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HomeMy WebLinkAboutMarch 23 2011 Regular Meeting Minutes236 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 23, 2011, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Dan Hesse, Harvesters of Hope, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had no additions to the agenda. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved the agenda as presented. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Proclamation Declaring April 10 -16, 2011 as National Telecommunicator's Week — Tab D; and - Parks and Recreation Commission Report — Tab H. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 237 PUBLIC HEARING - FISCAL YEAR 2011 -2012 BUDGET Administrator Riley advised this was the public hearing on the proposed Fiscal Year 2012 budget. He briefly reviewed the budget timeline. He noted the budget cycle began when the Board of Supervisors set the tax rates for the upcoming year at its February 2, 2011 budget work session when a majority of the Board members chose Budget Scenario A, which permitted current level expenditures and fund balance funding along with a revenue neutral real estate tax rate. During the same budget work session, several Board members discussed concern with a "safe level" of unreserved fund balance funding. It was discussed that if fund balance was not replenished at year -end by $4.3 million, which was used in the current year budget, work sessions would continue after the beginning of the fiscal year to reduce the FY 2012 budget if needed to replenish fund balance to a "safe level ". He went on to say the Government Finance Officers Association recommends 15 percent of general fund revenues be allocated to general fund unreserved fund balance. This would equate to a recommended general fund unreserved fund balance of approximately $18 million. He the reviewed significant issues regarding past budgets include: - July 2011 will be 3 years since salary increases for county employees; - Outside agencies— 15% reduction in FY 2010 and 10% reduction in FY 2011; - Total budgeted county workforce down by 63 positions since FY 2009; - Sheriff's Department and Fire & Rescue down by 4 positions since FY 2009; - General Fund transfer to Schools down by 6.7% since FY 2009; - General Fund (excluding schools) down by 7.9% since FY 2009; - General Fund share to Regional Jail has increased by $599,000 since FY 2009 even though the Jail budget in total has decreased; - No capital purchases budgeted in General Fund since FY 2008; - Budgeted real property and personal property tax revenue has remained constant since FY 2009; Administrator Riley noted over the last four years the total county population increased by 5,356 residents or 7.3 %. School student population increased by 447 students or 3.5% during this same time. He went on to explain that over the past four budgets, per capita costs have decreased. The proposed FY 2012 fiscal year's per capita cost is below the FY 2006 per capita costs, which is the lowest it has been in seven years. He then showed a General Fund per capita Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 238 cost comparison with other localities of like size and population. The proposed per capita cost of $1,607 for Fiscal Year 2012 was the median per capita cost in the comparison. Administrator Riley also briefly reviewed foreclosure and unemployment information for Frederick County. The FY 2012 proposed general fund budget is $125,849,938 which is a $238,000 increase over the current year. This takes into account the Board's desire to use a revenue neutral tax rate. All school transfers were kept at present level funding. All outside agency contributions were kept at present level funding. The General Fund budget for Fiscal Year 2012 totaling $125,849,938, is an increase of $238,597 or .19 %. This increase is attributed to several minor revenue adjustments. The largest adjustment is in State Revenue which increased by $137,000. Federal Revenue decreased due to the elimination of forfeited asset revenue. He went on to say several revenue sources not budgeted in Fiscal Year 2011 were budgeted in Fiscal Year 2012. A 911 Grant in the amount of $60,000, Purchasing Card Rebate in the amount of $50,000, and Payments in Lieu of Taxes in the amount of $26,000 are all new revenue sources for Fiscal Year 2012. Administrator Riley explained revenue history was analyzed and several areas were increased. Revenue collected by the Treasurer's Office for dog licenses was increased by $10,000. Rent payments collected by Frederick County for use of office space in the county administration building were increased by $74,681. The State Compensation Board reimbursement to the Commissioner of the Revenue, Treasurer, Registrar and Electoral Board was increased by $18,344. Street Light revenue was also increased by $29,567. A reduction in General Fund budgeted revenue was also included in the amount of $29,995 for forfeited assets, which was eliminated due to this expense being removed from the General Fund budget. Administrator Riley then reviewed changes to the various funds: - General Administration increased by $33,815 due to reclassifications in the Information Technology Department, elimination of an Assessor in the Reassessment Office, reductions to health insurance costs, the inclusion of Line of Duty Program expenses, and a reduction in the Comprehensive Services Act transfer. - Judicial Administration decreased by $38,128 due to the reduction in the General Fund's contribution to the Detox Center and decreases in health insurance costs. - Public Safety increased by $171,671. This is the net increase made up of the increase in the Jail contribution, the elimination of a Permit Technician in Inspections, decreases in health insurance costs, and the inclusion of vehicle lease payments for the Sheriff. - Public Works decreased by $73,178. This is made up of an increase in street light expense, elimination of a Civil Engineer in the Engineering Department, and reductions in health insurance costs. Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 239 Miscellaneous increases represent funds that are unallocated at this time. He then reviewed the following list of expenditure changes for the General Fund: - Replace batteries on voting machines - $20,424 - Reduce County Detox Center Funding - $27,535 - Increase vehicle lease expense for the Sheriff's Office - $58,729 - Budget Line of Duty Program expenses - $73,335 - Reduce transfers to the Comprehensive Services Act Fund - $100,000 - Increase funding to the Northwestern Regional Adult Detention Center - $344,681 - Added one position and deleted 3.5 positions in the General Fund for a net decrease of $20,000 - Reduce health care costs - $193,261 - Eliminate Incentive Pay - $15,000 - Freeze Career Development Costs - $67,334 Administrator Riley advised that over the last five years, the total General Fund budget has decreased by $6.4 million or 4.8 %. Over the past four years, the General Fund budget has decreased by $9.2 million or 6.8 %. The General Fund was at its highest level in Fiscal Year 2009 at $135 million. He then reviewed the other funds proposed for FY 2012 and noted that most funds show a decrease from the previous year. He went on to say this showed the commitment of staff to work within limited resources and during severe economic fluctuations. The only increase shown was in the Landfill Fund. This increase was primarily due to capital projects proposed for FY 2012 to include: - Clarke County Property Improvements which include stormwater ponds, berms and fencing in order to use the borrow area - $500,000; - CDD Cell Development— 10 acres at a cost of $200,000 per acre - $2,000,000; - Stormwater Management System Improvements which consist of a detention pond at #2 stormwater monitoring location - $50,000; - Permit 440 Leachate Collection Basin Upgrade - $350,000; - Gas Wellfield Improvements consisting of the installation of five new gas wells - $125,000. Administrator Riley noted several unknown factors remain which might need to be revisited in the future: Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 240 - Fund Balance — Will be reviewed to maintain Government Finance Officers Association's recommended level. - Salary Increases — We will continue to strive to retain our workforce. - Economy — Hopefully a recovering economy is imminent but such a recovery will be slow and cost cutting measures may still need to be considered. - Revenue — Will continue to be monitored on a regular basis. - The state is proposing reducing the fee for food establishment permit renewals. This could affect the state share to the local health department which in turn could affect the county contribution amount to the health department. - Line of Duty costs continue to be a moving target at this point. - There will be a budget work session on March 30 to address any concerns or answer questions before the adoption of the budget on April 13. He concluded by saying "we present a balanced budget with a revenue neutral real estate tax rate of $0.545 and a personal property tax rate of $4.86. With this proposed fiscal plan, I am confident that Frederick County will be able to deliver the necessary services to our community and meet our citizens' needs." Chairman Shickle convened the public hearing. Stuart Wolk, Chairman of the Frederick County School Board, appeared before the Board and read the following statement: "Good evening. I am Stuart Wolk, Chairman of the Frederick County School Board. On behalf of the School Board, I want to voice appreciation for your continued support of our school division and reiterate some of the challenges we will have to face together in the coming year. Thank you for your willingness to meet with the School Board in order to learn more about our budget and the challenges we face as we serve more than 13,000 students each day. We appreciate your desire to understand the issues we face so that we can work together to find solutions, plan for the future and serve the county's taxpayers well. We are especially grateful for your decision to support a revenue - neutral real estate tax rate and maintain level funding for the school division again in FY12. Your support has allowed the Superintendent to propose a budget that does not include any further job losses or program reductions. As we complete work on the FY12 budget, we are keeping a close eye on FY13 forecasts. Unfortunately, they don't look good. In addition to the loss of federal stimulus funds which will have to be offset to preserve jobs, we also are expecting a sharp increase in our required payment to VRS. The shortfall for FYI is currently projected at $9.7 million. With this in mind, the School Board would like to open a dialogue with you later this summer, so that we can begin to plan for the fiscal challenges that lie ahead. We have managed to handle a number of financial storms over the past several years, but the storm clouds have not yet passed. Working together, we may be able to determine how to best provide students with the education they need and county residents with the basic services they've come to expect. A quality public education system is one of a community's keys to economic growth and a good quality of life. Strong public schools are important, and local control of public schools also is important. We appreciate your awareness of frustrations caused by ever growing federal requirements funded through state and local dollars. Thank you again for supporting our students and all those who teach and assist them. Undoubtedly, it will take our combined efforts to ensure that our schools and our community continue to thrive. " Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 241 There being no. more citizen comments, Chairman Shickle closed the public hearing. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the minutes from the February 23, 2011 joint work session with the Frederick County Finance Committee. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the February 23, 2011 regular meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR MARCH 2011 — JUSTIN R. CHAPMAN - (RESOLUTION #040 -11) - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved Justin R. Chapman as employee of the month for March 2011. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 242 WHEREAS, Justin R. Chapman, who serves as a Motor Equipment Operator with Shawneeland Sanitary District was nominated for Employee of the Month; and, WHEREAS, Justin R. Chapman is deserving of this special recognition because of his dedication to help others within his community. After working a long shift, plowing snow, Justin picked up a mother and her young son of Shawneeland when their car had become disabled and drove them home. This is one of the many occurrences of Justin's dedication to the community in which he lives and works. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 23` day of March, 2011, that Justin R. Chapman is hereby recognized as the Frederick County Employee of the Month for March 2011; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Justin R. Chapman for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Justin R. Chapman is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PROCLAMATION ( #001 -11) DECLARING APRIL 10 -16, 2011 AS NATIONAL TELECOMMUNICATOR'S WEEK — APPROVED UNDER CONSENT AGENDA WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 10 -16, 2011 to be National Telecommunicator's Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. ADOPTED this 23rd day of March, 2011. Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 243 COMMITTEE APPOINTMENTS APPOINTMENT OF RON CLEVENGER TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board appointed Ron Clevenger to the Conservation Easement Authority. This is a three year appointment, said term to expire March 23, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Miller Milling Co. $27,528.76 for an adjustment to machinery and tools tax as a result of appeal of intangible shipping equipment. The county attorney has reviewed this request and the refund appears justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Virginia CVS Pharmacy $8,233.39 for an adjustment to an inaccurate business license filing for the new store on Senseny Road. The county attorney has reviewed this request and the refund appears justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the refund request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 244 Gene E. Fisher Aye Gary A. Lofton Aye MEMO AND RESOLUTION ( #041 -11) RE: REGIONAL JAIL ENERGY PERFORMANCE CONTRACT PROPOSAL - APPROVED Administrator Riley advised this was a request that the Board adopt a resolution consenting to the issuance of revenue obligations by the Northwestern Regional Jail Authority as required for participation in an Energy Performance Contract Proposal. The obligations total $514,312. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the Resolution of the Board of Supervisors of the County of Frederick, Virginia, Consenting to the Issuance of Revenue Obligations by the Northwestern Regional Jail Authority Pursuant to the Second Amended and Restated Regional Jail Agreement and Other Matters in Connection Therewith. WHEREAS, the Counties of Clarke, Fauquier and Frederick, Virginia, and the City of Winchester, Virginia (collectively, the "Participating Jurisdictions "), have created the Northwestern Regional Jail Authority (the "Authority ") pursuant to Chapter 3, Article 3.1 of Title 53.1 (the "Act ") of the Code of Virginia, 1950, as amended (the "Code "), for purposes of owning and operating the Northwestern Regional Adult Detention Center (the "Regional Jail "); WHEREAS, the Participating Jurisdictions and the Authority have entered into a Second Amended and Restated Regional Jail Agreement dated as of June 1, 2005 (the "Jail Agreement "), providing for the ownership, operation and financing of the Regional Jail; WHEREAS, the Authority proposes to undertake certain capital improvements to the Regional Jail, consisting of various energy conservation and performance improvements (the "Project "); WHEREAS, to finance the Project, the Authority proposes to issue an additional series of Obligations (as defined in the Jail Agreement) (the "2011 Obligations ") payable from and secured by amounts derived from the below- described Participating Jurisdiction Obligations in accordance with the terms of the Act and the Jail Agreement; WHEREAS, pursuant to Sections 4 and 6.F. of the Jail Agreement, the Participating Jurisdictions have each agreed to pay to the Authority amounts sufficient to pay when due its respective share of the principal of and interest on the Obligations, including the 2011 Obligations, based upon the "Allocation Formula" set forth in Section 4.A. of the Jail Agreement as such Allocation Formula may be adjusted pursuant to Section 6.1 in the event the Authority lacks sufficient funds to pay scheduled debt service on the Obligations or certain other costs (the "Participating Jurisdiction Obligations "); WHEREAS, the Authority has determined it is in the best interest of the Authority to sell the 2011 Obligations to the Virginia Resources Authority ( "VRA "); and WHEREAS, the Authority has requested the consent of the Participating Jurisdictions to the issuance of the 2011 Obligations as provided in Section 3 of the Jail Agreement and VRA has required the Participating Jurisdictions to enter into certain agreements and to acknowledge certain matters as conditions to VRA's purchase of the 2011 Obligations; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS (THE "BOARD ") OF FREDERICK COUNTY, VIRGINIA (THE "COUNTY "): Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 245 1. The "Board" approves and consents to the undertaking of the Project, the issuance of the 2011 Obligations by the Authority in a principal amount not to exceed $575,000 in accordance with Section 3 of the Jail Agreement, the use of the proceeds of the 2011 Obligations to finance the Project and the costs of issuance related to the 2011 Obligations and the sale of the 2011 Obligations to VRA. 2. The "Board" (i) acknowledges that the 2011 Obligations will be payable from and secured by amounts derived pursuant to the Participating Jurisdiction Obligations, (ii) acknowledges that VRA would not purchase the 2011 Obligations without the security and credit enhancement provided by the Participating Jurisdiction Obligations, (iii) acknowledges that both the 2011 Obligations and the Participating Jurisdiction Obligations are "local obligations" within the meaning of Section 62.1 -199 of the Code, (iii) agrees that VRA is a third party beneficiary of the Jail Agreement, and (iv) agrees that the Jail Agreement may not be modified or amended without VRA's prior written consent. 3. For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended, the "County" irrevocably agrees that the amount of the 2011 Obligations shall be allocated to each Participating Jurisdiction in the same proportion that each Participating Jurisdiction has been allocated payment responsibilities under the "Allocation Formula," determined for Fiscal year ending June 30, 2012, under the Jail Agreement with respect to the 2011 Obligations. 4. The County Administrator is hereby authorized and directed to execute and deliver such other documents as are necessary to enable the Authority to finance the costs of the Project, including, but not limited to, any agreements or certificates requested by VRA. Any other County official so designated by the County Administrator is hereby similarly authorized and directed to execute and deliver such other documents. 5. All other acts of the officers of the "County ", heretofore or hereafter taken, that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the 2011 Obligations by the Authority and the undertaking of the Project, are hereby approved, ratified and confirmed. 6. Nothing in this Resolution or in the Jail Agreement is or shall be deemed to be a lending of the credit of the "County" or other Participating Jurisdictions to the Authority or to any holder of any of the 2011 Obligations or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the "County" or the other Participating Jurisdictions within the meaning of the Constitution of Virginia. 7. This Resolution shall take effect immediately. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 22, 2011. Members present were: Charles Sandy, Jr., Ronald Madagan, Marty Cybulski, and Patrick Anderson. Items Requiring Board of Supervisors' Action None. Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 246 Submitted for Board Information Only 1. Meeting Date, Time, and Place — The Commission will continue to meet the third Tuesday of each month at 7:00 p.m. in the first floor conference room, 107 N. Kent St. 2. Fiscal 2012 Proposed Budget — Mr. Cybulski moved to accept the Department's operating budget request for 2011 -12 as submitted, second by Mr. Madagan, carried unanimously (4 -0). Mr. Cybulski moved for staff to present the Commission at the May 2011 meeting a prioritized list of needs for fiscal year 2011 which would go to the County Administrator for approval to purchase items if there is projected returned money, second by Mr. Madagan, carried unanimously (4 -0). 3. Fiscal 2012 Work Program — Mr. Anderson moved to approve the work program as submitted, second by Mr. Cybulski, carried unanimously (4 -0). Standing Committee Reports 1. American Little League Scoreboards — The Buildings and Grounds Committee recommended to postpone the American Little League Association's request to install scoreboards with sponsor advertisement at Clearbrook Park until the department can develop a policy on advertisement signage, second by Mr. Anderson, carried unanimously (4 -0). LANDFILL OVERSIGHT COMMITTEE REPORT - APPROVED The Landfill Oversight Committee met on Wednesday, February 23, 2011 at 8:00 a.m. All committee members were present. The following items were discussed: ** *Item Requiring Action * ** 1. Greenhouse Gas Contract Amendment - Approved The committee reviewed and unanimously endorsed a revised greenhouse gas agreement between Frederick County and CAMCO Offsets I, LLC who purchased the rights, title and interest to the original contract from Greenhouse Gas Services. The attached memorandum from the Environmental Manager, Ron Kimble, highlights the major modifications to the original contract (Attachment 1) Chairman Shickle asked if the proposed contract was in good order. County Attorney Rod Williams responded yes. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the revised Greenhouse Gas Agreement between Frederick County and CAMCO Offsets I, LLC. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Environmental Protection Agency (EPA) Award The landfill's gas to energy project won the 2010 project of the year award through the Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 247 EPA's Methane Ourtreach Program. Mr. Kimble explained that our project was one of sixty projects submitted from throughout the United States related to the use of methane gas for beneficial purposes. Our project won the award in part, because it will be operated by our landfill staff and it was paid for without borrowed funds. Landfill Environmental Manager Ron Kimble appeared briefed the Board on the EPA Award presented to the county for the landfill's gas to energy project. 2. Fiscal Year 2011/2012 Budget The staff presented the proposed Fiscal Year 2011/2012 budget with an emphasis on estimated revenue and capital improvement projects. The attached budget package will be forwarded to the board of supervisors for informational purposes (Attachment 2). FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, March 16, 2011 at 8:00 a.m. Member Gary Lofton was absent. Items 2 and 5 were approved on consent agenda. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $ 19,670.45. No local funds required.- Approved This amount represents the following: a. $500 from the Corp of Engineers for the use of the firing range to be used for firing range maintenance and repairs. See attached memo, p. 1; b. $10,411.43 from the Sheriff's sale to be used for the purchase of radios to meet 2013 FCC mandates. See attached memo, p. 2; c. $5,537.14 from an insurance reimbursement to be used to repair the damaged vehicle. See attached memo, p. 3; d. $120 from donations for the DARE program. See attached memo, p. 4; e. $3,101.88 from State Forfeited Asset proceeds for the purchase of a vehicle for the Drug Task Force. See attached memo, p. 5. The committee recommends approval of all items. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 248 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $6,060 This amount represents funds from the VDMME for environmental education outreach. No local funds required. See attached memo, p. 6. — Approved Under Consent Agenda 3. The Planning Director requests a Fund 27 supplemental appropriation in the amount of $206,686 This amount represents remaining bond fund received for Red Bud Run to complete secondary street work in accordance with VDOT standards. Work is expected to be completed within the next 12 months. See attached memo, p. 7. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 4. The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $12,581 This amount represents Star Fort fees collected to be disbursed to the SVBF. See attached memo, p. 8. Mr. DeHaven abstained from this item. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request. Supervisor DeHaven advised he would abstain from this item because he sits on the Shenandoah Valley Battlefield Foundation board. The motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Abstain Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 5. The Finance Director requests a General Fund supplemental appropriation in the amount of $2,783 This amount represents funds received from the Newton B. Shingleton Trust to be used for the benefit of fire & rescue companies. No local funds required. See attached letters, p. 9. — Approved Under Consent Agenda 6. As requested at the February 23, 2011 Budget Work Session, MOUs between the City and the County are provided for discussion. See attached, p. 10 -37. The committee recommends scheduling a Joint Finance Committee meeting with the City of Winchester. No action required. Vice - Chairman Ewing noted the audit engagement letter needed to be signed. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 249 authorized the chairman of the Audit Committee to sign the engagement letter with Robinson, Farmer, Cox Associates. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Information Only * ** 1. The Finance Director provides a Fund 10 Transfer report for FY 11. See attached, p. 38 -42. 2. The Finance Director provides the Unreserved Fund Balance report. See attached, p. 43. 3. The Finance Director provides February Financial Statements. See attached, p. 44- 55. PUBLIC HEARING PUBLIC HEARING - PROPOSED A MENDMENTS TO THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION, ARTICLE I, SECTION 155 -3 TAX RETURNS: FAILURE TO FILE. THE PROPOSED AMENDMENT WOULD ESTABLISH A PENALTY FOR FAILURE TO FILE PERSONAL PROPERTY (MOTOR VEHICLES) RETURNS OF 10% OF THE TAX ASSESSABLE NOT TO EXCEED $50 AND NOT BE LESS THAN $2 AND A PENALTY FOR FAILURE TO FILE BUSINESS PROPERTY/MACHINERY AND TOOLS RETURNS OF 10% OF THE TAX ASSESSABLE OR DUE ON SUCH PROPERTY OR $2, WHICHEVER SHALL BE GREATER, WOULD BE RETAINED. - APPROVED Administrator Riley advised this was an amendment to the Frederick County Code, Chapter 155, Taxation, Article I, Section 155 -3 Tax Returns: Failure to File. The proposed amendment would establish a penalty for failure to file personal property (motor vehicles) returns of 10% of the tax assessable not to exceed $50 and not be less than $2 and a penalty for failure to file business property /machinery and tools returns of 10% of the tax assessable or due on such property or $2, which ever shall be greater, would be retained. He went on to say the Code and Ordinance Committee reviewed this proposal and set the fine at 10% or not to exceed $50. Chairman Shickle convened the public hearing. Steve Ward, Tri -State Nissan and a resident of the Stonewall District, stated the tax should be eliminated completely. He stated the County already receives this information and wondered why there was a requirement to notify the County. He concluded by saying this Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 250 proposal creates an unnecessary tax. There being no further comments, Chairman Shickle closed the public hearing. Supervisor Lofton asked Commissioner of the Revenue Ellen Murphy to explain the process involved in filing this return. Commissioner Murphy stated that the information sent to the County is received by the Commissioner of the Revenue's Office. She went on to say this penalty covers those instances when the DMV information downloads do not come to her office. This can occur when a title is changed or if the vehicle identification numbers are not accurate. She stated there would be a period of time where the County is not collecting that revenue. Chairman Shickle stated this penalty was "a sore spot" for him. Supervisor Collins asked the commissioner if she was able to waive this penalty. Commissioner Murphy responded the penalty could be waived for the first offense. Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board approved the amendment to Section 155 -3 (Tax returns; failure to file) of Article I (General Provisions) of Chapter 155 (Taxation) of the Code of Virginia. The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155 -3 (Tax returns; failure to file) of Article I (General Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155 -3 (Tax returns; failure to file) of Article I (General Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows (deletions are shown in held-strikethrough and additions are shown in bold underline) CHAPTER 155, Taxation ARTICLE I, General Provisions § 155 -3. Tax returns; failure to file. A. The annual return of taxable tangible personal property and mobile homes for the County shall be filed with the Commissioner of Revenue for the County on or before the 15th day of February of each year, except as stated in Subsections D and E; provided, further, that the annual return of taxable personal property for any motor vehicle, trailer, airplane or boat acquired after January 1 shall be filed with the Commissioner of Revenue on or before the 15th day of February of each year or within 60 days from the date of acquisition or situs in the County, whichever occurs later. B. The annual return of taxable machinery and tools, furniture and fixtures employed in a business or trade for the County shall be filed with the Commissioner of Revenue for the County on or before the 15th day of March of each year; provided, further, that the annual return of taxable machinery and tools, furniture and fixtures acquired after January 1 shall be filed with the Commissioner of Revenue on or before the 15th day of March of each year or within 60 days from the date of acquisition or situs in the County, whichever occurs later. C. A penalty for failure to file such return as required in Subseetion " by this section & shall be assessed as follows: (1) As to a return required by subsection A, at the rate of 10% of the tax assessable or due on such property, provided that such penalty shall not be less than Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 251 a minimum of $2 and shall not be more than a maximum of $50; and (2) As to a return required by subsection B, at the rate of 10% of the tax assessable or due on such property or $2, whichever shall be the greater. D. Notwithstanding the provisions of § 155 -3A, Frederick County provides for an alternative method of filing personal property tax returns for motor vehicles, trailers and boats. Such motor vehicles, trailers and boats may be assessed annually based on a previous personal property tax return filed by the owner or owners of such property. For those whose name or address has not changed since a previous filing and whose personal property has had no change in status or situs, the assessment and taxation of property shall be based on a personal property tax return previously filed with Frederick County, which hereby adopts this alternative method of filing. E. Such owner or owners of motor vehicles, trailers and boats must file a new personal property tax return whenever there is: (1) A change in the name or address of the person or persons owning such taxable personal property; (2) A change in the situs of personal property; (3) Any other change affecting the assessment or levy of the personal property tax on motor vehicles, trailers or boats for which a tax return has been filed previously; or (4) Any change in which a person acquires one or more motor vehicles, trailers or boats and for which no personal property tax return has been filed. Enacted this 23 day of March, 2011. Chairman Shickle stated this was a filing penalty, not payment penalty. Supervisor Fisher stated the penalty ought to be waived for a first time offense. Supervisor Lofton stated the committee did have some concern, but after hearing about the waiver for first time offenders they were okay. Supervisor DeHaven stated this penalty applies for failure to file, but there is also a penalty for non - payment of taxes. Vice - Chairman Ewing stated he did not like to see additional taxes, but he agreed with Supervisor Lofton that this was a deterrent. There being no further discussion, the amendment was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Nay Gary W. Dove Nay Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE ESTAB LISHING TAXES AND CHARGES FOR THE LAKE HOLIDAY SANITARY DISTRICT FOR THE 2011 ASSESSMENT YEAR. THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, ACTING AS THE GOVERNING BODY OF THE LAKE HOLIDAY SANITARY DISTRICT (THE "SANITARY DISTRICT "), WILL Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 252 HOLD A PUBLIC HEARING ON A PROPOSED ORDINANCE ENTITLED "ORDINANCE ESTABLISHING TAXES AND CHARGES FOR THE LAKE HOLIDAY SANITARY DISTRICT FOR THE 2011 ASSESSMENT YEAR." THE PROPOSED ORDINANCE WILL ESTABLISH TAXES AND CHARGES APPLICABLE TO THE SANITARY DISTRICT FOR THE 2011 ASSESSMENT YEAR IN CONNECTION WITH THE UNDERTAKING OF THE RECONSTRUCTION OF THE LAKE HOLIDAY DAM SPILLWAY (THE "PROJECT "). THE PROPOSED TAXES ARE $663 FOR EACH BUILDABLE LOT IN THE SANITARY DISTRICT AND $249 FOR EACH MEMBERSHIP LOT IN THE SANITARY DISTRICT. THE PROPOSED CHARGE ON EACH LOT IN THE SANITARY DISTRICT IS $15. THE RATES AND AMOUNTS OF THE PROPOSED TAXES AND CHARGES ARE ESTIMATED TO BE SUFFICIENT TO PAY THE DEBT SERVICE ON BONDS TO BE ISSUED BY THE SANITARY DISTRICT IN THE MAXIMUM PRINCIPAL AMOUNT OF $10,000,000 TO FINANCE THE PROJECT AND THE COST OF BILLING AND COLLECTING SUCH TAXES, AMONG OTHER COSTS AS DESCRIBED IN THE PROPOSED ORDINANCE. - APPROVED Assistant County Administrator Kris Tierney addressed the Board regarding this item. He advised that in October 2009 the Frederick County Circuit Court created the Lake Holiday Sanitary District in response to a petition filed by residents seeking assistance with the financing of required spillway improvements. In June 2010, the Board and Lake Holiday Country Club entered into an agreement to work together to secure financing for spillway. In November 2010, a referendum on borrowing up to $10 million to fund the dam repairs was passed by the residents /lot owners residing in Lake Holiday. He went on to say staff has worked with the Lake Holiday Sanitary District Working Committee to secure financing and coordinate the spillway construction. To date, eight bidders have been pre - qualified, bid requests were sent out on March 10` and are due April 19`". He went on to say the Lake Holiday Sanitary District received approval from the Virginia Resources Authority (VRA) to participate in the Spring pooled bond financing. Under the VRA financing, the first interest payment would be due in October 2011. In order to meet that obligation the Board needs to set the Sanitary District tax so it can be billed as part of the upcoming June collection. Assistant Administrator Tierney explained the Sanitary District Working Committee met in February and developed recommended taxes and charges. The assumptions developed by the working committee included: - Borrowing the full $10 million bond amount; - estimated spillway construction cost around $7.5 million; - 1 year debt service reserve fund of around $900,000; - Miscellaneous fees to include bond counsel, financial advisor, underwriter fees, inspections /testing, geo -tech, access road, etc.; - Interest rates are unknown until bond package goes to market in May; however, the committee assumed a "worst case" rate of 7.5 %; Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 253 - Used a tiered assessment consistent with Lake Holiday Country Club Property Owners' Association fees where membership lots pay a 3/8 share of the full assessment paid by buildable lots; - Delinquency rates were assumed 7% and 40% for buildable and membership lots, respectively; - To meet the obligation payments, the proposed sanitary district tax would need to be: ■ $663 buildable ■ $249 membership ■ $15 per lot, per year charge proposed to cover collections and billing. ■ Total taxes and charges $678 for buildable lots and $264 for membership lots. Assistant Administrator Tierney went on to say if the Board sets the outlined taxes and charges then billing and collections would begin this spring. He advised that staff would be back before Board in April requesting authorization of bond sale and financing agreement. Bids would be reviewed on April 19, 2011 and VRA would be notified by May 1, 2011 of the actual amount to be financed. He concluded by saying each year, as part of the budget cycle, the Board of Supervisors will have the opportunity to adjust rates as appropriate. Supervisor DeHaven asked about the $15 fee and whether this fee would be taken off of the top or per bill rendered? Assistant Administrator Tierney responded there was room for interpretation as to whether this fee come off of the top or based on bills collected. Supervisor DeHaven asked if there was room for interpretation could any difference be made up with a fee adjustment? Assistant Administrator Tierney noted the rate could be adjusted if deemed appropriate to close the funding gap. County Attorney Rod Williams advised the rate could be adjusted each year. Chairman Shickle stated he wanted to be assured the $15 fee would be part of the delinquent collection and not billed to the sanitary district. Assistant Administrator Tierney responded that in order for this process to work the $15 fee must come out of collections versus being delinquent. County Attorney Williams advised the Board that the ordinance does not address the matter one way or the other. Supervisor DeHaven asked the county attorney to recommend language to the Board that would address the issue now. Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 254 Chairman Shickle convened the public hearing. Dave Buermeyer, President of Lake Holiday Country Club Property Owners' Association, expressed his appreciation for the support the community received from the Board. He stated they paid a lot for design to increase the spillway capacity. There being no further public comments, Chairman Shickle closed the public hearing. County Attorney Williams offered the following amended language for item 2 (c) in the ordinance: "The Sanitary District charge for the 2011 assessment year is $15 per lot, which is payable to the County Treasurer, regardless of whether the actual payment is received for each lot, for the provision of billing and collection services in the Sanitary District. " Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the Ordinance Establishing Taxes and Charges for the Lake Holiday Sanitary District for the 2011 Assessment Year with the addition of the amended language for provision 2 (c) as prepared by the county attorney. WHEREAS, the Lake Holiday Country Club, Inc. ( "LHCC "), is the property owners association for the Lake Holiday Country Club Subdivision ( "Subdivision ") located in the County of Frederick, Virginia (the "County "); and WHEREAS, the Lake Holiday Dam (formerly known as the Summit Dam) (the "Dam ") was completed in 1971 to create a 240 -acre lake ( "Lake Holiday "); and WHEREAS, LHCC is the owner of the Dam, which it operates under a Conditional Certificate from the Commonwealth of Virginia Department of Conservation and Recreation Division of Dam Safety as a result of the failure of the Dam's spillway to meet applicable standards; and WHEREAS, Lake Holiday is primarily a recreational facility, but also serves as a drainage facility for the Subdivision and supplies water to two dry hydrants (the "Dry Hydrants ") which are owned by LHCC and are actively maintained and used for pumping water out of Lake Holiday to fight fires in the Subdivision; and WHEREAS, the Lake Holiday Sanitary District (the "Sanitary District ") was created by Order of the Circuit Court of the County of Frederick, Virginia entered on October 29, 2009 (the "Order "); and WHEREAS, the area encompassed by the Sanitary District is specifically described in the Order, but in general encompasses the Subdivision; and WHEREAS, the Board of Supervisors of the County serves as the governing body of the Sanitary District (the "Governing Body ") pursuant to Chapter 2 of Title 21 of the Code of Virginia of 1950, as amended (the "Sanitary Districts Act "); and WHEREAS, the Governing Body and LHCC have entered into an agreement dated June 9, 2010 (the "Project Agreement "), under which, among other things, (i) the Governing Body and LHCC committed to work together in securing financing for the reconstruction of the Dam spillway in order to bring the Dam into compliance with applicable standards (the "Project "), (ii) LHCC agreed as the owner of the Dam and Lake Holiday to be responsible for the maintenance, preservation and operation of the Dam and Lake Holiday and all other common areas and properties within the Sanitary District, (iii) the Governing Body agreed upon the satisfaction of certain conditions to request a referendum of eligible voters within the Sanitary District regarding the issuance of bonds to cover the estimated costs of the Project, and (iv) it was Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 255 anticipated that the Governing Body would fix and prescribe an annual tax or charge upon all property in the Sanitary District subject to local taxation and apply the monies derived therefrom to retire the debt incurred for the Project and to fully cover the costs associated with the revenue collection and administration of the Sanitary District incurred by the County; and WHEREAS, a majority of the voters in the Sanitary District voting in a special election held on November 2, 2010, approved the issuance of the Sanitary District's bonds in the maximum amount of $10,000,000 (the "Bonds ") to finance the Project and the Governing Body intends to cause the Sanitary District to issue the Bonds by June 30, 2011; and WHEREAS, Sections 21 -118 and 21 -118.4 of the Sanitary Districts Act grant certain powers and duties to the Governing Body for use in the administration of the Sanitary District, including without limitation the powers to (i) construct, reconstruct, improve, maintain and operate water supply, drainage and fire - fighting equipment and systems for the use and benefit of the public in the Sanitary District, (ii) construct and maintain recreational facilities, (iii) fix, prescribe, make and change rates of charge for the use of such systems or facilities and to provide for the collection of such charges, (iv) levy and collect an annual tax upon all the property in the Sanitary District subject to local taxation to pay, either in whole or in part, the expenses and charges incident to constructing, maintaining and operating water supply and fire- fighting systems and (v) contract with any person, firm or corporation to construct, reconstruct, improve and/or maintain such systems or facilities; and WHEREAS, Sections 21- 137.1, 21 -137.2 and 21 -138 of the Sanitary Districts Act require the Governing Body, if necessary for the payment of the principal of and interest on the Bonds, to levy an annual tax upon all of the property in the Sanitary District subject to local taxation to pay such principal and interest; and WHEREAS, the Governing Body proposes to establish taxes and charges for the 2011 assessment year within the Sanitary District and has held a public hearing regarding such taxes and charges as required by such section upon notice as provided in Section 15.2 -1427 of the Code of Virginia of 1950, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA, ACTING AS THE GOVERNING BODY OF THE LAKE HOLIDAY SANITARY DISTRICT: Certain Findings The Governing Body hereby finds that: (a) The Dam and Lake Holiday presently constitute and function in whole or in part as water supply, drainage and fire - fighting systems and as a recreational facility for the use and benefit of the public within the Sanitary District and the Project will constitute an improvement to such systems and facility within the meaning of the Sanitary Districts Act. (b) The Dry Hydrants constitute fire- fighting equipment to be used in connection with the fire - fighting system in the Sanitary District. (c) The establishment of the taxes and charges as provided below and the undertaking of the Project as described herein will enhance the safety of properties within the Sanitary District as well as numerous downstream properties and otherwise benefit the inhabitants of the Sanitary District through the promotion of their safety, health, welfare, convenience and prosperity. (d) The taxes and charges set forth below are established at the levels necessary to generate sufficient revenues to pay the anticipated debt service on the Bonds, fund the reserves and provide for the margin of safety anticipated to be required by the Virginia Resources Authority and/or any other purchaser of the Bonds and pay the anticipated costs associated with the billing and collection of the taxes and the administration of the Sanitary District incurred by the County and such taxes and charges are otherwise necessary, fair and reasonable. 2. Establishment of Taxes and Charges for the 2011 Assessment Year (a) The Sanitary District taxes for the 2011 assessment year are as follows: Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 256 (i) $663 for each Buildable Lot in the Sanitary District; and (ii) $249 for each Membership Lot in the Sanitary District. (b) A "Buildable Lot" in the Sanitary District is a lot which on the first day of an assessment year has access to water and sewer utility service and a "Membership Lot" is a lot which does not have such access on the first day of the assessment year. (c) The Sanitary District charge for the 2011 assessment year is $15 per lot, which is payable to the County Treasurer, regardless of whether actual payment is received for each lot, for the provision of billing and collection services in the Sanitary District. 3. Notice The Governing Body will cause notice of the taxes and charges for the 2011 assessment year and all future assessment years to be reported to the County Treasurer, who is responsible for the billing and collection of the taxes and charges as provided in the Project Agreement. 4. Acknowledeement The Governing Body acknowledges that Sections 21- 137.1, 21 -137.2 and 21-138 of the Sanitary Districts Act require the levy of an annual tax upon all property subject to local taxation within the Sanitary District to pay the principal and interest on the Bonds if the net revenues derived from the operation of the systems and facilities of the Sanitary District and the taxes imposed as described above are not sufficient therefore. 5. Severability If any part, section, clause or phrase of this Ordinance, or any individual tax or charge levied hereby, is declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of any other portion hereof or assessment hereunder. 6. Effective Date This Ordinance shall be effective immediately. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye OTHER LAKE HOLIDAY COUNTRY CLUB RELATED ITEM (NON PUBLIC HEARING) RESOLUTION ( #042 -11) AUTHORIZING REIMBURSEMENT OF EXPENSES INCURRED TO THE LAKE HOLIDAY COUNTRY CLUB FOR ACCESS ROAD CONSTRUCTION. - APPROVED Assistant Administrator Tierney appeared before the board regarding this item. He advised that during the period of the spillway construction approximately 70 homes located on the south side of the lake would not be able to access their homes by crossing the dam; therefore, a temporary access has been planned and designed to provide access from the south side of the lake directly to Ebenezer Church Road. The estimated construction cost of the access road is $250,000. Given the timing of the VRA bond issuance, the sanitary district will not receive bond funds until mid -June; therefore, the Lake Holiday Country Club has agreed to provide funding upfront to enable the access road portion of the project to commence prior to the Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 257 bond funds becoming available. Lake Holiday Country Club is seeking assurance that they will be reimbursed by the Sanitary District from the bond funds. Staff is seeking approval of a resolution to provide the requested assurance. Supervisor Lofton asked who would be responsible for the road being built to standards. Assistant Administrator Tierney responded this would be a private road and the project would be administered by the Public Works Department. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the Resolution Agreeing to Reimburse the Lake Holiday Country Club for Certain Expenditures. WHEREAS, the Lake Holiday Sanitary District (the "District ") proposes to finance all or a portion of the costs of the reconstruction of the Lake Holiday Dam spillway (the "Project ") through the issuance of a bond or other financing (the "Bond ") by the District; WHEREAS, the Lake Holiday Dam is owned by the Lake Holiday Country Club (the "Country Club "); WHEREAS, the Country Club proposes to pay certain expenditures in connection with the design and construction of access roads to serve the Project and the Lake Holiday community (the "Access Road Expenditures ") and the Board of Supervisors of the County of Frederick, Virginia (the "County "), acting as the governing body of the District, agrees to reimburse the Country Club for the Access Road Expenditures; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA, ACTING AS THE GOVERNING BODY OF THE LAKE HOLIDAY SANITARY DISTRICT: Reimbursement to Counta Club The Board of Supervisors agrees, on behalf of the District, that a portion of the proceeds of the Bond will be applied by the District to reimburse the Country Club for Access Road Expenditures, provided that the Country Club has provided written notice of the County Administrator of the amount and purpose of any such Access Road Expenditures at least five business days before payment of any such Access Road Expenditures. 2. Further Actions The County Administrator, the County Attorney, and such officers and agents of the County of the District as any of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Bond and the reimbursement of the Country Club as set forth in this Resolution. All actions taken by such officers and agents in connection with the issuance and sale of the Bond are ratified and confirmed. 3. Effective Date This Resolution shall take effect immediately. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 258 DISCUSSION - DRAFT RELIANCE ROAD AREA JOINT LAND USE PLAN - (RESOLUTION #043 -11) - SENT FORWARD FOR PUBLIC HEARING Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He advised that in the spring of 2010 the Town of Middletown approached Frederick County seeking a Boundary Line Adjustment (BLA) between the two jurisdictions. The request was with the support of the major land owners within the proposed BLA area. The County agreed to evaluate the Town's request and convened the Reliance Road Steering Committee. The committee consisted of Supervisors Bill Ewing and Gary Lofton and Middletown Mayor Mark Brown and Councilor John Blaisdell. The Committee identified three steps in the process which might lead to a boundary line adjustment: 1. Adopt a land use plan for the area in question; 2. Evaluate the provisions for water and sewer service in the area; and 3. Evaluate the boundary line adjustment. Director Lawrence advised the concept land use plan called for future business and technology uses. The business use would consist of 44 acres while the technology component would consist of 138 acres. There are no plans for residential uses in this area and the plan does not support increased residential density. He noted a public meeting was held in November 2010 at the Middletown Fire Hall. The Planning Commission discussed this item at its March 2, 2011 meeting. The Planning Commission supported the proposed land uses, but noted both water and transportation improvements should be addressed prior to implementing the land uses identified in the plan. He concluded by saying staff was looking for Board of Supervisors' support and whether it is ready for public hearing. Supervisor DeHaven expressed concern with the proximity of the relocated Buckton Road to Reliance Road. He was also concerned about the maps with mixed use industrial /office. He went on to say we describe this as technology /industrial, but the description gets lost with what we have on the map. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Lofton, the Board directed the Planning Commission to hold a public hearing regarding the Reliance Road Area Joint Land Use Plan. Supervisor Fisher stated the proposed land uses concerned him and he had a lot of other issues; therefore, he was not ready to support the proposed plan. WHEREAS, The Comprehensive Plans and Programs Committee considered and Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 259 discussed the draft plan at their meeting on February 4, 2011; and WHEREAS, the Frederick County Planning Commission considered and discussed the draft plan on March 2, 2011; and WHEREAS, the Frederick County Board of Supervisors considered and discussed the draft plan on March 23, 2011 and finds that it is in the public necessity, convenience, general welfare, and good planning practice, to direct the Frederick County Planning Commission hold a public hearing regarding the Reliance Road Area Joint Land Use Plan; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider adopting the Reliance Road Area Joint Land Use Plan, and forward a recommendation to the Board of Supervisors. Passed this 23 day of March, 2011 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Gene E. Fisher Nay Gary A. Lofton Aye BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS Robbie Molden, Reliance Road, Middletown, advised that his property had been pulled away from the study area, as it was shown on the map, but was not labeled. He went on to say that he had, not been asked to attend any of the meetings. He was curious about why his property was removed. He believed a portion should stay involved and he would like to have his property considered as part of the study. Eric Turrill, Stonewall District and representing Frederick County Little League, inquired if the Parks and Recreation advertising policy had been approved. He stated Parks and Recreation does not currently allow partnerships to advertise on scoreboards. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:05 P.M.) Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11 260 Richard C. Shickle R. Riley, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: Jay E Ti s --- Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 03/23/11