Loading...
March 10, 2004 Regular Meeting 397 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, March 10,2004, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Barbara E. Van Osten; Gary W. Dove; Bill M. Ewing; Gina A. Forrester; W. Harrington Smith, Jr.; and Lynda 1. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Barbara Roby of the People's Country Church gave the invocation.. PI, EDGE OF ALLEGIANCE Supervisor Smith led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED Administrator Riley advised there were no additional items for the agenda.. Upon a motion by Supervisor Smith, seconded by Vice-Chairman Van Osten, the agenda was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye CONSENT AGENDA - APPROVED Administrator Riley suggested the following tabs for approval under the Consent Agenda: 1. Closing of County Offices for Apple Blossom Festival - Tab C; 2. Code and Ordinance Committee Report - Tab H. Upon amotion by Supervisor Forrester, seconded by Supervisor Ewing, the Consent Agenda was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 03/1 0/04 398 BOARD OF SUPERVISORS COMMENTS Supervisor Tyler stated that she was proud ofthe Board taking a stand with the City during yesterday's press conference regarding the state budget. She was especially proud ofthe Chairman and felt he did an outstanding job representing the entire Board during the joint press conference. Supervisor Dove advised that the state budget process was trying for everyone and it was unfair to pit the citizens against the School Board and the Board of Supervisors. Supervisor Smith read the following list of average real estate tax rates for Northern Virginia localities: - Arlington County = $3,615.00 - FairfaxCounty= $4,147.00 - Loudoun County = $3,917.00 - Prince William = $2,797.00 Supervisor Smith advised that Loudoun County is just fifteen miles to the east and the tax situation is not going to get any better. Chairman Shickle advised that he was at first reluctant to take part in the joint press conference, but he felt it was important to encourage the state to adopt a budget. He went on to say that the County's advertising deadline is March 13t\ therefore, the Board would be adopting a budget without knowing the amount of state funding that might be received. Chairman Shickle advised that the prevailing feelings in the House were that local budgets are "bloated", there are too many local services, and there should be a cap on real estate tax. He concluded by saying that it was incumbent upon the Board to drawback because of the lack of state funding forth coming. Supervisor Tyler advised ifthe state is not going to give localities money then they need to give them the tools to make money. MINUTES-APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes from the February 17, 2004 Shenandoah University Tourism CenterWork Session were approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 03/10/04 399 Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Smith, the minutes from the February 18,2004 Budget Work Session were approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the minutes from the February 25,2004 Budget Work Session with the School Board were approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Upon a motion by Supervisor Smith, seconded by Vice-Chairman Van Osten, the minutes from the February 25, 2004 Regular Meeting were approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS NANCY "TOOTlE" C. RINKER REAPPOINTED TO THE EXTENSION LEADERSHIP COUNCIL AS A MEMBER-AT -LARGE - APPROVED Upon amotion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, Nancy "Tootie" C. Rinker was reappointed to the Extension Leadership Council as a Member-at-Large. This is a four year term, said term to expire April 24, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 03110/04 400 Lynda 1. Tyler - Aye TRANSPORTATION COMMITTEE TOWN OF STEPHENS CITY REPRESENTATIVE APPOINTMENT - DEFERRED Supervisor Ewing advised that the Town of Stephens City had informed him that George R. Vaught does not wish to serve again. He asked that this appointment be deferred until the next meeting. CLOSING OF COUNTY OFFICES FOR APPLE BLOSSOM FESTIVAL - APPROVED UNDER CONSENT AGENDA The Board approved the closing ofthe County Offices on Friday, April 30, 2004 for the 77th Shenandoah Apple Blossom Festival. PROCLAMATION (#005-04) RE: APRIL 2004 AS FREDERICK COUNTY CLEAN SWEEP MONTH - APPROVED Supervisor Tyler emphasized the Board's support over the last two year's regarding this initiative. Under this program, non-profit organizations that collect garbage along the roadways will be paid $2.00 per bag to support their various causes. She hoped for greater participation than in the past and encouraged everyone to get involved. Supervisor Tyler read the following proclamation: WHEREAS, The Frederick County Board of Supervisors, recognizes its duty to preserve the quality of life for its citizens; and WHEREAS, The Board acknowledges the detrimental environmental, social, and economic impacts of litter; and WHEREAS, The Board commits to prevent and control litter through education, awareness, enforcement and community cleanup and beautification initiatives; and WHEREAS, The Board solicits the cooperation of local officials, state legislators, community volunteers, and various government agencies to combat litter in the community; and WHEREAS, The Board recognizes the need for volunteers and corporate stewardship in order to achieve these goals; and partners with over two million volunteers across the United States improving their neighborhoods as part of the 2004 Great American Cleanup. WHEREAS, The Board recognizes that these efforts are in keeping with the stated goals of its Environmental Policy Statement to encourage, facilitate and increase citizen awareness and involvement in efforts to protect the environment; and NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby proclaim April 2004 as Frederick County Clean Sweep Month. Adopted this 10th day of March, 2004. Supervisor Tyler moved to adopt the preceding proclamation. The motion was seconded by Supervisor Smith and approved by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 0311 0/04 401 Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye REOUEST FROM PUBUC WORKS DIRECTOR FOR PURCHASE OF PROPERTY FOR THE LANDFILL - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved the real estate sales contract between Walter E., Jr. and Judy P. Martin and Frederick County, Virginia, for the purchase of 0.5 acres located on the south side of Sulphur Springs Road near the entrance of the landfill with a sales price of $66,000. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye OZONE EARLY ACTION PLAN - APPROVED Administrator Riley advised this plan was approved by the Winchester City Council at its meeting last evening and Economic Development Director Patrick Barker was present to answer any questions. Supervisor Tyler asked if any additional costs were incurred by the locality. Mr. Barker responded that there were no local expenses as this project was funded by the Department of Environmental Quality. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board approved the Ozone Early Action Plan. The above motion was adopted by the following recorded vote. Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye MEMORANDUM AND RESOLUTION (#050-04) RE: ACCEPTANCE OF PUBUC SAFETY PPEA UNSOLICITED PROPOSAL - APPROVED Minute Book Number 29 Board of Supervisors Regular Meeting of 03/1 0/04 402 Administrator Riley informed the Board that the Public Works Committee met on February 24, 2004 and reviewed the entire proposal for this project. Based on that review and the need to house the County's public safety agencies, the Committee has recommended that the Board accept this unsolicited proposal and move forward through the PPEA process. Supervisor Ewing asked if the location was flexible or was the Board tied to a particular location. Administrator Riley responded that the location was flexible and the required ad would be generic so a group could prepare a submittal with an alternate location. Chairman Shickle asked if the Board was concerned about the size and cost ofthe proposal would endorsement ofthe proposal send the wrong message. Administrator Riley responded no because no proprietary information contained in the unsolicited proposal could be included in the ad. He went on to say that both the Public Works and Public Safety Committees would meet again and finalize the offer. Administrator Riley advised that there was proprietary information such as size of the building, floor plans, and cost included in the agenda materials and the Board needs to be wary ofthat information. He concluded by saying that it would be appropriate for the Board to make their concerns known. Chairman Shickle advised that he was concerned about the size and cost of the proposed project. Administrator Riley advised that this proposal is a concept and not a concrete project. He went on to say that the Board would receive other proposals to review and find possibly find something more feasible. Chairman Shickle expressed concern about approving an undesirable proposal for a desirable project. Vice-Chairman Van Osten asked if the proposal was driven by staff input. Administrator Riley responded yes and went on to say that if the proposal completely followed staff input it would have been much larger. Vice-Chairman Van Osten stated there might be come confusion and dislike surrounding this particular proposal, but she was comfortable moving forward. She went on to say that the Board needs to keep long range needs in mind. Supervisor Ewing stated that the Board was not committed to anything until they find a Minute Book Number 29 Board of Supervisors Regular Meeting of 0311 0/04 403 project they want. Administrator Riley responded correct. Upon a motion by Supervisor Dove, seconded by Supervisor Tyler, the Board approved the following resolution: RESOLUTION PROPOSED PUBLIC SAFETY BUILDING PROJECT WHEREAS, a public safety building project to house the Fire and Rescue and Sheriffs Department has been a number one priority on the Frederick County Capital Improvement Program for the last five years; and WHEREAS, the current facilities are located in the courts and administrative offices in downtown Winchester, far from the constituencies that they serve, and are cramped and outdated; and WHEREAS, the Winchester Regional Airport Authority has surplus land available that said authority is willing to lease to the County of Frederick. WHEREAS, it is the desire of the Frederick County Board of Supervisors to design, construct and equip the proj ect pursuant to the Public Private Education Facilities and Infrastructure Act of 2002 (PPEA). NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby accept the Virginia Public Private Education Facilities and Infrastructure Act of2002 (PPEA) proposal for the public safety building and directs the county administrator to initiate the review and complete the proposal process. ADOPTED, this 10th day of March, 2004. The above resolution was adopted by the following recorded vote: Richard C. Shickle - Nay Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye COMMITTEE REPORTS CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Code & Ordinance Committee met on Tuesday, February 24,2004,3:30 P.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were chairman of the committee Supervisor Gary W. Dove, Stephen G. Butler, and Michael L. Bryan. Also present were Fire and Rescue Director Gary DuBrueler, Fire Marshal Denny Linaburg, Captain 1. D. Snoots, County Attorney Lawrence R. Ambrogi and County Administrator John R. Riley, Jr. Supervisor Bill M. Ewing was absent due to illness. The committee submits the following: ***Information Items Only*** Minute Book Number 29 Board of Supervisors Regular Meeting of 03/10/04 I 404 1. Discussion of the Fire Prevention Code - The Director of Fire and Rescue and the Fire Marshal presented proposed ordinance amendments to the Frederick County Code, Chapter 90, Fire Protection for the Committee's consideration. The proposed amendments call for the adoption of the Frederick County Fire Prevention Code, which would replace the existing Chapter 90. The new ordinance would incorporate the Virginia Statewide Fire Prevention Code and the IFC National Fire Prevention Code by reference and would give the Fire Marshal the ability to inspect commercial, public, and institutional facilities for compliance once these facilities are constructed. The proposed amendments would further allow the Fire Marshal to issue permits and assess fire prevention fees to off-set the costs associated with these inspections. The Committee deferred this item for thirty days to allow staff to provide a more specific and concise version of the ordinance to be adopted. 2. Discussion of Vehicles and Traffic Code with Reference to Parkin!! Issues - The sheriff presented proposed ordinance amendments to the Frederick County Code, Chapter 158, Vehicles and Traffic, Article II, Stopping, Standing, and Parking. The proposed amendments would repeal S 158-5 Parking Meters and would create a new S 158-5.1 Other Parking Violations. This new section would enable the County Sheriffs Department to more effectively enforce a more comprehensive set of ordinances covering parking issues. The proposed amendments would also incorporate, by reference, V A Code Section 46.2-1242, Parking in spaces reserved for persons with disabilities; local ordinances, penalty. The Committee deferred this item for thirty days to allow staff an opportunity to provide a final draft ofthese proposed changes to be presented to the Board. 3. Discussion on Leeislation Rel:ardin!! Solicitation for Charitable Orl!anizations - The Committee is preparing enabling legislation and the subsequent verbiage to address the problem of individuals soliciting money from citizens stopped at red lights on Routes 50 and II as well as other public roadways. The Committee referred this item to the citizen members and the County Attorney for review and preparation of a draft ordinance. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER ACCEPTANCE OF PUBLIC SAFETY PPEA UNSOLICITED PROPOSAL The Public Works Committee met on Tuesday, February 24,2004 at 8:00 a.m. All members were present. The following items were discussed: *** Items Requiring Action *** 1. Public Safetv Buildinl: The Northrop-Grumman Company presented their unsolicited proposal for the design and construction of an approximate 150,000 square foot public safety building. After a question and answer period conducted in closed session, the committee reconvened into an open session and unanimously voted to accept the unsolicited proposal. Acceptance by the Board of Supervisors will allow the process as defined under the PPEA guidelines to proceed to the next phase which includes a 45 day advertisement period to attract other interested unsolicited proposals. *** Items Not Requiring Action *** 1. New Aquatics Center The Shockey Company presented their unsolicited proposal for the design and construction of a new aquatics center. After conducting a question and answer period in closed session, the committee reconvened in open session and recommended that action on the unsolicited proposal be deferred until the final project scope can be finalized. PERSONNEL COMMITTEE REPORT - APPROVED Supervisor Forrester recommended that the following request be forwarded to the Board of Supervisors without a Personnel Committee recommendation. Minute Book Number 29 Board of Supervisors Regular Meeting of 03/10/04 405 1. Request from the CFFW Jail Superintendent to Reclassify Positions - Auuroved The Regional Jail Superintendent requests to reclassify two Correctional Officer positions to a Correctional Investigator and an Account Clerk II and to reclassify an existing Account Clerk II position to Account Clerk III and LIDS technician to range 18. No additional funding is required. Superintendent Hildebrand appeared before the Board on behalf ofthis request and advised that the reclassifications would not affect the upcoming budget. Upon a motion by Supervisor Forrester, seconded by Supervisor Smith, the Board of Supervisors approved the request from the CFFW Jail Superintendent to reclassifY positions. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye PUBLIC HEARING PUBLIC HEARING - PROPOSED SCHOOL BOND FINANCING BY THE COUNTY OF FREDERICK. VIRGINIA. THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK. VIRGINIA (THE "COUNTY") WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2-2606 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE "BONDS") OF THE COUNTY IN THE ESTIMATED MAXIMUM AMOUNT OF $9.200.000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES. A RESOLUTION (#049-04) AUTHORIZING THE ISSUANCE OF THE BONDS WILL BE CONSIDERED BY THE BOARD OF SUPERVISORS AT THIS MEETING ON MARCH 10.2004 - APPROVED Administrator Riley advised that the resolution reflects the issuance of$9.2 million to finance projects for public school purposes. These projects include the construction of a new middle school and the preliminary design of a new elementary school. Chairman Shickle convened the public hearing on this matter. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Smith, seconded by Vice-Chairman Van Osten, the Board approved the following resolution: A RESOLUTION (#049-04) AUTHORIZING THE ISSUANCE AND SALE OF A MAXIMUM AMOUNT OF $9,200,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF FREDERICK, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC Minute Book Number 29 Board of Supervisors Regular Meeting of 03110/04 406 SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Frederick, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $9,200,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the Board held a public hearing on March 10, 2004 on the issuance of the bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code"). WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds and has consented to the issuance ofthe Bonds. WHEREAS, the objective of the Virginia Public School Authority (the "VPSA") is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale ofVPSA's bonds. WHEREAS, such factors may result in requiring the County to accept a discount, given the VPSA Purchase Price Objective and market conditions, under which circumstance the proceeds from the sale ofthe Bonds received by the County would be less than the amount set forth in paragraph 1 below. 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 school bonds of the County in the aggregate principal amount not to exceed $9,200,000 (the "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 VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman ofthe Board, or either of them, and such officer or officers ofthe County as either ofthem may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 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 2004A" (or such other designation as the County Administrator may approve) shall bear interest from the date of delivery thereofpayable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning January 15,2005, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 ofthis Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request ofVPSA. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be no more than ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date ofthe bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Minute Book Number 29 Board of Supervisors Regular Meeting of 03/1 0/04 407 Bonds, and provided further, that the true interest cost ofthe Bonds does not exceed six percent (6%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming duc on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery ofthe Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (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, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before II :00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments ofthe Bonds held by the VPSA coming due on or before July 15,2014, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15,2014 are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2014 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15,2014 are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2014 upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15,2014 to July 14, 2015, inclusive. .. .. .. . . . . . . . . . . ...... . . . . July 15,2015 to July 14,2016, inclusive. . . . . . . . . . . . . . . . . . . . . ............ July 15,2016 and thereafter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101% 100.5 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both Minute Book Number 29 Board of Supervisors Regular Meeting of 03/10/04 408 signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, ifany, 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 ofthe principal of, and 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 or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds ofthe County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate: Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either ofthem and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if required by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment ofthe proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions ofthe Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) 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. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman ofthe Board, or either ofthem and such officer or officers ofthe County as either ofthem may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds ofthe Bonds by and among the County, the other participants in the sale ofthe VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 ofthe Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy ofthis Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman ofthe Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board 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. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the 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 March 10,2004, and ofthe whole thereof so far as applicable Minute Book Number 29 Board of Supervisors Regular Meeting of 03/10/04 409 to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal ofthe Board of Supervisors ofthe County of Frederick, Virginia, this 10th day of March, 2004. Supervisor Ewing read the following statement: "This Board is about to vote on a $9,200,000 bond issue of which $ 1,000,000 is designated for the design of a new 11th elementary school. I realize and can support the $ 8,200,000 included for the construction ofthe new Junior High School that the previous Board committed us to; however, I fail to see the rationalization for providing funding and committing the taxpayers to building anew school at a time when our School Board and School Administration has taken the position of closing the Gainesboro School where quality classroom space is available. I understand that the capacity is far less than the new school requested but according to the School Administration, every available space at this time is crucial. So crucial that they asked this Board at our last meeting to approve $ 800,000 for the purchase of modular units for additional classroom space. The Board of Supervisors cannot direct the School Board as to how they prioritize or allocate the funding provided by this Board, however, if! were doing it, I can fmd the necessary funds within the approved funding to keep Gainesboro open and also to fund the special education programs that are being eliminated. The approval ofthis $1 ,000,000 request for funding the design ofthis II th Elementary School is giving the School Board and Administration this Boards authorization to build this school. I am not in a position at this time to authorize this. For those that think bond money is free, I want to call your attention to the fact that the 2004-05 budget that we are now trying to find funds to balance, has a $ 1,700,000 increase in schools bonded debt. This bonded debt has to be paid. This is not the time to add more debt when we know that the only way to obtain funding is through tax increases. This $ 1,700,000 alone requires a 4 1/4 cent tax increase. It is time for this Board and the School Board to be more responsible to the tax payers of Frederick County in the way we spend their money. When times are hard and funds are not available, we must all bite the bullet and work together to make do with what we have. That time is here and now is the time to start respecting the hard working taxpayer." Vice-Chairman Van Osten stated that she understood Supervisor Ewing's reference to Minute Book Number 29 Board of Supervisors Regular Meeting of 03/10/04 410 Gainesboro, but felt it was important to keep in mind that the schools are not where the population is. She explained that the new school is located in the Urban Development Area (UDA) and would syphon off some of the overcrowding. She concluded by saying that she supported the bond issue. The above motion and resolution were adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Nay Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #01-04 OF SUSIE C. YOST, FORRE-ESTABLISHING ALEGALL YNONCONFORMING USE (ANTIOUE AND COLLECTIBLE SHOP). THE PROPERTY IS LOCATED AT 9263 NORTH FREDERICK PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 6-A-77 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Planner I Cheran appeared before the Board on behalf of this request. He advised that this property is located at 9263 North Frederick Pike in the Gainesboro Magisterial District. It is zoned RA (Rural Areas) and is currently being used as a Country store with a 24 seat restaurant. He stated that the applicant is proposing to operate an antiques store and is seeking a special use permit to do so. The Planning Commission at its February 18,2004 meeting recommended approval with the following conditions: 1. All review agency comments and requirements must be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County. All identified improvements shall be installed within six months of conditional use pernlit approval. 3. Signage shall be limited to one illuminated free-standing business sign, not to exceed 50 square feet in area and ten feet in height, along the frontage of North Frederick Pike (Rt. 522N.). 4. Any change of use or modification will require a new conditional use permit application. Planner I Cheran concluded by saying that the property owner and applicant were present should the Board have any questions. Chairman Shickle opened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Vice-Chairman Van Osten, the Board approved Conditional Use Permit Application #01-04, Susie C. Yost. Minute Book Number 29 Board of Supervisors Regular Meeting of 0311 0/04 411 The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye OTHER PLANNING ITEMS DISCUSSION OF ADDING MINOR SITE PLAN TO THE FREDERICK COUNTY ZONING ORDINANCE Planner I Cheran appeared before the Board on behalf of this item. He advised that the Development Review and Regulations Subcommittee, at its January 29,2004 meeting, discussed adding the Minor Site Plan to the Frederick County Zoning Ordinance. This was in response to the Development Review Fee Schedule approved by the Board of Supervisors in December 2002. Staff recommends adding the definition of Minor Site Plan to the Ordinance and including Minor Site Plan in Section 165-144 ofthe Zoning Ordinance. The Planning Commission was in favor of the proposed amendment. He concluded by saying that it was being included on tonight's agenda as a discussion item. Chairman Shickle stated that he felt the amendment was awkwardly worded and that it might be better served to have a section listing activities that require a minor site plan. Planner I Cheran advised that staff would make that change. Supervisor Tyler asked how much staff time was involved in reviewing a minor site plan. Director Lawrence responded that tbe $500 fee was based on the historical interpretation of site plans requirements for smaller proj ects. He went on to say that staff puts in approximately 15 hours per minor site plan and he believed tbe fee to be appropriate. He concluded by saying that one of the benefits of the minor site plan was to help smaller uses and that the fee captured what staff needed to cover costs. It was the Board's consensus to take this item through the public hearing process. BOARD LIAISON REPORTS Supervisor Tyler updated the Board on the co-location of the Tourism Center, Civil War Cluster, and Convention and Visitors Bureau. She advised that the Visitors Bureau wanted to stay at Abram's Delight and they have completed a list of needs to be addressed by Shenandoah Minute Book Number 29 Board of Supervisors Regular Meeting of 03/10/04 412 University. Supervisor Forrester advised that Social Services has been receiving a number of calls regarding families with small children sleeping in vehicles. She urged citizens to provide the vehicle license tag numbers when calling to report these situations. Supervisor Dove advised that the Economic Development Commission was working on a new branding logo that would emphasize both Winchester and Frederick County. He stated that Frederick County has increased commercial development by I % and that commercial development accounts for 23.4% of the total tax base for the County and City. The goal of the EDC is 25%. Chairman Shickle asked about the rural areas programs. Vice-Chairman Van Osten advised that the process was moving along nicely. The meetings will be held April 12, 13, 15,20, & 22 at different schools. Deputy Director Mohn advised that the purpose of these meetings was to set a comprehensive vision for the rural areas of Frederick County. He went on to say that they would be looking at transportation and rural economy issues. CITIZEN COMMENTS Elizabeth Kane, Gainesboro District, spoke concerning the School Board's announcement of the closure of Gainesboro Elementary School. She stated that she knew this particular decision was not the Board's to make, but she asked for their support for the school and keeping it open. Peggy Pearl, Gainesboro District, requested the Board give any extra money it receives to education so Gainesboro Elementary will not be closcd. She went on to say that developers building subdivisions should be required to pay their own way. Glenda Verdani, Gainesboro District, advised that she had two children at Gainesboro Elementary and asked the Board to give any additional funding received to education. She went on to say that instead of keeping an existing school open the School Board was willing to close it and overcrowd two others. She concluded by saying that the Board would not understand what the parents, teachers, and students have at Gainesboro until they walk through the doors and see the interaction between the students and teachers. Kimberly Baine, Gainesboro District, urged the Board to do everything in its power to keep Gainesboro Elementary open. She went on to say that she did not see the justification in closing this school in order to save $711,00. She concluded by asking the Board to do whatever they could to Minute Book Nnmber 29 Board of Supervisors Regular Meeting of 03/10/04 413 keep the school open. Tina Crane, Gainesboro District, asked the Board to give the necessary funding to the School Board in order to keep Gainesboro Elementary open. She went on to say that the children in the area need the school and that busing would add 30 to 60 minutes to the school day. There being no more public comments, Chairman Shickle closed this portion ofthe meeting. BOARD OF SUPERVISORS COMMENTS Vice-Chairman Van Osten advised that she would like the Board to entertain a discussion about adding quarterly work sessions to the meeting schedule. She felt the Board was at a point where they could benefit from informal discussions on various topics and issues and the work session would provide staff an opportunity to have some time with the Board to discussion various Issues. Supervisor Ewing advised that as long as they were productive he would be in favor of them. Administrator Riley advised that a work session could be set for May and staff could try to get a number oftopics out for the Board's review for inclusion on the agenda. Supervisor Tyler advised that she had received a letter from Congressman Wolfe regarding a Grant Workshop for competitive grants available through different federal agencies. She went on to say that she would like to see the County get a professional grant writer on staff and she would also like to see some staff members sent to this meeting. Administrator Riley advised that some staff members would be attending the workshop. Supervisor Dove advised that he would like to get a consensus from the Board regarding how any additional state funds should be spent. Vice-Chairman Van Osten advised that the decision regarding how the School Board uses its funds is up to the School Board; however, she did support additional funding for education. Supervisor Forrester stated that she hoped the Board did not look only at education, but would look at other departmental needs as well, such as Social Services and Public Safety. Supervisor Tyler advised that the Board did not have the ability to give categorical funding, but she was very supportive of the what the parents and teachers have done with Gainesboro Elementary and stated they should be commended. She went on to say that other areas in education have been cut as well, such as remedial courses. Administrator Riley advised that the Board had the option to do categorical funding of the Minute Book Number 29 Board of Supervisors Regular Meeting of 03/10/04 414 School Board budget, but not line item funding. Supervisor Ewing advised that if he was in the position to find funds in the School Board budget to keep Gainesboro open, he could find them because they are there. Vice-Chairman Van Osten addressed the local delegates' responses to the j oint County/City press conference. She agreed there were ways to cut a budget and she was confident the Board could find some waste in its budget, but she did not think the amount would be sufficient enough to fund programs. She went on to say that she thought the County and the School have tightened their belts and she felt the local representatives' comments on waste might be misguided because they do not know how we handle our budgets. Supervisor Tyler advised if the State would fund its mandates most localities would not be in their current financial shape. Supervisor Forrester added that Virginia ranked 44 out of 50 in state contributions to public education. She urged the Gainesboro parents to contact the local representatives and make them aware ofthis situation. Chairman Shickle advised the Board that he had been asked to sign the following proclamation, which would be taken by members ofthe Chamber of Commerce on their upcoming trip to China. PROCLAMATION (#006-04) BOARD OF SUPERVISORS FREDERICK COUNTY, VIRGINIA COMMEMORATING THE 2004 CHINESE TRADE MISSION WHEREAS, in 2002 Frederick County had the honor of welcoming members of the Chinese Delegation, who came to our region to explore trade opportunities and encourage continued exchange of future delegations as a means of increasing the understanding of our cultures, education, and business development; and WHEREAS, the Winchester-Frederick County Chamber of Commerce seeks to continue building these relationships by sending its own delegation to China; and WHEREAS, the goals of these exchange programs are to not only create sustainable business relationships but to also create strong social bonds that will be rewarding to both regions. NOW, THEREFORE, I, Richard C. Shickle, Chairman ofthe Board of Supervisors ofthe County of Frederick, Virginia, do hereby thank the citizens of China for the gracious hospitality that has been showered upon our local delegation and look forward to continuing the efforts to build strong social and economic bridges between our two regions. IN WITNESS THEREOF, I have set my hand and the Great Seal of Frederick County, Virginia, this loth day of March in the year of Our Lord Two Thousand Four. ADJOURN Minute Book Number 29 Board of Snpervisors Regular Meeting of 03/10/04 415 UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME 8:35 P.M.) " n R. Riley, Jr erk, Board of Supervisors ~ 4 \, Q-.-Q ~~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~ ~ .~xL Jay Ti s Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meeting of 03/10/04