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September 25, 2002 Regular Meeting 222 A Regular Meeting of the Frederick County Board of Supervisors was held on September 25, 2002, at 6:30 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 W. Harrington Smith, JI.; Robert M. Sager; Margaret B. Douglas; Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Reverend Philip Roby of the Amazing Grace Fellowship Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised that he had nothing to add. Supervisor Douglas requested Board discussion of a possible worksession with the Frederick County Sanitation Authority. Supervisor Forrester requested to add a nomination under Committee Reports to the Frederick County Sanitation Authority. Upon motion made by Supervisor Sager, seconded by Supervisor Tyler, the agenda was approved, as amended, by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye CONSENT AGENDA Administrator Riley suggested the following tabs for approval under consent agenda: 1. Resolution from the Virginia Department of Transportation Re: Changes in the Secondary System Due to Relocation and Construction on Route 836, Walter's Mill Lane. - Tab E; 2. Resolution to Allow Persons Confined in the Clarke-Fauquier-Frederick-Winchester Regional Adult Detention Center to Work on County Property - Tab F; Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 223 3. Mutual Aid Agreement between the County of Frederick and the County of Hardy , West Virginia - Tab G; 4. Parks and Recreation Commission Report - Tab I. Upon motion made by Supervisor Smith, seconded by Supervisor Tyler, the above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye CITIZEN COMMENT Earl Sutherland, Stonewall District, addressed the Master Development Plan #05-02 Foxe Towne Plaza which is Tab U of this agenda. He has been designated by the Homeowners Association to present this to the Board. This Plan is not a public hearing item; therefore, this is the only time available to him for his comments to the Board. He advised this is not a "growth- no growth issue" however, there is one element of the master development plan that does not seem to want to go away. The conversion ofthe road into their townhouse development, which is called Foxe Ridge Drive into what will amount to a commercial thoroughfare. He feels this will greatly impact their neighborhood in a way that is not in keeping with the Comprehensive Plan. This concern was brought up at the Planning Commission meeting and they unanimously concurred with the argument that he has just made. The residents of this community are asking the Board to ratify the position taken by the Planning Commission with regard to this request. Eddie Davis appeared before the Board with reference to Tab S advising that he was trying to get it approved. Kevin Kennedy, Gainesboro District, stated that it appears the two main issues for the County in the coming year have fully shown themselves since the August Board Meeting. These two issues being taxes and water and are subjects that many citizens have very strong feelings about. There has been talk ofa budget surplus and he doesn't see how there can be a budget crisis when the County has the huge surplus. The concerns rise as the level ofthe Shenandoah River falls. He feels some facts have come to life which are most disturbing and worrisome. Catherine Whitesell, Stonewall District, has a lot of questions concerning the water issue, Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 224 and she feels it is only prudent that this Board address these issues. Feels the question ofthe sale, or giving away, what have you of water to the Chantilly Pool Service out of our hydrants needs to be questioned. She feels the public needs to be made aware of this, and this needs to be discussed in order to find out what is going on. Pam Kennedy, Gainesboro District, referred to what the citizens have been told and what they have been shown with regard to water, wells, springs, etc. She advised of what Frederick, Maryland has done to head off this horrible situation. She asked what Frederick County, Virginia has done and have they learned from their mistakes. Does Frederick County want to look back on what could have been? MINUTES Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the minutes ofthe Regular Meeting of June 12, 2002, were approved by the following recorded vote: Richard C. Shiekle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye Upon motion made by Supervisor Smith, seconded by Supervisor Tyler, the minutes of the Regular Meeting of July 10,2002 were approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye COUNTY OFFICIALS DR. DIANE HELENTJARIS. HEALTH DIRECTOR. LORD FAIRFAX HEALTH DISTRICT. ADDRESSED THE BOARD RE: UPDATE ON WEST NILE VIRUS Dr. Helentjaris appeared before the Board at which time she brought them up to date on the West Nile Virus in our area. She addressed the importance of having horses vaccinated and advised at this time there is no vaccine for humans. C. ROBERT SOLENBERGER PRESENTED RESOLUTION (#008-02) Administrator Riley read the following resolution in honor of Mr. Solenberger: Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 225 WHEREAS, C. Robert Solenberger has unselfishly served the community for 28 years as a member of the Frederick-Winchester Service Authority. WHEREAS, from the first meeting of the Frederick-Winchester Service Authority on March 26, 1974 to August 31,2002, Mr. Solenberger has served as its Chairman, WHEREAS, through Mr. Solenberger's leadership the Frederick-Winchester Service Authority has grown from an organization with a $40,000 budget to a regional wastewater authority with assets in excess of$54,000,000. WHEREAS, through his dedication to the community he has molded the Frederick- Winchester Service Authority into a cooperative endeavor which will meet the needs of the community for many years to come. WHEREAS, the Frederick County Board of Supervisors and Winchester Common Council wish to express its earnest appreciation to C. Robert Solenberger for his multiple years of conscientious service to the citizens of Frederick County and the City of Winchester and to wish him well in his future endeavors. NOW, THEREFORE, BE IT RESOLVED, the Winchester City Common Council, in regular session on , 2002, and the Frederick County Board of Supervisors, in regular session on ,2002, approved this resolution and that a true copy be presented to C. Robert Solenberger. Mr. Solenberger was present to accept his resolution. He thanked the Board for giving him the opportunity to serve his community in this capacity during this time. He further thanked the membership of the Frederick-Winchester Service Authority, he had served with for many years, for all the guidance and assistance during this time. DONALD KLUNG. DIRECTOR OF WINCHESTER-FREDERICK COUNTY TOURISM BOARD. ADDRESSED THE BOARD Director Klung appeared before the Board at which time he explained what he felt the community had done to help in the area oftourism, and what he would like to see done in the future to assist in this area. COMMITTEE APPOINTMENTS DENA R. GARDNER APPOINTED TO EXTENSION LEADERSHIP COUNCIL Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, Dena R. Gardner was appointed to the Extension Leadership Council from Red Bud District. This a four year term. The term will commence on September 25,2002, and expire on September 25,2006. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 226 Gina A. Forrester - Aye PAMELA F. KENNEDY APPOINTED TO SOCIAL SERVICES BOARD FROM GAINESBORO DISTRICT TO FILL THE UNEXPIRED TERM OF VERNON MARSTELLER, JR. Upon motion made by Supervisor Reyes, seconded by Supervisor Tyler, Pamela F. Kennedy was appointed to the Social Services Board, from Gainesboro District, to serve the unexpired term of Vernon Marsteller, Jr., who has resigned. This is a four year term. The term will begin on September 25,2002 and expire on June 30, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Nay W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Nay Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye BASSAM T. SABBAGH AND SUSAN LOCKRIDGE REAPPOINTED TO THE COMMUNITY POLICY AND MANAGEMENT TEAM (CPMT) Upon motion made by Supervisor Tyler, seconded by Supervisor Douglas, Bassam T. Sabbagh and Susan Lockridge terms were extended due to amendment in guidelineslby laws. These terms will be from February 2003 until June 2004. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye JAMES R. WILKINS, III APPOINTED TO THE FREDERICK-WINCHESTER SERVICE AUTHORITY Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, James R. Wilkins, III (Richie) Gainesboro District, was appointed to the Frederick-Winchester Service Authority. This is a three year appointment and is done in conjunction with the City of Winchester. This term will expire on August 31, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 227 Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye WAYNE CORBETT REAPPOINTED TO THE BERKELEY COUNTY ROUNDHOUSE AUTHORITY ADVISORY COMMITTEE Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, Wayne Corbett was reappointed to the Berkeley County Roundhouse Authority Advisory Committee. This is a three year term, and said term to expire on September 30,2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Supervisor Forrester inquired about her appointment to the Sanitation Authority. Administrator Riley advised that was scheduled for the next Board of Supervisor's meeting. on October 9. REOUEST FROM COMMISSIONER OF THE REVENUE FOR REFUND FOR MONOFLO INTERNATIONAL - APPROVED Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, the Board approved the refund to Monoflo International in the amount of $50,733.15 for the years of 1999,2000, and 2001. This was due to a duplicate assessment. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye RESOLUTION (#009-02) FROM VDOT RE: CHANGES IN THE SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON ROUTE 836, WALTER'S MILL LANE - APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia Department of Transportation has provided this board with a sketch dated July 9, 2002 depicting required changes in the Secondary System of State Highways, which sketch entitled "Changes in the Secondary System Due to Relocation and Construction on Walter's Mill Lane, Route 836, Frederick County," which is hereby incorporated herein by reference; and Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 228 WHEREAS, a new road now serves the same citizens as those portions of old road identified to be abandoned and those portions to be abandoned no longer serve a public need. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby abandon from the Secondary System of Highways the portion of Route 836 identified as Section 1 of the aforementioned sketch, pursuant to Section 33.1-155 of the Code of Virginia, 1950, as amended; and BE IT FURTHER RESOI, VED, that the Frederick County Board of Supervisors requests the Virginia Department of Transportation add to the Secondary System of Highways the portion of Route 836 identified as Section 2 ofthe aforemcntioned sketch, pursuant to Section 33.1-229 of the Code of Virginia, 1950, as amended; and BE IT FINALLY RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED this 25th day of September 2002. RESOLUTION (#010-02) FROM REGIONAL JAIL SUPERINTENDENT TO ALLOW PERSONS CONFINED IN THE CLARKE-FAUOUlER-FREDERICK- WINCHESTER REGIONAL ADULT DETENTION CENTER TO WORK ON COUNTY PROPERTY - APPROVED UNDER CONSENT AGENDA WHEREAS, S 53.1-129, Code of Virginia, provides that the Judge of any District or Circuit Court may allow prisoners confined in jail who are awaiting disposition of, or serving sentences imposed for, misdemeanors or felonies to work on state, county, city or town property; and WHEREAS, the Judges ofthe Twenty-Sixth Judicial Circuit of Virginia issued an Order on September 30, 1998 allowing Judicial good time credit for prisoners confined to jail who are serving sentences imposed for misdemeanors or felonies, to the extent the sentencing Court's general or specific Order permits; and WHEREAS, the Circuit and General District Courts of Frederick County have issued general Orders permitting such work to be performed by persons confined in the Regional Jail and have specified the sentence credits to be awarded; and WHEREAS, S 53.1-129, Code of Virginia, requires the consent of the county, city, town, state agency or local public service authority where such work is to be performed by persons confined; and WHEREAS, work performed by persons confined in the Regional Jail would benefit local government agencies; and NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 25th day of September 2002, that consent is hereby given to allow persons confined in the Clarke-Fauquier-Frederick-Winchester Regional Adult Detention Center to work on Frederick County property; and BE IT FURTHER RESOL VED, that this resolution be recorded in thc appropriate Order Book in the Clerk's Office. ADOPTED this 25th day of September 2002. MUTUAL AID AGREEMENT BETWEEN THE COUNTY OF FREDERICK AND THE COUNTY OF HARDY, WEST VIRGINIA - APPROVED UNDER CONSENT AGENDA THIS AGREEMENT, made and entered into this _ day of ,2001, by and between the Board of Supervisors of Frederick County, Virginia, party of the first part; and Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 229 the County of Hardy, West Virginia, party of the second part, WITNESSETH: WHEREAS, each ofthe parties hereto provides equipment and personnel for the suppression of fires and for emergency medical services through paid and/or volunteer companies within its own jurisdiction and areas, and WHEREAS, the parties hereto desire to augment the fire protection and emergency medical services available in their various establishments, districts, agencies, and municipalities in the event of large fires or conflagration or disasters, and WHEREAS, it is the policy of the Board of Supervisors of Frederick County and of the Hardy County Commission, to conclude such agreements wherever practicable, and WHEREAS, it is mutually deemed sound, desirable, practicable and beneficial for the parties to this Agreement to render assistance to one another in accordance with these terms; NOW, THEREFORE, the parties hereto agree as follows: 1. Whenever it is deemed advisable by the senior officer of a fire department, fire and rescue service, or EMS agency belonging to a party to this Agreement, or by the senior officer of any such fire department, fire and rescue service, or EMS agency actually present at the fire or accident, to request fire fighting or emergency medical assistance under the terms of this Agreement, he is authorized to do so, and the senior officer on duty of the fire department, fire and rescue service, or EMS agency receiving the request shall forthwith take the following action: a. Immediately determine if apparatus and personnel can be spared in response to the call; b. What apparatus and personnel might most effectively be dispatched; c. The exact mission to be assigned in accordance with the detailed plans and procedures of operation drafted pursuant to Paragraph 7 of this Agreement by the technical heads of the fire departments, fire and rescue services, or EMS agency involved; and d. Forthwith dispatch such apparatus and personnel as, in the judgement of the senior officer receiving the call, should be sent, with complete instructions as to the mission, in accordance with the terms ofthis Agreement. 2. The rendering of assistance under the terms ofthis Agreement shall not be mandatory, but the party receiving the request for assistance should immediately inform the requesting service if, for any reason, assistance cannot be rendered. 3. All services performed under this Agreement shall be rendered without reimbursement of either party or parties unless otherwise specified. 4. Each party to this Agreement waives all claims against the other party for compensation for any loss, damage, personal injury, or death occurring in consequence ofthe terms of this Agreement. 5. The technical head of the fire department, fire and rescue service, or EMS agency requesting service shall assume full charge of the operations, but if he/she specifically requests a senior officer of a fire department, fire and rescue service or EMS agency furnishing assistance to assume command, he/she shall not, by relinquishing command, be relieved of his/her responsibility for the operation; provided that the apparatus, personnel, and equipment of the party rendering assistance shall be under the immediate Minute Book Nnmber 28 Board of Supervisors Meeting of 09/25/02 230 senior officer of the fire department, fire and rescue service, or EMS agency rendering assistance. 6. The officers and personnel of the fire department, fire and rescue service, or EMS agency of both parties to this Agreement arc invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to jointly conduct pre-fire planning inspections and drills. 7. The officers of the fire department, fire and rescue service, or EMS agency of the parties to this Agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to effectively implement this Agreement. Such plans and procedures of operations shall become effective upon ratification by the signatory parties. 8. This Agreement shall become effective upon the date hereof and shall remain in full force and effect until canceled by mutual agreement of the parties hereto or by written notice by one party to the other party, giving sixty (60) days notice of said cancellation. THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA BY: CHAIRMAN ATTEST: COUNTY ADMINISTRATOR THE COMMISSION OF HARDY COUNTY, WEST VIRGINIA BY: PRESIDENT ATTEST: COUNTY CLERK COMMONWEALTH OF VIRGINIA: COUNTY OF FREDERICK, VIRGINIA, to-wit: I, , a Notary Public in and for the County and State aforesaid, do hereby certify that Richard C. Shickle , Chairman of the Board of Supervisors of Frederick County Virginia, whose name is signed to the foregoing Agreement, acknowledged hislher signature before me this_ day of , 2002, in my County and State aforesaid. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF WEST VIRGINIA: Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 231 COUNTY OF BERKELEY, WEST VIRGINIA, to-wit: I, , a Notary Public in and for the County and State aforesaid, do hereby certify that Roger Champ , President of the Commission of Hardy County, whose name is signed to the foregoing Agreement, acknowledged his/her signature before me this day of , 2002 in my County and State aforesaid. NOTARY PUBLIC My Commission expires: APPROVED AS TO FORM: Commonwealth Attorney Frederick County, Virginia Prosecuting Attorney Hardy County, West Virginia ,2002 REQUEST FOR FUNDING FROM CEDAR CREEK FOUNDATION - POSTPONED UNTIL OCTOBER 9. 2002 BOARD MEETING Assistant County Administrator Tierney advised correspondence has been received from the Cedar Creek Battlefield Foundation requesting a total of$116,500 from the County, $34,500 "now" and $81,000 when they "receive the required matching funds in a few months." He further advised the Board would need to determine how they wish to handle this request. Following discussion by the Board it was determined more time was needed to come up with a plan for the distribution of these funds; therefore, this was postponed until the Board meeting of October 9, 2002. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the above request from Cedar Creek Battlefield Foundation is postponed until the October 9 Board meeting. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda I. Tyler - Aye Gina A. Forrester - Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 232 CONSENT AGENDA The Parks and Recreation Commission met on September 17,2002. Members present were: Charles Sandy, Robert Hartman, Victoria Keelon, Clarence Haymaker, John Powell, Steven White, Lynda Tyler. Submitted for Board Information Only: Standing Committcc Reports: 1. Finance Committee (Fees & Char!!es) - Mr. Powell moved that the Commission approve revisions to the Fees and Charges policy beginning January 1, 2003, as recommended by the committee, second by Mr. Hartman, carried unanimously (6-0). 2. Buildinl!: and Grounds Committee - Mr. Haymaker moved that Commission approved the Department's 2003-04 CIP list, as recommended by the committee, second by Mrs. Keelon. Motion carried 5-1 (Hartman opposed). New Business: 1. Committee Appointments: Mr. Sandy announced the following committee changes/appointments: Finance Committee (Fees & Charges): John Powell, Chairman, Clarence Haymakcr, Staff; Capital Improvements (Buildings & Grounds): Victoria Keelon, Chairman, Steven White, Matthew Hott. 2. Policy Updates: Mr. Hartman moved that the Commission approve revisions to the Delinquent Fees Policy, Background Check Policy, and Driver Authorization Policy, as recommended by the staff, second by Mr. Haymaker, carried unanimously (6-0). FINANCE COMMITTEE REPORT Administrator Riley presented this report. The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on September 18, 2002 at 8:00 A.M. The committee approved agenda items 4, 5, and 6 under consent agenda. W. Harrington Smith and Gina Forrester were absent. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the consent agenda was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 1. The Executive Director of Economic Development Commission requests a General Fund supplemental appropriation in the amount of$5.000.00 for an Out-Commuter Profiling Study and is requested to be placed in line item 8102-3002-000-000 Professional Studies Other. Revenue is available from LFCC to offset costs associated with the study. No additional local funds are required. See attached memo, p.I-3. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Smith, the above Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 233 request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 2. The Executive Director of the Economic Development Commission requests a General Fund supplemental appropriation in the amount of$8.000.00. These funds represent a request for carry forward funds in line item 8102-3002-000-000 Professional Services-Other that EDC will use to proceed with an Out-Commuter Profiling Study. See attached memo, pA-9. The committee recommends approval. - Approved Administrator Riley addressed this request. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 3. The Director of Finance for the School requests a School Operating Fund supplemental appropriation in the amount of $114.652.90 of obligated funds and $276.660.18 of un-obligated funds representing carrv forward amounts from FY02. See attached memo, p.l 0-22. The committee recommends approval contingent upon any adjustment forthcoming from the Commonwealth. - Approved Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $30.038.00. This request represents grant funds that will be used to purchase a Digital Mug Photo System and to create a multi-jurisdiction Records Management System for all county police agencies. The local costs will be absorbed in the current Sheriffs department budget. No additional local funds are required. See attached memo, p.23-26. The committee recommends approval. - Approved Under Consent Agenda 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $900.00. These funds were received for the DARE program and are requested to be placed in line item 3102-5413-000-001 DARE-Program. No additional local funds are required. See attached memo, p.27. The committee recommends approval. - Approved Under Consent Agenda Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 234 6. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $250.00. These funds represent a donation for the Litter- Thon event and are requested to be placed in item 4205-3010-000-000 Other Contracted Services. No additional local funds are required. See attached memo, p.28. The committee recommends approval. - Approved Under Consent Agenda 7. The Director of Public Works has provided revenue projections information associated with the environmental inspector position. See attached memo, p.29. The committee recommends a General Fund supplemental appropriation in the amount of $30.000.00 to recognize additional revenue. - Approved Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye 8. The Director of Planning requests a General Fund supplemental appropriation in the amount of$1.065.466.75. This amount is requested to be carried forward in line item 8101-3001- 000-001 Warrior Drive Construction from FY02 for the on-going Warrior Drive construction project the county has committed to pursue. See attached memo, p.30. The committee recommends approval and this item will require a public hearing. - Approved Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 9. The Superintendent of the CFFW Regional Jail requests a Jail Fund supplemental appropriation in the amount of$405.000.00. This amount will be used to replace the security system and is requested to be placed in line item 11-3301-8003-000-000 Communication Equipment. No local funds are required as this request will reduce the Jail fund balance. See attached memo, p.31- 32. The committee recommends approval. - Approved Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 235 10. The Finance Director requests that insurance recoveries be credited to the expenditure line item that is applicable to the repair, thus eliminating the need for supplemental appropriations. This is the method currently being used by the School Board. The committee recommends approval on amounts less than $2,500.00. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Smith, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Administrator Riley advised the Board of a worksession that was being scheduled for the 3rd Wednesday in October at 8:00 A.M. for discussion of the upcoming budget. ***For Information Only*** 1. The Finance Director will give a report on activity in fund balance. The committee requested the report continue to be included in the Finance Committee Agenda. See attached memo, p.33-34. 2. Attached is a letter from the Northern Virginia 4-H Educational and Conference Center in appreciation of the $5,000.00 contribution. See attached memo, p.35. 3. Attached is a letter from the Lord Fairfax Emergency Medical Services Council, Inc. in appreciation of the $18,826.00 contribution. See attached memo, p.36. JOINT FINANCE COMMITTEE REPORT The Joint Finance Committee met on Monday, September 9, 2002, 7:30 A.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Board of Supervisors Chairman Richard C. Shickle, Supervisor W. Harrington Smith, Jr., County Administrator John R. Riley, JI., Councilman Charles Gaynor, Councilman John B. Schroth and City Manager Edwin C. Daley. The committee submits the following: 1. Discoverv Museum Reauest for Fundin~ - Postponed Indefinitely The request for funding in the amount of $750,000 from each jurisdiction to fund the purchase of the Moose building was postponed indefinitely due to the uncertainty of the commonwealth's financial status. Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, the above request of the Discovery Museum was postponed indefinitely by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, JI. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 236 Gina A. Forrester - Aye 2. Lord Fairfax Communitv Colle~e Request for Fundi"!! - PostDoned Indefinitely The community college's request for funding from Frederick County in the amount of$2.3 million and $750,000 for funding from the City of Winchester to fund a community cultural arts building were postponed indefinitely due to the uncertainty of the commonwealth's financial status. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the above request of Lord Fairfax Community College was postponed indefinitely by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 3. Re~ional AirDort Matters - No Action Required County Administrator informed the committee that he continues to receive concerns about funding issues at the Airport. Of primary concern are perceived large surpluses being retained by Frederick County. The county requested that ifthe city needs any additional fmancial reporting than what is currently being provided, to contact the county finance director. After a lengthy discussion, the committee requested copies of the Airport's usership survey in order to determine what client base the Airport is actually serving. 4. Economic DeveloDment Commission - Approved County Administrator presented the attached restructure request of the Economic Development Commission. This issue has been pending for about two years and needs to be resolved. City representatives indicated that they had already approved same. County Administrator was not aware of any city action. The committee recommends approval. Supervisor Tyler asked how tourism fit into this? Administrator Riley explained, they don't. Supervisor Forrester advised that she had noticed no one is representing the community college. Administrator Riley asked the Board to vote on what is beforc them, and he will check with the City of Winchester about the community college. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 237 5. Other All members of the Joint Finance Committee expressed concern about the financial future ofthe commonwealth and the effect it could have on both jurisdictions. All in attendance agreed that a healthy discussion between both governing bodies in the near future on creating new sources of revenue that protects our real estate tax rates could be very productive. They understood that such issues as revenue sharing are sensitive, but now is the time to discuss and attempt to reach a consensus. Administrator Riley to work on setting up a meeting. 6. Discussion of Metro{)olitan Orl:anization (MPO) The city manager presented the following priority items that need action in order to start the process to establish the MPO: Size: VDOT Recommends: 2 Council Members 2 Board Members I City Manager I County Administrator I VDOT Representative Staffing: Recommends using the Northern Shenandoah Valley Regional Commission (NSVRC) staff. Funding: Mandated levels will be 80% Federal, 10% State, 10% Local. Enabling Resolutions will be prepared for both governing bodies at their October meetings. PUBLIC HEARING PUBLIC HEARING - PROPOSED SCHOOL BOND FINANCING BY THE COUNTY OF FREDERICK. VIRGINIA. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2-2606 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. ON THE ISSUANCE OF (I) GENERAL OBLIGATION SCHOOL BONDS (THE "BOND") OF THE COUNTY IN THE ESTIMATED MAXIMUM AMOUNT OF $7.800.000 TO FINANCE CERTAIN CAPIT AL PROJECTS FOR PUBLIC SCHOOL PURPOSES AND (II) GENERAL OBLIGATION SCHOOL BONDS TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY IN THE 2002 FALL LITERARY FUND SUBSIDY SALE (THE "SUBSIDY BONDS") IN THE ESTIMATED MAXIMUM AMOUNT OF 0$4.355.000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR SCHOOL PURPOSES CONSISTING PRIMARILY OF CAPITAL IMPROVEMENTS TO MILLBROOK HIGH SCHOOL. RESOLUTIONS (#011-02 & 012-02) AUTHORIZING THE ISSUANCE OF THE BOND AND THE SUBSIDY BOND WILL BE CONSIDERED BY THE BOARD OF SUPERVISORS AT ITS MEETING ON SEPTEMBER 25. 2002. - APPROVED Administrator Riley presented this request to the Board. Kenneth Y. Stiles, Stonewall District, appeared before the Board advising that he questioned whether the County can afford a fourth middle school at this time. He further advised that the enrollment over the past five years has basically been flat, with less than 100 new students in the middle schools and 692 during this time period in the high schools. He reminded Board members that they are spending someone else's money and there comes a time when the Board needs to leam Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 238 to say no. RESOLUTION At a regular meeting of the Frederick County Board of Supervisors held on the 25th day of September 2002, the following resolution was adopted by a majority of the members ofthe Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: PRESENT: VOTE: ABSENT: On motion of by a vote of , seconded by , the following was adopted: , which carried A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $7,800,000 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 up to $7,800,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code") on September 25,2002, on the issuance of school bonds in an amount not to exceed $7,800,000. WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the 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 arnortization schedule the County has requested for the Bonds, the arnortization 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 of the Bonds received by the County would be less than the amount set forth in paragraph 1 below. WHEREAS, the County has also filed an application with the VPSA in order to sell its general obligation bonds in the maximum authorized amount of$4,355,000 (the "Subsidy Bonds") to the VPSA at the Fall 2002 VPSA subsidy bond sale. WHEREAS, the issuance and sale of the Subsidy Bonds was authorized by the Board pursuant to a resolution adopted on September 25,2002. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 239 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 $7,800,000 (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. In the event Subsidy Bonds are issued by the County and sold to VPSA, the aggregate principal amount ofthe Bonds issued by the County shall be reduced by the aggregate principal amount of Subsidy Bonds issued by the County and sold to VPSA. 2. Sale of the Bonds. It is determined to be in the best interest ofthe 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 ofthem, and such officer or officers of the 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 2002A" (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, 2003, 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 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 ofthe Bonds does not exceed seven percent (7%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount ofthe Bonds and the amounts of principal ofthe 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. Payment: Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: 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 11 :00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; 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 SunTrust Bank, Riclunond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. Minute Book Nnmber 28 Board of Supervisors Meeting of 09/25102 240 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2012, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15,2012 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 15,2012 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15,2012 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 15,2012 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 15,2012 to July 14,2013, inclusive. . . . . . . . . . . . . . . . . . . . . . . . . . . July 15,2013 to July 14,2014, inclusive. . . . . . . . . . . . . . . . . . . . . ............ July 15,2014 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 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 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 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 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 of the 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 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 Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 241 respect to the deposit and investment of proceeds ofthe Bonds by and among the County, the other participants in the sale of the 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 l5c2-l2 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 ofthis 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 of the 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 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 September 25, 2002, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page ofthis Resolution accurately records (i) the members ofthe 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 25th day of September, 2002. Clerk, Board of Supervisors County of Frederick, Virginia (SEAL) EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-l $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK General Obligation School Bond Series 2002A The COUNTY OF FREDERICK, ViRGiNiA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15,2003 and annually on July 15 thereafter to and including July 15,2022 (each a "Principal Payment Date"), Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 242 together with interest from the date ofthis Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on July 15, 2003 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, SunTrust Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11 :00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment ofthe receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of thc County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 ofthe Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be 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. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws ofthe Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors ofthe County and the School Board ofthe County to provide funds for capital projects for school purposes. This Bond may bc cxchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of$5,000 and whole multiples thereof, having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as herein above provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2012 and the dcfinitivc Bonds for which this Bond maybc cxchangcd that mature on or before July 15, 2012 are not subject to prepayment or redemption prior to their stated maturities. The principal installments ofthis Bond coming due after July 15, 2012, and the definitive Bonds for which this Bond may be exchanged that mature after July 15,2012 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, 2012, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount ofthe Bonds to be redeemed) set forth below plus Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 243 accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2012 to July 14,2013, inclusive. . . . . . . . . . . . . . . . . . . . . . . . . . . July 15, 2013 to July 14,2014, inclusive. . . . . . . . . . . . . . . . . . . . . . . . . . . July 15,2014 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 the prior written consent ofthe registered owner ofthe 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. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtcdness of the County, is within cvcry debt and other limit prescribed by the Constitution and laws ofthe Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Frederick, Virginia, has caused this Bond to be issued in the name ofthe County of Frederick, Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerk, and this Bond to be dated November _,2002. COUNTY OF FREDERICK, VIRGINIA (SEAL) ATTEST: Clerk, Board of Supervisors of the County of Frederick, Virginia By: Chairman, Board of Supervisors of the County of Frederick, Virginia ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premIses. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 244 Dated: Signature Guaranteed: Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.) Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the above resolution was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye RESOLUTION At a regular meeting of the Frederick County Board of Supervisors held on the 25th day of September, 2002, the following resolution was adopted by a majority ofthe members of the Board of Supervisors by the following roll can vote, as recorded in the minutes of the meeting: PRESENT: VOTE: ABSENT: On motion of by a vote of , seconded by , the following was adopted: , which carried A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,355,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF FREDERICK, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY PURSUANT TO THE LITERARY FUND SUBSIDY SALE AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in September of200 1, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") ofthe School Board ofthe County of Frederick, Virginia (the "School Board") for a loan in the amount of$4,355,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction of a new high school (the "Project") in the County of Frederick, Virginia (the "County"), on the First Priority Waiting List. WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 245 "Commitment") within one year of placement ofthe Application on the First Priority Waiting List upon receipt ofthe Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, ofthe Application as having met all conditions for a loan from the Literary Fund. WHEREAS, the Board of Education was thereafter to have given advances on the amount ofthe Commitment for the Literary Fund Loans to the School Board, as construction ofthe Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced. WHEREAS, after the completion ofthe Project and the advance of the total amount ofthe Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation ofthe School Board to repay the Literary Fund Loan. WHEREAS, the Literary Fund Obligation was to have borne interest at three percent (3%) per annum and mature in annual installments for a period of twenty (20) years. WHEREAS, in connection with the 2002 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds ofthe County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date that VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense Allowance"). 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 up to $4,355,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code") on September 25,2002 on the issuance of the Bonds (as defined below). WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. 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 $4,355,000 (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 ofthe 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 ofthe Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 246 Bonds, Series 2002B"; 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 15,2003, 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 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 ten one-hundredths of one pcrcent (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 seven percent (7.00%) 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 due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Date 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. Pavmen1: Paving Agent and Bond Registrar. The following provisions shall apply to the Bonds: For as long as the VPSA is the registered owner ofthe 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 II :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.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; All overduc 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 SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Prepavment or Redemption. The Principal Installments ofthe Bonds are not subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of the County, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owncrs of the Bonds. 8. Execution ofthe 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 ofthe County thereto. The manner of such execution and affixation ofthe seal may be by facsimile, provided that ifboth 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 the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, 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 ofthe Board and Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 247 the County Administrator, and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, ifrequested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revcnue 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 ofthe County that (i) the proceeds from the issuance and sale ofthe 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 ofthe 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 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 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 Agreemcnt, 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 ofthe Bond Sale Agreement should the County be determined by the VPSA to be 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 ofthc County. 14. Further Actions. The County Administrator, the Chairman ofthe 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 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 hcld on September 25, 2002, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the 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 ofS upervisors ofthe County of Frederick, Virginia, this 25th day of September, 2002. Clerk, Board of Supervisors County of Frederick, Virginia (SEAL) Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 248 Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the above resolution was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - AMENDMENT TO THE 2002-2003 FISCAL YEAR BUDGET - PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO CONSIDER THE FOLLOWING ITEMS (RESOLUTION #013-02) WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 25, 2002, approved the following requests. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2002- 2003 Budget be Amended to Reflect these amendments. 1. School Construction Fund Supplemental Appropriation in The Amount of $28,899,042.12. This Amount Represents Outstanding School Construction Fund Encumbrances at June 30,. 2002 2. General Fund Supplemental Appropriation in the Amount of $$1,956,163.94. This Amount Represents Outstanding General Fund Encumbrances at June 30, 2002. 3. Administration Building Renovation Fund Supplemental Appropriation in the Amount of $652,415.00. This Amount Represents Outstanding Administration Building Renovation Fund Encumbrances at June 30, 2002. 4. Landfill Fund Supplemental Appropriation in the Amount of$820,000.00. This Amount Represents Remaining Funds Available for Appropriation for Projects Not Completed. ADOPTED this 25th day of September, 2002. There was no public comment. Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the above amendment to the 2002-2003 Fiscal Year Budget was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 33. SUPERVISORS. BOARD OF: SECTION 33-1. APPOINTMENT OF COMMITTEE MEMBERS. THE PURPOSE OF THIS AMENDMENT IS TO ALLOW FOR THE CHAIRMAN OF THE BOARD OF SUPERVISORS TO APPOINT ONE AT-LARGE REPRESENTATIVE TO ANY PERMANENT OR TEMPORARY COMMITTEE ESTABLISHED BY THE BOARD Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 249 AND IN ADDITION. EACH MEMBER OF THE BOARD OF SUPERVISORS TO APPOINT ONE CITIZEN REPRESENTATIVE FROM HIS OR HER MAGISTERIAL DISTRICT TO THE FOLLOWING COMMITTEES: CODE AND ORDINANCE. FINANCE. PERSONNEL. PUBLIC SAFETY AND PUBLIC WORKS. AND THE LENGTH OF THE TERM OF SUCH REPRESENTATIVE SHALL BE CONCURRENT WITH THE BOARD MEMBER MAKING SUCH APPOINTMENT. - DENIED Administrator Riley presented this request to the Board advising what this request would mean, with regard to the various county committees, ifit is approved. Catherine Whitesell, Back Creek District, advised that she felt it depends on what side of the fence you are sitting on as to how you would like for this to go. She feels it is fair for the citizens ofthis County to be represented district wide and for everyone to have an opportunity to be at the table. George Sempeles, Red Bud District, does not feel this is a good idea. He feels individuals should be chosen for the good of Frederick County, not those with their own personal agendas. He referred to recent appointees to the Planning Commission with their own personal agendas. Feels politics should be kept out of this area of county government. Sam Lehman, Back Creek District, would like to think that politics is the art and science of making government work. Hc fccls each magisterial district should be represented on each major committee. This is government of the people. Sharon Boyd, Gainesboro District, referred to an earlier statement wherein the individual said politics should not be involved. She feels this in someway implies that Mr. Shickle's seat is not a political seat. She does not feel this is the issue at hand. She would like to know that someone from her district is truly representing her district and this would also open the door for communications. Doug Dolan, Red Bud District, is opposed to this amendment. He referred to several Planning Commission meetings that he has attended and saw first hand why he thinks this request is a bad idea and should be rejected. Kenneth Y. Stiles, Stonewall District, addressed the difference between the Sanitation Authority, School Board, Social Services Department, and Planning Commission as these are statutory agencies created by state law, and there is a difference between these and the committees of the Board. The county committees are there solely to provide information to the Board, and there is nothing stated that there has to be any committees other than what the State says is necessary. He advised that reference has been made to the strife that is being caused by not having sufficient Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 250 appointees to these committees. He further advised if some ofthe appointments that have been made by some members of this Board are an example, this will do nothing but increase strife in every committee meeting that is held. James L. Longerbeam, Back Creek District, advised he would echo what Mr. Stiles hadjust said. He feels there are many county citizens that are qualified to serve on these various committees, and that the selection ofthose residents should be left with the Chairman of the Board as it has been from the beginning. Supervisor Sager moved to deny this request as an amendment to the Frederick County Code, Chapter 33. Supervisor Douglas seconded this motion. Supervisor Tyler advised this is not so much about stacking decks or hidden agendas, this is about a district without representation due to redistricting. Supervisor Forrester advised she was the one who had submitted this request, as she is the Board Member from the newest district. She has virtually no representation on any of the committees, and she feels as the community grows, what worked ten or fifteen years ago, when people could communicate with their close neighbors, is not happening now due to the size of the community. The above motion to deny the request to amend Chapter 33 of the Frederick County Code as follows was approved by the following recorded vote: BE IT ORDAINED, that Chapter 33, Supervisors, Board of; Section 33-1, Appointment of Committee Members, be amended to read as follows: ~ 33-1. Appointment of committee members The Chairman of the Board of Supervisors shall appoint one at-large committee members to any permanent or temporary committee established by the Board. In addition thereto, each member of the board shall appoint one citizen representative from his or her magisterial district to the following committees: Code and Ordinance, Finance, Personnel, Public Safety and Public Works Committees, and the length of the term of such representative shall be concurrent with the board member making such appointment. The Chairman shall,hak" "ppvjnt,hc"1b [VI Llling v"""t"d p""l1al,c'l1t 01 klllflOla.y "vllllllittee p06~t~Vll~ (~"ats) aftel lec'dving notification of thc' membel 's intent to vacate his position (sc'at). Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Nay Lynda J. Tyler - Nay Gina A. Forrester - Nay Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 251 PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #02-02 OF SHERWOOD BRYANT. SUBMITTED BY PAINTER-LEWIS. P.L.C.. TO REZONE 7.8691 ACRES FROM RA (RURAL AREAS) TO B2 (BUSINESS GENERAL) DISTRICT. THIS PROPERTY IS LOCATED 200 FEET EAST OF THE INTERSECTION OF GORE ROAD (RT.751) AND NORTHWESTERN PIKE (RT.50). ON THE SOUTH SIDE OF NORTHWESTERN PIKE (RT. 50). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 28-A-63C IN THE BACK CREEK MAGISTERIAL DISTRICT. (POSTPONED FROM BOARD OF SUPERVISORS MEETING OF AUGUST 14.2002.) - APPROVED Planner II Abbe Kennedy presented this request to the Board advising this had been to the Board at an earlier meeting and was postponed at the request ofJohn Lewis of Painter-Lewis, P.L.e. in order that he might further review this rezoning and the proffers offered. John Lewis appeared before the Board to advise ofthe amendments. Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, rezoning #02-02 of Sherwood Bryant was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - REZONING #09-02 OF AIKENS PROPERTY. SUBMITTED BY G. W. CLIFFORD & ASSOCIATES. INC.. TO REZONE 1.34 ACRES FROM Ml (LIGHT INDUSTRIAL) AND .05 ACRES FROM B2 (BUSINESS GENERAL) TO B3 (INDUSTRIAL TRANSITION) DISTRICT. THIS PROPERTY IS LOCATED WEST AND ADJACENT TO MARTINSBURG PIKE (RT. 11) AND SOUTH AND ADJACENT TO STINE LANE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 54-A-21: 54-A-20A: 54-A-20 AND 54-A-22 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Planning Director Lawrence presented this request to the Board advising that the Planning Commission recommended approval. There was no public comment. Upon motion made by Supervisor Tyler, seconded by Supervisor Tyler, rezoning request #09-02 of Aikens Property was approved by the following recorded vote: Richard e. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 252 Gina A. Forrester - Aye PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING ORDINANCE: ARTICLE V. RA RURAL AREAS DISTRICT: SECTION 165-55 C. EXISTING STRUCTURES. THE PROPOSED AMENDMENT IS INTENDED TO CLARIFY THAT ONLY LOTS CREATED AROUND EXISTING "DWELLINGS" MAY OUALIFY FORA SPECIAL 50 FOOT SIDE AND REAR YARD SETBACK - APPROVED Planning Director Lawrence presented this amendment request to the Board advising that the trouble with this particular exemption is that it was probably intended to apply to existing dwellings, not all structures. This has been discussed with staff and the DRRS believes the intent ofthis section was to have a 50' setback from an existing dwelling. Upon motion made by Supervisor Sager, seconded by Supervisor Tyler the following resolution was approved: WHEREAS, An ordinance to amend Chapter 165, Zoning, Code of Frederick County, Section 55C, Existing Structure Setbacks, was considered by the Development Review and Regulations Subcommittee (DRRS) on April 25, 2002 and consequently recommended for approval; and WHEREAS, The Planning Commission held a public hearing on this ordinance adoption on August 7, 2002; and, WHEREAS, The Frederick County Board of Supervisors held a public hearing on this ordinance amendment on September 25, 2002; and, WHEREAS, The Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest ofthe public hcalth, safety, welfare, and convenience; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Code of Frederick County, Section 55C, Existing Dwellings Setbacks, is amended as described on the attachment. This ordinance shall be in effect on the day of adoption. Proposed Amendment: ~165-55C: Existing St1tlGtUlGS dwellings. The side or rear setbacks for any lot created around an existing u,,'" 01 i>tluctulC dwelling or any family division lot shall be fifty (50) feet from all lot lines. The above resolution was approved by the following recordcd vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 253 PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING ORDINANCE; ARTICLE IV. SUPPLEMENTARY USE REGULATIONS; SECTION 165-48.6. COMMERCIAL TELECOMMUNICATION FACILITIES. THE PROPOSED AMENDMENT IS INTENDED TO ESTABLISH A MINIMUM SETBACK DISTANCE FOR COMMERCIAL TELECOMMUNICATION TOWERS WHEN A SETBACK WAIVER IS REQUESTED. AND TO REQUIRE ENGINEER CERTIFICATION WHEN THE REQUESTED SETBACK IS LESS THAN THE TOWER HEIGHT _ APPROVED Director Lawrence presented this request to the Board advising DRRS has prepared a draft text amendment to Section 165-48.6, Commercial Telecommunication Facilities. These amendments will establish a minimum setback distance for commercial telecommunication towers when a setback waiver is requested, as well as require engineer certification when the requested setback is less than the tower height. The changes will pride clear guidelines when applications are reviewed by the Planning Commission and the Board of Supervisors. There was no public comment. Upon motion made by Supervisor Reyes, seconded by Supervisor Forrester the following resolution was approved: WHEREAS, An ordinance to amend Chapter 165, Zoning, Code of Frederick County, Section 48.6, Commercial Telecommunication Facilities Setbacks, was considered by the Development Review and Regulations Subcommittee (DRRS) on April 25, 2002 and consequently recommended for approval; and WHEREAS, The Planning Commission held a public hearing on this ordinance adoption on August 7, 2002; and, WHEREAS, The Frederick County Board of Supervisors held a public hearing on this ordinance amendment on September 25, 2002; and, WHEREAS, The Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and convenience; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Code of Frederick County, Section 48.6, Commercial Telecommunication Facilities Setbacks, is amended as described on the attachment. This ordinance shall be in effect on the day of adoption. ~165-48.6. Commercial telecommunication facilities. [Added 4-9-1997; amended 7-8-1998] The intent of this section is to ensure that the siting of commercial telecommunication facilities occurs through the conditional use permit public hearing process defined in Article III of this chapter. Commercial telecommunication facilities that locate on existing structures and towers shall be exempt from the conditional use permit requirement. The siting of commercial telecommunication facilities is permitted within the zoning districts specified in this chapter, provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. A. Information required as part of the conditional use permit application shall include, but Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 254 not be limited to, the following: 1. A map depicting the search area used III siting each proposed commercial communications facility. 2. Identification of all service providers and commercial telecommunication facility infrastructure within a proposed search area. The applicant shall provide confirmation that an attempt to collocate on an existing telecommunication facility has been made. 3. Information demonstrating that the commercial telecommunication facility is in compliance with the Federal Communication Commissions established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation. 4. An affidavit signed by the landowner stating that he/she is aware that he/she may be held responsible for the removal of the commercial telecommunications facility as stated in S 165-48.6B(7). B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly economic development and mitigate the negative impacts to adjoining properties: 1. The Planning Commission may reduce the required setback distance for commercial telecommunication facilities as required by S 165-24Bt6} (7) ofthis chapter ifit can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of t . certified Virginia engineer shall provide verification to the Planning tower is designed, and will be constructed, in a manner that' any reason the collapsed tower will be contained in an area aroun the to radius equal to or lesser than the setback, measured from the center line of the base of the tower. In no case shall the setback distance be reduced to less than Y2 the distance of the tower height. Commercial telecommunication facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. 2. Monopole-type construction shall be required for new commercial telecommunication towers. The Planning Commission may allow lattice-type construction for new telecommunication towers that are located outside the Urban Development Area and are not adjacent to properties that are identified historic sites. 3. Advertising shall be prohibited on commercial telecommunication facilities except for signage providing ownership identification and emergency information. No more than two signs shall be permitted. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. 4. When lighting is required on commercial telecommunication facility towers, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting, shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with commercial telecommunication facility towers shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination. 5. Commercial telecommunication facilities shall be constructed with materials of a galvanized finish or painted a noncontrasting blue or gray unless otherwise mandated by the Federal Aviation Administration orthe Federal Communication Commission. 6. Commercial telecommunication facilities shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 255 landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads or other rights-of-way. 7. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cable and support buildings. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Ifthe tower is not removed within the ninety-day period, the county will remove the facility and a lien may be placed to recover expenses. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda I. Tyler - Aye Gina A. Forrester - Aye OTHER PLANNING ITEMS SUBDIVISION APPLICATION #14-02 - THE LANDS OF THOMAS E. AND ESTER M. HINKLE - APPROVED Director Lawrence presented this request to the Board advising this request is for the subdivision of a 1.0331 acre parcel into two single family detached lots. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above subdivision application #14-02 was approved by the following rccorded vote: Richard C. Shickle - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye MASTER DEVELOPMENT PLAN #04-02 - RUTHERFORD'S FARM INDUSTRIAL PARK - APPROVED Director Lawrence presented this request to the Board advising this land will be used for commercial and industrial use. Upon motion made by Supervisor Tyler, seconded by Supervisor Sager, master development plan #04-02 was approved by the following recorded vote: Richard C. Shickle - Nay W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 256 Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye MASTER DEVELOPMENT PLAN #05-02 - FOXE TOWNE PLAZA - APPROVED WITH STAFF'S RECOMMENDATIONS BEING USED Director Lawrence presented this request to the Board advising that the Planning Commission recommended approval; however, he feels there is a safety issue here. He further advised that staff feels a second access is needed. Supervisor Sager advised he had visited the site, and he encouraged other Board members to look at this site, if they have not, as this is a very busy intersection. Supervisor Tyler echoed what Supervisor Sager had said, and she hopes the general public will not have to deal with this all the time. Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, Master Development Plan #05-02 ofFoxe Towne Plaza was approved to include staff's recommendations as spelled out in the information provided for this request. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye BOARD OF SUPERVISORS COMMENTS SUPERVISOR TYLER ASKED FELLOW BOARD MEMBERS IF THERE IS ANY INTEREST IN HAVING A MEETING TO DISCUSS FOIA Following discussion by Board members it was decided Administrator Riley would check into this and get back with the Board as to when and where. UPON MOTION MADE BY SUPERVISOR FORRESTER, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:08 P.M.) Minute Book Number 28 Board of Supervisors Meeting of 09/25/02 257 .-- ~ L-9.. 0 Lu Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: dak.n.L -;-: ~ ~) Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 28 Board of Supervisors Meeting of 09/25/02