was not done and it has gradually built up to the point where this action must be taken at this time. It is recommended that the Landfill fee for FY83 (effective July 1, 1982) be increased to $7.00 /ton for all users except Winchester and Frederick County. The Winchester and Frederick County fee is to remain at $6.00 /ton. It was also recommended that this fee structure be reviewed in six months. The increase in fee is required to support the FY83 budget as approved. (This will be done under the Finance Committee recommendations.) The Committee reviewed the RFP and endorses the proposed collection system. The responses are due prior to Wednesday, June 23, 1982. Mr. Owings stated that there had been a misunderstanding concerning this. He stated that the Code and Engineering Committee felt that prior to any evaluation that the solid waste would be put out to bid and the Committee would receive the bids and at that time an evaluation would be asked for which was the most cost effective way for the County to go, but prior to any other action being taken letters were sent to five consulting firms and he had not seen the results from any of these letters. He further stated that he did not anticipate the Board taking any action on this tonight. Mr. Owings further stated that as far as he was concerned the system that was proposed by the Public Services Department should have been reviewed and a decision made by the Board as to whether or not this is the way the County wants to go and if so then the Board would decide if the system would be put out to bid or if it would be done in- house. Mr. Harriman stated that he felt there was a misunderstanding and the last time it was discussed by the Board he was under the impression that some of the numbers being discussed did not please some of the Board members. Mr. Stiles asked how much these bids had come in for. Mr. Harriman stated that he had received replies from three and one had called this date to say that he would not be bidding and one was to be delivered to his office tomorrow morning. He stated that the highest bid was for $4,000 and the lowest was $2,500. Mr. Stiles stated that he did not feel the County had any business being in the trash hauling business and further that the County had tried this before and had decided against it because of the headaches and he could not vote to pay a firm any amount of money to do an analysis to tell the Board whether or not they should do something when he was not in favor of it to start with. He stated that he felt a poll should be taken of the Board and see what the feelings are before we proceed with this project. He further stated that if this is to be put to bid on the system that is being proposed that we also ask any commercial operators if they want to bid it and if they are interested in submitting a bid on an alternative operation the County can then evaluate which one they think is the best proposal for the amount of money. He further stated that he is not interested in obtain- ing the services of any consultants on this matter. Mrs. Maddox stated that the Committee felt the Board was not pleased with the figures that the staff had given and therefore felt this should be done by a consultant. Mr. Koontz stated that he did not feel this could be voted on at tonight's meeting. Mr. Stiles stated that he felt the Board needed a worksession in order to discuss this further. Mr. Koontz stated that he would get with Mr. Harriman and set up a worksession with the Board in order to discuss this matter. FINANCE REPORT Mr. Baker presented the following memo from Jim Boyd: 5 81_ �. Since the Finance Committee was unable to meet prior to the Board of Supervisors' meeting to be held on June 23, 1982, the following items should be presented directly to the Board for their consideration on the 23rd of June. Code and Engineering Committee Recommendations Supplemental Appropriation The Frederick - Winchester Landfill Fund will require a supplemental appropriation in the amount of $35,000.00 in order that the Fund may meet its obligation to June 30, 1982. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the above was approved. Advance to the Frederick - Winchester Landfill Fund The Landfill Fund will require an advance from the General Operating Fund in the amount of $35,000.00 prior to June 30, 1982, in order that the Fund may meet its obligations. This advance along with the $20,000 advance from the fiscal year 1980 -81 is scheduled for repayment during the next fiscal year, contingent upon sale of old equipment and lease purchase of new equipment. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that the above be amended to read: The Landfill Fund will require an advance from the General Operating Fund in the amount of $35,000.00, prior to June 30, 1982, in order that the Fund may meet its obligations. This advance along with the $20,000.00 advance from the fiscal year 1980 -81 is scheduled for repayment during the next fiscal year and that the payback be incorporated over the next two year's Landfill rate. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the above was approved. Landfill Rate The Landfill rate must be set effective June 26, 1982. The Code and Engineering Committee has recommended a rate of $7.00 per ton for commercial and $6.00 per ton for the City of Winchester and Frederick County. This rate will be reviewed at the end of six months. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the above was unanimously approved. Year End Transfers 58 There are several year end transfers necessary to bring accounts into balance before the end of the fiscal year. Transfer to: 1208 - 3002 -00 Audit Costs $ 7,644.63 1224 - 5604 -35 Magna Carta Donation 2,500.00 2102 - 4001 -00 General District Court Data Process- ing Charges 543.00 2108 - 5411 -00 Books E Subscriptions Law Library 400.00 4104 - 7010 -00 Street Lights Installa- tion 1,602.00 5306 - 5805 -00 Property Tax Relief for Elderly 870.24 TOTAL $13,559.87 Transfer from: 2105- 3009 -01 Braddock House Expenses $ 2,000.00 3202 - 3009 -02 Central Dispatch 748.00 7302 - 5605 -04 Regional Library 6,000.00 9301- 5890 -00 Operational Transfers 4,811.87 TOTAL $13,559.87 (1) Audit Costs - Cost exceeded appropriations. (2) Magna Carta Donation - This donation was not budgeted at the beginning of the fiscal year. (3) General District Court - Additional appropriation required due to increase in data processing charges. (4) Law Library - Books and subscriptions underbudgeted. (5) Street Lights - Installation of street lights in Section III of Fredericktowne. (6) Property Tax Relief for Elderly - Underbudgeted. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the above was approved. Year End Transfers by County Administrator Since the Board of Supervisors will not meet during the month of July it is recommended that the County Administrator be granted authority to make any additional appropriation transfers necessary to balance account totals within the various funds for the fiscal year 1981 -82 with a copy of said transfers to be forwarded to all members of the Board. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Mr. Stiles requested that he be mailed a complete listing of these transfers during the past year. Request from School Board 586 The School Board Finance Committee will present a resolution passed by the School Board requesting the Board of Supervisors to make certain amend- ments and authorizations in relationship to the 1982 fiscal year School Budget. Mr. Lewis Costello, Mrs. Barbara Black and Mr. Don Perrault appeared before the Board on behalf of the School Board. Upon motion made by Kenneth Y. Stiles and seconded by David L. Smith, BE IT RESOLVED, that the Frederick County School Board requests of the Frederick County Board of Supervisors permission to amend the 1981 -82 operation budget to include additional State, Federal and other revenues and any other funds that have been allotted to the Frederick County School Board for the 1981 -82 fiscal year. BE IT FURTHER RESOLVED, that said funds to be expended will be available from Federal, State and other revenues and represent no additional burden upon the General Revenue Fund of the County of Frederick. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles. Nay - None. BE IT FURTHER RESOLVED, that the Frederick County School Board requests the Frederick County Board of Supervisors to authorize that any balance in the 1981 -82 school budget be transferred to the operational category, with maximum of $30,000.00, of the 1982 -83 School Board budget designating that any balance will be used first for the acquisition of two (2) additional buses and any balance after the bus purchase will be returned to the Construction Fund to restore the $18,000.00 that was advanced by the Board for repair of the cooling system at Ridge Campus. Upon motion made by William H. Baker, seconded by Will L. Owings, the above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles. Nay - None. Mr. Costello stated that the School Board had agreed to increase the textbook fees for summer school. He further stated that he would like to request that the Board of Superviosrs notify the School Board when they would like for the School Board to appear before the Board with the year end transfer figures. He further stated that Dr. Walker met with the Board of Supervisors in Reedsville at least once a month to answer the questions of the Board of Supervisors and he felt that he would want to do the same here. He further stated that it was the hope of the School Board that the working 587 relationship and credibility between the Board of Supervisors and the School Board would improve. The Board requested that the School Board provide them with the year end transfer figures prior to the beginning of a new School year. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344 (a)(1) to discuss Personnel matters. OARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. >n�4 pc Chai p an,, oar /�f r S ervisors � 1 Clerk, Board of S pervisors J J