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September 08, 1982 Regular Meeting63'/' A Regular Meeting of the Frederick County Board of Supervisors was held on September 8, 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; Rhoda W. Maddox and Kenneth Y. Stiles. Absent - William H. Baker and David L. Smith. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Peter Ford, Chaplain of the Winchester Memorial Hospital and Reverend of the Quaker Church. ADOPTION OF AGENDA Mr. Stiles stated that he had an item under County Officials. Mr. Owings stated that he also had an item under County Officials and a legal matter for Executive Session. He requested that the Executive Session be held prior to the worksession on the Landfill. Mr. Owings also requested an addition to the Finance Committee Report. Mr. Koontz stated that he had an update on the dam project at Sherando Park prior to Executive Session. AN ORDINANCE TO PROVIDE FOR THE PUBLIC SALE OF UNCLAIMED PERSONAL PROPERTY IN THE POSSESSION OF FREDERICK COUNTY LAW ENFORCEMENT AGENCIES - APPROVED Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles ands passed unanimously, the following ordinance was approved: SECTION I. Definitions. For the purposes of this Ordinance, the following words and terms shall have meanings respectively ascribed to them by this section: Notice to Owner A reasonable attempt by the Sheriff, or his duly authorized agent, to the rightful owner of unclaimed personal property that the Sheriffs Department is in possession of such property and that same may be reclaimed by such owner. Notice of Sale A notice, published once a week for two (2) successive weeks in a newspaper or general circulation in this locality, that there will be a public sale of unclaimed personal property, pursuant to this ordinance, generally describing such property and stating the date, time and place of such sale. 638 Unclaimed Personal Property Any personal property belonging to another which has been acquired by a Law Enforcement Officer pursuant to his duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner for a period in excess of sixty (60) days, and which the State Treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (Code of Va., Section 55- 2101.1, et. seq.). SECTION 11. Any and all unclaimed personal property may be sold by the Sheriff, or his duly authorized agent, at public sale, provided that such Officer has given Notice to Owner and Notice of Sale and has obtained a statement in writing from the Commonwealth's Attorney that such unclaimed personal property is not needed in any criminal prosecution. Public Sale shall be held on the date and time and at the place as set forth in such Notice of Sale. SECTION II From the proceeds of such sale, the Officer conducting same shall pay the costs of advertisement, removal, storage, investigation as to ownership and liens, and notice of sale, and shall hold the balance of such funds for the owner and pay same to such owner, upon satisfactory proof of ownership, if claimed by such owner within sixty (60) days from the date of sale. If no claim has been made by the owner for the proceeds of such sale within sixty (60) days from the date of sale, the remaining funds shall be deposited in the General Fund for the County. SECTION IV. Any such owner shall be entitled to apply to the County within three (3) years from the date of the sale, and if timely application is made therefor, the County shall pay the remaining proceeds of the sale to the owner without interest or other charges. No claim shall be made nor any suit, action, or proceeding be instituted for the recovery of such funds after three (3) years from the date of the sale. SECTION V. Should any section of this ordinance be decided to be invalid or uncon- stitutional such decision shall not affect the validity or constitutionality of any other section of this ordinance. SECTION VI. 639 This ordinance shall be in full force and effect this 8th day of October, 1982, upon enactment by the Board of Supervisors of Frederick County, Virginia. COUNTY OFFICIALS Mr. Stiles stated that he had a name to place in nomination for the citizen position on the Personnel Committee. Mr. Koontz requested that this be discussed in Executive Session. The Board concurred. DISCUSSION OF CAPITAL IMPROVEMENTS PLAN The Board discussed the memo sent to them from John Horne giving an update on the Capital Improvements Plan and they felt this should go to the Finance Committee for their recommendations before coming to the Board. Mr. Stiles stated that the Capital Improvements Committee unanimously endorsed this going to the Finance Committee for their recommendations. He further stated that these priorities are listed 1 through 28 regardless of the County's ability to pay for them; it could mean however, that number 18 on the list might end up as the first project to be funded depending upon the amount of funds available. He further stated that the Joint Judicial Center and the Regional Sewer Plant was not included in this list. Mr. Stiles stated that this will be going to the Finance Committee at their meeting on September 14, 1982. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. Owings presented the following Finance Committee Report in the absence of William Baker: The Finance Committee met on August 26, 1982 with all members present. The Committee makes the following report and recommendations: Counter in Treasurer's Office A discussion was held with the Treasurer and the Information Services Director concerning the renovation of the counter in the Treasurer's Office to accommodate three computer terminals. The layout presented by Helen Locke was approved by the Committee and the Treasurer was instructed to seek quotations on the necessary work to be done. Land Use Revalidation A revalidation fee on applications for land use tax deferral was discussed. In vew of the fact that the revalidation fee would have to be established by ordinance and the notices are scheduled to be mailed in 640 September, it was the consensus of the Committee that the revalidation fee not be imposed this year. Business License Tax The Finance Director reported that the State license fees on businesses have been repealed effective January 1, 1983. The Finance Director was requested to contact the Commissioner of the Revenue and request a list of County businesses by type of business and their gross sales. The Finance Director was asked to determine the amount of merchants capital that would be lost and to research the State Code to determine the type of ordinance necessary for enactment of a County business license fee. Reassessment The Finance Director reported to the Committee that the next real estate reassessment is due by January 1, 1985 unless a two year extension is requested from the State. The Finance Director was requested to contact the Commissioner of the Revenue and request that bids be received on performing the reassessment. If the County decides not to seek an extension, a firm would have to be engaged prior to July 1, 1983. Data Processing Security The Committee was presented a request from the Public Services Director that $855.00 be transferred from the Reserve for Contingency account to permit installation of a security system in the Data Processing Department. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the above was approved. Insurance Renewals The Committee discussed a request from the Finance Director that the current agents providing General Liability, Fire Excess Liability and Motor Vehicle insurance coverages seek quotations from several companies and the Finance Director be authorized to secure insurance coverage based on the lowest quotations submitted. The Committee recommends approval of this request. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the above was approved. Lord Fairfax Soil and Water Conservation District - Request for Funds The Committee discussed a request from the above referenced organiza- tion for an additional $100.00 appropriation to aid in funding several new 641 conservation projects in Frederick County. The Committee recommends that the request be approved and that $100.00 be transferred from the Reserve for Contingency account. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the above request was approved. Quarterly Report of Finance Department The Committee noted the quarterly report for the Finance Department. Mr. Stiles requested that all the Department Heads submit a quarterly report at the second meeting of the month following a quarter. He requested that Court Services, the Sheriff's Department and Extension Department be included along with the Department Heads. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, that the Department Heads, as well as Court Services, Sheriff's Department and the Extension Department, submit quarterly reports to the Board. Year End Finance Report The Committee reviewed the year end report presented by the Finance Director. The Finance Director pointed out that the County had a net operating gain of $75,628 for the last fiscal year, that projected sales tax revenues could be short by $160,000 during the fiscal year 1982 -83 unless the economy picks up and that there is a possible requirement to provide $85,000 for design work on the regional sewer plant. Mr. Boyd stated that he had stayed with the State estimates when doing his figuring and he should not have. Mr. Stiles stated that he would like to suggest that when the Finance Committee reviews the first quarter figures that these figures be given to the Board at that time. Mr. Boyd stated that the Committee had also suggested that Mr. Boyd use his figures next year rather than those from the State. Appropriation Transfers The Committee reviewed a list of appropriation transfers for the fiscal year 81 -82. Request for Carry Forward Funds The Committee reviewed requests for 81 -82 General Operating Fund appropriations in the amount of $107,786.88 to be carried foward for use in 82 -83. It was also requested that $2,379.57 be carried forward for use in the Northwest Regional Jail Fund and that the $2,000.00 carried forward for 642 Unemployment Compensation be allowed to earn interest. The Committee recommends that the following appropriations be carried forward for use in 1982 -83 and the $2,000.00 carried forward in the Northwest Regional Jail Fund for Unemployment Compensation earn interest at the same rate applied to Parks and Recreation donations: General Operating Fund Clerk of the Circuit Court: For repair of copier $ 519.95 Treasurer: Safe for office 1,800.00 Finance Department: Training on word processor for two employees 600.00 Information Services Department: Remainder of contract with Sperry Univac 3,194.00 Phone installation posting error 461.00 Purchase of backup packs and diskettes 1,500.00 Public Services Department: Update of sites, fences and access roads 10,000.00 Sheriff: Identification kit 400.00 Camera to photograph prints 603.00 Parks and Recreation: Complete 81 -82 contract with Winchester Officials Association 5,709.00 Fencing to secure the comfort station at Clearbrook Park 1,075.00 Gate at the front entrance of Clearbrook Park 1,591.00 Total General Operating Fund $27,452.95 Northwest Regional Jail Fund: Unemployment Compensation $ 2,000.00 Matrons shoe allowance 250.00 Leg Irons 129.57 Total N. W. Regional Jail Fund $ 2,379.57 Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the above request was approved. Budget Adjustment The Committee discussed a request from the Sheriff to adjust the 82 -83 budget to reflect $1,500.00 in donations received to upgrade the police firing range. It is recommended that this request be approved. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above request was approved. Meeting to Discuss CIP Priority List The Committee set their next meeting date at 7:00 P.M. on September 14, 1982 to discuss the CIP Priority List. Permanent Meeting Date 643 The Committee established a permanent meeting date of the first Monday of each month at 7 :00 P.M. APPROPRIATION TRANSFER /BUDGET ADJUSTMENT It is requested that the Board of Supervisors consider the following requests: Appropriation Transfers Parks and Recreation request to transfer $300.00 to fund the training of one person on the Lanier word processor. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the above request was approved. Budget Adjustment Parks and Recreation request to appropriate $2,400.00 for the construc- tion of a shelter at Sherando Park. Funds were received during last fiscal year from the Winchester Moose Lodge. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above request was approved. Public Services Director requests budget adjustment in the amount of $224.93 to replace broken windshield. Funds have been received from insurance company. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above request was approved. It was noted that the above transfer request and budget adjustments require no additional funds and were recommended for approval. CODE AND ENGINEERING COMMITTEE REPORT AND RECOMMENDATIONS Mr. Owings presented the following Code and Engineering Committee Report: The Code and Engineering Committee met on September 1, 1982 with all members present. Also present was Eddie Wright. The Committee makes the following report and recommendations: Landfill On August 24, representatives from Clarke County, Frederick County and the City of Winchester met to discuss the Frederick- Winchester Sanitary Landfill. Financial data was presented and discussed. The consensus was that the Landfill be self- sustaining through Landfill fees and that the fees be increased on a semi- annual basis. Additionally, the group felt that the present contract be renegotiated and executed on the first of the new fiscal 644 year. The urgency of the requirement for a new Landfill site was discussed. Landfill Hours of Operation In order to minimize extra hours required by Landfill employees, it is recommended that the Board establish new Monday through Friday hours of operation: 7:30 A.M. - Scales and Gate Open; 4:30 P.M. - Scales and Gate Closed. Cover operations would continue through to 5:00 P.M. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the above request was approved. Holiday operations were discussed. It is suggested to compensate those required to work holidays, approximately 4 hours, at a time and a half rate. This suggestion will be passed to the Personnel Committee. Parking The parking problem for transient blue tag County vehicles was discussed again and the following recommendations are made: a. Remove all parking meters on the Plaza. b. Designate 13 spaces on Rouss Avenue and on the Plaza as "Official County Vehicles ". c. Designate remaining non - assigned spaces as "County Business - 30 minutes ". Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above request was approved. I nspections Due to the reduction in the secretarial staff of the Inspections Department, it is recommended that the hours of permit issuing be modified to 8:00 A.M. to 4:00 P.M. instead of the current 8:00 A.M. to 5:00 P.M. The office would be without secretarial help from 4 :00 P.M. to 5:00 P.M., but manned so that technical questions would /could be answered. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above request was approved. PERSONNEL COMMITTEE REPORT AND RECOMMENDATIONS - TABLED In view of the fact that the two Board members on the Personnel I Committee, Mr. William Baker and Mr. David Smith, were absent, the Personnel Committee Report and Recommendations were tabled. SHERANDO DAM GROUTING PROJECT - APPROVED Mr. Cheely appeared before the Board on behalf of this request. Mr. Stiles asked Mr. Cheely if he was satisfied with the work that had been done. 645 Mr. Cheely replied yes. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, that the grouting of the Sherando Dam in the amount of $2,291.74 be approved. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344 A (6) to discuss Legal matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Rhoda W. Maddox, seconded by Will L. Owings and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Rhoda W. Maddox, seconded by Will L. Owings and passed unanimously, the Board reconvened into Regular Session. MR. STILES, MR. SMITH, MRS. MADDOX AND MR. KOONTZ TO SERVE ON COUNTY AD -HOC COMMITTEE FOR DISCUSSION OF REGIONAL SEWER PLANT Mr. Koontz stated that Mrs. Maddox, Mr. Stiles, Mr. Smith and himself would serve on an Ad -Hoc County Committee to work with the City on discus- sion of a Joint Regional Plant. He further stated that the County would ask for an extension of time until the first meeting of each governing body in October. He further stated that he would like to request that the City consider turning over to the Frederick County Sanitation Authority all County connections of customers now purchasing water and sewer from the City. He further stated that this would reduce each County bill in the regional authority about $10.00, yet it would only cost City customers about 40�. Mr. Koontz further stated that regional sites, etc. had been discussed with Legal Counsel. He further stated that this was not a Board request but his request that the Board consider the above items. DISCUSSION OF COUNTY LANDFILL Mr. Harriman and Mr. Eddie Wright appeared before the Board to answer questions concerning the County Landfill. Mr. Harriman referred to the data that had been given to the Board on August 20. The data covered the equip- ment at the Landfill, the repair bills for this equipment and what new equipment would need to be purchased. The various options available to the Board were outlined in this report. INAM Mr. Stiles asked if $67,000.00 is being set aside for the purchase of a new Landfill site in this plan being presented. Mr. Harriman stated that is correct. Mr. Stiles asked if the carriage on the loader had been fixed. Mr. Wright stated that if the carriage is not fixed now then there is a very good possibility of causing damage to the tractor. The Board discussed the euipment presently at the Landfill and how long would it be before this equipment would have to be replaced and the cost involved in doing this. The Board also discussed with Mr. Harriman and Mr. Wright the current status of the Landfill and how much longer the Landfill could last at its present location. Mr. Harriman stated that if they could work around a rock revene it would probably last for another two to three years and if another revene could be opened then the County could possibly have five years at the present site. Discussion followed concerning suitable sites within the County for future Landfills. Mr. Harriman stated that he had drafted a letter to be sent to the State requesting their assistance in giving the life expectancy of the present Landfill as well as other suitable sites within the County for a future Landfill. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, that the Board authorize Mr. Harriman to do the follow- ing: 1. Dispose of the 250 piece of equipment. 2. Get the 955 out of the shop. 3. Increase Landfill rates beginning January 1, 1983. 4. Approve operating budget of $444,440.00. Mr. Stiles stated that he realized that the Landfill rates needed to be raised but that he also felt that cost containment at the Landfill was very important and that the County could not continue to raise rates just to meet these costs. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. rmhi,/Board of Supervisbrs'' Deputy Clerk, Board of Supervisors