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February 24, 1993 Regular Meeting 216 A Regular Meeting of the Frederick County Board of Super- ",pI; visors was held on February 24; ~t 6:00 P.M. for a Budget Worksession with regular meeting to start at 7:15 P.M., in the Board of Supervisors Meeting Room, Frederick County Courthouse, Loudoun street Mall, winchester, virginia. PRESENT: Richard G. Dick, Chairman; W. Harrington smith, Jr., Vice-Chairman; James L. Longerbeam; Robert M. Sager; Beverly J. Sherwood. Charles W. Orndoff, Sr. was not present at the start of the budget worksession. Staff members present were John R. Riley, Jr., county Administrator; stephen F. Owen, Assistant County Administrator; Barbara Ratcliff, Finance Director; and Cheryl Shiffler, Assistant Finance Director. ~T.T. TO ORDER The Chairman called the meeting to order. COUNTY ADIIIHISTRATOR UPDATES BOARD ON PROPOSED BUDGET FIGURES Mr. Riley explained that figures had been provided to the School Board with some direction on how to reduce the deficit by $3.279 million. He further explained that the county has projected that the Commonwealth through recordation taxes and salaries for teachers from the Commonwealth at an estimated figure of $500,000. He noted that the School Board is being requested to carry forward $500,000 in FY '92-'93 and with using $3.2 million from fund balance, this will bring the figure to an estimated adjusted deficit of $3.988 million. The reductions to the School Board budget as authorized by the board last week were transmitted to Mr. Malcolm, who in turn shared these figures with the school board and after meeting with them, they have submitted new figures (cuts) where they feel reductions can be made. Mr. Malcolm appeared before the board and presented a handout explaining the latest reductions within the school board budget, which leaves the amount being requested in local money of $3,617,000. Mr. Charles Hott, Chairman, Frederick County School Board, appeared before the board stating that the school board was not pleased with the budget, but has tried to work with it as best 217 they could. One area that the school board did not want to sacrifice is the eighth grade middle school restructuring. He hoped the board could see their way clear to finance the school budget at the figure that is being presented at this time, as the budget has been taken apart in a lot of ways the school board did not want to have to do. Mr. Dick asked what the figure is for the difference in giving the teachers a 5% increase and no increase to the remain- ing staff. Mr. Malcolm explained that a 1% for teachers cost $198,000, a 1% for everyone else cost about $80,000. Mr. Smith asked about the life of school buses and the schedule for replacing them. Mr. Sager asked about the line item dealing with equipment replacement. Mr. Malcolm explained that was any equipment within the system, excluding motor vehicle. Mr. Malcolm stated this was $160,000 for the entire system. Mr. Dick stated that he was interested in seeing that the teachers receive 5%. Is this an option that this board has? Mr. Riley replied that the board has the option categoric- ally to fund up to a certain level, if they want to provide the funding in that particular category, the board can do it. The board does not have any line item discretion within the school board budget. Mr. Longerbeam explained that he did not feel it was the intent of the Board of Supervisors to mandate how monies were spent by the school board. The board did take a position that they did want teachers pay raises set at a certain level, and if the school board vehemently disagrees then so be it, he felt this was being offered solely as a suggestion. Mr. Malcolm explained that he would like for the raise for teachers to have remained at 6% plus a step, however in order to deal with all the other needs that the school board has this was not possible. 218 Mr. Malcolm explained that the Board of supervisors is saying don't give anyone else a raise, these monies are to be given to teachers, and the school board's position is that they do not support that. Mr. Dick stated that this is what he would like to see, he feels that there is too much of a difference on the scale between the administrators and teachers salaries. Mr. Malcolm stated that if the administrators are pulled out, the figure would be about $30,000. We are not talking about just administrators we are talking about all school personnel other than teachers. Mr. Riley asked Mr. Malcolm about the mid year adjustment that was done in January and whether or not some major reclasses and restructures were not done on the support step. Mr. Malcolm replied with two categories, clerical and instructional aids, and even with these major reclassifications they still are not up to par. Mr. Longerbeam asked, you say, not up to par. Mr. Malcolm replied that is correct, not within this community, the instructional aids probably on the average are off, probably about $2500, even with the adjustment. Mr. Riley presented to each Board Member a copy of the figures he had been working on in trying to reduce the remaining part of the county budget. Mr. Riley outlined the cuts as follows: 1. Refuge disposal was cut by $125,000 based on the efficiency of the new compactors that have been installed throughout the county. 2. Savings of $50,000 due to not increasing tipping rates for Frederick county, Clarke county and the city of Winchester. 3. The changing of insurance liability carriers for a premium savings of $60,000. Also a dividend through loss control measures for this year of $50,000 that can be added to the $315,000 in cuts. 4. An additional $250,000 in personal property revenues and assessments. 5. Carry forward funds from county general fund budget in the amount of $285,000 for next year. He stated this was an ambitious project for the county staff, looking at taking this amount of money out of this year's budget in order to balance next year's budget, but every 219 attempt will be made to do this. 6. On the plus side would be $260,000 for a 4% merit increase for county employees. He explained that this brings the figure to a bottom line deficit of approximately $3.4 million. He further stated that he was prepared to discuss with the board what the additional revenue requirements would be to balance the budget, which obviously equates to a tax increase. Mr. Smith asked what the bottom line equates to. Mr. Riley replied fifteen cents. Mr. Sager stated that this would leave no space at all for any expenditures that might come up unexpectedly. Mr. Riley replied that was correct, not without going into fund balance. Mr. Riley explained that two paid firemen were desperately needed to cover the northwestern section of the county, there is a gap in this coverage at the present time. We would like to phase in two personnel over the year, with one starting at the beginning of the fiscal year, and one in mid year. It does not fund the second phase of GIS, which is a five year process. Mr. Riley further explained that he would recommend to the board that they at least look at 17 or l8 cents and possibly higher, just to look at providing a buffer for unforeseen expenditures. He noted that at this point no one is absolutely sure as to what will be coming from Richmond. Mr. Sager asked about the personal property rate, and with the reduction that has been discussed for this tax, he really feels the real estate should be somewhere around 20 cents. Mr. Riley stated that personal property taxes are budgeted at $3.95, which is a reduction of 30 cents down from $4.25. Mr. Dick stated that he had compiled some information with regard to where Frederick county ranks among other counties within the state of Virginia as to what their current real estate taxes are. He stated that the low is 30 cents in Halifax County, with the ninety-fifth county, Prince William paying $1.36 cents, and Frederick county is number six at 43 cents. 220 Mr. Sager stated that when the fund balance is reduced it concerns him, because in order to be healthy financially, the county should really have between eight and ten million dollars in fund balance considering the size of the county budget. Mr. Orndoff asked Mr. Dick if he had the rates on personal property as he did with real estate. Mr. Dick replied that the ones he had were about a year old, and Frederick county is the fifth highest in the state of virginia. Mr. Orndoff does not agree with personal property being lowered, and raising real estate the entire amount, he feels personal property should remain where it is. An individual has control over what they pay for a car, but not on real estate, as you have no control over the assessment. He feels the older citizens will be the ones mostly effected by this. Mr. smith stated that he felt there was a gross inequity when an individual pays the same amount of tax on a $10,000 car that he does on a $100,000 house. Either the real estate is grossly too low or the personal property is too high. Mr. Orndoff stated that he agreed with that, what about the citizens that rent property here, work in the city making good money, with children in the school system, but yet the only taxes you are getting from them is what they pay on the automo- bile. Mrs. Sherwood asked about the GIS and whether or not it could be phased in. Mr. Riley replied that is correct, and this is the second phase. Mrs. Sherwood stated that the safety issue relating to the staffing for the Reynolds Store area concerned her and she felt there were some categories that could be looked at such as "Other" as one and "Contractual Services" and also Economic Development and what is in this line item. She would like to see the safety issue taken care of in this budget by at least putting on one of the two positions initially to cover this area, as it is needed and it is a safety issue. 221 Mr. Longerbeam stated that he felt the board was only fooling themselves if they were only going to raise the budget just enough to balance this year's budget. That would only mean coming along next year and having to do the same thing. He feels the 3% cost of living should be built in this year rather than next year. He further stated that with the 20% increase you would be building in a $1.2 million surplus into the budget, otherwise he does not feel the board would be dealing with the problem realistically. Mr. Sager stated that he agreed with Mr. Longerbeam, and what the board has to look at next year as well as this present year. Mrs. Sherwood explained that in bringing up certain line items she did this as they were line items that had increased. She further noted that she felt caution was needed in building in an increase for what may come next year, will just insure that those funds will be spent, for she feels as money is generated to be spent, it will be spent. She stated that she felt some of the budgets that were presented to the board this year illustrate this, and she is not in favor of raising the tax rate on the citizens of Frederick county anymore than the board has to. Furthermore she feels next year's budget will be ad- dressed next year. Belts need to be tightened as much as possible, and in looking at the budget there are some items that have gone up, the funding for particular line items has in- creased, and she feels hanging a safety issue such as the staffing of Reynolds Store and not take a strong look at certain line items that have increased, and not take some monies from these line items to address a safety issue for Frederick county the board would certainly be remiss in not doing that. She did have some questions with regard to the Economic Develop- ment budget and exactly what was grant related and what was not, along with contractual services. Mr. Dick explained that one employee was being picked up that had been funded by the county and city Industrial Develop- ment Authority last year. He noted that the budget has 222 increased quite a bit, no question about it, but he feels what has been accomplished by the office of the EDC far out weighs the increase in their budget. The new industries that have located in this area, plUS the various expansions that have, and continue to take place is just another example of what EDC has done for the county. He further stated that he could not say enough about the EDC, he did feel there were some line items, and he intended to point some of these out that could be re- duced, and he also feels very strongly in letting next year take care of itself. He does not want to burden the county taxpayers and he too feels if the funds are there, they will be spent and he is not in favor of having a lot of funds being built into the budget. He does feel the fund balance needs to be kept at a certain figure. Mr. Longerbeam stated that this budget is based on a number of assumptions that have to happen for it to work. The figure for this to work is over a million dollars, and he feels this is a calculated risk, and he does not want to overburden anyone, but feels on the other hand one does have to be realistic. Mr. smith stated that supposedly this country is coming out of the recession, but he does not feel the people can stand a big tax increase at this time. Feels like the board must go easy this year and play catch up next year. Mr. Sager explained that in proposing the twenty cents he was not advocating that the county build a pocket full of money to be spent on other things. If the $1.2 million does not happen and the county would have to dip into the already low fund balance, he feels this would be very bad for the county. BOARD RECESSES AT THIS TDIE FOR l5 IIDfU'l'ES CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Clarence Davis of the Calvary Church of the Brethren. ADOPl'ION OF AGENDA Mr. Riley requested the following additions: 223 Resolution for Greenbay packaging. Resolution authorizing letter of intent concerning insur- ance pool for the county. Mr. Dick requested the addition of a proclamation for the FFA. Upon motion made by W. Harrington smith, Jr., seconded by Beverly J. Sherwood the agenda was adopted as amended. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs for approval under consent agenda: 1. Tab B - Request from National Association for a Balanced Federal System; 2. Tab D - Request from Director of Public Works, Re: Lease/purchase Agreement; 3. Tab G - Activity Report - February 1 - 15, 1993; 4. Tab H - Finance Committee Report. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the consent agenda was approved as noted. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD AWARD FOR FEBRUARY 1993 PRESENTED TO FRANK SPURR OF GAIHESBORO MAGISTERIAL DISTlUcr. Mrs. Beverly Sherwood asked Mr. Frank Spurr to come forward at this time. Mrs. Sherwood presented to Mr. spurr the boards award for the month of February 1993 for all his many contributions to the county, not only in the area of emergency services, but also his many countless volunteer hours toward the betterment of Frederick County. 224 CITIZEN COIIIIENT Mr. Ed Bel1ett, resident of stonewall District, Shenandoah Hills, appeared before the board to request that the board address the noise problems within the county by enacting a noise ordinance. He explained that this is definitely a problem and with so many new people moving into the county, which has created more noise, he feels the board really needs to address this concern. Mr. Dick stated that this is a concern and that the Code and Ordinance Committee will be discussing this at their meeting on March 1. Mr. Riley informed Mr. Bellett that his office would be in touch with him, letting him know of the date, time and location of this meeting. EMPLOYEE OF THE MONTH AWARDED TO JANET DICK FOR MARCH 1993 Mr. Harrington Smith, Jr. asked Mrs. Janet Dick to come forward at this time. Mr. Smith read the resolution presenting the employee of the month award for March 1993 to Mrs. Dick. APPROVAL OF MINUTES: Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the minutes of the regular meeting of January 27, 1993 were approved as presented. The above motion was passed by the following recorded vote: RiChard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye REQUEST FROM NATIONAL ASSOCIATION FOR A BALAHCED FEDERAL SYSTEII - APPROVED UNDER CONSENT AGENDA RESOLUTION REQUESTING INDUSTRIAL ACCESS RAIL FUNDS - GREEN BAY PACKAGING INC. - APPROVED WHEREAS, Green Bay packaging Inc. has expressed its intent and desire to the Frederick county Board of Supervisors to locate its industrial operations in the County, which will initially involve a capital investment of $13,000,000 and 43 jobs; and WHEREAS, this business and its operations will require rail access, and 225 WHEREAS, this railroad access is anticipated to provide a movement of initially 60 rail cars per year and eventually 320 cars per year; and WHEREAS, officials of Green Bay packaging Inc. have report- ed to the county their intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of Virginia in the amount of $175,000; and WHEREAS, Green Bay Packaging Inc. has requested that the Frederick County Board of Supervisors provide a resolution concerning support for its application for said funds which are administered by the Virginia Department of Transportation; NOW, THEREFORE, LET IT BE RESOLVED, that the Board of Supervisors of the County of Frederick hereby endorses and supports the application of Green Bay Packaging, Inc. for $175,000 in Industrial Access Railroad Track Funds; and BE IT ~UKXttKK RESOLVED, that the County of Frederick hereby makes known its desire and intent to assist the Virginia Depart- ment of Transportation in providing the maximum financial assistance to Green Bay Packaging, Inc. for the purpose of locating its industrial facility in Frederick County. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above resolution was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION TO PROVIDE NOTICE OF IHTEHT TO JOIN THE VIRGINIA ASSOCIATION OF COUNTIES RISK POOL - APPROVED WHEREAS, Frederick County desires to protect against liability claims and property losses and to provide for payments of claims or losses for which the county may be liable; and WHEREAS, the Virginia Association of Counties Risk Pool is in the process of establishment pursuant to Chapter 11.1 (15.1-503.4:1 et seq.) and Title 15.1 of the Code of Virginia. WHEREAS, it is desirable for Frederick County to join the Virginia Association of Counties Risk Pool upon its formal July 1, 1993, start date in order to provide a method of risk sharing for liability claims and property losses; NOW, THEREFORE, BE IT RESOLVED, that the governing body of Frederick County serves by this resolution notice to the Vir- ginia Association of Counties Risk Pool the county's intent in good faith to become a member of the Pool on July 1, 1993; and that being a notice in good faith, this notice does not legally obligate Frederick County to become a member of the Virginia Association of Counties Risk Pool. BE IT FURTHER RESOLVED that John R. Riley, Jr., is author- ized to execute the application to join the Virginia Association of Counties Risk Pool. Upon motion made by Robert M. Sager, seconded by Beverly J. Sherwood, the above resolution was approved. The above motion was passed by the following recorded vote: 226 Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye FFA PROCLAIIATION - APPROVED WHEREAS, the FFA with agricultural education is a strong force for America's agriculture; and WHEREAS, the FFA and agricultural education are changing to provide training for the new high-tech careers of agriculture; and WHEREAS, members of the FFA are playing an outstanding role in assuring the future progress and prosperity of our nation; and WHEREAS, the FFA motto - "Learning to do, doing to learn; earning to live, living to serve" - gives direction of purpose to these students who are the spirit of Leadership; and WHEREAS, the FFA performs the valuable service of develop- ing leadership, encouraging cooperation, promoting good citizen- ship and inspiring patriotism among its members, THEREFORE, I do hereby designate the week of February 22 through 26, 1993 as FFA Week. Richard G. Dick, Chairman Frederick County Board of Supervisors February 24, 1993 PUBLIC BEARIHG AN ORDINANCE TO AMEHD THE FREDERICK COUNTY CODE. CHAPTER 7. ELECTIONS: ARTICLE II. ELECTION PRECINCTS: SECTION 7-7. PRECINCTS AHD RESPECTIVE POLLING PLACES ENUMERATED - APPROVED Kernstown Precinct - Move polling Place from the Division of Motor Vehicles to the Tri-county Virginia O.I.C. Shenandoah Precinct - Move pollinq Place from Shenandoah Gas COlIpany to the Arael Eleaentary School. Mr. Riley presented this information to the board. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Beverly J. Sherwood, the above ordinance amendments to Chapter 7 of the Frederick County Code was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye End of Public Hearing REQUEST FROM DIRECTOR OF PUBLIC WORKS - RE: LEASE/PURCHASE AGREEMENT - APPROVED UNDER CONSENT AGENDA 227 PLANIO:NG COMMISSION BUSINESS PORT.TC HEARI:NG: CONDITIONAL USE PERMIT 1001-93 OF JOBlf AND RAC!RART. BLACK FOR A COTTAGE OCCUPATION ICATALOG SAT.1~S IN AN ACCESSORY BUIlDING}. THIS PROPERTY IS LOCATED 1.3 KIT.R.~ NOR'l'B OF GAINESBORO DISTRICT. AND IS IDENTIFIED AS GPIN 19000020000040 - APPROVED Mr. Wayne Miller, Zoning Administrator, presented this CUP request to the board noting that staff and Planning Commission recommended approval with conditions. Mr. Miller did note that the developer of this subdivision, and an adjoining property owner did appear before the Planning Commission in opposition to this CUP application. The developer stated that there was a deed conveyance stating that the proper- ties were to be used for residential purposes only and that no metal buildings were allowed. The commission chairman noted that deed conveyance is a civil matter and is not enforceable by county officials. Mr. John Black appeared before the board and explained that this application was for catalog sales only, over the phone, there would be no traffic directly connected with this business in the neighborhood. He explained that he had constructed a metal building, 30x60 Butler Building, and felt that he had kept it as unobtrusive as possible and performed all county require- ments and regulations. Mr. Dick asked if this was catalog sales. Mr. Black replied yes, it is catalog sales, the individual would call him on the phone with an order at which time he would call the order into Wisconsin and at that time the order would be serviced, depending on the customers location, probably out of Richmond. No one would come to my property. Mr. Black stated that he bought this property because he liked the area, as it was quiet and he would like for it to stay that way. He has since added to the property by purchasing a tract of land that adjoins his property. He could have had a right-of- way that would of come in at the bottom of the hill, but he elected not to do this in order that this tract could be used for no other purpose than to adjoin his property. 228 Mr. Longerbeam asked Mr. Black with a building 30x60 what he was storing. Mr. Black stated that before using a product he likes to test it and he has personal automobiles that he has been testing this oil on before selling it to the general public. Mr. Joe curley, resident of Pond View Subdivision, which contains six lots, stated that he felt secure due to the convey- ance that was adopted in 1978, which he understands are now required in new subdivisions. Mr. Curley provided Board Members with copies of the plat he received when his property was purchased. He stated that he now sees that a business activity is proposed, which is restricted by subdivision conveyance, and a steel frame building is built despite a subdivision restriction. In order to accommodate the steel building permanent boundaries of the subdivision were altered on May 13, 1991. Mr. CUrley stated that a catalog sales activity is pro- posed, the building permit has been changed, as in the beginning it was for personal storage and now it is Sl-Storage. He presented a petition from the three out of four owners in the subdivision saying they are opposed to this CUP request. He also curley presented a picture to the board showing what he could see of the steel building from the back of his lot. He feels this type of business is very inappropriate for a residential subdivision. Mr. Black stated that it was his understanding that the conveyance is a private matter, and he has secured counsel in order to take care of this at the proper time. He further explained that the building is fifty feet from Mr. curley's property line, which has been determined that this is his property line. He explained that the building can only be seen if one walks down behind Mr. Curley's home into a revene area and take a picture, that is the only way it can be seen, and in the summer time it is completely blocked from Mr. CUrley's view due to the foliage. He stated that if this is a problem he is 229 perfectly willing to establish some other type of tree line on his property. Mr. Sager asked Mr. Black what volume of oil storage he was speaking of, ie. cases etc. that the board could relate to. Mr. Black explained that he had a total of fourteen ve- hicles to maintain. He would say approximately twenty-four quarts of oil would be stored. Mr. Black explained that his hobby is antique automobiles and motorcycles. Mr. Smith asked how long the shed had been at this loca- tion. Mr. Black replied that the building in question was com- pleted approximately two week ago. Mrs. Sherwood noted that a comment had been made that another tract of land had been added to this parcel. Mr. Black stated that he was not aware of any restriction or requirement that said he could not purchase any land that adjoins his property. He further stated that his lawyers had explained to him that he could have had this business in his house, without any type of permit being required, however he chose to have it in a building and follow the county guides and regulations with respect to obtaining the proper permit. Mr. Curley stated that he could see the building from his back deck and most of the windows from the rear of his house. Mr. Sager stated that it would seem to him that the build- ing is a moot point, it has been there. Mr. Miller replied that is correct. Mrs. Sherwood stated that she felt the issue is the use of the building for catalog sales and whether or not that use infringes or in anyway harms the adjoining landowners. Mr. Longerbeam stated that it appears to him that the building was built to house the cars, not to run a business out of. He stated that he did not feel that he had enough informa- tion on this request and he has a problem with the entire concept. He explained that with most five acre sUbdivisions 230 that he is familiar with in Frederick County, there would be an absolute outrage if an individual were to build a 30x60 building on a five acre tract. Most subdivisions clearly prohibit this type of activity. He felt this should be tabled until the next meeting. Mr. Sager seconded this motion. Mr. Smith, Mr. Orndoff, Sr., and Mrs. Sherwood voted no to table. The motion to table failed. Mrs. Sherwood moved to approve conditional use permit #001-93 of John and Rachael Black for a Cottage Occupation. Mr. Smith seconded this motion. Mr. Sager stated that it was his understanding that the building was used only to change the oil in Mr. Black's personal vehicles. Mr. Dick replied that it is a business, isn't that what he is applying for. Mr. Watkins, Planning Director, explained that the Planning commission and staff had been told that an office would be housed within this building for this business, and that is why we are here, as that requires a cottage occupation permit. Mrs. Sherwood explained that is why the Planning Commission had the comment they did about any expansion of this business or facilities would require another conditional use permit. Mr. Longerbeam stated that theoretically, there is nothing to preclude Mr. Black from putting oil in this building that would occupy space 30x60x14 feet high. That much oil could be stockpiled there. Mr. Watkins explained that he has said, and the record clearly states that Mr. Black will not be storing oil there. If oil is stockpiled there and we find out about it, a review of the conditional use permit would be required. The above motion was passed by the following recorded vote: Richard G. Dick - Nay W. Harrington Smith, Jr. - Aye James L. Longerbeam - Nay Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye 231 R~LtJ'l'ION M" .A~SIFYING 1995 FUNCTIONAL RURAL ROUTES IN IFRIlmICK COUHTY - APPROVED WHEREAS, the Intermodal Surface Transportation Efficient Act (ISTEA) of 1991, Section 1006, required that the Virginia Department of Transportation (VDOT) functionally reclassify the roads and streets in the Commonwealth, by February 26, 1993, based on their current and anticipated functional usage; and, WHEREAS, the Virginia Department of Transportation has previously functionally classified the state highways in accord- ance with the guidelines presented in the "Highway Functional Classification Manual" (Volume 26, Appendix 12, Highway Planning Program Manual); and, WHEREAS, the Virginia department of Transportation has updated the functional classification in accordance with the "Highway Functional Classification Manual" (Revised, March 1989) and aforementioned ISTEA of 1991, NOW THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors concurs with the "1995 Highway Functional Classification" for Frederick county, Virginia, as updated by the Virginia department of Transportation, with the exception that it only concurs if this classification does not reduce planned or potential funding for projects identified in the primary and secondary road improvement plans adopted by the Frederick County Board of Supervisors. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the above resolution was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye End of Planning Commission Business ACTIVITY REPORT - FEBRUARY 1-15. 1993 CONSENT AGENDA FINANCE COIUfiTTEE REPORT - APPROVED UNDER CONSENT AGENDA APPROVED UNDER The Finance Committee was polled by telephone on Tuesday, February 16. 1993. The agenda items are as follows: The Director of Fire and Rescue is requesting a General Fund a09rooriation transfer in the amount of $9.400.00 to reolace oart-time fire medic funds used to cover vacant full-time oositions. The committee recommends approval. The Director of Fire and Rescue is requestinq a General Fund Aoorooriation transfer in the amount of $2.500.00 to establish medical ALS Raoid Resoonse Proqram. The commit- tee recommends approval. The School Director of Finance requests a School Ooeratinq suoolemental aoorooriation in the amount of $12.500.00. This budqet adiustment is needed due to an exoected in- crease in revenue from the state for the Svnergistics Lab. No additional local funds are necessary. The committee recommends approval. 232 The Parks and Recreation Director is requesting a General Fund suoolemental aoorooriation in the amount of $1.000.00. This amount reoresents a donation received bv Parks and Recreation. No additional local funds are necessary. The committee recommends approval. The Enqineer is requestinq a General Fund aooro9riation transfer in the amount of $40.000.00. These funds will be used to cover the monthlv oavments for the new comoac- tor/container units. The committee recommends approval. The Sheriff is requestinq a General Fund supolemental aoorooriation in the amount of $100.00. This amount reoresents a donation received by the Sheriff. No addi- tional local funds are necessary. The Sheriff is requestinq a General Fund suoolemental approoriation in the amount of $97.193.00. This amount is included in the 1993-94 budget but needs to be moved to the current year so that the Sheriff's Department can start the budding process for the municipal lease program. The committee recommends approval. . BOARD RETIRED INTO EXECO'l'IVE SESSION Upon motion made by Robert M. Sager, seconded by w. Harrington Smith, Jr., the board retired into Executive Session in accordance with the Code of Virqinia. 1950, as amended, Section 2.1-344, (A) (3) Acquisition and Disposition of Real Property, as well as the announcement of a potential industry locating in Frederick County. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles w. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECU'l'IVE SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by James L. Longerbeam, the board withdrew from Executive Session. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was passed by the following recorded vote: \ 233 Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD AliHOUHCES 'l'BAT THEY WILL CONTINUE TO STUDY IDeATIONS 'l'BAT MIGHT BE USED AS SITES FOR COUNTY OFFICES WITHIN THE CITY OF WINCHRSTER AS WRY.T. AS WITHIN THE COUNTY AS SUBMITTED BY THE MOSELY GROUP Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the board members will continue to study various site locations as submitted by The Mosely Group, within the City of Winchester as well as within the county, as possible location for the future county offices. UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY ROBERT M. SAGER, THERE BEING NO JrUK~.11J!a( BUSINESS TO COME BEFORE THIS BOARD, THIS PART OF THE MEETING IS HEREBY ADJOURNED, AND THE BOARD WILL RECONVENE THEIR BUDGET WORKSESSION AT THIS TIME. Mr. Riley noted that at this point the board is $3.4 million in the hole, and he hopes to move this figure upward with the real estate tax rate being set. He did reiterate that with the rate that was discussed earlier this would be putting the budget way to close, in his opinion, as far as good fiscal management is concerned and he felt some flexibility was needed. Mr. Sager asked if reducing the fund balance any lower than it is currently being proposed would jeopardize the county as far as the bond market is concerned, in the event the county would have to go to the market for some reason. Mr. Riley replied no, that he did not think so. The fund balance takes care of the "peaks and valleys". If this gets too low then we would have to temporarily borrow money to replenish fund balance until the monies would be forthcoming. Mr. Dick stated that at this time he felt the board needed to put the school budget where it needed to be. Mr. Longerbeam stated he feels the county could give the schools $3.706,356, and in order to do this cuts would have to be made in positions. The school board would have to find the $308,000. 234 Mr. Orndoff stated that he personally felt the school board could find the $600,000. Mr. Sager stated that he could live with the $3.7. Mrs. Sherwood stated that she felt the school board could find the $600,000, by trimming it down as the rest of the county offices have been asked to trim down. Mr. Smith stated that he was caught between what the school board needs, and what the county citizens will be asked to pay for. He would agree to this provided that the teachers would receive the 4% pay increase. Mr. Dick stated that he would like to see the 2% that is planned for the administrators, etc. be deleted and added back to the teachers in order that they would receive a 6% increase. Mr. Longerbeam stated that he felt the school board could come up with this reduction, without changing the teachers proposed increase of 4%. Mr. Riley explained that 3.8 million would be an increase of 17 cents on the real estate tax. Mr. Dick stated that he would like to see $3,250,000 in new money, plus the debt service for the school budget. Mr. Longerbeam explained with giving the school board $225,000 million the figure would be $3,648,354. with a 19 cent tax increase on real estate equalling $4.313 million. Mrs. Cheryl Shiffler replied this would give us $665,000. Mr. Longerbeam stated that if the board uses this figure, 19 cents for a tax increase, he felt it should be earmarked as funds going to the fund balance and not for expenditures. The Board asked Mr. Riley to inform the school board of the boards decision and the amount their budget must be reduced by. The Board discussed whether it would be necessary to have a future meeting once the final figures are in from Richmond. It was the consensus of the Board to advertise the budget for a 19 cent increase in real estate and lower the personal property rate from $4.25 to $3.95. Mr. Riley explained that the staff would continue to try and find ways to lower this 19 cent increase, if possible, as " 2.....,~ v:::> well as trying to find a way to fund the two fire fighter positions needed in the western end of the county as well as the areas within the Sheriff's budget that would provide public safety to the citizens of Frederick County. UPON IIOTION MADE BY W. BARRDlG'l'ON SKITH, .JR., SECONDED BY JAKES L. lDNGERBEAII, THERE BEING NO FUK.l'.tUSK BUSINESS TO COIlE BEFORE THIS BOARD, THIS JIEE'l'ING IS HEREBY ADJOURIfED.