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March 29, 1994 Special Meeting 583 A special Meeting of the Frederick County Board of supervi- sors was held on March 29, 1994 at 6:15 P.M., in the auditorium of Sherando High School located off Route 277 in Frederick County, 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. Mr. Longerbeam was not present at the start of the meeting. CALL TO ORDER The Chairman called the meeting to order. ADOPl'ION OF AGENDA upon motion made by Robert M. sager, seconded by Charles W. Orndoff, Sr., the agenda was adopted as presented by the follow- ing recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Not present 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 consent agenda: 1. Proclamation Re: KOVAR (Knights of Virginia Assistance to the Retarded) Tootsie Roll Weekend - Tab B; 2. Personnel Committee Report - Tab C; 3. Memorandum and Resolution Re: National Park Service Battlefield Protection Grant - Tab D; 4. Memorandum Re: Virginia department of Historic Re- sources (VDHR) ISTEA Enhancement Proposal - Tab D. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the consent agenda was approved as noted above by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Not present at this time Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye MINUTES - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington smith, Jr., the minutes of the regular meeting of 584 February 9, 1994 were approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Not present at this time Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PROCLAMATION RE: TOOTSIE ROLL WEEKEND - APPROVED UNDER CONSENT AGENDA WHEREAS, some of our most valued citizens, our retarded brothers and sisters, are in need of help from their fellow citizens; and WHEREAS, the 10,000 Knights of Columbus in Virginia, in their charitable and patriotic role as sponsors of KOVAR (The Knights of Virginia Assistance for the Retarded) have donated more than $4,000,000 since 1972 for allocation to 100 ongoing organizations effectively assisting the retarded; and WHEREAS, the efforts of the Knights of Columbus have resulted in more than $108,000 in grants to local organizations, including Northwestern Workshop, Grafton School, Baker House and the Association for Retarded citizens of WinChester/Frederick County; and WHEREAS, in last years Tootsie Roll Weekend, Virginia Knights and their families raised over $400,000 and set their 1994 goal at $400,000. NOW, THEREFORE, BE IT RESOLVED, that, as Chairman of the Frederick county Board of supervisors, I do proclaim April 14 - April 17, 1994 as KOVAR TOOTSIE ROLL WEEKEND in Frederick county and urge all citizens of the county to support this worthy cause. PERSONNEL COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Personnel Committee met on Monday, March 21, 1994, at 8:30 a.m. with the following members present: James L. Longerbeam, Chairman; Jimmie K. Ellington; Leonard D. Newcome; Robert S. Gordanier; Tonie M. Wallace; John R. Riley, Jr.; Phyllis H. Baker and Ann K. Kelican. The Committee submits the following report and recommenda- tions to the Board of Supervisors for consideration: l. Request from the Sheriff to fill new Deputy position: Sheriff Robert Williamson appeared before the Committee and requested approval to fill a new deputy position proposed by the State Compensation Board in the FY 94-95 Budget. The Committee recommends approval of this request pending final approval of the position by the Camp Board. 2. Request from the Sheriff to fill vacant Dispatcher: Sheriff Williamson advised the Committee that one of the dis- patchers in his department has resigned. He requested approval to fill this position. The Committee recommends approval of this request. PLANNING COMMISSION BUSINESS: RESOLUTION RE: NATIONAL PARK SERVICE BATTLEFIELD PROTECTION GRANT - APPROVED UNDER CONSENT ~GENDA WHEREAS, the civil War sites in Frederick County and Winchester represent a valuable asset that could be used to support tourism and education; and, II 585 WHEREAS, the County of Frederick and the City of Winchester are undertaking a planning process to protect significant battlefield sites; and, WHEREAS, the County of Frederick and the City of winchester are now taking steps to preserve key sites; and, WHEREAS, there is a need to create a coordinated and effective tour approach to allow the public to experience the value of area battlefield sites, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors supports the grant request by the Winchester- Frederick County Economic Development Commission and the Freder- ick County Planning Department for a Battlefield Tour. MEMORANDUM RE: VIRGINIA DEPARTMENT OF HISTORIC RESOURCES (VDHR) ISTEA ENHANCEMENT PROPOSAL - APPROVED UNDER CONSENT AGENDA The Virginia Department of Historic Resources is proposing to undertake a survey of historic resources along Route 11. They are applying to use ISTEA funding for this survey. The project will provide some benefits to our area and should be supported; however, it is probably inappropriate to use ISTEA funding for this purpose. Historic resources have been com- pletely surveyed in Frederick County. ISTEA funding should be used to provide transportation facilities or to protect particu- lar resources. This funding could much better serve to protect battlefield sites and develop a battlefield park system in the Valley. It is not appropriate that this survey project compete with projects that will actually preserve sites. VDHR needs to find other funding for this project. It is recommended that the Board of Supervisors request the staff to convey its opposition to using ISTEA funding for this project. PUBLIC HEARING: PROPOSAL TO ESTABLISH AN ISTEA (INTERMODAL SURFACE TRANS- PORTATION EFFICIENCY ACT) ENHANCEMENT PROJECT TO ASSIST WITH THE ACOUISITION OF THE HISTORIC KERNSTOWN BATTLEFIELD SITE. THIS ACOUISITION WOULD BE THE FIRST STEP TOWARD THE CREATION OF A CIVIL WAR BATTLEFIELD NETWORK IN WINCHESTER AND FREDERICK COUNTY - APPROVED Mr. Watkins, planning director, presented this information to the board noting that the City of Winchester and Frederick County are developing a proposal to acquire and preserve signif- icant civil war battlefield sites within our area. The purpose of this proposal is to create an interconnected battlefield tour network that can be enjoyed by local citizens and tourists to our area. Mr. Watkins further explained that in order to create this experience, the first step requires land acquisition. Phase I of this proposal is to request funding to acquire the Grim Farm. This property, located in the City of Winchester and Frederick county, represents a central portion of the First and Second Kernstown Battlefields. 586 The Grim Farm is one of six major battlefield sites identi- fied by the National Park Service (NPS) within this area. Mr. Longerbeam came in at this time. Mr. smith stated that it was his understanding that the city of Winchester would be committing to fund $250,000, the county of Frederick would be funding a like amount, and the City of Winchester has already approved their portion. Mr. Ben Ritter, Gainesboro District, appeared before the board as Chairman of the Battlefield Taskforce Committee to endorse this proposal. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above proposal and following resolution was approved: JOINT RESOLUTION BY THE COMMON COUNCIL. CITY OF WINCHESTER AND BOARD OF SUPERVISORS. COUNTY OF FREDERICK - APPROVED WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local governments in order that the Virginia Department of Transportation program an enhancement project in the City of Winchester and County of Frederick, and WHEREAS, the acquisition of scenic historic sites is an eligible transportation enhancement activity, as defined by federal legislation, NOW THEREFORE, BE IT RESOLVED, that the City of Winchester, and the County of Frederick request the Commonwealth Transporta- tion Board to establish a project for the acquisition of the historic Kernstown Battlefield site as the first step toward creation of a civil War Battlefield Network in Winchester and Frederick County. BE IT FURTHER RESOLVED, that the city of Winchester and County of Frederick hereby agree to pay 20 percent of the total cost for land acquisition and planning and design of this project, and that, if the City of Winchester or County of Frederick subsequently elect to cancel this project, the City of Winchester and County of Frederick hereby agree to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. ADOPTED by the Common Council of the City of Winchester on the 8th day of March, 1994. Resolution No. 1994-11 Is/Edwin C. Daley ATTEST: Edwin C. Daley Clerk of the Common Council Is/Garv W. Chrisman APPROVED: Gary W. Chrisman Mayor ADOPTED by the Board of Supervisors, County of Frederick on the 2~th day of March, 1994. Is/John R. Riley. Jr. ATTEST: John R. Riley, Jr. Is/Richard G. Dick APPROVED: Richard G. Dick 587 Clerk of the Board of supervisors Chairman, Co. of Frederick 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 James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PROPOSAL TO ESTABLISH AN ISTEA ENHANCEMENT PROJECT FOR THE CEDAR CREEK BATTLEFIELD FOUNDATION. INC.. AND BELLE GROVE PLANTATION. FOR A PROPOSAL TO CREATE AN INTERPRETIVE PLAN OF THE CEDAR CREEK BATTLEFIELD AND BELLE GROVE PLANTATION. THIS PROJECT IS DESIGNED TO IMPROVE THE ABILITY OF THE PUBLIC TO APPRECIATE THE HISTORIC SIGNIFICANCE OF CEDAR CREEK AND BELLE GROVE - APPROVED Mr. Bob Watkins presented this information to the board noting that the county has received an ISTEA Enhancement grant proposal from the Cedar Creek Foundation. The request is for $234,800 in federal funding. This would provide for an inter- pretive trail with signs, parking lot, and public restrooms. It would also be used to retire debt for land already acquired. He further noted that it is the opinion of the staff that this project would contribute to the county's local battlefield efforts and should be endorsed as the second priority item after the County and City application. Dr. stanley Hirschberg, President of Cedar Creek Battle Foundation, appeared before the board to endorse this project on behalf of Belle Grove Plantation and Cedar Creek Plantation. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following resolution was approved: WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the virginia Department of Transpor- tation program an enhancement project in the County of Freder- ick. NOW, THEREFORE, BE IT RESOLVED, that the Frederick county Board of supervisors requests the Commonwealth Transportation Board establish a project for the creation of an interpretative plan for the Cedar Creek Battlefield site and Belle Grove Plantation. BE IT FURTHER RESOLVED, that Frederick County will provide support to the project as specified in the application materials submitted. The above resolution was approved by the following recorded 58~ 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 AWARD FOR MONTH OF MARCH PRESENTED TO MCSYLVIE' S RESTAURANT IN MIDDLETOWN Mr. Sager asked Mrs. Laura McGuinn and Mrs. Gretta Stoneberger to come forward at this time. Mr. Sager presented to the sisters the board award for the month of March for their joint ownership of McSylvie's Restau- rant, located in Middletown, and thanked them for all their many contributions to Frederick County. TERRY E. STONE APPOINTED TO PLANNING COMMISSION FROM GAINESBORO DISTRICT TO FILL UNEXPIRED TERM OF RON CARPER - APPROVED Upon motion made by Jimmie K. Ellington, seconded by James L. Longerbeam, Terry E. Stone was appointed to the planning commission as a representative from Gainesboro District, filling the unexpired term of Ron Carper who resigned, said term to commence on March 29, 1994 and expire on January 13, 1996. 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 GENE NEWMAN APPOINTED TO SHENANDOAH VALLEY PRIVATE INDUSTRY COUNCIL - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, Gene Newman was appointed to the Shenandoah Valley Private Industry Council as a representative of Frederick County, said term to commence on March 29, 1994 and expire on March 29, 1999. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrin9ton smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye 589 GAIL FORD SCHWEIGER APPOINTED TO SHAWNEELAND ADVISORY COUNCIL TO FILL THE UNEXPIRED TERM OF GARY KOBER Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., Gail Ford Schweiger was appointed to the Shawneeland Advisory council, filling the unexpired term of Gary Kober who resigned, said term to commence on March 29, 1994 and expire June 30, 1996. 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 RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the board retired into Executive Session in accordance with the Code of Virqinia, 1950, as amended, under section 2.1-344, Subsection A (3) and (7) to discuss Acquisition and Disposition of Real Estate and Legal Matters. 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 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 Robert M. Sager, 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 590 RESOLUTION TO ENTER INTO AN OPTION AGREEMENT WITH F&M BANK - WINCHESTER. TRUSTEE FOR THE PURCHASE OF 342 ACRES WEST OF VALLEY AVENUE - APPROVED WHEREAS, the City of Winchester and Frederick County desire to create a civil War battlefield memorial park and certain recreational facilities; and, WHEREAS, the farm of the late Charles Hardy Grim, contain- ing, in part, 342 acres, west of Valley Avenue, near Kernstown was a central area of the Battles of Kernstown; and, WHEREAS, F&M Bank, Trustee of the Charles Hardy Grim and Emily Grove Grim Trust under the will of Charles Hardy Grim, Deceased (Residuary Trust) is willing to sell the 342 acres to the City and County, upon the terms set out in the attached agreement. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Frederick county that the board does hereby agree to enter into an option agreement dated March 29, 1994 with F&M Bank - Winchester and the City of Winchester, Virginia, in the form attached, for the purchase of 342 acres of the Charles Hardy Grim estates. BE IT FURTHER RESOLVED that the county Administrator is authorized and directed to execute and deliver the agreement; to record the same in the land records of Frederick County and the City of Winchester; and to do all other things necessary to carry out the agreement. Upon motion made by W. Harrington Smith, Jr., 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 PUBLIC HEARING ON PROPOSED FY 1994-1995 BUDGET Mr. Dick explained the rules that apply to this public hearing. Mr. Riley presented, by way of charts and graphs, an overview of the proposed budget. The following individuals appeared before the board to address the proposed 1994-1995 budget: Sara Kuykendall, Opequon District, parent of two school age children, addressed the lack of funds for various school pro- jects such as uniforms for the band at Aylor School. Wally Kuchyt, Stonewall District, parent, feels full budget as requested by the school board should be funded. Bill Ellithorpe, Opequon District, feels the board of supervisors and school board need to stop their annual battle 591 over the budget and the school board needs to review their administrative costs. Ruth Ham, Shawnee District, feels the school board lacks the necessary funds to do the things that are needed in the schools. Barbara VanOsten, Back Creek District, referred to the annual battle between the board of supervisors and the school board. Does not feel quality education is the board of supervi- sors priority, feels nothing is more important than the chil- dren. wendy Nadolny, Opequon District, addressed the age of some of the equipment at the schools, it should be in a museum rather than in the classrooms, school budget needs to be fully funded. John Markwood was unable to be present and asked Barbara Van Osten to read his remarks. Feels school budget should be fully funded. Trish Grimes, Shawnee District, feels everyone needs to unite in this cause and that the school budget should be funded. Debbie LaFew, Shawnee District, feels educational funding needs to be given higher priority as the county is $2,000 less in funding than the City of winchester. Melanie Nesselrodt, Stonewall District, board of supervi- sors needs to fund school board budget as presented, they can find the solution in order to be able to do this. Marge Rowe, Opequon District, feels this is demoralizing, wanted to know what the citizens, parents and students had done to deserve this type of treatment. Cathy Eckersley, Opequon District, parent and teacher. Addressed the lack of equipment and supplies available to the schools. Services must grow as county grows and she feels this has not happened based on the way the county has grown during the past few years, wants schools fully funded. Chris Upson, Opequon District, feels the county needs business. Questions why a lot of businesses have moved to the City of Winchester. Also addressed all the growth that has 592 taken place in the county. The public is asking the board to raise their taxes and so was he. Patricia Lightner, Back Creek District, feels that good decisions often cost more money, and the board of supervisors is maintaining status quo and this is not satisfactory, feels county educational budget has decreased since 1984. Donnie Gladden, Opequon District, referred to questions he has asked board members at a meeting in January of this year to which he had not received a reply, and he also referred to the salaries of the county administrator, the county attorney as well as the director of parks and recreation. Marlene Cross, Opequon District, supports original budget, not in favor of any cuts, feels the county is losing good teachers. Patty Buoniviri, Opequon District, the message she is getting from the board is that education is not important in Frederick County, feels full budget should be funded. Diane Ruckman, stonewall District, feels teachers should be paid in Frederick County the way they are paid in surrounding localities. Micker Madden, Opequon District, feels full budget should be funded as requested. Kenneth Y. Stiles, stonewall District, does not agree with figures presented by school board, feels the monies are in their budget, they are not presenting a true budget of revenues and deficits. Presented a list of questions that he would like for the school board to answer. Amanda Thomas, resident of Charles Town, W. Virginia, teacher at Bass Hoover Elementary School. Not happy with actions of board chairman as they relate to education and feels the county has a history of not funding education. Marjorie Lewis representing Handley Library Board, thanked the board for their funding. She also addressed the area of child abuse and the programs of prevention. ~3 Peggy Wolk, Shawnee District, taxpayer and parent. Feels the entire school budget needs to be funded and the quality of education in Frederick County is very important. Carla Gorman, Back Creek District, supports teachers and school board. Referred to the 15% cuts in supplies needed for the classrooms, school board budget needs to be fully funded. Linda Sherman, stonewall District, asked the board exactly what they expected of the teachers. Board needs to look through the budget again. Rosa Hawkins, Gainesboro, feels the original school board budget should be funded. Amy Jenkins, stonewall District, feels the original budget should be fully funded. Diana Giles, Shawnee District, feels there has been little support from the board of supervisors, referred to 15% cut in supplies, she also feels that Frederick County has the ability to pay more than they are. Full funding should be done. Robert Wilson, Stonewall District, explained that you get what you pay for and he feels the county has a third rate school system. Supports full funding of the school budget. David Headley, Shawnee District, stated that some thirty years ago his father explained to the board of supervisors that if our children are to be educated, the county has to be willing to spend the money to see this is done, and here he is some thirty years later saying the same thing. Bob Carpenter, Gainesboro District, concerned about what is going on in the county, and no one is anxious to have their taxes raised, however sometimes it becomes necessary and it would be better to do smaller increments every year rather than a big amount all at once. Feels appropriate funding of the school budget is necessary. Libby Drake, Gainesboro District, is thoroughly disgusted with the same scene that is going on every year between the school board and the board of supervisors. She also spoke to the increased growth that has taken place in the county. ~4 cathy Hall, Shawnee District, concerned about the lack of commitment from the board of supervisors for education, feels the original budget should be funded. Kathleen Bost, Shawnee District, has been a teacher for twenty-four years, is tired of the annual political football that is played each year, board of supervisors need to stop playing games. Donald W. Luttrell, feels an independent audit is needed of the school administration especially in the area of cars, etc. He stated that he would donate 20 acres four miles northeast of Cross Junction for new county office building, or it could be built behind the old Kline Elementary School. Gina Thayer, is concerned about the 15% cut in supplies, urged board to fund the full school board budget. Kathryn A. Marks, feels education needs to be top priority, referred to area she moved from where the budget discussions were as they were 10 years ago, thus one of the main reasons she moved to this area. Libby Edwards, feels budget should be fully funded, she totally supports that move. Keith Parks, Gainesboro District, does not agree with the proration of personal property as enacted by the board of supervisors some time ago, he was not in agreement with it then and is still opposed to it. Pat Gochenour, Shawnee District, teacher for many years, feels the full budget as presented by the school board should be funded. Patti Pavloff, feels there should be a tax increase, if that is what it takes to fully fund the school board bUdget. Susan Ritter, supports quality education and challenged the board to fully fund the school board budget. Rick Eckersley, opequon District, feels the time is right to raise taxes in order that education might be funded as it should be. Debbie OVerstreet, stonewall District, concernsa that budget is not being funded as requested by the school board. 595 Questioned whether the board of supervisors value the education of their county children. stated that the morale of teachers is low and that good teachers are leaving. Mary Frochlice, Shawnee District, librarian, requested full funding of the school budget. Bonnie Kees, Shawnee District, feels there is more account- ability needed with members of the school board as well as the school administration. Pam Guy, Shawnee District, feels school board needs to do better at managing their budget. Charlie Hott, Stonewall District, referred to remarks made earlier by Kenny Stiles, noted that the bickering needs to stop and the whole budget process needs to move forward. vickie Larrick, Shawnee District, asked how all of this could be fixed. Feels teacher raises are needed each year. All possibilities need to be explored. Mike Webber, Stonewall District, feels City and County needs to work together, noted the businesses that bring revenue to the city, feels county needs to work harder to bring more business to the county. Mr. Dick said in closing that during the past three years Clarke County has increased their funding to the schools by $775,000, the City of Winchester by $900,000 and Frederick County by $8,000,000. UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. ., ._ ,-~:tIl. ( .-