September 22, 2004 Regular Meeting
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A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday,
September 22, 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; and Lynda J. Tyler.
ABSENT
Shawnee District - Vacant
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
In the absence of a minister, Supervisor Dove gave the invocation.
PLEDGE OF ALLEGIANCE
Vice-Chairman Van Osten led the Pledge of Allegiance.
ADOPTION OF AGENDA
Administrator Riley advised that he had one addition to the agenda. He requested that the
Board add a resolution ratifying his declaration of a local emergency as Item #8 under County
Officials.
Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Van Osten, the Board
approved the agenda as amended 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
Lynda 1. Tyler Aye
CONSENT AGENDA
Administrator Riley recommended the following items for approval under consent agenda:
1. Memorandum Re: Cancellation of Board Meetings During the 2004 Holiday Season -
TabC;
2. Frederick County Law Enforcement Mutual Aid Agreement - Tab F;
3. Resolution Re: Designating Back Creek Road (Route 704) as Rural Rustic Road - Tab
G.
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Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved
the consent agenda 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
Lynda J. Tyler Aye
APPOINTMENT OF SHAWNEE DISTRICT SUPERVISOR
Chairman Shickle thanked all 13 individuals that applied to fill this seat. He stated that the
Board was thankful that there were so many people willing to come forward to represent the
Shawnee District.
Vice-Chairman Van Osten echoed Chairman Shickle's remarks. She then moved that Gene
Fisher be appointed to fill the unexpired term on the Board of Supervisors for the Shawnee District.
The motion was seconded by Supervisor Tyler.
Supervisor Tyler stated that this was an unusual process, but the Board did not want a judge
to appoint the replacement. She stated that she wanted to see former Shawnee District Supervisor
W. Harrington Smith, Jr. well served.
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
Lynda 1. Tyler Aye
CITIZEN COMMENTS
Mark Lupton, 163 Dairy Comer Place in the Red Bud District, spoke concerning a garbage
accumulation problem at a low income apartment unit in his neighborhood. He advised that the area
was having problems with rats, skunks, and other rodents. He advised that he had spoken with his
Supervisor as well as several County departments. Mr. Lupton informed the Board that he had
contacted the owner about the garbage problem. He asked the Board to help get the neighborhood
cleaned up.
Chairman Shickle asked staff to follow up on this issue.
Bill Clements, 1238 Macedonia Church Road in the Shawnee District, addressed the Board
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regarding Master Development Plan #08-04 for the Townes at Mosby Station. He advised that the
closest townhouses were located .8 and. 9 miles from this neighborhood. He stated that the applicant
was proposing to put three-story townhouses in the existing single family neighborhood. He showed
photographs of his property on which he had superimposed pictures of the proposed townhouses.
He concluded by saying that there was a place for townhouses, but not in this development.
Brad Frazier, 1220 Macedonia Church Road in the Shawnee District, addressed the Board
regarding the Townes at Mosby Station. He did not believe the proposed townhouses fit into the
surrounding area. He advised that he and his wife moved to Frederick County to get away from the
congestion of Northern Virginia. He stated that there were other developments proposing to
construct townhouses using natural barriers as a buffer.
Stephanie Frazier, 1220 Macedonia Church Road in the Shawnee District, addressed the
Board regarding the Townes at Mosby Station. She thanked the Board for hearing all of those
present about this issue. She advised that she worked with townhouse residents on a daily basis.
She stated that if she and her husband wanted to see townhouses in their backyard they would have
stayed in Fairfax County. She presented the Board with photographs of her existing backyard. She
concluded by saying that she felt the proposed townhouses would overshadow her home.
Shannon Mantione, 1218 Macedonia Church Road in the Shawnee District, appeared before
the Board regarding the Townes at Mosby Station. She advised that she did not want townhouses
in her backyard and she thought this was being done for money and not for the benefit of the area.
Denise Dobbs, 1226 Macedonia Church Road, appeared before the Board regarding the
Townes at Mosby Station. She advised that she was strongly opposed to the townhouses on this site.
She felt they were not suitable and did not fit with the community at this time. She presented a
petition in opposition to this project signed by the residents ofthat area.
Matthew Berens, 110 Queens Way in the Shawnee District, appeared before the Board
regarding the Townes at Mosby Station. He advised that the residents on Queens Way did not
receive the letter to property owners that went out. He also believed that the area would be unsafe
because of the location of this development and the added traffic.
Rodney Butler, 1244 Macedonia Church Road in the Shawnee District, appeared before the
Board regarding the Townes at Mosby Station. He stated that this development was not compatible,
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suitable, or harmonious with the existing neighborhood. He believed the proposed development
should be separated from the existing neighborhood by a natural buffer. He felt the proposed
development would overwhelm the surrounding area. He felt this was an example of poor planning
by a developer who was interested in money.
Matt LeBlanc, 1233 Macedonia Church Road in the Shawnee District, appeared before the
Board regarding the Townes at Mosby Station. He believed the existing neighborhood was a good
neighborhood and he appreciated the entrepreneurial spirit of the property owner. He asked the
Board to consider the view of the community. He concluded by saying that he did not believe a good
balance was being reached with this proposal.
BOARD OF SUPERVISORS COMMENTS
There were no Board of Supervisor comments.
MINUTES-APPROVED
Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board
approved the minutes from the September 8, 2004 Regular Meeting 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
Lynda J. Tyler Aye
COUNTY OFFICIALS
CERTIFICATES TO ANNUAL LITTER-THON SPONSORS
The Board recognized the following businesses for their support of the county's litter
prevention initiative:
Awin Management, Inc. (BPI)
Fort Collier Group, LC
National Fruit Products Company, Inc.
Homespun Gifts & Gardens
Richmond American Homes
Beazer Homes
Oakerest Builders, Inc.
Southeastern Container, Inc.
Signet Screen Printing
Turner Real Estate LLC
Wright's Run LP (Eastgate Properties)
Zuckerman Company, Tnc.
The following volunteer groups were also recognized:
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Winchester Church of God Youth Group
Redland United Methodist Church
- Welltown United Methodist Church
SPCA
Apple Pie Ridge Elementary School PTO
Stephens City Girl Scouts
Citizens of Frog Hollow
Bowman Hollow Residents
Daisy Troop 772
MEMORANDUM RE: CANCELLATION OF BOARD MEETINGS DURING THE
2004 HOLIDAY SEASON - APPROVED UNDER CONSENT AGENDA
The Board approved cancelling the November 24,2004 and December 22,2004 meetings
due to the Thanksgiving and Christmas holidays.
This item was approved under consent agenda.
COMMITTEE APPOINTMENTS
There were no committee appointments.
PROPOSED AMENDED AND RESTATE REGIONAL JAIL AGREEMENT AND
CAPITAL EXPANSION PAYMENT AGREEMENT - APPROVED
Administrator Riley advised that this amended and restated regionaljail agreement outlined
how the participating jurisdictions would contribute on capital costs. He explained that the
amendment was needed because Fauquier County was not part of the original regional jail
agreement.
Superintendent Hildebrand advised that the only other change was to the powers and duties
of the Board. These were changed to reflect the requirements in the state code.
Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Van Osten, the Board
approved the Amended and Restated Regional Jail Agreement and Capital Expansion Payment
Agreement.
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
Lynda J. Tyler Aye
FREDERICK COUNTY LAW ENFORCEMENT MUTUAL AID AGREEMENT -
APPROVED UNDER CONSENT AGENDA
This agreement was amended and restated to add language pertaining to gangs and gang
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related activity.
This item was approved under the consent agenda.
RESOLUTION (#019-04) RE: DESIGNATING BACK CREEK ROAD (ROUTE 704)
AS RURAL RUSTIC ROAD - APPROVED UNDER CONSENT AGENDA
WHEREAS, during the 2002 session of the General Assembly, legislation was passed to
revise S33.1-70.1 ofthe Code a/Virginia, to allow for the improvement and hard surfacing of certain
roads deemed to qualify for and be designated a Rural Rustic Road; and
WHEREAS, such roads must be located in a low-density development area, and have a
minimum of 50 vehicles per day (vpd), and have no more than 500 vehicles per day (vpd); and
WHEREAS, this Board is unaware of pending development that will significantly affect the
existing traffic on the road; and
WHEREAS, the citizens that utilize this road have been aware ofthis road being paved with
minimal improvements; and
WHEREAS, this board believes that Route 704. Back Creek Road, should be designated as
a Rural Rustic Road, from Route 683 Rock Enon Springs Road to the West Virginia Line, owing
to its qualifying characteristics; and
WHEREAS, the road aforesaid is in this Board's six year plan for improvements to its
secondary system of state highways.
NOW, THEREFORE, BE IT RESOLVED, this Board hereby designates and requests the
Virginia Department of Transportation's Resident Engineer to concur in the aforesaid road as a
Rural Rustic Road.
BE IT FURTHER RESOL YED, this Board requests that this road be hard surfaced and,
to the fullest extent prudent, be improved within the existing right-of-way and ditch-lines to preserve
as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the
road in their current state.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
This item was approved under the consent agenda.
SCHEDULE PUBLIC HEARING RE: STREETLIGHTS AT OAKDALE CROSSING
SECTION I - REFERRED BACK TO STAFF FOR FURTHER RESEARCH
Administrator Riley advised that the developer had notified the County that he was no longer
willing to pay for the streetlights at Oakdale Crossing Section 1. Administrator Riley felt it was
prudent to have the Board of Supervisors conduct a public hearing for the residents on whether or
not the County should take over these streetlights and assess a fee on those residents who benefit
from the streetlights. The public hearing would make the residents aware of the issue and would
permit the Board to decide on a remedy to continue this service. With regard to the other two
sections in Oakdale Crossing, there was a provision in the deeds of Section III that provided for a
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streetlight association; however, there has been no effort by the residents to form this association.
There is no light infrastructure in section II.
Attorney Ambrogi stated that the provision in the state code, which permitted the County to
assess a fee for streetlights, applied only to the Fredericktowne and Green Acres subdivisions. The
Board could assess a fee to the residents benefitting from the streetlights by creating a service
authority and an ordinance or propose special legislation to the General Assembly.
Vice-Chairman Van Osten asked what the Board could do to ensure that this situation did
not happen in the future.
Administrator Riley advised that most subdivisions now have homeowners associations to
deal with this type of problem; however, there is no homeowners association in this subdivision.
The Board referred this item back to staff for further research.
DECLARATION OF A LOCAL EMERGENCY IN FREDERICK COUNTY,
VIRGINIA - (RESOLUTION #022-04) - APPROVED
Administrator Riley advised that this was a ratification of his actions of last Friday,
September 17, 2004 in which he proclaimed a state of emergency because of the heavy rains and
.
tornadic activity associated with Hurricane Ivan. He stated that a local state of emergency must be
declared in order to qualify for any state or federal declarations that might occur. He apologized to
the Chairman for not notifying him at the time of the declaration.
Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board
approved the Declaration of a Local Emergency in Frederick County, Virginia.
WHEREAS, the Board of Supervisors of the County of Frederick does hereby ratify:
I. Due to Hurricane Ivan on September 17,2004, the County of Frederick faced dangerous
conditions from high winds and flooding and tornadic activity.
2. Due to Hurricane Ivan, a condition of extreme peril or life and property existed that
necessitated the proclamation ofthe existence of an emergency by the Frederick County
Administrator.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that the Board of Supervisors of
the County of Frederick, Virginia ratifies the action by the County Administrator that an emergency
existed throughout the county; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said
emergency that powers, functions, and duties of the Director of Emergency Management and
Emergency Service Organization of the County of Frederick were those that were prescribed by state
law and the ordinances, resolutions, and approved plan of the County of Frederick in order to
mitigate the effects of said emergency.
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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
Lynda J. 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 $9.200.000.00 TO FINANCE CERTAIN
CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES. A RESOLUTION
(#020-04) AUTHORIZING THE ISSUANCE OF THE BONDS WILL BE
CONSIDERED AT THE BOARD OF SUPERVISORS AT THIS MEETING ON
SEPTEMBER 22. 2004. - APPROVED
Administrator Riley advised that this was a bond issuance in the amount of $9,200,000 to
finance the continued construction ofthe fourth middle school and the eleventh elementary school.
He further advised that the transportation facility had been removed from this issuance.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved
the Resolution (#020-04) Authorizing the Issuance and Sale ofa Maximum Amount of$9,200,000
General Obligation School Bonds of the County of Frederick, Virginia to be Sold to the Virginia
Public 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 September 22,2004 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 of the Bonds.
WHEREAS, the objective ofthe Virginia Public School Authority (the "VPSA") is to pay
the County a purchase price for the Bonds which, in VPSA'sjudgment, reflects the Bonds' market
value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the
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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 circumstances the proceeds
from the sale ofthe Bonds received by the County will 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 ofthe 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 of the Board, or either ofthem, and such officer or officers ofthe County as either of them
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 2004B" (or
such other designation as the County Administrator may approve) shall bear interest from the date
of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest
Payment Date"), beginning July 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 of this Resolution. The Interest Payment
Dates and the Principal Payment Dates are subject to changes 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 of the bonds to be issued by
the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the
Bonds, and provided further, that the true interest cost of the Bonds does not exceed six percent
(6%) per annum. The County Administrator is further authorized and directed to accept the
aggregate principal amount ofthe Bonds and the amounts of principal of the Bonds coming due 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 ofthe Bonds shall not be later
than 21 years from their date. The execution and delivery of the 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. Pavment: Paying Agent and Bond Registrar. The following provisions shall apply to the
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Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments ofprincipal
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 11 :00 a.ill. on the business day next preceding
such Interest Payment Datc, 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) Sun Trust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
for the Bonds.
7. Prepavment or Redemption. The Principal Installments of the 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 ofthe 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 then 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 ofthe 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
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, if any, and the interest on 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, 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 of the County are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman ofthe Board and
the County Administrator, or either of them and such officer or officers ofthe County as either may
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designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, ifrequired 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 Bonds and on
the VPSA Bonds will remain excludable from gross income for Federal income tax purposes.
II. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that
it is in the best interests ofthe 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 of them 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 of the 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 ofthe Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings
required by Section 3 of the 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 of this Resolution to be filed with the Circuit Court
of the County.
14. Further Actions. The County Administrator, the Chairman of the Board, and such other
officers, employees and agents ofthe County as either ofthem 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 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 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
Lynda J. Tyler Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARING - CONDITIONAL USE PERMIT #17-04 OF EDWIN AND
ZUCELYN ELVIRA. SUBMITTED BY ARTZ & ASSOCIATES. FOR A
LANDSCAPING BUSINESS. THE PROPERTY IS LOCATED AT 225 CALDWELL
LANE (ROUTE 717). DIRECTLY BEHIND AC SELF STORAGE. SOUTH OF
P APERMILL ROAD (ROUTE 644). AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBER 63-4-4C IN THE SHAWNEE MAGISTERIAL
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DISTRICT. - APPROVED
Zoning Administrator Mark Cheran appeared before the Board on behalf of this application.
The applicant proposed a landscaping business to be located behind AC Self-Storage at 225
Caldwell Lane. This property is currently zoned RA (rural areas) and is located in the Shawnee
District. There were no adverse agency comments. Zoning Administrator Cheran advised the Board
that this use was allowed in the RA District with an approved Conditional Use Permit and there were
currently no zoning violations on the property. The Planning Commission unanimously
recommended approval of this application with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. No more than ten (10) employees and nine (9) business vehicles/equipment shall be
allowed on site as part of this conditional use permit.
3. No sale of nursery stock will be allowed on site.
4. A six (6) foot opaque fence shall be constructed to screen this use from residential uses
to the east.
5. Any expansion or modification of facilities will require a new conditional use permit.
6. A minor site plan addressing the access right-of-ways and storm water management
issues must be approved prior to operation ofthe business.
7. Any existing zoning violations must be removed prior to the operation of the business.
He concluded by saying that Mike Artz was present on behalf of the applicant and would be happy
to answer any questions.
Supervisor Tyler asked how the applicant planned to mitigate the storm water management
issues with the adjoining property.
Mr. Artz responded that the violations relate to the adjoining property and not the property
for which the conditional use permit is being sought. He went on to say that he had a meeting
scheduled the following day with county staff, the applicant, and adjoining property owners in order
to finalize these issues.
Chairman Shickle asked about ifthere was a difference between business vehicles/equipment
and employee vehicles driven to and from work.
Zoning Administrator Cheran advised that the business vehicles constituted bobcat loaders,
etc. and not personal vehicles.
Chairman Shickle called the public hearing to order.
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138
There were no public comments
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved
Conditional Use Permit #17-04 with conditions 1 through 5 only.
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
Lynda J. Tyler Aye
PUBLIC HEARING - CONDITIONAL USE PERMIT #18-04 OF W ALTER AND
TAEKO FLOYD. FORAN ADDITION TO AN EXISTING BED AND BREAKFAST.
THE PROPERTY IS LOCATED AT 6238 W ARDENSVILLE GRADE (ROUTE 608),
AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 69-A-44A
IN THE BACK CREEK MAGISTERIAL DISTRICT. - APPROVED
Zoning & Subdivision Administrator Mark Cheran appeared before the Board on behalf of
this application. He advised that the applicant was proposing an addition of two guest rooms and
meeting room to an existing bed and breakfast, which was originally approved under Conditional
Use Permit #11-01. The property is zoned RA (rural areas) and is located in the Back Creek
District. Zoning Administrator Cheran advised that the Planning Commission unanimously
recommended approval of the application with the following conditions:
1. All Frederick County Zoning Ordinance requirements and review agency comments
shall be addressed and complied with at all times.
2. No more than fourteen (14) guests at anyone time allowed.
3. No more than twenty-five (25) people allowed for a meeting or conference.
4. Any expansion or modification shall require approval of a new conditional use permit
with an approved site plan.
Zoning Administrator Cheran advised that the applicant was present to answer any questions the
Board might have.
Supervisor Forrester asked how the limitation of vehicles was determined.
Zoning Administrator Cheran advised that this issue was addressed under the original
conditional use permit. He further advised that the applicant had shown the location of the
additional parking on the site.
Chairman Shickle convened the public hearing.
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139
There were no public comments
Chairman Shickle closed the public hearing.
Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board
approved Conditional Use Permit #18-04 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
Lynda J. Tyler Aye
PUBLIC HEARING - ROAD ABANDONMENT AND CONVEYANCE -
MACEDONIA CHURCH ROAD (ROUTE 756) - TO CONSIDER A PROPOSAL TO
ABANDON A PORTION OF MACEDONIA CHURCH ROAD (ROUTE 756) TO
ACCOMMODATE THE NORTHERN EXTENSION OF WARRIOR DRIVE
(ROUTE 719) BEYOND TASKER ROAD (ROUTE 642). NO CONNECTION
BETWEEN MACEDONIA CHURCH ROAD (ROUTE 756) AND W ARRIORDRIVE
(ROUTE 719) IS PROPOSED. FUTURE CUL-DE-SACS WOULD BE
ESTABLISHED FOR BOTH THE EASTERN AND WESTERN SEGMENTS OF
MACEDONIA CHURCH ROAD (ROUTE 756). THE PROPOSED ABANDONMENT
WOULD INCLUDE THE CONVEYANCE BY FREDERICK COUNTY OF ITS
RIGHT -OF -WAY INTEREST IN THE LAND CURRENTLY WITHIN THE RIGHT-
OF- WAY OF MACEDONIA CHURCH ROAD (ROUTE 756), CONSISTING OF 252
LINEAR FEET OF RIGHT-OF-WAY EXTENDING 652' EAST OF THE
INTERSECTION OF ROUTE 740 (OUEENS WAY) TO 1241' WEST OF THE
INTERECTION OF ROUTE 1460 (OWENS LANE) PER SECTION 33.10151 CODE
OF VIRGINIA. - (RESOLUTION #021-04) APPROVED
Planning Director Eric Lawrence appeared before the Board on behalf of this item. He
advised that this was a request for public hearing and affirmative vote to abandon a portion of
Macedonia Church Road (Route 756) to accommodate the northern extension of Warrior Drive
(Route 719). The proposed abandonment would result in the construction of cul-de-sacs on
Macedonia Church Road to the east and west of Warrior Drive. Director Lawrence informed the
Board that staffhad received a number of calls from residents who were excited about this proposal.
He further advised that no opposition calls, letters, or comments were received.
Chairman Shickle convened the public hearing.
There were no public comments
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved
the Road Abandonment and Conveyance - Macedonia Church Road (Route 756) to Accommodate
the Northern Extension of Warrior Drive.
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WHEREAS, Warrior Drive is identified in the Frederick County 2003 Comprehensive
Policy Plan and the Winchester Area Transportation Study (W A TS) as a major roadway serving the
eastern portion of Frederick County; and
WHEREAS, it appears that a future intersection of Warrior Drive (Route 719) and
Macedonia Church Road (Route 756) may not provide a significant benefit to the traveling public,
yet may create a dangerous intersection; and
WHEREAS, the developer ofthe Wakeland Manor development has provided the Board
with a road alignment and improvements sketch dated August 2004 depicting changes to Macedonia
Church Road, which sketch is titled "Macedonia Church Road Right-of-Way Abandonment
Exhibit", which is hereby incorporated herein by reference; and
WHEREAS, two existing public roads, Queens Way (Route 740) and Maryland Drive
(Route 1460), will continue to provide the residents of Macedonia Church Road (Route 756) access
to Tasker Road (Route 642) and the future Warrior Drive (Route 719) and those portions to be
abandoned no longer serve a public need.
NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of the County of
Frederick, Virginia, does hereby abandon from the Secondary System of State Highways the portion
of Route 756 identified on the aforementioned sketch, pursuant to Section 33.1-155, of the Code of
Virginia, as amended; and
BE IT FINALLY RESOLVED, that a certified copy of this resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
ADOPTED this 22nd day of September 2004.
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
Lynda J. Tyler Aye
OTHER PLANNING ITEMS
MASTER DEVELOPMENT PLAN OF THE TOWNES AT MOSBY STATION -
APPROVED
Planning Director Eric Lawrence appeared before the Board on behalf ofthis plan. This was
a request for administrative approval of a proposed master development plan for 17 townhouses to
be constructed on two and one half acres on the north side of Tasker Road (Route 642), in the
Shawnee District. The property is zoned RP (Residential Performance). He advised that adjacent
property owners spoke against the proposal that evening and before the Planning Commission. The
Planning Commission reviewed the revised plan at its September 1,2004 meeting and recommended
denial. This proposal calls for the construction of three-story townhouses with a residential buffer
provided on the northern property line. Director Lawrence advised that a portion of the 100 foot
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141
residential buffer was recorded on the single family lots, because previously these properties were
all owned by the same individual. As a result of the recorded buffer, the applicant only has to
provide a 50 foot buffer from the property line. Director Lawrence further advised that the project
to the east ofthis proposed development is a new church. The applicant is proposing to screen along
the eastern property line. Director Lawrence concluded by saying that the plan does comply with
the master development plan requirements and all agency review comments were positive.
Supervisor Forrester asked Director Lawrence to explain the buffer issue again.
Director Lawrence responded that the previous developer owned both the single-family lots
that adjoin this property as well as the two and one-half acre parcel. The developer platted a 50 foot
buffer on each ofthe single-family lots. This platted buffer helps meet the ordinance requirements
regardless of who owns either property.
Supervisor Dove asked about the ten foot bike path that was requested by Parks &
Recreation.
Director Lawrence advised that the applicant agreed to provide the 10 foot trail. He stated
that the plans before the Board were the same as those reviewed by the Planning Commission;
therefore, the changes recommended by the Planning Commission were not shown.
Chairman Shickle asked if compatibility of a development was an ordinance requirement.
Director Lawrence responded that it was subjective, but the Planning Commission felt the
development was not compatible with the surrounding area and denied the plan.
Claus Bader, William H. Gordon & Associates, addressed the Board regarding this project.
He advised that the applicant proposed to plant two Leland Cypress per 10 feet with an evergreen
in between for the entire length of the rear property line. These plantings would be in addition to
a proposed fence along that side as well. The applicant also felt that a landscaped buffer needed to
be added between the proposed development and the proposed church. A ten foot asphalt bike path
is also being proposed. The project would provide 1.3 acres of open space even though the zoning
ordinance requires only 3/4 acre. Mr. Bader further advised that the entrance currently exits on the
property and the applicant would add a right turn lane off of Tasker Road into the site.
Ian Williams, Attorney for the applicant, stated that this townhouse application is one that
meets the requirements of the zoning ordinance. He submitted that the Board's decision was
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142
ministerial because the applicant had met all of the requirements of the RP (Residential
Performance) Zone and the Master Development Plan submission. He stated that the Planning
Commission committed an error in adopting the standards upon which they based their denial. He
concluded by asking the Board to reject the Planning Commission's recommendation and approve
the application as submitted.
Chairman Shickle asked Director Lawrence where on the master development plan it noted
three-story townhouses.
Director Lawrence responded that it was not on the plan. He advised that as long as the
applicant stayed within the 35 foot height limit then he would be allowed to construct three-story
townhouses.
Supervisor Forrester asked ifthe application conformed to all ofthe ordinance requirements.
Director Lawrence responded that staff believed it did.
Supervisor Dove did not believe that townhouses were a fit in this location. He went on to
say "as much as I hate to make the motion", Supervisor Dove moved to approve Master
Development Plan #08-04, The Townes at Mosby Station. The motion was seconded by Supervisor
Tyler
Vice-Chairman Van Osten advised that she had visited the site and did not think this was a
compatible use. She went on to say that it was frustrating to deal with subjective language in the
zoning ordinance.
Supervisor Ewing stated that ifhe thought the Board could win in court then he would vote
against the application, but he saw no way to win.
Supervisor Tyler stated that she would appreciate some type of compromise between the
developer and the adjoining property owners.
There being no further discussion, the motion to approve Master Development Plan #08-04
was approved by the following recorded vote:
Richard C. Shickle
Barbara E. Van Osten
Gary W. Dove
Bill M. Ewing
Gina A. Forrester
Lynda 1. Tyler
Aye
Aye
Aye
Aye
Abstain
Nay
BOARD LIAISON REPORTS
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Board of Supervisors Regular Meeting of 09/22/04
143
Supervisor Tyler advised that she attended the Parks & Recreation Committee meeting. The
department came in at 98% oftheir budgeted expenses. She also reported that revenues were up 7%.
She went on to say that the Committee acknowledged the recategorization of the Capital
Improvements Plan and that the proposed Indoor Pool was the number one priority.
The MPO website is up and running.
The Northern Shenandoah Valley Regional Commission Personnel Committee will meet on
September 30th and they have several good applicants for the proposed Transportation Planner
position.
Supervisor Forrester reported that the Handley Library used book sale will take place
October 5th through 9th at Bowman Library in Stephens City.
Supervisor Ewing reported that he had not received any responses concerning the water
study.
CITIZEN COMMENTS
John Hood, Opequon District, felt the Board had been blind sided because the attorney that
spoke earlier left out the word "and" when discussing the master development plan ordinance
criteria, which includes compatibility as part of the approval process. He did not mention
compatibility as being included in the approval criteria. He felt the Board voted to approve this plan
because of the threat of a lawsuit and that the neighbors had been let down by the attorney's
eloquent speech. He concluded by saying that he wished he could have stated this before the Board
vote as it might have resulted in a different outcome.
Dick Crane, Red Bud District, stated that the resident of Oak dale Crossing should organize
an association to handle the streetlight issue. He urged the Board to do the right thing.
Mike Artz, resident of Woodstock, advised that Frederick County was like a second home
for him. With regard to the Rural Areas Study being conducted, rezonings have been discussed at
length for subdivisions; however, if the County wants to promote cluster subdivisions it needs to
find a way to do it without rezoning. He went on to say that the Board should try to keep as many
of these processes as possible administrative.
BOARD OF SUPERVISORS COMMENTS
Supervisor Dove responded to Mr. Crane's comments by saying that it was not the intent of
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Board of Supervisors Regular Meeting of 09/22/04
1 4
the Board to take over paying for the streetlights. He stated that a fee would be collected as an
assessment on the real estate tax bill.
Supervisor Forrester felt that it was not clear whether or not the Board had discretion in the
zoning ordinance. She advised that she would like for staff to "tighten up the ordinance and clean
up some of the unclear language." She also did not like the creative use of buffers and stated that
she would like that language to be cleaned up as well.
Vice-Chairman Van Osten stated that she was not swayed by the applicant's attorney's
speech and she agreed with Supervisor Forrester's comments because she thinks this will come up
agam.
ADJOURN
UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR
TYLER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
THIS MEETING IS HEREBY ADJOURNED. (9:14 P.M.)
.....
\L_Q..,,- Q C't.-i:___CL.....,
Richard C. Shickle
Chairman, Board of Supervisors
~I
Clerk, Board of Supervisors
Minutes Prepared By:
(In It- e 'it .flAJ^
Jay EJTIb~
Deputy Clerk, Board of Supervisors
Minute Book Number 30
Board of Supervisors Regular Meeting of 09/22/04