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HomeMy WebLinkAboutMarch 28 2012 Regular Meeting MinutesA Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 28, 2012, at 6:45 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; and Gary A. Lofton, ABSENT Ross P. Spicer. (Arrived 6:47 p.m.) BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Frederick County Board of Supervisors convened in closed session pursuant to Virginia Code §2.2- 3711(A)(7), for consultation with legal counsel and/or briefings by staff pertaining to a litigation matter that has been specifically threatened and which requires the provision of legal advice by legal counsel, where consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the county. 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 Ross P. Spicer Absent Gene E. Fisher Aye Gary A. Lofton Aye (Supervisor Spicer arrived.) BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board came out of closed session and reconvened in Regular Session. 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board certified that to the best of each board member's knowledge the Board discussed only legal Minute Book Number 37 Board of Supervisors Regular Meeting of 03/28/12 s matters, pursuant to Virginia Code Section 2.2- 3711(A)(7), for consultation with legal counsel and/or briefings by staff pertaining to a litigation matter that has been specifically threatened and which requires the provision of legal advice by legal counsel, where consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the county. 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Lofton, the Board approved a supplemental appropriation in the amount of $7,788.07 from the Jail Unreserved Fund Balance and $173,000.00 from the General Fund Unreserved Fund Balance. 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 Ross P. Spicer Nay Gene E. Fisher Aye Gary A. Lofton Aye INVOCATION Supervisor Collins delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised he had no additions to the agenda. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Minute Book Dumber 37 Board of Supervisors Regular Meeting of 03/28/12 Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Proclamation Declaring April 8 -14, 2012 as National Telecommunicators' Week — Tab D; - Proclamation Declaring April 15 -21, 2012 as National Volunteer Week — Tab E; and - Proclamation Declaring April 2012 as Distracted Driving Awareness Month — Tab F. Upon a motion by Supervisor Spicer, seconded by Supervisor Fisher, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING — FY 2012 -2013 BUDGET County Administrator John R. Riley, Jr. presented the proposed FY2013 budget. He advised the FY 2013 proposed general fund budget includes priorities to fund costs associated with the proposed VRS mandated increase, fund the increase to Regional Adult Detention Center, maintaining current staffing levels, and restructuring the current health insurance costs. The first priority associated with the VRS mandate is still unclear at this time and funding has not been identified. He went on to say the presentation would touch on the local economy, fiscal trends and analysis, and revenue outlook for the county. Administrator Riley noted there were indicators that the economy in Frederick County was showing signs of recovery: Sales tax continues to increase at an annual rate of 9 -10 percent; - Below state average unemployment rates; and A slight increase in construction- related permits. He then showed a comparison of tax rates of surrounding localities of which Frederick County had the 3 rd lowest tax rate in comparison to surrounding and similar sized localities. Median income was also presented in comparison to surrounding and similar sized localities. Again, Frederick County fell in the middle by comparison to surrounding and similar sized localities. The presentation then touched on fiscal trends and analysis: The budgeted full time positions for the schools and county government has declined by 56 and non - school positions declined by 67 since 2009. IM Minute Book Number 37 Board of Supervisors Regular Meeting of 03/28/12 IM - The budgeted revenue in the proposed FY 2013 budget includes growth increases in personal property tax and projected increases in sales and lodging tax. The proposed budget does not include increases in property tax rates. - The average assessed value for a single family home in Frederick County is $206,533.00 which equates to an annual real estate tax liability of $1,125.60. The last section of this presentation focused on the proposed FY 2013 budget. Administrator Riley noted development of the proposed FY 2013 budget had several key focuses: - First, the real estate tax burden to county citizens was voted to remain constant. This meant no additional funding from real estate property tax. - State funding continued to remain uncertain throughout the development of the proposed FY 2013 budget. - There was also recognition to share any new additional revenue with the schools on prior year funding allocation levels. He went on to say the goals were, and always have been, to not reduce service delivery to our citizens and to provide a needed workforce that balances affordability to the citizens and accepted response times, which continues to be a challenge for local government. He advised that reductions in workforce have occurred since the FY 2009 budget and this was the fourth year of a budget without salary increases for our employees. He acknowledged this is starting to impact the workforce. He also noted there remained unfunded requests for public safety vehicles and equipment. Administrator Riley touched on other areas of unfunded requests to include projects at Clearbrook and Sherando Parks, reduced funding to outside agencies, and the fire company capital fund. With regard to schools, the student population is expected to increase by 127 students in the proposed FY 2013 budget, The cost per pupil for FY 2013 is expected to be $10,144. The total proposed FY 2013 budget, including transfers is $240,827,942. Of this amount, the general fund budget for FY 2013 is $127,184,304. The total budgeted increase of $1,334,366 is shared proportionally with the school system. Following a review of the proposed taxes and fees for FY 2013, Administrator Riley noted that during the last Assembly session, the House and Senate enacted legislation that requires local government employees to pay the 5 percent VRS member contribution beginning July 1. Local employers must give a 5 percent salary increase to offset the annual contribution. Depending on legislation and implementation, this VRS mandate could cost the non - school Minute Book Number 37 Board of Supervisors Regular Meeting of 03/28/12 1271 funds $403,297. The Governor submitted an amendment that would allow this change to be phased -in over five years. The Governor's amendment will be taken up at the veto session on April 18, 2012. He concluded his presentation and thanked the Board for the opportunity to present the proposed FY2013 budget. Chairman Shickle convened the public hearing on the FY 2013 budget. John Whitfield, Executive Director of Blue Ridge Legal Services, requested additional funding. He advised his organization provided free legal assistance to 205 Frederick County residents. They recovered $55,000 for some of those clients and also helped some avoid $400,000 in wrongful charges. He went on to say his organization needs financial support. He advised his organization would lay off three attorneys this year. He concluded by requesting $1.00 for each person living in poverty, which equated $5,546.00 for Frederick County. Cindy Palmer, Shenandoah Area Agency on Aging, thanked the Board for their support over the past year and in prior years. She also thanked the Board for maintaining level funding for her organization. Lilly Dunning, Assistant Executive Director of Bluemont Concert Series, thanked the county and Board for its past support. She noted the concert series has a 26 year history in Frederick County. She went on to say they use county money to leverage for other funding sources. She concluded by saying they would welcome a funding restoration at some point and requested $6,000.00 for this upcoming year. Jay L. Marts, Gainesboro District, commended the Board and staff for developing a budget that does not raise property taxes. He spoke about the DARE program, which was an outstanding partnership between the Sheriff's Department and Frederick County schools. He noted this program was funded by contributions, not taxes, He noted the operating budget for Frederick County schools increased from $127 million to $132 million and expressed concern that these funds might come from other areas of the county such as the Sheriff's Department. He asked the schools to consider other options such as increased class sizes and fees. He went on to say we do not have an increase in student population and suggested the Board take a good look at this in future budgets. Stuart Wolk, Chairman of Frederick County School Board, thanked the Board for the spirit of cooperation in preparing the FY 2013 budget. He noted the school system benefitted from $22 million in temporary funding relief, but these temporary funds are not available in FY Minute Book Number 37 Board of Supervisors Regular Meeting of 03/28/12 272 2013. He went on to say there is still a backlog of important projects to be completed. He concluded by saying he hoped the two bodies could continue to work together to help the students and the community. Dr. David Sovine, Superintendent of Schools, stated it was a pleasure and a privilege to establish relationships since moving to the community. He noted these relationships were important to ensure students receive a high quality education. He went on to say that since 2008 there has been an increase in students, decrease in staff, and no pay increases. Dr, Sovine explained that in response fees have increased and programs have decreased, which remains a concern. He concluded by asking the Board to remember our purpose and accomplishments and the work done by students and staff. Edward Hillyard, Red Bud District, congratulated the Board on keeping real estate taxes low, but he thought the budget had done a disservice to the people of the community, including those who fight fires, teach children, and fight crime. He went on to say the slideshow illustrated that we have the ability to pay, but not the willingness. There being no further public 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 Supervisor Fisher, the Board approved the minutes from the March 14, 2012 regular meeting were approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the minutes from the March 20, 2012 Leadership Summit with Valley Health System by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 03/28/12 273 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS PROCLAMATION ( 9002 -12) DECLARING APRIL 8 -14, 2012 AS NATIONAL TELECOMMUNICATOR'S WEEK — APPROVED UNDER CONSENT AGENDA WHEREAS, emergencies can occur at any time 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 8 -14, 2012 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 28th day of March, 2012. PROCLAMATION ( #003 -12) DECLARING APRIL 15 -21, 2012 AS NATIONAL VOLUNTEER WEEK — APPROVED UNDER CONSENT AGENDA WHEREAS, Fire and Rescue Services is a vital public service to the citizens of Frederick County; and WHEREAS, Frederick County has over five hundred volunteers; and WHEREAS, The volunteers of Fire and Rescue are ready to provide emergency services to those in need 24 hours a day, seven days a week; and WHEREAS, Approximately 73% of firefighters in the United States are volunteers; and WHEREAS, Nationally, 37.2 billion dollars are saved per year by the services provided by Volunteer Fire and Rescue Companies; and WHEREAS, National Volunteer Week began in 1974 when President Nixon signed an executive order launching an annual celebration on volunteering; and WHEREAS, The National Volunteer Week theme for 2012 is "Celebrating People in Action" and we should recognize those volunteers that take action in our community; and Minute Book Number 37 Board of Supervisors Regular Meeting of 03/28/12 274 WHEREAS, During this week, all over the nation, service projects will be performed and volunteers recognized for their commitment to service; and WHEREAS, It is appropriate to honor ordinary people who accomplish extraordinary things through volunteer service by designating National Volunteer Week. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby proclaim the week of April 15 -21, 2012 as NATIONAL VOLUNTEER WEEK And encourages the community to observe this week with appropriate programs, ceremonies and activities. ADOPTED this 28 day of March, 2012. PROCLAMATION ( #004 -12) DECLARING APRIL 2012 AS DISTRACTED DRIVING AWARENESS MONTH APPROVED UNDER CONSENT AGENDA WHEREAS, Distracted Driving occurs when driving becomes secondary in importance to any other activity happening inside the vehicle while the vehicle is moving; and WHEREAS, Distracted Driving includes activities such as using a cell phone, eating and drinking, talking to passengers, grooming, reading, programming a navigation system, watching a video and adjusting a radio, CD player or MP3 player; and WHEREAS, Locally, Frederick County had 1,034 crashes in 2011; and WHEREAS, Studies show that eight out of ten crashes involve a distracted driving incident; and WHEREAS, One is twenty -three times more likely to be involved in a crash by texting and driving; and WHEREAS, The number of Americans who engage in distracted driving is increasing and it is important to recognize that distracted driving is a preventable problem; and WHEREAS, FADD, Frederick County Against Distracted Driving has been created and organized to recognize distracted driving and provide awareness and education to all drivers thereby improving.highway safety; and WHEREAS, motorists in Frederick County should dedicate themselves to adopting and maintaining safe behavior while behind the wheel by making their vehicles distraction free zones; and NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby proclaim the month of April, 2012 as DISTRACTED DRIVING AWARENESS MONTH And encourages the community to observe this month with appropriate programs, ceremonies and activities. Adopted this 28 T14 day of March, 2012. REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Pillar Enterprise Ltd. the amount of $3,443.32, for an amended Minute Book Number 37 Board of Supervisors Regular Meeting of 03/28/12 MWIN MIM report of business equipment filed by the company. The original filing contained errors and the amendment has been substantiated and clarified for the 2011 filing season. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Spicer, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION ( #050 -12) OF THE BOARD OF SUPERVISORS APPROVING THE AMENDMENT OF THE COUNTY'S $4,500,000 GENERAL OBLIGATION LIBRARY BOND, SERIES 2000 - APPROVED Administrator Riley advised this was a request for the Board to approve a resolution to refinance debt associated with the Bowman Library. The proposed refinancing would reduce the interest rate from 5.39% to 2.45% on the remaining balance. The resulting savings would be $93,800 the first year and $457,600 over the remaining life of the loan. Upon a motion by Supervisor Spicer, seconded by Vice - Chairman Ewing, the Board approved the Resolution of the Board of Supervisors of the County of Frederick, Virginia Approving the Amendment of the County's $4,500,000 General Obligation Library Bond, Series 2000. WHEREAS, the County of Frederick County, Virginia (the "County ") issued its $4,500,000 General Obligation Library Bond, Series 2000 (the "Bond ") to provide financing for a new library. WHEREAS, the County proposes to amend the Bond pursuant to a First Amendment to Bond and Bondholder Consent (the "First Amendment to Bond ") in order to achieve debt service savings and Branch Banking and Trust Company has submitted a proposal to amend the Bond, dated February 14, 2012, addressed to the Treasurer of the County (the "Proposal"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Amendment of Bond The Board of Supervisors approves the amendment of the Bond pursuant to a First Amendment to Bond to be entered into by the County on the terms set forth in the Proposal. 2. Authorization of First Amendment to Bond The execution and delivery of the First Amendment to Bond and the performance by the County of its obligations under the Bond, as amended by the First Amendment to Bond are authorized. The First Amendment to Bond shall be in such form and contain such provisions as the County Administrator and the Chairman of the Board, or either of them, shall approve, such approval to be evidenced conclusively by the execution and delivery of the First Amendment to Bond. 3. Execution of Documents The Chairman or Vice Chairman of the Board of Supervisors are authorized to execute on behalf of the County the First Amendment to Bond, and the Clerk to the Board of Supervisors is authorized and directed to affix or to cause to be affixed the seal of the County to the First Amendment to Bond and to attest such seal. Such officers or Minute Book Number 37 Board of Supervisors Regular Meeting of 43/28/12 me their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the First Amendment to Bond; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Amendment of Bond The Bond, as amended by the First Amendment to Bond, remains in full force and effect and constitutes a general obligation of the County to which its full faith and credit are pledged. 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, March 21, 2012 at 8:00 a.m. Member Richie Wilkins was absent. 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $249,600 This amount represents a State Homeland Security Program grant from the Virginia Department of Emergency Management to support the Information Sharing -LINX Implementation Project. No local funds required. See attached information, p. 3 -8. The committee recommends approval. — Approved 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. The NRADC Superintendent requests an NRADC fund supplemental appropriation in the amount of $176,000 This amount represents anticipated shortfalls in the medical supplies /laboratory and food service line items. The Regional Jail Authority has approved this request. See attached memo, p. 9. 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 Ross P. Spicer Aye Gene E. Fisher Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 03/28/12 277 Gary A. Lofton Aye 3. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $5,000 This amount represents a deposit by Lantz Construction in 2005 for a PPEA proposal. The Public Works Committee and the Parks and Recreation Commission have approved this request. See attached memo, p. 10. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 4. The Registrar requests a General Fund supplemental appropriation in the amount of $36,461,.25 for June 12` Dual Primaries. See attached memo, p. 11 -12. The committee recommends approval. - Approved 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 Nay Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 5. The Frederick County Public Schools presents an update of the FY2013 budget showing a revenue increase in the School Operating Fund. See attached information, p. 13 -15. No action required. ** *Information Only * ** I. A copy of the FY 2012 -2013 Budget Public Hearing advertisement has been provided. See attached, p. 16 -20, 2. The Finance Director provides a Fund 10 Transfer report for FYI 2, See attached, p. 21 -24. 3. The Finance Director provides and FY12 Unreserved Fund Balance report. See attached, p. 25. 4. The Finance Director provides financial statements for the period ending January 31, 2012. See attached, p. 26 -36. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. Minute Book Number 37 Board of Supervisors Regular Meeting of 03/28/12 ■ BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:03 P.M.) Richard C. Shickle Fo KRiley, Jr. Chairman, Board of Supervisors klerk, Board of Supervisors Minutes Prepared By: L16W E. `�„& Jay E. T' bs Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 03/28/12