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HomeMy WebLinkAboutFebruary 26, 1992 Regular Meeting 505 A Regular Meeting of the Frederick County Board of Super- visors was held on February 26, 1992, 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; Beverly J. Sherwood and Charles W. Orndoff, Sr. Mr. James L. Longerbeam was not present at the start of the meeting. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Warren E. Boling of the First Baptist Church. ADOPTION OF AGENDA Mr. Orndoff requested an Executive session for the discus- sion of acquisition and disposition of property. Upon motion made by Robert M. Sager, seconded by w. Harrington smith, Jr., to adopt the agenda as amended. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA There were no items under the Consent Agenda. REPORT FROM THE COMMITTEE TO STUDY VARIOUS COUNTY COMMIS- SIONS AND COMMITTEES Mr. Harrington smith, member of the committee, presented the following report: The committee met on Wednesday, February 19, 1992, 10:30 A.M., Western Steer, Stephens City Virginia. Present were committee members W. Harrington smith, Jr., Robert M. Sager and John R. Riley, Jr. The committee submits the following recom- mendations: At-Large Committee Appointments Policy The committee recommended the following policy be adopted by the Board of Supervisors: 506 Whenever an At-Large vacancy occurs, the board shall be notified 120 days prior to said vacancy occurring. If said vacancy is not filled by the Board of supervisors within the next sixty days the board shall advertise said vacancy. The board will review all applications and fill said vacancy. There were no committee appointments. Mr. Longerbeam arrived at this time. RESOLUTION RE: RAIL ACCESS FUND - HERSHEY PROJECT - APPROVED County Administrator John Riley presented this resolution. Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, to approve the following resolution: WHEREAS, Hershey Pasta Group has expressed its intent and desire to the Frederick County Board of supervisors to locate its industrial operations in the County, which will involve a capital investment of $66 million and create 150 new jobs; and WHEREAS, this business and its operations will require rail access; and WHEREAS, this railroad access is anticipated to provide a movement of 750 rail cars per year; and WHEREAS, officials of Hershey Pasta Group have reported to the County their intent to apply for Industrial Access Railroad Tract Funds from the Commonwealth of Virginia in the amount of $478,000; and WHEREAS, Hershey Pasta Group has requested that the Frederick County Board of supervisors provide a Resolution concerning support for its application for said funds which are administered by the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Super- visors of the County of Frederick hereby endorses and supports the application of Hershey Pasta Group for $478,000 in Industri- al Access Railroad Track Funds; and BE IT FURTHER RESOLVED, that the County of Frederick hereby makes known its desire and intent to assist the Virginia Depart- ment of Transportation in providing the maximum financial assistance to Hershey Pasta Group for the purpose of locating its industrial facility in Frederick County. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye PROCLAMATION RE: MENTAL RETARDATION MONTH - APPROVED Mr. Riley presented this proclamation. upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., to approve the following proclamation: 507 WHEREAS, mental retardation is a condition which today affects more than six million American children and adults and their families; and WHEREAS, the most effective weapons for alleviation of the serious problems association with mental retardation are pUblic knowledge and understanding; and WHEREAS, the potential for citizens with mental retardation to function more independently and productively must be encour- aged; and WHEREAS, during the month of March, 160,000 members through 1,300 state and local chapters of the Association for Retarded citizens of the united states are promoting vital employment, educational and fund raising campaigns under private sector initiatives, Winchester Mayor Helm, Frederick County Chairman Dick, and Clarke County Chairman Hardesty do hereby proclaim March, 1992 as MENTAL RETARDATION MONTH and urge that the citizens of this area give full support to efforts toward enabling people with mental retardation to live productive lives and achieve their potential. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CHANGES IN VOLUNTEER FIRE AND RESCUE PERSONAL PROPERTY TAX EXEMPTION PROGRAM EXPLAINED TO THE BOARD Director of Fire and Rescue Department Tom Owens appeared before the board to explain that these amendments were more or less a housekeeping matter due to a twice yearly personal property tax billing system that the county will be enacting this June. He explained the need for several modifications to the current personal property tax exemption benefits for volun- teer fire and rescue personnel. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam to approve this request as noted below and as recommended by the Commissioner of the Revenue, County Treasurer and Fire and Rescue Department: 1. Tax exemption eligibility be extended to each volunteer member who meets the eligibility criteria regardless of the number of volunteers in the household. 2. Tax exemption will be applied to the specific vehicle used by each eligible volunteer in the performance of their fire and rescue duties. This vehicle must be declared at the time eligibility is filed with the commissioner of the Revenue. 3. The filing date for reporting program eligibility to the Commissioner of the Revenue shall be January of each year with filing completed no later than January 31 of each year. 508 4. The current maximum benefit of $150.00 should be retained and applied as follows: . If the eligible vehicle's tax is $150.00 or less, the volunteer would be completely exempted from the entire amount of tax owed on said vehicle. . If the eligible vehicle's tax is greater than $150.00, the volunteer would receive a $150.00 discount on the tax owed and the balance would be paid as the vehicle's tax. 5. The eligibility point system promulgated by the County Volunteer Fire and Rescue Association and the Director of Fire and Rescue shall be retained as the method of determining benefit eligibility. 6. The attached property tax exemption report form should be added to the system to facilitate reporting of each eligible member's vehicle to the Commissioner of the Revenue. 7. In order to expedite the changes so the transition may occur in time for the first billing cycle of 1992, it is recommended that those volunteers who were declared eligible for this benefit in November of 1991, be automatically carried over to 1992 eligibility. Only new volunteers or those who did not qualify as eligible last fall would have to prove eligibility under the point system for the 1992 benefit. The need for these changes to the property tax exemption program have been presented to the Frederick County Volunteer Fire and Rescue Association and the changes recommended above received their endorsement at their February 17, 1992 regular meeting. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye VPSA RESOLUTION - SPRING 1992 BOND SALE - APPROVED Mr. Riley presented this resolution. Mr. smith asked why the actual location as to where these funds would be spent was not spelled out in this resolution as he felt it should be. Mr. Riley explained that this is being handled by the law firm of McGuire, Woods, Battle & Boothe out of Richmond and he felt if this was a requirement that it would have been included in the resolution. 509 Mr. Smith stated that it might not be a requirement, however he felt it should be spelled out exactly where these funds would be used. Mr. Ambrogi also explained that because of how these resolutions are prepared as required by law that he felt everything was in order as should be. Mrs. Bayliss explained these funds are part of the original amount requested through VPSA and this amount is what is being request for approval through the spring sale, and it was noted in the beginning these funds were for Sherando High School. Mr. smith moved for approval of the following resolution, and requested that in the future a letter accompany the resolu- tion stating where the funds will be spent. Mr. Longerbeam seconded the motion. The Board of Supervisors ("Board") of the County of Frederick, virginia ("County") has determined that it is neces- sary and expedient to borrow not to exceed $7,590,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. The county has previously authorized the issuance of not to exceed $21,760,000 general obligation bonds for school purposes, of which $11,410,000 remains unissued and the County held a public hearing on the issuance of such bonds on February 13, 1991 in accordance with the applicable provisions of the Code of Virginia of 1950, as amended ("Virginia Code"). The School Board of the County has requested, by resolu- tion, the Board to authorize the issuance of the Bonds (as defined below) and, prior to the issuance of the Bonds, the School Board will have consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate amount not to exceed $7,590,000 ("Bonds") for the purpose of financing certain capital projects for school pur- poses. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the county to accept the offer of the Virginia Public School Authority ("VPSA") for the VPSA to purchase, and to sell to the VPSA, the Bonds at par, upon the terms estab- lished pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may desig- nate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA ("Bond Sale Agreement") . 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and 510 delivery of the Bonds; shall be designated "General Obligati(;lD School Bonds, Series 1992A"; shall bear interest payable sem~- annually on June 15 and December 15 (each an "Interest Payment Date"), beginning December 15, 1992, at the rate,or rates, established in accordance with paragraph 4 of th~s Resolut~on; and shall mature on December 15 in the years (each a "principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rate or rates on the Bond established by the VPSA, provided that no such interest rate shall be more than ten one hundredths of one percent (0.10%) over the annual rate to be paid by the VPSA for the corresponding maturity of the bonds to be issued by the VPSA ("VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that no interest rate on the Bonds shall exceed nine percent (9%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the maturities established by the VPSA for principal installments of the Bonds, provided that such aggre- gate principal amount shall not exceed $7,590,000 and the final maturity of the Bonds shall not be later than December 15, 2012. The execution and delivery of the Bonds as described in para- graph 8 hereof shall conclusively evidence such interest rates, principal amount and maturities as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond sUbstantially in the form attached hereto as Exhibit A. On twenty days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 and whole multi- ples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Pavment: Paying Aqent and Reqistrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 A.M. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 A.M. on the business day preceding such Interest Payment Date, Principal Payment Date or date fixed for prepay- ment or redemption; (b) All overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The principal installments of the Bonds held by the VPSA coming due on or before December 15, 2001, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before December 15, 2001, are not subject to prepayment or redemption prior to their state maturities. The principal installments of the Bonds held by the VPSA coming due after December 15, 2001, and the defini- tive Bonds for which the Bonds held by the VPSA may be exchanged that mature after December 15, 2001, are subject to prepayment or redemption at the option of the County prior to their state maturities in whole or in part, on any date on or after December 15, 2001, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be 511 prepaid or the principal forth below plus accrued or redemption: amount of the Bonds to be redeemed) set interest to the date set for prepayment Dates Prices 103% 102 101 lOOi Provided. however, that while the VPSA is the registered owner of the Bonds, the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the VPSA. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than thirty (30) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. December 15, 2001 to December 14, 2002, inclusive.... December 15, 2002 to December 14, 2003, inclusive.... December 15, 2003 to December 14, 2004, inclusive.... December 15, 2004 and thereafter..................... 9. Pledqe of Full Faith and Credit. For the prompt payment of the principal of, the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate and amount and in addition to all other taxes author- ized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds certificate: Non-Arbitrage certificate. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage certificate and a Use of Proceeds certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended ("CodeJl), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Bonds will be inyested and expended as set forth in such Non-Arbitrage certificate and such Use of Proceeds certificate and that the County shall comply with the covenants and representations contained therein. Furthermore, the Board coyenants on behalf of the County that the county shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. state Non-Arbitraqe Proqram: Proceeds Aqreement. The Bond hereby determines that it is in the best interests of the County to authorize and direct the Treasurer of the county to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator, the Chairman of the Board, and such officer or officers of the county as either of them may designate, are hereby authorized and directed to execute and deliyer a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, 512 the VPSA, PUblic Financial Management, Inc., as investment manager, and Central Fidelity Bank, as depository. 12. Filing of Resolution. The appropriate officers or agents of the county a:e hereby ~uthorized ~nd di:ected to.cau~e a certified copy of th~s Resolut~on to be f~led w~th the C~rcu~t Court of the County. 13. Further Actions. The County Administrator, the Chair- man of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby author- ized to take such action as the county Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 14. Applicable Law; Effective Date. In accordance with the provisions of section 15.1-227.65 of the Virginia Code, the Board elects to issue the Bonds under the provisions of the Public Finance Act of 1991. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, hereby certifies that the fore- going constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on February 26, 1992, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Nay 1992 SPRING PREALLOCATION HEARINGS FOR THE INTERSTATE. PRIMARY AND URBAN SYSTEMS AS SCHEDULED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION Mr. Dick noted the dates that have been scheduled by the Virginia Department of Transportation and asked if any board member would be available to attend. Mr. Sager stated he could go on March 30 with either Mr. Riley or Mr. Owen. ACTIVITY REPORT - FEBRUARY 1-15. 1992 - APPROVED AS PRE- SENTED PLANNING COMMISSION BUSINESS PUBLIC HEARING: CONDITIONAL USE PERMIT 1001-92 - KIM NAIL - GAINESBORO DISTRICT - APPROVED WITH CONDITIONS Zoning Administrator Wayne Miller presented this condition- al use permit request and stated the Planning Commission and staff recommended approval with conditions. Mr. Nail was present on behalf of his request. 513 There was no public input. Upon motion made by Beverly J. Sherwood, seconded by W. Harrington smith, Jr., to approve conditional use permit number 001-92 of Kim Nail for retail sale of archery equipment (cottage occupation) with conditions as noted by the Planning Commission. This property is located off 522 North, past the Back Creek Bridge, in the Gainesboro Magisterial District and is identified as GPIN 190000A0000270. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CONDITIONAL USE PERMIT 1002-92 - KIM NAIL - GAINESBORO MAGISTERIAL DISTRICT - APPROVED WITH CONDITIONS Mr. Miller presented this conditional use permit request and stated the Planning Commission and staff recommended approv- al with conditions. Mr. Nail asked exactly what size is required for the sign as the county staff had noted one size and the Virginia Depart- ment of Transportation another. Mr. Miller explained this was a mistake on the part of county staff as the sign should be 1 ft. x 2 ft. as stated by the virginia Department of Transportation office in staunton. There was no public input. Upon motion made by Beverly J. Sherwood, seconded by Charles W. Orndoff, Sr., to approve conditional use permit number 002-92 of Kim Nail for an off-premise sign with condi- tions as noted by the Planning Commission. This property is located off 522 North, past the Back Creek Bridge, in the Gainesboro Magisterial District and is identified as GPIN 190000A0000270. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye -~-~--_.._~_..-._~ 514 CONDITIONAL USE PERMIT #003-92 - JOHN D. MAYHEW - BACK CREEK MAGISTERIAL DISTRICT - APPROVED WITH CONDITIONS Mr. Miller presented this conditional use permit request and stated the Planning commission and staff recommended approv- al with conditions. Mr. Mayhew was present on behalf of his request. Mr. Orndoff asked about wording on the sign with regard to black powder and the fact the law states black powder cannot be sold. Mr. Mayhew explained that he did not plan on selling any black powder as you have to have separate permits if you sell this type of powder. There was no public input. Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff, Sr., to approve conditional use permit number 003-92 of John D. Mayhew for a gunshop repairs and sales (cottage occupation) with conditions as noted by the Planning commission. This property is located off 50 West on Route 259, in the Back Creek Magisterial District and is identified as GPIN 370000A0000710. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye End of Planning Commission public hearings. OTHER PLANNING ITEMS: REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - WAKELAND MANOR - APPROVED Deputy Director of Planning and Development Mr. Kris Tierney addressed the board on behalf of this request and gave the background as it had been three years in the mill. Mr. Sager asked if the current plan met the county subdivi- sion ordinance requirements. Mr. Tierney replied yes, sort of, as this request was in the pipeline when the ordinance was amended, therefore it would be "grandfathered' in. 515 Mr. smith stated this plan had been three years in the making and he would like to congratulate the Wakemans on the final plans as he felt they had done a very good job. Mr. Eds Coleman, local attorney, appeared before the board on behalf of the Wakemans noting that he had nothing to add and would be happy to answer any questions the board might have. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, to approve the revised preliminary master development plan of Wakeland Manor as presented. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION RE: INSTALLATION OF MONITORING CELLS ON STATE ROUTE 522 SOUTH - APPROVED Director of Planning and Development Robert Watkins pre- sented this request and explained why the county felt the monitoring cells should be installed. Mr. smith explained that he was the one that made the request as he felt something definitely needed to be done in order to help eliminate the truck traffic that travels Route 522 South in order to bypass the scales on Interstate 81. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, to approve the following resolution: WHEREAS, the Frederick county Transportation Committee moved that the Virginia Department of Transportation install load monitoring cells on state Route 522, south of Winchester; WHEREAS, the installation of load monitoring cells on state Route 522, south of winchester, will assist the Virginia Depart- ment of Transportation in monitoring truck traffic that utilizes State Route 522 to bypass the Interstate 81 weigh scales; WHEREAS, the installation of load monitoring cells will reduce the amount of truck traffic operating on State Route 522, south of winchester; THEREFORE, BE IT RESOLVED, that the Board of Supervisors supports the motion of the Frederick County Transportation Committee to have the virginia Department of Transportation install load monitoring cells on state Route 522, south of WinChester, in Frederick county, Virginia. The above motion was passed by the following recorded vote: Richard G. Dick - Aye 516 w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye End of planning Commission business. COMMITTEE REPORTS: HISTORIC RESOURCES ADVISORY BOARD REPORT - RECEIVED AS INFORMATION Mr. Kris Tierney presented the following Historic Resources Advisory Board report: Mr. Vernon Davis, vice President of the Loudoun county Restoration and Preservation Society, was present at the HRAB's February 18th meeting. Mr. Davis was involved in the develop- ment of Leesburg's Plaque for Historic properties. Committee members asked questions and talked with Mr. Davis about the process that Loudoun County had gone through. The above report was received as information and no action was taken. FINANCE COMMITTEE REPORT Mr. Sager, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Wednesday, February 19, 1992, 8:00 A.M., at the Western Steer in Stephens city. Present were: Bob Sager, Committee Chairman; Committee members W. Harrington smith, Jr., John Good, Jr., Raymond Sandy, and Natalie Cather Miller. Also present were County Administrator John Riley; Assistant county Administrator Steve Owen; Finance Director Barbara W. Ratcliff; Assistant Finance Director Cheryl Shiffler; Risk Manager Jennifer Place; Sheriff Bob williamson; Chief Deputy J. Alvin Johnson, and Board of supervisors Chairman Richard Dick. The following agenda items require board action: Request from Director of Fire and Rescue for a General Fund Supplemental Appropriation in the Amount of $10,000 - Approved Request from the Director of Fire and Rescue for a General Fund supplemental appropriation in the amount of $10,000 for the Middletown Fire and Rescue. They are requesting funding assist- ance with the purchase of a new ambulance. See attached memo. 517 The Fire Company Capital Account is money previously set aside to assist fire companies in making capital purchases. The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., to approve the above request. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Request from the School Finance Director for a School Operatinq Supplemental APpropriation in the Amount of $77,882.01 and a School Operatinq Appropriation Transfer in the Amount of $24,196.95 - Approved See attached memo. No additional local funds are request- ed. The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., to approve the above request. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Request for a Division of Court Services Supplemental Appropriation in the Amount of $20,000.00 - Approved Request for a Division of Court Services supplemental appropriation in the amount of $20,000.00 for the purchase of furnishings and equipment for the neW detox facility. This funding is provided from a grant and requires no local funds. See attached memo. The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., to approve the above request. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Info~mation from Sheriff Bob Williamson on a Municipal Car Lease Program - Aooroved 518 The committee recommends approval of the purchase of nine Sheriff "s Department vehicles through this procedure. Funds are currently budgeted, therefore, no additional local funds are required. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., to approve the above recommendation. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Request from the Finance Director for Authorization to Advertise a Request for Proposals for Financial Advisory Services - Approved The Finance Director is requesting authorization to adver- tise a request for proposals for financial advisory services. The types of services would include debt restructuring and long range financial planning. The committee recommends approval. No funds are requested at this time. Mr. Orndoff asked if this was a new position. Mr. Riley replied no. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., to approve the above request. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye For Information only: The Finance Committee conducted a budget worksession on Wednesday, February 19, 1992. The action of the committee reduced the projected deficit for FY 93 to approximately 2.6 million dollars. Another worksession has been scheduled for February 25, 1992 and the results will be presented at the February 26, 1992 Board of Supervisor's meeting. BUDGET WORKSESSION OF FEBRUARY 25. 1992 Mr. Sager referred to the memo that was handed out before tonight's meeting with the recommendations of the Finance 519 Committee from their meeting of February 25 and asked Mr. Riley to read same. Mr. Riley read the fOllowing memo: On February 25, 1992 the Finance Committee met and submit- ted the following recommendation in order to balance the fiscal year 1992-1993 budget. Estimated Revenue FY-93 Repayment from the Sanitation Authority Real Estate Tax Increase of 3 Cents Transfer from Fund Balance Refund from State - Jail $ 35,334,957 1,200,000 650,000 350,000 975,000 TOTAL FUNDING 38,509,957 Expenditures: General Fund School Operating (local dollars) Debt Service $16,538,185 17,484,852 4,486,920 38,509,957 The proposal includes an increase in local funds to the school operating fund of one million dollars and an increase in debt service of 1.3 million dollars for school construction. A hiring freeze is in effect and also a spending freeze for non essential purchases has been implemented in the General Fund. Departments have been requested to make additional cuts of approximately $450,000 to balance the budget as proposed. With board approval, the proposed budget will be advertised for public hearing to be held on March 25, 1992. I would like to bring to your attention that the proposal includes $2,525,000 of one time funding sources and a three cent tax increase. Fund Balance is expected to be $7,500,000 at June 30, 1992. In order to maintain a cash balance high enough to maintain cash flow for operations, fund balance should not be less than $5,500,000. Mr. Riley explained that the direction that was needed from the board was does the county balance the budget with one time sources of funding this year and eliminate the tax increase that had been proposed by the Finance Committee, or is it a combina- tion thereof. He stated that once this has been decided, they can then advertise the budget for public hearing on March 24. Mr. Longerbeam moved to accept the report with the elimina- tion of the three percent tax increase and the authorization to use the one time sources of funding to balance the budget. Mr. Sager seconded this motion. Mr. Riley explained that if one time. sources of funding are used and there are no improvements next year in the economy, Debt Service is not restructured, and the budget of the schools remain as it currently is, one time sources of funding will not be there, which means that will have to be made up along with 520 the new operational increases. He stated the staff needs to know this now, so they will know what they are looking at next year. Mr. smith referred also to the one time sources of income and the fact they would be looking at the opening of Sherando High School next year, and getting James Wood Amherst ready as a middle school, is going to run between 3 and 3.5 million dollars. He stated if the 1.2 million and the 975,000 is added back in, that will not be available next year, the county will have big problems. He stated with all of this taken into accord and if the economy does not improve significantly, he felt the county will be looking at a whale of a tax increase next year. Mr. Longerbeam stated he felt this is one scenario of what could happen, but he felt there were a lot of things that could be done before it would be necessary to impose a 20-25 cent tax increase. Mr. smith stated Mr. Longerbeam had come up with a very good idea that he endorsed and that is a management study of the administration of Frederick County Schools as well as county government. Mr. Dick stated he had been involved in some of the Finance Committee meetings and he felt the committee had done a good job of scrutinizing the budget. He explained the committee is very interested in looking at all aspects of the budget. Mr. Sager stated that he too would like to thank all members serving on the Finance Committee for all their hours of hard work spent on this budget process. Mr. Orndoff asked if the 1.2 million, as well as the $975,000, had been added into the Fund Balance. Mr. Riley replied no. Mr. Orndoff stated that is actually Fund Balance funds coming out. Mr. Riley stated no, the $975,000 was put into the jail construction budget. Mr. Orndoff stated the fact that this report was just handed to the board he was not happy in being asked to vote on 521 it without having more time to review it. He further stated that he had only received one report from the Finance Department and at this point was not aware of where any cuts had been made as a directive of the Finance Committee. Mr. Orndoff stated that he had read in the paper that it had been proposed to cut $100,000 from the Youth Development Center. He further stated the previous board had voted on this, without any obligation to the City of Winchester, and he was not an "Indian Giver" and did not feel the county should set a precedent of giving something and then taking it back. Mr. Dick stated the previous board funded $100,000 for 1991-92, and that had been paid. At the same meeting that this was approved in July the previous board stated that they would like to see $100,000 donated the following year, and the former chairman stated that the current financial situation would be looked into, and if this amount was not feasible, then it would not be given. He stated he did not feel anyone was being an "Indian Giver" in this situation. Mr. Smith at this time read the transcript of the section of minutes that Mr. Dick was referring to. Mr. Sager stated the Finance committee did not reject further funding of the center as it was a recommendation that $10,000 be held back for part of this funding. Mr. Dick noted that it was placed in an account and frozen. Mr. Smith stated he agreed with the previous board, if we can afford it we will, if we can't then we won't. Mr. Dick stated he just wanted the record straight, that they did not have a $200,000 obligation according to the minutes of the previous board. Mr. Orndoff stated that he understood at that time it would come out of the County Administration Fund if it was not avail- able in any other fund. Mr. Longerbeam stated he did not know of anyone else on this board or in this community that is any closer to the Youth Development Center than he was, and holds it any nearer or dearer than he did, and he is confident the County of Frederick 522 is not going to renege on this obligation in any way, for when the need presents itself, this board will come back and discuss it and he felt comfortable that the money will be available. Mr. Riley stated to Mr. Orndoff that the money did come out of the county Administration Building Fund, and secondly any information that he had not received from them as far as the cuts on the budget, he needed to know for he thought all board members had been supplied this information. Mr. Orndoff stated he had not received anything on cuts since the Finance Commmittee had been meeting. Mr. Riley apologized and stated all this information will be supplied to him. Mrs. Sherwood stated she was also having some difficulty in the fact that she did not have all of the information until the night of the board meeting, and in light of the fact that they are being asked to make some decisions at this meeting, it would have benefited to have had this information earlier. She stated she realized the Finance committee did not meet until yesterday, which make it sort of difficult. She stated they do not have the whole story if they are not sitting on the committee, yet they are being asked to make some very important decisions here tonight and that more background information on certain specif- ics would have been beneficial. She further stated she was not in favor of a tax increase this year, noting she felt belts needed to be tighened this year, and even a better job next year. She requested a further breakdown of some of the information. Mr. Smith stated he was under the impression that $4,500,000 was a safe figure for their Fund Balance and tonight he was looking at $5,500,000, suddenly it had gone up a million dollars. He stated if it exceeds this amount, he considered it a rainy day fund, and if the county ever needed some rainy day money, it is now. Mr. Riley explained the county wanted to walk the high wire with a net rather than concrete, and there is some fexibility built into this number. He stated it would appear at this point 523 that the overall budget is going to be less than it was last year, but considering how they are balancing this budget with one time sources, and not continuing sources of revenue, if something breaks, maybe Fund Balance should be a little higher. Mr. Sager stated the memo before them is an advisory one and they did not have to take any action if that is the board's wishes. Mr. Riley replied that is correct, but for their purposes, for advertising, if there is no tax increase then they needed to know that. Mr. Longerbeam repeated his motion as this time. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye End of Committee Reports. CITY OF WINCHESTER OFFERS THE COUNTY AN OPTION TO ACCOMPANY THEM ON LEGISLATION THAT DELEGATE SMITH IS PROPOSING TO HAVE AMENDED THAT WOULD ALLOW CITY AND COUNTY TO PRORATE PERSONAL PROPERTY TAXES Mr. Riley explained how this offer was extended just this afternoon by City Manager Ed Daley. He explained how this would assist in the area of additional revenue, and if this is by- passed now, the county would have to wait an additional year in order to have this considered by the General Assembly. Upon motion made by W. Harrington Smith, seconded by Robert M. Sager, to approve the following resolution: WHEREAS, Section 58.1-3516 of the Code of Virginia author- izes several counties in the Commonwealth to prorate personal property taxes; and WHEREAS, it is the determination of the Frederick County Board of supervisors that it will be in the best interest of the citizens of Frederick if the county is authorized to prorate personal property taxes. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of supervisors that Delegate Alson H. smith is hereby requested to introduce an amendment to 58.1-3516 of the Code of Virginia to include the County of Frederick in the list of localities which are authorized to prorate personal property taxes, and the General Assembly is requested to approve the amendment. Mr. Longerbeam ask how much they might be looking at in revenues. 524 Mr. Riley explained he would not like to take a guess at what that figure might be. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood, to retire into Executive Session in accord- ance with the Code of Virginia, 1950, as amended, Section 2.1-344, to discuss acquisition and disposition of property. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by James L. Longerbeam, seconded by w. Harrington Smith, Jr., to withdraw from Executive Session. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by James L. Longerbeam, seconded by w. Harrington Smith, Jr., to reconvene into Regular Session. 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 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye THERE BEING NO FURTHER BUSINESS, THE BOARD OF SUPERVISORS ADJOURNED. ...~ 525