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September 12 2007 Regular Meeting)60 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, September 12, 2007 at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Gene E. Fisher; Charles S. DeHaven, Jr.; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten. ABSENT Gary W .Dove. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Daniel Hesse, Harvesters of Hope Ministry and the Virginia Council of Churches, delivered the invocation. PLEDGF, OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENllA -APPROVED County Administrator John R. Riley, Jr. advised that he had no additions to the agenda. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board approved the agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Ayc Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CONSENT AGENDA -APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Proclamation Designating the Fourth Monday in September as Family Day - A Day to Eat Dinner with your Children. -Tab C; Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 061 - Transportation Committee Report -Tab F. Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Gcne E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CITIZEN COMMENTS Shawn Carrico, Opequon District, appeared before the Board as a concerned citizen and representing the Winchester Wheel & Bicycle Club. He stated he was pleased with the proposed bicycle and pedestrian plan and hoped the Board would endorse the plan that evening. Joanne Leonardis, Red Bud District and representative of Preserve Frederick, read and distributed the following statement: "We are pedestrians. Just as a fish needs to swim and a bird needs to fly, we need to walk. Yet, most people cannot safely walk to schools, stores, or jobs in their community. In fact, most people in Frederick County cannot safely leave their neighborhoods on bicycle or foot. We are stuck and the only way out is a vehicle. Frederick County needs this Bike & Pedestrian Mobility Plan and Preserve Frederick respectfully requests that the Mobility Plan be endorsed here tonight. As highlighted in the report, endorsing this Plan and adopting it into the Comprehensive Plan is crucial because: • Bicycling and walking are a necessary part of the transportation system. (For all county citizens and especially our children.) • Increased bicycling and walking for transportation can help to improve air quality and reduce traffic congestion. (The Virginia Energy Plan encourages anything that reduces vehicle miles traveled.) • Bicycling and walking can play a vital role in improving health. (Roughly 30% of all people are significantly overweight.) • Developing a network of pedestrian and bike facilities makes good economic sense. (By increasing home values, attracting new companies to the area and reducing the cost of health care.) • Bicycling and walking are fun recreational activities that are the building blocks of a healthy and vibrant community. Endorsing this Mobility Plan will also align with and support the UDA Study and the Traditional Neighborhood Development initiative. Just as we have the 2030 Transportation Plan, the Eastern Road Plan, and other Road Improvement Plans without allocated funding, Preserve Frederick hopes the Board will also endorse the Bike & Pedestrian Mobility Plan to allow for the acceptance of future proffers and funding options. Minute Book Number 33 Board of Supervisors Regular Meeting of U9112/07 X62 Please, say YES to the Bike and Pedestrian Mobility Plan. Thank You!" BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES -APPROVED Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board approved the minutes from the August 22, 2007 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF JOHN K. RILEY. JR. TO THE REGIONAL JAIL AUTHORITY -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board reappointed John R. Riley, Jr. to the Regional Jail Authority. This is a four year appointment, said term to expire October 13, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REAPPOINTMENT OF JOHN L. MCKENZIE AS STONEWALL DISTRICT REPRESENTATIVE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board reappointed John L. McKenzie to serve as Stonewall District representative on the Industrial Development Authority. This is a four year appointment, said term to expire November 10, 2011. The above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12107 os~ Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye APPOINTMENT OF NANCY LEE COMER AS COUNTY REPRESENTATIVE ON THE HANDLEY REGIONAL LIBRARY BOARD -APPROVED Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board appointed Nancy Lee Comer to serve as county representative on the Handley Regional Library Board. This is a four year appointment, said term to expire November 11, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PROCLAMATION (#002-07) DESIGNATING THE FOURTH MONDAY IN SEPTEMBER AS FAMILY DAY - A DAY TO EAT WITH YOUR CHILDREN - APPROVED UNDER CONSENT AGENDA WHEREAS, the use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children; and WHEREA5,12 years of surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; and WHEREAS, teenagers who cat dinner with their families two times a week or less are twice as likely to drink alcohol and smoke cigarettes, compared to teens who have frequent family dinners; and WHEREAS, teenagers who eat dinner with their families are half as likely to smoke cigarettes, smoke marijuana and drink alcohol; and WHEREAS, the correlation between family dinners and reduced risk for teen substance abuse are well documented; and WHEREAS, parental engagement is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers; and WHEREAS, family dinners have long constituted a substantial pillar of family life in America; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, do hereby proclaim the fourth Monday in September as Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 X64 Family Day - A Day to Eat Dinner with Your Children TM and urge all citizens to recognize and participate in its observance. ADOPTED this 12th day of September, 2007. The above resolution was approved under the consent agenda. CORRESPONDENCE AND CONTRACT RE: PURCHASE OF PROPERTY FROM KATHERINE L SMELTZER IN GORE. VIRGINIA -APPROVED Administrator Riley advised this was a contract to purchase three parcels of land near Gore. Staff was seeking permission to pursue the purchase of this property for the sum of $164,900 and authorization for the Chairman to sign the real estate contract on behalf of the County. Administrator Riley went on to say that once the contract was signed then a 60 day study period would commence. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the purchase of three parcels of land near Gore from Katherine L. Smeltzer for the sum of $164,900.00, pursuant to the terms of the Real Estate Contract dated August 30, 2007, and authorized the Chairman to sign the Contract on behalf of the county. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT -APPROVED The Public Works Committee met on Tuesday, August 28, 2007 at 8:00 a.m. All members were present. The following items were discussed: ***Items Requiring Action*** 1. Occupancy Loading -Approved to Forward to Public Hearing The committee discussed the findings of the subcommittee established to address occupancy loading of structures. The building official has drafted an amendment to Chapter 54 of the Frederick County Code, Building Maintenance. This amendment will allow the Building Official to ensure that structures are safe from an occupant load standpoint. The recommended language for the code change has been attached. The proposed change has been reviewed by the County Attorney. The Committee recommends this item be sent forward for public hearing with a recommendation of approval. Minute Book Number 33 Board or Supervisors Regular Meeting or 09/12/07 06~ Upon a motion by Supervisor Lemieux, seconded by Supervisor Van Osten, the Board approved sending the above item forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye The Committee reviewed a proposed amendment to the Frederick County Zoning Ordinance §165-156. Definitions, to define single family. The proposed definition has been reviewed by the County Attorney. The Committee recommends approval of this change and that this proposed amendment be forwarded to the Planning Commission for public hearing, with the Commission to expedite a recommendation to the Board. Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board approved the above item by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye ***Items Not Requiring Action*** 1. Disposition of Old Gainesboro School The committee discussed various option for the disposition of the Old Gainesboro School. Options included, but were not limited to a branch of the Handley Library, satellite offices for several county departments, a community center, and a site for replacement of the Gainesboro citizens' convenience site, etc. The committee recommended a special public works committee meeting be held on Tuesday, September 18, 2007 at 7:00 p.m. at the new Gainesboro Elementary School to allow the general public to attend and to provide their input on disposition of the school and property. Public Works staff will coordinate with the County Administrator's Office to inform the general public of the proposed meeting. A slide presentation and copy of the building plans will be shown during this meeting. 2. Update on Site Distance Improvements at Intersection of Greenwood and Sulphur Springs Roads Staff reported that the V irginia Deparhnent of Transportation was performing the subj ect site distance improvement project. Upon completion of the project, the site distance visibility will be increased dramatically at this dangerous intersection. The project is anticipated to be complete on or by September 7, 2007. 3. Miscellaneous Reports Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 X66 a. Tonnage Report: Landfill (Attachment 2) b. Recycling Report (Attachment 3) o, Animal Shelter Dog Report (Attachment 4) d. Animal Shelter Cat Report (Attachment 5) TRANSPORTATION COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA The "fransportation Committee met on Monday, August 27, 2007 at 8:30 a.m. Members Present Members Absent Chuck DeHaven (voting) Donald Breeden (liaison) Phil Lemieux (voting) James Racey (voting) Mike Smith (voting) Gary Oates (liaison) George Kriz (liaison) Lewis Boyer (liaison) ***Items Requiring Action*** NONE ***Items Not Requiring Action*** 1. WinFred MPO Bicycle & Pedestrian Mobility Plan Staff distributed a copy of the draft Bicycle and Pedestrian Mobility Plan to the committee review. This plan has been recently approved by the WinFred MPO Policy Committee for pu comment. As part of that public comment period, staff is bringing this draft plan for considers! of a recommendation of endorsement to the Board of Supervisors. This plan, grant funded and under development for more than 18 months, has been drafted in the effort to elevate bicycle and pedestrian planning in the Frederick County, Winchester, and Stephens City area. The committee discussed. the plan and, while generally pleased with the product, had a concern with the fact that wording in the implementation chapter could lead residents to expect that the county would be expending significant tax dollars over the next five years on bicycle and pedestrian improvements. Staff informed the committee that this issue had been brought forth and is being dealt with in the final draft. Motion: Mr. Lemieux, seconded by Mr. Smith To recommend endorsement of the plan. Motion passed unanimously. 2. Transportation Impact Fecs Staff presented the following information to the committee as an information item. As staff has noted at previous meetings, VDOT has drafted new regulations regarding the completion of TIAs and also the submission of Comprehensive Plan and other plan updates to VDOT for comment. These new regulations will take effect in the Staunton District on January 1, 2008. Staff has been working through this new package and generally feels there will not be a great impact on county Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 06i planning operations, though there is the possibility for impact on timelines as VDOT comment is made. In addition, staff will be attending upcoming training sessions on the new regulations. 3. Enhancement Grants Staff presented the following information to the committee and sought guidance on whether they would prefer to continue trying to accrue funds for the Senseny Road project or to look at other opportunities. The November deadline to make application for enhancement grants is approaching. As you will recall from last year we applied for funds to make improvements to the Senseny Road Corridvr. That request was partially funded at $140,000. Staff is preparing a new application for the Senseny Road Corridor to continue to work toward fully funding that project. Additional materials will be presented at the meeting. After some discussion and slight modification to the map to include a small area not completed by the Orrick Commons prof ect, the committee recommended that staff continue with the Senseny Road project. Staff will prepare an application for the September Committee meeting. 4. Access Management As you may recall, some time ago the Board of Supervisors authorized staff and the Transportation Committee to create an access management plan. In our first of what will be a series of agenda items working toward this goal, please find the attached literature which discusses what access management is and also describes some of the primary techniques used. The basic format that staff plans to fellow is to take one or two primary considerations, such as signal or intersection spacing, each month. Staff will bring recommendations to the committee for discussion and refinement. There will be many issues to consider in addition to whether the proposed guidelines are too weak or too harsh. Among these are what, if any, waiver opportunities should accompany each section and how existing uses can be "grandfathered" in and what would trigger the need for compliance. Once the plan is complete, it would be forwarded to the Board of Supervisors for consideration. Staff would expect that should the Board look favorably upon the plan, it would be adopted and forwarded to the DRRS committee for codification. Staff presented the above information to the committee to seek input on whether this would be their preferred course of action. The committee directed staff to continue as outlined above. 5. Article Review Staff regularly submits copies of transportation related articles to the committee from various news outlets. 6. Other Mr. Racey requested a review of the signal timing at Commonwealth Court to see whether Route 11 is receiving adequate green time. This request has been passed along to VDOT. PUBLIC HEARING PUBLIC HF,ARING TAX EXEMPT STATUS REQUEST FROM BLUE RIDGE HOSPICE. REQUEST FROM THE BLUE RIDGE HOSPICE ANON-PROFIT VIRGINIA ORGANIZATION. TO BF. CLASSIFIED AND DESIGNATED AS A CHARITABLE AND BENEVOLENT ORGANIZATION WITHIN THE CONTFXT OF &6(al t61 OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA THE ESTIMATED ASSESSED VALUE FOR THE PERSONAL PROPERTY OWNED BY Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 )68 THE BLUE RIDGE HOSPICE IS $10 000 AND THE ANNUAL ESTIMATED PERSONAL PROPERTY TAX TO BE EXEMPT WOULD BE $420.00 - (RESOLUTION #013-07) -APPROVED Administrator Riley advised this was a request from Blue Ridge Hospice for tax exemption for property owned by them in Frederick County. The estimated value of personal property is $10,000 with annual estimated personal property tax to be exempt of $420.00. Chairman Shickle convened the public hearing. "There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the request by Blue Ridge Hospice for exemption from taxation pursuant to Article X, Section 6(A)(6) of the Constitution of Virginia. WHEREAS, Blue Ridge Hospice, anon-profit organization, has requested the Board of Supervisors of the County of Frederick, Virginia, to grant its request for a tax exemption pursuant to Article X §6(a) (6) of the Constitution of Virginia for certain property owned by said organization in the County of Frederick; and WHEREAS, no real property is owned by Blue Ridge Hospice that is part of this appeal; and WHEREAS, Blue Ridge Hospice may have an estimated personal property value of $10,000 and the annual estimated personal property tax to be exempt would be $420.00; and WHEREAS, Blue Ridge Hospice does not anticipate unrelated income gross receipts under IRC Code ,¢511 et seq. and therefore requests exemption from any annual business license; and WHEREAS, The Board of Supervisors examined and considered the provisions of Section 58.1-3651 (B) of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby supports, pursuant to Article X, §6 (a) (6) of the Constitution of Virginia, to provide: 1. 'T'hat Blue Ridge Hospice is classified and designated as a charitable and benevolent organization pursuant to the Code of Virginia, Section 58.1-3651 (A); and 2. That personal property owned by Blue Ridge Hospice and used by it exclusively for charitable and benevolent purposes on anon-profit basis is determined to be exempt from taxation, state and local, including inheritance taxes; and 3. That Blue Ridge Hospice will not conduct business that is unrelated business taxable income and what business it conducts will be used by it exclusively for charitable and benevolent purposes on anon-profit basis is determined to be exempt from taxation on state sales tax and local license taxes. AllOPTED this 12th day of September 2007. "fhe above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting or 09/12/07 065 Richard C. Shickle Aye Gene F,. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - PROPOSF,D SCHOOL BOND FINANCING BY THE COUNTY OF FREDERICK, VIRGINIA. THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA (THE "COUNTY") WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2-2606 OF THE CODE OF VIRGINIA, 1950, AS AMENDF,D, ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE "BONDS") OF THE COUNTY IN AN AMOUNT NOT TO EXCEED $4,000,000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES A RESOLUTION #014-071 AUTHORIZING THE ISSUANCE OF THE BONDS WILL BE CONSIDERED BY THE BOARD OF SUPERVISORS AT ITS MEETING ON SEPTEMBER 12 2007. - APPROVED Administrator Riley advised this was a resolution authorizing the issuance and sale of $4,000,000 general obligation school bonds. The purpose of the bonds is to provide financing for the 12th elementary school. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board approved the resolution authorizing the issuance and sale of not to exceed $4,000,000 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 in an amount not to exceed $4,000,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the Board held a public hearing on September 12, 2007 on the issuance of the bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code"). WHEREAS, the School Board of the County has requested, by resolution, the Board to authorize the issuance of the Bonds and has consented to the issuance of the Bonds. WHEREAS, the objective of the Virginia Public School Authority (the "VPSA") is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds. Minute Book Number 33 Board of Supervisors Regular Meeting of 09/]2/07 070 WHEREAS, such factors may result in requiring the County to accept a discount, given the VPSA Purchase Price Obj ective and market conditions, under which circumstance the proceeds from the sale of the Bonds received by the County will be less than the amount set forth in paragraph 1 below. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $4,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2007B" (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, 2008, 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 of VPSA. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be no more than ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six percent (6%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount 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 Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery 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 Pang A:?ent and Bond Re isg tray. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 07~ 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; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) U.S. BankNational Association, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redem tion. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2017, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 20] 7 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, 2017 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2017 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, 2017 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, 2017 to July 14, 2018, inclusive.......... 101% July 15, 2018 to July 14, 2019, inclusive........... 100.5 July 15, 2019 and thereafter ............................... 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both 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 of the County are not lawfully available and appropriated for such purpose. l 0. Use of Proceeds Certificate•Nop-Arbitrage Certificate. The Chairman of the 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 aNon-Arbitrage Certificate, if required 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 Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 072 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 of the Board, or either of them and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale 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. 1'he Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - CONSIDER A DEED TO CONVEY THE OLD STEPHENS CITY SCHOOL. LOCATED ON THE EAST SIDE OF U.S. ROUTE 11 IN THE TOWN OF STEPHENS CITY OPEQUON MAGISTF,RIAL DISTRICT, DESCRIBED AS "PARCEL A" IN PLAT OF SURVEY OF ELLIOTT RITCHIE, JR., C.L.S. DATED MAY 27,1992 AND CONTAINING 1.2961 ACRES TO THE TOWN OF STEPHENS CITY -APPROVED Administrator Riley advised that the Board, at its June 27, 2007 meeting, approved the language of a deed of conveyance for the old Stephens City School from the county to the Town of Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 07~ Stephens City. The deed came to the Board following legal counsel's review and a favorable recommendation from the Finance Committee. A public hearing is required prior to the property being conveyed Chairman Shickle convened the public hearing. There were no public comments Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the deed of conveyance of the old Stephens City School to the Town of Stephens City. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - AMENDMENT TO THE 2007-2008 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 AMEND THE FISCAL YEAR 2007-2008 BUDGET TO REFLECT: CAPITAL PROJECTS FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF ~2 554 655. THIS AMOUNT REPRESENTS OUTSTANDING PURCHASE ORDER BALANCE AT JUNE 30 2007. - (RESOLUTION #015-07) -APPROVED Administrator Riley advised this was a budget amendment to reflect a Capital Projects Fund Supplemental Appropriation in the amount of $2,554,655 for outstanding purchase order balances as of June 30, 2007. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the budget amendment. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 12, 2007, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2007-2008 Budget be Amended to Reflect: Capital Projects Fund Supplemental Appropriation in the Amount of $2,554,655. This Amount Represents Outstanding Purchase Order Balance at June 30, 2007. Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 X74 ADOPTF,D, this 12th day of September, 2007. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS REZONING #07-07 OF I-81 DISTRIBUTION CENTER, SUBMITTED BY TRIAD ENGINEERING INC TO REZONE 59 ACRES FROM RA (RURAL AREASI DISTRICT TO Ml (LIGHT INDUSTRIALI DISTRICT WITH PROFFERS. FOR OFFICE AND WAREHOUSE USES. THE PROPERTIES ARE LOCATED APPROXIMATELY 0.61 MILES NORTH OF THE ROUTE 11 INTERSECTION WITH CEDAR HILL (ROUTE 671).,_BOUNDED ON THE WEST BY INTERSTATE ROUTE 81 AND ON THE EAST BY MARTINSBURG PIKE (ROUTE l 1), AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 33-A-109 AND 33-A-110 IN THE STONEWALL MAGISTERIAL DISTRICT. -DENIED Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 59 acres from RA (Rural Areas) District to MI (Light Industrial) District, with proffers. The property is located on Route 11 North in the Stonewall Magisterial District. The applicant proposed office and warehouse uses. The subject parcels are located within the boundaries of the Sewer and Water Service Area and the Northeast Land Use Plan. The Northeast Land Use Plan designates this area for business use. Deputy Director Ruddy stated this proposed application does not provide a level of service C or better for the surrounding intersections/roadways. He went on to say the Land Use Plan discourages single lot access. The applicant's proffer statement limited office uses of 150,000 square feet and warehouse uses of 739,000 square feet. The project's Traffic Impact Analysis was prepared using two scenarios: A) Assumed project will include 570,000 square feet of warehouse. B) Assumed the proposed development of 220,000 square feet of office. Both the county and VDOT have expressed concerns with the Traffic Impact Analysis as it indicates a Level of Service C or better will be maintained on the study roads and intersections; however, none of the proposed/necessary road improvements have been addressed by this application. Minute Book Number 33 Board or Supervisors Regular Meeting or 09(12/07 07~ Deputy Director Ruddy then reviewed the proffer statement. He stated the applicant has capped the land use on the property, but did not proffer a generalized development plan. Right of way for Route 11 has been dedicated and right turn deceleration lanes into the site have also been proffered. $150,000 towards Route 11 corridor improvements will be contributed to the county at certificate of occupancy. He noted that other transportation proffers would be triggered by traffic count. Deputy Director Ruddy went on to say the applicant's approach is undesirable and does not adequately address the projects impacts. He stated the Planning Commission recommended denial of this application for the following reasons: 1) The application fails to address the Comprehensive Policy Plan. 2) The application fails to adequately address the design standards within the corridor. 3) The applicant's TIA and transportation improvements do not adequately mitigate impacts to the Route 11 corridor. He concluded by noting that the applicant had submitted revised proffers, which satisfied the landscaping requirements. Deputy Director of Planning/Transportation John Bishop reviewed additional outstanding items as they related to transportation. He stated the Traffic Impact Analysis lacked a "worst case" scenario, there was inaccurate information used regarding the background traffic, and combined uses were not modeled. He went on to say that regardless of what had been previously mentioned, the Traffic Impact Analysis' impacts are not met. Deputy Director Bishop stated staff did not support the trip proffers and the ongoing efforts that would be required to monitor them. Staff s preference was the flexibility of cash versus the signal approach. He stated a signal was preferable at intersections as opposed to a single use entrance. The applicant was modifying to work on VDOT warrants. Ty Lawson, Attorney for the applicant BPG Properties Ltd., appeared before the Board along with Dan Dilello, Vice-President of BPG Properties, Ltd. Mr. Dilello provided the Board with an overview of the company and reviewed the proposed site plan for this project. He then reviewed the benefits of this project, which included: - Provide shovel ready M1 zoned property. - $37+ million class A facility. - $200,000 in annual real estate taxes. Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 076 - Job creation. - Proffer of $260,000 combined for traffic impacts, etc. Mr. Lawson reviewed the proffer statement, which included: - $10,000 contribution to Frederick County and Clearbrook Fire and Rescue. - Construct two right turn deceleration lanes, right of way dedication for Future Route 11 widening. - $150,000 for Route 11 improvements. - Install trip counters, real time trip counters. - $50,000 to Frederick County for Route 11 improvements, if evening peak trips exceed 124. - $150,000 or the cash value of to Frederick County for a traffic signal for Route 11, if evening peak trips exceed 325. - $250,000 to Frederick County for Route 11 improvements, if evening peak trips exceed 510. - Limited development up of 150,000 square feet of office and 750,000 square feet of warehouse/distribution. - No more than 2 vehicular entrances along Route 11. - 10' landscaping strip with trees and shrubs; 3~E berm or hedgerow (if not required by site plan); and placement of 230 trees along Route 11. - Construct bike and pedestrian trail. - Facade materials. - All utilities will be underground. - Storm water management maintained by the applicant. The potential value of the proffers is $610,000. Mr. Lawson went on to say the proposed M 1 zoning was consistent with the surrounding zoning. He stated the applicant did consider B3 zoning; however, Frederick County was in need of M1 zoned land instead of B3. Chairman Shickle asked Mr. Lawson why the applicant selected land that was designated for B3 use in the Comprehensive Plan to develop as M1. Mr. Lawson responded the applicant was looking for property in the I-81 corridor and was not looking at whether it was designated B3. He went onto say the applicant thought this location was desirable. Vice-Chairman Fisher asked why the last sentence in proffer 2.1 was added. Minute Book Number 33 Board of Supervisors Regular Meeting of 09/] 2/07 077 Mr. Lawson responded it was to give an idea of what the applicant was talking about. He stated the design for the Route 11 corridor was not complete; however, the applicant would be fine with a 30~ right-of--way. Scott Alexander, VDOT Assistant Residency Administrator, appeared before the Board. Chairman Shickle asked Mr. Alexander for VDOT's position on the conflicting numbers in the traffic impact analyses. Mr. Alexander responded that both presentations (i.c. the county's and the Applicant's) were right. He stated VDOT was at odds with the methodology used in the applicant's Traffic Impact Analysis. He went on to say they had issues with the analysis; however, they could "buy offl' on it with the caveats in the proffers and certain thresholds. Chairman Shickle asked Mr. Alexander where VDOT's analysis numbers would have come in, had they performed the Traffic Impact Analysis. Mr. Alexander responded that VDOT would have been closer to the county's numbers. He went onto say the amount of dollars proffered would not go a long way to improve the intersections. He concluded by saying that VDOT is strict about meeting warrants and warrant analysis. Chairman Shickle convened the public hearing. Kirk Matthews, Red Bud District, appeared before the Board regarding this item. He stated the Board was seeing this request after it had been rejected by the Planning Commission and the proffers had been tweaked. He stated that it seemed like "we" were going out of the process and he would like to see the integrity of the system upheld. He wanted the Board to look at this application and send it back to the Planning Commission. He concluded by asking who would be charged with monitoring the trip counters, the county or the developer? There being no further comments, Chairman Shickle closed the public hearing. Supervisor DeHaven stated despite 18 months of study, this proposal was not in conformance with the Comprehensive Plan and did not address the Eastern Road Plan. Upon a motion by Supervisor DeIIaven, seconded by Supervisor Van Osten, the Board denied Rezoning #07-07. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 078 Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS MASTER DF,VELOPMENT PLAN #08-07 OF SHOCKEY BROTHERS - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a Master Development Plan to develop 24 acres of B2 (General Business) District zoned land in the Stonewall Magisterial District. The site would be accessed via one entrance off of North Frederick Pike. The applicant was requesting a waiver of § 144-24C of the Subdivision Ordinance to allow the property to be subdivided with private roads. The Planning Commission recommended approval of the waiver request with only one other exit onto Route 522. She concluded by saying this master development plan was consistent with the zoning ordinance and with the waiver could be administratively approved. Evan Wyatt, Grecnway Engineering, stated the purpose of the waiver at the master development plan stage versus the subdivision stage because the waiver is setting up for future subdivision of the property. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the waiver of the § 144-24C of the Subdivision Ordinance. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board granted staff authority to administratively approve Master Development Plan #08-07. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 079 Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye MASTER DEVELOPMENT PLAN #09-07 OF ANNANDALE/ALLTF.D INDUSTRIAL PARK-APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised the property was located in the Shawnee Magisterial District. The applicant was proposing industrial uses on the site. The property would be accessed via a new public street off of Shady Elm Road. She concluded by saying this master development plan was consistent with the zoning ordinance and was in a form that was administratively approvable. Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board granted staff authority to administratively approve Master Development Plan #09-07. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye RF,VIEW OF MPO BICYCLE PLAN Deputy Director of Planning/Transportation John Bishop appeared before the Board regarding this item. He advised this was a public meeting to consider the endorsement of the Winfred MPO Bicycle & Pedestrian Mobility Plan. The purpose of this document was to elevate planning in the areas of Frederick County, Winchester, and Stephens City. The plan has been a significant undertaking and has been approved by the MPO Policy. The plan has been brought through the committee structure and was recommended for endorsement by the Transportation Committee and the Planning Commission. He concluded by saying staff was seeking action by the Board on whether to endorse this plan. Chairman Shickle stated that, as chairman of the MPO, he intended to support the plan, but he wished it had come here first. He stated that it was time to endorse the maps, etc., but it was impossible for the Board to endorse any one aspect of the plan and asked what the Board could do. Deputy Director Bishop responded the Board could endorse the efforts instead of the product at this point. He went on to say the plan was currently limited to the boundaries of the MPO, but Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 oso could be used as a tool to guide a comprehensive plan effort. He stated that staff would prefer to expand this plan to include all of Frederick County. Staff's intent was to begin pulling out nuggets relative to Frederick County and bring it to the Comprehensive Plan, if this plan is adopted by the MPO. He concluded by saying the purpose of the plan is full inclusion of the bike and pedestrian plan in the area. Chairman Shickle stated he was not ready to implement certain portions of the plan at this point. Deputy Director Bishop stated the Board could endorse the maps as shown and direct staff to take the plan and begin to pull those points relative to Frederick County. Vice-Chairman Fisher thought the Board needed to endorse the concept, but he wanted to be clear that the details were not acceptable from a safety stand point. Supervisor DelIaven agreed with a lot of the comments. He went on to say that he would like to see staff take the plan, once the MPO determines full form, and look at how we implement it. Supervisor Ewing agreed with Supervisors Fisher and DeHaven, but felt any incorporation of maps, etc. into the county's Comprehensive Plan needed to be accelerated. Supervisor DeHaven moved that, once the plan is approved by the MPO Policy Committee, staff is directed to look at ways to expand the plan beyond the regional boundaries of the MPO and recommend to the Board how these routes could be implemented into the county's Comprehensive Plan. The motion was seconded by Supervisor Van Osten. Vice-Chairman Fisher stated he did not want to give any approval of the details of the plan. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Absent Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye BOARD LIAISON REPORTS Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 081 There were no Board of Supervisors's comments. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten recognized the Extension Office staff and members of the Extension Leadership Council for the dinner held prior to the Board's meeting, which was an educational opportunity for the Board to be updated on Extension's activities. Vice-Chairman Fisher reported there had been reports of an excessive amount of dead deer in Frederick County over the past few months. The Board had been advised by the Extension Office of an outbreak of Epizootic Hemorrhagic Disease (EHD), which was a disease common among white-tailed deer, but rarely affects other species. This disease occurs during the driest part of the year when conditions are just right for biting gnats, which carry this disease. EHD is not spread from one deer to another and, most importantly, it is not transferred by deer to humans. As previously stated, this disease is carried by biting gnats, which live in or near water and wet, muddy areas, which are places deer congregate during warm, dry weather. The disease dissipates with the onset of colder, wetter weather or the first hard frost, which kills the disease-carrying gnats. Because the incubation period for this disease is five to 10 days, citizens might see afflicted deer up to a couple of weeks after frost. Deer afflicted with EHD will exhibit the following symptoms: - Appear lethargic, lame, or unresponsive to humans; - Bleeding from the nose, lesions or sores on the mouth; - Swollen blue tongues. - Emaciated due to not eating or drinking. Many of the sick deer die in or around water. Again, this disease is not transferred from deer to humans and it will disappear with the onset of colder weather or after a hard frost. It is recommended that hunters avoid shooting and consuming deer that show any F,HD symptoms. ADJOURN UPON A MOTION BY SUPERVISOR F.WING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:05 P.M.) Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07 082 .. ., -.. ~~ _ , Richard C. Shickle J .Riley, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: Q ,, ~l ~~~..t, Jay E. ibb Deputy Clerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 09/12/07