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HomeMy WebLinkAboutJune 21, 1994 Special Meeting 668 A Special Meeting of the Frederick County Board of supervi- sors was held on June 21, 1994, at 6:00 P.M., at Sherando High School Auditorium, Stephens City, 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. APPROVAL OF MINUTES Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the minutes of the special meeting of May 18, 1994 were approved as submitted by the following record- ed 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 Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the regular meeting of May 25, 1994 were approved as submitted 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 Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the reconvened meeting of May 26, 1994 were approved as submitted 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 DON EDWARDS APPOINTED TO COUNTY SCHOOL BOARD FROM SHAWNEE DISTRICT Mr. Dick stated that he was not completely satisfied with the nominees from Shawnee District. He further stated that in August of 1991 he ran as a very independent Democrat for the Chairman of the Board of Supervisors, and a week ago this date 669 there was an election, a democratic primary, he chose not to participate in that, and at this time he believes he will elect to do the same thing with regard to this appointment. He did not feel he could vote against Mr. Edwards, he did not want to, and he was not sure he could vote for Mrs. Walsh based on the budget era and so forth during the past, therefore he would only vote in the event that his vote would render a tie vote and the process would have to start over. At this time the Chairman called for the board members to vote, either for Mr. Edwards or Mrs. Walsh. Richard G. Dick - Abstained W. Harrington smith, Jr. - Mr. Edwards James L. Longerbeam - Mr. Edwards Robert M. Sager - Mrs. Walsh Jimmie K. Ellington - Mr. Edwards Charles W. Orndoff, Sr. - Mr. Edwards The following votes were cast for Mr. Larry Van Hoose for the Back Creek seat on the county school board. 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: PEACH CROP LOSS - APPROVED WHEREAS, Frederick County, virginia is Virginia's largest peach producing county with 650 acres of peach orchards provid- ing an annual income of approximately $900,000.00, and WHEREAS, during the months of January and February, 1994 unusually cold weather resulted in a 100% loss to the area peach crop, and WHEREAS, approximately 19 producers depend on the peach crop as a substantial portion of their income and the monetary loss inflicted upon them severely limits their capabilities to run viable agricultural enterprises, NOW THEREFORE BE IT RESOLVED, that the Frederick county board of Supervisors declared a state of emergency in Frederick County on June 21, 1994 and the Honorable George Allen, Governor of the Commonwealth, is petitioned by the board of supervisors to declare that an emergency exists in Frederick County and the Governor is further petitioned to request the President of the united States or the Secretary of Agriculture to recognize the county emergency situation and make the federal farmer emergency program available to those who need them in Frederick County. Adopted by the Board of Supervisors of Frederick county, virginia on the 21st day of June, 1994. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the above resolution was approved by the following recorded vote: 670 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 MASTER DEVELOPMENT PLAN LAKEFRONT APARTMENTS - PULLED- TO BE ADDED TO BOARD AGENDA OF JULY 13. 1994 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 Virginia, 1950, as amended, Section 2.1-344, Subsection A (3) to discuss Acquisi- tion and Disposition of Real Estate 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. 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 RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., 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 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 671 UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. PUBLIC MEETING TO RECEIVE PUBLIC INPUT ON MOVING COUNTY OFFICES TO THE COUNTY Mr. Dick thanked everyone for coming to the meeting. He referred to earlier meetings that had been held in reference to the possibility of county offices being moved to the county. At this time Mr. Riley presented a slide presentation of the overall condition of the present county offices, as well as the various options that had been presented as being available to the county, in an effort to relocate the present county offices. Mr. DiCk explained that board members were present to receive input from county citizens with regard to the future location of the county offices. He further explained that everyone present that would like to address the board would be heard, however he did request that the time be held to three minutes if possible. He explained that the Letter of Intent received recently from O'Sullivan Company would be reviewed by the board members and they will have until June 24 to study this proposal, at which time it will be sent to Larry Ambrogi, county attorney, as well as Richard Cranwell the county's attorney for annexation, and it will be made available to the public some- where around June 27. The following county citizens appeared before the board concerning the issue of county offices and their future loca- tion: Roaer Koontz, Gainesboro District, thanked the board of supervisors for having this meeting and he had several questions that he would like to ask. When would O'Sullivan Letter of Intent be made available to the public? He felt the buildings at 9 Court Square should never have been allowed to get in the condition of disrepair that they are currently in. Does not agree that the present school administration building staff should be moved to the county administration building in order for that building to be turned back into an elementary school. 672 Does not agree with amount of space that county says they need for offices. Feels residents should have some say in how their tax dollars are being spent. Does not agree with separation of city and county. Feels this whole issue needs to be relooked at. Charles Pierce, Gainesboro District, has no financial interest in downtown winchester, but does not feel county offices should be moved out of the city of Winchester. Marv Lou Koontz, Gainesboro District, read a letter from a member of their group, We Care, who could not be present. Letter spoke of concerns, mostly of hazardous nature, of what could happen if the county offices were moved to the Westview site located on Route 50 East. w. F. "Klink" Klinksiek, Gainesboro District, had 20-25 questions that he would like to leave with the board members to answer and return to him at a later date. He knows the board can continue without a referendum, however he does feel a "straw" vote should be taken on this issue. Mr. Larry Ambrogi, county attorney, explained what the state code says with regard to the question of referendum and an opinion that was rendered in 1988. section 24.1-165 of the Code of Virqinia does not provide for this issue to be put to refer- endum. Mr. Klinksiek does not feel this should be taken off the tax rolls and this would be the case if it is to be an industri- al park. Mr. Dick explained that this is a business park and not an industrial park. He further explained that with regard to economic development 49% comes from retail in the City of Winchester, while less than 10% from Frederick County. He feels the county needs to concentrate on their tax base. Mr. Longerbeam explained why the 20 acres was chosen. He stated that in the year 2005 most of the growth is predicted to be East of 1-81. 673 Victoria Pacelli, new resident of the area, and she likes the area just the way it is. She too feels there should be a vote on this issue by county residents. Irva Crowder, Gainesboro District, asked why westview is once again being considered as it was just three years ago that the citizens and board of supervisors discussed this same site. She also addressed the lease fees of this proposed building, did not feel they were appropriate. Russ Fowler, Gainesboro District, referred to letter of intent from O'Sullivan, feels this should have been made public prior to this meeting. Mr. Longerbeam explained that there were no surprises in the letter of intent from O'Sullivan. Mr. Fowler asked each board member if they had to vote at this meeting, how would they vote. Dick Referendum - Yes westview - No Longerbeam - Referendum - No (feels nothing can be achieved by going to referendum. westview - Yes, only option at this time. Sager - Referendum - Yes, if it can legally be placed on ballot. Westview - Yes, but would keep an open mind if other sites would become available. Orndoff - Referendum - Did not feel there was enough available time. westview - Feels this is the best deal. smith - Referendum - Would support only if it is legal. westview - Feels this is a good business deal. Ellington - Referendum - Is in favor of referendum. westview - Is willing to look at what city has to offer. Mr. Fowler stated that he felt it was difficult to discuss the Letter of Intent from O'Sullivan when the public had not seen it. He further addressed the lease agreement that had been presented to the county, wondered why the county would not rather build their own building. He asked the board members if it bothered them that they would be tenants of O'Sullivans. 674 Tom Sullivan, Stonewall District, addressed the cost of the building and what the total cost figures would be at the end of twenty years. He further addressed the area of ADA stating that it was his understanding, after speaking with ADA officials, that we would not have to build new buildings in order to comply with ADA. He asked how the school administration officials felt about being moved from their present location. Kirbv Brown, Gainesboro District, does not agree with some of the figures that Mr. Riley used, feels the city and county have both failed with this project and it concerned him as to how the citizens were being affected by this whole situation. Mr. Dick explained to Mr. Brown how this situation got to the point where it currently is as far as the county and city is concerned, and also spelled out the threats that had been made by Mayor Gary Chrisman about the current agreements that involve both the city and county. Mr. Brown asked Mr. Riley about the procedures the county would have to follow in order to borrow funds as well as O'Sullivans plans for borrowing for this project. Mr. Riley explained the rules as they apply to the county for borrowing any funds. Mr. Ellington noted that he had received several calls from his constituents, and the majority of them did not want the offices moved to Westview. Darrell Grim, Back Creek District, asked what the board's feelings would be if the group of citizens working to keep the county downtown could come up with a proposal as good or similar to what O'Sullivan had presented. Mr. Longerbeam explained that regardless of what this group presented, it would have to be signed off on by the City of Winchester as this group had no powers as far as the city is concerned. Stephen spaid, Gainesboro, had signed up, but elected not to speak. Emil Miller, stonewall District, feels this situation has come to the point were everyone is at each others throats. He - " 675 understands that the county should soon be receiving some type of proposal from the city. Feels representation from the people are necessary in this issue. Donald w. Luttrell, Gainesboro, feels the City of Winchester will always be the center for Frederick County. He does not feel the parking lot in front of the judicial center should be built on as has been proposed. He noted that Dominion Bank building is for sale which could be used by the treasurer as it has the needed drive-in windows. Feels old Penney's building needs to be torn down. Sam Lehman, Back Creek, does not agree with statement that center of population will be east of Winchester, feels it will be to the west of Winchester, and he does not feel that the board or planning department can predict what the census figures will be. He does not agree with the opinion given by Larry Ambrogi concerning the referendum, feels the board is trying to work around what the state code says concerning when it is necessary for the county to have a referendum. J. William Brumback, stated that his questions had already been answered. Kenneth Y. stiles, stonewall, referred to five previous board chairmans and the fact that it has never been easy working with the City of Winchester. He does not feel keeping the county offices downtown will make any difference as far as the economics of the downtown area. He asked why the citizens of the county should support the economics of the City of Winchester while letting the county economics go. He does feel the school administration should be moved, and he feels the county offices should be moved to the western end of the county and that offices should be built with the money the county has set aside for this project and can afford. Tom Dick, resident of City of Winchester, read from a prepared statement saying that he feels the the County of Frederick is very important to downtown Winchester. He feels the city of Winchester might need a little pushing and that his committee has done that. He addressed the Mosley Group study 676 and the fact that it was conducted during the time when con- struction costs were at an all time high, that has changed. Mr. sager stated that he felt any proposal from the city had to have no annexation and no conditions. Jerrv Smith, Gainesboro, asked when could the city legally annex the county. Mr. Dick replied per agreement with the city when the Judicial Center was built annexation could be done in the year 2000. Marilvn smith, Mr. Smith's wife, read a letter at this time that had been written by Mr. Smith addressing this whole issue and why he had decided to become involved. Mr. Jerry Smith, explained that he felt the two localities should unite in order to show our children and grandchildren they we can deal in peace and harmony. Dick Hardison, resident of Frederick County for twenty-six years, stating that he had paid a lot of taxes during this time. He supports board member Jim Longerbeam in standing up for what he believes. Feels county has cooperated more than anyone else and referred to when the city annexed the county and they didn't care at that time about how the county would be affected. Does not think the county should be blackmailed, feels they have given enough and that they should move to the county. John Allen, Middletown, in favor of county moving offices out of the city as citizens need to have free parking. Sid Snellinq, resident of City of Winchester, feels the citizens should have the final say in what decision is made as far as the move is concerned. supports what Tom Dick has been trying to do and he is not happy with the way the City of Winchester has conducted their business. He did ask the board to consider and respond to what the City of Winchester has offered. David Koller, owns business in Gainesboro District, lives in City of Winchester, feels stewardship has been lacking in both the City of Winchester as well as the county. He does agree that the county needs a new office building, but is large 617 central building the solution. We need to be united and not divided. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. __ __ c=- ,