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HomeMy WebLinkAboutMay 22, 1991 Regular Meeting262 A Regular Meeting of the Frederick County Board of Super- visors was held on May 22, 1991, 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Charles W. Doughty, Sr., Church of Christ at Mountain View. ADOPTION OF AGENDA Mr. Stiles requested time to read a letter. Mr. Riley, County Administrator, asked for approval of the Route 37 Agreement and date to be set for public hearing on the sale of Shawneeland lots. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the Agenda was adopted as amend- ed. APPROVAL OF MINUTES Mr. Rinker noted that in the minutes of April 10, 1991, Page 6, to include the words "to include raises" after "$100 Mr. Crosen noted that on Page 13, he voted no on the revised master development plan of Hampton Chase. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the minutes of the Regular Meeting of April 10, 1991 were approved as amended. Mr. Rinker noted that in the minutes of April 24, 1991, on Page 3, under the section dealing with the appropriation request for the Regional Jail, the last sentence, the words should read "issued to" and not "received from ". Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the minutes of the Regular Meeting of April 24, 1991 were approved as amended. 263 MICHAEL D SANDY APPOINTED TO THE SOCIAL SERVICES BOARD FROM OP DON DISTRICT Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, Michael D. Sandy was appointed to the Social Services Board as a representative from Frederick County, for a four year term, said term to commence July 1, 1991 and expire on June 30, 1995. JUDITH A SWIGER APPOINTED TO THE HISTORIC RESOURCES ADVISORY BOARD AS A MEMBER -AT -LARGE Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, Judith A. Swiger was appointed to the Historic Resources Advisory Board as a Member - At- Large, filling the vacancy created by the resignation of Linda Spicer, for a three year term, said term to commence May 22, 1991 and expire on May 22, 1994. APPOINTMENT TO LORD FAIRFAX HEALTH DISTRICT ADVISORY BOARD TO BE ADVERTISED It was requested that the vacancy created by the resigna- tion of Jimmy Whitmer be advertised. JAMES H. DIEHL REAPPOINTED TO THE SAN A Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, James H. Diehl was reappointed to the Sanitation Authority as a County representative, for a four year term, said term to be retroactive to April 15, 1991 and expire on April 15, 1995. NOMINATION TO THE BOARD OF EDUCATION FROM GAINESBORO DISTRICT Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, Joseph L. Headley was nominated to serve a second term on the Frederick County Board of Educa- tion from Gainesboro District. REQUEST FROM FREDERICK COUNTY ELECTORAL BOARD FOR SUPPLE- MENTAL FUNDING TO PURCHASE AN ADDITIONAL VOTING MACHINE - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the request from Frederick County Electoral Board for supplemental funding in the amount of $1,180 to purchase an additional voting machine was approved. CORRESPONDENCE RECEIVED FROM WINCHESTER - FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION RE: AVAILABILITY OF WATER 26 TO SUPPORT BUSIN LOCATION AND EXPANSION IN OUR COMMUNITY The Board directed that this correspondence be sent to the Sanitation Authority for their review and recommendation. Mr. Rinker noted that the Sanitation Authority had dis- cussed this to some degree. CORRESPONDENCE FROM THE VIRGINIA ASSOCIATION OF COUNTIES RE: FEDERAL SURFACE TRANSPORTATION ASSISTANCE ACT (STAA) - DISCUSSED Virginia Association of Counties is concerned with the STAA which is currently being proposed by the Bush Administration. This Bill will determine the means by which Federal funds for transportation will be allocated to the States over the next five years. VACo feels that under the Administration proposal, Virginia would fare very badly and therefore VACo is requesting Counties to contact their representative in Congress to vote against this. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, to endorse VACo's position on the STAA. RESOLUTION RE: REGIONAL SOLID WASTE MANAGEMENT PLAN: 2010 - APPROVED Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the following resolution was approved: WHEREAS, the County of Frederick, Virginia is required by Virginia Waste Management Board regulations, promulgated by the Department of Waste Management (hereinafter Department), pursu- ant to Chapter 14 (Section 10.1 -1400 et.seq.) and Section 10.1 -1411 of the Code of Virginia (1950), as amended, to com- plete a solid waste management plan in compliance with such regulations no later than July 1, 1991; and WHEREAS, the County of Frederick may participate in a regional plan as a means of meeting the regulatory requirements; and WHEREAS, the Counties of Clarke, Frederick, Page, Shenandoah, and Warren; the City of Winchester, the member Towns of Front Royal, Luray, Middletown and Stephens City, and the Towns of Berryville, Boyce, Edinburg, Mount Jackson, New Market, Shenandoah, Stanley, Strasburg, Toms Brook and Woodstock have adopted petitions requesting regional planning agency designa- tion of the Lord Fairfax Planning District Commission for the purposes of a regionally coordinated landfill service area based, solid waste management plan; and WHEREAS, the Lord Fairfax Planning District Commission meets the Department's criteria as a regional planning agency as set out in regulations Section 5.4; and 265 WHEREAS, the Commission's Solid Waste Management Technical Committee has developed amendments and Landfill Service Area Plan formats for the Regional Solid Waste Management Plan: 2010, adopted September 21, 1989 which will bring it into compliance with the Virginia Department of Waste Management Board Regulations for individual local government solid waste planning; and WHEREAS, the Commission conducted a District -wide public hearing on March 21, 1991 in accordance with all provisions of the Virginia Area Development Act and related legal requirements for public hearings; and WHEREAS, the Lord Fairfax Planning District Commission, in regular session assembled, has recommended that local jurisdic- tions review the appropriate Landfill Service Area Plan and adopt by resolution the Regional Solid Waste Management Plan: 2010 by June 20, 1991 to meet the required submission date; THEREFORE, BE IT RESOLVED, that the County of Frederick join with the other jurisdictions of the Lord Fairfax Planning District and adopt the Regional Solid Waste Management Plan: 2010 for the purposes of a regionally coordinated, landfill service area based, solid waste management plan; and BE IT FURTHER RESOLVED, that the County of Frederick cooperate within the Frederick County landfill service area to establish programs to recycle a substantial portion of the waste stream, which will help meet the established goals; and BE IT FURTHER RESOLVED, that the County of Frederick, as a member government within the Frederick County landfill service area will contribute toward the plan development and maintenance as locally determined by the landfill management entity and its user jurisdictions. CORRESPONDENCE FROM CITY OF WINCHESTER RE' WINCHESTER AIRPORT AUTHORITY AGREKMIK SIT - TABLED Mr. Riley explained that the Authority has requested this to be tabled as they are not ready at this time. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the correspondence from the City of Winchester regarding the Winchester Airport Authori- ty Agreement was tabled. CHAIRMAN READ LETTER FROM ED SLAVICK OF KRAFT FOODS Mr. Stiles read a letter addressed to George Romine from Mr. Ed Slavick of Kraft Foods wherein he thanked Mr. Romine, the Economic Development Commission and the County for all their assistance to Kraft personnel in the moving of Kraft Foods to Frederick County. PUBLIC HEARING FOR SALE OF SHAWNEELAND LOTS SCHEDULED FOR JULY 10, 1991 Mr. Owen requested a public hearing for sale of Shawneeland lots which were donated to the County. 266 It was the consensus of the Board to schedule the sale of these lots for public hearing on July 10, 1991. REQUEST FROM TOP OF VIRGINIA FOR WORKSESSION RE: PROPOSED FREDERICK COUNTY SUBDIVISION ORDINANCE It was noted that the Planning staff is in the process of scheduling this worksession. PUBLIC HEARING RESOLUTION APPROVING VPSA BONDS FOR $1.000,000 SUMMER ISSUE MIDDLE SCHOOL AND RESOLUTION RATIFYING CERTAIN TERMS OF THE COUNTY OF FREDERICK VIRGINIA. $5,350.000 GENERAL OBLIGATION SCHOOL BONDS SERIES 1991A - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tions were approved: WHEREAS, the School Board of the County of Frederick, Virginia (the "School Board ") obtained a commitment (the "Commitment ") from the Commonwealth of Virginia Board of Education (the "Board of Education ") for a loan of $1,000,000 (the "Literary Fund Loan ") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia and dedicated to the support of public education in the Commonwealth of Virginia (the "Literary Fund "), for the construction, renovation and expansion of school buildings (the "Project ") in the County of Frederick, Virginia (the "County "); WHEREAS, the Board of Education was to have given advances on the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for tempo- rary notes from the School Board to the Literary Fund (the "Temporary Note ") for the amount so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Note was to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation ") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4 %) per annum and mature in annual installments for a period of twenty (20) years; WHEREAS, in connection with the 1991 Interest Rate Subsidy Program (the "Program "), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment equal to the net present value difference, determined on the date the VPSA sells its bonds, between the interest rate that the Literary Fund Obligation would have borne and the interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA (the "Lump Sum Cash Payment "); WHEREAS, the Board of Supervisors ( "Board ") of the County has determined that it is necessary and expedient to borrow not to exceed $1,000,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes; WHEREAS, the County has held a public hearing on May 22, 1991 on the issuance of the Bonds (as defined below) in accord- ance with the requirements of Sections 15.1 -171.1 and 15.1 -504, Code of Virginia of 1950, as amended ( "Virginia Code "). 267 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation bonds in an aggregate amount not to exceed $1,000,000 ( "Bonds ") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds It is determined to be in the best interest of the County to accept the offer of the VPSA and the Board of Education for the VPSA to purchase, and the County to sell to the VPSA, the Bonds at par upon the terms established pursuant to this Resolution and for the County to accept the Lump Sum Cash Payment from the Board of Education. The County Administrator and the Chairman of the Board, or either of them, or such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA ( "Bond Sale Agreement ") and to accept the Lump Sum Cash Payment from the Board of Education. 3. Details of the Bonds The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1991B and shall bear interest, shall mature and shall be subject to such other terms and conditions as may be established in accordance with paragraph 4 of this Resolution or by subsequent resolution of the Board of Super- visors. 4. Maturity Amounts and Interest Rates The County Administrator or Chairman of the Board is hereby authorized and directed to accept the redemption provisions and the interest rate or rates on the Bonds established by the VPSA, provided that no such interest rate or rates shall be more than ten one - hundredths of one percent (10 /100 or 1 %) over the annual rate to be paid by the VPSA for the corresponding maturity of the bonds to be issued by the VPSA ( "VPSA Bonds "), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that no interest rate or rates on the Bonds shall exceed nine percent (9%) per annum. The County Admini- strator or Chairman of the Board is further authorized and directed to accept the maturities established by the VPSA for principal installments of the Bonds, provided that the final maturity of the Bonds shall not be later than January 1, 2013. The County Administrator or Chairman of the Board is authorized and directed to accept the aggregate principal amount of the Bonds established by VPSA, provided such amount does not exceed $1,000,000. The execution and delivery of the Bonds as de- scribed in paragraph 7 hereof shall conclusively evidence such redemption provisions, interest rates, maturity amounts and aggregate principal amount as having been approved and author- ized by this Resolution. As required by Section 15.1- 186(a) of the Code of Virginia (1950), as amended the estimated interest rate on the Bonds is seven percent (7.0 %) per annum and the estimated interest charges required to repay and retire the Bonds is $840,000. 5. Form of the Bonds For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 or any integral multiple, as requested by the VPSA, in exchange for the temporary typewritten Bond. ME: 6. Payment: Paying Agent and Registrar The following provisions shall apply: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 A.M. on the applicable Interest Payment Date and Principal Payment Date, or if such date is not a business day for Virginia banks or for the Common- wealth of Virginia, then at or before 11:00 A.M. on the business day preceding such Interest Payment Date and Principal Payment Date. (b) All overdue payments of principal or interest shall bear interest at the applicable interest rate on the Bonds. (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Execution of the Bonds The Chairman and the Clerk of the Board are authorized and directed to execute and deliver the Bonds in an aggregate principal amount not to exceed $1,000,000 and to affix the seal of the County thereto. 8. ledae of Full Faith and Credit For the prompt payment of the principal of, the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate and amount. 9. Non - Arbitrage Certificate The County Administrator or such officer or officers of the County as the County Admini- strator may designate are hereby authorized and directed to execute a Non - Arbitrage Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended ( "Code "), and applicable regulations relating to the exclusion from gross income of interest on the Bonds or on the VPSA Bonds. The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non - Arbitrage Certif- icate and that the County shall comply with the other covenants and representations contained therein. Furthermore, the Board covenants on behalf of the County that the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 10. State Non - Arbitrage Program- Agreement The Board hereby determines that it is in the best interests of the County to authorize and direct the Treasurer of the County to partici- pate in the State Non - Arbitrage Program in connection with the Bonds. The County Administrator, and such officer or officers of the County as he may designate, are hereby authorized and directed to execute and deliver an agreement with respect to the deposit and investment of proceeds of the Bonds. 11. Filing of Resolution The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 12. Further Actions Each member of the Board of super- visors and all other officers, employees and agents of the 269 County are hereby authorized to take such action as the County Administrator may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 13. Effective Date This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors, County of Frederick, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on May 22, 1991, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consider- ation of the foregoing resolution, a quorum was present. WITNESS my hand and the seal of the Board of Supervisors of the County of Frederick, Virginia. Dated: May 22, 1991 js/ John R. Riley, Jr. Clerk, Board of Supervisors County of Frederick, Virginia WHEREAS, this Board adopted a resolution on February 13, 1991 ( "Resolution "), authorizing the issuance and sale of not to exceed $21,760,000 General obligation School Bonds, Series 1991A, of the County of Frederick, Virginia, ( "Bonds ") setting forth the form and details thereof and directing the County Administrator to accept the maturities, amounts and interest rates for the Bonds established by the Virginia Public School Authority; — Il NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS ` OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The aggregate principal amount and maturities and interest rates for the Bonds established by the County Admini- strator in the attached Certificate as to Interest Rates are hereby approved and ratified. 2. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, hereby certifies that the forego- ing constitutes a true and correct copy of a resolution duly adopted at a meeting of the Board of Supervisors duly called and held on May 22, 1991. Dated: May 22, 1991 /s/ John R. Riley, Jr. Clerk, Board of Supervisors of the County of Frederick, Virginia End of Public Hearing. PLANNING COMMISSION BUSINESS CONDITIONAL USE PERMIT 1003 -91 OF MARIETTA AND RIM WALLS, BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Wayne Miller, Zoning Administrator, presented this conditional use permit request and stated that the staff and Planning Commission recommended approval with conditions. 270 Mrs. Walls addressed the Board on behalf of her request. There was no public input. Upon motion made by Robert M. Rhodes, seconded by Charles W. Orndoff, Sr. and passed unanimously, conditional use permit number 003 -91 of Marietta and Kim Walls, Winchester, Virginia, for a veterinary office and hospital was approved with condi- tions as noted by the Planning Commission. This property is located West of Winchester on the South side of Route 622, Cedar Creek Grade in the Back Creek Magisterial District and is identified as Parcel 2K on Tax Map 63. CONDITIONAL USE PERMIT NUMBER 004 -91 OF LUTHER H. COMBS - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Miller presented this conditional use permit request and stated that the staff and Planning Commission recommended approval with conditions. Mr. Combs was present on behalf of his request. Upon motion made by Roger L. Crosen, seconded by Charles W. Orndoff, Sr. and passed unanimously, conditional use permit number 004 -91 of Luther H. Combs, Winchester, Virginia, for an auto repair shop was approved with conditions. This property is located at Green Springs on Route 654 in the Gainesboro Magi- sterial District and is identified as Parcel 69E on Tax Map 22. End of Planning Commission public hearings. PRELIMINARY MASTER DEVELOPMENT PLAN OF SENSENY GLENN - APPROVED Mr. Kris Tierney, Deputy Director of Planning and Develop- ment, presented this preliminary master development plan. Mr. Ron Mislowsky, of G. W. Clifford and Associates, addressed the Board on behalf of this request and to answer any questions the Board might have. Mr. Stiles noted that this property was rezoned in 1973. Mr. Smith once again brought up the very bad traffic problem in this area and on Senseny Road in particular. He noted that this really concerns him and he would request that at least the intersection of Senseny Road and Greenwood Road be corrected. 271 Mr. Crosen asked the Board to look at the water situation in the County and what effect developments such as this will have on water availability in the future. Mr. Riley replied that he felt this would be negotiated with the City of Winchester. Mr. Stiles stated that he felt the Sanitation Department is ahead of this problem. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the preliminary master development plan of Senseny Glenn was approved. End of Planning Commission business. ROUTE 37 PROJECT AGREEMENT - TO BE DISCUSSED AT MEETING SCHEDULED By COUNTY ADMINISTRATOR'S OFFICE Mr. Stiles asked Mrs. Bayliss to schedule this meeting as soon as possible. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A (1) and (6) to discuss personnel and legal matters and to also discuss acquisition and disposition of real estate. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board recon- vened into Regular Session. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, that nothing was discussed other than what was noted in the request for an Executive Session. DEPARTMENT OF TRANSPORTATION IS TO BE NOTIFIED ONCE THIS HAS BEEN DONE Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the Board is in agree- ment for this to be done. REQUEST FROM DONALD LAMBORNE TO BUILD SEWER PLANT IN SHAWNEELAND DISCUSSED Mr. Stiles stated that Donald Lamborne had approached him about constructing a sewer plant in Shawneeland and that this had gone to the Planning Commission but did not get anywhere. The Board stated they would not entertain any requests for easements in the Sanitary District unless and until requests come to the Board of Supervisors through the Sanitary District Advisory Committee. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. rman, L/ Cle , o r f siipervisors