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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 154 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 155 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. 156 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). 157 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. QIV-1 9 v' Cldrt kof S pervisors