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October 13, 1982 Regular Meeting676 A Regular Meeting of the Frederick County Board of Supervisors was held on October 13, 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; David L. Smith and Kenneth Y. Stiles. Absent - William H. Baker. CALL TO ORDER The Chairman called the meeting to order. Mr. Stiles requested that prior to the start of the meeting a moment of silence be observed by those present in memory of Mr. Bart Harper who passed away this date. He further stated that Mr. Harper was an outstanding citizen and that he did not know of anyone that had done more for the citizens of Frederick County than Mr. Harper. The Board concurred with Mr. Stiles's request. INVOCATION The invocation was delivered by the Reverend Emerson Smith of the Highland Memorial Presbyterian Church. ADOPTION OF AGENDA Mr. Stiles stated that there were several items under "County Officials" that had been given out prior to the start of the meeting. He further stated that he felt the Rhinehart matter should be discussed under "Planning Commission Business ". Mr. Koontz stated that it was his understanding that this was to be in Executive Session. Mr. Stiles stated that he was not sure the Board could legally go into Executive Session to discuss this matter. Mrs. Maddox stated this was the first time that she had seen the information, therefore she did not feet she was in a position to discuss it at tonight's meeting. Mr. Koontz stated that since this is in Mr. Baker's District and he is not present to discuss it, it will be tabled until the next Board Meeting. The Board concurred with this suggestion. APPROVAL OF MINUTES Mrs. Maddox questioned the word "funds" as used in the resolution with reference to the Highway Department and access funds for the access road to the Winchester City Airport. Mr. Horne is to check on this. 677 Mr. Horne stated that this wording is correct, that these are funds earmarked for access roads and cannot be used for anything else. Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, that the minutes of the Regular Meeting of August 25, 1982, the Regular Meeting of September 8, 1982 and the Special Meeting with the City Council and County Planning Commission of September 13, 1982, be approved. COUNTY OFFICIALS OFFICIALS FROM SHENANDOAH AREA AGENCY ON AGING ADDRESS THE BOARD Ills. Margaret Rowe, Dr. Muriel Brown and Mr. Leon Vaughn, Acting Director, appeared before the Board. Ms. Rowe gave a brief report on the surplus the Agency presently has stating that a portion of this would be used to purchase two new mini -buses and also to increase the services that they are presently providing. Mr. Stiles stated that the Agency had gone through some very difficult times during the last few months and that he felt the Agency deserved a lot of credit. LONG TERM CARE SERVICES Mr. Vaughn stated that the Area Agency on Aging would be coordinating the Long Term Care Services and that no additional funds would be involved in this coordination. Mr. Stiles requested that the Board be kept abreast of the status of this program. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, that the Long Term Care Services will be coordinated by the Shenandoah Area Agency on Aging. BUDGET APPROPRIATION TRANSFERS - TABLED Due to the absence of the Finance Director and inasmuch as these transfers have not been approved by the Finance Committee, the list of appropriation transfers were referred to the Finance Committee for their recommendation. LETTERHEAD FOR COUNTY STATIONERY - APPROVED Mr. Horne presented this request. Mr. Stiles requested that the Board Member's names and Districts be added. Mrs. Maddox stated that she preferred the square letters rather than those that were being used on the sample. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that the Letterhead as presented by Mr. Horne, be used on all County stationery for the Offices within the County Administration Building. PAUL RICHARDS REAPPOINTED AS COUNTY ROAD VIEWER FROM BACK CREEK MAGISTERIAL DISTRICT - _AP PROVED Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, that Mr. Paul Richards be reappointed to serve as a County Road Viewer from Back Creek Magisterial District. ELMER LAUCK REAPPOINTED AS COUNTY ROAD VIEWER FROM GAI NESBORO MAGISTERIAL DISTRICT - APPROVED Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles an passed unanimously, that Mr. Elmer Lauck be reappointed to serve as a County Road Viewer from Gainesboro Magisterial District. Mr. Stiles, Mr. Owings and Mr. Smith stated that they would have their appointments at the Board Meeting of October 27. BOARD APPROVES REGIONAL SEWER PLANT Mr. Koontz stated that the Board had a resolution that was being presented, and if passed by the Board, would allow the design stage of the Regional Plant to begin. Mr. Smith discussed with Mr. Wellington Jones and Mr. Ken Snow the bottom line figures for this Plant. Mr. Jones stated that the total cost would be $20,972,500.00 with the local share being $5,243,125.00. Mr. Owings asked if the cost of land purchase was included in the twenty million dollar figure. Mr. Jones replied no, that the land purchase is figured at $300,000.00. Mr. Owings stated that he would like to know why the Board had not been given the complete and full cost of this project. Mr. Stiles stated that he would like to point out that no allowance has i -- been added for inflation to the figures being used. He requested that the Frederick - Winchester Service Authority provide the Board with a listing of the difference between the Value Engineering Study and the Optimization Study. It was his understanding that this matter would be locked in and any variation needs would come before the governing bodies before any changes 679 are made. Mr. Stiles further stated that the figures reflect a substantial savings in funds through the Sanitation Authority over what is included in the Optimization Study and he would like for the minutes to show what these savings are. Mr. Stiles further stated that when this process was first started in 1974, and if the City and County had gone on with the project using their own funds, the Plant would be operating now and done for less cost than the County's 25% share when the Plant is eventually built. He stated that he would like to point out that no one in Frederick County should be deceived that this is going to be a very expensive proposition for those people on water and sewer in Frederick County. He stated that he did not like that any better than anyone else and probably a lot less than most. He further stated that he still had some reservations about the advisa- bility of this course as far as the approach to a Regional Plant but he was convinced that the alternatives available to the County are potentially even more expensive. He further stated that it needed to be very plain that the i present County Plant was constructed as an interim Plant with the agreement j that it would be used for that purpose and that the County is currently i under a consent order with the State Water Control Board to that effect. If the County were not to proceed in this fashion the State Water Control Board made it fairly plain, at least to him, that they would proceed to do exactly i what they said they would do. It may very well be that the Board could deflect the State Water Control Board from doing that, but should the County proceed in that course, the County would effectively be betting three or four million dollars of the publics money that the State Water Control Board wouldn't do what they said they were going to do, and he was not willing to take that gamble. He further stated that given the fact, as far as he was concerned, the County does not have any choice other than a Regional Plant, and the proposal, that has been worked out by the Joint Committee between the City and County, represents the best approach for all people concerned within the limits of which is possible. Mr. Lehman referred to difference in the amount that was first discussed as the cost of the Plant and the amount that is being given now after the Ad -Hoc Committee made their recommendations. Mr. Stiles stated that he felt it was possible that given five more years of operation at the Abrams Creek Plant by the Sanitation Authority that those rates may increase enough in five years by the time the transfer is made that there would not be a substantial difference in rates between 0 the two. He stated that he wasn't bringing this in the way of good news but in the way of news that he suspected that the Sanitation Authority is going to be forced to substantially raise its rates over the next several years. Mr. Jones agreed with this statement saying that the rate increase last year was 33% and the staff has proposed a 5% increase this year with a 50 the following year and a 5% the following year. Mr. Koontz stated that he felt the bottom line was that the County would like not to treat sewer at all, but it has to be done and he felt the County was doing it at the lease possible cost in order to get it done. Mr. Stiles stated that he felt a point needed to be brought out that Mr. Diehl had made at the Committee level, and that is that Frederick County is not in the sewer business because it wants to be in the sewer business, and further there are areas in Frederick County that simply could not exist without sewer service and it is entirely likely because of that, Frederick County was forced into the sewer business before it had a customer base to justify the cost, but that is where the County is now. Mr. Koontz stated that buying a small portion of this Regional Plant is absolutely the cheapest way that the Committee or anyone else could come up with to get sewer in Frederick County treated as we have to do according to Law. Mr. Smith stated that he felt there were so many ifs, ands, and buts and contingencies and things that could come up between now and at the end of construction. He stated that the Board was putting a whole lot of faith in an Optimization Study that they didn't know how correct things are, and by the time this thing goes on line that the people out in Shawnee District and the other people that will be using this plant could be paying water and sewer bills of $250 to $300 every two months, and he did 't think that is beyond comprehension. Mr. Koontz stated that there are places in the country now that the people are already paying $200 to $300 a month for water and sewer. Mr. Smith stated that he agreed and there are places in the country that are paying twice the tax rate that they are but he didn't want Frederick County to become one of them. He stated that it was very hard for him to decide on a matter when he could not see the end of it. He further stated that the million dollars that had to be paid back, as well as the escalation of the construction cost, between now and then, and the uncertainity of interest rates and the possibilities of overage of construc- tion, all of these will be directly reflected right back in that $1.28 figure to take care of the capital cost of the project. Mr. Stiles stated that he contends to agree with everything that Mr. Smith said, but the problem is if the County is forced to upgrade the exist- ing Plant everything he says applies to that process also. He stated that in spite of all the reservations that he has and has had he's convinced that all the County can do is give it their best shot based on the information that they have been given. He further stated that three different firms had assessed the Regional Plant versus upgrading the existing system and all three have said that the Regional Plant is the cheapest way to go. Mr. Stiles further stated that two streams within the County would greatly benefit from this Regional Plant and that he did not feel a dollar mark could be put on this. He further stated that he felt the County had resolved questions and difficulties on the general issue of the City provid- ing service to customers in the County was of overwhelming importance and benefit to the people of Frederick County. He stated that he felt that that is the one thing that has made him consider this matter and support it in the end. Mr. Smith stated that the things that would cause him to vote in favor of this as the resolution states with those conditions would be: 1. The fact that the Plant will be moved out of the residential area which has been a problem. 2. The double billing would be eliminated. 3. The uncertainty of the cost of upgrading the County existing Plant. He stated that either way it is risky and he would like to go on record saying that he felt the Value Engineering Study should be used as much as possible and when they reach 50% design he did not want Camp Dresser Mckee to come back and say it is already designed and what you say at this point can't be used because they have already put time and hours into the Plant, he did not want to see this happen. He stated that at the same time he did not want to see any hidden cost come up and that is a stupid statement because they will. He stated that he was just scared to death of this thing because they might be looking at the same situation with this sewage plant that they saw at the James Wood High School with the extras and the overages and the bottom line result was a tremendous tax increase to the people of Frederick County. 682 Upon motion made by Kenneth Y. Stiles and seconded by David L. Smith, the following resolution was approved: BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does hereby accept and approve the following condi- tions to permit the Frederick - Winchester Service Authority to proceed with the design of a new wastewater treatment facility: 1. FWSA is continued and maintained as a policy making body. 2. FWSA will contract all regional WWTP construction responsibilities to others. 3. FWSA will contract all regional WWTP operational responsibilities to the City. 4. FWSA membership will be increased to seven (7), with the addition of one (1) elected official from each jurisdiction. 5. The City and County agree that the FWSA will charge each jurisdic- tion the same wholesale rate based on flows for capital and operational costs. 6. The City will charge County residents on the City system the same sewer rate as City residents pay. 7. All provisions in the 1974 Concurrent Resolution forming the FWSA that deal with water service, including the provision that the City sell its water supply system (Section 4 -2), be repealed. This includes Addendum #1 dated February, 1980. 8. The City will extend wholesale water agreements with the Frederick County Sanitation Authority for nine (9) years until the year 2000. 9. The County agrees that the City may continue to charge County residents on the City's water system 150% of City -user rate; and the City agrees the County -user rate will not exceed 150% of the City water rate. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, David L. Smith and Kennet Y. Stiles. William H. Baker was absent. Upon motion made by Kenneth Y. Stiles and seconded by David L. Smith, the following resolution was approved: BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does hereby concur with the findings of the "Optimization Phase Report for Wastewater Treatment Alternatives" that a single Regional Wastewater Treatment Facility provides the most effective means of providing wastewater treatment for the Opequon Creek watershed and hereby approves said Optimization Report; and, BE IT FURTHER RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does hereby express its desire that the Frederick - Winchester Service Authority proceed with the design of a Regional Wastewater Facility to be located at the confluence of Abrams and Opequon Creeks. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles. William H. Baker was absent. Mr. Stiles stated that he would like to address number 4 of the agreement and to nominate Mr. Smith to represent the Board on the Frederick- Winchester Service Authority. Mr. Koontz stated that the Board would take this under advisement. The Board recessed for ten minutes. PLANNING COMMISSION BUSINESS REQUEST BY FORT COLLIER INDUSTRIAL ESTATE ACCESS FUNDING - APPROVED OR INDUSTRIAL Mr. Horne stated that he had received a letter from Mr. Fred Stine requesting approval from the Board of Supervisors for the use of Industrial Access Funds through the Virginia Department of Highways and Transportation for the construction of a small section of road to serve a new industry locating in the County. He further stated that the Planning Commission had approved a site plan for this construction which would include a roadway to serve that industrial site. Mrs. Maddox questioned as to why the Highway Department felt this was so important when she had so many roads in her District that needed atten- tion. Mr. Stiles stated that because the General Assembly states this is how these funds will be used. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the following resolution was approved: WHEREAS, the Board of Supervisors has received a request from Fort Collier Industrial Estates on behalf of ACF Industries and Shockey Realty Company for approval of the use of Industrial Access Funds for the construc- tion of approximately 895 feet of access road; and WHEREAS, the Board of Supervisors guarantees the Virginia Department of Highways and Transportation unobstructed 50 foot right -of -way and guarantees that any utility relocations or extensions will not be at the expense of the Industrial Access Fund. THEREFORE, BE IT RESOLVED, That the Board of Supervisors 681 -i of the County of Frederick, Virginia, hereby requests that the Virginia Department of Highways and Transportation use Industrial Access Funds for the construction of the above referenced access road. REQUESTED WORKSESSION WITH PLANNING COMMISSION AND BOARD TO DISCUSS COMPREHENSIVE PLAN - APPROVED The Board will meet in a worksession with the Planning Commission on October 26, 1982, at 7:00 P.M., in the Board of Supervisors' Meeting Room. REQUEST BY REYNOLDS STORE FIRE COMPANY FOR IMPACT FUNDS - APPROVED Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, that $1,200.00 in impact funds, as recommended by the Frederick County Parks and Recreation Commission, for purchase of a backstop by the Reynolds Store Fire Company be approved. The Parks and Recreation Department will in no way be responsible for any insurance coverage related to this facility or its scheduled activities. RESOLUTION HONORING ROY E. MCDONAL - APPROVED Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles, the following resolution was approved: (Mr. Baker was absent.) WHEREAS, Roy Ed McDonald is a 4 -H Member in Frederick County and; WHEREAS, he placed second in the State of Virginia with his Agriculture Achievement Record Book in a contest held in August, 1982 and as a result will be attending the Commodity Marketing Symposium in Chicago in April of 1983 and; WHEREAS, this achievement has brought honor and credit to himself, his parents and to his community. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors do hereby express its congratulations to Roy Ed McDonald for his outstanding achievement. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mr. McDonald. RESOLVED this 13th day of October, 1982. S. Roger Koontz, Chairman Rhoda W. Maddox Will L. Owings, Vice- Chairman William H. Baker ATTEST: David L. Smith Kenneth Y. Stiles Carol T. Bayliss, Deputy Clerk Board of Supervisors 68!D Mr. Stiles requested that a resolution be drawn up to honor his niece who had received second place in the United States in a 4 -H Dairy Judging Contest in Wisconsin. The Board concurred with Mr. Stiles's request. CODE AND ENGINEERING COMMITTEE REPORT AND RECOMMENDATIONS Mr. Owings presented the following Committee report: The Code and Engineering Committee met on October 6, 1982 with all members present. Also present were: John Dennison, Eddie Wright and Mr. Marshall Williams of Williams Waste and Trash Collection Service. The Committee makes the following report: The Committee considered a request by the Shawnee Ruritan Club to distribute discarded wooden pallets (located at the Landfill) to needy individuals within the community. The Committe agreed to the request. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above request was approved. The Committee considered a request by Judge Woltz concerning the provi- sion of free parking for the County jurors. The procedure utilized by the City was concurred with and the request will be passed to the Finance Committee for their review and recommendation prior to coming to the Board. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above recommendation was approved. A request from the Frederick County Sanitation Authority (FCSA) to dispose of dried sludge at the Landfill was discussed. The sludge is non- hazardous, odorless and will not pose a public threat. It will amount to about 100 cubic yards annually. The sludge will be mixed with our cover material. It is recommended that this request be approved by the Board. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above recommendation was approved. The Inspections Department presented an administrative change to their procedures that would reduce the field inspectors' workload. The Committee concurred with the change in procedure. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above was approved. Attached for your information is the final form of the Inspection letter that was accepted earlier by the Board. 680 Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, to insert, (to renew your permit at no additional cost), in the Inspection letter. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the above amendment was approved. The Inspections Department's backlog status was presented. Of the original 860 permits, 368 have been cleared and closed; 259 have been updated and are now a part of the active file. BOARD AUTHORIZES REPAIR OF 955L CATERPILLAR TRACTOR Mr. Harriman stated that he had been contacted by Virginia Tractor and they had informed him that the 955L tractor has a noise in the transmission. He further stated that the repair bill as quoted by Virginia Tractor for the transmission would be approximately $5,000 and that he felt the repairs should be made now rather than gamble and not have it repaired at this time. The Board felt the tractor would be no good to the County unless it is properly repaired. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, that the Virginia Tractor Company be instructed to repair the transmission on the 955L Caterpillar Tractor. PERSONNEL COMMITTEE REPORT AND RECOMMENDATIONS Mr. Smith, in absence of the Chairman, Mr. Baker, presented the following Committee report: The Personnel Committee met on October 5, 1982 and reviewed applica- tions for the County Administrator position. Approximately 75 applications were received. These applications were prescreened to determine which ones most closely conformed to the qualifications for this position. The Committee then reviewed the top twenty applications and chose 5 whom they feel are most qualified and 2 additional ones whom they feel could be candidates for consideration by the Board of Supervisors. The Committee recommends that these applications be reviewed by the Board in Executive Session and appointments scheduled with those candidates the Board wishes to interview. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox passed unanimously, the Board retired into Executive Session in accordance with Virginia Code Section 2.1 -344, Subsection (a) (1) and (6) to discuss Legal and Personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, the Board reconvened into Regular Session. FOUR CANDIDATES TO BE INTERVIEWED FOR COUNTY ADMINISTRATOR POSITION Mr. Koontz stated that the Board had selected four candidates to be interviewed for the County Administrator position. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. T Chairman, oard of uperviso s Z ,'L �J' &C1 I Deputy Clerk, Board of Supervisors