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HomeMy WebLinkAboutFebruary 09, 1994 Regular Meeting 555 A Regular Meeting of the Frederick County Board of supervi- sors was held on February 9, 1994, 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Richard G. Dick, Chairman; W. Harrington Smith, Jr., Vice-Chairman; James L. Longerbeam; Robert M. Sager; Jimmie K. Ellington and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The Chairman requested a moment of silence in absence of the minister. ADOPTION OF AGENDA Mr. Riley requested the following items be added to the agenda: 1. Resolution approving Route 642 alignment. 2. Request from Page County requesting Frederick County endorse their resolution on behalf of Shenandoah Regional lab located within their county. 3. Endorsement of school textbook funding resolution as prepared by the school board. Mr. Dick requested an executive session. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the agenda was approved as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested that the following tabs be approved under the consent agenda: 1. Activity Report - January 16-31, 1994 - Tab F; 2. Law Enforcement and Courts Committee Report - Tab G. Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the consent agenda was approved as noted above by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye 556 James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. orndoff, Sr. - Aye CITIZEN COMMENT Mr. Kenneth Y. Stiles, Stonewall District, appeared before the board and presented them with an informational sheet con- taining figures etc., that he had compiled and he felt that perhaps this might be of assistance to the county in their meeting that was scheduled with the City of Winchester. Mr. Richard Crane, Stonewall District, appeared before the board to request on behalf of the Optimist Club of Winchester, Va., Inc. that the board of supervisors designate February 26, 1994 as Youth Appreciation Day and to recognize four youth selected by the Optimist Club as Frederick County's Outstanding Youth for 1994. Mr. Dick explained this would be done at the board meeting on February 23, 1994. MINUTES APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the regular meeting of January 12, 1994 were approved as presented by the following recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye JAMES L. LONGERBEAM: APPOINTED TO COUNTY FINANCE COMMITTEE Mr. Dick appointed board member James L. Longerbeam to the county finance committee. R. LEE TAYLOR REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD AS MEMBER-AT-LARGE Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., R. Lee Taylor was reappointed to the Historic Resources Advisory Board for a four year term, said term to commence on May 10, 1994 and terminate on May 10, 1998. The above motion was approved by the following recorded vote: Richard G. Dick - Aye 557 W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CHARLES S. DEHAVEN. JR. APPOINTED TO COUNTY PLANNING COMMISSION TO FILL UNEXPIRED TERM OF MANUEL DEHAVEN Mr. Orndoff stated that he would, at this time, like to thank Mr. Manuel DeHaven for his many contributions to the county while serving on the planning commission during the past twenty-two years. At this time he nominated Mr. Charles S. DeHaven, Jr. to fill this seat on the planning commission. His term will commence on February 12, 1994 and terminate on Febru- ary 12, 1996. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., Charles S. DeHaven, Jr. was appointed to the planning commission to fill the unexpired term of Manuel DeHaven by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye WILLIAM F. EDMONSON REAPPOINTED TO THE SANITATION AUTHORITY FROM OPEOUON DISTRICT Upon motion made by Robert M. Sager, seconded by James L. Longerbeam, William F. Edmonson was reappointed to the county Sanitation Authority from Opequon District for a four year term, said term to commence on April 15, 1994 and expire on April 15, 1998: The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION RE: APPLICATION APPLYING FOR VPSA SPRING SCHOOL BONDS - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the following VPSA resolution was approved by the following recorded vote: Richard G. Dick - Aye 558 w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY WITH RESPECT TO THE SALE OF $1,300,000 SCHOOL 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 $1,300,000 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 1994 Spring VPSA bond sale. 2. This resolution shall take effect immediately. Adopted by the Board of Supervisors of the County of Frederick, Virginia on February 9, 1994. RESOLUTION RE: ENABLING LEGISLATION FOR LOCAL ELECTIONS APPROVED RESOLUTION FOR ENABLING LEGISLATION FOR LOCAL ELECTIONS WHEREAS, the Code of Virginia, Section 24.2-600 provides for the enabling legislation for the conduct of local elections; and WHEREAS, it is the responsibility of local government in the Commonwealth of Virginia to facilitate and fund this process through local electoral Boards; and WHEREAS, on occasion political parties require primary elections to determine the candidates to represent the party in the next general election; and WHEREAS, political parties have the option of selecting a candidate at a general convention. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia that political parties be required to fund the election process for primaries rather than mandatory local political subdivisions funding same and that the Virginia General Assembly be requested to amend the Code of Virginia to require political parties in the Commonwealth of Virginia to provide funding for primary elections. BE IT FURTHER RESOLVED, that a true copy of this resolution be sent to the Frederick County delegation in the General Assembly, the Virginia Association of Counties, and the Virginia Municipal League requesting support of said action. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the above resolution was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye 559 James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION - ACOUISITION OF PROPERTY FOR ROUTE 642 REALIGN- MENT - APPROVED WHEREAS, The planned realignment of state Route 642 from and including it's intersection with State Route 647, east to State Route 522, has progressed to the point where design work is nearly finalized; and, WHEREAS, The Board of Supervisors has stated it's desire to acquire portions of the land needed for right-of-way for the realignment, which land is presently held by private landowners; and, WHEREAS, The Board of Supervisors desire to acquire this land in fee simple, through a amicable agreement with the current owners; NOW, THEREFORE, BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby authorize Supervisors smith and Sager, along with assistance of members of the County Planning staff, to negotiate for and/or accept on behalf of the County the necessary land. Upon motion made by Jimmie K. Ellington, seconded by James L. Longerbeam, the above resolution was approved by the follow- ing recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION IN SUPPORT OF REGIONAL LABORATORY - APPROVED WHEREAS, the Shenandoah Regional Microbiological Lab is a regional facility that serves over 23 counties and their munici- palities and has been doing so for over 60 years; and WHEREAS, Shenandoah Regional Microbiological Lab performed over 20,000 water tests in 1993 and whose responsibilities include running tests on many other health related samples including: dairy products, rabies, sexually transmitted diseas- es, viral rubella, and various other blood analyses for public health departments; and WHEREAS, other users of this service include the Virginia Department of Health, Department of Agriculture, Consumer Services, local health departments, regulated water works, hospitals, physicians, federal agencies, and private laborator- ies; and WHEREAS, Governor Wilder's proposed budget for 1994-96 includes cuts in various departments which will result in the closing of the Shenandoah Regional Lab on July 1, 1994; WHEREAS, the closing of said lab will create hardship on the users by requiring sampling to be sent to the Richmond Lab possibly resulting in samples arriving late and being rejected, increased shipping expense, delays in notification of contamina- tion, positive results on blood and rabies sampling which may require immediate notice or quarantining interest of public 560 safety, receiving notice of leaked TNTC and confluent growth same and confusion in general. WHEREAS, the closing of this would eliminate jobs for ten employees who presently work at this facility. NOW, THEREFORE, BE IT RESOLVED that the Frederick county Board of supervisors opposes the closing of Shenandoah Regional Microbiological Lab in Luray. BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick request that Governor Allen and the General Assembly take whatever action is necessary to keep the Shenandoah Regional Lab open in the best interest of public safety, within the localities served by it and the agencies to which it provides support. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the above resolution was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye TEXTBOOK RESOLUTION TO MEMBERS OF GENERAL ASSEMBLY - AP- PROVED WHEREAS, we acknowledge the importance of students having textbooks in our public schools; and WHEREAS, the cost of providing textbooks is a burden on local citizens; and WHEREAS, we believe the locality is in the best position to determine the priority of its budget expenditures; and WHEREAS, we believe mandates should be fully funded by the Commonwealth; THEREFORE, the Board of Supervisors of the County of Frederick, Virginia, supports only the full funding of any free textbook legislation by the Commonwealth of Virginia. RESOLVED, this 9th day of February, 1994. Upon motion made by Charles W. Orndoff, Sr., seconded by James L. Longerbeam, the above resolution was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS: Public Hearing: 1994-1995 CAPITAL IMPROVEMENTS PLAN - APPROVED 561 Mr. Kris Tierney, assistant planning director, presented this plan to the board. He explained that the proposed CIP contains 33 projects with a total cost of $88,043,151. This figure includes the estimated debt service on all projects except the County Offices, as the means of funding for this project is as yet undecided. The total does not include Sanita- tion Authority or Landfill projects which are paid for out of fees generated and are made a part of the CIP in the form of addendum. Of this amount, $55,699,712 would come from the County's General Fund over a five year period (not including debt service). As presently proposed projects scheduled in the first year (1994-95 fiscal year) would have a total County cost of $10,497,750 including estimated debt service for all projects with the exception of the County Offices. Mr. Kenneth Y. stiles, resident of stonewall District, appeared before the board stating that he was concerned about the need for a third high school being built in the county at this time. He explained that there would be 300 to 400 high school students above what current space would allow for, however he felt these students could be accommodated at the existing high schools and that the county would not go out and build a new high school just to accommodate these number of students. He feels the board needs to meet with the school board about this before any final decision is made. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the 1994-95 Capital Improvements Plan was approved as presented by the following recorded vote: The board members approved this with the understanding that changes can be made at a later date if they so desire. Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye LAW ENFORCEMENT AND COURTS COMMI'.M.'EE REPORT - APPROVED UNDER CONSENT AGENDA The Law Enforcement and Courts Committee met on February 3, 1994. Present were Richard G. Dick and Robert M. Sager, commit- tee members Larry P. Coverstone, James L. Hockman, and Donald Ratcliff; County Administrator John R. Riley, Jr., ; and Sheriff 562 Robert T. Williamson. Board member James L. Longerbeam was absent. At this time the committee reviewed Fiscal Year 1994-1995 budgets prepared by the Frederick County Sheriff's Department and endorsed the budgets as presented. BOARD COMMENTS Mr. Dick asked about the dumpster on Middle Road, as he feels there are a lot of problems at this particular site. Mr. Longerbeam replied that he has been discussing this with Ed strawsnyder. Mr. Dick asked whether or not a time frame had been estab- lished as to when a solution might be reached. Mr. Orndoff stated that the board has been looking for land in this area for a dumpster site since he has been on the board. Mr. Riley stated that if the land could not be obtained, then the site would be closed down. Mr. Dick stated that he felt 60 days would be long enough. Mr. Ellington stated that long before he became a board member he made a commitment to be out of town during the date of the next board meeting and he just wanted the board members to be aware of this. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the board retired into executive session in accordance with the Code of Virqinia, 1950, as amended, Section 2.1-344, Subsection A(3) and (7) to Discuss Acquisition and Disposition of Real Estate and Legal Matters. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board withdrew from executive session. This motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye 563 James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGUIJ\R SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD FINANCE COMMITTEE MEMBERS TO MEET WITH CITY FINANCE COMMITTEE MEMBERS Upon motion made by James L. Longerbeam, seconded by Jimmie K. Ellington, the board members serving on the county finance committee will meet with like members of the city to discuss city-county agreements. Once these have been discussed and agreed upon by the committee they are to be brought back to the full board for final approval. The above was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye At this time Mr. W. Harrington smith, Jr., moved for adjournment and Mr. Sager seconded. Mr. Riley reminded the board members that he was prepared at this time to go over the budget figures as they presently stand. FOLLOWING TIlE BUDGET DISCUSSION THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY _-:"" _c_.-...,.-.---...---c- -/ URNED. .---.,,-::-__ - ::c-:~