HomeMy WebLinkAboutFebruary 09, 1994 Regular Meeting
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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
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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
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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
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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
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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
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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
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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
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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
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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
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