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HomeMy WebLinkAboutSeptember 24 2008 -- Regular Meeting049 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, September 24, 2008 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.; Gary W. Dove; Bill M. Ewing; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Mark Carey, Fellowship Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the agenda as presented. 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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA -APPROVED County Administrator John R. Riley, Jr, offered the following items for the Board's consideration under the consent agenda: - Memorandum re: Cancellation of Board Meetings During 2008 Holiday Season - Tab C; - Parks and Recreation Commission Report -Tab E; - Public Works Committee Report -Tab F; - Transportation Committee Report -Tab H; - Discussion -Height Restrictions in the B3 (Industrial Transition) Zoning District - Tab T; and - Discussion -Interstate Overlay Signs -Tab U. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board Miuute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 050 approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the minutes from the August 5 2008 worksession. The above motion was approved by the following recorded vote: Richard C. Shickle Abstained Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the minutes from the August 13, 2008 meeting. Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS PRESENTATION OF ACCREDITATION AWARD TO THE SHERIFF'S DEPARTMENT BY THE VIRGINIA ASSOCIATION OF LAW ENFORCEMENT PROFESSIONALS COMMISSION The Frederick County Sheriff's Department was recognized for law enforcement excellence by achieving law force accreditation. Once a department receives accreditation it must remain active in order to maintain this certification. Chairman Shickle congratulated Sheriff Williamson and his team on this achievement. COMMITTEE APPOINTMENTS Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24!08 o~~~ REAPPOINTMENT OF CHARLES S. DEHAVEN JR. AS FREDERICK COUNTY REPRESENTATIVE TO THE JUVENILE DETENTION CENTER COMMISSION -APPROVED Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board reappointed Supervisor Charles S. DeHaven, Jr. as Frederick County representative to the Juvenile Detention Center Commission. This is a four year appointment, said term to expire December 11, 2012. 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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OF FREDERICK S. VONDY AS FREDERICK COUNTY REPRESENTATIVE TO THE CHAPTER 10 BOARD -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board reappointed Frederick S. Vondy as Frederick County representative to the Chapter 10 Board. This is a three year appointment, said term to expire December 31, 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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye MEMORANDUM RE: CANCELLATION OF BOARD MEETINGS DURING 2008 HOLIDAY SEASON -APPROVED UNDER CONSENT AGENDA The Board canceled the November 26, 2008 and December 24, 2008 meetings due to the Thanksgiving and Christmas holidays. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND APPROVED Administrator Riley advised this was a request from the Commissioner of the Kevenue to authorize the Treasurer to refund $3,999.86 to Porsche Leasing, Ltd., which represents a proration of vehicles taxed for 2008. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the refund request. Kichard C. Shickle Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 052 Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary VV. Dove Aye Bill M. Ewing Aye Philip A. Lemieux AYe Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT -APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on August 19, 2008. Members present were: Robert Hartman, Cheryl Swartz, Ronald Madagan, Jeffrey Butler, Patrick Anderson, and Philip Lemieux. Items requiring Board of Supervisors Action: 1. I~ one Submitted for Board Information Oniy: 1. The Commission unanimously approved the Parks and Recreation Capital Improvements Program for FY 2009-2010 as submitted. Standing; Committee Reports 1. None PUBLIC WORKS COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, August 26, 2008 at 8:00 a.m. All members were present except Bob Wells and Whit Wagner. ***Items Not Requiring Action*** 1) Carrv Forward Requests The Committee reviewed and unanimously endorsed the following carry forward requests: a) Shawneeland: The sanitary district manager requested a total carry forward of $109,566.25 as outlined in the attached memorandum dated June 27. (Attachment 1) b) Refuse Collection: The solid waste manager requested a total carry forward of $30,000 from the Fiscal Year 2007/2008 refuse collection (10-4203) budget to complete improvements at the Double Toll Gate convenience site. (Attachment 2) 2) Demolition of an Abandoned Structure The Building Official John Trenary presented a proposal to demolish a deteriorated single family dwelling located on Cedar Grove Road. After discussing this proposal at length, the committee unanimously recommended that the county explore legal options rather than demolishing the unsafe structure at this time. (Attachment 3) - 3) Update on Stormwater Regulations The committee reviewed a brief update provided by Joe Wilder, Deputy Director, who currently serves on the technical advisory committee appointed by the State to implement new stormwate:r regulations. Based on the documentation provided by Mr. Wilder, it is apparent that the new regulations could have a significant cost impact on development in Frederick County. The committee supported an offer from Mr. John R. Riley, Jr., County Administrator, to prepare Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 053 a position letter that can be submitted to the appropriate state agency as well as our local state representatives. A draft copy of this letter will be provided to the committee for their review and comments. (Attachment 4) 4. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 5) b. Recycling Report (Attachment 6) c. Animal Shelter Dog Report (Attachment 7) d. Animal Shelter Cat Report (Attachment 8) FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, August 20, 2008 at 8:00 a.m. Member Richie Wilkins was absent. 1. The Public Works Director requests an FY 2009 Landfill Fund supplemental appropriation in the amount of $2 578 000. This amount represents re-appropriation of funds not spent in FY 2008. This item will require a public hearing. See attached memo, p. 1. The committee recommends forwarding to public hearing. -Approved Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye _ Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. The IT Director requests an FY 2009 General Fund supplemental appropriation in the amount of $2,163. This amount represents re-appropriation of funds not spent in FY 2008 for e- Government Day. See attached memo, p. 2. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 3. The I'I' Director requests an FY 2009 General Fund supplemental appropriation in the amount of $37.000. This amount represents re-appropriation of funds not spent in FY 2008 to be used for unbudgeted annual maintenance fees for county-wide IT projects. See attached memo, p. 3. The committee recommends approval of $15,000. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24!08 054. Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 4. The NRADC Superintendent requests an FY 2009 General Fund supplemental approRriation in the amount of $16,788. This amount represents funds received from the State Criminal Alien Assistance Program. Funds disbursed from this revenue equal $3,693.36. No v' local funds required. See attached memo, p. 4-14. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 5. The EDC Director requests an FY 2009 General Fund supplemental appropriation in the amount of $227,723.04. This amount represents funds for the NetTech Center of Winchester and will be recovered from GSA. No local funds required. See attached memo, p. 15-19. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 6. The Assistant County Administrator requests an FY 2009 General Fund supplemental ~~ropriation in the amount of $21,000. This amount represents re-appropriation of funds not spent in FY 2008 to be used for snow removal at the public safety building and fuel for maintenance staff vehicles. See attached memo, p. 20. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. Dellaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 7. The County Administrator requests an FY 2009 General Fund supplemental appropriation in the amount of $2,100. This amount represents funds needed by the AARP Tax Minute Book Number 34 Board of Supervisors Regular Meeting of 09!24/08 055 Aide Program for the location rental fee. Local funds required. See attached memo, p. 21. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye __ Cray W, Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 8. The Finance Director requests a resolution for the County's VRS pick-up plan. Formal authorization is required by the IRS. See attached information, p. 22-24. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye „_ 9. The County Administrator and the Finance Director request discussion on FY 2009 state reductions in Aid to Localities. See attached information, p. 25-26. No action needed. 10. The County Administrator has provided, as requested, comparable commercial office rental rates in the City of Winchester for discussion. See attached information, p. 27-37. The committee tabled the item awaiting revised lease terms. Information Only 1. Letters of appreciation were received from Youth Development Center, Bluemont Concert Series, The Metropolitan Washington Ear, Inc., and First Night Winchester. See attached letters, p. 38-41. TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Transportation Committee met on August 25, 2008 at 8:30 a.m. Members Present Chuck DeHaven (voting) Lewis Boyer (liaison Stephens City) - James Racey (voting) Phil Lemieux (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Members Absent Donald Breeden (liaison Middletown) Dave Burleson (voting) ***Items Requiring Action*** None Minute Book Number 34 Board or Supervisors Regular Meeting of 09/24/08 056 ***Items Not Requiring Action*** 1. Route 11 North Planning Update Staff updated the Committee on the draft Route 11 North Land Use Plan. 2. Stephens City Speed Limit Discussion In response to a request by the Town of Stephens City to lower the speed limit south of town, VDOT and staff updated the Committee on the analysis that has been done regarding speed limits in the Stephens City area. The Committee decided that it did not seem necessary to - recommend a change in speed at this time, but did decide that if VDOT and staff saw the need to discuss the issue further, it could return. 3. Warren County Truck Restriction Discussion Representatives from Warren County were present to discuss a potential truck restriction on Reliance Road. The application notes that there would be increased impact on Stephens City and Middletown should such a restriction be enacted. Committee members discussed Frederick County's experience with such restrictions in the past and welcomed the Warren County representatives to return once their Board had decided on a direction. 4. Photo Red Enforcement Staff updated the Committee on the research and discussions with the Sheriff's office on the issue of photo red enforcement. Staff is expected to seek a recommendation to the Board at the September 29, 2008 Transportation Committee meeting. 5. TIA Standards Staff updated the Committee on what had transpired during the most recent meetings with the Top of Virginia Builders and other reps regarding the TIA standards in development. 6. Article Review 7. Other PUBLIC HEARING PUBLIC HEARING -OUTDOOR FESTIVAL PERMIT REQUEST OF CEDAR CREEK BATTLEFIELD FOUNDATION - 18T ANNUAL REENACTMENT OF THE BATTLE OF CEDAR CREEK. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS; SECTION 86-3 C, PERMIT REQUIRED• APPLICATION• ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY AND SUNDAY OCTOBER 18 AND OCTOBER 19, 2008 FROM 9:00 A.M. - 6:00 P.M. EACH DAY TO BE HELD ON THE GROUNDS OF CEDAR CREEK BATTLEFIELD 8437 VALLEY PIKE MIDDLETOWN, VIRGINIA 22645, PROPERTY OWNED BY CEDAR CREEK BATTLEFIELD FOUNDATION. - APPROVED Administrator Riley advised this was an application for an Outdoor Festival Permit for the Cedar Creek Battlefield Foundation - 18`h Annual Reenactment to be held on Saturday and Sunday, October 18 and 19, 2008 from 9:00 a.m. to 6:00 p.m. each day. Suzanne Shilson, applicant, advised that she was present to answer any questions. Chairman Shickle opened the public hearing. There were no citizen comments. Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 057 Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Ewing, the Board approved the Outdoor Festival Permit for Cedar Creek Foundation - 18`h Annual Reenactment. ' Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING -PROPOSED SCHOOL BOND FINANCING BY THE COUNTY OF FREDERICK VIRGINIA. THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK VIRGINIA (THE "COUNTY"1 WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2-2606 OF THE CODE OF VIRGINIA 1950 AS AMENDED ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE "BONDS"1 OF THE COUNTY IN AN AMOUNT NOT TO EXCEED $7 300 000 TO FINANCE CERTAIN CAPITAL PROJF,CTS FOR PUBLIC SCHOOL PURPOSES A RESOLUTION (#011 08) AUTHORIZING THE ISSUANCE OF THE BONDS WILL BE CONSIDERED BY THE BOARD OF SUPERVISORS AT THIS MEETING ON SEPTEMBER 24 2008. -APPROVED Administrator Riley advised the $7,300,000.00 proceeds from this application would be used for the 12~h elementary school. Chairman Shickle convened the public hearing. )'here were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board approved the bond application in an amount not to exceed $7,300,000.00. 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 an amount not to exceed $7,300,000 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 24, 2008 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 (the "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. 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 will be less than the amount set forth Minute Book Number 34 Board or Supervisors Regular Meeting or 09/24/08 058 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 $7,300,000 (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 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 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 2008B" (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 I S and July 15 (each an "Interest Payment Date"), beginning July 15, 2009, 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 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 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 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 Pavins; Agent 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 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 Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 059 shall bear interest at the applicable interest rate or rates on the Bonds; and (c) U.S. Bank National Association, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. _ 7. Prepayment or Redem tp ion. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2018, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2018 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, 2018 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2018 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, 2018 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, 2018 to July 14, 2019, inclusive ....................................................... 101 July 15, 2019 to July 14, 2020, inclusive ....................................................... 100.5 July 15, 2020 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 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. 10. Use of Proceeds Certificate• Non-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 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. Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 060 11. State Non-Arbitrage Proi;ram• Proceeds Asreement. 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. l2. 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 F,xchange 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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - AMENDMENT TO THE 2008-2009 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 2008-2009 BUDGET TO REFLECT: LANDFILL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2 578 000. THIS AMOUNT REPRESENTS RE-APPROPRIATION OF FUNDS NOT SPENT IN FY 2008. - (RESOLUTION #012-081-APPROVED Administrator Riley advised this was an amendment to the FY 2008-2009 budget for a Landfill Fund supplemental appropriation in the amount of $2,578,000.00 for projects initiated last year, but not completed. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 061 approved the budget amendment. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 24, 2008, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2008-2009 Budget be Amended to Reflect: Landfill Fund Supplemental Appropriation in the Amount of $2 578 000. This Amount Represents Re-appropriation of Funds Not Spent in FY 2008. 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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING -CONDITIONAL USE PERMIT #07-08 FOR MARTIN DEISEROTH, FOR A COTTAGE OCCUPATION -HOME OFFICE THIS PROPERTY IS LOCATED AT 1471 SHOCKEYSVILLE ROAD (ROUTE 671) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 07-4-3-4 IN THE GAINESBORO MAGISTERIAL DISTRICT. -APPROVED 7_oning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit. The property is located at 1471 Shockeyville Road in the Gainesboro District. The property is zoned RA (rural areas) District. This is an application for a cottage occupation for an accounting home office. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than one employee allowed other than members of the family residing on the premises, with this conditional use permit (CUP). 3. No more than ten customers per week. 4. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square-feet in size. 5. Any expansion or modification of facilities will require a new conditional use permit (CUP). Chairman Shickle convened the public hearing. There were not citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board Minute Book Number 34 Board otSupervisors Regular Meeting ot09/24/O8 062 approved Conditional Use Permit #07-08 with the above conditions, by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #08-08 FOR SHENANDOAH GAS FOR AN EXTENSION OF PREVIOUSLY APPROVED MONOPOLE STRUCTURE FROM 120 FEET TO 180 FEET. THIS PROPERTY IS LOCATED AT 350 HILLANDALE LANE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 63-A-2 IN THE SHAWNEE MAGISTERIAL DISTRICT. -APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit. The property is located at 350 Hillandale Lane in the Shawnee Magisterial District. The property is zoned M-1 (Industrial Light) District. The purpose of this application is to extend a previously approved monopole structure from 120 feet to 180 feet. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. _ 2. The telecommunication tower shall be available for collocating personal wireless services providers. 3. In the event a telecommunication tower is not erected within 12 months of the approval of this conditional use permit then the conditional use permit will be deemed invalid. 4. The telecommunications tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 5. Any expansion or modification of this use will require a new conditional use permit. 6. Approval of this conditional use permit will void CUP #11-02 of Shenandoah Gas for a 120-foot monopole structure. Vice-Chairman Fisher asked if there should be a condition added regarding compliance with the FAA requirements. Zoning Administrator Cheran advised the Winchester Regional Airport has asked for a light and the applicant must comply. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lofton, the Board Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 063 approved Conditional Use Permit #08-08 with the above conditions. 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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING -REZONING #OS-08 OF BPG PROPERTIES LTD./I-81 _DISTRIBUTION CENTER SUBMITTED BY BPG PROPERTIES LTD TO REZONE 59 ACRES FROM RA (RURAL AREAS) DISTRICT TO B3 (BUSINESS, INDUSTRIAL TRANSITION) 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 11) AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 33-A-109 AND 33-A-110 IN THE STONEWALL MAGISTERIAL DISTRICT. -APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 59 acres from RA (Rural Areas) District to B3 (Business, Industrial Transition) District, with proffers. The property is located in the Stonewall Magisterial District and the proposed use is office and warehouse uses. Deputy Director Ruddy advised the Planning Commission recommended the inclusion of two items in the Proffer Statement, they included: 1. Amend the language of the trail and landscaping easement that runs along the Route 11 frontage of the property to include an allowance for grading and drainage adjacent to Route 11 in support of future improvements to Route 11. 2. Ensure the $125,000.00 signalization improvement contribution in Proffer 3.4 is directed solely at the signal and intersection improvement at the future entrance of Branson Spring Road and not at internal improvements accessing this future entrance. Deputy Director Ruddy went on to say the requested B3 zoning is consistent with the Northeast Land Use Plan and higher traffic generating uses have been eliminated. The applicant has proffered an M-1 setback, a $10,000 contribution to Fire and Rescue, additional landscaping and buffering, and no more than one entrance into the property. In addition, the applicant has proffered $550,000 for traffic improvements in the Route 11 corridor area. He concluded by saying the Planning Commission recommended approval. John Foote, attorney for the applicant, advised that he had worked on this project since the reapplication had been made and the applicant has addressed each issue. He went on to say that the applicant managed to get an application that was satisfactory to County Staff, VDOT, Minute Book Number 34 Board otSupervisors Regular Meeting of 09/24/08 064 and the Planning Commission and he believed the weaknesses had been successfully removed. He stated the monetary contribution is unrestricted with regard to its use. He concluded by requesting Board approval. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved Rezoning #OS-08. WHEREAS, Rezoning #OS-08 of BPG Properties, LTD./I-81 Distribution Center, submitted by BPG Properties, Ltd., to rezone 59 acres from RA (Rural Areas) District to B3 (Business, Industrial Transition) District, with proffers last dated September 17, 2008, for Office and Warehouse Uses was considered. The properties are located approximately 0.61 miles north of the Route 11 intersection with Cedar Hill Road (Route 671), bounded on the west by Interstate 81 and on the east by Martinsburg Pike (Route 11) in the Stonewall Magisterial District and are identified by Property Identification Numbers 33-A-109 and 33-A-110, in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 6, 2008 and a public meeting on September 17, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 24, 2008; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 59 acres from RA (Rural Areas) District to B3 (Business, Industrial Transition) District for Office and Warehouse uses, subject to the attached conditions voluntarily proffered in writing by the applicant and property owner. This ordinance shall be in effect on the date of adoption. Passed this 24`h day of September, 2008 by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - CEDAR CREEK BATTLEFIELD FOUNDATION REQUEST FOR ENDORSEMENT FROM THE BOARD OF SUPERVISORS ON A VIRGINIA DEPARTMENT OF TRANSPORTATION ENHANCEMENT GRANT FOR IMPROVEMENTS TO THEIR VISITOR CENTER. - RESOLUTION #013-OS) -APPROVED Deputy Planning Director of Transportation John Bishop appeared before the Board regarding this item. He advised this was an enhancement grant public hearing on behalf of the Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 065 Cedar Creek Battlefield Foundation. He explained that as a private entity, the battlefield foundation needed County sponsorship for their application. He went on to say the County is sponsoring the application, but the matching money is being provided by the Cedar Creek Battlefield Foundation. He concluded by saying any Frederick County application would be prioritized above this application. Tim Stowe, board member of the Cedar Creek Battlefield Foundation, explained the group needs Board of Supervisors' sponsorship in order to be successful. He went on to say VDOT requires a public hearing and that the local governing body must adopt a resolution. He concluded by saying the Foundation would seek $500,000 from VDOT in this grant application. Deputy Director Bishop advised the County would have to submit reimbursement requests, reports, etc. for the Foundation, but it would not be serving as the fiscal agent. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Ewing, the Board approved the request from the Cedar Creek Battlefield Foundation. WHEREAS, the Virginia Department of Transportation awards Enhancement Grants, which are federal funds that are awarded by the Commonwealth Transportation Board on an annual basis. This application is being made by the Cedar Creek Battlefield Foundation, a private entity, for sponsorship and endorsement from Frederick County. The enhancement funds, if awarded, will be used for the benefit of their Visitor Center, Cedar Creek Battlefield Foundation would be taking financial responsibility for matching funds should this project receive an award; and WHEREAS, the Transportation Committee considered this proposal at their August 25, 2008 meeting and unanimously endorsed the grant application effort; and WHEREAS, the Board of Supervisors of Frederick County, Virginia, desires that the Planning and Development Department provide endorsement by way of this Resolution for application by the Cedar Creek Battlefield Foundation for an Enhancement Grant for their Visitor Center. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby sponsors this application for an Enhancement Grant so long as it is not prioritized higher than any County application. 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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 066 PUBLIC HEARING -UPDATE OF THE 2010 THROUGH 2015 FREDERICK COUNTY PROPOSED SECONDARY SIX YEAR ROAD IMPROVEMENT PLAN AND THE SECONDARY SYSTEM CONSTRUCTION BUDGET FOR 2010. THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK, VIRGINIA, IN ACCORDANCE WITH SECTION 33.1-70.01 OF THE CODE OF VIRGINIA, WILL CONDUCT A JOINT PUBLIC HEARING. THE PURPOSE OF THIS PUBLIC HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SECONDARY SIX-YEAR PLAN FOR FISCAL YEARS 2010 THROUGH 2015 FOR FREDERICK COUNTY, AND ON THE SECONDARY SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2010. ALL PROJECTS IN THE SECONDARY SIX-YEAR PLAN THAT ARE ELIGIBLE FOR FEDERAL FUNDS WILL BE INCLUDED IN THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP), WHICH DOCUMENTS HOW VIRGINIA WILL OBLIGATE FEDERAL TRANSPORTATION FUNDS. - (RESOLUTION #'S #014-08, 015-08 AND 016-08) - APPROVED Deputy Director of Transportation John Bishop appeared before the Board regarding this item. He advised this was the annual exercise to update the Six Year Road Improvement Program. There were no major changes and no additional projects. With regard to the Interstate Plan, Deputy Director Bishop noted the emphasis was on the Exit 307 relocation. With regard to the Primary Road Plan, the South Frederick Parkway was added. With regard to the Secondary Road Plan, there were some additions and deletions due to completion or county priorities. As far as the Rural Hard surfacing there was no need to reprioritize projects this year due to a lack of funding for new projects. Supervisor Dove asked how often these rankings are changed. Deputy Director Bishop responded the rankings are reviewed annually, but that was not done this year because none of the existing projects moved onto the scheduled list. VDOT Resident Engineer advised that the cost to do these projects had increased, but the amount of funding received from the State had decreased. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the 2008-20091nterstate Road Improvement Plan. RESOLUTION #014-08 WHEREAS, Sections 33.1-23 and 33.1-23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing aSix-Year Road Plan; and, WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on July 25, 2008; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on August 6, 2008; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 067 policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2009 - 2010 Interstate Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2009-2010 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2009-2010 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on September 24, 2008. 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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye John Adcock, Opequon District, appeared before the Board regarding the Primary Road Improvement Plan. He stated the proposed South Frederick Parkway goes behind his house in the Route 277 triangle area. He went on to say the proposed alternate road artery would affect rural land. He stated there was potential for many rezoning applications in the area once this road is approved. In addition, he felt the closure of existing exit 307 and moving it further south was not far sighted and stated the area would need two exits in the future. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the Primary Road Improvement Plan, RESOLUTION #015-08 WHEREAS, Sections 33.1-23 and 33.1-23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing aSix-Year Road Plan, and; WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on July 28, 2008; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on August 6, 2008; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 068 policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2009 - 2010 Primary Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2009-2010 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2009-2010 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on September 24, 2008. '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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton AYe Chairman Shickle convened the public hearing for the proposed Secondary Six Year Road Improvement Plan and the Secondary System Construction Budget for 2010. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the Secondary Six Year Road Improvement Plan and Secondary System Construction Budget for 2010. RESOLUTION #016-08 WHEREAS, Sections 33.1-23 and 33.1-23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing aSix-Year Road Plan; and, WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on July 28, 2008; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on August 6, 2008; and, WHF,REAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 069 hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2009 - 2010 Secondary Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2009-2010 Secondary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2009-2010 Secondary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on September 24, 2008. 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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS ROUTE 277 URBAN DEVELOPMENT AREA (UDA)/SEWER & WATER SERVICE AREA (SWSA) AND COMPREHENSIVE POLICY PLAN AMENDMENT DIRECTION CLARIFICATION. - APPROVED MOVING FORWARD WITH CPPA #02-08, LOWE'S OF STEPHENS CITY Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised that staff was seeking Board direction regarding this issue. He stated the Frederick County Sanitation Authority has the ability to serve the proposed Route 277 Urban Development Area and Sewer/Water Service Area expansion. The two items on which staff was seeking Board direction dealt with: 1. Does the Board wish to expand the UDA/SWSA in support of the Route 227 Study? 2. If the Board does not wish to modify those boundaries, how does the Board wish to dispose of CPPA #02-08, Lowe's of Stephens City? Supervisor Dove stated he did not want to expand the UDA/SWSA boundaries. With regard to the Lowe's application, he believed it should be taken through the process. Supervisor DeHaven stated that he would like staff to look at a potential expansion that did not encompass the entire study area. He suggested any place west of Hudson Hollow Road. Vice-Chairman Fisher stated he liked the plan, but did not want an expansion of the Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 070 UDA/S WSA. Supervisor Ewing stated he would like to see the Board at least consider the Lowe's application. He went on to say he could accept a proposal for a UDA/SWSA expansion west of Hudson Ilollow Road, as long as it included the Lowe's property. Supervisor Lemieux stated he would be agreeable to an expansion of the UDA/SWSA west of Hudson Hollow Road. Supervisor Lofton stated he was not prepared this evening to vote on an expansion of the UDA/SWSA. Upon a motion by Supervisor Lofton, seconded by Vice-Chairman Fisher, the Board approved consideration of only CPPA #02-08, Lowe's of Stephens City. Supervisor DeHaven stated there was a need to address a portion of the study area at some point in the future and that issue needs to come back to the Board. He stated he would like to see the Board consider the expansion discussed earlier (i.e. Hudson Hollvw Road to the west). 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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSERVATION EASEMENT AUTHORITY REPORT - PDR PROPERTY EVALUATION -APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised the Conservation Easement Authority was seeking Board of Supervisors support for use of grant matching funds from Virginia Department of Agriculture and Consumer Services to purchase the development rights for an 89.75 acre parcel owned by the Snapp family. In addition, approximately $3,000 of either County or Easement Authority funds would be used to pay for legal documentation. He noted this was the first step in the process and no local funds would be necessary to secure the property. He concluded by saying if the County did not wish to provide the $3,000.00 for the preparation of legal documents then the Easement Authority would pay for the paperwork. Upon a motion by Vice-Chairman Fisher, the Board endorsed the purchase of the Snapp property with the 2008 VADACS grant funds. Chairman Shickle stated he would like to know who did what (e.g. appraisal, funding, Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 071 etc.) and who looked at what in this process. There being no further discussion, the Board approved the above motion by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles. S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board approved the Conservation Easement Authority using $3,000.00 of its money to pay the legal fees relative to this project. Vice-Chairman Fisher stated in the future that if more money becomes available then the County might have to come up with additional money to assist in these purchases. Supervisor DeHaven stated the Easement Authority has worked hard to raise its money and the Board needs to consider when to raise money in the future budget. There being no further discussions, 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 Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye FREDERICK COUNTY COMMUNITY SERVICE FACILITY PROJECT -ROSE MEMORIAL FOUNDATION -APPROVED UNDER CONSENT AGENDA The Board authorized Administrator Riley to sign a letter on behalf of the County in support of the Rose Memorial Foundation's purchase, rehabilitation, and expansion of the existing Bon Air Home. DISCUSSION - B3 (INDUSTRIAL TRANSITIONI HEIGHT LIMITATION AMENDMENT - (RESOLUTION #017-08) -FORWARD THROUGH PUBLIC HEAKING PROCESS -APPROVED UNDER CONSENT AGENDA WHEREAS, the Frederick County Planning Department has received a request to modify Chapter 165, Zoning, Article IV, Supplementary Use Regulations to provide a building height increase in the B3, Industrial Transition Zoning District; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on June 26, 2008; and WHEREAS, the Planning Commission discussed the draft ordinance on August 20, 2008 and recommended that a public hearing be held; and Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 072 WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning, Article IV, Supplementary Use Regulations. The proposed amendment includes a building height increase for the B3, Industrial Transition Zoning District. NOW, THEREFORE, BE IT REQUESTED, by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning, Article IV, Supplementary Use Regulations. The proposed amendment includes a building height increase for the B3, Industrial Transition Zoning District. Passed this 24th day of September, 2008. This item was approved under the consent agenda. DISCUSSION - IA (INTERSTATE AREA) SIGN AMENDMENT - (RESOLUTION #018-08) - FORWARD THROUGH PUBLIC HEARING PROCESS -APPROVED UNDER CONSENT AGENDA WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning, Article XVII, IA Interstate Area Overlay District pertaining to the removal of general merchandise, apparel stores and automotive dealers from qualifying uses in the IA Interstate Area Overlay Zoning District; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on June 26, 2008; and WHEREAS, the Planning Commission discussed the draft ordinance on August 20, 2008 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission to hold a public hearing regarding amendments to Chapter 165, Zoning, Article XVII, IA Interstate Area Overlay District pertaining to the removal of general merchandise, apparel stores and automotive dealers from qualifying uses in the IA Interstate Area Overlay Zoning District. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning, Article XVII, IA, Interstate Area Overlay District pertaining to the removal of general merchandise, apparel stores, and automotive dealers from qualifying uses in the IA Interstate Area Overlay Zoning District. Passed this 24`h day of September, 2008. This item was approved under the consent agenda. BOARD LIAISON REPORTS There were no Board liaison reports. There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Dove advised that he attended the County's awards banquet and Administrator Riley received his 25 year service award. Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08 __ _ __ 073 The Board thanked Mr. Riley for his service. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:20 P.M.) ~--~ ~~~ Richard C. Shickle Chairman, Board of Supervisors iley, Jr. erk, Board of Supervisors Minutes Prepared By: .-- Jay . T' bs Deputy lerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 09/24/08