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March 26, 1986 Regular Meeting3 ©5 A Regular Meeting of the Frederick County Board of Supervisors was held Ion March 26, 1986, at 6 :15 P.M., in the Board of Supervisor's Meeting Room, I Frederick County Courthouse, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice- Chairman; I Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William l Orndoff, Jr. Mr. Stiles arrived at 6:26 P.M. CALL TO ORDER The meeting was called to order. INVOCATION In absence of a Minister, everyone observed a moment of silence. ADOPTION OF AGENDA Mr. Riley stated that the request from Parks and Recreation for $27,000 for the Master Plan Bid for Clearbrook and Sherando Parks, that was tabled from the Board Meeting of March 12, 1986, will be discussed when the Board and the Parks and Recreation Commission hold their joint meeting. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Agenda was adopted as submitted. APPROVAL OF MINUTES Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the Budget Worksession of February 10, 1986 were approved. It was noted that in the minutes of February 12, 1986, Page 3, first paragraph should read "Round Hill area" and "Round Hill Fire Hall ", not "Gainesboro area" and "Gainesboro Fire Hall ". Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the Regular Meeting of February 12, 1986 were approved as amended. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the minutes of the Budget Worksession of February 18, 1986 were approved. It was noted that in the minutes of February 26, 1986, on Page 5, the second topic should read "Mrs. Rhoda Maddox, Board Member Representing Gainesboro District, Requested that the Records Show That There is No Relationship Between Her and Mr. Chuck Maddox" and not "She and Mr. Chuck Maddox." RESOLUTION FOR INTERSTATE PROPERTIES LIMITED PARTNERSHIP - APPROVED 3016 Mr. Riley presented this request. Mr. Throckmorton indicated that he would abstain from entering into any discussion or voting on this request. WHEREAS, a public hearing was held by the Industrial Development Authority of the County of Frederick, Virginia (the Authority) on March 19, 1986 in accordance with the provisions of Section 103(k) of the Internal Revenue Code of 1954, as amended (the Code), and Section 15.1- 1378.1 of the Code of Virginia (1950), as amended (the Virginia Code), to consider the application of Interstate Properties Limited Partnership (the Applicant) requesting the Authority to issue up to $1,000,000 of its Industrial Development Revenue Bonds to assist the Applicant in acquiring, constructing and equipping of an expansion to the Applicant's motel and up to $3,650,000 to refund the Authority's outstanding $2,450,000 Industrial Development Bond issued April 11, 1984 and its $1,200,000 Refunding Bond issued December 20, 1985, the proceeds of each such issue were used to finance the cost of acquisition, construction and equipping the Travel Lodge Motel and an expansion thereto located at the intersection of Interstate 81 and U.S. Route 50 in Frederick County, Virginia and having a street address of 1825 Dominion Avenue, Winchester, Virginia 22601; and WHEREAS, after such public hearing, the Authority, find- ing that the project would be consistent with the Virginia Industrial Development and Revenue Bond Act, filed its report with the Board of Supervisors of Frederick County, Virginia (the Board of Supervisors), together with the Fiscal Impact Statement for the project as required by Section 15.1- 1378.2 of the Virginia Code, recommending the approval of the bonds; and WHEREAS, the Board of Supervisors of Frederick County, Virginia consurs with the report of the Authority, NOW, THEREFORE, BE IT RESOLVED, that: 1. The issue of bonds described above is hereby approved by the Board of Supervisors of Frederick County, Virginia, to the extent required by Section 103(k) of the Code and Section 15.1- 1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the project. 2. The approval of the issuance of the bonds, as required by Section 103(k) of the Code and Section 15.1- 1378.1 of the Virginia Code, does not constitute an endorsement of the bonds, the financial viability of the facilities or the creditworthiness of the Applicant, but, as required by Section 15.1 -1380 of the Virginia Code, the bonds shall provide that neither the Commonwealth of Virginia, Frederick County, nor the Authority shall be obligated to pay the bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor and neither the faith, credit nor taxing power of the Commonwealth of Virginia, Frederick County, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately. CERTIFICATE The undersigned Clerk of the Board of Supervisors of Frederick County, Virginia, certifies that the foregoing resolution was approved by the Board of Supervisors at its meeting duly held on 1986, with the following members voting as indicated: Name Vote Clerk, Board of Supervisors of Frederick County, Virginia Date: 1 1986 307 The above was approved by the following recorded vote: Aye - Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and C. William Orndoff, Jr. Thomas B. Throckmorton abstained. APPROVAL IN PART OF REQUEST FROM SANITATION AUTHORITY FOR LAND APPLICATION OF STA BILIZED SEWAGE SLUDGE Mr. Riley presented this request and stated that the Sanitation Authority was requesting authority to land apply stabilized sewage sludge from the Abrams Creek Plant to two farms in Frederick County. The two farms are the Greg Hewitt and Stiles farms. Mr. Stiles arrived at this time and requested Mr. Owings, Vice- Chairman, to continue conducting the meeting inasmuch as he does have an interest in this particular request. Mr. Roger Koontz, County resident and past Board Chairman, appeared before the Board and stated that he had a problem with this sludge going to property belonging to a public official and that this does concern him. Mr. Ambrogi stated that the question is whether sludge is considered a material item and he will research the Code and render an opinion in the next few days. Mr. Everly, Health Department employee, stated that he had no problem with this location from the Health Department's viewpoint but he is not an Attorney. Mr. Stiles stated that he would withdraw his farm for the current year and request a reply from Mr. Ambrogi and if there is no problem with his I farm being used as a site, then he would make it available next year. Mr. Stiles requested that Mr. Riley notify the Health Department of this decision. PLANNING COMMISSION BUSINESS FINAL SUBDIVISION PLAT - LENOIR CITY COMPANY OF VIRGINIA - APPROVED Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the final subdivision plat of Lenoir City Company of Virginia, Jim Wilson parcel, was approved. REPORT ON THE OPEQUON WATERSHED TO BE DISCUSSED AT THE SPECIAL MEETING ON APRIL 7, 1986 3018 Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the Opequon Watershed Report will be discussed after the EPA Public Hearing on April 7, 1986. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A (1) and (6) to discuss Personnel and Legal matters and to also discuss acquisition and disposition of property. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Board reconvened into Regular Session. BOARD RECEIVED SALES CONTRACT ON THE MIDDLETOWN SCHOOL PROPERTY Mr. Stiles stated that the County had received a sales contract on the Middletown School Property and this is scheduled for a public hearing on April 9, 1986. FIRE AND RESCUE COMMITTEE REPORT Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented this report stating that it was for the Board's information and no action was necessary: The Fire and Rescue Committee met on March 17, 1986, at 7 :30 P.M., in the Round Hill Fire Company facility. All Fire Companies were represented. Also present were Bill Orndoff (Stonewall Supervisor), Robbie Rhodes (Back Creek Supervisor) and Bob Harriman. The following items were discussed: I. Items Requiring Board Action None. H. Items Not Requiring Board Action A. Fire Association is to respond to memo from Ad Hoc Committee on the proposed Fire Administrator's position. B. Capital and Fire Fund funding and some suggested ways to utilize them were discussed. The Association was asked to discuss it further and bring back recommendations. 309 C. Greenwood Fire Company's letter was discussed by the Associa- tion at the last meeting and Greenwood has withdrawn the letter. D. House numbering was discussed as to the most effective way to display the numbers. E. Fire Code supplements were given to each Fire Company. F. The next meeting will be held April 21, 7:30 p.m., at the Round Hill (Co. 15) facility. DEPARTMENTAL ANNUAL WORK PROGRAMS Mr. Stiles stated that the Departmental Work Programs were included in the Board's Agenda. He requested that the Board Members review these reports and they will be acted on at the April 9 Board Meeting. The Board recessed at this time until 8:00 P.M. PUBLIC HEARING ON THE PROPOSED BUDGET AND TAX RATES FOR FISCAL YEAR 1986 -1987 Mr. Stiles stated that the proposed Budget for 1986 -87 has been advertised and that a tax increase will be necessary in order to fund this proposed Budget. Mr. Riley read the rules for a public hearing at this time. Mrs. Ann Brown, County representative on the Lord Fairfax Community College Board, appeared before the Board to request that the Board reconsid- er the amount the County will fund the College. As it currently stands, the Board has cut the County's share by 50o and she felt this was an injustice based on the amount of students from Frederick County that attend Lord Fairfax Community College. Dr. Ray Fish, County representative on the Lord Fairfax Community College Board, appeared before the Board and stated that the position the County was currently in because of the State mandate on teachers salaries was somewhat unique to say the least but did not feel the proper approach to this was to take from one pocket and put into another as he felt this was unjust, unfair and perhaps unwise. Dr. William McCoy, President of the Lord Fairfax Community College, appeared before the Board and stated that he hoped the Board would find the means to fund the entire amount as requested by the College. Paul Anderson, Jr. appeared before the Board on behalf of the Farm Bureau and stated that the Farm Bureau does not agree with the State mandate unless the State is willing to fund this mandate. 310 Fran Jeffries, resident of the County, appeared before the Board and stated that she is in favor of the teacher increase even if it did mean taxes would have to be raised to fund this increase. She further stated that she was a teacher, parent and County taxpayer. Madeline Wade, resident of the County, as well as a teacher and parent, appeared before the Board and stated that she would like to clarify a state- ment and some of the figures that appeared in a recent article in the local paper dealing with teachers' salaries. She further stated that she felt Frederick County had some of the best teachers in the Country, and further that she does support the increase for teachers as well as a tax increase. Mrs. Betty Snapp, resident of Back Creek District and Farmer, appeared before the Board and requested that the Board cut the frills from the Budget in order that a tax increase would not be necessary and that she did not feel the County should be paying for an outdoor stadium at Ridge Campus. Mr. Stiles informed Mrs. Snapp that there were no funds in the Budget for payment of a stadium at Ridge Campus. Mr. Roger Koontz, resident of Gainesboro District, appeared before the Board and stated that he felt that education was indeed an area that needed to be funded and he felt this could be done without a tax increase. Mr. Stiles stated that all County Departments have been on the same budget level for three years with the exception of salaries in order not to have a tax increase and that $548,000 would have to be cut from the Budget in order not to have an increase. Mrs. Sandy Ambrose, resident of Shawnee District, appeared before the Board to question the reassessment that is currently going on in the County. Mrs. Ambrose asked if the $600,000 currently set aside for two pools could be used to pay for the amount needed for the increases for teacher salaries. Mr. Stiles explained the reassessment and the fact that this has no effect on taxes for this year and that the mandate for teachers salaries will continue for next year's Budget also. Mr. Hans Nydam, resident of Gainesboro District, appeared before the Board and stated that a 10% increase is nice but felt the County should ignore this mandate from the State and continue funding as they have. Mr. Art Robinson, resident of Back Creek District, appeared before the Board and stated that he was not opposed to a teacher increase but that he was very much opposed to a State mandate. 311 Mr. Riley stated that the County is challenging the validity of this mandate, along with other jurisdictions throughout the State, as to whether or not there is anything the Counties can do. Mr. Paul Anderson, Jr. appeared before the Board once again as a citizen of the County and inquired as to whether or not the County had considered increasing sales tax to off -set this mandate. Mr. Stiles replied that a County within the State of Virginia cannot increase their own sales tax. He stated that the claims made from State level, that they solely fund education in Frederick County is not true, and further that the State feels adequate staffing in Frederick County can be done with 57 less teaching positions than we currently have. Mr. Stiles further stated that of the estimated percent of revenue for public, element- ary and secondary schools from State governments for fiscal year 1984 -85, Virginia funds on the average 34.53% of the cost of operating public schools. Among the 50 States in the Country, Virginia ranks 44, among the 12 Southern States, Virginia ranks 12 and it is currently costing the County 1.56 million per year to fund these additional teaching positions in Frederick County. Mrs. Maddox stated that she felt it would be good if when the press did an article or quote from a particular teacher, that they note how many teachers there are in Frederick County and how many teachers are actively involved in the Frederick County Teachers Association. Mr. Orndoff stated that the teachers that pay dues to the Association and the ones that support it whole heartedly are completely different. Dr. Ray Fish appeared before the Board once again and stated that it would appear to him that the people that we have sent to Richmond apparently feel that they are the ones that make the rules and we are the ones that will abide by them as well as pay for them, and he felt this kind of think- ing at its very best amounts to blackmail and at worst is taxation without representation. Mr. Stiles stated that there could be some modifications to the Budget but the increase could not be any higher than what had been advertised and that the Board would take all comments made at tonight's meeting under advisement before voting on the Budget at the meeting on April 9. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS DO ADJOURN. 312 Cl r Board of Supe isors