Loading...
March 22, 1989 Regular Meeting2i2 A Regular Meeting of the Frederick County Board of Super- visors was held on March 22, 1989, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, VA 22601. 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. BUDGET HEARING MOVED TO JAMES WOOD AMHERST CAMPUS Mr. Stiles stated that due to the large public turnout at this meeting, the public hearing on the budget would be moved to James Wood Amherst Campus and would start at 8:00 P.M. INVOCATION The invocation was delivered by the Reverend Paul Phillips of the Burnt Factory United Methodist Church. ADOPTION OF AGENDA Mr. Stiles stated that he had an item under "County Officials ". Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the Agenda was adopted as amend- ed. APPROVAL OF MINUTES Mr. Crosen stated that on Page 6 it should read "current" ordinance instead of "old" ordinance. Mr. Rinker requested that the discussion concerning his question to Mr. Edens as to whether the tenants would be made aware of the closeness of the lagoon to the apartment complex and Mr. Edens' reply that yes, they would be made aware of this fact, be made part of the minutes. The minutes of the Regular Meeting of February 22, 1989 were held until the next Board meeting until these corrections are made. INTMEN TO SHENANDOAH VALLEY INDEPENDENT LIVING APPOINTMENT TO THE PLANNING C OMMISSION FROM 213 IMPACT STATEMENTS WILL BE REQUIRED FOR ALL RE20NINGS Mr. Stiles Board. Upon motion Dudley H. Rinker requirements for is submitted was presented this information and request to the made by W. Harrington Smith, Jr., seconded by and passed unanimously, the following list of all rezonings at the time the rezoning request approved: Traffic impacts Sewage conveyance and treatment impacts Water supply impacts Education costs Parks and recreation costs Drainage facility impacts Emergency services costs Solid waste costs Environmental impacts Other fiscal impacts Historic impacts VIRGINIA MUNICIPAL LEAGUE'S POLICY COMMITTEE NOMINATIONS - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, John R. Riley, Jr., County Admini- strator, was appointed to serve on the Virginia Municipal League's Policy Committee to serve on the Effective Government Policy Committee; Stephen F. Owen, Assistant County Administrator, to serve on the Community and Economic Development Policy Committee and Robert W. Watkins, Planning and Development Director, to the Transportation Policy Committee. BUDGET REQUEST FROM THE SHERIFF FOR RESERVE PROGRAM - APPROVED Sheriff Sturdivant appeared before the Board and requested $15,647 to be used to purchase uniforms and equipment for the Reserve Program within his department. Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the above request was approved. CORRESPONDENCE FROM THE DEPARTMENT OF TRANSPORTATION RE: REVENUE SHARING PROGRAM - REFERRED TO THE COUNTY TRANSPORTATION COMMITTEE At the request of Chairman Stiles the correspondence from the Department of Transportation with reference to the Revenue Sharing Program was referred to the County Transportation Commit- 214 tee and this is to be done before the Preallocation Hearing on April 14. PUBLIC HEARING TO GUARANTEE A 50 FOOT RIGHT -OF -WAY APPROXIMATELY 1,200 TH Mr. Riley presented this request. It was noted that the wording should read "Guarantee" and not "Deed" as was stated in the Public Hearing Notice. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, to guarantee a 50 foot right -of- way approximately 1,200 feet in length from Frederick County to the Commonwealth of Virginia for the completion of an access road to the proposed swimming pool complex at Sherando Park. PLANNING COMMISSION BUSINESS PUBLIC HEARING ADOPTION OF THE SIX YEAR SECONDARY ROAD PLAN FOR FREDERICK COUNTY FOR 1989 -1990 - APPROVED Mr. Watkins, Planning and Development Director, presented the Six Year Plan to the Board. Mr. Jeff Kessler and Mr. Bill Bushman, of the Virginia Department of Transportation, were present. Mr. Crosen asked about Route 600 and whether the curve was being addressed. Mr. Kessler replied that it was. He further stated that Route 663 would be hardsurfaced before July 1 of this year. Mr. Robert Golightly, resident of Shawnee District living on Route 664, appeared before the Board to complain about the condition of Route 664 and further stated that when the Depart- ment of Transportation scrapes the road following a rainfall, they only made it worse. Mr. Stiles asked Mr. Kessler for the traffic count on this particular road. Mr. Kessler replied 53 per day in 1987. Mr. Golightly presented a petition to the Board with all homeowners' signatures requesting that improvements be made to this road. 215 Mr. Stiles asked Mr. Kessler what is the policy of the Department of Transportation concerning scraping secondary roads as he felt this had changed in the last two years and that it is totally unacceptable, and further that he has had numerous complaints about this and that changes were definitely needed as far as the maintenance on unpaved roads is concerned. Mr. Crosen asked Mr. Kessler whose decision it was to change the section of Route 600 that is being improved going back to Route 50 as the starting point rather than Route 679. Mr. Kessler stated that the Department of Transportation made this decision due to a bottleneck that would have occurred at Route 50 and this would also improve the intersection at this location, and the steep grade will also be addressed. Mr. Stiles asked if it was their intention to go North up to Route 522. Mr. Kessler replied that the Board would need this included on the Six Year Plan as it is not at this time. The Board concurred that this needed to be done. Upon motion made by Robert M. Rhodes, seconded by Charles W. Orndoff, Sr. and passed unanimously, the Six Year Secondary Road Plan for Frederick County for 1989 -1990 was approved. A copy is on file in the Office of the County Administra- tor. OTHER PLANNING ITEMS FINAL SUBDIVISION PLAT - KIMERLY G. HENRY - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Henry was present on behalf of his request. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, the final subdivision plat of Kimerly G. Henry was approved. FINAL SUBDIVISION PLAT - LENOIR CITY COMPANY OF VIRGINIA - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. No one was present on behalf of this request. 216 Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, the final subdivision plat of Lenoir City Company of Virginia was approved. FINAL SUBDIVISION PLAT - MARK JON TENENBAUM LAND - APPROVED Mr. Watkins presented this request and stated that the Plan -II ning Commission recommended approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the final subdivision plat of Mark Jon Tenenbaum Land was approved. RAIL ACCESS FUNDING FOR CENTURY GRAPHICS - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tion was approved: BE IT RESOLVED, The Virginia Department of Transporta- tion is hereby requested to provide Rail Access Funding to extend an access track to the Century Graphics Corporation site pursuant to Section 33.1- 221.1:1 of the Code of Virginia as amended. AND FURTHER BE IT RESOLVED, That the Board does guarantee the right -of -way for the proposed rail extension. COMMITTEE REPORTS FIRE AND RESCUE COMMITTEE REPORT Mr. Crosen, Board Liaison on the Fire and Rescue Committee, presented the following report and stated that it was for information only: The Fire and Rescue Committee met on Monday, February 20, 1989, at 7:30 P.M., in the Round Hill Volunteer Fire Company facility. All companies were represented. Also present were Board member Roger L. Crosen, Assistant County Administrator Stephen F. Owen, Emergency Services Coordinator Homer H. Sanders and Fire Marshall Douglas A. Kiracofe. The following items were discussed, however none require Board action at this time: Career Personnel The Committee voted 8 to 1, with one abstention, to advise the Board of Supervisors of their desire to not be consulted on the funding question in order to "get the fire companies out of politics ". 217 Emergency Services Budget The Committee voted unanimously to recommend that the hazardous materials response team and emergency communications bus projects be restored to the emergency services budget. Financial Disclosure Roger Crosen recommended that the companies have their books audited annually and then publish the audit for the public. He also noted that the County receives financial dis- closure data from all agencies that receive County donations, that the revised annual forms were an attempt to clarify expendi- ture categories, and that he would support scratching the month- ly financial reports in favor of a full, audited annual report. Emergency Services Coordinator's Report Homer Sanders reported that he and Doug Kiracofe had moved into their new office at 21 Court Square, the chlorine leak class had been scheduled, all companies must properly register their vehicles with DMV, and absorbent material has been ordered for the vehicle donated by Company 20. Fire Marshall's Report Doug Kiracofe reported that he had investigated nine wood stove fires in the past month, most of which were due to human error involving discarded ashes. PERSONNEL COMMITTEE REPORT Mr. Rhodes, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on March 15, 1989 with the following members present: Roger Crosen, James Longerbeam, John Riley, Steve Owen and Ann Kelican. The Committee submits the following report to the Board of Supervisors for consideration: Moonlighting Policy - Approved The Committee reviewed the attached moonlighting policy and submits same to the Board of Supervisors for consideration for inclusion in the County's Personnel Policies. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the above was approved. Reclassifications /Upgrades /New Positions - Tabled 21 8 The Committee reviewed the attached requests for position reclassifications, upgrades and new positions and submits same to the Board of Supervisors for consideration. Additional funds in the amount of $6,914 (salaries and fringes) would be needed in the FY 1989 -1990 Budget to fund these requests. It was the consensus of the Board to table the above item. The Board recessed at this time to the James Wood Amherst Campus for the public hearing on the 1989 -1990 budget. PUBLIC HEARING ON THE PROPOSED 1989 -1990 BUDGET Mr. Stiles explained the rules for a public hearing. The following citizens appeared before the Board to voice their opinion on the proposed County budget: Mr. Emmett Scothorn, from Opequon District, requested that the Board sharpen their pencils and reduce this budget by depart- ments and that he is not pleased with what development has done to the County and if the developers cannot pay their way then the development is not needed. Mr. Mike Noel, from Back Creek District, read from a pre- pared statement. He referred to what he considers an embarrass- ing public dialogue on education that is currently going on in Frederick County. He stated that he felt the most important responsibility that the Board members have is to make long term decisions with respect to education and he does not feel the Board is doing this and that the Board is manipulating figures on how much money is actually going to education. He referred to what the percentage was in 1980 and what percent is actually going to education now, he felt that it has decreased while other Counties have increased their local contributions percent wise. He addressed the rapport between the Board of Supervisors and the School Board and that Board of Supervisors members have stooped to public blackmail in his mind to achieve what they want. He further addressed the issue of State mandates and in his opinion the County would be in the educational dark ages if it had not been for these mandates. Mrs. Peggy Walk, from Shawnee District and legislative representative from Senseny Road School, referred to overcrowd- 219 ing at some of the schools and that good Teachers were leaving as they could not support their families on their salaries. She referred to the future of these students and just what is at stake if this budget is not funded as the School Board has requested and that the Board of Supervisors needs to be respons- ible and responsive to the needs of education in Frederick County. Mrs. Ruth Riemenschneider, from Stonewall District and representative on the Stonewall PTA, urged the Board to fund the School Board request as the Stonewall PTA felt these requests as submitted by the PTA are needed. Mrs. Mary Froehlich, Librarian, Frederick County Schools, stated that three Librarians are scheduled to be cut in the 1989 -1990 budget and she felt this should not be as there is a definite need for these Librarians within the School system and she too asked the Board to fund the School Board budget as was orginally requested. Mrs. Ellen Murphy, from Stonewall District, stated that as far as she is concerned education is the number one priority and that drug and law enforcement second and that growth should be the last thing considered as growth only helps a few where educa- tion benefits everyone. She urged the Board to reconsider any cuts to the School budget. Mrs. Martha Ritchie, from Opequon District, told the Board that they had a great responsibility to lead Frederick County in a very critical time of rapid growth and she also reminded them that they are public servants elected by the people with trust to represent them. She further stated that Frederick County should strive to provide the very best education possible for their children. She stated that she felt the School Board has done their job in presenting to the Board their needs in educa- tion and now she was asking the Board of Supervisors to fund these needs. Mrs. Stephanie Gregory, from Stonewall District, stated that the men and women serving on the School BOard are not to act as "yes men" and "yes women" to the Board of Supervisors and 220 that she feared the quality of life in Frederick County was being threatened by a handful of individuals whose motive is personal gain through real or imaginitive power. She encouraged the Board members to set aside partisan politics and to remember that they are elected to serve the best interest of the resi- dents of Frederick County. Mr. Steve Putnam, from Shawnee District, stated that having been a Board member he could appreciate the position the Board members were in but he could also appreciate the concern of the parents and their concerns about the twenty percent staff reduc- tion within the schools due to budget cuts. Mr. Steve Grant, Member of the Regional Vocational Advisory Council, thanked the Board of Supervisors and School Board for reaching a compromise which was an improvement over the first round of cuts but he was requesting that both Boards work harder on having the monies reinstated that were needed to fully fund the Vocational Department. Mr. Dwayne Bean, from Back Creek District, referred to the time that classes were held in the halls and auditorium at James Wood Amherst and he felt the School budget should be funded as presented. Mr. Perry Silva, from Opequon District and President of the County Firemen's Association, stated that he felt the Associa- tion's request in the County budget was reasonable and if there was any way the Board of Supervisors could fund the $75,000 prior to July 1 it would very much be appreciated. Mr. Ryan Stiles, from Stonewall District and student of James Wood High School, stated that he felt cooperation is need- ed between the School Board and the Board of Supervisors and the Board is in a no win situation, for if they give everyone what they are asking for, taxes will have to be raised and there are County citizens that do not want the taxes raised. Mrs. Flo Day, from Stonewall District, asked if there had been any discussion on businesses making donations to the School system. 2 2 Mr. Stiles replied that Potomac Edison had donated computer equipment. Mrs. Janie Tobin, from Shawnee District, asked about the funds that were turned back to the County at the end of the fiscal year. Mr. Stiles explained how these funds were used. Mrs. Tobin stated that from what she was able to determine it would appear to her that the School budget gave the appear- ance that it was going backwards instead of forwards. Mr. Kenny Siebert, from Back Creek District, stated that he moved here from Fairfax County and he could not understand where all the money was being spent and that he felt more attention should be redirected to elementary and secondary education. Mrs. Katie Pierce, from Shawnee District, asked why there were not more businesses in the County where County residents could shop, what did the County have as far as places of business to offer its citizens so all their money would not be spent in the City of Winchester. Mr. John Markwood, from Opequon District and representative on the PTO, stated that the PTO wanted to work with the Board of Supervisors and not fight with them as the future of the children was too important. Ms. Dawn Squires, resident of the City of Winchester, stated that she had moved here from Virginia Beach only to learn that her teaching position was one that was slated to be cut before the compromise was reached between the School Board and the Board of Supervisors and she was appreciative of that fact, and would like to request that the Board reconsider the School Board's request for funding. Mrs. Trish Grimes, from Shawnee District, stated that she was dissatisfied with the compromise and felt the original budget should be funded by the Board. She further stated that all the building that has gone on is to blame for this tax increase and that the Board of Supervisors should have seen this coming. 222 Mrs. Mae Wakeman, resident of Stephens City, explained that she felt County departments needed to be more cost conscious as taxes are high enough at this point. Mr. Bill Walsh, from Shawnee District, asked about carry- over funds within the General Fund and what is being done with these funds. Mr. Stiles replied yes, there would be funds remaining in some of the budgets and they would be used for capitol expendi- tures, etc. Mr. Paul Phillips, from Shawnee District, referred to some of the .requests made by the Board of Education such as a parking lot being resurfaced, is this really necessary and how many other items do they have in the budget that may not be neces- sary. Mrs. Ynez Hetland, from Shawnee District, stated that she did not feel that money was always the answer in solving budget problems and perhaps that was the situation with the School Board budget, perhaps the area of management needed to be looked into. Ms. Patricia Rotz, from Back Creek District and Teacher at Indian Hollow Elementary School, explained, in her opinion, the Schools would be lost without the PTO's as they provided a great deal, not only to the students, but also the faculty. Mrs. Fran Jefffies, Chairman of the Frederick County Educa- tion Association and faculty member, asked the Board to be will- ing to go the other step as the County can't keep riding along on the minimum and to make education their priority. Mr. Roger Koontz, from Gainesboro District, stated that he felt the message that was being brought to the Board of Super- visors at tonight's meeting was very clear and that message is that growth in Frederick County has got to stop. He further stated that growth has to be controlled, that it has to be balanced out. He further stated that no School Board members should be threatened just because they are doing their job as a School Board member and presenting the School budget as they feel it should be presented and endorsing same. 223 Mr. Bill Jeunette, from Back Creek District, stated that he was a firm believer in education and that funds have to be spent on primary and secondary education and not so much emphasis put on college. Mr. Robert Whitacre, Presi =lent of Round Hill Fire Company, Back Creek District, asked the Board to please consider funding the requests of the Fire Departments as Round Hill does not have anyone on call during the days and this is not a good situation. Ms. Alice Cooper, from Shawnee District, stated that she lives in Lakeside Estates and that says it all. She stated that children were standing in ailes on the buses which should not be but this was just another sign of overcrowding in some of the schools. She further stated that the growth needs to be stoped and the money put where it is needed and this is in education. Ms. Cathy Kelly, from Gainesboro District, stated she could see all sides as far as budget requests as she is a Teacher and her husband a Deputy as well as a Fireman so she knew their needs also. Sheriff Charles Sturdivant explained that he needed more money for staff, not only Road Deputies but also Correctional Officers at the Jail. He asked where the monies received from the State Lottery were being spent and if there was any chance that the County might receive any of this money. Mrs. Lauwana Bohrer, from Gainesboro District, endorsed funding the needs of the Sheriff's Department. Mr. Stiles, in closing, stated that with regard to all the building that was currently going on, it is being done on land that was rezoned between 1970 and 1973 and the Board has no legal right to deny these requests, however as of July 1 those that profit from this building will also help bear the cost. He further stated that he would like to assure everyone present that the Board is for education and is committed to effective law enforcement and emergency services but that all of this has to be at a cost the citizens of the County can afford. Mr. Smith stated that he felt law enforcement needed to catch up. He further stated that as far as he is concerned that 224 Nancy Walsh, the School Board appointee from Shawnee District, will remain in this position if she is willing to continue serv- ing. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WA$ ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. C rman, Bo rd of Supervisors C , rd of Su ervisors