HomeMy WebLinkAboutJanuary 23, 1991 Regular Meeting153
A Regular Meeting of the Frederick County Board of Super-
visors was held on January 23, 1991, at 7:15 P.M., in the Board
of Supervisor's Meeting Room, Frederick County Courthouse,
Loudoun Street Mall, Winchester, Virginia.
PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes,
Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington
Smith, Jr. and Charles W. Orndoff, Sr.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by the Reverend Homer T.
Cornish of the Presbyterian Church of the Valleys.
ADOPTION OF AGENDA
Mr. Riley, County Administrator, requested the following
amendments:
1. Resolution for VPSA Bonds for Sherando High School be
moved forward on the Agenda;
2. Citizen Roger Koontz had requested to appear before
i 11 the Board;
3. Tab C should be omitted as this is a Court
appointment;
4. Two items pending before the General Assembly that he
would like to bring to the Board's attention.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the Agenda was adopted
as amended.
CONSENT AGENDA
There were no items for the Consent Agenda.
APPROVAL OF MINUTES
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the minutes of the
Regular Meeting of December 12, 1990 were approved as submitted.
Upon motion made by Dudley H. Rinker, seconded by W.
Harrington Smith, Jr. and passed unanimously, the minutes of thel
Special Meeting of December 21, 1990 were approved as submitted.
RESOLUTION RE: SPRING. 1991 VPSA BONDS FOR SHERANDO HIGH
SCHOOL - APPROVED
Mr. Tom Sullivan, Administrative Assistant to the Superin-
tendent, appeared before the Board in Mr. Malcolm's absence. Hel
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explained that at this time it appears there will be four
separate sales for this bond transaction. He further explained
that it appears it will be cheaper to build now rather than
later.
Upon motion made by Dudley H. Rinker and seconded by
Charles W. Orndoff, Sr., to approve the following two resolu-
tions pertaining to the VPSA Bonds:
WHEREAS, the Frederick County School Board and the Board of
Supervisors ( "Board ") of the County of Frederick, Virginia
( "County ") have determined that it is advisable to contract a
debt and issue general obligation bonds of the County in an
amount not to exceed $21,760,000 to finance certain capital
improvements for public school purposes ( "Bonds ") and to sell
the Bonds to the Virginia Public School Authority ( "VPSA");
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF FREDERICK, VIRGINIA:
1. The County Administrator is authorized and directed to
submit an application or applications to the VPSA in order to
sell the Bonds to the VPSA at the Spring 1991 VPSA bond financ-
ing or such subsequent VPSA bond financings as such officer may
determine to be in the best interest of the County.
2. All actions previously done or performed by the County
Administrator or any of the officers and agents of the County in
connection with the application or applications to the VPSA to
sell the Bonds to the VPSA are in all respects approved, rati-
fied and confirmed.
3. This resolution shall take effect immediately.
WHEREAS, the School Board for the County of Frederick on
the tenth day of January, 1991, passed a resolution and present-
ed it to this Board, requesting a loan from the Virginia Public
School Authority (VPSA) in the amount of $21,760,000.00 for the
construction of a new high school south of 277 in southern
Frederick County and other lesser capital projects. The loan is
to be paid in 20 annual installments, with the interest thereon
at a rate to be determined at the sale of the bonds.
RESOLVED, that the application of the County to the
Virginia Public School Authority for a loan of $21,760,000.00 is
hereby approved and authority hereby granted the said County
School Board to borrow the said amount for the purposes set out
in said application.
The Board of Supervisors for said County will each year
during the life of this loan, at the appropriate time, pay the
loan in annual installments and the interest thereon, as re-
quired by law regulating loans from the VPSA.
The above motion was passed by the following recorded vote:
Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker,
Roger L. Crosen and Charles W. Orndoff, Sr. Nay - W. Harrington
Smith, Jr.
S. ROGER KOONTZ ADDRESSED THE BOARD RE: REASSESSMENT
RECENTLY CONDUCTED BY THE COUNTY
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Mr. Koontz explained to the Board that his request to
appear before the Board was for a two -fold purpose: (1) To
either throw out or modify the recent reassessment and (2) The
Board to authorize that the assessment be extended to six years.
Mr. Koontz cited many areas of concern i.e., Assessors saying
every lot in the County perks, this is incorrect, and every lot
is being treated as a building lot. He further stated that
there are wide spread areas that are wrong with this assessment
and many County citizens for one reason or another who could not
contest this assessment. Mr. Koontz further stated that the
higher a locality assesses, the more the State says you can pay
toward education, and because this assessment is high, the
County will lose funds from the State. Mr. Koontz asked the
Board what they planned to do and informed them if some action
is not taken, then some legal action may follow.
Mr. Crosen stated that this process is a difficult task andl
at this point he felt nothing should be done as time is needed
to let the process work.
Mr. Koontz replied that if this increase had been a reason-
able one, then it would be acceptable, but it was not.
Mr. Riley explained that the reassessment is not over just
because the field work has been completed. There have been
problems but they needed to let the process work as it is
outlined by the Constitution and the laws of the State of
Virginia.
Mr. Stiles informed Mr. Koontz that the Board would hold a
public hearing at the James Wood High school Amherst Campus on
Wednesay, January 30, 1991 at 7:30 P.M. to receive public input
on the recent reassessment.
Mr. Koontz stated that at this time he would like to
address his second concern, that of building a new Administra-
tion Building.
Mr. Stiles replied that it was his understanding that Mr.
Koontz only wanted to address the reassessment and that the
Board would not address the construction of a County office
building at this time.
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PRESENTATION OF CERTIFICATES - APPROVED
Mr. Riley presented the following certificates:
4 -H Winners on the State Level:
Lori Orndorff
Marie Renner
Stacy Earhart
Upon motion made by Dudley H. Rinker, seconded by W.
Harrington Smith, Jr. and passed unanimously, certificates for
the above were approved.
BOARD ENDORSED CHAIRMAN'S TRIP TO RICHMOND TO SPEAK TO
GENERAL ASSEMBLY RE: COMPANION BILL THAT LIMITS THE
INCREASE IN ASSESSMENTS ON A PERSONAL RESIDENCE
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, to endorse the
Companion Bill and for the Board Chairman to travel to Richmond
to address the General Assembly concerning this Bill.
BOARD ENDORSED HOUSE BILL 1351
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, to endorse HB1351 which will
permit a temporary waiver of the Standards of Quality and the
Accreditation Standards for school divisions that can prove
severe financial hardship.
Mr. Malcolm, Superintendent of Schools, explained how this
Bill would effect Frederick County.
PARKS AND RECREATION COMMISSION REPORT
Mr. Dudley Rinker, Board Liaison on the Parks and Recrea-
tion Commission, presented the following report and stated that
no action was necessary:
The Parks and Recreation Commission met on January 10,
1991. Members present were: Carmen Rio, Donald Wilson, Carole
Ambrogi, Robert Roper, Dudley Rinker.
The following action was taken:
Fee Waiver for Blue Ridae Youth Soccer Association
Mr. Roper moved that the Department deduct, from the
Association's $7,000 donation, field use fees based on fees
established by the Department for the association, seconded by
Mr. Wilson, carried unanimously (4 -0).
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Election of Officers
Commission unanimously approved Mr. Rio as Chairman and Mr.
Roper as Vice Chairman. Commission will meet the third Tuesday
of each month at 7:00 P.M.
Company Picnic Policy Revision
Mr. Wilson moved to accept the revised Company Picnic
Policy, seconded by Mrs. Ambrogi, carried unanimously (4 -0).
PERSONNEL COMMITTEE REPORT
Mr. Crosen, member of the Personnel Committee, presented
the following report:
The Personnel Committee met on Wednesday, January 16, 1991,
with the following members present: Roger Crosen, Ralph Lewis,
Steve Owen and Ann Kelican. Robert Rhodes and James Longerbeam
were absent.
The Committee submits the following report and recommenda-
tions to the Board of Supervisors for consideration:
Personnel Policies - Approved
The Committee reviewed the revised Personnel Policies and
recommends approval of same effective February 1, 1991. It is
further recommended that the effective date of Section VIII,
Subsection 8.1, Hours of Work, be delayed until March 1, 1991 so
that adequate notice can be given to affected County employees.
(See Attachment A)
Upon motion made by Roger L. Crosen, seconded by Robert M.
Rhodes and passed unanimously, the above was approved.
Regional Jail Request for Funding for Two Positions -
Approved
The Committee reviewed the attached request for funding for
the remaining six months of FY 1990 -1991 for two positions at
the Regional Jail and recommends approval of same. Funds in the
amount of $21,159 (Salary $15,909 - Fringes $5,250) would be
internally transferred within the budget and operating contin-
gencies and assigned to the appropriate line items and paid 45%
by Frederick County, 45% by the City of Winchester, 10% by
Clarke County. (See Attachment B)
Upon motion made by Roger L. Crosen, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
158
Request for Classification of Cook Position at the Division
of Court Services - Approved
The Committee reviewed the attached request for classifica-
tion of a cook position at the Division of Court Services and
recommends approval of same. This position is currently budget-
ed and no additional funds are required. (See Attachment C)
Upon motion made by Roger L. Crosen, seconded by Robert M.
Rhodes and passed unanimously, the above was approved.
Request for Approval of Engineer Position - Approved
The Committee requests approval of a County Engineer
position as recommended by the Finance Committee. Please see
attached memo and job description. (See Attachment D)
Upon motion made by Roger L. Crosen, seconded by W.
Harrington Smith, Jr. and passed unanimously, the above was
approved.
Merit Evaluation - Director of Fire and Rescue Services -
To Be Done In Executive Session
The Committee reviewed the attached merit evaluation of the
Director of Fire and Rescue Services and recommends approval of
same as submitted. (Attached Under Separate Cover.)
This is to be done in Executive Session.
FINANCE COMMITTEE REPORT
Mr. Rhodes, Chairman of the Finance Committee, presented
the following report:
The Finance Committee met on Thursday, January 10, 1991.
The following agenda items require Board action:
Request from the Director of Planning for a General Fund
Supplemental Appropriation in the Amount of $4,129.00 -
Approved
The Director of Planning requests a General Fund supplemen-
tal appropriation of $4,129.00 for the purchase of ADP equipment
related to the house numbering system. See attached memo. The
Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
Amount of $8,000.00 - Approved
159
The Director of Court Services requests a Division of Court
Services appropriation transfer of $8,000.00. Funds to be
transferred from a personnel line item resignation (which is not
anticipated to be filled during the remainder of FY 1990- 1991).
Funds to be transferred to various line items. See attached
memo. No additional local funds are necessary. The Committee
recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
Request from the Superintendent of Parks for a General Fund
Supplemental Appropriation in the Amount of $10.047.52 -
Approved
The Superintendent of Parks requests a General Fund supple-
mental appropriation of $10,047.52 into line item
#7103- 7001 - 000 -000 Machinery and Equipment. Funds to come from
Carry Forward Impact Fees Back Creek District which were appro-
priated in 1990 but not fully used. The $10,047.52 will be used
to purchase the following playground equipment at the Gore
School: 2 basketball goals, court resurfacing (asphalt), 1 8'
11 slide, 1 18' geodesic climber, 1 swing set (6 seat), 1 buck -a-
bout (4 seat) and miscellaneous concrete to install equipment.
See attached memo. The Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
Request from the Commonwealth's Attorney for a General Fund
Supplemental Appropriation in the Amount of $2,195.00 -
Approved
The Commonwealth's Attorney requests a General Fund Supple-
mental Appropriation of $2,195.00 to purchase a copy machine
(line item #2201- 7002 - 000 -000). See attached memo. The
Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr. and passed unanimously, the above was
approved.
Mr. Crosen stated that he would like to make a statement
with regard to Finance and budget preparation that the County is
currently in, and the remarks that have been made concerning the
Board of Supervisors not raising taxes this year as this is an
160
election year. He stated that there is a more overriding factor
than this being an election year, and that being that this
County, along with the rest of the Country, is in an economic
recession and reasonable people would not look to raise taxes
during this type of economy. He stated that taxes were raised
during the last two years in order to meet the needs of the
County, and a lot of County residents called out for those
services, particularly in the area of education. He further
stated that during the last four years the Board has built three
elementary schools, athletic facilities at James Wood High
School Ridge Campus and are currently on the way to building a
new high school in the Southern end of the County, he did not
see how anyone could say this Board is not committed to educa-
tion. Mr. Crosen stated that the shortfall in funds for the
schools is due to the State and not Frederick County. He stated
that the fact that the suggestion had been made to take monies
from funds set aside for the construction of the County Admini-
stration Building is not good, it is like a savings account and
would only have to be replaced next year. He further stated
there was no mention of taking funds from what had been set
aside for outdoor athletic facilities at Ridge Campus to put
into the operational budget for education, for when this was
suggested, they rose up in arms.
Mr. Stiles concurred with Mr. Crosen's remarks. He stated
that the County made a commitment when they went into this
process of reassessment, that it would not be used as a back
door tax increase which has been done in the past in Frederick
County. He further stated that he also took exception about
remarks made about this being an election year, and he was more
concerned about those citizens that have been laid off.
Mr. Dwayne Bean, resident of Gainesboro District, stated
that he had a piece of property for sale last Fall, now the
realtor is telling him it can be sold for 25 -40% less than it
would have during that time.
SAM ENSOGNA ADDRESSED THE BOARD RE: DATES FOR PUBLIC
HEARINGS ON PROPOSED NEW COUNTY ADMINISTRATION BUILDING
161
Mr. Sam Ensogna, resident of Shawnee District, addressed
the Board with reference to the public hearings on the proposed
new County Administration Building.
It was noted that these dates have been scheduled for
February 11 and 12 at James Wood High School Amherst Campus and
Aylor Middle School.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by Robert M. Rhodes, seconded by Roger L.
Crosen and passed unanimously, the Board retired into Executive
Session in accordance with Virginia Code, 1950, as amended,
Section 2.1 -344, Subsection A (1) to discuss personnel matters.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the Board withdrew from Executive'
Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the Board reconvened into Regularl
Session.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, that nothing was discussed other
than what was noted in the request for an Executive Session.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT
WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
Cle k, and oT Su ervisors
162
A Special Meeting of the Frederick County Board of Supervi-
sors was held on January 28, 1991, at 1:30 p.m., in the Board of
Supervisor's Meeting Room, Frederick County Courthouse, Loudoun
Street Mall, Winchester, Virginia.
PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes,
Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; and W.
Harrington Smith, Jr. Mr. Charles W. Orndoff, Sr. was absent.
CALL TO ORDER
The Chairman called the meeting to order.
MOMENT OF SILENCE
The Chairman requested a moment of silence in absence of a
minister.
REQUEST FROM COUNTY ADMINISTRATOR JOHN R. RILEY, JR. TO THE
BOARD OF SUPERVISORS TO CONSIDER NOT BUILDING A NEW COUNTY
OFFICE BUILDING AT THIS TIME - APPROVED
County Administrator John R. Riley, Jr. presented a memo-
randum to the Board requesting that consideration for a new
County office building be dropped for an indefinite period of
time. The reasons for his request were as follows:
1. Uncertainty of expected revenues from the Commonwealth
to fund State programs. Further cuts may be announced
in basic aid to education which may warrant extreme
fiscal austerity.
2. Fiscal austerity with the general operating fund of
the proposed County budget would indicate we concen-
trate more fully on operational needs rather than
capital.
3. The general taxpayer concern over the general reas-
sessment of County real estate and including this
County office proposal with that issue.
4. The attempt by The Winchester Star to sensationalize
this proposal. The negative slant put on this propos-
al by the Star has seriously curtailed any objectivity
that could have been presented about this project.
Continued insistence by the Star that the decision to
relocate had already been made and the failure of the
Star to report all the alternatives explored by the
County seriously undermined the creditability of the
County's review process.
Upon motion made by W. Harrington Smith, Jr., seconded by
Dudley H. Rinker, the above request was approved by the follow-
ing vote:
Dudley H. Rinker - Aye
Roger L. Crosen - Aye
W. Harrington Smith, Jr. - Aye
Kenneth Y. Stiles - Aye
Robert M. Rhodes - Nay
163
The Board members made the following statements with regard
to this matter:
Mr. Crosen stated that the need for a new County office
building was not going to go away and the governing body of
Frederick County was going to have deal with it at some time in
the future. He went on to say he hoped some day the general
public will realize and support the need for a new County
administration building. He felt the biggest downside was, as a
governing body, they could only give pieces of information to
the public and, therefore, the public formed their own opinions
before they should have. The process the Board followed was
good for the County and the residents of Frederick County.
Mr. Smith stated that he felt the new County office build-
ing should be placed on the back burner right now because the
issue had become a "political football" and that it upset him
very much.
Mr. Rinker stated that it takes a lot to run a government.
As more requirements are mandated by the State, more positions
will be needed, more files will have to be maintained, more
equipment will be needed, etc., and the burden to the County
will have to be addressed at a future date but he seriously felt
the future date was now.
Mr. Rhodes stated that the current problems faced by this
Board were not caused by this Board. The jail and schools not
built by the previous Boards became the burden of this Board.
He also added he resented the statement made by The Winchester
Star regarding the County's neglect of the condition of the
current County office complex. Everything had been done to the
building that could be done without tearing into the structure.
He went on to say that the best process was followed to select a
new site and the Board did not ignore suggestions for a new
site. Bids were received and professionals were hired to help
select the best site in terms of the County's future needs
twenty -five to thirty years down the road. The site selected
was good and the price was good. If the Board delays this
project now, he felt the same thing will happen with regards to
164
what the former Boards did to Frederick County citizens and it
will put an extreme financial burden on the citizens twenty
years down the road.
Mr. Smith addressed the Board again and stated he has tried
to convey time after time the blame should be put on the
Commonwealth of Virginia regarding budget constraints. The
State wants the jurisdictions to pay for their programs and once
they do they will never relinquish them.
Mr. Stiles addressed the Board and stated that before this
Board took office, in the fall of 1982 the County's Finance
Director appeared before the Board and said the County was
having financial difficulties and if something wasn't done it
would be necessary for the County to borrow money the following
fall to pay operating expenses. Since 1983, the two Boards
consisting of Mr. Rhodes, Will Owings, Rhoda Maddox, Charles
orndoff, Jr., etc., have dealt with these problems. Three
elementary schools, an athletic field for James Wood, a regional
jail, two swimming pools, and an animal shelter have been built
along with the expansion of the Frederick County landfill and
significant upgrade of the airport. All this was done out of
current funds except for three schools and taxes are still the
lowest in this area. He further added the County has increased
local funds to the schools by 43 percent while enrollment has
increased by 8 percent. The County has proposed an increase of
$2.7 million for the schools at a time when the State is cutting
$1.4 million and for the newspapers to say local funds are being
cut is not true.
He also added that his biggest regret was the Board was
unable to get the message through with assistance of the press
to Frederick County citizens regarding the need for a new
facility but regardless of who is elected in November, a new
facility will be needed. He felt the atmosphere was so
poisonous the Board could no longer have a rationale and logical
discussion about the issue. He concurred with John Riley's
suggestion to remove and put aside the building project and deal
with it five or ten years in the future. The County would have
165
to get by until then with what they had and rent more space when
needed, and in five or ten years down the road the selection
process was not going to be any easier and it will cost more
money in the long run to the citizens of Frederick County. He
had no problem with a suggestion made by Roger Koontz to place
on the referendum within the next couple of years, a question
asking County residents if County offices should be located in
Frederick County. He felt this should have been done during Mr.
Koontz's term when the James Wood Ridge campus had such an
overflow of opposition. He felt at the beginning of this
project the hundreds of people he talked to, 80 - 90 percent
were in favor of Frederick county moving but they have changed
their mind because now is not the right time to do it. He
stated this issue was dead and should not be revived because it
was not possible to have a sensible discussion about the new
County Administration building at this time.
Mr. Rhodes addressed the Board again to add as Chairman of
the Finance Committee, he felt the proposed site should be
reviewed for possible school sites or school administration
needs. The price was too good to just let it go.
UPON NOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT
WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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Cldrt kof S pervisors