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April 19 2023 Board Special Meeting Minutes 288 MINUTES SPECIAL MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 19, 2023 5:30 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors:Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn,Vice Chairman; Robert W. Wells; Judith McCann-Slaughter; Shawn L. Graber; Josh E. Ludwig; and Heather Lockridge were present. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; John Bishop, Assistant Director of Planning; Cheryl Shiffler, Finance Director; Bill Orndoff, Treasurer; Seth Thatcher, Commissioner of the Revenue; Scott Varner, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Finance Committee Member Gary Oates was also present. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:30 p.m. ADOPTION OF FISCAL YEAR 2023-24 BUDGET, AND APPROPRIATIONS AND SETTING OF 2023 TAX RATES—APPROVED Finance Director Shiffler reviewed the draft budget resolution prepared by staff following the most recent budget work session. Supervisor Slaughter moved for adoption of the proposed FY 2023-2024 budget resolution with the following changes: funding for an additional ambulance, approximately $400,000, for Station 22 from the capital fund; a change in the employee salary increase from 6.5%to 5.0%, with this change decreasing the amount of funds used from the capital asset fund; and the postponement of disbursement of any funds to outside agencies until further discussion has taken place. Vice Chairman Dunn seconded the motion. Supervisor Lockridge and the Chairman discussed the timing of a motion to postpone the Minute Book 48 Board of Supervisors Special Meeting of April 19, 2023 County of Frederick, Virginia 289 vote on the budget resolution. Supervisor Graber moved to amend the motion to allocate funds to the schools to have the same 5%salary increase as the other county employees. The Board and staff discussed the proposed amendment offered by Supervisor Graber. Supervisor Ludwig said he preferred to adopt tax rates only and look at the amendments further before adopting the proposed budget. Supervisors Ludwig, Slaughter, and Lockridge discussed the proposed salary increases as determined by the School Board. Supervisor Lockridge said she would like to see the budget vote postponed. Supervisor Graber asked the County Attorney about the propriety of allowing postponement after a motion has been seconded. Mr. Williams clarified that a motion to postpone action on an issue can occur at any time. Supervisor Lockridge moved to postpone the main motion until the next meeting and vote on only the real estate tax rate at the current meeting. Supervisor Ludwig seconded the motion. Supervisor Graber moved to amend the motion to set all of the tax rates as listed in the proposed resolution. Supervisor Ludwig seconded the motion. Supervisor Ludwig said that Supervisor Lockridge had just been sworn in earlier in the day and had not had time to learn about the proposed budget. He said that moving the budget vote to next week would be helpful to her. The motion to amend failed on the following recorded vote: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No Heather Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Ludwig appealed to the Board for more time before voting on the budget. Supervisor Lockridge's original motion to postpone the budget vote failed on the following recorded vote: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No Heather Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Slaughter restated her original motion: adoption of the proposed FY 2023-2024 Minute Book 48 Board of Supervisors Special Meeting of April 19, 2023 County of Frederick, Virginia 290 budget resolution with the following changes: funding for an additional ambulance, approximately $400,000, for Station 22 from the capital fund; a change in the employee salary increase from 6.5%to 5.0%, with this change decreasing the amount of funds used from the capital asset fund; and the postponement of disbursement of any funds to outside agencies until further discussion has taken place. Vice Chairman Dunn stated that he seconded the motion. Supervisor Graber moved to postpone the vote on the budget until the next regular meeting and vote on only the tax rates at the current meeting. Supervisor Ludwig seconded the motion which failed on the following recorded vote: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No Heather Lockridge No Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Graber moved to amend the proposed resolution by splitting the increase in the health care insurance costs 50-50 between the employees and the County. Supervisor Lockridge seconded the motion. Vice Chairman Dunn noted that this topic is being worked on and would be best deferred until next year. The motion failed on the following recorded vote: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No Heather Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Graber moved to amend the proposed resolution by designating that all new requested positions be filled by over-hiring rather than full-time positions to allow time to see if the positions are really needed. Supervisor Ludwig seconded the motion. Supervisor Ludwig and Vice Chairman Dunn discussed the turnover in some departments, and the Chief's multi-year plan to staff fire and rescue. The motion failed on the following recorded vote: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No Heather Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Graber moved to amend the proposed resolution by reducing the funds designated for the schools by $2 million. Supervisor Ludwig seconded the motion which failed on Minute Book 48 Board of Supervisors Special Meeting of April 19, 2023 County of Frederick, Virginia 291 the following recorded vote: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No Heather Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Graber moved to amend the proposed resolution by eliminating an engine for the proposed station 22 and replacing it with an engine/tanker combination, adding an engine/tanker combination for Station 21, and keeping the second ambulance for Station 22. Supervisor Ludwig seconded the motion. Supervisor Ludwig said the Board seemed to be in a hurry to pass the budget and that he preferred that the Board not commit to recurring costs using the capital fund. Supervisor Graber spoke about the use of capital funds and said there will be significant tax increases if the proposed budget passes. He said fire and rescue apparatus and equipment should be standardized. Vice Chairman Dunn stated that the professional fire and rescue staff and the volunteer chiefs do not support the combination engine/tanker vehicle which is proposed in Supervisor Graber's motion. The motion failed on the following recorded vote: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No Heather Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Graber commented that the Board was voting to abandon saving capital funds and a tax increase would be the result. Supervisor Ludwig said he was in favor of a real estate tax rate of $0.51 per $100 of assessed value but that spending cuts were needed. Vice Chairman Dunn referenced the schools' upcoming $25 million bond to fund renovations at James Wood High School and Indian Hollow Elementary School. He moved that the Board spend $5 million from the capital fund to reduce the amount of money required to be borrowed to fund these two projects. The motion died for lack of a second. Supervisor Graber noted that he had proposed spending capital funds for the Indian Hollow Minute Book 48 Board of Supervisors Special Meeting of April 19, 2023 County of Frederick, Virginia 292 project when it began. He said now the capital fund is being depleted and should not be used. Vice Chairman Dunn referred to a capital fund balance spreadsheet and discussed transportation funding. Supervisor Ludwig said he wished to see proposals for saving on spending. Supervisor Graber discussed the desire to save 1%on the budgeted expenses. Vice Chairman Dunn said that as the population has increased, the County staff has become more efficient. The Fiscal Year 2023-24 Budget,And Appropriations And Setting Of 2023 Tax Rates were adopted on the original motion of Supervisor Slaughter, seconded by Vice Chairman Dunn, on the following recorded vote: Blaine P. Dunn Aye Josh E. Ludwig No Shawn L. Graber No Robert W. Wells Aye Heather Lockridge No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye FY 2023--2024 BUDGET RESOLUTION WHEREAS a notice of public hearing and budget synopsis has been published and a public hearing held on March 22, 2023, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2023-2024 Fiscal Year as advertised in The Winchester Star on March 14, 2023, be hereby approved in the amount of$576,931,001. BE IT FURTHER RESOLVED that the County of Frederick budget for the 2023-2024 fiscal year be adopted and the funds appropriated as follows: General Operating Fund $239,544,613 Regional Jail Fund 28,930,902 Landfill Fund 10,251,439 Division of Court Services Fund 611,559 Shawneeland Sanitary District Fund 925,104 Airport Operating Fund 2,974,811 Lake Holiday Sanitary District Fund 781,763 EMS Revenue Recovery Fund 2,506,645 Economic Development Authority Fund 761,418 Transportation Projects Fund 6,041,046 School Operating Fund 229,583,959 School Debt Service Fund 18,927,199 Minute Book 48 Board of Supervisors Special Meeting of April 19, 2023 County of Frederick, Virginia 293 School Capital Projects Fund 1,000,000 School Nutrition Services Fund 11,596,347 NREP Textbook Fund 20,000 Consolidated Services/Maintenance Fund 4,500,000 School Private Purpose Funds 675,000 School Textbook Fund 3,389,393 NREP Operating Fund 7,207,583 Capital Fund 6,702,220 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick,Virginia,does herein adopt the tax rates for the 2023 assessment year as follows: Property Taxes—Rates per$100 of assessed value $0.51 Applied to real estate, including mobile homes Applied to personal property and business use $4.23 vehicles Applied to business equipment assessed at 30%of $4.86 original cost $2.25 Applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department $0.01 Applied to aircraft Zero tax Applied to antique vehicles and mopeds $2.00 On declining values to be applied to machinery and tools.The declining values are 60%for year one, 50%for year two,40%for year three,and 30%for year four and all subsequent years. $2.00 On apportioned percentage of book values to be applied to Contract Classified Vehicles and equipment Computer Equipment& Peripherals used in a Data $1.25 Center.The declining values are 50%for year one, 35%for year two,20%for year three, 10%for year four and 5%for year 5 and subsequent years. Minute Book 48 Board of Supervisors Special Meeting of April 19, 2023 County of Frederick, Virginia 294 Business and Professional Occupational License Rates Contractors $0.16 per$100 of gross receipts Retail $0.20 per$100 of gross receipts Financial, Real Estate,and Professional $0.58 per$100 of gross receipts Services Repair, personal and business services and $0.36 per$100 of gross receipts all other businesses and occupations not specifically listed or exempted in the County Code Wholesale $0.05 per$100 of purchases The tax rates for other businesses and occupations specifically listed in the County Code are also unchanged. Other General Taxes Meals tax 4%of gross receipts Transient Occupancy tax 3.5%of gross receipts Vehicle License Taxes $25 per vehicle and$10 per motorcycle Sanitary Landfill Fees $52 Per ton for commercial/industrial $47 Per ton for construction demolition debris $22 Per ton for municipal waste $40 Per ton for municipal sludge $17 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $190 Unimproved Lots $660 Improved Lots Lake Holiday Sanitary District Taxes $678 Buildable Lots $264 Unbuildable Lots Lots owned by Lake Holiday Country Club, Inc. $0 Buildable Lots and Unbuildable Lots Star Fort Subdivision Taxes/Fees $60 Per Lot Minute Book 48 Board of Supervisors Special Meeting of April 19, 2023 County of Frederick, Virginia 295 Street Light Fees Oakdale Crossing$35 annually Fredericktowne$45 annually Green Acres$25 annually BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund, special welfare fund,comprehensive services fund,county health insurance fund,school health insurance fund, employee benefits fund, maintenance insurance fund, development project/transportation fund, ARPA fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund, Forfeited Assets Program, Four-For-Life Funds, Fire Programs,and Economic Incentive funds equal to the total cash balance on hand at July 1, 2023, plus the total amount of receipts for the fiscal year 2023-2024, The County Capital Fund,Airport Capital Fund and Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of the fiscal year 2023. The County Capital appropriation shall include funds transferred from and to other capital funds for classification purposes. BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2023, are re-appropriated to the 2023-2024 fiscal year to the same department and account for which they are encumbered in the 2022-2023 fiscal year. BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a carryforward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30,2023. + + + + + + + + + + + + + + ADJOURN There being no further business, at 6:34 p.m. the meeting was adjourned on a motion by Vice Chairman Dunn, seconded by Supervisor Wells. Charles S. DeHaven, Jr. Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 48 Board of Supervisors Special Meeting of April 19, 2023 County of Frederick, Virginia