September 26, 1984 Regular Meetingx 8 9
A Regular Meeting of the Frederick County Board of Supervisors was held
on September 26, 1984, at 7:15 P.M., in the Board of Supervisors' Meeting
Room, 9 Court Square, Winchester, Virginia.
PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice - Chairman;
Robert M. Rhodes and C. William Orndoff, Jr. Rhoda W. Maddox was absent.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by the Reverend Conrad Christianson of the
Bethel Lutheran Church.
ADOPTION OF AGENDA
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, the Agenda was adopted as presented.
PAUL PARKER REAPPOINTED TO THE SHENANDOAH AREA AGENCY ON
AGING - APPROVED
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, Paul Parker was reappointed to the Shenandoah Area
Agency on Aging, said term to commence on September 30, 1984 and terminate
on September 30, 1988.
REQUEST FROM HARRY G. KING, PRESIDENT OF VIRGINIA
ASSOCIATION OF COUNTIES, RE: RETIREMENT OF GEORGE
R. LONG - REFERRED TO FINANCE COMMITTEE
Mr. Stiles requested that a letter received from Mr. Harry G. King,
President of the Virginia Association of Counties, addressing the retirement
of George R. Long on January 1, 1985, and the request for a contribution
toward the presentation to Mr. Long at the annual meeting in November, be
referred to the Finance Committee.
BOARD ACTION OF AUGUST 20, 1982 WITH REFERENCE TO THE
AVAILABILITY OF COUNTY RECORDS AMENDED
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, the following amended resolution was approved:
BE IT RESOLVED, that the Board establish as their policy
that any records of Frederick County are available to the public as provided
for by the State's Law of Freedom of Information.
Mr. Stiles stated that he would support this resolution but he did feel
Mr. Wells was entitled to the information he was requesting from the
County.
PUBLIC HEARING
RESOLUTION RE: PROPERTY FRONTING ON ROUTE 11 SOUTH KNOWN
AS KERNSTOWN SCHOOL - APPROVED
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, the following resolution was approved:
I, the undersigned, do hereby certify that I am the Clerk of the County
School Board of Frederick County, Virginia, a body corporate pursuant to the
provisions of 22.1 -71, Code of Virginia (1950), as amended; that the
following is a true copy of a resolution adopted by the School Board at a
meeting duly held on the 4th day of September, 1984, at which a quorum was
present and voting; and that such resolution has not been rescinded or
modified:
WHEREAS, the School Board has vacated the building known
formerly as the Kernstown Elementary School and now has no use for the
property and,
WHEREAS, the Board has received an acceptable offer for
purchase of that piece of real property,
BE IT RESOLVED, that all of that certain tract or parcel
of land fronting on Valley Avenue in the city of Winchester, Virginia,
designated as lot #7 in the subdivision of the farm of Jacob Metz, formerly
known as the Kernstown Elementary Schools' Administrative Annex #1, is
surplus and title is hereby directed to be conveyed to the Frederick County
Board of Supervisors under the provision of Section 22.1 -129 of the Code of
Virginia.
IN WITNESS WHEREOF, I have hereunto set my hand and the
seal of the School Board this 4th day of September, 1984.
COUNTY SCHOOL BOARD OF
FREDERICK COUNTY, VIRGINIA
By /s/ James E. Boyd
James E. Boyd, Clerk
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the sale of the Kernstown School property to Molden Real
Estate Corporation was approved.
NEW BUSINESS
RESOLUTION RE: MIDDLETOWN SCHOOL PROPERTY - RETURNED TO
SCHOOL BOARD
Mr. Stiles stated that he felt this resolution should be returned to
the School Board for some tidying up.
The Board concurred with Mr. Stiles' request.
LETTER OF RESIGNATION RECEIVED FROM BOARD MEMBER DAVID
L. SMITH
Mr. Stiles stated that he had received a letter of resignation from
Board Member David Smith. He noted that the letter had been received by him
on September 25th and that Mr. Ambrogi's opinion was that the Shawnee
District seat should be filled within thirty days from the receipt of the
letter. Mr. Stiles further stated that this would be before the second
meeting in October, however he would prefer to do it at the first meeting
which will be October 10th.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, that the Board accept David L. Smith's resignation from
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the Frederick County Board of Supervisors from Shawnee Magisterial District
effective September 25, 1984.
Mr. Owings requested that each Board Member be notified prior to the
Board Meeting of October 10 as to whom the final candidate was in order that
they might have some time to consider the nomination prior to the vote at
the Board Meeting.
Mr. Stiles stated that as far as he was concerned the field was still
very much open for this appointment and that any qualified citizen living in
Shawnee District was welcome to apply for this appointment.
The Board suggested that a Public Notice be run in the two local papers
in order that the citizens of Shawnee District might know of this vacancy.
NEW FEDERAL AND STATE REGULATIONS ON IRB FINANCING -
DISCUSSED
Mr. Horne stated that the most significant point that was brought out
by the new legislation is a per capita cap on the amount of bonds that can
be issued under the legislation. This cap is equal to $150 per capital per
State and in Virginia, that has been divided with 50% of the cap going to
Statewide agencies and 50% going to local jurisdictions. The Statewide
total, based on $150 per capita, is approximately $822,000,000 with
approximately $411,000,000 going to localities. In Frederick County, the
1984 cap would equal $2,610,000 During 1984, the Frederick County
Industrial Development Authority will approve the issuance of $450,000 in
bonds which are subject to this cap. Any unused portion of the cap reverts
to a State Reserve and should a jurisdiction need more than its allocation,
it must apply for a portion of that State Reserve In the most recent year,
this capita cap will not be a limitation on the ability of the Authority to
issue bonds. In preceeding years, however, the Authority has issued bonds
at a level exceeding this per capita cap and therefore, if that trend should
re- establish itself, there would be the necessity for the Authority, with
Board approval, to apply for an allocation from the State Reserve. This
allocation is in no way guaranteed.
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, the following resolution was approved:
WHEREAS, on July 18, 1984, the President of the United States
signed into law the Deficit Reduction Act of 1984 (the "Act ") which placed
certain limitations on the volume of private activity bonds to be issued by
any State;
WHEREAS, pursuant to the authority vested in him pursuant to
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the Act, the Governor of Virginia on July 31, 1984 issued Executive Order
50(84) (the "Order ") providing a formula for the allocation of the State
Ceiling, as defined in the Order;
WHEREAS, Section C.1 of the Order authorizes the Board of
Supervisors (the "Board ") to allocate its portion of the State Ceiling to
the issuing authorities within Frederick County (the "County "), and the
Board desires to allocate its portion to the Industrial Development
Authority of the County of Frederick, Virginia (the "Authority ").
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPER-
VISORS OF FREDERICK COUNTY, VIRGINIA:
1. The Board hereby allocates its entire $2,610,000 portion of the
State Ceiling on private activity bonds to the Authority to be allocated by
the Authority to such projects as the Authority may in its discretion
determine to be in the best interests of the County.
2. The Board further designates the Authority as its authorized
representative pursuant to Section D. 3. of the Order to request allocations
from the State Reserve, as defined in the Order, on behalf of the County.
3. This Resolution shall take effect immediately upon its adoption.
IRB BONDS - ROBERT C. TULLIUS - APPROVED
Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff,
Jr. and passed unanimously, the following resolution was approved:
WHEREAS, the Industrial Development Authority of the County
of Frederick, Virginia (the "Authority "), has considered the application of
Robert C. Tullius (the "Applicant ") requesting the issuance of the
Authority's industrial development revenue bonds in an amount not to exceed
$450,000 (the "Bonds ") to assist in the financing of the Applicant's
acquisition, construction and equipping of an addition to a warehouse and
distribution facility consisting of approximately 12,000 square feet (the
"Project ") to be located on State Road 728, Victory Lane and Route 50, East,
in the County of Frederick, Virginia, and has held a public hearing thereon
on September 12, 1984; and
WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as
amended, provides that the governmental unit having jurisdiction over the
issuer of the industrial development bonds and over the area in which any
facility financed with the proceeds of industrial development bonds is
located must approve the issuance of the bonds; and
WHEREAS, the Authority issues its bonds on behalf of the
County of Frederick, Virginia (the "County "); the Project is to be located
in the County and the Board of Supervisors of the County of Frederick,
Virginia (the "Board ") constitutes the highest elected governmental unit of
the County; and
WHEREAS, the Authority has recommended that the Board approve
the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to the terms to be agreed upon, a
certificate of the public hearing, and a Fiscal Impact Statement have been
filed with the Board;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF FREDERICK, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for
the benefit of the Applicant, as required by Section 103(k) 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 does not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness
of the Project or the Applicant.
3. The Bonds shall not be issued unless it shall have received an
allocation of the State Ceiling (as defined in Executive Order Number 50 of
the Governor of the Commonwealth of Virginia, dated August 1, 1984), and
nothing in this resolution shall be construed as any assurance that such
allocation will be available or, if available, will be made.
4. Pursuant to the limitations contained in Temporary Income Tax
Regulations Section 5f.103-2 (f) (1), this Resolution shall remain in effect
for a period of one year from the date of its adoption.
5. This Resolution shall take effect immediately upon its adoption.
SUBDIVISION REQUEST - MARSHALL LOTS - APPROVED
Mr. Horne presented this request stating that it was for .935 acres
zoned RP (Residential Performance) and that the Planning Commission had
unanimously recommended approval.
Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings
and passed unanimously, the subdivision request for Marshall Lots, in
Shawnee Magisterial District, was approved.
GYPSY MOTH UPDATE
Mr. Riley stated that he and Board Member Will Owings had attended a
meeting in Warrenton on the 25th concerning the Gypsy Moth and that Dr.
DeOms, from the Extension Department, will be attending the Board Meeting on
October 10 to give the Board an update on the Gypsy Moth in the County and
State.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings
and passed unanimously, the Board retired into Executive Session in
accordance with Virginia Code, 1950, Section 2.1 -344, Subsection A (1) and
(6) to discuss personnel and legal matters.
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 Robert M. Rhodes, seconded by C. William Orndoff,
Jr. and passed unanimously, the Board reconvened into Regular Session.
Mr. Stiles stated that he, Mr. Owings and Mr. Riley would be
negotiating with all parties on the Middletown School.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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C�Rl- Boa a bf Supt t(,Wsors